|     printer icon  Printer-friendly version of this page

2014 California Rules of Court

Rule 8.488. Certificate of Interested Entities or Persons

(a) Application

This rule applies in writ proceedings in criminal cases in which an entity is the defendant and in civil cases other than family, juvenile, guardianship, and conservatorship cases.

(b) Compliance with rule 8.208

Each party in a civil case and any entity that is a defendant in a criminal case must comply with the requirements of rule 8.208 concerning serving and filing a certificate of interested entities or persons.

(c) Placement of certificates

(1)The petitioner's certificate must be included in the petition.

(2)The certificates of the respondent and real party in interest must be included in their preliminary opposition or, if no such opposition is filed, in their return, if any.

(3)The certificate must appear after the cover and before the tables.

(4)If the identity of any party has not been publicly disclosed in the proceedings, the party may file an application for permission to file its certificate under seal separately from the petition, preliminary opposition, or return.

(d) Failure to file a certificate

(1)If a party fails to file a certificate as required under (b) and (c), the clerk must notify the party by mail that the party must file the certificate within 10 days after the clerk's notice is mailed and that if the party fails to comply, the court may impose one of the following sanctions:

(A)If the party is the petitioner, the court may strike the petition; or

(B)If the party is the respondent or the real party in interest, the court may strike that party's document.

(2)If the party fails to file the certificate as specified in the notice under (1), the court may impose the sanctions specified in the notice.

Rule 8.488 adopted effective January 1, 2009.

Advisory Committee Comment

The Judicial Council has adopted an optional form, Certificate of Interested Entities or Persons (form APP-008), that can be used to file the certificate required by this provision.

Subdivision (a). Under rule 8.208(c), for purposes of certificates of interested entities or persons, an "entity" means a corporation, a partnership, a firm, or any other association, but does not include a governmental entity or its agencies or a natural person.

[ Back to Top ]