Legal Question in Administrative Law in California

Calif. Petition for Writ of Ordinary Mandate Reply Brief Length

I am at the stage of my Petition for Ordinary Writ of Mandate proceeding that I need to write a ''reply brief'' for the trial court. The litigation is really quite complicated, and the opponent is either ignorant of the law or is just giving me more to write about and contest. My reply brief is at least 15 pages long. I could not help it, I have so much explaining to do here! Is that too long, 15 pages? And do I need a table of contents and other tables?


Asked on 4/03/08, 9:14 pm

2 Answers from Attorneys
Clayton Lee Russakow, Ryan & Johnson

Re: Calif. Petition for Writ of Ordinary Mandate Reply Brief Length

Cal. Rule of Ct. 3.1113(d): "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages. The page limit does not include exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service."

That last bit answers your second question as well. Less is more. Clear, concise arguments. Make good use of footnotes to deal with and dismiss some of the opposing party's more ridiculous arguments, as they take up less room. Tell the court what you're going to tell it, then tell it, then tell the Court what you told it. QED.

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Answered on 4/04/08, 12:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Calif. Petition for Writ of Ordinary Mandate Reply Brief Length

You didn't say whether you are in Superior Court or already up at the Court of Appeal. In the latter case, Rule 8.204 would apply and the length limit is 14,000 words.

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Answered on 4/05/08, 10:09 pm


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