Forms & Rules

BY THE COURT:

Pursuant to this court's e-filing project (Cal. Rules of Court, rules 8.70 et seq.), the following documents may be filed with the court in electronic text-searchable PDF (portable document format):

1. Application for an extension of time in a criminal appeal (first 30-day extension only);
2. application for an extension of time in a civil appeal (first 30-day extension only);
3. stipulation for extension of time in a civil appeal (up to 60 days);
4. recommendation for appointment of counsel sent from the Central California Appellate Program (CCAP) with application;
5. change of address;
6. change of defendant’s address sent from the Central California Appellate Program (CCAP);
7. substitution or association of counsel;
8. copy from the superior court of the notice of designation of record;
9. copy from the superior court of an omission letter;
10. copy from the superior court of an abandonment;
11. notice of settlement;
12. request to dismiss with no briefs filed;
13. request for oral argument; and
14. a service copy of documents filed in the Supreme Court.

In addition, in circumstances where the rules of court require the filing of an original and four paper copies, counsel and self-represented parties may file an original and three paper copies and submit one electronic text-searchable PDF copy through the court's website at http://www.courts.ca.gov/3dca.htm. And in circumstances where the rules of court require the filing of an original and one paper copy of a motion or an opposition or other response to a motion, counsel and self-represented parties may file an original and submit one electronic text-searchable PDF copy through the court’s website at http://www.courts.ca.gov/3dca.htm.

Submitting an electronic copy to this court will satisfy the requirements for service on the California Supreme Court under California Rules of Court, rule 8.212(c)(2). But counsel shall continue to serve paper copies according to the additional service requirements of California Rules of Court, rule 8.360(d), unless a party agrees to accept electronic service. (Cal. Rules of Court, rule 8.71(a)(2).)

Dated: March 6, 2013

RAYE, P.J.

BY THE COURT:

Miscellaneous Order 2010-002 is hereby vacated. (See, People v. Brown (June 18, 2012, S181963) ___ Cal.4th ___ [2012 Cal. LEXIS 5263].)

Dated: June 22, 2012

RAYE, P.J.

This court previously transferred the records in cases numbered 3 Crim. 12079 to 3 Crim. 15810; 3 Civ. 21738 to 3 Civ. 26218; and C000007 to C004295, both criminal and civil, to the State Records Center. In addition, the court transferred confidential material in cases numbered 3 Crim. 10993 to 3 Crim. 15878 and C000168 to C008189, both criminal and civil. The State Records Center is hereby authorized to destroy, or in
its discretion, retain for historical purposes any record in accordance with rule 10.1028 of the California Rules of Court.

Dated: March 3, 2011

RAYE, P.J.

BY THE COURT:

In all pending appeals in which an opinion has not yet been filed and in which appellant is arguably entitled to additional presentence custody credits pursuant to the amendments to Penal Code section 4019, effective January 25, 2010, the court will deem the following issue raised without additional briefing:

The amendments to Penal Code section 4019 apply retroactively to appeals pending on January 25, 2010; thus, appellant is entitled to recalculation of presentence work and custody credits.

Dated: March 16, 2010

SCOTLAND, P.J.

BY THE COURT:

In appeals wherein the time for filing a petition for writ of certiorari in the United States Supreme Court has not expired, court-appointed counsel may be reimbursed for an additional four hours of time to file a petition for writ of certiorari in the United States Supreme Court which raises the issues of whether an adjudication sustained by a defendant in the juvenile court, while a minor, qualifies as a prior felony conviction for purposes of increasing the maximum sentence under the California Three Strikes Law or as a prior conviction for purposes of imposing an upper term of imprisonment under the fact of a prior conviction exception enunciated in Apprendi v. New Jersey (2000) 530 U.S. 466 and Cunningham v. California (2007) 549 U.S. 270. (See People v. Nguyen (July 2, 2009, S154947)___Cal.4th___.)

Court-appointed counsel will not be required to file a motion to expand the scope of their appointment for preparation of a petition based on either of these issues. The claim for reimbursement for this work is to be submitted as part of the claim for compensation. A copy of the petition must be submitted with the claim.

Dated: July 16, 2009

SCOTLAND, P.J.

BY THE COURT:

As dictated by Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, this intermediate appellate court is bound by the decisions issued by the California Supreme Court in People v. Black (July 19, 2007, S126182 ___ Cal.4th ___ (Black II)) and People v. Sandoval (July 19, 2007, S148917 ___ Cal.4th ___ (Sandoval)).

IT IS THEREFORE ORDERED that, in any case in which appellant’s opening brief has been filed, this court shall not accept for filing any supplemental briefing challenging Black II and Sandoval on federal constitutional grounds. Appellants shall be deemed to have challenged the decisions in Black II and Sandoval on any such federal constitutional grounds, and to have thereby preserved the issues for petition for review to the California Supreme Court and petitions for appellate or collateral review by the federal courts.

Dated: July 26, 2007

SCOTLAND, P.J.

BY THE COURT:

In pending appeals in which an appellant’s opening brief was filed prior to the date this order is issued, and in which an opinion has not yet been filed, an application for leave to file a supplemental brief shall not be required before filing of a supplemental brief arguing, based on the decision of the United States Supreme Court in Cunningham v. California, (No. 05-6551. January 22, 2007, ___ U.S. ___; ___ S.Ct. ___; ___ L.Ed.2d ___; 2007 WL 135687; 2007 U.S.LEXIS 1324; 2007 DJDAR 965), that imposition of the upper term is unconstitutional. Henceforth, appellants shall not submit for filing any application for leave to file a supplemental brief challenging imposition of the upper term premised on Cunningham.

Any supplemental appellant’s opening brief submitted pursuant to this order shall be served and filed on or before February 23, 2007. If a supplemental brief is filed pursuant to this order, the time for filing respondent’s brief shall be extended by 30 days.

If respondent’s brief has already been filed, respondent shall have leave to file a supplemental respondent’s brief within 15 days of filing of the supplemental opening brief, and any appellant’s supplemental reply brief shall be served and filed within 10 days of filing of the supplemental respondent’s brief.

Dated: January 24, 2007

SCOTLAND, P.J.

(a) Mediation program

To enable efficient case management and more expeditious resolution of civil appeals, the Court of Appeal, Third Appellate District ("the Court") has a Mediation Program ("Program"). Procedures for mediation and operation of the Program are promulgated by the Court of Appeal Mediation Program Committee ("Committee").

(b) Mediation program administration

The Program is administered by a Mediation Program Coordinator ("Coordinator") acting under the direction of the Committee and under the supervision of the Administrative Presiding Justice or a designated Supervising Associate Justice.

(c) Scope of mediation program

(1) Other than appeals expressly exempt from the Program, a civil appeal will be placed in the Program if selected by the Administrative Presiding Justice or a designated Supervising Associate Justice.

(2) Any appeal taken from a judgment or order entered in a conservatorship, guardianship, or sterilization proceeding is exempt from the Program.

(3) With permission of the Court, a civil appeal exempt from, or not selected for, mediation may be placed in the Program by stipulation of the parties in accordance with subparagraph (f)(7).

(d) Mediation eligibility assessment

If the Administrative Presiding Justice or a designated Supervising Associate Justice tentatively selects an appeal for the Program, the Coordinator may communicate with counsel and independently assess the appeal for continued inclusion in the Program.

(e) Costs and fees for mediation services

(1) Mediation services are provided to the parties by the Court without fee. Mediators will not charge the parties any fee for the first four hours of the mediation session or sessions.

(2) After four hours, the parties and the mediator may agree on a fee to be paid by the parties to the mediator to continue the mediation.

(3) The mediator's preparation time and any time spent in pre-mediation session communications will not be included in the four-hour calculation.

(f) Mediation process

(1) Appellate record

(A) Effective upon filing of any notice of appeal in a civil case not expressly exempt from the Program, the provisions of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, and submission of a proposed briefing schedule, are suspended, pending the Court's decision to select or not to select the appeal for mediation.

(B) These rules do not prohibit the superior court from collecting its deposit required by section 68926.1 of the Government Code and by rule 8.100(b)(2) of the California Rules of Court.

(2) Duties of the clerk of the court

(A) Upon receiving notice of filing of a civil appeal in any case that is otherwise appropriate for mediation, the clerk must promptly mail:

(i) to appellant the Civil Case Information Statement form, as required by rule 8.100(f) of the California Rules of Court, and an Appellant's Civil Appeal Mediation Statement form.

(ii) to respondent a Respondent's Civil Appeal Mediation Statement form.

(B) Generally, multiple appeals from the same judgment or a related order are assigned the same appellate case number unless the record for the first notice of appeal has already been filed. (See Advisory Committee Comment to Cal. Rules of Court, rule 8.147.) Subsequent appellant's and respondent's Civil Appeal Mediation Statements will not be required when a second or subsequent notice of appeal has been filed within the same appellate case number.

(3) Filing of the Appellant's Civil Appeal Mediation Statement

(A) Within 10 days after the clerk mails the Appellant's Civil Appeal Mediation Statement form, appellant must serve and file the statement.

(B) Failure to timely file either the Appellant's Civil Case Information Statement or the Appellant's Civil Appeal Mediation Statement will result in dismissal of the appeal, without prejudice to reinstatement upon a showing of good cause.

(4) Filing of the Respondent's Civil Appeal Mediation Statement

(A) Within 10 days after filing of the Appellant's Civil Appeal Mediation Statement, respondent must serve and file a Respondent's Civil Appeal Mediation Statement.

(B) Failure to timely file a Respondent's Civil Appeal Mediation Statement will result in the appeal being assessed for mediation eligibility without input from the respondent.

(5) Duties of the coordinator

(A) The Coordinator must notify the parties whether the appeal has been selected for the Program within 10 days after the respondent files Respondent's Civil Appeal Mediation Statement. If the respondent fails to file a Civil Appeal Mediation Statement, the Coordinator must notify the parties whether the appeal has been selected for the Program within 10 days after Respondent's Civil Appeal Mediation Statement was due to be filed.

(B) The Coordinator will assign mediators to appeals selected for the Program.

(C) The Coordinator may replace a selected mediator upon written request by a party supported by a showing of good cause or upon request of the mediator.

(6) Case assessment process

(A) Cases eligible for mediation

(i) If an appeal is selected for the Program, the Coordinator will furnish the parties with the name, address, and telephone number of the mediator, and three dates when the mediator is available for the mediation sessions.

(ii) Within 10 days after receipt of notice of the dates the mediator is available, the parties must mutually confer and advise the Coordinator and the mediator of their scheduling preferences.

(iii) If an appeal is selected for the Program, suspension of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court will remain in effect until completion of mediation.

(B) Cases not eligible for mediation

(i) If an appeal is not selected for the Program, the Coordinator must concurrently notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court is terminated.

(ii) Upon notification by the Coordinator that an appeal was not selected for the Program, the parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.

(7) Stipulation to mediate

(A) If an appeal is exempt from the Program or is not selected for the Program, the parties may stipulate to placement of the appeal in the Program.

(B) The stipulation must be served on the superior court and filed with the Court within 10 days of filing of notice of appeal. The original signature of at least one party must appear on the stipulation filed in the Court; the signatures of the other parties may be in the form of fax copies of the signed signature page of the stipulation.

(C) Upon receipt of the stipulation by the superior court, the provisions of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, and submission of a proposed briefing schedule, are suspended.

(D) The Court will decide whether to accept the stipulation and place the appeal in the Program.

(E) If the appeal is selected for the Program, suspension of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court must remain in effect until completion of mediation.

(F) If the appeal is not selected for the Program, the Coordinator must concurrently notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court is terminated.

(G) Upon notification by the Coordinator that the appeal was not selected for the Program, the parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.

(8) Continuation of mediation sessions

The mediator, with approval of the Coordinator, may, for good cause, continue a mediation session to a date certain.

(9) Mediator communications with parties and counsel

(A) The mediator may at any time communicate with any of the parties or their counsel with or without notice to the other parties or their counsel.

(B) The mediator may require parties or their counsel to furnish information, documents, records, or other items specified by the mediator.

(10) Full authority to settle

(A) Counsel, parties, and persons with full authority to settle the appeal must personally attend the mediation, unless excused in writing by the mediator for good cause. If any consent to settle is required for any reason, the party or person with that consensual authority must be personally present at the mediation.

(B) If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply must attend all mediation sessions in person, with full settlement authority. The party with such potential insurance coverage and that party's counsel shall serve timely notice to each insurance carrier with potential insurance coverage informing the carrier: (i) that appellate mediation has been ordered; (ii) that the carrier must have a representative with full settlement authority attend all mediation sessions in person; and (iii) of the date, time, and place of all mediation sessions. (See Campagnone v. Enjoyable Pools & Spas Service & Repairs, Inc. (2008) 163 Cal.App.4th 566.)

(C) The mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation.

(11) Completion of mediation

(A) Within 10 days after completion of mediation, the mediator must submit to the Coordinator a Mediation Attendance Form, listing all participants in the mediation, and a Mediator's Statement, notifying the Coordinator of the results of the mediation.

(B) Within 10 days after completion of mediation, the parties and their counsel must separately complete and submit to the Coordinator confidential evaluations of the mediation and the mediator on a form provided by the Coordinator.

(12) Appeal not resolved by mediation

(A) If completion of mediation does not result in disposition of the appeal, the Coordinator must, within 10 days after notice of completion of the mediation, concurrently notify the parties, the superior court, and this Court, in writing, that suspension of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court is terminated.

(B) The parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.

(13) Appeal resolved by mediation

(A) Pursuant to California Rules of Court, rule 8.244(a) and (b), if the mediation results in a disposition of the appeal, and the record has not been filed in the Court, the appellant must promptly file a notice of settlement with the Court and, within 45 days thereafter, file an abandonment of the appeal in the superior court.

(B) Pursuant to California Rules of Court, rule 8.244(a) and (c), if the mediation results in a disposition of the appeal, and the record has been filed in the Court, the appellant must promptly file a notice of settlement in the Court and must, within 45 days thereafter, serve and file in the Court a request for dismissal of the appeal.

(g) Confidentiality

(1) Except as otherwise required by law, information disclosed to the mediator, the parties, counsel, or any other participant in the mediation including the Coordinator, is confidential.

(2) The parties and the mediator must sign a confidentiality agreement in a form designated by the Court.

(h) Ethical Standards

Mediators must adhere to the rules of conduct for mediators in court-sponsored mediation programs for civil cases, as set forth in the California Code of Civil Procedure and the California Rules of Court.

(i) Sanctions

Monetary sanctions may be imposed following a noticed motion by a party seeking sanctions for failure to comply with the rules or upon the Court's own motion.

(Adopted, eff. October 2, 2006. As amended, eff. March 2, 2007; May 29, 2009.)

Rule 8.128 of the California Rules of Court provides for the use of the original superior court file in lieu of the clerk's transcript on appeal in those civil cases where the parties so stipulate. In accordance with rule 8.128 of the California Rules of Court, the procedure therein is approved for use by the superior courts within this district.

(Formerly Rule 22, adopted, eff. September 4, 1989. Renumbered Rule 2, eff. October 2, 2006. As amended, eff. March 2, 2007.)

Each side is allowed 15 minutes for oral argument. Where there are more than two parties, a "side" consists of all parties whose interests are not adverse. If there are more than two parties represented by separate counsel who request oral argument, or if counsel for amicus curiae requests oral argument, the court may apportion or expand the time according to the respective interests of the parties and of amicus curiae.

Any request for additional time for oral argument must be made by written application submitted to the court within 10 calendar days of the date of the order setting oral argument. The application must be served contemporaneously on all other parties and must specify the amount of time requested and the issues to which additional oral argument will be addressed. When an application is granted, the time allotted to the other side or sides will be similarly enlarged.

All parties will be advised of the disposition of any such application prior to hearing.

(Formerly Rule 23, adopted, eff. April 10, 1998. Renumbered Rule 3, eff. October 2, 2006.)

A party making a motion to have the Court take judicial notice of legislative history documents must identify each such document as a separate exhibit and must provide legal authority supporting the consideration of each document as cognizable legislative history. (See Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26.)

(Adopted, eff. October 2, 2006.)

Former Rule 5. Repealed effective October 2, 2006.
Former Rule 6. Repealed effective October 2, 2006.
Former Rule 7. Repealed effective October 2, 2006.
Former Rule 8. Repealed effective October 2, 2006.
Former Rule 9. Repealed effective October 2, 2006.
Former Rule 10. Repealed effective October 2, 2006.
Former Rule 21. Repealed effective July 6, 1993.
Former Rule 22. Renumbered rule 2 effective October 2, 2006.
Former Rule 23. Renumbered rule 3 effective October 2, 2006.
Former Rule 31. Repealed effective October 2, 2006.