Rule 8.490. Filing, finality, and modification of decisions; remittitur
(a) Filing and modification of decisions
Rule 8.264(a) and (c) govern the filing and modification of decisions in writ proceedings.
(b) Finality of decision
(1)The denial of a petition for a writ within the court's original jurisdiction without issuance of an alternative writ or order to show cause is final in that court when filed.
(2)Except as otherwise provided in this rule, a decision in a writ proceeding is final 30 days after the decision is filed.
(3)If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, the court may order early finality in that court of a decision granting a petition for a writ within its original jurisdiction or denying such a petition after issuing an alternative writ or order to show cause. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.
(4) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.
(5)If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.
A Court of Appeal must issue a remittitur in a writ proceeding under this chapter except when the court denies the petition without issuing an alternative writ or order to show cause. Rule 8.272(b)-(d) governs issuance of a remittitur by a Court of Appeal in writ proceedings under this chapter.
Rule 8.490 adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (b). This provision addresses the finality of decisions in proceedings relating to writs of mandate, certiorari, and prohibition. See rule 8.264(b) for provisions addressing the finality of decisions in proceedings under chapter 2, relating to civil appeals, and rule 8.366 for provisions addressing the finality of decisions in proceedings under chapter 3, relating to criminal appeals.