Rules 8.1000-8.1018 govern the transfer of cases within the appellate jurisdiction of the superior court-other than appeals in small claims cases-to the Court of Appeal. Unless the context requires otherwise, the term "case" as used in these rules means cases within that jurisdiction.
California Rules of Court, rule 8.1120(a) permits any person to request publication. It does not specify who may oppose it or provide any procedure for doing so.
2023 California Rules of Court
(1) On petition of a party or on its own motion, a reviewing court may order rehearing of any decision that is not final in that court on filing. (2) An order for rehearing must be filed before the decision is final.
Rule 8.160 of the California Rules of Court applies to sealed records in civil appeals, and subdivision (g) provides: “A record filed publicly in a reviewing court must not disclose material contained in a record that is sealed, lodged conditionally under seal, Page 2 2 or subject to a pending motion to seal.” “Record, ...
(1) A brief produced on a computer must not exceed 6,800 words, including footnotes. Such a brief must include a certificate by appellate counsel or an unrepresented party 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.
The rule specifies that "any party" may file a supplemental opening brief, and if such a brief is filed, "any opposing party" may file a supplemental responding brief. In this context the phrase "any party" is intended to mean any or all parties.
Within 20 days after the record is filed in the reviewing court, a party that has not purchased its own copy of the record may request another party, in writing, to lend it that party's copy of the record. The other party must then lend its copy of the record when it serves its brief.
Rule 8.278 - Costs on appeal (a)Award of costs (1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal.
(1) In exercising its discretion to grant or deny the request, the Supreme Court may consider whether resolution of the question is necessary to secure uniformity of decision or to settle an important question of law, and any other factor the court deems appropriate.
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
Rule 8.29 refers to statutes that require a party to serve documents on a nonparty public officer or agency. For a list of examples of such statutory requirements, please see the Civil Case Information Statement (form APP-004).
(1) In a civil case, counsel must deliver to his or her client or clients a copy of any stipulation or application to extend time that counsel files. Counsel must attach evidence of such delivery to the stipulation or application, or certify in the stipulation or application that the copy has been delivered.
(1) A party may move that the reviewing court take evidence. (C) Give notice of the time and place for taking the evidence. (3) For documentary evidence, a party may offer an electronic copy, or if filed in paper form, the original, a certified copy, or a photocopy.
The clerk/executive officer of the Court of Appeal must send a notice of the time and place of oral argument to all parties at least 20 days before the argument date.
(1) Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver.
(a) Award of costs
(A) Unless otherwise ordered by the court under (B), the prevailing party in an original proceeding is entitled to costs if the court resolves the proceeding by written opinion after issuing an alternative writ, an order to show cause, or a peremptory writ in the first instance.
The law firm, corporation, or public law office representing each party must designate one attorney to receive notices and other communication in the case from the court by placing an asterisk before that attorney's name on the cover and must provide the contact information specified under (1) for that attorney.
3.1382. A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading.
(CRC Rules 8.512, 8.516) If the Supreme Court grants review or the rendering court grants a rehearing, the Court of Appeal's opinion is automatically superseded and no longer considered published.
Rule 9.47 of the California Rules of Court allows non-litigating attorneys to practice in a transaction or other non-litigation matter. The rule does not limit the scope of activities by out-of-state attorneys that are permissible under existing law.
Pursuant to this statute and California Rules of Court, rule 8.332, the names, addresses, and telephone numbers of trial jurors and alternates who were sworn to hear the case must be redacted from all documents.
If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law.
In addition to the language required by Business and Professions Code section 6067, the oath to be taken by every person on admission to practice law is to conclude with the following: "As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity."
(1) Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court's electronic filing system and to other users of that system; (2) Furnish one or more electronic service addresses, in the manner specified by the court, at which the electronic ...
2023 California Rules of Court
(1) Any person may request the Supreme Court to order that an opinion certified for publication not be published. (2) The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.