Rule 8.25. Service, filing, and filing fees

(a) Service

(1) Before filing any document, a party must serve one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.

(2) The party must attach to the document presented for filing a proof of service showing service on each person or entity required to be served under (1), or, if using an electronic filing service provider’s automatic electronic document service, the party may have the electronic filing service provider generate a proof of service. The proof must name each party represented by each attorney served.

(b) Filing

(1) A document is deemed filed on the date the clerk receives it.

(2) Unless otherwise provided by these rules or other law, a filing is not timely unless the clerk receives the document before the time to file it expires.

(3) A brief, an application to file an amicus curiae brief, an answer to an amicus curiae brief, a petition for rehearing, an answer to a petition for rehearing, a petition for transfer of an appellate division case to the Court of Appeal, an answer to such a petition for transfer, a petition for review, an answer to a petition for review, or a reply to an answer to a petition for review is timely if the time to file it has not expired on the date of:

(A) Its mailing by priority or express mail as shown on the postmark or the postal receipt; or

(B) Its delivery to a common carrier promising overnight delivery as shown on the carrier’s receipt.

(4) The provisions of (3) do not apply to original proceedings.

(5) If the clerk receives a document by mail from an inmate or a patient in a custodial institution after the period for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing within the period for filing the document, the document is deemed timely. The clerk must retain in the case file the envelope in which the document was received.

(c) Filing fees

(1) Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.

(2) Documents for which a filing fee may be required under Government Code sections 68926 or 68927 include:

(A) A notice of appeal in a civil case. For purposes of this rule, “notice of appeal” includes a notice of cross-appeal;

(B) A petition for a writ within the original civil jurisdiction of the Supreme Court or Court of Appeal;

(C) A petition for review in a civil case in the Supreme Court;

(D) The following where the document is the first document filed in the Court of Appeal or Supreme Court by a party other than the appellant or petitioner in a civil case. For purposes of this rule, a “party other than the appellant” does not include a respondent who files a notice of cross-appeal.

(i) An application or an opposition or other response to an application;

(ii) A motion or an opposition or other response to a motion;

(iii) A respondent’s brief;

(iv) A preliminary opposition to a petition for a writ, excluding a preliminary opposition requested by the court unless the court has notified the parties that it is considering issuing a peremptory writ in the first instance;

(v) A return (by demurrer, verified answer, or both) after the court issues an alternative writ or order to show cause;

(vi) Any answer to a petition for review in the Supreme Court; and

(vii) Any brief filed in the Supreme Court after the court grants review.

(3) If a document other than the notice of appeal or a petition for a writ is not accompanied by the filing fee or an application for a waiver of court fees under rule 8.26, the clerk must file the document and must promptly notify the filing party in writing that the court may strike the document unless, within the stated time of not less than 5 court days after the notice is sent, the filing party either:

(A) Pays the filing fee; or

(B) Files an application for a waiver under rule 8.26 if the party has not previously filed such an application.

(4) If the party fails to take the action specified in a notice given under (3), the reviewing court may strike the document, but may vacate the striking of the document for good cause.

Committee Notes

(Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2007.)

(Subd (b) amended effective July 1, 2012; previously amended effective January 1, 2007, January 1, 2009, July 1, 2010, and January 1, 2011.)

(Subd (c) amended effective January 1, 2018; adopted effective October 28, 2011.)