In her role as Judicial Council chair, and under rule 8.66, Chief Justice Tani Cantil-Sakauye yesterday authorized the First and Sixth District Courts of Appeal to “Issue an order extending by no more than 30 additional days the time in which to do any act required or permitted under the California Rules of Court.” They say the orders are “to be in effect for proceedings in which the deadline for any action in the California Rules of Court would occur between March 18, 2020, and April 17, 2020.”
Both districts have issued orders as authorized. (Here and here.)
The Chief Justice’s orders, which are available on a Judicial Council webpage with all the Chief’s emergency orders, were made at the request of the First and Sixth District’s administrative presiding justices.
Although the Chief Justice’s and Courts of Appeal’s orders refer to extending time to do any act under the California Rules of Court without limitation, rule 8.66 allows extensions for only those acts under the appellate rules, i.e., only those under the Title 8 series of rules. (See here and here.) That still covers a lot, however, including times to file notices of appeal, record designations, briefs, and rehearing petitions.
Besides being facially overbroad, the orders contain another ambiguity. The Title 8 rules cover more than Court of Appeal deadlines. They also cover deadlines for the Supreme Court and the appellate divisions of the superior court. Do the orders extend the times to file petitions for review and briefs (and answers and replies) in the Supreme Court? If so, are those deadlines extended for all cases or just those cases coming from the First and Sixth Districts?
The latter ambiguity could be fixed by the Chief Justice issuing a 30-day extension order for the Supreme Court or a 14-day extension order for appellate courts statewide. Rule 8.66 gives her the power to do both. (One additional extension under either alternative is permitted.)
[March 20 update: The Chief Justice today issued an order allowing the Fourth District to “Issue an order extending by no more than 30 additional days the time in which to do any act required or permitted under the California Rules of Court.”]
[Second March 20 update: The Chief Justice has now issued a similar order for the Second District.]
[March 23 update: The Chief Justice today issued a similar order for the Third District.]
[Second March 23 update: It looks like all the districts are covered now. The Chief Justice has issued an authorization order for the Fifth District.]