What is the rule 8.115 in California Rules of court?
Asked by: Josefa Gutkowski | Last update: November 15, 2025Score: 4.8/5 (56 votes)
Citation of opinions. Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.
What is the rule of court 8.115 in California?
Rule 8.1115(e)(1) of the California Rules of Court provides that pending the Supreme Court's review and decision, the Court of Appeal's opinion “has no binding or precedential effect, and may be cited for potentially persuasive value only.” Further, any citation to the Court of Appeal's opinion must note the grant of ...
What is the rule 8.1105 of the California Rules of court?
(e) Changes in publication status
(2) The Supreme Court may order that an opinion certified for publication is not to be published or that an opinion not certified is to be published. The Supreme Court may also order depublication of part of an opinion at any time after granting review.
What is the rule 8.108 of the California Rules of court?
(1) 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 20 days after the superior court clerk serves notification of the first appeal.
What is the rule 8.155 A of the California Rules of court?
Rule 8.155(a) of California Rules of Court permits the augmentation of the appellate record and specifically under Rule 8.155(a)(1) allows a certified transcript or document not designated under Rule 8.130 to be augmented and permitted. It is well established that this rule is to be construed liberally. (People v.
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What is the rule 8.208 of the California Rules of court?
Certificate of Interested Entities or Persons. The California Code of Judicial Ethics states the circumstances under which an appellate justice must disqualify himself or herself from a proceeding.
What is the rule 8.147 in California Rules of court?
Record in multiple or later appeals in same case. (1) If more than one appeal is taken from the same judgment or a related order, only one record need be prepared, which must be filed within the time allowed for filing the record in the latest appeal.
What is the rule 8.122 of the California Rules of court?
Clerk's transcript. (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.
What is rule 8.153 in California Rules of court?
(a) Request
Within 20 days after the record is filed in the reviewing court, a party that has not purchased its own copy of the record may request another party, in writing, to lend it that party's copy of the record. The other party must then lend its copy of the record when it serves its brief.
What is the rule 8.268 of the California Rules of court?
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 the rule 8.240 of the California Rules of court?
Rule 8.240 requires a party claiming preference to file a motion for preference in the reviewing court. The motion requirement relieves the reviewing court of the burden of searching the record to determine if preference should be ordered.
What is the rule 8.124 of the California Rules of court?
Appendixes. (B) The respondent serves and files a notice in the superior court electing to use an appendix under this rule within 10 days after the appellant's notice designating the record on appeal is filed and no waiver of the fee for a clerk's transcript is granted to the appellant.
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 the rule of court 8.1125 in California?
Requesting depublication of published opinions. (1) Any person may request the Supreme Court to order that an opinion certified for publication not be published. (2) The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.
Can you cite to an unreported case?
When a case is unreported but available on a widely used electronic database, it may be cited in that database. Provide the case name, docket number, database identifier, court name, and full date of the most recent major disposition of the case. Cite the case docket number exactly as it appears.
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.
What is rule 8.155 A of the California Rules of court?
Under Rules of Court, rule 8.155(a)(1)(A), the record may be augmented with “any document filed or lodged in the case in the superior court.” Usually, a careful review of the clerk's minutes and/or discussions with trial counsel and appellant alert appellate counsel to the need to augment.
What is the rule 8.100 G of the California Rules of court?
(g) Civil case information statement
(1) Within 15 days after the reviewing court assigns the appeal a case number, the appellant must serve and file in the reviewing court a completed Civil Case Information Statement (form APP-004), attaching a copy of the judgment or appealed order that shows the date it was entered.
What is the rule of court 8.121 in California?
Notice designating the record on appeal. Within 10 days after filing the notice of appeal, an appellant must serve and file a notice in the superior court designating the record on appeal. The appellant may combine its notice designating the record with its notice of appeal.
What is the rule 8.104 A of the California Rules of court?
In California, a notice of appeal must be filed no more than sixty days from service of notice of entry of judgment (Cal. Rules of Court, rule 8.104(a)) or no more than thirty days from service of an order denying post-trial motions (rule 8.108(b)).
What is the rule of court 8.1115 in California?
Citation of opinions. Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.
What is the rule 8.208 in California?
California Rule of Court 8.208 governs the required Certificate of Interested Entities or Persons in the Court of Appeal. The rule's express purpose and intent are to provide appellate justices with information to evaluate whether to disqualify themselves. (Rule 8.208(a).)
What is the rule 8.140 B in California Rules of court?
(b) Sanctions
(1) If the defaulting party is the appellant, the reviewing court may dismiss the appeal. If the appeal is dismissed, the reviewing court must promptly notify the superior court. The reviewing court may vacate the dismissal for good cause.
What is the rule 8.204 in California?
(1) A brief may be reproduced by any process that produces a clear, black image of letter quality. All documents filed must have a page size of 81/2 by 11 inches. If filed in paper form, the paper must be white or unbleached and of at least 20-pound weight. (2) Any conventional font may be used.
What is the rule 8.817 in California Rules of court?
Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute) or rule of court.