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2024 California Rules of Court

Rule 8.480. Appeal from order establishing conservatorship

(a) Application

Except as otherwise provided in this rule, rules 8.304-8.368 and 8.508 govern appeals from orders establishing conservatorships under Welfare and Institutions Code section 5350 et seq.

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

(b) Clerk's transcript

The clerk's transcript must contain:

(1)  The petition;

(2)  Any demurrer or other plea;

(3)  Any written motion with supporting and opposing memoranda and attachments;

(4)  Any filed medical or social worker reports;

(5)  All court minutes;

(6)  All instructions submitted in writing, each noting the party requesting it;

(7)  Any verdict;

(8)  Any written opinion of the court;

(9)  The judgment or order appealed from;

(10)  The notice of appeal; and

(11)  Any application for additional record and any order on the application.

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

(c) Reporter's transcript

The reporter's transcript must contain all oral proceedings, excluding the voir dire examination of jurors and any opening statement.

(d) Sending the record

The clerk must not send a copy of the record to the Attorney General or the district attorney unless that office represents a party.

(e) Briefs

The parties must not serve copies of their briefs:

(1)  On the Attorney General or the district attorney, unless that office represents a party; or

(2)  On the Supreme Court under rule 8.44(b)(1).

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

Rule 8.480 amended and renumbered effective January 1, 2007; repealed and adopted as rule 39 effective January 1, 2005.

Advisory Committee Comment

Subdivision (a). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.

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