Chief Justice Tani Cantil-Sakauye last week authorized all six Courts of Appeal to renew their orders extending appellate times for another 30 days under newly amended rule 8.66, and they have all done so. (Ben Shatz has those extension orders here.) But it looks like the Supreme Court won’t be renewing its order (see here), which expires today.
Without a renewal, and under the Supreme Court’s current order, times are extended by 30 days only for those “acts or events in proceedings before th[e] [Supreme] [C]ourt otherwise due to occur between March 20, 2020 and April 20, 2020.” Thus, for example, a Supreme Court brief due last Friday, April 17, should be due May 18 (May 17 is a Saturday), but a brief due tomorrow is due, well, tomorrow.
Earlier this afternoon, Judicial Council Public Information Officer Cathal Conneely told At The Lectern, “As of this date and time, the court has not issued an order extending the original order, as subsequently amended. If no such order issues, other rules within the California Rules of Court also can be applied to extend certain deadlines in a manner sensitive to the current situation.” (Links added.)
The reference to “other rules” might be to extended Court of Appeal times that impact Supreme Court deadlines. For example, because a petition for review is due “within 10 days after the Court of Appeal decision is final in that court,” the various Court of Appeal renewal orders that push back finality times for Court of Appeal decisions (except for those decisions that are final immediately) will delay the start of the 10-day period to petition for review. Also, as always, the Chief Justice can extend Supreme Court briefing times. She can’t, however, extend petition-for-review times. But she does have a window during which she “may relieve a party from a failure to file a timely petition for review.” Even in non-emergency times, getting relief is not impossible. (See here and here.)