Rule 8.486. Petitions
(a) Contents of petition
(1)If the petition could have been filed first in a lower court, it must explain why the reviewing court should issue the writ as an original matter.
(2)If the petition names as respondent a judge, court, board, or other officer acting in a public capacity, it must disclose the name of any real party in interest.
(3)If the petition seeks review of trial court proceedings that are also the subject of a pending appeal, the notice "Related Appeal Pending" must appear on the cover of the petition and the first paragraph of the petition must state:
(A)The appeal's title, trial court docket number, and any reviewing court docket number; and
(B)If the petition is filed under Penal Code section 1238.5, the date the notice of appeal was filed.
(4)The petition must be verified.
(5)The petition must be accompanied by a memorandum, which need not repeat facts alleged in the petition.
(6)Rule 8.204(c) governs the length of the petition and memorandum, but, in addition to the exclusions provided in that rule, the verification and any supporting documents are excluded from the limits stated in rule 8.204(c)(1) and (2).
(7)If the petition requests a temporary stay, it must comply with the following or the reviewing court may decline to consider the request for a temporary stay:
(A)The petition must explain the urgency.
(B)The cover of the petition must prominently display the notice "STAY REQUESTED" and identify the nature and date of the proceeding or act sought to be stayed.
(C)The trial court and department involved and the name and telephone number of the trial judge whose order the request seeks to stay must appear either on the cover or at the beginning of the text.
(Subd (a) amended effective January 1, 2011; adopted as subd (b); previously amended effective January 1, 2006, and January 1, 2007; previously amended and relettered effective January 1, 2009.)
(b) Contents of supporting documents
(1)A petition that seeks review of a trial court ruling must be accompanied by an adequate record, including copies of:
(A)The ruling from which the petition seeks relief;
(B)All documents and exhibits submitted to the trial court supporting and opposing the petitioner's position;
(C)Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling under review; and
(D)A reporter's transcript of the oral proceedings that resulted in the ruling under review.
(2)In exigent circumstances, the petition may be filed without the documents required by (1)(A)-(C) if counsel or, if the petitioner is unrepresented, the petitioner files a declaration that explains the urgency and the circumstances making the documents unavailable and fairly summarizes their substance.
(3)If a transcript under (1)(D) is unavailable, the record must include a declaration by counsel or, if the petitioner is unrepresented, the petitioner:
(A)Explaining why the transcript is unavailable and fairly summarizing the proceedings, including the parties' arguments and any statement by the court supporting its ruling. This declaration may omit a full summary of the proceedings if part of the relief sought is an order to prepare a transcript for use by an indigent criminal defendant in support of the petition and if the declaration demonstrates the petitioner's need for and entitlement to the transcript; or
(B)Stating that the transcript has been ordered, the date it was ordered, and the date it is expected to be filed, which must be a date before any action requested of the reviewing court other than issuance of a temporary stay supported by other parts of the record.
(4)If the petitioner does not submit the required record or explanations or does not present facts sufficient to excuse the failure to submit them, the court may summarily deny a stay request, the petition, or both.
(Subd (b) amended effective July 1, 2009; adopted as subd (c); previously amended effective January 1, 2006, July 1, 2006, and January 1, 2007; previously amended and relettered effective January 1, 2009.)
(c) Form of supporting documents
(1)Documents submitted under (b) must comply with the following requirements:
(A)They must be bound together at the end of the petition or in separate volumes not exceeding 300 pages each. The pages must be consecutively numbered.
(B)They must be index-tabbed by number or letter.
(C)They must begin with a table of contents listing each document by its title and its index-tab number or letter. If a document has attachments, the table of contents must give the title of each attachment and a brief description of its contents.
(2)The clerk must file any supporting documents not complying with (1), but the court may notify the petitioner that it may strike or summarily deny the petition if the documents are not brought into compliance within a stated reasonable time of not less than 5 days.
(3)Rule 8.44(a) governs the number of copies of supporting documents to be filed in the Supreme Court. Rule 8.44(b) governs the number of supporting documents to be filed in the Court of Appeal.
(Subd (c) amended and relettered effective January 1, 2009; adopted as subd (d); previously amended effective January 1, 2006, and January 1, 2007.)
(d) Sealed records
Rule 8.46 applies if a party seeks to lodge or file a sealed record or to unseal a record.
(Subd (d) amended effective January 1, 2011; adopted as subd (e); previously amended effective January 1, 2007; previously relettered effective January 1, 2009.)
(1)If the respondent is the superior court or a judge of that court, the petition and one set of supporting documents must be served on any named real party in interest, but only the petition must be served on the respondent.
(2)If the respondent is not the superior court or a judge of that court, both the petition and one set of supporting documents must be served on the respondent and on any named real party in interest.
(3)In addition to complying with the requirements of rule 8.25, the proof of service must give the telephone number of each attorney served.
(4)The petition must be served on a public officer or agency when required by statute or rule 8.29.
(5)The clerk must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction.
(6)The court may allow the petition to be filed without proof of service.
(Subd (e) relettered effective January 1, 2009; adopted as subd (f); previously amended effective January 1, 2007.)
Rule 8.486 amended effective January 1, 2011; repealed and adopted as rule 56 effective January 1, 2005; previously amended and renumbered as rule 8.490 effective January 1, 2007, and as rule 8.486 effective January 1, 2009; previously amended effective July 1, 2005, January 1, 2006, July 1, 2006, January 1, 2008, and July 1, 2009.
Advisory Committee Comment
Subdivision (a). Because of the importance of the point, rule 8.486(a)(6) explicitly states that the provisions of rule 8.204(c)-and hence the word-count limits imposed by that rule-apply to a petition for original writ.
Subdivision (e). Rule 8.25, which generally governs service and filing in reviewing courts, also applies to the original proceedings covered by this rule.