Daily Blast August 11, 2011

Legislative Change to Appellate Filing Fees

AB 110 (Blumenfield) amends Government Code sections regarding filing fees and establishes new filing fees of $325 for the following:

  1. A party other than appellant filing its first document in a civil case appealed to a court of appeal (Govt. Code § 68926, subd. (b)(1)), 
  2. A party other than a petitioner filing its first document in a writ proceeding within the original jurisdiction of the Supreme Court or a court of appeal (Govt. Code § 68926, subd. (b)(2) & (3)), and
  3. A party other than the petitioner filing its first document in a civil case in the Supreme Court after a decision in a court of appeal.

This means that when you file a respondent’s brief or a motion with the appellate court (likely even an extension request), you need to be prepared to submit the filing fee of $325. If you file a preliminary opposition or other response to a petition for writ of mandate you will need to submit a filing fee. Similarly, if you choose to file an answer or an amicus letter in response to a petition for review, you will need to submit the filing fee. The amended language suggests the new fees may be charged per party, which could become costly when there are multiple respondents or multiple real parties responding to a writ petition. We will have to wait and see how the courts handle this new legislation.

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