San Diego, CA asked in Landlord - Tenant for California

Q: I thought that The California Rule of Court for this issue is 8.220(d).Does CRC 8.220(d) figure in as an application?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: CRC 8.220 discusses what happens when an Appellant fails to file his/her opening brief in the time period set by the Court of Appeal, the CRC, local rule and statute. One of those options is to request an extension of time to file, once notified of the default by the Court. The time period is very short- 15 days from notice, so act quickly.

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California Rules of Court Rule 8.220(d), a party can apply for relief from default for failing to file a brief on time. This rule allows a party to request additional time to submit their brief if they can show good cause for the delay. This is typically done through a formal application to the court.

When preparing your application under CRC 8.220(d), you should explain the reasons for your delay in filing the brief. Good cause may include factors such as the complexity and number of issues in the case, personal or professional circumstances that affected your ability to file on time, or other unforeseen events. Be sure to provide a detailed and honest explanation to support your request.

In addition to explaining the reasons for the delay, you must also address how the delay has impacted the overall case. If you believe you would be prejudiced without the extension, clearly articulate these points. Explain how the extension will allow you to adequately prepare your brief, ensuring that all relevant issues are thoroughly addressed and that the appeal is conducted fairly.

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