A California Supreme Court petition for review must be served and filed within 10 days after the Court of Appeal’s decision becomes final, and it must fit one of four narrow grounds set out in Rule 8.500(b). Most petitions are denied. The ones that succeed identify a genuine conflict among the Courts of Appeal or a legal question important enough to justify statewide resolution, and they follow the formatting, length, and service rules exactly.
The 10-Day Filing Deadline
A petition for review must be served and filed within 10 days after the Court of Appeal’s decision becomes final in that court.1Judicial Branch of California. California Rules of Court 8.500 – Petition for Review For civil appeals, a Court of Appeal decision becomes final 30 days after it is filed.2Judicial Branch of California. Title 8 Appellate Rules – Rule 8.264
Put together, you have between 31 and 40 days from the date the Court of Appeal filed its opinion to get the petition served and filed. You can file during the initial 30-day finality period; you cannot file even one day late without special relief. If the deadline falls on a day the clerk’s office is closed, the deadline is not extended.
Relief From a Missed Deadline
The Chief Justice can permit a late filing on a showing of good cause, but only while the Supreme Court still has jurisdiction to order review. That jurisdictional window is limited, and once it closes, no showing of good cause will help.3California Courts Self Help Guide. Step 7 Petition for Review Obtaining this relief is considered extremely difficult, and the petitioner bears the burden of explaining the specific reason for the delay. Do not plan around it.
Grounds the Court Will Consider
The Supreme Court does not rehear cases because the losing side disagrees with the result. Rule 8.500(b) allows review on only four grounds, and your petition needs to fit squarely into at least one.1Judicial Branch of California. California Rules of Court 8.500 – Petition for Review
- To secure uniformity of decision or settle an important question of law. This is the most common basis. It covers conflicts between Courts of Appeal on the same legal issue and legal questions significant enough to warrant statewide resolution.
- The Court of Appeal lacked jurisdiction to hear the case.
- The Court of Appeal’s decision was not supported by the required majority of qualified justices.
- To transfer the case back to the Court of Appeal with instructions for further proceedings.
The first ground does the heavy lifting. A petition that reargues the facts or claims the Court of Appeal weighed the evidence incorrectly will almost certainly be denied. Show a real conflict between appellate districts, or a legal question with broad statewide impact, or the court has little reason to step in.
What the Petition Must Contain
Rule 8.504 sets the required contents. The petition opens with an “Issues Presented for Review” section that frames the legal questions concisely and non-argumentatively, tied to the facts of your case. It then explains why review should be granted, connecting the case to one or more of the Rule 8.500(b) grounds. That is where you make the case that the legal issue matters beyond your dispute.4Judicial Branch of California. California Rules of Court – Rule 8.504 Form and Contents of Petition, Answer, and Reply
The petition must also include a statement of the case and facts covering procedural history and factual background, and it must disclose whether you filed a petition for rehearing in the Court of Appeal and what happened to it. Attach a copy of the Court of Appeal’s opinion as an appendix.
If any party is a corporation, partnership, firm, or similar entity (other than a government agency), file a Certificate of Interested Entities or Persons on Form APP-008. The certificate identifies any entity with a 10 percent or greater ownership interest in a party, and any entity or person with a financial interest in the outcome that the justices should consider when evaluating disqualification.5California Courts. Certificate of Interested Entities or Persons Form APP-008
Length and Formatting
A computer-generated petition cannot exceed 8,400 words, including footnotes. The tables of contents, cover information, the attached Court of Appeal opinion, and the word-count certificate are excluded from that limit. Include a certificate stating the word count; you can rely on your word processor’s count.4Judicial Branch of California. California Rules of Court – Rule 8.504 Form and Contents of Petition, Answer, and Reply The petition’s cover must be white; an answer uses a blue cover. Both must comply with Rule 8.40’s general formatting requirements for appellate filings.6Supreme Court of California. Frequently Asked Questions
Fee, E-Filing, and Service
The filing fee is $600. If you cannot afford it, apply for a waiver on Form FW-016, which is specific to filings in the Court of Appeal or Supreme Court.7California Courts Self Help Guide. Order on Court Fee Waiver (Court of Appeal or Supreme Court)
If you are represented by an attorney, electronic filing through TrueFiling is mandatory. That requirement has been in effect since March 18, 2020. Self-represented litigants are exempt and may file electronically or on paper. Any party can move for an exception from the e-filing requirement.8Supreme Court of California. E-Filing
Before filing with the Supreme Court, serve a copy of the petition on every other party in the case. Service and filing both have to happen within the same 10-day window.
After You File
The opposing party can file an answer arguing that the court should decline review. The answer follows the same formatting rules and shares the same 8,400-word limit. You then have the opportunity to file a reply, limited to 4,200 words.4Judicial Branch of California. California Rules of Court – Rule 8.504 Form and Contents of Petition, Answer, and Reply
Non-parties can weigh in through an amicus curiae letter, not a brief. The letter must describe the writer’s interest, be served on all parties, and be sent to the Supreme Court. Filing an amicus letter at this stage does not carry over into permission to file a full amicus brief if review is later granted.1Judicial Branch of California. California Rules of Court 8.500 – Petition for Review
The court has 60 days from the date the last petition for review was filed to decide whether to take the case. It can extend that period, but not beyond 90 days from the same filing date. If the court does not rule within the allowed time, the petition is automatically deemed denied.9Judicial Branch of California. California Rules of Court Rule 8.512 – Ordering Review The internal review process is not public, and there is no oral argument at this stage.
Possible Outcomes
The vast majority of petitions are denied. When that happens, the Court of Appeal’s decision stands as the final word. A denial carries no implication about whether the Supreme Court agrees with the reasoning below; it means only that the court chose not to take the case.
If the court grants review, the case moves into full briefing and oral argument, and the Supreme Court eventually issues its own opinion superseding the Court of Appeal’s decision.
A grant and transfer is a third possibility: the court accepts the case but immediately sends it back to the Court of Appeal with instructions rather than hearing it.1Judicial Branch of California. California Rules of Court 8.500 – Petition for Review
A fourth option, used in related cases, is a grant and hold. The court grants review in your case but pauses briefing while it decides a separate “lead” case raising the same issue. Once the lead case is decided, the court will order briefing in your held case, send it back to the Court of Appeal for reconsideration in light of the lead opinion, or dismiss review. If review is dismissed, the original Court of Appeal decision controls.6Supreme Court of California. Frequently Asked Questions
What a Grant of Review Does to the Court of Appeal Opinion
This detail catches people off guard. When the Supreme Court grants review, the Court of Appeal’s published opinion does not remain binding law while the case is pending. Since July 2016, the opinion stays technically published but loses all binding or precedential authority. It can be cited only for “potentially persuasive value,” and any citation must note that review has been granted.10Judicial Branch of California. Rule 8.1115 Citation of Opinions
After the Supreme Court issues its decision, the Court of Appeal opinion regains binding effect, but only to the extent it is consistent with the Supreme Court’s ruling. Any portion the Supreme Court disapproves or contradicts is no longer good law. The Supreme Court can also issue a separate order during or after review declaring that all or part of the Court of Appeal opinion is not citable or has a different precedential effect than the default rules provide.