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United States · California Rules of Court

When is a California respondent's brief due?

Rule 8.212(a)(2) requires the respondent's brief served and filed within 30 days after the appellant files the opening brief.

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Period
30 calendar days for the disclosed component
Trigger
Actual filing of the appellant's opening brief
Rule
Cal. Rules of Court, rule 8.212(a)(2)
Cal. Rules of Court, rule 8.212(a)(2)

Official 2026 Rules of Court reviewed. Rule 8.212 amended effective January 1, 2018; repealed and adopted as rule 15 effective January 1, 2002; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2003, January 1, 2004, January 1, 2005, July 1, 2005, January 1, 2008, January 1, 2010, January 1, 2011, January 1, 2013, January 1, 2014, and January 1, 2015.

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Which event starts this Cal. Rules of Court, rule 8.212(a)(2) inquiry?

Actual filing of the appellant's opening brief

Obtain the reviewing court filing date. Service, posting or a carrier dispatch that makes a brief timely does not necessarily establish its filing date.

Responsible actor. The respondent in an ordinary unlimited civil appeal. Use the accepted filing date of the appellant's opening brief and no changed or combined briefing order.

Cal. Rules of Court, rule 8.212(a)(2)

How is this particular California component counted?

  1. Use the accepted filing date of the appellant's opening brief and no changed or combined briefing order.
  2. Exclude the established event and count 30 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 respondent's brief in the reviewing court and preserve proof, filing confirmation and the required rule 8.212(c) additional copies.

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 accepted filing date of the appellant's opening brief and no changed or combined briefing order. 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 eventActual filing of the appellant's opening briefAugust 2, 2027
Disclosed component boundary30 calendar days for the disclosed componentSeptember 1, 2027
Example resultSeptember 1, 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?

Timely stipulated or court extension
Under rule 8.212(b), parties may stipulate to up to sixty days per brief period, subject to stated statutory and prior-extension exceptions. File the signed stipulation before the brief is due. A further application must satisfy the stated good-cause conditions.
Both appellant and respondent
Rule 8.216 requires a proposed and court-ordered briefing sequence when a party has both roles. The ordinary single-role preset does not calculate that ordered sequence.
Missing respondent brief
Rule 8.220 requires the stated notice before the described sanction. The court may decide the appeal using the record, opening brief and appellant's oral argument after continued failure.
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 8.212(a)(2)
  • Use the accepted filing date of the appellant's opening brief and no changed or combined briefing order.
  • 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 8.212(a)(2)

When is a California respondent's brief due?

Do the thirty days start with service of the opening brief?

No. The rule uses the appellant's opening-brief filing date.

Cal. Rules of Court, rule 8.212(a)(2)

Does timely mailing change the opening-brief filing date?

No. Rule 8.25 distinguishes timely dispatch from the actual received and deemed-filed date used for filing-triggered periods.

Cal. Rules of Court, rule 8.25(b)

Does the court automatically dismiss the appeal if I file no respondent brief?

Rule 8.220(a)(2) identifies the different possible sanction of deciding the appeal on the record, opening brief and appellant argument.

Cal. Rules of Court, rule 8.220(a)(2)

Official California sources and edition review

Provisions used (20)
Provisions used in this guide
ProvisionPurpose
Cal. Rules of Court, rule 8.212(a)(2)The particular actor, event, period and required act
Cal. Rules of Court, rule 8.212(b)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.216(a)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.220(a)(2)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.212(a)(2)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 8.25(b)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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