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Blank California Cr 126 PDF Form

The California CR 126 form is an official document used in the Court of Appeal to request an extension of time for filing a brief in a criminal case. This form is essential for appellants and respondents who need additional time to prepare their legal arguments. If you find yourself in need of such an extension, consider filling out the form by clicking the button below.

Article Guide

The California CR-126 form plays a pivotal role in the appellate process, specifically concerning criminal cases. This application is designed for parties seeking an extension of time to file their briefs, a crucial step in ensuring that all arguments and evidence are thoroughly presented to the Court of Appeal. The form requires the identification of the case, including the appellate district and the specific court case number, alongside the details of the attorney or party submitting the request. Essential components include the type of brief for which an extension is sought, whether it’s the appellant's opening brief, the respondent's brief, or a combined brief. Additionally, the applicant must indicate any prior extensions received and the reasons necessitating the current request. This form also prompts the applicant to provide information regarding the defendant's conviction, the nature of that conviction, and any imposed punishment. Importantly, the CR-126 requires a declaration of truthfulness under penalty of perjury, reinforcing the seriousness of the information provided. The final decision on the application is made by the presiding justice, who may grant or deny the extension, ensuring that the appellate process remains fair and just.

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	TO BE FILED IN THE COURT OF APPEAL		CR-126
			COURT OF APPEAL CASE NUMBER:
COURT OF APPEAL	APPELLATE DISTRICT, DIVISION

ATTORNEY OR PARTY WITHOUT ATTORNEY:	STATE BAR NO.:		SUPERIOR COURT CASE NUMBER:
			SUPERIOR COURT CASE NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
STREET ADDRESS:
CITY:	STATE:	ZIP CODE:
TELEPHONE NO.:	FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):

APPELLANT:

RESPONDENT:

APPLICATION FOR EXTENSION OF TIME TO FILE BRIEF

(CRIMINAL CASE)

I (name):

request that the time to file (check one)

appellant's opening brief (AOB)

respondent's brief (RB)

combined respondent's brief (RB) and appellant's opening brief (AOB) (see rule 8.216)

combined appellant's reply brief (ARB) and respondent's brief (RB) (see rule 8.216)

appellant's reply brief (ARB)

now due on (date):

be extended to (date):

have

have not received a rule 8.360(c)(5) notice.

I have received

no previous extensions to file this brief.

the following previous extensions:

(number of extensions):

extensions from the court totaling (total number of days):

Did the court mark any previous extension "no further?"

Yes

The last brief filed by any party was:

AOB

RB and AOB

ARB and RB

filed on (date):

The record in this case is:

Volumes (#)

Pages (#)

Date filed

Clerk's Transcript:

Reporter's Transcript:

Augmentation/Other:

Defendant was convicted of (specify):

The conviction is based on a (check one):

jury verdict

plea of guilty or no contest

Page 1 of 2

Form Approved for Optional Use Judicial Council of California CR-126 [Rev. January 1, 2017]

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

CR-126

APPELLANT:

RESPONDENT

COURT OF APPEAL CASE NUMBER:

8. The court imposed the following punishment:

9. The defendant

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 APP-031) for this purpose.

(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 APP-009) or Proof of Electronic Service (Court of Appeal) (form APP-009E) for this purpose.

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:

	Granted	to (date):
	Denied
	Denied
Date:

			(SIGNATURE OF PRESIDING JUSTICE)

CR-126 [Rev. January 1, 2017] APPLICATION FOR EXTENSION OF TIME TO FILE BRIEF (CRIMINAL CASE)		Page 2 of 2
	(Appellate)

➤ PDF File

Form Specifications

Fact Name	Details
Purpose	The CR-126 form is used to request an extension of time to file a brief in a criminal appeal.
Governing Laws	This form is governed by California Rules of Court, specifically rules 8.50, 8.60, 8.63, and 8.360.
Filing Location	The form must be filed in the Court of Appeal.
Eligibility for Extension	Applicants must indicate if they have received prior extensions and whether the court marked any as "no further."
Proof of Service	A proof of service must be attached, confirming that all parties entitled to receive a copy of the brief have been notified.
Declaration Requirement	Applicants must declare under penalty of perjury that the information provided is true and correct.

California Cr 126: Usage Guidelines

After completing the California CR-126 form, you will need to file it with the Court of Appeal. Ensure that you have included all necessary information and supporting documents. Once filed, the court will review your application and issue an order regarding the extension request.

Begin by entering the Court of Appeal Case Number at the top of the form.
Fill in the Appellate District and Division information.
Provide your name and contact details, including State Bar Number, firm name (if applicable), street address, city, state, zip code, telephone number, fax number (if available), and email address (if available).
Indicate who you are representing by filling in the Attorney for field with the name of the appellant or respondent.
State your name again in the section requesting an extension of time to file the brief.
Check the appropriate box for the type of brief you are requesting an extension for (e.g., appellant's opening brief, respondent's brief, etc.).
Fill in the due date of the brief and the new requested date for submission.
Indicate whether you have received a rule 8.360(c)(5) notice by checking the appropriate box.
State the number of previous extensions you have received, if any, and the total number of days granted for those extensions.
Indicate if the court marked any previous extension as "no further" by checking yes or no.
Fill in the details of the last brief filed, including the type of brief and the date it was filed.
Provide the details of the record in the case, including volumes and pages.
Specify the conviction details, including what the defendant was convicted of and whether it was based on a jury verdict or a plea.
State the punishment imposed by the court.
Indicate whether the defendant is on bail pending appeal.
Explain the reasons for needing an extension in the provided space or on a separate declaration.
Attach a proof of service of the application, ensuring it is served to all entitled parties.
Sign and date the form at the bottom, including your printed name.

Your Questions, Answered

What is the California CR-126 form used for?

The California CR-126 form is an application for an extension of time to file a brief in a criminal case before the Court of Appeal. This form allows appellants or respondents to request additional time to prepare and submit their legal briefs, which are critical documents in the appellate process.

Who can file the CR-126 form?

The form can be filed by an attorney or a party without an attorney involved in the appeal. This includes both the appellant, who is challenging a lower court's decision, and the respondent, who is defending that decision.

What information do I need to provide on the CR-126 form?

You will need to provide your name, contact information, the case numbers, and details about the brief you are requesting an extension for. This includes the type of brief, the original due date, and the new requested due date. Additionally, you must indicate whether you have received any prior extensions and provide the reasons for your request.

How do I submit the CR-126 form?

The completed CR-126 form should be filed with the Court of Appeal in the appropriate district and division. Make sure to include any required attachments, such as proof of service, which shows that all parties involved have been notified of your application.

What happens after I submit the CR-126 form?

Once submitted, the court will review your application. They will either grant or deny your request for an extension. You will receive a notification regarding the court's decision, which will include any new deadlines if the extension is granted.

Is there a fee associated with filing the CR-126 form?

No, there is no fee for filing the CR-126 form. However, it is essential to ensure that all other procedural requirements are met to avoid delays in processing your request.

Can I request multiple extensions using the CR-126 form?

Yes, you can request multiple extensions. However, you must provide details about any previous extensions you have received and explain why additional time is necessary. The court will consider your reasons when deciding whether to grant your request.

What should I do if my application for an extension is denied?

If your application is denied, you are still required to file your brief by the original deadline. If you believe you need more time, you may consider consulting with an attorney for further advice on your options, including potential appeals or other legal remedies.

Common mistakes

Incomplete Information: One common mistake is failing to provide all the required personal information. Each section, from the court case number to the attorney's contact details, must be filled out completely. Omitting even a small detail can lead to delays in processing your request.
Incorrect Dates: Another frequent error involves the dates. Applicants often miscalculate the deadlines for filing or mistakenly enter the wrong dates. It’s crucial to double-check these dates to ensure they reflect the actual timeline of your case.
Not Following Up on Previous Extensions: Some individuals neglect to accurately report any previous extensions they have received. This can result in confusion or rejection of the current application. Always be sure to clearly indicate whether you have received prior extensions and provide the necessary details.
Missing Proof of Service: Finally, failing to attach proof of service can be a significant oversight. This document shows that all necessary parties have been informed about your application. Without it, the court may not consider your request, so it’s essential to include this proof when submitting your form.

Documents used along the form

The California CR-126 form is an application for an extension of time to file a brief in a criminal case within the Court of Appeal. This form is often accompanied by several other documents that serve various purposes in the appellate process. Below is a list of related forms and documents frequently used alongside the CR-126.

Proof of Service (Form APP-009): This document verifies that the application for an extension has been properly served to all parties entitled to receive a copy of the brief. It ensures compliance with court rules regarding notification.
Attached Declaration (Form APP-031): This form is used to provide additional details or reasons for requesting an extension. It allows the applicant to elaborate on the circumstances necessitating the delay in filing the brief.
Appellant's Opening Brief (AOB): This is the initial brief submitted by the appellant outlining the arguments and legal basis for their appeal. It is crucial for presenting the appellant's case to the court.
Respondent's Brief (RB): The respondent's brief is submitted by the opposing party in response to the appellant's arguments. This document addresses the claims made by the appellant and presents counterarguments.
Combined Briefs: In some cases, parties may submit combined briefs, which include both the appellant's and respondent's arguments. This can streamline the process and provide the court with a comprehensive view of both sides.

Each of these documents plays a vital role in the appellate process, ensuring that all parties have the opportunity to present their case and that the court has the necessary information to make informed decisions. Understanding these forms can help individuals navigate the complexities of the legal system more effectively.

Similar forms

The California CR-126 form is used to request an extension of time to file a brief in a criminal appeal. Several other documents serve similar purposes within the appellate process. Below is a list of eight documents that share similarities with the CR-126 form:

California CR-100: This form is a notice of appeal in a criminal case. Like the CR-126, it initiates the appellate process and requires specific case information.
California CR-101: This is a request for a certificate of probable cause. It is similar in that it seeks an extension of time to address issues related to a criminal conviction.
California CR-102: This form is used to file a notice of appeal from a denial of a motion for new trial. It parallels the CR-126 in that it is a procedural document related to appeals.
California CR-103: This form is a request for a transcript in a criminal case. It is similar to the CR-126 as both are part of the documentation needed for the appellate process.
California CR-104: This is an application for bail pending appeal. It shares the purpose of requesting additional time or consideration during the appeal process.
California CR-105: This form is a notice of motion for a new trial. It is similar because it involves procedural steps that must be followed in the appellate context.
California CR-106: This is a motion for an extension of time to file a reply brief. Like the CR-126, it requests additional time to submit necessary documents to the court.
California CR-107: This form is a notice of appeal from a judgment of conviction. It is similar to the CR-126 in that it is used to formally communicate intentions regarding the appeal process.

Dos and Don'ts

When filling out the California CR-126 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are five important dos and don’ts:

Do provide accurate and complete information in all fields. This includes your name, case numbers, and contact information.
Do check the appropriate boxes for the type of brief you are requesting an extension for. This clarity helps the court process your request efficiently.
Do attach any necessary supporting documents, such as a proof of service and a declaration explaining your need for an extension.
Don’t leave any required fields blank. Missing information can lead to delays or denial of your application.
Don’t forget to sign and date the form. An unsigned application may be considered incomplete.

By adhering to these guidelines, you can help facilitate a smoother process for your extension request. Remember, attention to detail is crucial in legal matters.

Misconceptions

Misconceptions about the California CR-126 form can lead to confusion for those navigating the appellate process. Here are ten common misconceptions, along with clarifications for each:

It can only be used by attorneys. Many believe that only licensed attorneys can file the CR-126. In fact, parties without attorneys can also submit this form.
Extensions are automatically granted. Some think that requesting an extension guarantees approval. The court reviews each request and may deny it based on specific criteria.
Previous extensions do not matter. Individuals often overlook the importance of previous extensions. The court considers prior requests when deciding on new ones.
Filing the form is optional. Many assume that submitting the CR-126 is optional. However, if more time is needed to file a brief, this form is necessary.
Only one type of brief can be requested. There is a misconception that the CR-126 can only request an extension for one type of brief. In reality, it allows for multiple types, including the appellant's opening brief and respondent's brief.
The reasons for the extension do not need to be detailed. Some believe they can simply state they need more time without explanation. The court requires a clear justification for the extension.
Proof of service is not required. A common misunderstanding is that proof of service is optional. In fact, attaching proof of service is a mandatory part of the application process.
There is no deadline for submitting the CR-126. Many think they can file the CR-126 at any time. However, it must be submitted before the original deadline for the brief expires.
The form is the same for all types of cases. Some assume that the CR-126 is universally applicable. Each form is tailored to specific case types, and the CR-126 is specifically for criminal cases.
Once filed, the CR-126 cannot be amended. It is a misconception that the application cannot be changed after submission. If necessary, a party can file an amended application with new information.

Understanding these misconceptions can help individuals better navigate the appellate process in California.

Key takeaways

Here are key takeaways regarding the California CR-126 form, which is used to request an extension of time to file a brief in criminal cases:

The CR-126 form must be filed in the Court of Appeal, and it requires the case number and appellate district information.
It is necessary to provide contact information, including name, address, and phone number, for the attorney or party submitting the application.
The form allows you to specify which brief you are requesting an extension for, including options for the appellant's opening brief or the respondent's brief.
Applicants must indicate whether they have received a notice under rule 8.360(c)(5) regarding the filing timeline.
Previous extensions must be disclosed, including the total number of days granted and whether the court marked any extension as "no further."
Details about the last brief filed, including the type and date, must be included in the application.
The form requires information about the defendant's conviction and the basis for that conviction, such as a jury verdict or plea.
Applicants must provide reasons for needing an extension, which can be included in a separate declaration if necessary.
A proof of service must be attached to the application, confirming that all parties entitled to receive a copy of the brief have been notified.