Rule 8.702. Appeals

(a) Application of general rules for civil appeals Except as otherwise provided by the rules in this chapter, rules 8.100-8.278, relating to civil appeals, apply to appeals under this chapter.

(b) Notice of appeal

(1) Time to appeal

(A) Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, showing the date either was served; or

(B) Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled “Notice of Entry” of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service.

(2) Contents of notice of appeal

(A) State that the superior court judgment or order being appealed is governed by the rules in this chapter;

(B) Indicate whether the judgment or order pertains a streamlined CEQA project;

(C) If the judgment or order being appealed pertains to an environmental leadership development project, an Oakland ballpark project, an Inglewood arena project, an energy infrastructure project, a semiconductor or microelectronic project, or a water-related project, provide notice that the person or entity that applied for certification or approval of the project as such a project must make the payments required by rule 8.705; and

(D) If the judgment or order being appealed pertains to an environmental leadership transit project, provide notice that the project applicant must make the payments required by rule 8.705.

(c) Extending the time to appeal

(1) Motion for new trial

(A) Five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order; or

(B) Five court days after denial of the motion by operation of law.

(2) Motion to vacate judgment

(3) Motion to reconsider appealable order

(4) Cross-appeal

(d) Record on appeal

(1) Record of written documents

(2) Record of the oral proceedings

(A) The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court. If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must designate a reporter’s transcript.

(B) Any party that submits a copy of a Transcript Reimbursement Fund application in lieu of a deposit under rule 8.130(b)(3) must serve all other parties with notice of this submission when the party serves its notice of designation of the record. Within five days after service of this notice, any other party may submit to the trial court the required deposit for the reporter’s transcript under rule 8.130(b)(1), the reporter’s written waiver of the deposit under rule 8.130(b)(3)(A), or a certified transcript of all of the proceedings designated by the party under rule 8.130(b)(3)(C).

(C) Within 10 days after the superior court notifies the court reporter to prepare the transcript under rule 8.130(d)(2), the reporter must prepare and certify an original of the transcript and file the original and required number of copies in superior court.

(D) If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter’s transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk’s notice or the reviewing court may impose one of the following sanctions:

(i) If the defaulting party is the appellant, the court may dismiss the appeal; or

(ii) If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.

(e) Superior court clerk duties Within five court days following the filing of a notice of appeal under this rule, the superior court clerk must:

(1) Serve the following on each party:

(A) Notification of the filing of the notice of appeal; and

(B) A copy of the register of actions, if any.

(2) Transmit the following to the reviewing court clerk:

(A) A copy of the notice of appeal;

(B) A copy of the appellant’s notice designating the record; and

(C) An electronic copy of the administrative record.

(f) Briefing

(1) Electronic filing

(2) Time to serve and file briefs

(A) An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.

(B) A respondent must serve and file its brief within 25 days after the appellant files its opening brief.

(C) An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.

(3) Contents and form of briefs

(A) The briefs must comply as nearly as possible with rule 8.204.

(B) If a designated reporter’s transcript has not been filed at least 5 days before the date by which a brief must be filed, an initial version of the brief may be served and filed in which references to a matter in the reporter’s transcript are not supported by a citation to the volume and page number of the reporter’s transcript where the matter appears. Within 10 days after the reporter’s transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter’s transcript must be supported by a citation to the volume and page number of the reporter’s transcript where the matter appears.

(C) Unless otherwise ordered by the court, within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the record on appeal, cited decisions, and the parties’ other briefs. Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.

(4) Extensions of time to file briefs

(5) Failure to file brief

(A) If the brief is an appellant’s opening brief, the court may dismiss the appeal;

(B) If the brief is a respondent’s brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant; or

(C) Any other sanction that the court finds appropriate.

(g) Oral argument Unless otherwise ordered by the reviewing court, oral argument will be held within 45 days after the last reply brief is filed. The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date. The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

Committee Notes

(Subd (b) amended effective December 31, 2023; previously amended effective January 1, 2016, and January 1, 2017, March 11, 2022, and January 1, 2023.)

(Subd (f) amended effective July 1, 2025; previously amended effective January 1, 2017, March 11, 2022, January 1, 2023, and December 23, 2023.)