If you or your loved one suffered a California criminal conviction, you may want to appeal the decision. A successful appeal could reverse the conviction, bring about a new trial, and provide a renewed chance at freedom.
But the window for appeal doesn't stay open for long. The clock starts ticking from the moment the judge pronounces sentence. California imposes very strict deadlines and timeframes in which a defendant seeking appeal must act.
To explain this timeline, our California criminal appeals attorneys1 will address the following the following:
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
Before we can delve into a conversation about the timeframes and deadlines relevant to appealing a California criminal conviction, we need to present a brief overview of California's appellate system.
Defendants who were treated unfairly by California's judicial process can try to remedy the injustice by filing an appeal.2 An appeal is a request for a higher court (that is, the appellate court) to review a decision of a lower court (that is, the trial court).
An appeal is not a new trial, which means that the appellate court does not evaluate any new evidence. Instead, the appellate court reviews the records (paper transcripts) from the trial court to determine if there were any legal mistakes that substantially affected the rights of either party.
The "appellant" is the party filing the appeal, which is typically the defendant. The party opposing the appeal is the "respondent". These parties (and their attorneys) are the only people eligible to file an appeal. Third parties such as friends and family cannot appeal on behalf of another person.
For more information about the types of legal mistakes that are appropriate for appellate review, please see our article entitled Grounds on Which to Appeal a Criminal Conviction in California.
California misdemeanor appeals are filed in the "Appellate Division of the Superior Court".3 Absent very rare circumstances, the deadline to file a Notice of Appeal for a misdemeanor appeal is 30 days from the judgment or order that you are appealing. Late applications will not be accepted.4
You will probably want the Appellate Division of the Superior Court to order a copy of the trial court record so that it has the most information possible upon which is can render its decision. The trial record consists of
- a court reporter's transcript,
- an electronic recording of the proceedings (where applicable), and/or
- a statement on appeal (that is, a summary of the proceedings which you prepare that must be approved by the trial court judge who conducted those proceedings).5
If you choose to request these records…and choose to file a Notice Regarding Record of Oral Proceedings to do so…you must file this Notice
- within 20 days of filing your Notice of Appeal, or
- within 10 days after the Court decides whether to appoint an attorney for you (that is, if you claim you are unable to afford a private attorney).6
And if you opt to provide the Court with a statement on appeal (described above), you must serve and file a Proposed Statement on Appeal with the trial court within 20 days after you file your Notice Regarding Record of Oral Proceedings.7
The prosecution then has 10 days to correct or "amend" the statement and serve and file its revised statement with the trial court. The trial judge then reviews both copies and corrects them so that the statement accurately reflects the proceedings. The court then sends you and the prosecutor a copy for review, and this process continues until both parties and the court agree on the statement.
Once the trial judge "certifies" the statement, the trial court clerk sends it to the Appellate Division.8
Once the record is complete, the Appellate Division will send you a notice telling you the timeframe in which to file your opening brief. The appellant's opening brief is your opportunity to explain (in writing) why you believe the alleged legal errors resulted in prejudice to your case.
The Appellate Division will tell you the deadline by which you must file this brief, although it is typically 40 days after the record is filed.9 The failure to submit your brief on time could result in a dismissal of your appeal.10
And on that note, it is very important to understand that all of the rules relating to a California criminal appeal require strict compliance. This is why it is critical to seek legal representation from an attorney who specializes in California appellate law.
As California appellate attorney John Murray explains,11 "The laws that pertain to California appeals are very different than those that pertain to trial proceedings. Simple mistakes, ignorance of these specific rules, or a delay in following them can severely jeopardize your case."
Within 30 days after you file and serve your brief, the respondent may…but is not required to…file a respondent's brief. If the respondent files a respondent's brief, you have 20 days after that brief is filed to file a reply brief.12 This, too, is optional.
Once all briefs have been filed…or the time for doing so has elapsed…the court will notify you of the date for your oral argument, unless you choose to waive this argument and let your brief speak for itself.
After both sides have presented their oral arguments…or the date arguments were scheduled has passed in the event either or both parties waived their arguments…the court has 90 days to rule on your appeal.13 The misdemeanor appeal process generally takes at least six months and typically even more.
For more information about Notices of Appeal, briefs, oral argument, and a variety of other procedures that are applicable to both misdemeanor and felony appeals, please review our article on the California Appellate Process.
California felony appeals are generally filed in the California Court of Appeal.14 If, however, your original case was a federal crime, you would file your felony appeal first with the United States Court of Appeal for the Ninth Circuit and, if need be, ultimately with the Supreme Court of the United States.
The California Court of Appeal is divided into six judicial districts that service the entire state. You must file your appeal in the district that has jurisdiction over the county in which your trial took place.
You must file your felony Notice of Appeal within 60 days of the judgment or order that you are appealing. And…as is the case with misdemeanor appeals…late appeals will not be filed.15
Felony appeals involve the same steps as misdemeanor appeals (that is, notice, briefs, oral argument, etc.).16 Generally speaking, felony appeals take about a year from the time the Notice of Appeal is filed until the Court of Appeal renders its decision. This timeframe may be longer or shorter depending on the complexity of the case, on the number of briefs, the length of the transcripts, etc.
Once the Court of Appeal announces its decision, either party has an opportunity to apply to the Supreme Court of California for review. This application must be submitted within 10 days after the Court of Appeal files its opinion.17 The Supreme Court does not automatically accept every appeal and, in fact, is quite discriminating in deciding which cases to review.18
To be quite honest, the chances of overturning a California conviction on appeal aren't great; however, it's a fight definitely worth fighting. Having a California appeals lawyer who (1) not only knows how to research the issues to identify the most promising legal errors, but (2) also knows how to present those issues in accordance with California appellate laws and in a truly convincing way, is essential to increase those chances.
Call us for help…
If you or a loved one is in need of help with appeals and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
1Our California criminal appellate attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
2California Penal Code 1237 PC -- Appeal by defendant. ("An appeal may be taken by the defendant: (a) From a final judgment of conviction except as provided in Section 1237.1 and Section 1237.5. A sentence, an order granting probation, or the commitment of a defendant for insanity, the indeterminate commitment of a defendant as a mentally disordered sex offender, or the commitment of a defendant for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment the court may review any order denying a motion for a new trial. (b) From any order made after judgment, affecting the substantial rights of the party.")
See also Penal Code 1466, subdivision (2), endnote 3, below.
3California Penal Code 1466 -- An appeal may be taken from a judgment or order, in an infraction or misdemeanor case, to the appellate division of the superior court of the county in which the court from which the appeal is taken is located, in the following cases: (1) By the people: (A) From an order recusing the district attorney or city attorney pursuant to Section 1424. (B) From an order or judgment dismissing or otherwise terminating all or any portion of the action, including such an order or judgment, entered after a verdict or finding of guilty or a verdict or judgment entered before the defendant has been placed in jeopardy or where the defendant has waived jeopardy. (C) From sustaining a demurrer to any portion of the complaint or pleading. (D) From an order granting a new trial. (E) From an order arresting judgment. (F) From any order made after judgment affecting the substantial rights of the people. (G) From the imposition of an unlawful sentence, whether or not the court suspends the execution of sentence. As used in this subparagraph, "unlawful sentence" means the imposition of a sentence not authorized by law or the imposition of a sentence based upon an unlawful order of the court that strikes or otherwise modifies the effect of an enhancement or prior conviction. A defendant shall have the right to counsel in the people's appeal of an unlawful sentence under the same circumstances that he or she would have a right to counsel under subdivision (a) of Section 1238. (H) Nothing in this section shall be construed to authorize an appeal from an order granting probation. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes sentence, by means of a petition for a writ of mandate or prohibition that is filed within 60 days after probation is granted. The review of any grant of probation shall include review of any order underlying the grant of probation. (2) By the defendant: (A) From a final judgment of conviction. A sentence, an order granting probation, a conviction in a case in which before final judgment the defendant is committed for insanity or is given an indeterminate commitment as a mentally disordered sex offender, or the conviction of a defendant committed for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment or an order granting probation the court may review any order denying a motion for a new trial. (B) From any order made after judgment affecting his or her substantial rights.")
4California Rules of Court Title 8, Division 2, Chapter 3, Article 1, Rule 8.853, subdivision (b) -- Time to appeal. ("(a) Normal time A notice of [a California misdemeanor] appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment. (b) Cross-appeal If the defendant or the People timely appeal from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 15 days after the trial court clerk mails notification of the first appeal, whichever is later. (c) Premature notice of appeal A notice of appeal filed before the judgment is rendered or the order is made is premature, but the appellate division may treat the notice as filed immediately after the rendition of the judgment or the making of the order. (d) Late notice of appeal The trial court clerk must mark a late notice of appeal "Received [date] but not filed" and notify the party that the notice was not filed because it was late.")
6California Rules of Court, Division 2, Chapter 3, Article 2, Rule 8.864 -- Record of oral proceedings. ("(a) Appellant's election. The appellant must notify the trial court whether he or she elects to proceed with or without a record of the oral proceedings in the trial court. If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must specify which form of the record of the oral proceedings in the trial court the appellant elects to use: (1) A reporter's transcript under rules 8.865-8.867 or a transcript prepared from an official electronic recording of the proceedings under rule 8.868(b). If the appellant elects to use a reporter's transcript, the clerk must promptly mail a copy of appellant's notice making this election and the notice of appeal to each court reporter; (2) An official electronic recording of the proceedings under rule 8.868(c). If the appellant elects to use the official electronic recording itself, rather than a transcript prepared from that recording, the appellant must attach a copy of the stipulation required under rule 8.868(c); or (3) A statement on appeal under rule 8.869. (b) Time for filing election. The notice of election required under (a) must be filed no later than the following: (1) If no application for appointment of counsel is filed, 20 days after the notice of appeal is filed; or (2) If an application for appointment of counsel is filed before the period under (A) expires, either 10 days after the court appoints counsel to represent the defendant on appeal or denies the application for appointment of counsel or 20 days after the notice of appeal is filed, whichever is later. (c) Failure to file election. If the appellant does not file an election within the time specified in (b), the trial court clerk must promptly notify the appellant by mail that the election must be filed within 15 days after the notice is mailed and that failure to comply will result in the appeal proceeding without a record of the oral proceedings. (d) Statement on appeal when proceedings cannot be transcribed or were not recorded. 1) If the appellant elects under (a) to use a reporter's transcript or a transcript prepared from an official electronic recording or the recording itself, the trial court clerk must notify the appellant within 10 days after the appellant files this election if any portion of the oral proceedings listed in rule 8.865 was not reported or officially recorded electronically or cannot be transcribed. The notice must indicate that the appellant may use a statement on appeal as the record of the portion of the proceedings that was not recorded or cannot be transcribed. (2) Within 15 days after this notice is mailed by the clerk, the appellant must file a notice with the court stating whether the appellant elects to use a statement on appeal as the record of the portion of the proceedings that was not recorded or cannot be transcribed.")
7California Rules of Court, Title 8, Chapter 3, Article 2, Rule 8.869. Statement on appeal (a) Description A statement on appeal [which may be used as the trial record in a California misdemeanor appeal] is a summary of the trial court proceedings that is approved by the trial court. An appellant can elect under rule 8.864 to use a statement on appeal as the record of the oral proceedings in the trial court, replacing the reporter's transcript. (b) Preparing the proposed statement (1) If the appellant elects under rule 8.864 to use a statement on appeal, the appellant must prepare, serve, and file a proposed statement within 20 days after filing the record preparation election. (2) Appellants who are not represented by an attorney must file their proposed statement on Proposed Statement on Appeal (Misdemeanor) (form CR-135). For good cause, the court may permit the filing of a statement that is not on form CR-135. (3) If the appellant does not file a proposed statement within the time specified in (1), the trial court clerk must promptly notify the appellant by mail that the proposed statement must be filed within 15 days after the notice is mailed and that failure to comply will result in the appeal being dismissed. (c) Contents of the proposed statement on appeal A proposed statement prepared by the appellant must contain: (1) A condensed narrative of the oral proceedings that the appellant believes necessary for the appeal and a summary of the trial court's holding and the sentence imposed on the defendant. Subject to the court's approval, the appellant may present some or all of the evidence by question and answer; and (2) A statement of the points the appellant is raising on appeal. The appeal is then limited to those points unless the appellate division determines that the record permits the full consideration of another point. (A) The statement must specify the intended grounds of appeal by clearly stating each point to be raised but need not identify each particular ruling or matter to be challenged. (B) The statement must include as much of the evidence or proceeding as necessary to support the stated grounds. Any evidence or portion of a proceeding not included will be presumed to support the judgment or order appealed from. (C) If one of the grounds of [the California misdemeanor] appeal is insufficiency of the evidence, the statement must specify how it is insufficient. (D) If one of the grounds of appeal challenges the giving, refusal, or modification of a jury instruction, the statement must include any instructions submitted orally and identify the party that requested the instruction and any modification. (d) Review of the appellant's proposed statement (1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement. (2) No later than 10 days after either the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement. No hearing will be held unless ordered by the trial court judge, and the judge will not ordinarily order a hearing unless there is a factual dispute about a material aspect of the trial court proceedings. (3) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice. (4) Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments and make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the trial court proceedings. If a hearing is ordered, the trial court judge must make any corrections or modifications to the statement within 10 days after the hearing. (5) The trial court judge must not eliminate the appellant's specification of grounds of appeal from the proposed statement. (6) If the trial court proceedings were reported by a court reporter or officially recorded electronically under Government Code section 69957 and the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal: (A) If the court has a local rule for the appellate division permitting the use of an official electronic recording as the record of the oral proceedings, the trial court judge may order that the original of an official electronic recording of the trial court proceedings, or a copy made by the court, be transmitted as the record of these oral proceedings without being transcribed. The court will pay for any copy of the official electronic recording ordered under this subdivision; or (B) Unless the court has a local rule providing otherwise, the trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision. (e) Review of the corrected statement (1) If the trial court judge makes any corrections or modifications to the statement under (d), the clerk must send copies of the corrected or modified statement to the parties. (2) Within 10 days after the statement is sent to the parties, any party may serve and file proposed modifications or objections to the statement. (f) Certification of the statement on appeal (1) If the trial court judge does not make any corrections or modifications to the proposed statement under (d)(4) and does not order either the use of an official electronic recording or preparation of a transcript in lieu of correcting the proposed statement under (d)(6), the judge must promptly certify the statement. (2) If the trial court judge corrects or modifies an appellant's proposed statement under (d), within five days after the time for filing proposed modifications or objections under (e) has expired, the judge must review any proposed modifications or objections to the statement filed by the parties, make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the trial court proceedings, and certify the statement. (g) Extensions of time For good cause, the trial court may grant an extension of not more than 15 days to do any act required or permitted under this rule.")
8California Courts Website - Information on Appeal Procedures for Misdemeanors, page 6.
9California Rules of Court, Division 1, Chapter 3, Article 3, Rule 8.360. Briefs by parties and amici curiae. ("(a) Contents and form. Except as provided in this rule, briefs in criminal appeals must comply as nearly as possible with rules 8.200 and 8.204. (b) Length. (1) A brief produced on a computer must not exceed 25,500 words, including footnotes. Such a brief must include a certificate by appellate counsel or an unrepresented defendant stating the number of words in the brief; the person certifying may rely on the word count of the computer program used to prepare the brief. (2) A typewritten brief must not exceed 75 pages. (3) The tables, a certificate under (1), and any attachment permitted under rule 8.204(d) are excluded from the limits stated in (1) or (2). (4) A combined brief in an appeal governed by (e) must not exceed double the limit stated in (1) or (2). (5) On application, the presiding justice may permit a longer brief for good cause. (c) Time to file. (1) The appellant's opening brief must be served and filed within 40 days after the record is filed in the reviewing court. (2) The respondent's brief must be served and filed within 30 days after the appellant's opening brief is filed. (3) The appellant must serve and file a reply brief, if any, within 20 days after the respondent files its brief. (4) The time to serve and file a brief may not be extended by stipulation, but only by order of the presiding justice under rule 8.60. (5) If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party by mail that the brief must be filed within 30 days after the notice is mailed, and that failure to comply may result in one of the following sanctions: (A) If the brief is an appellant's opening brief: (i) If the appellant is the People, the court will dismiss the appeal; (ii) If the appellant is the defendant and is represented by appointed counsel on appeal, the court will relieve that appointed counsel and appoint new counsel; (iii) If the appellant is the defendant and is not represented by appointed counsel, the court will dismiss the appeal; or (B) If the brief is a respondent's brief, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant. (6) If a party fails to comply with a notice under (5), the court may impose the sanction specified in the notice. (d) Service. (1) Defendant's appellate counsel must serve each brief for the defendant on the People and the district attorney, and must send a copy of each to the defendant personally unless the defendant requests otherwise. (2) The proof of service under (1) must state that a copy of the defendant's brief was sent to the defendant, or counsel must file a signed statement that the defendant requested in writing that no copy be sent. (3) For each appealing defendant, the People must serve two copies of their briefs on the defendant's appellate counsel and one copy on the district appellate project. (4) A copy of each brief must be served on the superior court clerk for delivery to the trial judge. (e) When a defendant and the People appeal. When both a defendant and the People appeal, the defendant must file the first opening brief unless the reviewing court orders otherwise, and rule 8.216(b) governs the contents of the briefs. (f) Amicus curiae briefs. Amicus curiae briefs may be filed as provided in rule 8.200(c).")
11California appellate lawyer John Murray represents clients seeking appeals in the South Bay (including Long Beach and Torrance) as well as throughout Orange County, including Newport Beach, Santa Ana, Fullerton, Laguna Beach, Irvine, Anaheim and Westminster.
12See California Rules of Court, Division 1, Chapter 3, Article 3, Rule 8.360, subdivision (c), endnote 9, above.
13California Courts Website - Information on Appeal Procedures for Misdemeanors, page 8.
14California Penal Code 1235, subdivision (b) -- Questions of law alone; appeal by either party; application of title. ("(a) Either party to a felony case may appeal on questions of law alone, as prescribed in this title and in rules adopted by the Judicial Council. The provisions of this title apply only to such appeals. (b) An appeal from the judgment or appealable order in a felony case is to the court of appeal for the district in which the court from which the appeal is taken is located.")
15California Rules of Court, Title 8, Division 1, Chapter 3, Article 1, Rule 8.308 -- Time to appeal (a) Normal time Except as provided in (b) or as otherwise provided by law, a notice of appeal [for a California felony appeal] and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66, no court may extend the time to file a notice of appeal. (b) Cross-appeal If the defendant or the People timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 30 days after the superior court clerk mails notification of the first appeal, whichever is later. (c) Premature notice of appeal A notice of appeal filed before the judgment is rendered or the order is made is premature, but the reviewing court may treat the notice as filed immediately after the rendition of judgment or the making of the order. (d) Late notice of appeal The superior court clerk must mark a late notice of appeal "Received [date] but not filed," notify the party that the notice was not filed because it was late, and send a copy of the marked notice of appeal to the district appellate project.")
See also California Rules of Court, Title 8, Division 1, Chapter 1, Article 3, Rule 8.66 -- Extending time because of public emergency (a) Emergency extensions of time If made necessary by the occurrence or danger of an earthquake, fire, or other public emergency, or by the destruction of or danger to a building housing a reviewing court, the Chair of the Judicial Council, notwithstanding any other rule in this title, may: (1) Extend by no more than 14 additional days the time to do any act required or permitted under these rules; or (2) Authorize specified courts to extend by no more than 30 additional days the time to do any act required or permitted under these rules. (b) Applicability of order (1) An order under (a) must specify whether it applies throughout the state, only to specified courts, or only to courts or attorneys in specified geographic areas, or applies in some other manner. (2) An order of the Chair of the Judicial Council under (a)(2) must specify the length of the authorized extension. (c) Additional extensions If made necessary by the nature or extent of the public emergency, the Chair of the Judicial Council may extend or renew an order issued under (a) for an additional period of: (1) No more than 14 days for an order under (a)(1); or (2) No more than 30 days for an order under (a)(2).")
16See generally California Rules of Court Title 8.
17California Rules of Court, Division 1, Chapter 9, Rule 8.500 -- Petition for review. ("(a) Right to file a petition, answer, or reply. (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer. (b) Grounds for review. The Supreme Court may order review of a Court of Appeal decision: (1) When necessary to secure uniformity of decision or to settle an important question of law; (2) When the Court of Appeal lacked jurisdiction; (3) When the Court of Appeal decision lacked the concurrence of sufficient qualified justices; or (4) For the purpose of transferring the matter to the Court of Appeal for such proceedings as the Supreme Court may order. (c) Limits of review. (1) As a policy matter, on petition for review the Supreme Court normally will not consider an issue that the petitioner failed to timely raise in the Court of Appeal. (2) A party may petition for review without petitioning for rehearing in the Court of Appeal, but as a policy matter the Supreme Court normally will accept the Court of Appeal opinion's statement of the issues and facts unless the party has called the Court of Appeal's attention to any alleged omission or misstatement of an issue or fact in a petition for rehearing. (d) Petitions in nonconsolidated proceedings. If the Court of Appeal decides an appeal and denies a related petition for writ of habeas corpus without issuing an order to show cause and without formally consolidating the two proceedings, a party seeking review of both decisions must file a separate petition for review in each proceeding. (e) Time to serve and file. (1) A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the clerk's office is closed. (2) The time to file a petition for review may not be extended, but the Chief Justice may relieve a party from a failure to file a timely petition for review if the time for the court to order review on its own motion has not expired. (3) If a petition for review is presented for filing before the Court of Appeal decision is final in that court, the Supreme Court clerk must accept it and file it on the day after finality. (4) Any answer to the petition must be served and filed within 20 days after the petition is filed. (5) Any reply to the answer must be served and filed within 10 days after the answer is filed. (f) Additional requirements. (1) The petition must also be served on the superior court clerk and the Court of Appeal clerk. (2) A copy of each brief must be served on a public officer or agency when required by statute or by rule 8.29. (3) The Supreme Court clerk must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction. (g) Amicus curiae letters. (1) Any person or entity wanting to support or oppose a petition for review or for an original writ must serve on all parties and send to the Supreme Court an amicus curiae letter rather than a brief. (2) The letter must describe the interest of the amicus curiae. Any matter attached to the letter or incorporated by reference must comply with rule 8.504(e). (3) Receipt of the letter does not constitute leave to file an amicus curiae brief on the merits under rule 8.520(f).")
18See same, subdivision (b).