What is the rule 8.824 of the California Rules of court?

Asked by: Chelsie Rutherford  |  Last update: March 9, 2025
Score: 4.6/5 (18 votes)

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 8.124 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 does Rule 8.78 of the California Rules of court States?

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.

What is the rule 8.54 for motion?

Motions. (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based.

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.

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

40 related questions found

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 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 8.268 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 8.817 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 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 8.933 in California Rules of court?

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) An opposition must contain a memorandum and a statement of any material fact not included in the petition.

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 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 8.240 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 the rule 9.44 of the California Rules of court?

Rule 9.44 of the California Rules of Court requires, inter alia, that the applicant must have been admitted to practice and be in good standing as an attorney, or equivalent in a foreign country for at least four of the six years immediately preceding the application.

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 of court 8.831 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 trial court designating the record on appeal. The appellant may combine its notice designating the record with its notice of appeal.

What is the rule of court 8.818 in California?

(1) No person may have access to an application for an initial fee waiver submitted to the court except the court and authorized court personnel, any person authorized by the applicant, and any persons authorized by order of the court.

What is the rule 3400 of the California Rules of court?

Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.

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 the rule 8.75 in California Rules of court?

Documents not signed under penalty of perjury are deemed signed by the electronic filer. (Cal. Rules of Court, rule 8.75(b)(1).) The electronic filer includes the “person filing the document in electronic form directly with the court, by an agent, or through an electronic filing service provider.” (Cal.

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 9.43 in California Rules of court?

An out-of-state attorney arbitration counsel who files a certificate containing false information or who otherwise fails to comply with the standards of professional conduct required of licensees of the State Bar of California is subject to the disciplinary jurisdiction of the State Bar with respect to any of his or ...

What is the rule 8.115 in California Rules of court?

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 8.46 in California?

Sealed records. This rule applies to sealed records and records proposed to be sealed on appeal and in original proceedings, but does not apply to confidential records. (Subd (a) amended effective January 1, 2014; previously amended effective January 1, 2006, and January 1, 2007.)