In the intricate world of legal procedures, the California Cr 126 form represents a crucial tool for attorneys and parties navigating the appellate process in criminal cases. This official document serves the specific purpose of requesting additional time to file briefs—a key component of the appeal process that can significantly impact the outcome of a case. The form requires detailed information including the Court of Appeal case number, the attorney or party's contact information, and specifics surrounding the appeal itself such as the Superior Court case number and the nature of the brief(s) for which the extension is requested. It also delves into the history of the case, asking for previous extension requests and details about the conviction being appealed, including the defendant’s current bail status and the imposed punishment. Importantly, the form mandates a declaration stating the reasons for the extension, requiring the applicant to provide a compelling argument within the framework of rules established by the Judicial Council of California. As such, the document not only facilitates a procedural necessity—granting additional time for the preparation of critical legal documents—it also underscores the intersection of law and justice, ensuring that each party has a fair opportunity to present their case fully and effectively in the appellate courts.
Question | Answer |
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Form Name | California Form Cr 126 |
Form Length | 2 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 30 sec |
Other names |
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TO BE FILED IN THE COURT OF APPEAL |
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COURT OF APPEAL CASE NUMBER: |
COURT OF APPEAL |
APPELLATE DISTRICT, DIVISION |
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ATTORNEY OR PARTY WITHOUT ATTORNEY: |
STATE BAR NO.: |
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SUPERIOR COURT CASE NUMBER: |
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NAME: |
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FIRM NAME: |
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STREET ADDRESS: |
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CITY: |
STATE: |
ZIP CODE: |
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TELEPHONE NO.: |
FAX NO. (if available): |
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ATTORNEY FOR (name): |
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APPELLANT:
RESPONDENT:
APPLICATION FOR EXTENSION OF TIME TO FILE BRIEF
(CRIMINAL CASE)
1. |
I (name): |
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request that the time to file (check one) |
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appellant's opening brief (AOB) |
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respondent's brief (RB) |
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combined respondent's brief (RB) and appellant's opening brief (AOB) (see rule 8.216) |
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combined appellant's reply brief (ARB) and respondent's brief (RB) (see rule 8.216) |
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appellant's reply brief (ARB) |
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now due on (date): |
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be extended to (date): |
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2. |
I |
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have |
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have not received a rule 8.360(c)(5) notice. |
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3. |
I have received |
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no previous extensions to file this brief. |
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the following previous extensions: |
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(number of extensions): |
extensions from the court totaling (total number of days): |
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Did the court mark any previous extension "no further?" |
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Yes |
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No |
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The last brief filed by any party was: |
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AOB |
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RB |
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RB and AOB |
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ARB and RB |
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filed on (date): |
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5. |
The record in this case is: |
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Volumes (#) |
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Pages (#) |
Date filed |
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Clerk's Transcript: |
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Reporter's Transcript: |
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Augmentation/Other: |
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6. |
Defendant was convicted of (specify): |
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7. |
The conviction is based on a (check one): |
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jury verdict |
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plea of guilty or no contest
Page 1 of 2
Form Approved for Optional Use Judicial Council of California
APPLICATION FOR EXTENSION OF TIME TO FILE BRIEF (CRIMINAL CASE)
(Appellate)
Cal. Rules of Court, rules 8.50, 8.60, 8.63, 8.360 www.courts.ca.gov
APPELLANT:
RESPONDENT
COURT OF APPEAL CASE NUMBER:
8. The court imposed the following punishment:
9. The defendant
is
is not on bail pending appeal.
10. The reasons that I need an extension to file this brief are stated
below.
on a separate declaration. You may use Attached Declaration (Court of Appeal) (form
(Please specify; see rule 8.63 for factors used in determining whether to grant extensions):
11.A proof of service of this application on all those entitled to receive a copy of the brief under rule 8.360(d)(1), (2), and (3) is attached (see rule 8.360(d)). You may use Proof of Service (Court of Appeal) (form
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
Order on Application is
below
on a separate document
ORDER
EXTENSION OF TIME IS:
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Granted |
to (date): |
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Denied |
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Date: |
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(SIGNATURE OF PRESIDING JUSTICE) |
Page 2 of 2 |
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(Appellate) |
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