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2014 California Rules of Court

Rule 8.490. Filing, finality, and modification of decisions; rehearing; 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)Except as otherwise ordered by the court, the following decisions regarding petitions for writs within the court's original jurisdiction are final in the issuing court when filed:

(A)An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review; and

(B)An order denying or dismissing such a petition as moot after issuance of an alternative writ, order to show cause, or writ of review.

(2)All other decisions in a writ proceeding are final 30 days after the decision is filed, except as follows:

(A)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, order to show cause, or writ of review. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

(B)If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before the decision becomes final in that court, the 30 days or other finality period ordered under (A) runs from the filing date of the order for publication.

(C)If an order modifying a decision changes the appellate judgment, the 30 days or other finality period ordered under (A) runs from the filing date of the modification order.

(Subd (b) amended effective January 1, 2014.)

(c) Rehearing

(1)Rule 8.268 governs rehearing in the Courts of Appeal.

(2)Rule 8.536 governs rehearing in the Supreme Court.

(Subd (c) adopted effective January 1, 2014.)

(d) Remittitur

A Court of Appeal must issue a remittitur in a writ proceeding under this chapter except when the court issues one of the orders listed in (b)(1). Rule 8.272(b)-(d) governs issuance of a remittitur by a Court of Appeal in writ proceedings under this chapter.

(Subd (d) relettered effective January 1, 2014; adopted as subd (c).)

Rule 8.490 amended effective January 1, 2014; 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.

Subdivision (b)(1). Examples of situations in which the court may issue an order dismissing a writ petition include when the petitioner fails to comply with an order of the court, when the court recalls the alternative writ, order to show cause, or writ of review as improvidently granted, or when the petition becomes moot.

Subdivision (d). Under this rule, a remittitur serves as notice that the writ proceedings have concluded.

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