Rule 8.29. Service on nonparty public officer or agency
(a) Proof of service
When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the party must file proof of such service with the document unless a statute permits service after the document is filed, in which case the proof of service must be filed immediately after the document is served on the public officer or agency.
(Subd (a) relettered effective January 1, 2007; adopted as subd (b).)
(b) Identification on cover
When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the cover of the document must contain a statement that identifies the statute or rule requiring service of the document on the public officer or agency in substantially the following form: "Service on [insert name of the officer or agency] required by [insert citation to the statute or rule]."
(Subd (b) relettered effective January 1, 2007; adopted as subd (c).)
(c) Service on the Attorney General
In addition to any statutory requirements for service of briefs on public officers or agencies, a party must serve its brief or petition on the Attorney General if the brief or petition:
(1)Questions the constitutionality of a state statute; or
(2)Is filed on behalf of the State of California, a county, or an officer whom the Attorney General may lawfully represent in:
(A)A criminal case;
(B)A case in which the state or a state officer in his or her official capacity is a party; or
(C)A case in which a county is a party, unless the county's interest conflicts with that of the state or a state officer in his or her official capacity.
(Subd (c) adopted effective January 1, 2007.)
Rule 8.29 amended and renumbered effective January 1, 2007; adopted as rule 44.5 effective January 1, 2004; previously amended effective July 1, 2004.
Advisory Committee Comment
Rule 8.29 refers to statutes that require a party to serve documents on a nonparty public officer or agency. For a list of examples of such statutory requirements, please see the Civil Case Information Statement (form APP-004).