Step 7: Petition for review

When to file a petition for review

A party must file a petition for review within 10 calendar days after the Court of Appeal decision becomes final. Generally, this means you have 30 days after the Court of Appeal files a decision.

• In most cases, the 10-day period to file the petition starts on the 31st day after the Court of Appeal files its decision.
• This deadline is strict and is not extended for days when the court is closed, including holidays and weekends.

Court hours

The California Supreme Court is open Monday through Friday, from 9 a.m. to 5 p.m., except on court holidays. Check the Supreme Court calendar for specific dates.

Serving the petition

The petition for review must be served to all parties involved in the case, the trial court, and the Court of Appeal before it is filed in the California Supreme Court.

Deadline for filing

The deadline to file a petition for review is strict, and there are typically no extensions allowed.

• In rare cases, the Chief Justice may permit a party to file a petition for review after the deadline. This can happen if the party has good cause and if it is still within the time the Supreme Court can order a review of the Court of Appeal’s decision (normally within 30 days after the Court of Appeal’s decision becomes final).

Filing before the decision is final

A party is allowed to file a petition for review after the Court of Appeal issues an opinion but before the decision becomes final (which is 30 days later). In this situation, the clerk of the California Supreme Court will accept and hold the petition for review, filing it on the day after the Court of Appeal decision becomes final.

Cost of a petition for review

There is a $710 court cost to file a petition for review in civil cases.

Reasons why a party can petition for review

A petition for review is a way for a party who lost the appeal to challenge the Court of Appeal’s decision. While any Court of Appeal decision can be challenged with a petition for review, it's important to note that review by the California Supreme Court is extremely rare. A party should consider filing a petition for review only if they believe their case will:

• Settle an important question of law.
• Ensure that decisions in California courts are consistent and uniform. This means the courts aim to make similar decisions in similar cases.

Important considerations

• A party may file a petition for review without first filing a petition for rehearing. However, if they do this, the California Supreme Court will accept the Court of Appeal’s statements about the issues and facts as correct. This means the party cannot challenge these statements in the Supreme Court if they did not raise them in a petition for rehearing with the Court of Appeal.
• The California Supreme Court typically will not consider any issues that the party petitioning for review did not raise in the Court of Appeal.

A petition for review is not an opportunity to challenge a decision simply because you disagree with it. The court is looking for significant legal questions or inconsistencies in the law rather than personal dissatisfaction with the outcome.

Reasons why the California Supreme Court reviews a case

The California Supreme Court is not required to hear all cases filed with it. In fact, the court chooses to hear only about 3% of cases that petition for review. Here are some common reasons the court may decide to review a decision:

• Issues of first impression: The case presents issues that have never been addressed by the courts before.
• Substantial impact: The case has a significant impact on the citizens of California.
• Disagreement among Courts of Appeal: The Courts of Appeal do not agree on the decision, leading to conflicting rulings.

Elective review by the California Supreme Court

While it is rare, the California Supreme Court can select a case for review even if no parties file a petition for review. The court has the legal authority to do this and generally can order an elective review within 30 days after the Court of Appeal files its opinion.

The court has strict rules about attachments to a petition for review. You should only include items that are permitted by the rules.

Required attachments:

• A copy of the Court of Appeal order or opinion that is the subject of the petition.
• Any order modifying or changing the court’s opinion.
• An order for publication of the opinion.

Optional attachments (not to exceed 10 pages combined):

• Exhibits or orders from the trial court or Court of Appeal that are especially significant to the case.
• Copies of relevant local, state, or federal regulations or rules, out-of-state statutes, or similar legal authorities that are not easily accessible to the justices.

Note: Attachments should be placed after the petition for review document and before the proof of service.

Serving a petition for review

You must serve a copy of the petition for review to all parties involved in the case, the trial court, and the Court of Appeal before filing the petition in the California Supreme Court.

Additional service requirements

• You may also be required to serve the petition on a public officer or agency that is not a party to the case, or on the California Attorney General.
• For example, if your petition argues that a California statute is unconstitutional, you must serve a copy of the petition on the Attorney General.

Proof of service

• If there are issues with the proof of service filed in the Supreme Court, the court will provide the party with 5 days to file a corrected proof of service.
• If the party fails to file the corrected proof of service, the Supreme Court may dismiss the petition.

Special filing instructions for a petition for review

Paper copies requirement

The Rules of Court require a party who files a petition for review to provide the California Supreme Court with paper copies of the petition, even if they electronically file (e-file). Currently, the Supreme Court does not require the petitioning party to submit all the paper copies typically required by the rules.

• If filing on paper: The party must submit one original petition for review plus 13 copies. However, at this time, you only need to submit the original petition to the court clerk.
• If filing electronically: The party must provide 8 paper copies of the petition. Currently, the Supreme Court does not require additional paper copies.

Where to file the petition for review

The petition for review can be filed at the California Supreme Court in San Francisco.

What the parties do during petition for review

Responses from opposing parties

The opposing parties can choose to file a response to the petition for review, but they are not required to do so. The California Supreme Court typically will not ask other parties for information until it agrees to review the case.

Filing an answer to oppose the petition for review

Any party who opposes the review can file an answer (also called a response) to the petition. This answer provides an opportunity for the opposing party to raise additional issues for the court to consider.

Deadlines and requirements for filing an answer:

• The deadline to serve and file an answer in the California Supreme Court is 20 days after the petition for review is filed.
• The cover page must include general information about the parties (like contact information) and the appeal (like the case number).

Rules about length:

• If written on a computer: The answer must be 8,400 words or less and must include a certificate stating the number of words in the document. The person certifying the count may rely on the word count of the computer program used to prepare the document.
• If written on a typewriter: The answer must be 30 pages or less.

The answer must follow the same formatting, service, and filing requirements as the petition for review.

What to write in the answer

An answer that raises additional issues for review must contain:

• A statement of the issues and how they relate to the case.
• A concise, non-argumentative statement of those issues, framed in terms of the case's facts but without unnecessary detail.

Begin with a short statement about the issues for the Supreme Court to consider, and then explain why these issues are important enough for the court to agree to review the case. Refer to the “grounds for review” under California Rule of Court 8.500.

Including attachments with the answer

• Attachments are not required but may be included if they are especially significant to the case.
• You can include:
  • Exhibits or orders from the trial court or Court of Appeal.
  • Copies of relevant local, state, or federal regulations, rules, out-of-state statutes, or other legal authorities that are not easily available to the justices.

Filing a reply to the answer

The party who filed the petition for review may file a reply to the answer, but it is not required.

Guidelines for filing a reply:

• The deadline to serve and file a reply is within 10 days after the answer is filed.
• The cover page for the reply is white. Review what information to include on the cover.

Rules about length for the reply:

• If written on a computer: The reply must be 4,200 words or less.
• If written on a typewriter: The reply must be 15 pages or less.

A reply has the same formatting, service, and filing requirements as the petition for review.

What the California Supreme Court does during petition for review

The California Supreme Court considers the petition for review and decides how to proceed.

How much time does the court have to respond to a petition for review?

• The California Supreme Court has 60 days to respond after the last petition for review is filed.
• The court may extend this deadline up to 90 days after the last petition for review is filed.

How can the court respond to a petition for review?

The California Supreme Court can respond to a petition for review in a few ways:

1. No action: The court can decide not to respond and take no further action.
2. Deny the petition: The court can deny the petition for review.
3. Agree to review the case: The court can decide to hear the case.

How does the court make a decision?

When deciding whether to hear a case, the California Supreme Court considers:

• The petition for review, filed by the petitioner who lost the appeal.
• Any answers or responses to the petition filed by opposing parties.
• The record on appeal.

An order to grant review of a case must be signed by at least 4 of the 7 justices on the California Supreme Court. An order to deny review can be signed by only the Chief Justice.

What happens after the court makes a decision?

What happens next in the case depends on the court's decision:

• If the California Supreme Court does not take any action, the Court of Appeal will issue a remittitur 61 days from the date the opinion was filed.
• If the California Supreme Court denies the petition for review, the Court of Appeal can issue a remittitur immediately.
• If the California Supreme Court agrees to review the case, the case moves from the Court of Appeal to the Supreme Court, and a new briefing process begins.

What happens if the California Supreme Court grants a petition for review?

As the highest court in the state, the California Supreme Court has significant flexibility when it reviews a case. Each case is unique, and the parties involved must understand the rules and procedures of the court.

Will the review process start immediately?

It depends on the case. The court may delay the review while waiting for another case to be decided. The court may also take time to determine which issues in the case it wants to hear.

What issues will the court decide?

The court has full control over the issues it considers. It may review one, some, or all the issues raised in the appeal. Additionally, the court may choose not to review any of the issues presented in the appeal and could identify one or more new issues to review.

What are the parties required to do?

If the California Supreme Court decides to hear a case, the process resembles that of the Court of Appeal in some ways. The parties will file briefs and then present oral arguments. During the review, the parties can only address the issues selected by the California Supreme Court.

• The petitioner must file a brief within 30 days after the court agrees to review the case. This can be either an opening brief on the merits or the same brief (either opening or respondent's) that the party filed in the Court of Appeal.
• The respondent then has 30 days to file an answer brief or submit a copy of the brief they filed in the Court of Appeal.
• An optional petitioner’s reply brief must be filed within 20 days of the respondent's answer.

What can the court decide?

After reviewing the case, the California Supreme Court can:

• Affirm the Court of Appeal’s judgment.
• Reverse the Court of Appeal’s judgment.
• Modify the Court of Appeal’s judgment.

The Supreme Court may also hear the case but send it back to the Court of Appeal with instructions. The court may or may not make a decision, and the decision may or may not address all of the issues raised in the appeal. Regardless, the Supreme Court will remand (send) the case back to the Court of Appeal with specific instructions. The Supreme Court can order the Court of Appeal to take actions such as:

• Vacate the prior decision.
• Rehear the case.
• Decide any remaining issues.

Can I argue my case before the Supreme Court?

Yes, you can argue your case before the California Supreme Court. The Clerk of the Supreme Court will send you a notice with the location, date, and time for your oral argument. You will typically have 30 minutes to present your case. The person who filed the petition for review usually argues first, followed by the respondent.

• More information about oral argument can be found in the Rules of Court, Rule 8.524 and the Court's operating procedures.
• Before your oral argument, you will need to prepare and submit an oral argument appearance form.

When is a Supreme Court decision final?

A California Supreme Court decision is generally final 30 days after it is filed, although there are some exceptions. When the decision becomes final, the court issues a remittitur and sends it to the Court of Appeal. The Court of Appeal will then follow up with the parties in the case as directed by the Supreme Court.