What is California Rules of court rule 8.268 B )( 2?
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What is the rule 8.252 in California?
(a) Judicial notice
(1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (D) Whether the matter to be noticed relates to proceedings occurring after the order or judgment that is the subject of the appeal.
What is the rule of court 8.272 in California?
(1) A Court of Appeal may direct immediate issuance of a remittitur only on the parties' stipulation or on dismissal of the appeal under rule 8.244(c)(2). (2) On a party's or its own motion or on stipulation, and for good cause, the court may stay a remittitur's issuance for a reasonable period or order its recall.
What is 8.340 B of the California Rules of court?
California Rules of Court, rule 8.340(b), addresses correcting the record when an item that is part of the normal record is missing. A request to correct the record is done via a letter, which is sent to the superior court that prepared the record rather than the court of appeal.
What is rule 8.78 of the California Rules of court?
Only attorneys who have agreed to accept eService in a case may be eServed. (Cal. Rule of Court, rule 8.78(a).) Under the rule, counsel who register to use the TF system are automatically deemed to have agreed to accept electronic service.
Rules of Court - Civil Procedure Rules 40-43 Appeals
What is rule 8.268 of the California Rules of court?
(1) On petition of a party or on its own motion, a reviewing court may order rehearing of any decision that is not final in that court on filing. (2) An order for rehearing must be filed before the decision is final.
What is Cal Rules of court rule 8.200 B?
Subdivision (b).
The rule specifies that "any party" may file a supplemental opening brief, and if such a brief is filed, "any opposing party" may file a supplemental responding brief. In this context the phrase "any party" is intended to mean any or all parties.
What is California rule of court 8.122 B )( 1?
(1) A notice designating documents to be included in a clerk's transcript must identify each designated document by its title and filing date or, if the filing date is not available, the date it was signed. The notice may specify portions of designated documents that are not to be included in the transcript.
What is California Rules of court rule 8.276 B )( 1?
(b) Motions for sanctions
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
What is the rule of court 8.702 in California?
If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until five court days after the superior court clerk serves notification of the first appeal.
What is the rule of court 8.29 in California?
Rule 8.29 refers to statutes that require a party to serve documents on a nonparty public officer or agency. For a list of examples of such statutory requirements, please see the Civil Case Information Statement (form APP-004).
What is the rule 8.883 of the California Rules of court?
Per Rule 8.883, the opening brief must concisely describe the law and facts relied on by the appellant in claiming that the trial court erred in making the judgment or order being appealed from. As noted above, function of an appellate court is to review errors of law, not to make factual determinations.
What is rule 8.548 of the California Rules of court?
(1) Within 20 days after the request is filed, any party or other person or entity wanting to support or oppose the request must send a letter to the Supreme Court, with service on the parties and on the requesting court.
What is rule 8.216 in California Rules of court?
(1) A party that is both an appellant and a respondent must combine its respondent's brief with its appellant's opening brief or its reply brief, if any, whichever is appropriate under the briefing sequence that the reviewing court orders.
What is rule 8.123 in California Rules of court?
(1) If the superior court has returned a designated administrative record to a party, the party in possession of the administrative record must make that record available to the other parties in the case for copying within 15 days after the notice designating the record on appeal is served and lodge the record with the ...
What is rule 3.1382 of the California Rules of court?
R. 3.1382. A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading.
What is Cal Rules of court rule 8.486 A?
(a) Contents of petition
(2) If the petition names as respondent a judge, court, board, or other officer acting in a public capacity, it must disclose the name of any real party in interest.
What is Cal Rules of court rule 8.528 B )( 1?
(b) Dismissal of review
(1) The Supreme Court may dismiss review. The clerk/executive officer of the Supreme Court must promptly send an order dismissing review to all parties and the Court of Appeal.
What are the rules 8.1000 8.1018 of the California Rules of court?
Rules 8.1000-8.1018 govern the transfer of cases within the appellate jurisdiction of the superior court-other than appeals in small claims cases-to the Court of Appeal. Unless the context requires otherwise, the term "case" as used in these rules means cases within that jurisdiction.
What is rule 8.512 in California Rules of court?
(1) The court may order review within 60 days after the last petition for review is filed. Before the 60-day period or any extension expires, the court may order one or more extensions to a date not later than 90 days after the last petition is filed.
What is the rule of court 8.120 in California?
Basic Written Contents of Records on Appeal
California Rules of Court, Rule 8.120 requires a record of written documents from the superior court proceedings in one of the following forms: Clerk's transcript. Appendix. The original superior court file, if a local rule of the reviewing court permits this form of the ...
What is rule 8.40 in Cal Rules of court?
The law firm, corporation, or public law office representing each party must designate one attorney to receive notices and other communication in the case from the court by placing an asterisk before that attorney's name on the cover and must provide the contact information specified under (1) for that attorney.
What is the rule of court 8.412 in California?
(1) Except in appeals governed by rules 8.416 and 8.417, the appellant must serve and file the appellant's opening brief within 40 days after the record is filed in the reviewing court. (2) The respondent must serve and file the respondent's brief within 30 days after the appellant's opening brief is filed.
What is the rule 8.1120 in California Rules of court?
California Rules of Court, rule 8.1120(a) permits any person to request publication. It does not specify who may oppose it or provide any procedure for doing so.
What is the rule of court 8.416 in California?
(1) Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver.