Rule 8.60. Extending time

(a) Computing time The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules.

(b) Extending time Except as these rules provide otherwise, for good cause—or on an exceptional showing of good cause, when required by these rules—the Chief Justice or presiding justice may extend the time to do any act required or permitted under these rules.

(c) Application for extension

(1) An application to extend time must include a declaration stating facts, not mere conclusions, and must be served on all parties. For good cause, the Chief Justice or presiding justice may excuse advance service.

(2) The application must state:

(A) The due date of the document to be filed;

(B) The length of the extension requested;

(C) Whether any earlier extensions have been granted and, if so, their lengths and whether granted by stipulation or by the court; and

(D) Good cause—or an exceptional showing of good cause, when required by these rules—for granting the extension, consistent with the factors in rule 8.63(b).

(d) Relief from default For good cause, a reviewing court may relieve a party from default for any failure to comply with these rules except the failure to file a timely notice of appeal or a timely statement of reasonable grounds in support of a certificate of probable cause.

(e) No extension by superior court Except as these rules provide otherwise, a superior court may not extend the time to do any act to prepare the appellate record.

(f) Notice to party

(1) In a civil case, counsel must deliver to his or her client or clients a copy of any stipulation or application to extend time that counsel files. Counsel must attach evidence of such delivery to the stipulation or application, or certify in the stipulation or application that the copy has been delivered.

(2) In a class action, the copy required under (1) need be delivered to only one represented party.

(3) The evidence or certification of delivery under (1) need not include the address of the party notified.

Committee Notes

(Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2023; adopted as subd (d); previously amended and relettered effective January 1, 2007.)

(Subd (d) relettered effective January 1, 2007; adopted as subd (e).)

(Subd (e) relettered effective January 1, 2007; adopted as subd (f).)

(Subd (f) amended and relettered effective January 1, 2007; adopted as subd (g).)