What is the rule of court 8.508 in California?
Asked by: Daphne Schimmel | Last update: December 29, 2025Score: 4.2/5 (71 votes)
Petition for review to exhaust state remedies. After decision by the Court of Appeal in a criminal case, a defendant may file an abbreviated petition for review in the Supreme Court for the sole purpose of exhausting state remedies before presenting a claim for federal habeas corpus relief.
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 the rule of court 8.78 in California?
When the court orders or permits electronic service in a case, it must maintain and make available electronically to the parties an electronic service list that contains the parties' current electronic service addresses as provided by the parties that have been ordered to or have consented to electronic service in the ...
What is the rule of court 8.500 in California?
Petition for review. (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.
What is the rule of court 8.487 in California?
Opposition and amicus curiae briefs. (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.
LOCAL COURT RULES VERSUS CALIFORNIA RULES OF COURT - VIDEO #9 (2021)
What is an example of a mandatory writ?
What is an example of a writ? A writ of mandamus can be filed against a court or a government official. For example, if a government official does not release information that should be made public, a writ of mandamus can be filed, asking the court to compel the official to release the information.
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 8.268 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 8.46 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.)
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 8.29 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 8.75 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 8.71 in Cal Rules of court?
Electronic filing. Except as otherwise provided by these rules, the Supreme Court Rules Regarding Electronic Filing, or court order, all parties are required to file all documents electronically in the reviewing court. (Subd (a) amended effective January 1, 2020.)
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 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 8.60 in California?
Rule 8.60(d) provides that “[f]or good cause, a reviewing court may relieve a party from default for any failure to comply with these rules except the failure to file a timely notice of appeal or a timely statement of reasonable grounds in support of a certificate of probable cause.” The reviewing court has discretion ...
What is the California 7 year rule?
California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.
What is rule 9.4 in California Rules of court?
Nomination and appointment of members to the Committee of Bar Examiners. The Supreme Court is responsible for appointing ten examiners to the Committee of Bar Examiners, each for a four-year term.
What is the rule 8.63 in California Rules of court?
Policies and factors governing extensions of time. (1) The time limits prescribed by these rules should generally be met to ensure expeditious conduct of appellate business and public confidence in the efficient administration of appellate justice.
What is the rule 8.208 of the California Rules of court?
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 Cal Rules of court rule 8.487 A?
Opposing writ petitions
The preliminary opposition must include a memorandum and statement of any material fact that was omitted from the petition. (Cal. Rules of Court, rule 8.487(a).) Within 10 days thereafter, the petitioner may file and serve a reply.
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 8.46 in California?
Rule 8.46 covers sealing and unsealing records in the Court of Appeal, and the procedures for filing documents that disclose information from sealed records.
What is the rule of court 8.268 in California?
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 the rule of court 8.304 in California?
Filing the appeal; certificate of probable cause. (1) To appeal from a judgment or an appealable order of the superior court in a felony case-other than a judgment imposing a sentence of death-the defendant or the People must file a notice of appeal in that superior court.