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2014 California Rules of Court

Rule 8.1008. Order for transfer

(a) Time to transfer

(1)The Court of Appeal may order transfer

(A)After the appellate division certifies the case for transfer or on petition for transfer, within 20 days after the record sent under rule 8.1007 is filed in the Court of Appeal; or

(B)On its own motion, within 30 days after the appellate division decision is final in that court.

(2)Within either period specified in (1), the Court of Appeal may order an extension not exceeding 20 days.

(3)If the Court of Appeal does not timely order transfer, transfer is deemed denied.

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

(b) Court of Appeal clerk's duties

(1)When a transfer order is filed, the clerk must promptly send a copy of the order to the superior court clerk, the parties, and, in a criminal case, the Attorney General.

(2)With the copy of the transfer order sent to the parties and the Attorney General, the clerk must send notice of the time to serve and file any briefs ordered under rule 8.1012 and, if specified by the Court of Appeal, the issues to be briefed and argued.

(3)If the court denies transfer after the appellate division certifies a case for transfer or after a party files a petition for transfer, the clerk must promptly send notice of the denial to the parties, the appellate division, and, in a criminal case, the Attorney General.

(4)Failure to send any order or notice under this subdivision does not affect the jurisdiction of the Court of Appeal.

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

Rule 8.1008 amended effective January 1, 2011; repealed and adopted as rule 64 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 2003, and January 1, 2008.

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