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2017 California Rules of Court

Rule 8.973. Petitions filed by an attorney for a party

(a) General application of rule 8.972

Except as provided in this rule, rule 8.972 applies to any petition for an extraordinary writ filed by an attorney under this chapter.

(b) Form and content of petition

(1)A petition for an extraordinary writ filed by an attorney may, but is not required to be, filed on Petition for Writ (Small Claims) (form SC-300). It must contain all the information requested in that form.

(2)The petition must disclose the name of any real party in interest.

(3)If the petition seeks review of small claims court proceedings that are also the subject of a pending appeal, the notice "Related Appeal Pending" must appear on the cover of the petition, and the first paragraph of the petition must state the appeal's title and any appellate division docket number.

(4)The petition must be verified.

(5)The petition must be accompanied by a memorandum, which need not repeat facts alleged in the petition.

(6)Rule 8.883(b) governs the length of the petition and memorandum, but the verification and any supporting documents are excluded from the limits stated in rule 8.883(b)(1) and (2).

(7)If the petition requests a temporary stay, it must explain the urgency.

Rule 8.973 adopted effective January 1, 2016.

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