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2024 California Rules of Court

Rule 8.806. Applications

(a) Service and filing

Except as these rules provide otherwise, parties must serve and file all applications, including applications to extend time to file records, briefs, or other documents and applications to shorten time. Applications to extend the time to prepare the record on appeal may be filed in either the trial court or the appellate division. All other applications must be filed in the appellate division. For good cause, the presiding judge of the court where the application was filed, or his or her designee, may excuse advance service.

(b) Contents

The application must:

(1)  State facts showing good cause to grant the application; and

(2)  Identify any previous applications relating to the same subject filed by any party in the same appeal or writ proceeding.

(c) Envelopes

If any party or parties in the case are served in paper form, an application must be accompanied by addressed, postage-prepaid envelopes for the clerk's use in mailing copies of the order on the application to those parties.

(Subd (c) amended effective January 1, 2016.)

(d) Disposition

Unless the court determines otherwise, the presiding judge of the court in which the application was filed, or his or her designee, may rule on the application.

Rule 8.806 amended effective January 1, 2016; adopted effective January 1, 2009.

Advisory Committee Comment

Subdivision (a). See rule 1.21 for the meaning of "serve and file," including the requirements for proof of service.

Subdivisions (a) and (d). These provisions permit the presiding judge to designate another judge, such as the trial judge, to handle applications.

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