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2014 California Rules of Court

Rule 8.702. Appeals

(a) Application of general rules for civil appeals

Except as otherwise provided by the rules in this chapter, rules 8.100-8.278, relating to civil appeals, apply to appeals under this chapter.

(b) Notice of appeal

(1)Time to appeal

The notice of appeal must be served and filed on or before the earlier of:

(A)Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served; or

(B)Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, accompanied by proof of service.

(2)Contents of notice of appeal

The notice of appeal must:

(A)State that the superior court judgment or order being appealed is governed by the rules in this chapter;

(B)Indicate whether the judgment or order pertains to the Sacramento arena project or a leadership project; and

(C)If the judgment or order being appealed pertains to a leadership project, provide notice that the person or entity that applied for certification of the project as a leadership project must make the payments required by rule 8.705.

(c) Extending the time to appeal

(1)Motion for new trial

If any party serves and files a valid notice of intention to move for a new trial or, under rule 3.2237, a valid motion for a new trial and that motion is denied, the time to appeal from the judgment is extended for all parties until the earlier of:

(A)Five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order; or

(B)Five court days after denial of the motion by operation of law.

(2)Motion to vacate judgment

If, within the time prescribed by subdivision (b) to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment and that motion is denied, the time to appeal from the judgment is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.

(3)Motion to reconsider appealable order

If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.

(4)Cross-appeal

If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until five court days after the superior court clerk serves notification of the first appeal.

(d) Record on appeal

(1)Record of written documents

The record of the written documents from the superior court proceedings other than the administrative record must be in the form of a joint appendix or separate appellant's and respondent's appendixes under rule 8.124.

(2)Record of the oral proceedings

(A)The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court. If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must designate a reporter's transcript.

(B)Any party that submits a copy of a Transcript Reimbursement Fund application in lieu of a deposit under rule 8.130(b)(3) must serve all other parties with notice of this submission when the party serves its notice of designation of the record. Within five days after service of this notice, any other party may submit to the trial court the required deposit for the reporter's transcript under rule 8.130(b)(1), the reporter's written waiver of the deposit under rule 8.130(b)(3)(A), or a certified transcript of all of the proceedings designated by the party under rule 8.130(b)(3)(C).

(C)Within 10 days after the superior court notifies the court reporter to prepare the transcript under rule 8.130(d)(2), the reporter must prepare and certify an original of the transcript and file the original and required number of copies in superior court.

(D)If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:

(i)If the defaulting party is the appellant, the court may dismiss the appeal; or

(ii)If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.

(e) Superior court clerk duties

Within five court days following the filing of a notice of appeal under this rule, the superior court clerk must:

(1)Serve the following on each party:

(A)Notification of the filing of the notice of appeal; and

(B)A copy of the register of actions, if any.

(2)Transmit the following to the reviewing court clerk:

(A)A copy of the notice of appeal;

(B)A copy of the appellant's notice designating the record; and

(C)An electronic copy of the administrative record.

(f) Briefing

(1)Electronic filing

Unless otherwise ordered by the reviewing court, all briefs must be electronically filed.

(2)Time to serve and file briefs

Unless otherwise ordered by the reviewing court:

(A) An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.

(B)A respondent must serve and file its brief within 25 days after the appellant files its opening brief.

(C) An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.

(3)Contents and form of briefs

(A)The briefs must comply as nearly as possible with rule 8.204.

(B)If a designated reporter's transcript has not been filed at least 5 days before the date by which a brief must be filed, an initial version of the brief may be served and filed in which references to a matter in the reporter's transcript are not supported by a citation to the volume and page number of the reporter's transcript where the matter appears. Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.

(C)Unless otherwise ordered by the court, within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the record on appeal, cited decisions, and the parties' other briefs. Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.

(4)Extensions of time to file briefs

If the parties stipulate to extend the time to file a brief under rule 8.212(b), they are deemed to have agreed that the time for resolving the action may be extended beyond 270 days by the number of days by which the parties stipulated to extend the time for filing the brief and, to that extent, to have waived any objection to noncompliance with the deadlines for completing review stated in Public Resources Code sections 21168.6.6(c)-(d) and 21185 for the duration of the stipulated extension.

(5)Failure to file brief

If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must serve the party with a notice indicating that if the required brief is not filed within two court days of service of the clerk's notice, the court may impose one of the following sanctions:

(A)If the brief is an appellant's opening brief, the court may dismiss the appeal;

(B)If the brief is a respondent's brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant; or

(C)Any other sanction that the court finds appropriate.

(g) Oral argument

Unless otherwise ordered by the reviewing court, oral argument will be held within 45 days after the last reply brief is filed. The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date. The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

Rule 8.702 adopted effective July 1, 2014.

Advisory Committee Comment

Subdivision (b). It is very important to note that the time period to file a notice of appeal under this rule is the same time period for filing most postjudgment motions in a case regarding the Sacramento arena project, and in a case regarding a leadership project, the deadline for filing a notice of appeal may be earlier than the deadline for filing a motion for a new trial, a motion for reconsideration, or a motion to vacate the judgment.

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