Forms & Local Rules

Forms

Job Application

Abandonment (APP-005)

Application for Extension of Time (Brief) (2DCA-04)

Application for Extension of Time (Non-Brief) (2DCA-02)

Civil Case Information Statement (2DCA/APP-004)

Certificate of Compliance (Rule 8.204(c))

Certificate of Interested Entities or Persons (Rules 8.208 and 8.490(i)) (APP-008)

Information on Appeal Procedures for Unlimited Civil Cases (2DCA/APP-001)

Information Sheet on Waiver of Appellate Court Fees (Supreme Court, Court of Appeal, Appellate Division) (FW-015-INFO)

Notice Designating Record (2DCA/APP-003)

Notice of Appeal (APP-002)

Notice of Settlement of Appeal (2DCA-14)

Order on Court Fee Waiver (Court of Appeal or Supreme Court) (FW-016)

Oral Argument Copy Request Form

Party Identification Sheet

Record Retrieval Request Form

Request and Order to File New Litigation by Vexatious Litigant

Request for Accommodations by Persons with Disabilities and Response (MC-410)

Request for Augmentation of Record Proposed Order (Civil) (2DCA-05)

Request for Augmentation of Record Proposed Order (Criminal) (2DCA-06)

Request for Augmentation of Record Proposed Order (Juvenile) (2DCA-07)

Request for Dismissal (APP-007)

Request to Waive Court Fees (FW-001)

Stipulated Request for Dismissal of Appeal (Civil Case) (2DCA-16)

Stipulation for Extension of Time (2DCA-01)

Substitution of Attorney - Civil

Verification

Proof of Service (2DCA-15)

Orders

Misc. Order 13-1

Local Rules of the Court of Appeal Second Appellate District


Rule 1. Contents of reporter's and clerk's transcripts

(a) CRIMINAL AND JUVENILE DELIQUENCY APPEALS
In addition to the normal record prescribed by rules 8.320, and 8.407 of the California Rules of Court, all records in defendants’ criminal appeals and minors’ juvenile delinquency appeals before the Court of Appeal, Second Appellate District, are hereby  augmented under rule 8.340  and 8.410 of the California Rules of Court to include reporter’s and clerk’s transcripts of the following:

(1) [Jury examination and opening statement]
Except if a conviction was obtained by plea or admission, reporter’s transcripts of (a) jury voir dire whenever a motion regarding the composition of the jury or jury panel (for example, a motion under People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2cl 748]) or a motion for a mistrial was made during the jury voir dire and decided in whole or in part adversely to the defendant; and (b) opening statements.

(2) [Sealed and in camera hearings]
Except if a conviction was obtained by plea or admission, oral proceedings of all sealed and in camera hearings resulting in rulings adverse in whole or in part to the appellant. These transcripts shall be listed in the index to the reporter’s transcript, and the original and two copies of the sealed transcripts shall be transmitted to this court in sealed envelopes marked “CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT COURT ORDER.”  This court shall provide a copy of the sealed transcripts, other than transcripts of a hearing from which the appellant and defense counsel were excluded, to the appellant’s counsel on appeal, upon his or her application.  If the appellant raises an issue on appeal relating to the sealed transcripts, copies of transcripts shall then be provided to the Attorney General upon their written request. Unless otherwise ordered by this court, the sealed transcripts of a hearing from which the appellant and defense counsel were excluded may be examined only by a justice of this court personally.

(3) [Waivers of constitutional rights]
Reporter’s transcripts of oral proceedings at which the appellant’s constitutional rights were waived.

(4) [Guilty or nolo contendere pleas and admissions]
Proceedings at which the appellant moved to with draw a guilty or nolo contendere plea or a juvenile admission, and proceedings at which sentence or disposition was imposed.

(5) [Pretrial proceedings]

(A) The following pretrial proceedings:

(i) proceedings to determine competence of the appellant (Pen. Code, § 1368);
and
(ii) motions for self-representation (Faretta v. California (1975) 422 U.S. 806 [95 S.Ct. 2525, 45 L.Ed.2d 562;).

(B) Except if a conviction or sustained petition was obtained by plea or admission, the following pretrial proceedings which were decided in whole or in part adversely to the appellant:

(i) motions to suppress identification;
(ii) motions to suppress statements of the appellant;
(iii) motions to permit or preclude impeachment of the appellant or a witness with prior offenses (People v. Castro (1985) 38 Cal.3d 301 [211 Cal.Rptr. 719, 696 P.2d 111)); (iv) motions for severance or joinder; (v) motions for change of venue; (vi) motions for discovery of police officer records (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305]); and (vii) in limine motions.

(6) [Revocation of probation]
In appeals from revocation of probation:  (a) the original sentencing or dispositional proceeding at which probation was imposed; (b) the proceedings at the time of entry of a guilty plea or nolo contendere plea or admission if the original judgment of conviction or sustained petition is based on such plea; and (c) the proceedings at which probation is revoked and the appellant is sentenced or disposition is imposed.

(b) Juvenile Dependency
In addition to the normal record prescribed by rules 8.407(a) and (b) of the California Rules of Court, the record in a juvenile dependency appeal before the Court of Appeal, Second Appellate District, is hereby augmented under rules 8.155(a), 8.410(b), and 8.416(d) of the California Rules of Court as follows:

(1) In all appeals under Welfare and Institutions Code section 395, subdivision (a) (1), a reporter’s transcript of the detention hearing.

(2) For an appeal from an order terminating parental rights under Welfare and Institutions Code section 366.26, except in a case where a notice of intent was previously filed (Welf. & Inst. Code section 366.26 subd. (l) (1)), a reporter’s transcript of the hearing at which the order setting a section 366.26 hearing was made.

(3) In all appeals under Welfare and Institutions Code section 395, subdivision (a) (1), a clerk’s transcript containing the printed ICWA inquiry forms (ICWA 010; ICWA 020); all notices sent to an Indian tribe (ICWA 030); all signed return receipts for the mailing of the ICWA 030 notices; and, all responses from an Indian tribe.

(4) In all appeals under Welfare and Institutions Code section 395, subdivision (a) (1), a reporter’s transcript of the oral proceedings for which the minutes indicate that the Indian Child Welfare Act (ICWA) was considered.

Rule 2. Augmentation of record and correction of omissions from record

    (a) [Material inadvertently omitted]

    Counsel should not file a motion to augment the record when items have been omitted from the designated (civil) or normal (criminal) record on appeal. In those cases counsel should immediately notify the clerk of the superior court, who shall forthwith comply with rule 8.340(b) of the California Rules of Court.

    (b) [When to file motion to augment]

    Appellant should file requests for augmentation in one motion within 40 days of the filing of the record. Respondent should file requests for augmentation in one motion made within 30 days of the filing of appellant's opening brief. Thereafter, motions to augment will not be granted except upon a showing of good cause for the delay.

    (c) [Clerk's transcript]

    A motion to augment or correct the clerk's transcript shall be accompanied by the documents requested. If the documents are not provided, the motion must identify them with specificity and contain an explanation for their omission. The motion and the accompanying documents must be served simultaneously on opposing counsel. The requested augmented materials shall have been filed or lodged with the trial court and the declaration shall so state.

    (d) [Reporter's transcript]

    A motion to augment the reporter's transcript shall identify the portion of the record with specificity, including the reporter's name and the date of the hearing. The motion shall establish with some certainty how the requested materials may be useful on appeal.

    (e) [Extensions of time]

    The time to perform any act required or permitted by the California Rules of Court will not be automatically extended by the filing of or ruling on a motion to augment. If additional time is needed, counsel may request an extension of time in the motion to augment.

    (f) [Good faith required]

    A motion to augment shall be made in good faith and shall not be made for the purpose of delay.

    (g) [Proposed order]

    A motion to augment must be accompanied by a proposed order. The form Order Re: Augmentation may be used.

    (h) [Attachments]

    When more than one document or transcript are attached to or submitted with a motion to augment the record pursuant to California Rules of Court, rule 8.155(a), the pages of the documents and transcripts must be consecutively numbered.

Rule 3. Designation of the record in civil appeals under California Rules of Court,

rules 8.120, 8.122, and 8.130

(a) [Contents of the notice and designation of record]

The notice to prepare a reporter's transcript and the designation of the contents of a clerk's transcript required to be filed with the clerk of the superior court by the California Rules of Court, rules 8.130, 8.120, and 8.122 shall include the following information:

(1) [Reporter's transcript]

The notice to prepare the reporter's transcript shall state for each oral proceeding to be included in the record (1) the date, (2) the department number, (3) the name of the reporter or electronic recording monitor, and (4) the nature of the proceeding.

(2) [Clerk's transcript]

The designation of the contents of the clerk's transcript shall state for each paper or record to be included (1) the title and (2) the date of filing. For each exhibit to be included in the clerk's transcript, the designation shall include (1) the exhibit number, (2) a brief description, and (3) the admission status.

(b) [Form to designate record]

The form Notice Designating Record form (2DCA/APP-003) may be used to designate the record in civil appeals.

(c) [Sanctions]

Failure to comply with this local rule is a failure to properly designate the record under California Rules of Court, rules 8.130, 8.120, and 8.122 and may result in the dismissal of the appeal or the imposition of monetary sanctions.

Rule 4. Proposed orders

Any motion or application filed with this court must be accompanied by a proposed order. Failure to comply with this local rule may result in the denial of the motion or application.

Rule 6. Advance Notice of Request for Immediate Relief in Juvenile Dependency Writ Petitions

Before filing a petition for extraordinary writ with a request for immediate relief in a juvenile dependency proceeding, the petitioner must use best efforts to provide notice in person, by telephone, by facsimile or by e-mail to all parties at the earliest possible time and, when practical, at least 24 hours before filing. In addition, before filing such a petition, the petitioner must deliver to all parties in person, by facsimile, or by e-mail a copy of the petition. A declaration of notice and delivery, including the date, time, manner, name of the individual notified, any response of the individual notified, and whether any opposition will be filed, or a declaration stating the reasons why notice or delivery could not be accomplished, must accompany the petition. Noncompliance with this rule will not prevent the court from exercising its discretion in the best interest of the child.

Rule 7. Copies of Briefs, Original Proceedings (Writs), Oppositions or Replies to a Writ Petition Including Any Exhibits or Appendices - Electronic or Paper.

A party that does not submit an electronic copy of any document, is required to submit one of the paper copies as scan-ready at the time of filing. “Scan-ready” means the document is unbound and does not have tabs or (for original proceedings) a red cover.

Briefs:
A party filing an electronic copy of a “brief” is required to send only three (3) paper copies. The filed date will be the date the electronic copy is received.

Writs/ Original Proceedings:
A party submitting an electronic copy of a writ petition, opposition or reply to a writ petition is required to file only an original and three (3) paper copies. For separately bound exhibits or appendices, one (1) paper copy is still required.

If the exhibits exceed 5MB, the petition may be submitted electronically (esubmitted) alone and the parties may provide an electronic copy of all exhibits in searchable form, with one pdf file for each volume, on a CD, DVD or thumb drive.

Rule 8. Filing of an appeal in a dependency matter by a person who is not the child, parent, guardian or social services agency

In order to comply with Welfare and Institutions Code section 827, an appellant who is not the child, parent, guardian or social services agency must complete and file a JV-570 Judicial Council Form Request for Disclosure of Juvenile Court File (JV-570) as follows:

(1) The JV-570 must be filed in the juvenile court with a timely notice of appeal, or within 10 days after the notice of appeal is filed.

(2) The judge or referee in the dependency case shall rule on the JV-570
within the time limit set forth in Welfare and Institutions 
Code section 827, subdivision (a) (2) (F).

(3) If the JV-570 is denied, the clerk shall prepare a transcript containing  the notice of appeal and the JV-570, the JV-571 [Notice of Request for Disclosure of Juvenile Case File],  any JV-572 [Objection to Release of Juvenile Case File] and the JV-573 [Order on Request for Disclosure of Juvenile Case File] and/or JV574 [Order After Judicial Review].

(4) If the Request is granted in whole or part, the clerk and the reporter shall prepare the record designated and approved by the judge or referee as set forth in the JV-574 Order After Judicial Review.

(5) If the JV-570 is not filed, the superior court clerk must promptly notify the petitioner in writing that if the form is not filed within 15 days after the notice is sent, the reviewing court will dismiss the appeal.

Rule 9. Record in later appeals in the same dependency cases

In a later appeal in a dependency case filed by a party in a prior appeal in the case, the record is augmented with the clerk’s and reporter’s transcripts in the previous appeal(s), and the record shall be prepared as follows:

(1) A clerk’s transcript containing the items listed under California Rules of Court rule 8.407 (a) [normal clerk’s transcript] which were filed after the judgment or order which was the subject of the prior appeal.

(2) A reporter’s transcript of the oral proceedings at any hearing which resulted in the order that is the subject of the later appeal.

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