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United States · California Rules of Court

When is an answer to a California petition for review due?

Rule 8.500(e)(4) requires any answer served and filed within 20 days after the petition for review is filed.

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Period
20 calendar days for the disclosed component
Trigger
The actual or legally deemed filing date of the petition for review
Rule
Cal. Rules of Court, rule 8.500(e)(4)
Cal. Rules of Court, rule 8.500(e)(4)

Official 2026 Rules of Court reviewed. Rule 8.500 amended effective January 1, 2020; repealed and adopted as rule 28 effective January 1, 2003; previously amended effective January 1, 2004, July 1, 2004, January 1, 2009, and January 1, 2018; previously amended and renumbered effective January 1, 2007.

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Which event starts this Cal. Rules of Court, rule 8.500(e)(4) inquiry?

The actual or legally deemed filing date of the petition for review

Obtain the Supreme Court filing record. Petition service, timely carrier dispatch and actual receipt can identify different dates; establish the rule-defined filing event.

Responsible actor. The party choosing to answer the petition for review. Use the petition's actual or legally deemed filing date and no granted extension. A premature petition uses its subsection (e)(3) deemed filing date.

Cal. Rules of Court, rule 8.500(e)(4)

How is this particular California component counted?

  1. Use the petition's actual or legally deemed filing date and no granted extension. A premature petition uses its subsection (e)(3) deemed filing date.
  2. Exclude the established event and count 20 calendar days forward under CCP 12 and rule 1.10. Intermediate weekends and holidays count. A final judicial holiday moves to the next open day under CCP 12a. Check actual additional closures under CCP 12b.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Serve and file the answer in the Supreme Court, preserving proof and accepted filing. An answer may raise additional review issues and grounds under rule 8.500(a)(2).

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.

Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Use the petition's actual or legally deemed filing date and no granted extension. A premature petition uses its subsection (e)(3) deemed filing date. Only the disclosed branch and established event apply, with no altered order, eligible service addition or additional closure.

Example counting steps
StepWhat is countedDate
Established eventThe actual or legally deemed filing date of the petition for reviewAugust 3, 2027
Disclosed component boundary20 calendar days for the disclosed componentAugust 23, 2027
Example resultAugust 23, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Premature petition trigger
A pre-finality petition is deemed filed on the day after finality. Use that legal filing date, not the earlier submission date.
Distinct reply period
Any reply to an answer uses ten days after answer filing under subsection (e)(5), not this twenty-day answer period.
Extension application
Unlike the petition itself, an answer may receive a qualifying extension. Rules 8.50 and 8.60 require the applicable application and good-cause showing.
Service methods and distinct statutory additions
Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.
Edition and calendar coverage
Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.
Cal. Rules of Court, rule 8.500(e)(4)
  • Use the petition's actual or legally deemed filing date and no granted extension. A premature petition uses its subsection (e)(3) deemed filing date.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about Cal. Rules of Court, rule 8.500(e)(4)

When is an answer to a California petition for review due?

Does petition service start twenty days?

No. Subsection (e)(4) uses petition filing.

Cal. Rules of Court, rule 8.500(e)(4)

What if the petition was submitted before finality?

Subsection (e)(3) accepts it but deems filing on the day after finality. Establish that filing date first.

Cal. Rules of Court, rule 8.500(e)(3)

Is the reply also due in twenty days?

No. Subsection (e)(5) gives any reply ten days after answer filing.

Cal. Rules of Court, rule 8.500(e)(5)

Official California sources and edition review

Provisions used (19)
Provisions used in this guide
ProvisionPurpose
Cal. Rules of Court, rule 8.500(e)(4)The particular actor, event, period and required act
Cal. Rules of Court, rule 8.500(e)(3)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.500(e)(5)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.50The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.500(e)(4)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.10The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.25The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.77The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.500(e)(1)The separately identified counting, filing, holiday or procedural qualification
Read the official rule

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