Legal Question in Appeals and Writs in California

Re: where is it filed?

The appendix would be filed at the court of appeals. If not filed by the deadline the court of appeals sends out a letter stating that if the appendix and brief are not filed within 10 days the case will be dismissed. A copy would also be served on the opposing party. The websites are quite up to date so it is likely that it has not been filed as of 24 hours ago. Good Luck, Pat McCrary

Re: where is it filed?

There are usually two components to the "record" - the Reporter's Transcript, prepared by the Court Reporter, and in your case, an Appendix prepared by the appellant.

The deadline you are referring to probably applies to the Reporter's Transcript, over which the parties have little control. It is very common for the Court Reporter to take more time than is allocated. When the Reporter does file the Reporter's Transcript (at the Court of Appeal, with copies to the parties if you paid for one), you will then receive a notice from the Court of Appeal that the Appellant's Opening Brief - and the Appendix - is due in 30 days. That deadline is not hard, either. There is an automatic grace period, and the Court frequently grants requests for extensions of time.

I hope this helps. I am a Certified Appellate Law Specialist, and I practice in the Courts of Appeal statewide. You may review my website for more information about appeals: www.foxappeals.com.

Please contact me if you have additional questions.