Rule 8.248. Prehearing conference
(a) Statement and conference
After the notice of appeal is filed in a civil case, the presiding justice may:
(1)Order one or more parties to serve and file a concise statement describing the nature of the case and the issues presented; and
(2)Order all necessary persons to attend a conference to consider case management issues, settlement, and other relevant matters.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.)
An agreement reached in a conference must be signed by the parties and filed. Unless the Court of Appeal orders otherwise, the agreement governs the appeal.
(c) Proceedings after conference
(1)Unless allowed by a filed agreement, no matter recited in a statement under (a)(1) or discussed in a conference under (a)(2) may be considered in any subsequent proceeding in the appeal other than in another conference.
(2)If settlement is addressed at the conference, other than an inquiry solely about the parties' interest in settlement, neither the presiding officer nor any court personnel present at the conference may participate in or influence the determination of the appeal.
(Subd (c) amended effective January 1, 2016.)
(d) Time to file brief
The time to file a party's brief under rule 8.212(a) is tolled from the date the Court of Appeal sends notice of the conference until the date it sends notice that the conference is concluded.
(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2007.)
Rule 8.248 amended effective January 1, 2016; repealed and adopted as rule 21 effective January 1, 2003; previously amended and renumbered as rule 8.248 effective January 1, 2007.
Advisory Committee Comment
Subdivision (a). Subdivision (a)(1) requires each party to serve any statement it files. (Cf. rule 3.1380(c) [pretrial settlement conference statement must be served on each party].) The service requirement is not intended to prohibit the presiding justice from ordering the parties to submit additional, confidential material in appropriate cases.
Subdivision (d). If a prehearing conference is ordered before the due date of the appellant's opening brief, the time to file the brief is not extended but tolled, in order to avoid unwarranted lengthening of the briefing process. For example, if the conference is ordered 15 days after the start of the normal 30-day briefing period, the rule simply suspends the running of that period; when the period resumes, the party will not receive an automatic extension of a full 30 days but rather the remaining 15 days of the original briefing period, unless the period is otherwise extended.
Under subdivision (d) the tolling period continues "until the date [the Court of Appeal] sends notice that the conference is concluded" (italics added). This provision is intended to accommodate the possibility that the conference may not conclude on the date it begins.
Whether or not the conference concludes on the date it begins, subdivision (d) requires the Court of Appeal clerk to send the parties a notice that the conference is concluded. This provision is intended to facilitate the calculation of the new briefing due dates.