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California Rules of Court

(Revised September 1, 2019)

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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 8.11. 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 Documents that may be filed electronically [Repealed]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
Article 1. Habeas Corpus Proceedings Not Related to Judgment of Death
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
Article 2. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings
Rule 8.390. Application
Rule 8.391. Qualifications and appointment of counsel by the Court of Appeal
Rule 8.392. Filing the appeal; certificate of appealability
Rule 8.393. Time to appeal
Rule 8.394. Stay of execution on appeal
Rule 8.395. Record on appeal
Rule 8.396. Briefs by parties and amici curiae
Rule 8.397. Claim of ineffective assistance of trial counsel not raised in the superior court
Rule 8.398. Finality
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. [Reserved]
Former rule 8.495. Renumbered effective April 25, 2019.
Former rule 8.496. Renumbered effective April 25, 2019.
Rule 8.497. Review of California Environmental Quality Act cases under Public Resources Code sections 21178-21189.3 [Repealed]
Former rule 8.498. Renumbered effective April 25, 2019.
Former rule 8.499. Renumbered effective April 25, 2019.
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
Division 2. Rules Relating to Death Penalty Appeals and Habeas Corpus Proceedings
Former rule 8.600. Renumbered effective April 25, 2019.
Chapter 1. General Provisions
Rule 8.601. Definitions
Chapter 2. Automatic Appeals From Judgments of Death
Article 1. General Provisions
Rule 8.603. In general
Rule 8.605. Qualifications of counsel in death penalty appeals
Article 2. Record on Appeal
Rule 8.608. General provisions
Rule 8.610. Contents and form of the record
Rule 8.611. Juror-identifying information
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
Former rule 8.625. Certifying the record in pre-1997 trials [Repealed]
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 3. Death Penalty-Related Habeas Corpus Proceedings
Rule 8.652. Qualifications of counsel in death penalty-related habeas corpus proceedings
Division 3. Rules Relating to Miscellaneous Appeals and Writ Proceedings
Chapter 1. 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
Chapter 2. Appeals Under Code of Civil Procedure Section 1294.4 From an Order Dismissing or Denying a Petition to Compel Arbitration
Rule 8.710. Application
Rule 8.711. Filing and service
Rule 8.712. Notice of appeal
Rule 8.713. Record on appeal
Rule 8.714. Superior court clerk duties
Rule 8.715. Briefing
Rule 8.716. Oral argument
Rule 8.717. Extensions of time
Chapter 3. Miscellaneous Writs
Rule 8.720. Review of Workers' Compensation Appeals Board cases
Rule 8.724. Review of Public Utilities Commission cases
Rule 8.728. Review of Agricultural Labor Relations Board and Public Employment Relations Board cases
Rule 8.730. Filing, modification, and finality of decision; remittitur
Division 4. 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 5. 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 6. 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 7. 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