California Rules of Court: Title Eight Rules (2023)

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Rule 8.108. Extending the time to appeal

(a)Extension of time

This rule operates only to extend the time to appeal otherwise prescribed in rule 8.104(a); it does not shorten the time to appeal. If the normal time to appeal stated in rule 8.104(a) is longer than the time provided in this rule, the time to appeal stated in rule 8.104(a) governs.

(Subd (a) adopted effective January 1, 2008.)

(b)Motion for new trial

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If any party serves and files a valid notice of intention to move for a new trial, the following extensions of time apply:

(1) If the motion for a new trial is denied, the time to appeal from the judgment is extended for all parties until the earliest of:

(A) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

(B) 30 days after denial of the motion by operation of law; or

(C) 180 days after entry of judgment.

(2) If the trial court makes a finding of excessive or inadequate damages and grants the motion for a new trial subject to the condition that the motion is denied if a party consents to the additur or remittitur of damages, the time to appeal is extended as follows:

(A) If a party serves an acceptance of the additur or remittitur within the time for accepting the additur or remittitur, the time to appeal from the judgment is extended for all parties until 30 days after the date the party serves the acceptance.

(B) If a party serves a rejection of the additur or remittitur within the time for accepting the additur or remittitur or if the time for accepting the additur or remittitur expires, the time to appeal from the new trial order is extended for all parties until the earliest of 30 days after the date the party serves the rejection or 30 days after the date on which the time for accepting the additur or remittitur expired.

(Subd (b) amended effective July 1, 2012; adopted as subd (a); previously amended and relettered effective January 1, 2008; previously amended effective January 1, 2011.)

(c)Motion to vacate judgment

If, within the time prescribed by rule 8.104 to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment, the time to appeal from the judgment is extended for all parties until the earliest of:

(1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

(2) 90 days after the first notice of intention to move-or motion-is filed; or

(3) 180 days after entry of judgment.

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(Subd (c) amended effective January 1, 2011; adopted as subd (b); previously amended effective January 1, 2007; previously relettered effective January 1, 2008.)

(d)Motion for judgment notwithstanding the verdict

(1) If any party serves and files a valid motion for judgment notwithstanding the verdict and the motion is denied, the time to appeal from the judgment is extended for all parties until the earliest of:

(A) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

(B) 30 days after denial of the motion by operation of law; or

(C) 180 days after entry of judgment.

(2) Unless extended by (g)(2), the time to appeal from an order denying a motion for judgment notwithstanding the verdict is governed by rule 8.104.

(Subd (d) amended effective January 1, 2015; adopted as subd (c); previously amended effective January 1, 2007; previously relettered as subd (d) effective January 1, 2008; previously amended effective January 1, 2007, and January 1, 2011.)

(e)Motion to reconsider appealable order

If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until the earliest of:

(1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

(2) 90 days after the first motion to reconsider is filed; or

(3) 180 days after entry of the appealable order.

(Subd (e) amended effective January 1, 2011; adopted as subd (d); previously relettered effective January 1, 2008.)

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(f)Public entity actions under Government Code section 962, 984, or 985

If a public entity defendant serves and files a valid request for a mandatory settlement conference on methods of satisfying a judgment under Government Code section 962, an election to pay a judgment in periodic payments under Government Code section 984 and rule 3.1804, or a motion for a posttrial hearing on reducing a judgment under Government Code section 985, the time to appeal from the judgment is extended for all parties until the earliest of:

(1) 90 days after the superior court clerk serves the party filing the notice of appeal with a document entitled "Notice of Entry" of judgment, or a filed-endorsed copy of the judgment, showing the date either was served;

(2) 90 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or

(3) 180 days after entry of judgment.

(Subd (f) amended effective January 1, 2016; adopted effective January 1, 2011.)

(g)Cross-appeal

(1) If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until 20 days after the superior court clerk serves notification of the first appeal.

(2) If an appellant timely appeals from an order granting a motion for new trial, an order granting-within 150 days after entry of judgment-a motion to vacate the judgment, or a judgment notwithstanding the verdict, the time for any other party to appeal from the original judgment or from an order denying a motion for judgment notwithstanding the verdict is extended until 20 days after the clerk serves notification of the first appeal.

(Subd (g) amended and relettered effective January 1, 2011; adopted as subd (e); previously relettered as subd (f) effective January 1, 2008.)

(h)Service; proof of service

Service under this rule may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261. An order or notice that is served must be accompanied by proof of service.

(Subd (h) amended and relettered effective January 1, 2011; adopted as subd (f); previously relettered as subd (g) effective January 1, 2008.)

Rule 8.108 amended effective January 1, 2016; repealed and adopted as rule 3 effective January 1, 2002; previously amended and renumbered as rule 8.108 effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2011, July 1, 2012, and January 1, 2015.

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Advisory Committee Comment

Subdivisions (b)-(f) operate only when a party serves and files a "valid" motion, election, request, or notice of intent to move for the relief in question. As used in these provisions, the word "valid" means only that the motion, election, request, or notice complies with all procedural requirements; it does not mean that the motion, election, request, or notice must also be substantively meritorious. For example, under the rule a timely new trial motion on the ground of excessive damages (Code Civ. Proc., § 657) extends the time to appeal from the judgment even if the trial court ultimately determines the damages were not excessive. Similarly, a timely motion to reconsider (id., § 1008) extends the time to appeal from an appealable order for which reconsideration was sought even if the trial court ultimately determines the motion was not "based upon new or different facts, circumstances, or law," as subdivision (a) of section 1008 requires.

Subdivision (b). Subdivision (b)(1) provides that the denial of a motion for new trial triggers a 30-day extension of the time to appeal from the judgment beginning on the date that the superior court clerk or a party serves either the order of denial or a notice of entry of that order. This provision is intended to eliminate a trap for litigants and to make the rule consistent with the primary rule on the time to appeal from the judgment (rule 8.104(a)).

Subdivision (c). The Code of Civil Procedure provides two distinct statutory motions to vacate a judgment: (1) a motion to vacate a judgment and enter "another and different judgment" because of judicial error (id., § 663), which requires a notice of intention to move to vacate (id., § 663a); and (2) a motion to vacate a judgment because of mistake, inadvertence, surprise, or neglect, which requires a motion to vacate but not a notice of intention to so move (id., § 473, subd. (b)). The courts also recognize certain nonstatutory motions to vacate a judgment, e.g., when the judgment is void on the face of the record or was obtained by extrinsic fraud. (See 8 Witkin, Cal. Procedure (4th ed. 1997) Attack on Judgment in Trial Court, §§ 222-236, pp. 726-750.) Subdivision (c) is intended to apply to all such motions.

In subdivision (c) the phrase "within the time prescribed by rule 8.104 to appeal from the judgment" is intended to incorporate in full the provisions of rule 8.104(a).

Under subdivision (c)(1), the 30-day extension of the time to appeal from the judgment begins when the superior court clerk or a party serves the order denying the motion or notice of entry of that order. This provision is discussed further under subdivision (b) of this comment.

Subdivision (d). Subdivision (d)(1) provides an extension of time after an order denying a motion for judgment notwithstanding the verdict regardless of whether the moving party also moved unsuccessfully for a new trial.

Subdivision (d) further specifies the times to appeal when, as often occurs, a motion for judgment notwithstanding the verdict is joined with a motion for new trial and both motions are denied. Under subdivision (b), the appellant has 30 days after notice of the denial of the new trial motion to appeal from the judgment. Subdivision (d) allows the appellant the longer time provided by rule 8.104 to appeal from the order denying the motion for judgment notwithstanding the verdict, subject to that time being further extended in the circumstances covered by subdivision (g)(2).

Under subdivision (d)(1)(A), the 30-day extension of the time to appeal from the judgment begins when the superior court clerk or a party serves the order denying the motion or notice of entry of that order. This provision is discussed further under subdivision (b) of this comment.

Subdivision (e). The scope of subdivision (e) is specific. It applies to any "appealable order," whether made before or after judgment (see Code Civ. Proc., § 904.1, subd. (a)(2)-(12)), but it extends only the time to appeal "from that order." The subdivision thus takes no position on whether a judgment is subject to a motion to reconsider (see, e.g., Ramon v. Aerospace Corp. (1996) 50 Cal.App.4th 1233, 1236-1238 [postjudgment motion to reconsider order granting summary judgment did not extend time to appeal from judgment because trial court had no power to rule on such motion after entry of judgment]), or whether an order denying a motion to reconsider is itself appealable (compare Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702, 710-711 [order appealable if motion based on new facts] with Rojes v. Riverside General Hospital (1988) 203 Cal.App.3d 1151, 1160-1161 [order not appealable under any circumstances]). Both these issues are legislative matters.

Subdivision (e) applies only when a "party" makes a valid motion to "reconsider" an appealable order under subdivision (a) of Code of Civil Procedure section 1008; it therefore does not apply when a court reconsiders an order on its own motion (id., subd. (d)) or when a party makes "a subsequent application for the same order" (id., subd. (c)). The statute provides no time limits within which either of the latter events must occur.

Under subdivision (e)(1), the 30-day extension of the time to appeal from the order begins when the superior court clerk or a party serves the order denying the motion or notice of entry of that order. The purpose of this provision is discussed further under subdivision (b) of this comment.

Among its alternative periods of extension of the time to appeal, subdivision (e) provides in paragraph (2) for a 90-day period beginning on the filing of the motion to reconsider or, if there is more than one such motion, the filing of the first such motion. The provision is consistent with subdivision (c)(2), governing motions to vacate judgment; as in the case of those motions, there is no time limit for a ruling on a motion to reconsider.

Subdivision (g). Consistent with case law, subdivision (g)(1) extends the time to appeal after another party appeals only if the later appeal is taken "from the same order or judgment as the first appeal." (Commercial & Farmers Nat. Bank v. Edwards (1979) 91 Cal.App.3d 699, 704.)

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The former rule (former rule 3(c), second sentence) provided an extension of time for filing a protective cross-appeal from the judgment when the trial court granted a motion for new trial or a motion to vacate the judgment, but did not provide the same extension when the trial court granted a motion for judgment notwithstanding the verdict. One case declined to infer that the omission was unintentional, but suggested that the Judicial Council might consider amending the rule to fill the gap. (Lippert v. AVCO Community Developers, Inc. (1976) 60 Cal.App.3d 775, 778 & fn. 3.) Rule 8.108(e)(2) fills the gap thus identified.

Subdivision (h). Under subdivision (h), an order or notice that is served under this rule must be accompanied by proof of service. The date of the proof of service establishes the date when an extension of the time to appeal begins to run after service of such an order or notice.

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FAQs

How many pages can a reply brief be in California? ›

No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.

What does Remittitur mean in court? ›

Latin for “to send back, to remit.” The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.

How long can reply briefs be in California? ›

(1) If produced on a computer, an opening or answering brief on the merits must not exceed 14,000 words, including footnotes, and a reply brief on the merits must not exceed 8,400 words, including footnotes.

What is the maximum number of words for the petition for review? ›

(1) If produced on a computer, a petition or answer must not exceed 8,400 words, including footnotes, and a reply must not exceed 4,200 words, including footnotes. Each petition, answer, or reply must include a certificate by appellate counsel or an unrepresented party stating the number of words in the document.

Do judges read reply briefs? ›

A little- known fact about the judicial process is that a number of judges and law clerks read reply briefs before reading any other brief to get a sense of what the case is about and what issues are paramount.

Can you introduce new evidence in a reply brief California? ›

The purpose of a reply brief is to address arguments made in the Opposition; it may not be used to raise new arguments, present new authorities, or introduce new evidence.

What is a Mooney motion in court? ›

Mooney asks leave to file petition for an original writ of habeas corpus. He states that he is unlawfully restrained of his liberty by the state of California under a commitment pursuant to a conviction, in February, 1917, of murder in the first degree and sentence of death subsequently commuted to life imprisonment.

What does a R stand for in court cases? ›

Accelerated rehabilitation (AR):

The person is placed on probation for a period of time. If the probation is completed satisfactorily, the charges will be dismissed.

What does R mean in court proceedings? ›

R. The letter R commonly represents Regina, the latin term for the Queen. In criminal proceedings, “R” refers to the Crown or the Commonwealth.

How long does a plaintiff have to respond to an answer in California? ›

You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.

Are emails admissible in court California? ›

Unfortunately, not all emails are admissible as evidence in a business litigation case. Emails can be used as admissible evidence in a court of law if they're found to be authentic. Once they fit the criteria, the emails can be treated as legal documents.

Can emails be used in court in California? ›

It must be relevant. It must be authenticated. Its contents must not be inadmissible hearsay (able to be disproven as fake). It must withstand a “best evidence” objection.

What is the success rate of review petition? ›

Thus, a review petition is maintainable only on limited grounds. No official data is available but sources reveal that the success rate of Review Petitions in the Apex Court is less than 0.1 per cent.

What percent of petitions make it to the Supreme Court? ›

While the justices grant only the tiniest percentage of petitions – about 1% of all petitions and about 4% of petitions filed by paying petitioners – relisted cases fare far, far better.

Can a review petition be heard by another judge? ›

Review petitions are heard, as far as practicable, by the same combination of judges who delivered the order or judgment that is sought to be reviewed. If a judge has retired or is unavailable, a replacement is made keeping in mind the seniority of judges.

What should you not say to a judge? ›

Most judges can sense when a witness is stretching the truth, and they do not appreciate it. Also, avoid statements like “honestly” or “to tell you the truth.” Everything you say to a judge should be honest and truthful.

How do you win a judge's favor? ›

How to Persuade a Judge
  1. Your arguments must make logical sense. ...
  2. Know your audience.
  3. Know your case.
  4. Know your adversary's case.
  5. Never overstate your case. ...
  6. If possible lead with the strongest argument.
  7. Select the most easily defensible position that favors your case.
  8. Don't' try to defend the indefensible.
1 Nov 2008

Do judges get emotional? ›

The judicial context

Further, judges can often experience negative emotions like anger, sadness or fear, because of the emotions experienced by others in their courtroom.

Is new evidence allowed in a rebuttal? ›

In law, special rules apply to rebuttal; rebuttal evidence or rebuttal witnesses must be confined solely to the subject matter of the evidence rebutted. New evidence on other subjects may not be brought in rebuttal.

What is the best evidence rule California? ›

The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.

What do you say before giving evidence in court? ›

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

What is a Williams motion? ›

A complementary motion, known as “Williams” based on People v. Williams (1999) 20 Cal. 4th 119, 128- 138, which held that a defendant need only allege that a search was unreasonable because it was conducted without the benefit of a warrant.

What is Clayton motion? ›

Clayton motion (plural Clayton motions) (US, law) A motion to dismiss a case in the interest of justice.

What is a Humphries motion? ›

The Humphrey decision requires action in order to prevent the unconstitutional pretrial detention of people in the jails.

What does the V mean in law? ›

In common law countries with an adversarial system of justice, the names of the opposing parties are separated in the case title by the abbreviation v (usually written as v in Commonwealth countries and usually as v. in the U.S.) of the Latin word versus, which means against.

What does Rex mean in law? ›

[Latin, The king.] The phrase used to designate the king as the party prosecuting an accused in a criminal action, such as an action entitled Rex v. Doe.

What does SAO mean in court? ›

SAO means a Senior Adjudicative Officer with an appropriate skill set and demonstrated experience in the field of law and/or dispute resolution who is appointed by the GIO to recommend the resolution of the Complaint, as described herein; Sample 1Sample 2Sample 3.

What does JJ mean in law? ›

Decisions can differ between judges or magistrates

Use these abbreviations: J (Justice) JJ (Justices) CJ (Chief Justice) ACJ (Acting Chief Justice)

What does P stand for in law? ›

P. ¶ (Pilcrow) — Paragraph.

How long can a civil case stay open in California? ›

Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. Statutes can be extended (“tolled”) for various reasons.

When should the plaintiff file a reply? ›

However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document. Section 1.

How many days a claimant can file a reply after receiving an answer from a summoned party? ›

This is clearly to be deduced from the very terms of the summons which served as the basis for the default order and judgment, terms which conclude thus: "If you fail to do so (to file and serve the answer to the complaint within 15 days after service of summons), judgment by default will be taken against you for the ...

Can screenshots of text messages be used in court? ›

(§ 901(b)(11) ). You can authenticate text messages by presenting: a “copy,” a screenshot, photo, or print-out of the message that includes identifying information that links the message to the texter, and. testimony or affidavit that the copy is a true and accurate representation of the text messages.

Can screenshots of text messages be used in court in California? ›

As such, California law requires text messages to be authenticated before being admitted to court. Several California laws dictate how electronic communications can be authenticated.

Can you use recordings as evidence in California? ›

Admissibility of Recorded Conversations in California

Typically, recorded conversations are inadmissible in court as hearsay. However, California allows an illegally recorded conversation to be admitted as evidence in criminal cases, provided it falls within a hearsay exception.

Are texts admissible in California court? ›

For a text message to be used as evidence in California Divorce Court, it must be authenticated, meaning that the other party must admit to sending the message, a witness must testify that they have seen the message being created or reply authentication must be demonstrated.

Is a text message legally binding in California? ›

California Law: Statute of Frauds and Electronic Signatures

California's Statute of Frauds expressly excludes text messages and similar forms of electronic messages from those writings which may serve as evidence of an agreement.

Are texts admissible in court? ›

Text messages can also be admitted, for instance, as circumstantial evidence under the documents in possession rule,for the non-hearsay purpose of connecting the accused to a location, transactions, or people, or demonstrating knowledge, state of mind and so on.

Can a review petition be challenged? ›

only review order can be challenged.

How many judicial review cases are successful? ›

This means that a judge has found that a case does not have a reasonable prospect of success, and therefore does not permit the claim to move beyond the “permission” stage to a full judicial review hearing. Of those claimants who are given permission to proceed, only 30% are then successful following a full hearing.

What is the difference between review petition and revision petition? ›

The review is made by the same court which has passed the decree to rectify the mistake or error on the record. Revision application is made to only High court when the decree passed by subordinate court is not in accordance with appropriate jurisdictions.

What makes a petition successful? ›

The strongest kind of petitions include a clear ask and a strong position on the issue. Petitions that are mailed are less effective than petitions delivered by a large number of people with coverage from the media. Make sure that all signers live in your district.

What are the most signed petitions? ›

Justice for George Floyd

What happens when a petition gets 100000 signatures? ›

After 10,000 signatures, petitions get a response from the government. After 100,000 signatures, petitions are considered for debate in Parliament.

Can a judge overrule a decision? ›

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

What do judges look for when they review a case? ›

In reviewing a case, the appellate judges determine if the law was applied correctly to the case. This process includes reviewing the application of procedural law and substantive law.

How many pages should a brief be? ›

To be effective the length of an issue brief should be no more than two pages (front and back of one sheet of paper). That is why they are sometimes referred to as one-pagers.

How many pages should a legal brief be? ›

Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them. Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice.

How many pages is a legal brief? ›

(c) Length

(2) Except as provided in (5), a brief produced on a typewriter must not exceed 50 pages.

What is allowed in a reply brief? ›

What to include This is what the appellant can do in the argument: address legal issues and arguments raised in the respondent's brief. show how the respondent did not successfully argue against the legal issues raised in the appellant's opening brief. address new legal authorities included in the respondent's brief.

How long is a brief answer? ›

The Brief Answer concisely and precisely applies the rule to the key, determinative facts in summary of the larger application from the Discussion. The Brief Answer avoids a detailed rule application. The Brief Answer is no longer than a moderate length paragraph.

What is the most important part of a brief? ›

Explain your objectives

This is probably the most important part of the brief, and it's essential that you think through your strategy and objectives completely before you get the project underway. Why do you need this project?

What makes a good brief? ›

Keep it short and sweet – be as brief as you can be.

With that in mind, a brief doesn't have to include all of the available information. The document should be clear, easy to scan, and actionable – it should take no more than 5 minutes to understand the project and its objectives.

How do you write a strong legal brief? ›

A legal brief should include:
  1. The name of the case.
  2. The names of the parties involved.
  3. The current stage of litigation.
  4. The legal issue being addressed.
  5. Relevant facts of the case.
  6. The rule of law applied.
  7. Your argument.
  8. A conclusion.
4 Mar 2022

What are the six elements of a legal brief? ›

A comprehensive brief includes the following elements:
  • Title and Citation.
  • Facts of the Case.
  • Issues.
  • Decisions (Holdings)
  • Reasoning (Rationale)
  • Separate Opinions.
  • Analysis.

What is the first page of a legal brief called? ›

An important element of the legal brief format is the cover. The first item that will be read by the justices, the cover not only provides basic information about the case, it can also convey subtly profound cues about the quality of the argument contained within the pages.

How long should your case brief be at the most? ›

Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents. Your brief should not exceed 600 words, excluding concurrences and dissents.

How long is the average legal brief? ›

Statistics on the average length of appellate briefs don't seem to exist, but it seems a reasonable estimate that most briefs probably fall within a range of 8,000 to 12,000 words.

What is the title in a legal brief? ›

The title page is the front page of your brief and it contains the case name, the appellate court case number, the lower court and its case number from which the case is being appealed, and a signature block.

Does a reply brief need a table of contents? ›

A reply brief must contain a table of contents, with page references, and a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the reply brief where they are cited.

Does a reply brief need an introduction? ›

It is recommended you start the reply brief with a short introduction summarizing the arguments you made in the opening brief, the arguments the Attorney General made in the respondent's brief, and why your arguments are more persuasive.

How many pages can an opposition to a motion be in California? ›

Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.

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