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2014 California Rules of Court

Rule 10.1000. Transfer of causes

(a) Transfer by Supreme Court

(1)The Supreme Court may transfer a cause:

(A)To itself from a Court of Appeal;

(B)From itself to a Court of Appeal;

(C)Between Courts of Appeal; or

(D)Between divisions of a Court of Appeal.

(2)The clerk of the transferee court must promptly send each party a copy of the transfer order with the new case number, if any.

(Subd (a) amended effective January 1, 2007.)

(b) Transfer by a Court of Appeal administrative presiding justice

(1)A Court of Appeal administrative presiding justice may transfer causes between divisions of that court as follows:

(A)If multiple appeals or writ petitions arise from the same trial court action or proceeding, the presiding justice may transfer the later appeals or petitions to the division assigned the first appeal or petition.

(B)If, because of recusals, a division does not have three justices qualified to decide a cause, the presiding justice may transfer it to a division randomly selected by the clerk.

(2)The clerk must promptly notify the parties of the division to which the cause was transferred.

Rule 10.1000 amended and renumbered effective January 1, 2007; adopted as rule 47.1 effective January 1, 2003.

Advisory Committee Comment

Subdivision (a). Subdivision(a)(1) implements article VI, section 12(a) of the Constitution. As used in article VI, section 12(a) and in the rule, the term "cause" is broadly construed to include "'all cases, matters, and proceedings of every description'" adjudicated by the Courts of Appeal and the Supreme Court. (In re Rose (2000) 22 Cal.4th 430, 540, quoting In re Wells (1917) 174 Cal. 467, 471.)

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