Rule 8.935. Finality and remittitur
(a) Finality of decision
(1)Except as otherwise provided in this rule, an appellate division decision in a writ proceeding is final 30 days after the decision is filed.
(2)The denial of a petition for a writ within the appellate division's original jurisdiction without issuance of an alternative writ or order to show cause is final in that court when filed.
(3)If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, an appellate division 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 or order to show cause. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.
The appellate division must issue a remittitur after a decision in a writ proceeding, except when the court denies a writ petition without issuing an alternative writ or order to show cause. Rule 8.890 governs issuance of a remittitur in these proceedings.
Rule 8.935 adopted effective January 1, 2009.