(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) Extension by trial court
(1) For good cause and except as these rules provide otherwise, the presiding judge of the trial court, or his or her designee, may extend the time to do any act to prepare the record on appeal.
(2) The trial court may not extend:
(A) The time to do an act if that time-including any valid extension-has expired; or
(B) The time for a court reporter to prepare a transcript.
(3) Notwithstanding anything in these rules to the contrary, the trial court may grant an initial extension to any party to do any act to prepare the record on appeal on an ex parte basis.
(Subd (b) amended effective March 1, 2014.)
(c) Extension by appellate division
For good cause and except as these rules provide otherwise, the presiding judge of the appellate division, or his or her designee, may extend the time to do any act required or permitted under these rules, except the time to file a notice of appeal.
(d) Application for extension
(1) An application to extend time, including an application requesting an extension of time to prepare a transcript from either a court reporter or a person preparing a transcript of an official electronic recording, must be served on all parties. For good cause, the presiding judge of the appellate division, or his or her designee, may excuse advance service.
(2) The application must include a declaration stating facts, not mere conclusions, that establish good cause for granting the extension. For applications filed by counsel or self-represented litigants, the facts provided to establish good cause must be consistent with the policies and factors stated in rule 8.811.
(3) The application must state:
(A) The due date of the document to be filed;
(B) The length of the extension requested; and
(C) Whether any earlier extensions have been granted and, if so, their lengths.
(Subd (d) amended effective March 1, 2014.)
(e) 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) The evidence or certification of delivery under (1) need not include the address of the party notified.
Rule 8.810 amended effective March 1, 2014; adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (b)(1). This provision permits the presiding judge to designate another judge, such as the trial judge, to handle applications to extend time.