California Rule of Court 8.548 governs when the California Supreme Court will answer specific questions of California law certified to it by federal courts or courts of other jurisdictions, allowing these courts to get clarity on unsettled state law issues that affect cases pending before them, especially when there's no controlling state precedent, ensuring proper application of state law in federal cases.
New Authorities. If a party learns of significant new authority, including new legislation, that was not available in time to be included in the last brief that the party filed or could have filed, the party may inform the Court of Appeal of this authority by letter.
Filing the appeal; certificate of probable cause. (1) To appeal from a judgment or an appealable order of the superior court in a felony case-other than a judgment imposing a sentence of death-the defendant or the People must file a notice of appeal in that superior court.
Even when filing a paper document is permissible, a court may provide by local rule for the submission of an electronic copy of the paper document either in addition to the copies of the document required to be filed under (a) or (b) or as a substitute for one or more of these copies.
You can report or challenge a frivolous lawsuit by filing a motion for sanctions under California Code of Civil Procedure §128.7. This motion asks the court to review the claims, require corrections, or impose penalties if the lawsuit lacks merit.
Under federal law, an employer can round down working time lasting seven minutes or less. This can be disappointing, but the California Court of Appeals indicates that employees should at least break even in a rounding system if they work long enough.
Medical records that attest to the victim's injuries or diagnosis of mental health conditions, such as PTSD, anxiety, and depression, are among the most important pieces of evidence that prove emotional distress in court.
The “5-year rule” in California refers to summary dissolution, which is a simplified process for ending a marriage or domestic partnership without a formal court hearing. Its hope is to be a fast and less expensive option for couples who meet the specific criteria.
You have 60 days from when you filed the lawsuit to have the papers served and to file proof with the court it was done. The court can give you more time to serve the defendant, but you need to be actively trying to have the papers served.
Rehearing. (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.
Opposition and amicus curiae briefs. (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.
Oral argument and submission of the cause. (1) Each Court of Appeal and division must hold a session at least once each quarter. (2) A Court of Appeal may hold sessions at places in its district other than the court's permanent location.
Rule 8.46 covers sealing and unsealing records in the Court of Appeal, and the procedures for filing documents that disclose information from sealed records.
States the decisions of an appeals court when the appeals court wants to review the juvenile court's decision to stop efforts to return the child to a parent's home, and to set a hearing to select a permanent plan for the child.
Rule 8.204(a)(1)(C) requires that any reference to a matter in the record be supported by “a citation to the volume and page number of the record where the matter appears.” Courts of appeal have often emphasized the importance of this rule and voiced their displeasure with noncompliance.
Judicial notice; findings and evidence on appeal. (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order.
The hardest injuries to prove are often soft tissue injuries (like whiplash), chronic pain conditions (like fibromyalgia), and psychological trauma (like PTSD), because they lack clear physical evidence on standard scans (X-rays, MRIs) and rely heavily on subjective symptoms and documentation, making them challenging to link directly to an accident for insurance or legal claims. Internal injuries or mild traumatic brain injuries (mTBI) can also be difficult as symptoms might not appear immediately or show on initial tests.
The biggest mistake in a custody battle is losing sight of the child's best interests by prioritizing parental conflict, anger, or revenge, which courts view very negatively. This often manifests as bad-mouthing the other parent, alienating the child, refusing to cooperate, or involving the child in disputes, all of which signal poor co-parenting and harm the case.
If you're suing a person (or people)—not a business or government—serve each person you are suing. They have to be served in California. If you're suing a business or government, there is a specific person you must serve, not just any employee.
Pretrial Motions: Dismissal Before Trial
Common grounds include: Failure to state facts sufficient to constitute a cause of action (§ 430.10(e)) Lack of jurisdiction over subject matter or person (§ 430.10(a)-(b)) Uncertainty or ambiguity in pleadings (§ 430.10(f))
Documents not signed under penalty of perjury are deemed signed by the electronic filer. (Cal. Rules of Court, rule 8.75(b)(1).) The electronic filer includes the “person filing the document in electronic form directly with the court, by an agent, or through an electronic filing service provider.” (Cal.
California's six-month waiting period for divorce is a mandatory “cooling-off” period that begins the day the respondent is served with the divorce petition and must pass before a court can finalize the dissolution of marriage.
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
Know the 5 signs of Emotional Suffering