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2014 California Rules of Court

Rule 8.405. Filing the appeal

(a) Notice of appeal

(1)To appeal from a judgment or appealable order under these rules, the appellant must file a notice of appeal in the superior court. Any notice of appeal on behalf of the child in a Welfare and Institutions Code section 300 proceeding must be authorized by the child or the child's CAPTA guardian ad litem.

(2)The appellant or the appellant's attorney must sign the notice of appeal.

(3)The notice of appeal must be liberally construed, and is sufficient if it identifies the particular judgment or order being appealed. The notice need not specify the court to which the appeal is taken; the appeal will be treated as taken to the Court of Appeal for the district in which the superior court is located.

(b) Superior court clerk's duties

(1)When a notice of appeal is filed, the superior court clerk must immediately:

(A)Mail a notification of the filing to:

(i)Each party other than the appellant, including the child if the child is 10 years of age or older;

(ii)The attorney of record for each party;

(iii)Any person currently awarded by the juvenile court the status of the child's de facto parent;

(iv)Any Court Appointed Special Advocate (CASA) volunteer;

(v)If the court knows or has reason to know that an Indian child is involved, the Indian custodian, if any, and tribe of the child or the Bureau of Indian Affairs, as required under Welfare and Institutions Code section 224.2; and

(vi)The reviewing court clerk; and

(B)Notify the reporter by telephone and in writing to prepare a reporter's transcript and deliver it to the clerk within 20 days after the notice of appeal is filed.

(2)The notification must show the name of the appellant, the date it was mailed, the number and title of the case, and the date the notice of appeal was filed. If the information is available, the notification must also include:

(A)The name, address, telephone number, and California State Bar number of each attorney of record in the case;

(B)The name of the party that each attorney represented in the superior court; and

(C)The name, address, and telephone number of any unrepresented party.

(3)The notification to the reviewing court clerk must also include a copy of the notice of appeal and any sequential list of reporters made under rule 2.950.

(4)A copy of the notice of appeal is sufficient notification if the required information is on the copy or is added by the superior court clerk.

(5)The mailing of a notification is a sufficient performance of the clerk's duty despite the discharge, disqualification, suspension, disbarment, or death of the attorney.

(6)Failure to comply with any provision of this subdivision does not affect the validity of the notice of appeal.

Rule 8.405 adopted effective July 1, 2010.

Advisory Committee Comment

Subdivision (a). Notice of Appeal-Juvenile (California Rules of Court, Rule 8.400) (form JV-800) may be used to file the notice of appeal required under this rule. This form is available at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.

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