California Form APP-008 is the Application for Extension of Time to File Brief (Court of Appeal) that any party in a civil appeal files with the Court of Appeal clerk to ask for more time to serve and file an opening, respondent’s, or reply brief. The form sits at the intersection of California Rule of Court 8.212(b), which caps stipulated extensions at 60 days, and Rule 8.220, which lets the court dismiss your appeal if you miss a brief deadline.
The current version carries a Rev. January 1, 2017 revision date in the bottom-left corner of the form, and the Judicial Council reports that more than 11,000 civil appellate briefs are filed each year in California, with extension requests filed in roughly 6 out of every 10 of those appeals. That volume means clerks reject sloppy APP-008s every single day, and a rejected APP-008 can cost you your appeal.
This guide walks you through every box, line, and signature block on APP-008 in plain English. You’ll learn:
- 📝 How to fill out every field on APP-008 line by line, with sample entries you can copy
- ⏰ How to count extension days correctly under Rule 8.212(b) so the clerk doesn’t bounce your form
- 💻 How to e-file through TrueFiling, mail, or hand-deliver to the clerk’s office
- ⚠️ The 10 most common mistakes that get APP-008 applications denied and how to avoid them
- 💬 Field-level FAQs that answer the questions filers actually ask the clerk’s office
What APP-008 Is and Who Must File It
Form APP-008 is an Application for Extension of Time to File Brief used in California Courts of Appeal for civil cases, including family law, probate, and most writ proceedings. The form is published by the Judicial Council of California under Rule 8.50, which governs all applications in the appellate courts, and it is the standard vehicle for asking the Presiding Justice to push back a brief due date.
The form is filed by the party whose brief is due. That includes the appellant for the opening brief, the respondent for the respondent’s brief, and the appellant again for the reply brief. Attorneys file APP-008 on behalf of their clients, but self-represented (pro se) parties file the same form for themselves. Cross-appellants use the same form when their cross-opening or cross-reply brief is due.
You must file APP-008 if you cannot serve and file your brief by the current due date and you have already used (or do not have) a stipulated extension under Rule 8.212(b)(1). Stipulated extensions are limited to a combined 60 days across all parties; once that 60-day pool is exhausted, only the court can grant more time, and only through APP-008. Criminal appellants do not use APP-008; they use APP-006 instead.
The agency that receives the form is the Court of Appeal clerk for the district where your appeal is pending. California has six appellate districts, and the 1st, 2nd, 3rd, 4th (Divisions 1, 2, and 3), 5th, and 6th Districts each have local notices that flesh out how aggressively their Presiding Justices grant extensions.
Before You Start: Documents and Information You Need
APP-008 looks short, but the clerk will reject it if even one identifier is missing. The form cross-references the Court of Appeal docket, the trial court record, and the proof of service, so gather everything before you open the PDF. The Judicial Council’s 2024 Court Statistics Report shows that nearly 18% of appellate filings are returned for clerical defects, and missing case numbers top that list.
Pull together the following pre-filing checklist before you start typing:
- Court of Appeal case number. Without this, the clerk cannot match your APP-008 to the correct docket, and the application will be rejected the same day.
- Superior court case number. The court uses this to confirm jurisdiction and to verify the underlying judgment; an incorrect number can route your application to the wrong file.
- Full case caption. This must match the caption on the notice of appeal exactly, because any variance triggers a clerk’s “non-conforming” stamp.
- Current brief due date. You must know the exact day your brief is due to calculate the new requested date; guessing here is the single most common reason extensions are denied.
- Number of prior extensions. The court counts both stipulated (Rule 8.212(b)(1)) and prior court-ordered extensions; failing to disclose them is treated as a misrepresentation.
- Reason (good cause) for the extension. Have the facts written out: trial conflict, illness, record correction, settlement talks, or workload, with dates and details ready.
- Counsel’s State Bar number (or pro se contact info). The State Bar number is required on every Judicial Council form filed by an attorney under Rule 2.111(1).
- Service list of all other parties. APP-008 cannot be filed without a completed proof of service showing every party was served on the same day.
- Filing fee, if any. Some districts charge a $10 clerk fee for paper filings; e-filings through TrueFiling have no court fee but may carry a vendor fee.
- A clean PDF copy of the form. Always pull a fresh copy from courts.ca.gov so you have the current Rev. 1/1/2017 version, not an outdated 2007 PDF saved to your desktop.
If any one of these items is missing, stop and gather it. Filing APP-008 incomplete almost always burns a day or two of your remaining time, and that delay can push you past the original brief deadline before the court even rules.
Where to Get the Form and How to Access It
The official APP-008 lives on the Judicial Council’s forms page at courts.ca.gov/forms. Use the search box and filter by “APP” or by “Appellate” to find the current Rev. January 1, 2017 PDF. The form is fillable directly in any modern browser or in Adobe Acrobat Reader, and it is free to download.
You can also access APP-008 through your TrueFiling account if you are a registered e-filer; TrueFiling auto-populates the case caption, case number, and your contact block from your profile, which prevents the most common clerical errors. Pro se parties can register for a free TrueFiling account, although some districts still permit paper filing for self-represented litigants.
If you cannot download the PDF, every Court of Appeal clerk’s office keeps paper copies of APP-008 at the public counter. Self-help centers in superior courts also stock the form for pro se filers, and many county law libraries print it on request. The form is not available at the trial court clerk’s office for filing purposes, because APP-008 is filed only in the Court of Appeal.
Check the revision date in the bottom-left corner before you start typing. The clerk will reject any APP-008 that uses an outdated revision (the 2007 version is still floating around the internet), and the rejection letter will eat 3–5 days of your remaining brief time.
Step-by-Step: How to Fill Out APP-008 Line by Line
APP-008 is a single page divided into a caption block, seven numbered items, a signature block, and an attached Order at the bottom. Fill the form out in the order the boxes appear, top to bottom, left to right.
Caption Box: Attorney or Party Without Attorney
What this box asks in plain English. This is the top-left box where you list who is filing the application — either the attorney of record or the self-represented party.
How to answer it. Type your full name, State Bar number (if any), firm name, mailing address, telephone number, fax (optional), and email. Use ALL CAPS for the name as is standard on Judicial Council forms, and follow the MM/DD/YYYY format anywhere a date is needed.
Specific example. MARIA LOPEZ, SBN 234567, LOPEZ APPELLATE LAW, 100 Main St., Suite 200, San Diego, CA 92101, (619) 555-0142, maria@lopezappeals.com.
Nuance or edge case. If you are pro se, leave the State Bar line blank and write “In Pro Per” in the firm-name slot; do not invent a bar number, and do not leave the firm-name line empty.
Common mistake and consequence. Filers often paste their old firm address after switching firms, which causes the court’s notices to go to the wrong office and can cause you to miss a ruling on your own extension.
Misconception. Many filers think the email address is optional; it is effectively mandatory because the Court of Appeal serves orders electronically under Rule 8.71, and missing email means missed orders.
Caption Box: Court of Appeal District and Division
Plain English. This tells the court which appellate district and division your appeal is pending in.
How to answer it. Check the correct district box (e.g., Fourth Appellate District, Division One). Match it exactly to your notice of appeal.
Example. Maria Lopez checks “Fourth Appellate District, Division One” because her appeal was filed in San Diego Superior Court and routed to the 4th District.
Edge case. If your case was transferred between divisions, use the current division of record, not the original one.
Mistake and consequence. Listing the wrong district causes the form to be docketed in the wrong court’s queue, which can delay the ruling by weeks.
Misconception. Filers often think the trial court’s county determines the division automatically; in the 2nd and 4th Districts, divisions are assigned by the court’s own intake rules under Rule 10.1000.
Caption Box: Court of Appeal Case Number and Superior Court Case Number
Plain English. Two separate numbers identify your appeal: the Court of Appeal docket number (e.g., D082345) and the underlying superior court case number.
How to answer it. Enter both numbers exactly as they appear on the notice of appeal acknowledgment from the Court of Appeal clerk.
Example. Maria writes Court of Appeal Case No. D082345 and Superior Court Case No. 37-2023-00012345-CU-BC-CTL.
Edge case. If your appeal was just filed and the Court of Appeal has not yet issued a docket number, wait for that number before filing APP-008; do not write “pending.”
Mistake and consequence. Transposing digits is the single most common APP-008 error and causes the clerk to reject the form within 24 hours.
Misconception. Filers think one number is enough; both are required because the court cross-checks them against the trial record.
Caption Box: Case Name
Plain English. This is the short caption of the case, e.g., Lopez v. Garcia.
How to answer it. Use the same case name as on the notice of appeal, including et al. if there are multiple parties.
Example. Maria types Lopez v. Garcia, et al.
Edge case. Sealed or confidential cases (such as juvenile dependency under Rule 8.401) use initials only; never use full names in those matters.
Mistake and consequence. Adding new party names or dropping one causes a “non-conforming caption” rejection.
Misconception. Filers think they can shorten the caption to save space; the clerk requires it to match the notice of appeal verbatim.
Item 1: Identification of the Brief
Plain English. Item 1 asks which brief you need more time to file: appellant’s opening, respondent’s, appellant’s reply, or another specified brief.
How to answer it. Check the single box that fits, or check “other” and write the brief type (e.g., cross-appellant’s reply brief).
Example. Carlos Tran, counsel for appellant, checks “Appellant’s Opening Brief” because his client’s AOB is due May 15, 2026.
Edge case. Amicus curiae briefs are not extended through APP-008; amici use a separate application under Rule 8.200(c).
Mistake and consequence. Checking two boxes (e.g., both “opening” and “reply”) triggers a rejection because the clerk cannot tell which brief the order should govern.
Misconception. Filers think one APP-008 covers all future briefs; each brief needs its own application.
Item 2: Current Due Date and Requested New Due Date
Plain English. Item 2 asks for the exact day your brief is currently due, and the exact day you are asking the court to change it to.
How to answer it. Write both dates in MM/DD/YYYY format. Count days under Rule 8.25 (the appellate counting rule), and remember that if the new date falls on a weekend or court holiday, it rolls to the next court day.
Example. Carlos enters Current Due Date: 05/15/2026 and Requested New Due Date: 06/15/2026 because he wants 31 extra days.
Edge case. If your brief is already late, do not put a past date in the “requested new” line; you must request a date in the future and explain the lateness in Item 6.
Mistake and consequence. Writing a Saturday as the new due date causes the clerk to insert the next Monday by hand, which can shorten your effective time.
Misconception. Filers think they can request “open-ended” extensions; the court will not grant a request without a specific calendar date.
Item 3: Prior Extensions Disclosed
Plain English. Item 3 asks how many days of extension you have already received, broken down between stipulated extensions under Rule 8.212(b)(1) and court-ordered extensions on prior APP-008s.
How to answer it. Enter the total stipulated days (max 60 combined) and the total court-ordered days. Be exact; the court verifies these numbers against its own docket.
Example. Janet Park writes “Stipulated: 60 days; Court-ordered: 30 days” because her firm filed a 60-day stipulation in February and one prior APP-008 in April.
Edge case. If you used part of the 60-day stipulation but not all of it, you cannot tap the rest after filing an APP-008; the court treats the stipulation pool as closed.
Mistake and consequence. Underreporting prior extensions is treated as a misrepresentation under Rule 8.50 and can lead to the application being denied outright.
Misconception. Filers think stipulated and court-ordered extensions are interchangeable; they are tracked separately and weighted differently by the Presiding Justice.
Item 4: Length of Requested Extension
Plain English. Item 4 asks how many days of new extension you want, expressed as a single number.
How to answer it. Enter the day count (e.g., 30 days) and confirm it matches the math between the current and requested due dates in Item 2.
Example. Aisha Bell, a pro se respondent, writes “30 days” because her current due date is March 1 and she’s asking for March 31.
Edge case. Requests over 60 days are rarely granted on a first APP-008 and almost never on a second; keep your ask realistic.
Mistake and consequence. Writing a number that doesn’t match the dates in Item 2 (e.g., “30 days” but a 45-day calendar gap) causes the clerk to flag arithmetic and may delay the order.
Misconception. Filers think bigger asks signal seriousness; the court reads them as a lack of diligence.
Item 5: Status of the Record
Plain English. Item 5 asks whether the appellate record (Clerk’s Transcript and Reporter’s Transcript) is complete and filed.
How to answer it. Check “the record is complete” or “the record is not complete” and explain in Item 6 if it is not.
Example. Marcus Reed checks “the record is not complete” because the reporter’s transcript was due April 1 and is still outstanding.
Edge case. If the record was just augmented under Rule 8.155, say so; augmentation is one of the strongest grounds for an extension.
Mistake and consequence. Saying the record is complete when it is not undermines your good-cause showing for every later request.
Misconception. Filers think record status is a formality; it is the single biggest factor the Presiding Justice weighs.
Item 6: Good Cause Statement
Plain English. Item 6 is the heart of APP-008: a written explanation of why you need more time.
How to answer it. Be specific. List trial conflicts with case names and dates, illnesses with general dates, settlement talks, record problems, or workload with concrete numbers (e.g., “counsel has 4 appellate briefs due in May 2026”).
Example. Maria writes: “Counsel is lead trial attorney in Smith v. Acme, set for jury trial 05/05/2026 through 05/22/2026 in San Diego Superior Court Dept. 65, leaving inadequate time to draft the opening brief by 05/15/2026.”
Edge case. Attach a sworn declaration if your reason is medical, personal, or factually disputed; bare statements are weaker than declarations under penalty of perjury.
Mistake and consequence. Vague phrases like “counsel is busy” or “more time is needed” almost always draw a denial because they don’t show diligence.
Misconception. Filers think the court reads good cause loosely; under Rule 8.50(c), good cause is a real standard and bare requests are denied routinely.
Item 7: Other Information
Plain English. Item 7 is a catch-all box for anything else the court needs to know — pending settlement, mediation, related appeals, or stipulations of opposing counsel.
How to answer it. State whether opposing counsel was contacted and whether they oppose the request; this is not required but it is heavily favored by the court.
Example. Carlos writes: “Counsel for respondent, Jane Doe, Esq. (SBN 111222), was contacted on 05/01/2026 and does not oppose this request.”
Edge case. If you could not reach opposing counsel, say so and describe your efforts (date and method of contact).
Mistake and consequence. Leaving Item 7 blank when opposing counsel does not oppose wastes a strong argument and can tilt the ruling against you.
Misconception. Filers think non-opposition is automatic approval; it is influential but not binding.
Signature Block
Plain English. Sign and date the form under penalty of perjury under California law.
How to answer it. Type or write your name, sign with a wet signature or /s/ electronic signature for TrueFiling, and add the date and city of signing.
Example. Maria signs /s/ Maria Lopez, San Diego, California, 05/02/2026.
Edge case. Pro se parties sign in their own name; attorneys sign on behalf of their client and add “Attorney for Appellant” beneath the signature.
Mistake and consequence. An unsigned APP-008 is treated as not filed and is rejected at intake.
Misconception. Filers think initials are enough; the form requires a full signature.
Proposed Order
Plain English. The bottom of APP-008 contains a proposed Order the Presiding Justice signs to grant or deny the request.
How to answer it. Fill in the case caption again, the new due date you are requesting, and leave the judge’s signature line blank.
Example. Carlos types “IT IS ORDERED that Appellant’s Opening Brief is now due 06/15/2026” and leaves the signature line blank for the Presiding Justice.
Edge case. Some districts have moved to a separate electronic order; if your district sends back a stamped order, your proposed order may be ignored.
Mistake and consequence. Filling in the judge’s signature line is treated as tampering and triggers an immediate rejection.
Misconception. Filers think the proposed order is optional; it is required by the form’s own structure.
Three Filled-Out Examples Using Real Scenarios
The following three scenarios show how three different filers — a private attorney, a pro se respondent, and a reply-brief appellant — fill out APP-008 from caption to signature. Each scenario is illustrative; substitute your own facts.
Scenario 1: Maria Lopez, Appellant’s Opening Brief, 30-Day Request
| Form Section | What Maria Enters |
|---|---|
| Attorney/Party Box | MARIA LOPEZ, SBN 234567, Lopez Appellate Law, 100 Main St., Suite 200, San Diego, CA 92101, (619) 555-0142, maria@lopezappeals.com |
| District/Division | Fourth Appellate District, Division One |
| Case Numbers | Court of Appeal No. D082345; Superior Court No. 37-2023-00012345-CU-BC-CTL |
| Case Name | Lopez v. Garcia |
| Item 1 (Brief) | Appellant’s Opening Brief |
| Item 2 (Dates) | Current: 05/15/2026; Requested: 06/15/2026 |
| Item 3 (Prior) | Stipulated: 30 days; Court-ordered: 0 days |
| Item 6 (Good Cause) | Lead trial counsel in Smith v. Acme, jury trial 05/05–05/22/2026 |
| Signature | /s/ Maria Lopez, 05/02/2026, San Diego, CA |
Scenario 2: Aisha Bell, Pro Se Respondent’s Brief, 30-Day Request
| Form Section | What Aisha Enters |
|---|---|
| Attorney/Party Box | AISHA BELL, In Pro Per, 1422 Oak Ave., Oakland, CA 94601, (510) 555-0177, aisha.bell@email.com |
| District/Division | First Appellate District, Division Two |
| Case Numbers | Court of Appeal No. A167890; Superior Court No. RG21099887 |
| Case Name | Bell v. Sunrise Property Management |
| Item 1 (Brief) | Respondent’s Brief |
| Item 2 (Dates) | Current: 03/01/2026; Requested: 03/31/2026 |
| Item 3 (Prior) | Stipulated: 0 days; Court-ordered: 0 days |
| Item 6 (Good Cause) | Pro se respondent recovering from outpatient surgery 02/10/2026; medical declaration attached |
| Signature | /s/ Aisha Bell, 02/20/2026, Oakland, CA |
Scenario 3: Carlos Tran, Appellant’s Reply Brief, 14-Day Second Extension
| Form Section | What Carlos Enters |
|---|---|
| Attorney/Party Box | CARLOS TRAN, SBN 312456, Tran & Associates, 555 W. 5th St., Los Angeles, CA 90013, (213) 555-0190, ctran@tranlaw.com |
| District/Division | Second Appellate District, Division Three |
| Case Numbers | Court of Appeal No. B315678; Superior Court No. 22STCV04567 |
| Case Name | Tran v. Pacific Holdings |
| Item 1 (Brief) | Appellant’s Reply Brief |
| Item 2 (Dates) | Current: 04/20/2026; Requested: 05/04/2026 |
| Item 3 (Prior) | Stipulated: 30 days; Court-ordered: 30 days |
| Item 6 (Good Cause) | Client medical emergency 04/12/2026; declaration of counsel attached |
| Signature | /s/ Carlos Tran, 04/15/2026, Los Angeles, CA |
Other named filers worth noting: Janet Park, an appellate paralegal who tracks 60-day stipulation pools for her firm’s three pending appeals; and Marcus Reed, an appellant whose reporter’s transcript was 90 days late and whose APP-008 cited record-augmentation as good cause under Rule 8.155.
How to File the Completed APP-008
APP-008 can be filed three ways: electronically through TrueFiling, by U.S. mail, or in person at the Court of Appeal clerk’s office. Most California Courts of Appeal now require attorneys to e-file under Rule 8.71; pro se parties can usually still file on paper.
Electronic filing through TrueFiling. Log in at truefiling.com, select your case, upload the completed APP-008 PDF and proof of service, choose document type “Application for Extension,” and submit. There is no court fee for the application itself, but TrueFiling charges a vendor fee per filing (around $7–$9). You’ll receive an electronic file-stamp by email within minutes; save it as your proof of filing. Processing time is typically 1–3 court days for the Presiding Justice’s order.
Filing by mail. Address paper filings to the Court of Appeal clerk for your district — for example, Clerk, California Court of Appeal, Fourth Appellate District, Division One, 750 B Street, Suite 300, San Diego, CA 92101. Mail one original plus the proof of service; you do not need extra copies for the court but you must serve every other party. There is no filing fee for APP-008 in most districts; a few clerks charge $10 for paper filings. Use certified mail with return receipt for proof of filing. Processing time is 3–7 court days.
In-person filing. Hand-deliver to the public counter at the Court of Appeal clerk’s office during business hours (typically 8:30 a.m. to 4:00 p.m.). Bring two copies — one filed-stamped copy is returned to you as your proof of filing. Payment, if any, is by check, money order, or credit card depending on the district.
Whatever channel you choose, always keep your file-stamped copy and the proof of service, because if your application is later challenged you must show exactly when it was filed.
What Happens After You File
Once APP-008 is docketed, the Presiding Justice (or a designated justice) reviews the application and issues a written order granting, modifying, or denying the request. Most rulings come within 1–5 court days, although heavy-volume districts like the 2nd District in Los Angeles can take longer.
If granted, the order will state the new due date for the brief and may include conditions such as “no further extensions absent extraordinary cause.” Calendar that new date immediately; the order is your only protection against a Rule 8.220 default. If denied, the original due date stands, and you must either file the brief by that date or face dismissal of the appeal under Rule 8.220(a).
Service of the order is electronic for represented parties under Rule 8.71 and by mail for pro se parties who have not registered for TrueFiling. Watch your spam folder; many denial orders sit unread because TrueFiling notices land in junk mail.
A denial is not appealable, but you may file a renewed APP-008 if new facts arise (e.g., a sudden illness or an order augmenting the record). Renewed applications must explain why the new facts justify a different result; refiling without new facts is typically denied within hours.
Mistakes to Avoid When Filling Out APP-008
The Court of Appeal clerks reject hundreds of APP-008 applications every month for avoidable mistakes. Watch for the following:
- Wrong revision date. Using the 2007 PDF causes immediate rejection because the clerk cross-checks the bottom-left revision stamp.
- Transposed case numbers. Swapping digits in the appellate or superior court number routes the form to the wrong docket and stalls the ruling.
- Missing State Bar number. Attorneys who omit their SBN violate Rule 2.111(1) and the form is returned.
- Vague good-cause statement. “Counsel is busy” draws denial because it shows no diligence.
- Underreported prior extensions. Treated as a misrepresentation under Rule 8.50 and grounds for denial.
- Past requested due date. Asking the court to retroactively extend a date already passed without explaining the lateness in Item 6 leads to denial.
- Weekend or holiday due date. The clerk will hand-correct it, but it can shorten your effective time.
- No proof of service. APP-008 cannot be filed without service on every other party.
- Unsigned form. An unsigned application is treated as not filed.
- Filling in the judge’s signature line. Treated as tampering and triggers immediate rejection.
- Wrong district or division. Sends the form to the wrong court and delays the ruling.
- Filing in the trial court. APP-008 is only filed in the Court of Appeal; trial courts will refuse it.
Do’s and Don’ts
Do’s
- Do download a fresh PDF from courts.ca.gov every time, because the version you saved last year may be outdated.
- Do contact opposing counsel before filing, because non-opposition tilts the ruling in your favor.
- Do attach a declaration when your good cause is medical or personal, because sworn statements weigh more than bare assertions.
- Do double-check both case numbers, because transposed digits are the #1 rejection reason.
- Do calendar the new due date the moment the order arrives, because missing it triggers Rule 8.220 dismissal.
- Do file as early as possible, because last-minute APP-008s often arrive after the brief is already late.
Don’ts
- Don’t request open-ended extensions, because the court will not grant a request without a specific calendar date.
- Don’t underreport prior extensions, because the court verifies the count against its own docket.
- Don’t use vague good-cause language, because vague reasons draw denials.
- Don’t forget the proof of service, because the clerk treats unserved applications as not filed.
- Don’t sign for a client without a power of attorney, because attorneys sign in their own name as counsel, not as the client.
- Don’t file APP-008 in the trial court, because only the Court of Appeal has jurisdiction over briefing schedules.
Pros and Cons of Filing APP-008 on Your Own vs. With Help
Pros of filing APP-008 yourself
- It saves attorney’s fees, which matters because appellate counsel typically charges $300–$700 per hour.
- It is a relatively simple form, because the line-by-line walkthrough above covers every box.
- You control the timing, because you don’t wait for counsel’s calendar.
- It builds familiarity with appellate practice, because you’ll learn how briefing schedules work.
- You preserve your right to associate counsel later, because filing one APP-008 pro se does not lock you out of hiring an attorney.
Cons of filing APP-008 yourself
- You may miss the good-cause standard, because Rule 8.50(c) is more rigorous than it looks.
- You may miscount prior extensions, because stipulated and court-ordered extensions are tracked separately.
- You risk a non-conforming caption, because matching the notice of appeal exactly is harder than it sounds.
- You may underuse non-opposition leverage, because pro se filers often skip the opposing-counsel call.
- A denied APP-008 with a brief due tomorrow can functionally end the appeal, because Rule 8.220 dismissal is hard to reverse.
APP-008 Paper Filing vs. TrueFiling E-Filing
| Filing Channel | What to Know |
|---|---|
| Paper (mail or in person) | No court fee in most districts; 3–7 court day processing; certified mail recommended; pro se friendly |
| TrueFiling e-filing | Vendor fee ~$7–$9; 1–3 court day processing; mandatory for represented parties under Rule 8.71; instant file stamp |
FAQs
Do I need to use APP-008 if I already filed a stipulation under Rule 8.212(b)?
No. A stipulation under Rule 8.212(b)(1) covers the first 60 days combined; APP-008 is only required after that pool is exhausted or unavailable.
Can pro se parties file APP-008?
Yes. Self-represented parties use the same APP-008 form, write “In Pro Per” in the firm-name slot, and leave the State Bar number line blank.
Is there a filing fee?
No. Most California Courts of Appeal charge no fee for APP-008; a few districts charge $10 for paper filings, and TrueFiling charges a small vendor fee.
How many extensions can I get?
No. There is no fixed limit, but the Presiding Justice’s tolerance drops sharply after the first court-ordered extension under Rule 8.50(c).
Do I write my full legal name or my firm name in the top-left box?
Yes. Write your full legal name in ALL CAPS first, then your firm name on the next line; both are required for attorneys.
Should I check both “Appellant’s Opening Brief” and “Reply Brief” in Item 1 if I want to extend both?
No. Each brief needs its own APP-008; checking two boxes triggers a clerk rejection.
Can I write “TBD” in the requested new due date in Item 2?
No. The court will not act on an open-ended request; you must provide a specific MM/DD/YYYY date.
Do I count stipulated extensions in Item 3 even if they were filed before I became counsel?
Yes. Item 3 covers all prior extensions in the case, regardless of which attorney filed them, because the court tracks the case docket, not the lawyer.
Is opposing counsel’s non-opposition required?
No. It is not required, but stating non-opposition in Item 7 is one of the strongest factors favoring approval.
Can I file APP-008 after my brief is already late?
Yes. You can, but you must explain the lateness in Item 6 and request a future date; the court may still grant relief but typically with a stern warning.
Do I file APP-008 in the trial court or the Court of Appeal?
No. APP-008 is filed only in the Court of Appeal for the district where your appeal is pending; trial courts have no jurisdiction over appellate briefing.
Does APP-008 work in criminal appeals?
No. Criminal appellants use Form APP-006 instead; APP-008 is for civil cases only.
What happens if my APP-008 is denied?
No. A denial is not appealable, but you can file a renewed APP-008 if new facts emerge, and you must file the brief by the original due date or face dismissal under Rule 8.220.
Do I need to attach a declaration?
No. A declaration is not always required, but for medical, personal, or disputed factual reasons, a sworn declaration under penalty of perjury greatly strengthens your good-cause showing.
Related reading
- How to Fill Out California Form APP-002 (w/Examples) + FAQs
- How to Fill Out California Form APP-003 (w/Examples) + FAQs
- How to Fill Out California Form APP-004 (w/Examples) + FAQs
- How to Fill Out California Form APP-005 (w/Examples) + FAQs
- How to Fill Out California Form APP-006 (w/Examples) + FAQs
- How to Fill Out California Form APP-009 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs