What is the rule 8.268 of the California Rules of court?

Asked by: Damian Johns  |  Last update: April 29, 2025
Score: 4.4/5 (31 votes)

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 8.256 of the California Rules of court?

Oral argument and submission of the cause. (1) Each Court of Appeal and division must hold a session at least once each quarter. (2) A Court of Appeal may hold sessions at places in its district other than the court's permanent location.

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 8.108 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 does rule 8.78 of the California Rules of court state?

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. Accordingly, the counsel list that pre-populates your case entry in TF have agreed to accept eService.

California Rules of Court - The Law Offices of Andy I. Chen

25 related questions found

What is the rule of court 8.268 in California?

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 8.29 in California Rules of court?

When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the party must file proof of such service with the document unless a statute permits service after the document is filed, in which case the proof of service must be filed immediately after the document is served ...

What is the rule 8.240 of the California Rules of court?

Calendar preference. A party seeking calendar preference must promptly serve and file a motion for preference in the reviewing court. As used in this rule, "calendar preference" means an expedited appeal schedule, which may include expedited briefing and preference in setting the date of oral argument.

What is a rule 8.220 notice?

The answer to this question is contained in Rule 8.220 of the California Rules of Court. Failure to timely file the appellant's opening brief or the respondent's brief triggers a default period. The court clerk must promptly notify the late party, in writing, that it has 15 days to file.

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.

What is 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.

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 8.824 of the California Rules of court?

Writ of supersedeas. (1) A party seeking a stay of the enforcement of a judgment or order pending appeal may serve and file a petition for writ of supersedeas in the appellate division. (2) The petition must bear the same title as the appeal.

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 8.204 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 8.124 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 9.47 of the California Rules of court?

Rule 9.47 permits out-of-state litigation attorneys to practice out-of-court in California on a temporary and limited basis in anticipation of filing a lawsuit in California, or as part of litigation in another state, provided this work is supervised by a California lawyer.

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 a Rule 58 notice?

Rule 58 has provided that a judgment is effective only when set forth on a separate document and entered as provided in Rule 79(a). This simple separate document requirement has been ignored in many cases.

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 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 Cal Rules of court rule 8.487 A?

(a) Preliminary opposition

(1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. (2) A preliminary opposition must contain a memorandum and a statement of any material fact not included in the petition.

What is the rule of court 8.26 in California?

If an application is denied, the applicant must pay the court fees and costs or submit the new application or additional information requested by the court within 10 days after the clerk gives notice of the denial.

What is the rule 8.216 A?

(a) Briefing sequence and time to file briefs

In an appeal in which any party is both an appellant and a respondent: (1) The parties must jointly-or separately if unable to agree-submit a proposed briefing sequence to the reviewing court within 20 days after the second notice of appeal is filed.

What is the rule 4.421 A in California Rules of court?

Courts may not impose a sentence greater than the middle term except when aggravating factors justifying the imposition of the upper term have been stipulated to by the defendant or found true beyond a reasonable doubt at trial by the jury or the judge in a court trial.