California Rules of Court 8.204: Brief Format, Limits, and Compliance

California Rules of Court, rule 8.204 governs what an appellate brief must contain and how it must look when filed in the California Court of Appeal. It covers required sections, cover-page information, font and spacing, word and page limits, citation practice, and the consequences when a brief falls short. The rule applies directly to civil appeals and, through rule 8.360, to criminal appeals as well.

Required Contents in Order

Every brief opens with a table of contents and a table of authorities. The table of authorities must separately group cases, constitutions, statutes, court rules, and any other authorities cited.¹

An appellant’s opening brief must then include three sections in a set order. First, a statement of the case describing the lawsuit, what the trial court was asked to do, and the judgment or order being appealed. Second, a statement of appealability that either shows the judgment is final or explains why the order qualifies for appeal. Third, a statement of facts limited to what appears in the appellate record.¹

Every factual reference must include a citation to the specific volume and page number in the record.¹ In practice, that means pointing to the clerk’s transcript or reporter’s transcript with enough precision that a justice can open to the right page. Unsupported factual claims give the court reason to disregard the argument built on them.

The legal argument section must organize each point under a separate heading or subheading that summarizes the point, and each argument must be backed by citation to authority where possible.¹ The brief closes with a conclusion stating what relief the party wants.

Separately, rule 8.208 requires a Certificate of Interested Entities or Persons identifying anyone whose financial interest might trigger a justice’s disqualification analysis, including any known 10 percent or greater owner of an entity party. If nobody fits, the certificate says so.²

What Goes on the Cover

Rule 8.204(b)(10) requires the cover to state the title of the brief (for example, “Appellant’s Opening Brief”), the case title, both the trial court case number and the Court of Appeal case number, the name of the trial court and each participating judge, and which party each attorney on the brief represents. The cover also carries the information required by rule 8.40(b), including counsel’s name, address, telephone number, and State Bar number.¹

If you’re filing on paper, the cover color is assigned by rule 8.40(a): green for an appellant’s opening brief, yellow for a respondent’s brief, and tan for a reply brief.

Formatting Standards

Rule 8.204 sets precise typography requirements. The font may be any conventional typeface, but it must be at least 13-point, including in footnotes. Text must be at least one-and-a-half-spaced. Headings, footnotes, and block-indented quotations may be single-spaced.¹

Margins must be at least one-and-a-half inches on the left and right and at least one inch on the top and bottom. Lines of text must not be numbered, and both sides of the paper may be used. Paper briefs must be unbound unless a local rule or court order provides otherwise.¹

Word Count and Page Limits

A brief produced on a computer is capped at 14,000 words, including footnotes. A brief produced on a typewriter is capped at 50 pages instead. Petitions for rehearing and answers to those petitions are limited to 7,000 words or 25 pages.¹

A combined respondent’s brief and cross-appellant’s opening brief filed under rule 8.216 gets double the standard limits: 28,000 words on a computer, or 100 typewritten pages.¹

Several parts of the brief do not count against those limits: the tables of contents and authorities, the cover information, the Certificate of Interested Entities or Persons, the word-count certificate, any signature block, and any attachment permitted under the rule.¹ A party who needs more room may apply to the presiding justice on a showing of good cause.

Attachments

You can attach copies of exhibits or other materials that are part of the appellate record, together with copies of relevant regulations, out-of-state statutes, or similar citable materials that aren’t readily accessible. The combined attachments cannot exceed 10 pages unless the presiding justice permits more. An unpublished opinion you’re required to include under rule 8.1115(c) doesn’t count against the 10 pages.¹

Citation Format

Every legal argument must be supported by a citation to authority. Failing to cite supporting authority for a contention gives the court reason to treat the argument as forfeited. Cases are cited by name (italicized or underscored), volume, and page number; statutes by code name and section number.

The advisory committee comment to rule 8.204 encourages brief writers to follow the citation format of the California Style Manual and references rule 1.200 on citation format.¹ Whichever style you use, use it consistently. Switching formats mid-brief signals carelessness.

Word-Count Certificate and Signature

A computer-produced brief must include a certificate stating the number of words. The certificate comes from appellate counsel or, for a self-represented party, from the party filing the brief. You may rely on the word count reported by your word processor.¹

The brief itself does not need to be signed.¹ A proof of service still has to accompany the filing, but that requirement comes from the general appellate service rules rather than rule 8.204.

What Happens If a Brief Doesn’t Comply

Rule 8.204(e) sets out escalating consequences. The reviewing court clerk may decline to file a noncompliant brief, mark it “received but not filed,” and send it back, so it never enters the docket.¹

If the clerk does file the brief, the court can order it returned for corrections and refiling within a set deadline, strike it entirely with leave to file a new one, or disregard the noncompliance and move on. The court can act on its own or on a motion from the opposing party, without advance notice.¹

Adjacent Rules Rule 8.204 Doesn’t Cover

Rule 8.204 governs contents and format, not everything else about filing a brief. Three related rules commonly come up alongside it.

Criminal Appeals

Rule 8.204 sits in the civil appeals chapter, but rule 8.360 extends it to criminal cases, requiring briefs there to comply “as nearly as possible” with rules 8.200 and 8.204. The same formatting, word-count, content, and exclusion rules apply. Where rule 8.360 departs from 8.204, the criminal rule controls.³

Filing Deadlines

Rule 8.212, not 8.204, sets the deadline: the appellant must serve and file the opening brief within 40 days after the record is filed in the reviewing court, or 70 days after filing an election to proceed without a reporter’s transcript under rule 8.124. Parties can stipulate to extensions totaling up to 60 days before the brief is due.⁴

Confidential Material

If your brief needs to discuss material from a sealed or confidential record, rule 8.47 governs, not 8.204. You must file a motion or application to seal, plus two versions of the brief: a public redacted version and an unredacted version lodged under seal that identifies the confidential material and the authority establishing its confidentiality.⁵

1
Judicial Branch of California. Rule 8.204 Contents and Format of Briefs
2
Judicial Branch of California. Rule 8.208 Certificate of Interested Entities or Persons
3
Judicial Branch of California. Rule 8.360 Briefs by Parties and Amici Curiae
4
Judicial Branch of California. Rule 8.212 Service and Filing of Briefs
5
Judicial Branch of California. Rule 8.47 Confidential Records