Cal. Rules of Court, rule 8.264 · Article 4. Hearing and Decision in the Court of Appeal

Filing, finality, and modification of decision

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Filing the decision

(1) The clerk/executive officer of the Court of Appeal must promptly file all opinions and orders of the court and promptly send copies showing the filing date to the parties and, when relevant, to the lower court or tribunal.

(2) A decision by opinion must identify the participating justices, including the author of the majority opinion and of any concurring or dissenting opinion, or the justices participating in a "by the court" opinion.

(b) Finality of decision

(1) Except as otherwise provided in this rule, a Court of Appeal decision in a civil appeal, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.

(2) The following Court of Appeal decisions are final in that court on filing:

(A) The denial of a petition for writ of supersedeas; and

(B) The dismissal of an appeal on request or stipulation.

(3) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

(1) A reviewing court may modify a decision until the decision is final in that court. If the office of the clerk/executive officer is closed on the date of finality, the court may modify the decision on the next day the office is open.

(2) An order modifying an opinion must state whether it changes the appellate judgment. A modification that does not change the appellate judgment does not extend the finality date of the decision. If a modification changes the appellate judgment, the finality period runs from the filing date of the modification order.

(d) Consent to increase or decrease in amount of judgment

If a Court of Appeal decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (b), the party serves and files a copy of a consent in the Court of Appeal. If a consent is filed, the finality period runs from the filing date of the consent. The clerk/executive officer must send one filed-endorsed copy of the consent to the superior court with the remittitur.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2018.)

(Subd (b) amended effective January 1, 2009; previously amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2018.)

(Subd (d) amended effective January 1, 2018; previously amended effective January 1, 2016.)

Rule 8.264 amended effective January 1, 2018; repealed and adopted as rule 24 effective January 1, 2003; previously amended and renumbered as rule 8.264 effective January 1, 2007; previously amended effective January 1, 2009, and January 1, 2016.

Advisory Committee Comment

Subdivision (b). As used in subdivision (b)(1), "decision" includes all interlocutory orders of the Court of Appeal. (See Advisory Committee Comment to rule 8.500(a) and (e).) This provision addresses the finality of decisions in civil appeals and, through a cross-reference in rule 8.470, in juvenile appeals. See rule 8.366 for provisions addressing the finality of decisions in proceedings under chapter 3, relating to criminal appeals; rule 8.387 for provisions addressing finality of decisions under chapter 4, relating to habeas corpus proceedings; and rule 8.490 for provisions addressing the finality of decisions in proceedings under chapter 7, relating to writs of mandate, certiorari, and prohibition.

Subdivision (b)(3) provides that a postfiling decision of the Court of Appeal to publish its opinion in whole under rule 8.1105(c) or in part under rule 8.1100(a) restarts the 30-day finality period. This provision is based on rule 40-2 of the United States Circuit Rules (9th Cir.). It is intended to allow parties sufficient time to petition the Court of Appeal for rehearing and/or the Supreme Court for review-and to allow potential amici curiae sufficient time to express their views-when the Court of Appeal changes the publication status of an opinion. The rule thus recognizes that the publication status of an opinion may affect a party's decision whether to file a petition for rehearing and/or a petition for review.

Source of truth

Edition: As posted by the Judicial Council of California (read October 22, 2026)
Official file: https://courts.ca.gov/cms/rules/index/eight/rule8_264
Text hash: sha256 a275fa14d1d505112ec4d08a8f63e9336019eaf6074d8798958406623a0a4b49
Composed by: compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

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