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2016 California Rules of Court

Rule 8.930. Application

(a) Writ proceedings governed

Except as provided in (b), the rules in this chapter govern proceedings in the appellate division for writs of mandate, certiorari, or prohibition, or other writs within the original jurisdiction of the appellate division, including writs relating to a postjudgment enforcement order of the small claims division. In all respects not provided for in this chapter, rule 8.883, regarding the form and content of briefs, applies.

(Subd (a) amended effective January 1, 2016.)

(b) Writ proceedings not governed

The rules in this chapter do not apply to:

(1)Petitions for writs of supersedeas under rule 8.824;

(2)Petitions for writs relating to acts of the small claims division other than a postjudgment enforcement order; or

(3)Petitions for writs not within the original jurisdiction of the appellate division.

(Subd (b) amended effective January 1, 2016.)

Rule 8.930 amended effective January 1, 2016; adopted effective January 1, 2009.

Advisory Committee Comment

Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) provides additional information about proceedings for writs in the appellate division of the superior court. This form is available at any courthouse or county law library or online at www.courts.ca.gov/forms.

Subdivision (b)(1). The superior courts, not the appellate divisions, have original jurisdiction in habeas corpus proceedings (see Cal. Const., art. VI, § 10). Habeas corpus proceedings in the superior courts are governed by rules 4.550 et seq.

Subdivision (b)(2). A petition that seeks a writ relating to an act of the small claims division other than a postjudgment enforcement order is heard by a single judge of the appellate division (see Code Civ. Proc. § 116.798(a)) and is governed by rules 8.970 et seq.

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