Title Eight Rules

California Rules of Court

(Revised January 1, 2013)

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Title 8. Appellate Rules

Division 1. Rules Relating to the Supreme Court and Courts of Appeal

Chapter 1. General Provisions

Article 1. In General

Rule 8.1. Title

Rule 8.4. Application of division

Rule 8.7. Construction

Rule 8.10. Definitions and use of terms

Rule 8.13. Amendments to rules

Rule 8.16. Amendments to statutes

Rule 8.18. Documents violating rules not to be filed

Rule 8.20. California Rules of Court prevail

Rule 8.23. Sanctions to compel compliance

Article 2. Service, Filing, Filing Fees, Form, and Number of Documents

Rule 8.25. Service, filing, and filing fees

Rule 8.26. Waiver of fees and costs

Rule 8.29. Service on nonparty public officer or agency

Rule 8.32. Address and other contact information of record; notice of change

Rule 8.36. Substituting parties; substituting or withdrawing attorneys

Rule 8.40. Form of filed documents

Rule 8.44. Number of copies of filed documents

Rule 8.46. Sealed records

Article 3. Applications and Motions; Extending and Shortening Time

Rule 8.50. Applications

Rule 8.54. Motions

Rule 8.57. Motions before the record is filed

Rule 8.60. Extending time

Rule 8.63. Policies and factors governing extensions of time

Rule 8.66. Extending time because of public emergency

Rule 8.68. Shortening time

Article 4. E-filing

Division 1. Rules Relating to the Supreme Court and Courts of Appeal- Chapter 1. General Provisions-Article 4. E-filing amended effective January 1, 2012.

Rule 8.70. Purpose, application, construction, and definitions

Former rule 8.71. Definitions [Repealed]

Rule 8.71. Electronic service

Rule 8.72. Documents that may be filed electronically

Rule 8.73. Court order requiring electronic service or filing

Rule 8.74. Responsibilities of court

Rule 8.75. Contracts with electronic filing service providers

Rule 8.76. Responsibilities of electronic filer

Rule 8.77. Requirements for signatures on documents

Rule 8.78. Payment of filing fees

Rule 8.79. Actions by court on receipt of electronic filing

Rule 8.80. Renumbered effective January 1, 2011

Chapter 2. Civil Appeals

Article 1. Taking the Appeal

Rule 8.100. Filing the appeal

Rule 8.104. Time to appeal

Rule 8.108. Extending the time to appeal

Rule 8.112. Petition for writ of supersedeas

Rule 8.116. Request for writ of supersedeas or temporary stay

Article 2. Record on Appeal

Rule 8.120. Record on appeal

Rule 8.121. Notice designating the record on appeal

Rule 8.122. Clerk's transcript

Rule 8.123. Record of administrative proceedings

Rule 8.124. Appendixes

Rule 8.128. Superior court file instead of clerk's transcript

Rule 8.130. Reporter's transcript

Rule 8.134. Agreed statement

Rule 8.137. Settled statement

Rule 8.140. Failure to procure the record

Rule 8.144. Form of the record

Rule 8.147. Record in multiple or later appeals in same case

Rule 8.150. Filing the record

Rule 8.153. Lending the record

Rule 8.155. Augmenting and correcting the record

Former rule 8.160. Renumbered effective January 1, 2010

Rule 8.163. Presumption from the record

Article 3. Briefs in the Court of Appeal

Rule 8.200. Briefs by parties and amici curiae

Rule 8.204. Contents and form of briefs

Rule 8.208. Certificate of Interested Entities or Persons

Rule 8.212. Service and filing of briefs

Rule 8.216. Appeals in which a party is both appellant and respondent

Rule 8.220. Failure to file a brief

Rule 8.224. Transmitting exhibits

Article 4. Hearing and Decision in the Court of Appeal

Rule 8.240. Calendar preference

Rule 8.244. Settlement, abandonment, voluntary dismissal, and compromise

Rule 8.248. Prehearing conference

Rule 8.252. Judicial notice; findings and evidence on appeal

Rule 8.254. New Authorities

Rule 8.256. Oral argument and submission of the cause

Rule 8.260. Opinions [Reserved]

Rule 8.264. Filing, finality, and modification of decision

Rule 8.268. Rehearing

Rule 8.272. Remittitur

Rule 8.276. Sanctions

Rule 8.278. Costs on appeal

Chapter 3. Criminal Appeals

Article 1. Taking the Appeal

Rule 8.300. Appointment of appellate counsel by the Court of Appeal

Rule 8.304. Filing the appeal; certificate of probable cause

Rule 8.308. Time to appeal

Rule 8.312. Stay of execution and release on appeal

Rule 8.316. Abandoning the appeal

Article 2. Record on Appeal

Rule 8.320. Normal record; exhibits

Rule 8.324. Application in superior court for addition to normal record

Rule 8.328. Confidential records

Rule 8.332. Juror-identifying information

Rule 8.336. Preparing, certifying, and sending the record

Rule 8.340. Augmenting or correcting the record in the Court of Appeal

Rule 8.344. Agreed statement

Rule 8.346. Settled statement

Article 3. Briefs, Hearing, and Decision

Rule 8.360. Briefs by parties and amici curiae

Rule 8.361. Certificate of interested entities or persons

Rule 8.366. Hearing and decision in the Court of Appeal

Rule 8.368. Hearing and decision in the Supreme Court

Chapter 4. Habeas Corpus Appeals and Writs

Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney

Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party

Rule 8.385. Proceedings after the petition is filed

Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court

Rule 8.387. Decision in habeas corpus proceedings

Rule 8.388. Appeal from order granting relief by writ of habeas corpus

Chapter 5. Juvenile Appeals and Writs

Article 1. General provisions

Rule 8.400. Application

Rule 8.401. Confidentiality

Article 2. Appeals

Rule 8.403. Right to appointment of appellate counsel and prerequisites for appeal

Former rule 8.404. Renumbered effective July 1, 2010

Rule 8.404. Stay pending appeal

Rule 8.405. Filing the appeal

Former rule 8.406. Renumbered effective July 1, 2010

Rule 8.406. Time to appeal

Rule 8.407. Record on appeal

Former rule 8.408. Renumbered effective July 1, 2010

Rule 8.408. Record in multiple appeals in the same case

Rule 8.409. Preparing and sending the record

Rule 8.410. Augmenting and correcting the record in the reviewing court

Rule 8.411. Abandoning the appeal

Rule 8.412. Briefs by parties and amici curiae

Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule

Article 3. Writs

Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

Rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights

Rule 8.456. Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights

Article 4. Hearing and Decision

Rule 8.470. Hearing and decision in the Court of Appeal

Rule 8.472. Hearing and decision in the Supreme Court

Rule 8.474. Procedures and data

Chapter 6. Conservatorship Appeals

Rule 8.480. Appeal from order establishing conservatorship

Rule 8.482. Appeal from judgment authorizing conservator to consent to sterilization of conservatee

Chapter 7. Writs of Mandate, Certiorari, and Prohibition in the Supreme Court and Court of Appeal

Rule 8.485 Application

Rule 8.486. Petitions

Rule 8.487. Opposition and Attorney General amicus briefs

Rule 8.488. Certificate of Interested Entities or Persons

Rule 8.489. Notice to trial court

Rule 8.490. Filing, finality, and modification of decisions; remittitur

Rule 8.491. Responsive pleading under Code of Civil Procedure section 418.10

Rule 8.492. Sanctions

Rule 8.493. Costs

Chapter 8. Miscellaneous Writs

Rule 8.495. Review of Workers' Compensation Appeals Board cases

Rule 8.496. Review of Public Utilities Commission cases

Rule 8.497. Review of California Environmental Quality Act cases under Public Resources Code sections 21178-21189.3

Rule 8.498. Review of Agricultural Labor Relations Board and Public Employment Relations Board cases

Rule 8.499. Filing, modification, and finality of decision; remittitur

Chapter 9. Proceedings in the Supreme Court

Rule 8.500. Petition for review

Rule 8.504. Form and contents of petition, answer, and reply

Rule 8.508. Petition for review to exhaust state remedies

Rule 8.512. Ordering review

Rule 8.516. Issues on review

Rule 8.520. Briefs by parties and amici curiae; judicial notice

Rule 8.524. Oral argument and submission of the cause

Rule 8.528. Disposition

Rule 8.532. Filing, finality, and modification of decision

Rule 8.536. Rehearing

Rule 8.540. Remittitur

Rule 8.544. Costs and sanctions

Rule 8.548. Decision on request of a court of another jurisdiction

Rule 8.552. Transfer for decision

Chapter 10. Appeals From Judgments of Death

Article 1. General Provisions

Rule 8.600. In general

Rule 8.605. Qualifications of counsel in death penalty appeals and habeas corpus proceedings

Article 2. Record on Appeal

Rule 8.610. Contents and form of the record

Rule 8.613. Preparing and certifying the record of preliminary proceedings

Rule 8.616. Preparing the trial record

Rule 8.619. Certifying the trial record for completeness

Rule 8.622. Certifying the trial record for accuracy

Rule 8.625. Certifying the record in pre-1997 trials

Article 3. Briefs, Hearing, and Decision

Rule 8.630. Briefs by parties and amicus curiae

Rule 8.631. Applications to file overlength briefs in appeals from a judgment of death

Rule 8.634. Transmitting exhibits; augmenting the record in the Supreme Court

Rule 8.638. Oral argument and submission of the cause

Rule 8.642. Filing, finality, and modification of decision; rehearing; remittitur

Division 2. Rules Relating to the Superior Court Appellate Division

Chapter 1. General Rules Applicable to Appellate Division Proceedings

Rule 8.800. Application of division

Rule 8.802. Construction

Rule 8.804. Definitions

Rule 8.805. Amendments to rules and statutes

Rule 8.806. Applications

Rule 8.808. Motions

Rule 8.809. Judicial notice

Rule 8.810. Extending time

Rule 8.811. Policies and factors governing extensions of time

Rule 8.812. Relief from default

Rule 8.813. Shortening time

Rule 8.814. Substituting parties; substituting or withdrawing attorneys

Rule 8.816. Address and other contact information of record; notice of change

Rule 8.817. Service and filing

Rule 8.818. Waiver of fees and costs

Rule 8.819. Sealed records

Chapter 2. Appeals and Records in Limited Civil Cases

Article 1. Taking Civil Appeals

Rule 8.820. Application of chapter

Rule 8.821. Notice of appeal

Rule 8.822. Time to appeal

Rule 8.823. Extending the time to appeal

Rule 8.824. Writ of supersedeas

Rule 8.825. Abandonment, voluntary dismissal, and compromise

Article 2. Record in Civil Appeals

Rule 8.830. Record on appeal

Rule 8.831. Notice designating the record on appeal

Rule 8.832. Clerk's transcript

Rule 8.833. Trial court file instead of clerk's transcript

Rule 8.834. Reporter's transcript

Rule 8.835. Record when trial proceedings were officially electronically recorded

Rule 8.836. Agreed statement

Rule 8.837. Statement on appeal

Rule 8.838. Form of the record

Rule 8.839. Record in multiple appeals

Rule 8.840. Filing the record

Rule 8.841. Augmenting and correcting the record in the appellate division

Rule 8.842. Failure to procure the record

Rule 8.843. Transmitting exhibits

Chapter 3. Appeals and Records in Misdemeanor Cases

Article 1. Taking Appeals in Misdemeanor Cases

Rule 8.850. Application of chapter

Rule 8.851. Appointment of appellate counsel

Rule 8.852. Notice of appeal

Rule 8.853. Time to appeal

Rule 8.854. Stay of execution and release on appeal

Rule 8.855. Abandoning the appeal

Article 2. Record in Misdemeanor Appeals

Rule 8.860. Normal record on appeal

Rule 8.861. Contents of clerk's transcript

Rule 8.862. Preparation of clerk's transcript

Rule 8.863. Trial court file instead of clerk's transcript

Rule 8.864. Record of oral proceedings

Rule 8.865. Contents of reporter's transcript

Rule 8.866. Preparation of reporter's transcript

Rule 8.867. Limited normal record in certain appeals

Rule 8.868. Record when trial proceedings were officially electronically recorded

Rule 8.869. Statement on appeal

Rule 8.870. Exhibits

Rule 8.871. Juror-identifying information

Rule 8.872. Sending and filing the record in the appellate division

Rule 8.873. Augmenting or correcting the record in the appellate division

Chapter 4. Briefs, Hearing, and Decision in Limited Civil and Misdemeanor Appeals

Rule 8.880. Application

Rule 8.881. Notice of briefing schedule

Rule 8.882. Briefs by parties and amici curiae

Rule 8.883. Contents and form of briefs

Rule 8.884. Appeals in which a party is both appellant and respondent

Rule 8.885. Oral argument

Rule 8.886. Submission of the cause

Rule 8.887. Decisions

Rule 8.888. Finality and modification of decision

Rule 8.889. Rehearing

Rule 8.890. Remittitur

Rule 8.891. Costs and sanctions in civil appeals

Chapter 5. Appeals in Infraction Cases

Article 1. Taking Appeals in Infraction Cases

Rule 8.900. Application of chapter

Rule 8.901. Notice of appeal

Rule 8.902. Time to appeal

Rule 8.903. Stay of execution on appeal

Rule 8.904. Abandoning the appeal

Article 2. Record in Infraction Appeals

Rule 8.910. Normal record on appeal

Rule 8.911. Prosecuting attorney's notice regarding the record

Rule 8.912. Contents of clerk's transcript

Rule 8.913. Preparation of clerk's transcript

Rule 8.914. Trial court file instead of clerk's transcript

Rule 8.915. Record of oral proceedings

Rule 8.916. Statement on appeal

Rule 8.917. Record when trial proceedings were officially electronically recorded

Rule 8.918. Contents of reporter's transcript

Rule 8.919. Preparation of reporter's transcript

Rule 8.920. Limited normal record in certain appeals

Rule 8.921. Exhibits

Rule 8.922. Sending and filing the record in the appellate division

Rule 8.923. Augmenting or correcting the record in the appellate division

Article 3. Briefs, Hearing, and Decision in Infraction Appeals

Rule 8.925. General application of chapter 4

Rule 8.926. Notice of briefing schedule

Rule 8.927. Briefs

Rule 8.928. Contents and form of briefs

Rule 8.929. Oral argument

Chapter 6. Writ Proceedings

Rule 8.930. Application

Rule 8.931. Petitions filed by persons not represented by an attorney

Rule 8.932. Petitions filed by an attorney for a party

Rule 8.933. Opposition

Rule 8.934. Notice to trial court

Rule 8.935. Finality and remittitur

Rule 8.936. Costs

Division 3. Trial of Small Claims Cases on Appeal

Rule 8.950. Application

Rule 8.952. Definitions

Rule 8.954. Filing the appeal

Rule 8.957. Record on appeal

Rule 8.960. Continuances

Rule 8.963. Abandonment, dismissal, and judgment for failure to bring to trial

Rule 8.966. Examination of witnesses

Division 4. Transfer of Appellate Division Cases to the Court of Appeal

Rule 8.1000. Application

Rule 8.1002. Transfer authority

Rule 8.1005. Certification for transfer by the appellate division

Rule 8.1006. Petition for transfer

Rule 8.1007. Transmitting record to Court of Appeal

Rule 8.1008. Order for transfer

Rule 8.1010. Renumbered effective January 1, 2011

Rule 8.1012. Briefs and argument

Rule 8.1014. Proceedings in the appellate division after certification or transfer

Rule 8.1016. Disposition of transferred case

Rule 8.1018. Finality and remittitur

Division 5. Publication of Appellate Opinions

Rule 8.1100. Authority

Rule 8.1105. Publication of appellate opinions

Rule 8.1110. Partial publication

Rule 8.1115. Citation of opinions

Rule 8.1120. Requesting publication of unpublished opinions

Rule 8.1125. Requesting depublication of published opinions