What is the rule of court 8.46 in California?

Asked by: Leonel Upton DVM  |  Last update: July 14, 2025
Score: 4.5/5 (67 votes)

(1) A sealed record must not be unsealed except on order of the reviewing court. (2) Any person or entity may serve and file a motion, application, or petition in the reviewing court to unseal a record.

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 8.54 in California?

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 of court 8.47 in California?

(1) Nothing filed publicly in the reviewing court-including any application, brief, petition, or memorandum-may disclose material contained in a confidential record, including a record that, by law, a party may choose be kept confidential in reviewing court proceedings and that the party has chosen to keep confidential ...

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.

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

44 related questions found

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.)

Do parties have to agree to electronic service in California?

For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required. (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007, January 1, 2008, January 1, 2011 and July 1, 2013.)

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.

Why would a court case be confidential?

In California, while many aspects of family law cases are public records, certain types of information are deemed confidential to protect the privacy and safety of the individuals involved. Understanding which parts of your case are shielded from public access can provide peace of mind as you navigate the legal system.

What is the rule 8.401 in California Rules of court?

(1) In all documents filed by the parties in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

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 8.29 in California?

When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the cover of the document must contain a statement that identifies the statute or rule requiring service of the document on the public officer or agency in substantially the following form: "Service on [insert ...

What is the 183 rule in California?

In fact, the purpose of time spent in California may have more weight in determining legal residency than the actual number of days spent. To classify as a nonresident, an individual has to prove that they were in the state for less than 183 days and that their purpose for being in the state was temporary.

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 8.208 in California?

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 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.

Why a defendant should not testify?

Because of the risk of a defendant being discredited or vilified on the stand, it is often much more prudent to let other witnesses do the heavy lifting in a defendant's case.

Is everything you say to a lawyer confidential?

When you meet with an attorney, anything discussed is protected from disclosure and cannot be shared without your express permission. This includes in-person conversations, emails or text messages, phone calls, and any other forms of communication between the two of you.

Which of the following would be considered confidential information?

What are examples of Confidential Information? Examples of confidential information include a person's phone number and address, medical records, and social security. Companies also have confidential information such as financial records, trade secrets, customer information, and marketing strategies.

What is the rule 8.4 2 in California?

Proposed rule 8.4. 2 defines incivility as “significantly unprofessional conduct that is abusive or harassing and shall be determined on the basis of all the facts and circumstances surrounding the conduct.”

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 of court 8.450 in California?

Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26. Rules 8.450-8.452 and 8.490 govern writ petitions to review orders setting a hearing under Welfare and Institutions Code section 366.26.

Can you refuse service to anyone in California?

The answer is yes, it is legal. Businesses do have a constitutional right to refuse service to anyone, especially if they are making a scene or disrupting service to other customers in their business.

Can I be served by email?

How Can I Serve Someone Electronically? The party requesting electronic service must first file a motion with the court and include a supporting affidavit stating the reasons why the recipient likely owns a specific email address, cellphone number, or social media account.

What is the e signature law in California?

Government Code section 16.5 states a digital signature shall have the same force and effect as a manual signature if and only if: It is unique to the person using it. It is capable of verification. It is under the sole control of the person using it.