Los Angeles, CA asked in Appeals / Appellate Law for California

Q: What rule defines

What rule defines that appeal documents can be filed with court of appeals by mailing documents?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, Rule 8.25(b)(3) of the California Rules of Court governs mail filing for appellate documents. This rule specifically allows documents to be filed by mail and considers them timely if deposited in a mail facility, post office, or mailbox before the close of business on the last day for filing.

The "mailbox rule" further states that the filing is deemed complete at the time of deposit with the United States Postal Service with first-class postage fully prepaid. The date of the postmark serves as proof of the filing date, making it crucial to obtain proper proof of mailing and keep records of your submission.

For proper compliance, you must include proof of service by mail along with your filed documents. You should also consider adding an extra day or two to ensure delivery, even though the postmark date is what matters. Remember that some urgent filings might be better handled through other methods, as mail delivery times can vary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.