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2014 California Rules of Court

Rule 10.803. Information access disputes-writ petitions (Gov. Code, § 71675)

(a) Availability

This rule applies to petitions filed under rule 10.500(j)(1) and Government Code section 71675(b).

(Subd (a) amended effective January 1, 2010; previously amended effective 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)):

"Writ petition filed under rule 10.500(j)(1) and Government Code section 71675-Assignment of Court of Appeal justice required."

(2)When the petition is filed, the clerk of the court must immediately request of the Chief Justice the assignment of a hearing judge from the panel established under (e).

(3)If an assignment is made, 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, 2010; previously amended effective January 1, 2007.)

(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 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 Writ Petition filed under rule 10.500(j)(1) and Government Code section 71675-Expedited Processing Requested."

(Subd (d) amended effective January 1, 2010; previously amended effective January 1, 2007.)

(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 10.803 amended effective January 1, 2010; adopted as rule 6.710 effective October 15, 2004; previously amended and renumbered effective January 1, 2007.

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