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2014 California Rules of Court

Rule 8.804. Definitions

As used in this division, unless the context or subject matter otherwise requires:

(1)"Action" includes special proceeding.

(2)"Case" includes action or proceeding.

(3)"Civil case" means a case prosecuted by one party against another for the declaration, enforcement, or protection of a right or the redress or prevention of a wrong. Civil cases include all cases except criminal cases.

(4)"Unlimited civil cases" and "limited civil cases" are defined in Code of Civil Procedure section 85 et seq.

(5)"Criminal case" means a proceeding by which a party charged with a public offense is accused and brought to trial and punishment.

(6)"Rule" means a rule of the California Rules of Court.

(7)"Local rule" means every rule, regulation, order, policy, form, or standard of general application adopted by a court to govern practice and procedure in that court or by a judge of the court to govern practice or procedure in that judge's courtroom.

(8)"Presiding judge" includes the acting presiding judge or the judge designated by the presiding judge.

(9)"Judge" includes, as applicable, a judge of the superior court, a commissioner, or a temporary judge.

(10)"Person" includes a corporation or other legal entity as well as a natural person.

(11)"Appellant" means the appealing party.

(12)"Respondent" means the adverse party.

(13)"Party" is a person appearing in an action. Parties include both self-represented persons and persons represented by an attorney of record. "Party," "applicant," "petitioner," or any other designation of a party includes the party's attorney of record.

(14)"Attorney" means a member of the State Bar of California.

(15)"Counsel" means an attorney.

(16)"Prosecuting attorney" means the city attorney, county counsel, or district attorney prosecuting an infraction or misdemeanor case.

(17)"Complaint" includes a citation.

(18)"Service" means service in the manner prescribed by a statute or rule.

(19)"Declaration" includes "affidavit."

(20)"Trial court" means the superior court from which an appeal is taken.

(21)"Reviewing court" means the appellate division of the superior court.

(22)"Judgment" includes any judgment or order that may be appealed.

Rule 8.804 amended effective January 1, 2014; adopted effective January 1, 2009.

Advisory Committee Comment

Item (18). See rule 1.21 for general requirements relating to service, including proof of service.

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