11. Petition for Review

There is no court form for a petition for review. Basically it has three required parts:

1. A white cover page that includes general information about the parties (like contact information) and the appeal (like the case number)
   Learn what information to include on the cover
2. A document that includes an explanation of the issues to consider and why the court should hear the case
3. Attachments required by the court

Formatting rules:

• The petition for review must follow the same formatting rules as briefs.
  Review the formatting rules for paper filings

Check with the California Supreme Court for up-to-date electronic formatting rules.

Rules about length:

• If written on a computer, the petition must be 8,400 words or less.
• If written on a typewriter, the petition must be 30 pages or less.
• The cover, signature block, required attachments, and some tables are not included in the word count or page limit.
• If a party wants to file a longer petition, they must file an application with the Court of Appeal and provide good cause – which means a good reason. The presiding justice may or may not say yes to the request.

The most important part of a petition for review is the document written by the petitioner.

• Begin with a short statement about the issues in the case for the Supreme Court to consider.
• State your argument. The court instructions ask for a “concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without too much detail.”
• Explain why the issues are so important that the California Supreme Court should agree to review the case. Refer to these “grounds for review” under California rule of court 8.500
• You cannot ask the court to refer to your brief or other documents in the record on appeal. However, you can ask the court to refer to another petition for review in your case. You can also ask the court to refer to another a petition for review in a different case, on the same issue, that the court has agreed to review.
• Say if a petition for rehearing was filed in the Court of Appeal and, if so, how the Court of Appeal ruled.

When writing a petition for review, keep in mind the reasons why the court reviews a case.

Remember, the petition for review should focus on the issues of the case. The petition for review should not focus on the history of what happened in the trial court or the Court of Appeal.

The court has strict rules about attachments with a petition for review.

• Attachments that must be included
  • a copy of the Court of Appeal order or opinion
  • any order modifying or changing the court’s opinion
  • an order for publication of the opinion
• Attachments that can be included but are not required
  • exhibits or orders from the trial court or Court of Appeal if they are especially significant to the case
  • copies of relevant local, state, or federal regulations, or rules, out-of-state statutes, or other similar legal authorities that are not easily available to the justices

Attachments are placed after the petition for review document and before proof of service.

Serving a Petition for Review
You must serve a copy of the petition for review to all parties in the case, the trial court, and the Court of Appeal BEFORE the petition for review can be filed in the California Supreme Court.

If there are problems with the proof of service a party files in the Supreme Court, the court will give a party 5 days to serve and file corrected proof of service. If the party does not file corrected proof of service, the Supreme Court may dismiss the petition.

Learn how to serve the petition for review

Special Filing Instructions for a Petition for Review
The party who files a petition for review must give the California Supreme Court paper copies of the petition, even if they electronically file (e-file).

If filing on paper, the petitioner must give the Supreme Court an original petition for review plus 13 copies.

If filing electronically, the petitioner must give the Supreme Court 8 paper copies of the petition.

The petition for review can be filed:

• at the California Supreme Court in San Francisco
• at any California Court of Appeal, which will forward the petition to the Supreme Court

Learn more about how to file the petition for review with the California Supreme Court

What the Parties Do During Petition for Review
The opposing parties can – but are not required to – file a response to the petition for review. The California Supreme Court generally will not ask other parties to provide information until after it agrees to review the case.

Any party who opposes the review can file an answer – also called a response – to the petition. An answer is an opportunity for a party in the case to add another issue for the court to consider in review. Here are some general guidelines for a party who chooses to file an answer.

• The deadline to serve and file an answer in the California Supreme Court is within 20 days after the petition for review is filed.
• The cover page is blue. It includes general information about the parties (like contact information) and the appeal (like the case number). Learn what information to include on the cover
• Rules about length:
  • If written on a computer, the answer must be 8,400 words or less.
  • If written on a typewriter, the answer must be 30 pages or less.
• An answer has 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 the issues relate to the case.
• The court instructions are to write a “concise, nonargumentative statement of those issues, framing them in terms of the facts of the case but without unnecessary detail.”
• Begin with a short statement about the issues in the case for the Supreme Court to consider. Then explain why the issues are so important that the California Supreme Court should 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
• only select attachments are permitted
• exhibits or orders from the trial court or Court of Appeal can be included if they are especially significant to the case
• copies of relevant local, state, or federal regulations, or rules, out-of-state statutes, or other similar legal authorities can be include if they are not easily available to the justices

The party who filed the petition for review can file a reply to the answer, but it is not required. Here are some general guidelines for a petitioner who chooses to file a reply:

• The deadline to serve and file a reply is within 10 days after the answer is filed.
• The cover page is white. Review what information to include on the cover
• The reply should only address the issues raised in the answer.
• Rules about length:
  • 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.

Review formatting rules for paper filings

Check with the California Supreme Court for up-to-date electronic formatting rules

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

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

• the court can decide not to respond and take no action or
• the court can deny the petition for review or
• the court can agree to review the case

When it decides whether or not to hear a case, the California Supreme Court considers:

• the petition for review, filed by the petitioner who lost the appeal and
• any answers – or responses – to the petition, filed by opposing parties and
• the record on appeal

An order granting review of a case must be signed by at least 4 of the 7 justices on the California Supreme Court. An order denying review may be signed by only the Chief Justice.

What happens next in the case depends on what the court decides.

• If the California Supreme Court does not take any action, the appeal decision generally becomes final 61 days from the date it was issued and then the Court of Appeal issues a remittitur. 
• If the California Supreme Court denies the petition for review, the appeal decision becomes final immediately and then the Court of Appeal issues a remittitur. 
• If the California Supreme Court agrees to review the case, then the case moves from the Court of Appeal to the Supreme Court and a new briefing process begins.

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

The court has total control over what issues to consider. It may review one, some, or all the issues raised in the appeal. The court may also decide not to review any of the issues raised in the appeal and may identify one or more new issues to review.

If the California Supreme Court decides to hear a case, the process is similar in some ways to what happens in the Court of Appeal. The parties file briefs and then present oral arguments. During 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 an opening brief or respondent’s brief that the party filed in the Court of Appeal. The other side then has 30 days to file an answer or a copy of the brief they filed in the Court of Appeal. An optional petitioner’s reply brief must filed within 20 days of the answer.

After reviewing the case, the California Supreme Court can affirm, reverse, or 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 Supreme Court may or may not make a decision, and the decision may or may not address all of the issues in the appeal.

Either way, the Supreme Court will remand (send) the case back to the Court of Appeal with instructions. The Supreme Court can order the Court of Appeal to take action, like rehear the case or decide any remaining issues. 

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