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(a) [Form] Except as otherwise provided in these rules, all papers filed in a reviewing court may be either typewritten or proportionally spaced at the option of the party filing them. If typewritten, they shall conform, as far as practicable, to the requirements of subdivision (c) of rule 15. If proportionally spaced, they shall conform, as far as practicable, to the requirements of subdivision (d) of rule 15. All copies of papers must be clear and legible. The use of recycled paper shall be required for all papers filed with the court or served on the parties. The use of recycled paper for the cover of the brief is encouraged.
(Subd (a) amended effective July 1, 1996; previously amended January 1, 1959, July 1, 1974, January 1, 1993, January 1, 1994, and January 1, 1995.)
(b) [Number of copies] If a brief, paper, or document, other than the record, is filed in a reviewing court the following number of copies shall be filed:
(1) If filed in the Supreme Court:
(i) An original and 13 copies of a petition for review or other petition, or an answer, opposition, or other response to a petition.
(ii) An original and 14 copies of a brief in a cause pending in that court.
(iii) An original and 8 copies of a notice of motion, motion, or opposition or other response to a motion.
(iv) An original and one copy of any other document or paper.
(2) If filed in a Court of Appeal:
(i) An original and 4 copies of a petition or an answer, opposition, or other response to a petition.
(ii) An original and 4 copies of a brief and, in civil appeals, proof of delivery of 5 copies to the Supreme Court.
(iii) An original and 3 copies of a notice of motion, motion, or opposition or other response to a motion.
(iv) An original and one copy of any other document or paper.
(Subd (b) amended effective July 1, 1996; previously amended effective January 1, 1951, January 2, 1962, November 11, 1966, January 1, 1972, July 1, 1973, May 6, 1985, July 1, 1989, and January 1, 1996.)
(c) [Covers] So far as practicable, the covers of briefs and petitions should be in the following colors:
Appellant's opening brief (rule 16(a))..................................... |
green |
Respondent's brief (rule 16(a))............................................. |
yellow |
Appellant's reply brief (rule 16(a))........................................ |
tan |
Amicus curiae brief........................................................... |
gray |
Petition for rehearing......................................................... |
orange |
Answers to petition for rehearing.......................................... |
blue |
Petition for original writ or answer (opposition) to writ petition..... |
red |
Petition for review (rule 28(b))............................................. |
white |
Answer to petition for review (rule 28(c))................................ |
blue |
Reply to answer (rule 28(d))................................................ |
white |
Petitioner's brief on the merits (rule 29.3(a))............................ |
white |
Answer brief on the merits (rule 29.3(a))................................. |
blue |
Reply brief on the merits.................................................... |
white |
A brief or petition not conforming to this subdivision shall be accepted for filing; but in the case of repeated violations by an attorney or party, the court may proceed as provided in rule 18.
(Subd (c) as amended effective May 6, 1985; adopted effective January 1, 1984.)
(d) [Attorneys' names, addresses, telephone numbers, State Bar numbers] Every brief and other paper filed in a reviewing court shall contain on the cover, or on the first page if there is no cover, the name, address, and telephone number of the attorney filing the paper, and the California State Bar membership number of that attorney and of every attorney who joins in the brief or paper. California State Bar membership numbers of the supervisors in a law firm or public law office of the attorney responsible for the case need not be stated.
Until July 1, 1994, a brief or other paper shall not be rejected for filing because the attorney's California State Bar membership number is missing, but it may be stricken if the attorney does not furnish the number promptly upon request by the clerk.
(Subd (d) adopted effective August 1, 1993.)
Rule 44 as amended effective July 1, 1996; previously amended effective January 1, 1984, May 6, 1985, July 1, 1987, January 1, 1993, August 1, 1993, January 1, 1994, and January 1, 1996.
Drafter's Notes
1983-Rule 44 was amended to specify the color of covers of briefs, writ petitions and similar documents. The specification of colors had previously appeared in an appendix to the California Rules of Court.
1989-Rule 44(b) was amended to adjust in light of current court needs the number of copies of briefs required to be filed (reducing some and increasing others slightly).
January 1993-The council adopted amendments to rules 9, 15, 44, 201, and 501 of the California Rules of Court, effective January 1, 1993, to: (1) expressly permit and encourage litigation documents, reporter's transcripts, and records on appeal to be on recycled paper, and (2) allow the use of unbleached paper.
August 1993-The Judicial Council of California has amended rules 15, 44, and 56 of the California Rules of Court to require that attorneys' California State Bar membership numbers appear on all appellate filings. The amendments were effective August 1, 1993, but court clerks are required to give attorneys an opportunity to correct papers filed without the bar number.
These amendments conform appellate practice to the requirement that California State Bar membership numbers appear on trial court filings. (Rules 201 and 501 as amended effective July 1, 1993.)
1994-New and amended California Rules of Court (new rules 989.1, 1071.5; amended rules 9, 40, 44, 201, 501) require the use of recycled paper for original papers filed in California courts after January 1, 1995, and for copies after January 1, 1996. The rules provide that an attorney, by the act of filing the document, certifies that recycled paper was used.
July 1996-Rules 15, 28(e)(6), 29.3(a), (c), 37, 40, and 44(a) . . . These rules were amended concerning typography and length of briefs and accompanying explanatory matter, and page limits adjustments.
Parties who file briefs with the Supreme Court or in a civil case with the Courts of Appeal will no longer be required to also file a copy with the Supreme Court on computer disk, under an amendment to California Rules of Court, rule 44. The amendment, adopted by the Judicial Council of California, takes effect July 1, 1996, and returns the rule to its pre-January 1, 1996, form.
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