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2014 California Rules of Court

Rule 8.496. Review of Public Utilities Commission cases

(a) Petition

(1)A petition to review an order or decision of the Public Utilities Commission must be verified and must be served on the executive director and general counsel of the commission and any real parties in interest.

(2)A real party in interest is one who was a party of record to the proceeding and took a position adverse to the petitioner.

(b) Answer and reply

(1)Within 35 days after the petition is filed, the commission or any real party in interest may serve and file an answer.

(2)Within 25 days after an answer is filed, the petitioner may serve and file a reply.

(c) Certificate of Interested Entities or Persons

(1)Each party other than the commission must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.

(2)The petitioner's certificate must be included in the petition and the real party in interest's certificate must be included in the answer. The certificate must appear after the cover and before the tables.

(3)If a party fails to file a certificate as required under (1) and (2), 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 failure to comply will result in one of the following sanctions:

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

(B)If the party is the real party in interest, the court will strike the document.

(4)If the party fails to comply with the notice under (3), the court may impose the sanctions specified in the notice.

(Subd (c) amended effective January 1, 2007; adopted effective July 1, 2006.)

Rule 8.496 amended and renumbered effective January 1, 2007; repealed and adopted as rule 58 effective January 1, 2005; previously amended effective July 1, 2006.

Advisory Committee Comment

Subdivision (b). A party other than the petitioner who files an answer may be required to pay a filing fee under Government Code section 68926 if the answer is the first document filed in the writ proceeding in the reviewing court by that party. See rule 8.25(c).

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