In the legal process, particularly within the appellate phase of criminal cases, the CR-126 form serves as a pivotal document for those seeking additional time to file their briefs. This Application for Extension of Time to File Brief (Criminal Case) is utilized within the Court of Appeal across various appellate districts and divisions, outlining a structured method for attorneys or self-represented parties to request an extension. The form necessitates detailed information such as the Court of Appeal case number, the superior court case number, alongside personal and contact details of the attorney or the party without an attorney. It specifically asks whether the request is for an appellant's opening brief, a respondent's brief, or a combination thereof, along with any prior extensions received and the reasons necessitating the current request for more time. Additionally, it inquires about the status of the defendant, including conviction details, the court's imposed punishment, and whether the defendant is on bail pending the appeal. The form also mandates the inclusion of a proof of service, ensuring that all parties entitled to receive a copy of the brief are duly notified. Finally, a declaration under penalty of perjury confirms the veracity of the information provided, with the form concluding with an area for the order on the application to be documented, signifying whether the extension has been granted or denied.
| Question | Answer |
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| Form Name | Form Cr 126 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | cr 126 form, cr 126 pdf, california brief criminal sample, cr 126 brief form |
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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.: |
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ATTORNEY FOR (name): |
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APPELLANT:
RESPONDENT:
APPLICATION FOR EXTENSION OF TIME TO FILE BRIEF
(CRIMINAL CASE)
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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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4. |
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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