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2014 California Rules of Court

Rule 10.660. Enforcement of agreements-petitions (Gov. Code, §§ 71639.5, 71825.2)

(a) Application

This rule applies to petitions filed under Government Code sections 71639.5 and 71825.2.

(Subd (a) amended effective October 24, 2008; previously amended effective December 10, 2004, and January 1, 2007.)

(b) Assignment of Court of Appeal justice to hear the petition

(1)The petition must state the following on the first page, below the case number, in the statement of the character of the proceeding (see rule 2.111(6)): "Petition filed under Government Code sections 71639.5 and 71825.2-Assignment of Court of Appeal justice required."

(2)When the petition is filed, the clerk of the court must immediately request of the Judicial Assignments Unit of the Administrative Office of the Courts the assignment of a hearing judge from the panel established under (e).

(3)The judge assigned to hear the petition in the superior court must be a justice from a Court of Appeal for a district other than the district for that superior court.

(Subd (b) amended effective January 1, 2007; previously amended effective December 10, 2004.)

(c) Superior court hearing

(1)The superior court must hear and decide the petition on an expedited basis and must give the petition priority over other matters to the extent permitted by law and the rules of court.

(2)The petition must be heard by a judge assigned by the Chief Justice from the panel of hearing judges established under (e).

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

(d) Appeal

An appeal of the superior court decision must be heard and decided on an expedited basis in the Court of Appeal for the district in which the petition was heard and must be given priority over other matters to the extent permitted by law and the rules of court. The notice of appeal must state the following on the first page, below the case number, in the statement of the character of the proceeding (see rule 2.111(6)): "Notice of Appeal on Petition filed under Government Code sections 71639.5 and 71825.2-Expedited Processing Requested."

(Subd (d) amended effective January 1, 2007; previously amended effective December 10, 2004.)

(e) Panel of hearing judges

The panel of judges who may hear the petitions in the superior court must consist of Court of Appeal justices selected by the Chief Justice as follows:

(1)The panel must include at least one justice from each district of the Court of Appeal.

(2)Each justice assigned to hear a petition under (c)(2) must have received training on hearing the petitions as specified by the Chief Justice.

Rule 10.660 amended effective October 24, 2008; adopted as rule 2211 effective January 1, 2001; previously amended effective December 10, 2004; previously amended and renumbered effective January 1, 2007.

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