(a) Computing time
The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules.
(b) Extending time
Except as these rules provide otherwise, for good cause--or on an exceptional showing of good cause, when required by these rules--the Chief Justice or presiding justice may extend the time to do any act required or permitted under these rules.
(Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2007.)
(c) Application for extension
(1) An application to extend time must include a declaration stating facts, not mere conclusions, and must be served on all parties. For good cause, the Chief Justice or presiding justice may excuse advance service.
(2) The application must state:
(A) The due date of the document to be filed;
(B) The length of the extension requested;
(C) Whether any earlier extensions have been granted and, if so, their lengths and whether granted by stipulation or by the court; and
(D) Good cause--or an exceptional showing of good cause, when required by these rules--for granting the extension, consistent with the factors in rule 8.63(b).
(Subd (c) amended effective January 1, 2023; adopted as subd (d); previously amended and relettered effective January 1, 2007.)
(d) Relief from default
For good cause, a reviewing court may relieve a party from default for any failure to comply with these rules except the failure to file a timely notice of appeal or a timely statement of reasonable grounds in support of a certificate of probable cause.
(Subd (d) relettered effective January 1, 2007; adopted as subd (e).)
(e) No extension by superior court
Except as these rules provide otherwise, a superior court may not extend the time to do any act to prepare the appellate record.
(Subd (e) relettered effective January 1, 2007; adopted as subd (f).)
(f) Notice to party
(1) In a civil case, counsel must deliver to his or her client or clients a copy of any stipulation or application to extend time that counsel files. Counsel must attach evidence of such delivery to the stipulation or application, or certify in the stipulation or application that the copy has been delivered.
(2) In a class action, the copy required under (1) need be delivered to only one represented party.
(3) The evidence or certification of delivery under (1) need not include the address of the party notified.
(Subd (f) amended and relettered effective January 1, 2007; adopted as subd (g).)
Rule 8.60 amended effective January 1, 2023; repealed and adopted as rule 45 effective January 1, 2005; previously amended and renumbered effective January 1, 2007
Advisory Committee Comment
Subdivisions (b) and (c). An exceptional showing of good cause is required in applications in certain juvenile proceedings under rules 8.416, 8.417, 8.450, 8.452, and 8.454.