What is rule 8.268 of the California Rules of court?

Asked by: Anne Reynolds  |  Last update: November 7, 2023
Score: 4.8/5 (24 votes)

Rule 8.268. Rehearing. (a) Power to order rehearing. (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 rule 8.25 of the California Rules of court?

Rule 8.25 of the California Rules of Court provides that before filing any document in court in a case in the Court of Appeal, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on ...

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 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 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.

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What is the rule 8.276 of the California Rules of court?

(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 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 8.200 in California Rules of court?

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 rule 8.254 in California Rules of court?

The letter must be served and filed before the court files its opinion and as soon as possible after the party learns of the new authority. If the letter is served and filed after oral argument is heard, it may address only new authority that was not available in time to be addressed at oral argument.

What is rule 8.548 of the California Rules of court?

At any time, the Supreme Court may ask the requesting court to furnish additional record materials, including transcripts and exhibits.

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 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 8.72 in California Rules of court?

(1) Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court's electronic filing system and to other users of that system; (2) Furnish one or more electronic service addresses, in the manner specified by the court, at which the electronic ...

What is California Rules of court rule 8.268 B )( 2?

(b) Petition and answer

(2) A party must not file an answer to a petition for rehearing unless the court requests an answer. The clerk must promptly send to the parties copies of any order requesting an answer and immediately notify the parties by telephone or another expeditious method.

What is California Rules of court rule 8.278 C 1?

(c) Procedure for claiming or opposing costs

(1) Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700.

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 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 rule 8.493 of the California Rules of court?

(A) Unless otherwise ordered by the court under (B), the prevailing party in an original proceeding is entitled to costs if the court resolves the proceeding by written opinion after issuing an alternative writ, an order to show cause, or a peremptory writ in the first instance.

What is rule 8.153 in California Rules of court?

The borrowing party must return the copy of the record when it serves its brief or the time to file its brief has expired. The borrowing party must bear the cost of sending the copy of the record to and from the borrowing party. Rule 8.153 adopted effective January 1, 2007.

What is rule 8.130 in Cal Rules of court?

The clerk must pay the reporter from that party's deposited funds and refund any excess deposit or notify the party of any additional funds needed. In a multiple reporter case, the clerk must pay each reporter who certifies under penalty of perjury that his or her transcript portion is completed.

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 8.883 contents and form of briefs?

(1) A brief produced on a computer must not exceed 6,800 words, including footnotes. Such a brief must include a certificate by appellate counsel or an unrepresented party stating the number of words in the brief. The person certifying may rely on the word count of the computer program used to prepare the brief.

What is rule 8.75 of the California Rules of court?

If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law. (Subd (c) amended and relettered effective January 1, 2022; adopted as Subd (e) effective July 1, 2010.)

What is rule 8.71 in California Rules of court?

(1) Self-represented parties are exempt from the requirement to file documents electronically. (2) A self-represented party may agree to file documents electronically. By electronically filing any document with the court, a self-represented party agrees to file documents electronically.

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.