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← California Appellate Rules

Part 1 — Rules Relating to the Supreme Court and Courts of Appeal

8.1 Title
8.10 Definitions and use of terms
8.100 Filing the appeal D
8.104 Time to appeal D
8.108 Extending the time to appeal D
8.11 Scope of rules
8.112 Petition for writ of supersedeas D
8.116 Request for writ of supersedeas or temporary stay
8.120 Record on appeal
8.121 Notice designating the record on appeal D
8.122 Clerk's transcript D
8.123 Record of administrative proceedings D
8.124 Appendixes D
8.128 Superior court file instead of clerk's transcript D
8.13 Amendments to rules
8.130 Reporter's transcript D
8.134 Agreed statement D
8.137 Settled statement D
8.140 Failure to procure the record D
8.144 Form of the record
8.147 Record in multiple or later appeals in same case
8.149 When the record is complete
8.150 Filing the record
8.153 Lending the record D
8.155 Augmenting and correcting the record D
8.16 Amendments to statutes
8.163 Presumption from the record
8.18 Documents violating rules not to be filed
8.20 California Rules of Court prevail
8.200 Briefs by parties and amici curiae D
8.204 Contents and format of briefs
8.208 Certificate of Interested Entities or Persons D
8.212 Service and filing of briefs D
8.216 Appeals in which a party is both appellant and respondent D
8.220 Failure to file a brief D
8.224 Transmitting exhibits D
8.23 Sanctions to compel compliance
8.240 Calendar preference
8.244 Settlement, abandonment, voluntary dismissal, and compromise D
8.248 Prehearing conference D
8.25 Service, filing, and filing fees
8.252 Judicial notice; findings and evidence on appeal
8.254 New Authorities
8.256 Oral argument and submission of the cause D
8.26 Waiver of fees and costs D
8.264 Filing, finality, and modification of decision D
8.268 Rehearing D
8.272 Remittitur
8.276 Sanctions D
8.278 Costs on appeal D
8.29 Service on nonparty public officer or agency
8.300 Appointment of appellate counsel by the Court of Appeal
8.304 Filing the appeal; certificate of probable cause D
8.308 Time to appeal D
8.312 Stay of execution and release on appeal
8.316 Abandoning the appeal
8.32 Address and other contact information of record; notice of change
8.320 Normal record; exhibits
8.324 Application in superior court for addition to normal record
8.328 Confidential records [Repealed]
8.332 Juror-identifying information
8.336 Preparing, certifying, and sending the record D
8.340 Augmenting or correcting the record in the Court of Appeal
8.344 Agreed statement D
8.346 Settled statement D
8.36 Substituting parties; substituting or withdrawing attorneys
8.360 Briefs by parties and amici curiae D
8.361 Certificate of interested entities or persons
8.366 Hearing and decision in the Court of Appeal D
8.368 Hearing and decision in the Supreme Court
8.380 Petition for writ of habeas corpus filed by petitioner not represented by an attorney
8.384 Petition for writ of habeas corpus filed by an attorney for a party
8.385 Proceedings after the petition is filed D
8.386 Proceedings if the return is ordered to be filed in the reviewing court D
8.387 Decision in habeas corpus proceedings D
8.388 Appeal from order granting relief by writ of habeas corpus
8.390 Application
8.391 Qualifications and appointment of counsel by the Court of Appeal
8.392 Filing the appeal; certificate of appealability D
8.393 Time to appeal D
8.394 Stay of execution on appeal
8.395 Record on appeal D
8.396 Briefs by parties and amici curiae D
8.397 Claim of ineffective assistance of trial counsel not raised in the superior court
8.398 Finality
8.4 Application of division
8.40 Cover requirements for documents filed in paper form
8.400 Application
8.401 Confidentiality
8.403 Right to appointment of appellate counsel and prerequisites for appeal
8.404 Stay pending appeal
8.405 Filing the appeal D
8.406 Time to appeal D
8.407 Record on appeal
8.408 Record in multiple appeals in the same case
8.409 Preparing and sending the record D
8.41 Protection of privacy in documents and records
8.410 Augmenting and correcting the record in the reviewing court
8.411 Abandoning the appeal
8.412 Briefs by parties and amici curiae D
8.416 Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule D
8.417 Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction D
8.42 Requirements for signatures of multiple parties on filed documents
8.44 Number of copies of filed documents
8.45 General provisions
8.450 Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26 D
8.452 Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26 D
8.454 Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights D
8.456 Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights D
8.46 Sealed records D
8.47 Confidential records D
8.470 Hearing and decision in the Court of Appeal
8.472 Hearing and decision in the Supreme Court
8.474 Procedures and data
8.480 Appeal from order establishing conservatorship
8.482 Appeal from judgment authorizing conservator to consent to sterilization of conservatee
8.483 Appeal from order of civil commitment
8.485 Application
8.486 Petitions D
8.487 Opposition and amicus curiae briefs D
8.488 Certificate of Interested Entities or Persons D
8.489 Notice to trial court D
8.490 Filing, finality, and modification of decisions; rehearing; remittitur D
8.491 Responsive pleading under Code of Civil Procedure section 418.10 D
8.492 Sanctions D
8.493 Costs
8.497 Review of California Environmental Quality Act cases under Public Resources Code sections 21178-21189.3 [Repealed]
8.50 Applications
8.500 Petition for review D
8.504 Form and contents of petition, answer, and reply
8.508 Petition for review to exhaust state remedies
8.512 Ordering review D
8.516 Issues on review
8.520 Briefs by parties and amici curiae; judicial notice D
8.524 Oral argument and submission of the cause D
8.528 Disposition
8.532 Filing, finality, and modification of decision D
8.536 Rehearing
8.54 Motions D
8.540 Remittitur
8.544 Costs and sanctions
8.548 Decision on request of a court of another jurisdiction D
8.552 Transfer for decision D
8.57 Motions before the record is filed
8.60 Extending time
8.63 Policies and factors governing extensions of time
8.66 Tolling or extending time because of public emergency D
8.68 Shortening time
8.7 Construction
8.70 Application, construction, and definitions
8.71 Electronic filing
8.72 Responsibilities of court and electronic filer
8.73 Contracts with electronic filing service providers
8.74 Format of electronic documents
8.75 Requirements for signatures on documents
8.76 Payment of filing fees
8.77 Actions by court on receipt of electronically submitted document; date and time of filing
8.78 Electronic service
8.79 Court order requiring electronic service D
8.80 Statement of purpose
8.81 Application and scope
8.82 Definitions
8.83 Public access
8.84 Limitations and conditions
8.85 Fees for copies of electronic records
8.90 Privacy in opinions

Part 6 — Transfer of Appellate Division Cases to the Court of Appeal

8.1000 Application
8.1002 Transfer authority
8.1005 Certification for transfer by the appellate division D
8.1006 Petition for transfer D
8.1007 Transmitting record to Court of Appeal
8.1008 Order for transfer D
8.1010 Renumbered effective January 1, 2011
8.1012 Briefs and argument D
8.1014 Proceedings in the appellate division after certification or transfer
8.1016 Disposition of transferred case
8.1018 Finality and remittitur

Part 7 — Publication of Appellate Opinions

8.1100 Authority
8.1105 Publication of appellate opinions
8.1110 Partial publication
8.1115 Citation of opinions
8.1120 Requesting publication of unpublished opinions D
8.1125 Requesting depublication of published opinions D

Part 2 — Rules Relating to Death Penalty Appeals and Habeas Corpus Proceedings

8.601 Definitions
8.603 In general
8.605 Qualifications of counsel in death penalty appeals D
8.608 General provisions
8.610 Contents and form of the record
8.611 Juror-identifying information
8.613 Preparing and certifying the record of preliminary proceedings D
8.616 Preparing the trial record D
8.619 Certifying the trial record for completeness D
8.622 Certifying the trial record for accuracy D
8.630 Briefs by parties and amicus curiae D
8.631 Applications to file overlength briefs in appeals from a judgment of death D
8.634 Transmitting exhibits; augmenting the record in the Supreme Court
8.638 Oral argument and submission of the cause D
8.642 Filing, finality, and modification of decision; rehearing; remittitur
8.652 Qualifications of counsel in death penalty-related habeas corpus proceedings D

Part 3 — Rules Relating to Miscellaneous Appeals and Writ Proceedings

8.700 Definitions and application
8.701 Filing and service
8.702 Appeals D
8.703 Writ proceedings
8.705 Court of Appeal costs in certain streamlined CEQA projects D
8.710 Application
8.711 Filing and service
8.712 Notice of appeal
8.713 Record on appeal D
8.714 Superior court clerk duties
8.715 Briefing D
8.716 Oral argument D
8.717 Extensions of time
8.720 Review of Workers' Compensation Appeals Board cases D
8.724 Review of Public Utilities Commission cases D
8.728 Review of Agricultural Labor Relations Board and Public Employment Relations Board cases D
8.730 Filing, modification, and finality of decision; remittitur D

Part 4 — Rules Relating to the Superior Court Appellate Division

8.800 Application of division and scope of rules
8.802 Construction
8.803 Definitions
8.804 Requirements for signatures on documents
8.805 Amendments to rules and statutes
8.806 Applications
8.808 Motions D
8.809 Judicial notice
8.810 Extending time
8.811 Policies and factors governing extensions of time
8.812 Relief from default
8.813 Shortening time
8.814 Substituting parties; substituting or withdrawing attorneys
8.815 Form of filed documents
8.816 Address and other contact information of record; notice of change
8.817 Service and filing
8.818 Waiver of fees and costs D
8.819 Sealed records
8.820 Application of chapter
8.821 Notice of appeal D
8.822 Time to appeal D
8.823 Extending the time to appeal D
8.824 Writ of supersedeas D
8.825 Abandonment, voluntary dismissal, and compromise D
8.830 Record on appeal
8.831 Notice designating the record on appeal D
8.832 Clerk's transcript D
8.833 Trial court file instead of clerk's transcript D
8.834 Reporter's transcript D
8.835 Record when trial proceedings were officially electronically recorded D
8.836 Agreed statement D
8.837 Statement on appeal D
8.838 Form of the record
8.839 Record in multiple appeals
8.840 Completion and filing of the record
8.841 Augmenting and correcting the record in the appellate division D
8.842 Failure to procure the record D
8.843 Transmitting exhibits D
8.845 Appendixes D
8.850 Application of chapter
8.851 Appointment of appellate counsel D
8.852 Notice of appeal
8.853 Time to appeal D
8.854 Stay of execution and release on appeal
8.855 Abandoning the appeal
8.860 Normal record on appeal
8.861 Contents of clerk's transcript
8.862 Preparation of clerk's transcript D
8.863 Trial court file instead of clerk's transcript D
8.864 Record of oral proceedings D
8.865 Contents of reporter's transcript
8.866 Preparation of reporter's transcript D
8.867 Limited normal record in certain appeals
8.868 Record when trial proceedings were officially electronically recorded D
8.869 Statement on appeal D
8.870 Exhibits D
8.871 Juror-identifying information
8.872 Sending and filing the record in the appellate division
8.873 Augmenting or correcting the record in the appellate division
8.874 Failure to procure the record D
8.880 Application
8.881 Notice of briefing schedule
8.882 Briefs by parties and amici curiae D
8.883 Contents and form of briefs
8.884 Appeals in which a party is both appellant and respondent D
8.885 Oral argument D
8.886 Submission of the cause
8.887 Decisions
8.888 Finality and modification of decision D
8.889 Rehearing D
8.890 Remittitur
8.891 Costs and sanctions in civil appeals D
8.900 Application of chapter
8.901 Notice of appeal
8.902 Time to appeal D
8.903 Stay of execution on appeal
8.904 Abandoning the appeal
8.910 Normal record on appeal
8.911 Prosecuting attorney's notice regarding the record D
8.912 Contents of clerk's transcript
8.913 Preparation of clerk's transcript D
8.914 Trial court file instead of clerk's transcript D
8.915 Record of oral proceedings
8.916 Statement on appeal D
8.917 Record when trial proceedings were officially electronically recorded D
8.918 Contents of reporter's transcript
8.919 Preparation of reporter's transcript D
8.920 Limited normal record in certain appeals
8.921 Exhibits D
8.922 Sending and filing the record in the appellate division
8.923 Augmenting or correcting the record in the appellate division
8.924 Failure to procure the record D
8.925 General application of chapter 4
8.926 Notice of briefing schedule
8.927 Briefs D
8.928 Contents and form of briefs
8.929 Oral argument D
8.930 Application
8.931 Petitions filed by persons not represented by an attorney
8.932 Petitions filed by an attorney for a party
8.933 Opposition D
8.934 Notice to trial court
8.935 Filing, finality, and modification of decisions; rehearing; remittitur D
8.936 Costs

Part 5 — Rules Relating to Appeals and Writs in Small Claims Cases

8.950 Application
8.952 Definitions
8.954 Filing the appeal
8.957 Record on appeal
8.960 Continuances D
8.963 Abandonment, dismissal, and judgment for failure to bring to trial
8.966 Examination of witnesses
8.970 Application
8.971 Definitions
8.972 Petitions filed by persons not represented by an attorney
8.973 Petitions filed by an attorney for a party
8.974 Opposition D
8.975 Notice to small claims court
8.976 Filing, finality, and modification of decisions; remittitur D
8.977 Costs

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Appellate Rules

Part 1 · Rules Relating to the Supreme Court and Courts of Appeal

Rule 8.328. Confidential records [Repealed]

Amended January 1, 2007 (current)

This rule has been repealed.

Source: Cal. Rules of Court, rule 8.328

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