California Rules of Court (Revised February 1, 2017)

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• Title 8. Appellate Rules

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• 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 8.11. Scope of rules
• 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 Privacy
• 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 8.41. Protection of privacy in documents and records
• Rule 8.42. Requirements for signatures of multiple parties on filed documents
• Rule 8.44. Number of copies of filed documents
• Article 3. Sealed and Confidential Records
• Rule 8.45. General provisions
• Rule 8.46. Sealed records
• Rule 8.47. Confidential records
• Article 4. 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 5. E-filing
• Rule 8.70. Application, construction, and definitions
• Former rule 8.71. Renumbered effective January 1, 2017
• Rule 8.71. Electronic filing
• Former rule 8.72. Documents that may be filed electronically [Repealed]
• Rule 8.72. Responsibilities of court
• Former rule 8.73. Renumbered effective January 1, 2017
• Rule 8.73. Contracts with electronic filing service providers
• Rule 8.74. Responsibilities of electronic filer
• Rule 8.75. Requirements for signatures on documents
• Rule 8.76. Payment of filing fees
• Rule 8.77. Actions by court on receipt of electronic filing
• Rule 8.78. Electronic service
• Rule 8.79. Court order requiring electronic service
• Article 6. Public Access to Electronic Appellate Court Records
• Former rule 8.80. Renumbered effective January 1, 2011
• Rule 8.80. Statement of purpose
• Rule 8.81. Application and scope
• Rule 8.82. Definitions
• Rule 8.83. Public access
• Rule 8.84. Limitations and conditions
• Rule 8.85. Fees for copies of electronic records
• Article 7. Privacy
• Rule 8.90. Privacy in opinions
• 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 8.149. When the record is complete
• 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 [Repealed]
• 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
• Rule 8.404. Stay pending appeal
• Rule 8.405. Filing the appeal
• Rule 8.406. Time to appeal
• Rule 8.407. Record on appeal
• 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 amicus curiae 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; rehearing; 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 [Repealed]
• 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
• Chapter 11. Review of California Environmental Quality Act Cases Under Public Resources Code Sections 21168.6.6, 21178–21189.3, and 21189.50–21189.57.
• Rule 8.700. Definitions and application
• Rule 8.701. Filing and service
• Rule 8.702. Appeals
• Rule 8.703. Writ proceedings
• Rule 8.705. Court of Appeal costs in leadership projects
• 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 and scope of rules
• Rule 8.802. Construction
• Rule 8.803. Definitions
• Rule 8.804. Requirements for signatures on documents
• 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. Completion and filing of 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
• Rule 8.874. Failure to procure the record
• 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
• Rule 8.924. Failure to procure the record
• 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. Filing, finality, and modification of decisions; rehearing; remittitur
• Rule 8.936. Costs
• Division 3. Rules Relating to Appeals and Writs in Small Claims Cases
• Chapter 1. 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
• Chapter 2. Writ Petitions
• Rule 8.970. Application
• Rule 8.971. Definitions
• Rule 8.972. Petitions filed by persons not represented by an attorney
• Rule 8.973. Petitions filed by an attorney for a party
• Rule 8.974. Opposition
• Rule 8.975. Notice to small claims court
• Rule 8.976. Filing, finality, and modification of decisions; remittitur
• Rule 8.977. Costs
• 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