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2024 California Rules of Court

Rule 10.1012. Supervising progress of appeals

(a) Duty to ensure prompt filing

The administrative presiding justices of Courts of Appeal with more than one division in the same city and the presiding justices of all other Courts of Appeal are generally responsible for ensuring that all appellate records and briefs are promptly filed. Staff must be provided for that purpose, to the extent that funds are appropriated and available.

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

(b) Authority

Notwithstanding any other rule, the administrative presiding justices and presiding justices referred to in (a) may:

(1)  Grant or deny applications to extend the time to file records, briefs, and other documents, except that a presiding justice may extend the time to file briefs in conjunction with an order to augment the record;

(2)  Order the dismissal of an appeal or any other authorized sanction for noncompliance with these rules, if no application to extend time or for relief from default has been filed before the order is entered; and

(3)  Grant relief from default or from a sanction other than dismissal imposed for the default.

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

Rule 10.1012 amended and renumbered effective January 1, 2007; repealed and adopted as rule 77 effective January 1, 2005.

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