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2014 California Rules of Court

Rule 8.1005. Certification for transfer by the appellate division

(a) Authority to certify

(1)The appellate division may certify a case for transfer to the Court of Appeal on its own motion or on a party's application if it determines that transfer is necessary to secure uniformity of decision or to settle an important question of law.

(2)Except as provided in (3), a case may be certified for transfer by a majority of the appellate division judges to whom the case has been assigned or who decided the appeal or, if the case has not yet been assigned, by any two appellate division judges.

(3)If an appeal from a conviction of a traffic infraction is assigned to a single appellate division judge under Code of Civil Procedure section 77, the case may be certified for transfer by that judge.

(4)If an assigned or deciding judge is unable to act on the certification for transfer, a judge designated or assigned to the appellate division by the chair of the Judicial Council may act in that judge's place.

(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007.)

(b) Application for certification

(1)A party may serve and file an application asking the appellate division to certify a case for transfer at any time after the record on appeal is filed in the appellate division but no later than 15 days after:

(A)The decision is filed;

(B)A publication order restarting the finality period under rule 8.888(a)(2);

(C)A modification order changing the appellate judgment under rule 8.888(b); or

(D)The filing of a consent under rule 8.888(c).

(2)The party may include the application in a petition for rehearing.

(3)The application must explain why transfer is necessary to secure uniformity of decision or to settle an important question of law.

(4)Within five days after the application is filed, any other party may serve and file an answer.

(5)No hearing will be held on the application. Failure to certify the case within the time specified in (c) is deemed a denial of the application.

(Subd (b) amended effective January 1, 2011.)

(c) Time to certify

The appellate division may certify a case for transfer at any time after the record on appeal is filed in the appellate division and before the appellate division decision is final in that court.

(Subd (c) amended and relettered effective January 1, 2011; adopted as subd (d).)

(d) Contents of order certifying case for transfer

An order certifying a case for transfer must:

(1)Clearly state that the appellate division is certifying the case for transfer to the Court of Appeal;

(2)Briefly describe why transfer is necessary to secure uniformity of decision or to settle an important question of law; and

(3)State whether there was a decision on appeal and, if so, its date and disposition.

(Subd (d) amended and relettered effective January 1, 2011; adopted as subd (e); previously amended effective January 1, 2007.)

(e) Superior court clerk's duties

(1)If the appellate division orders a case certified for transfer, the clerk must promptly send a copy of the certification order to the Court of Appeal clerk, the parties, and, in a criminal case, the Attorney General.

(2)If the appellate division denies a certification application by order, the clerk must promptly send a copy of the order to the parties.

(Subd (e) amended and relettered effective January 1, 2011; adopted as subd (f).)

Rule 8.1005 amended effective January 1, 2011; repealed and adopted as rule 63 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2010.

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