What is the rule of court 8.652 in California?
Asked by: Ms. Joy Douglas | Last update: May 18, 2025Score: 5/5 (43 votes)
Qualifications of counsel in death penalty-related habeas corpus proceedings. This rule defines the minimum qualifications for attorneys to be appointed by a court to represent a person in a habeas corpus proceeding related to a sentence of death.
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 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.
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 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.
California Rules of Court - The Law Offices of Andy I. Chen
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 8.63 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 8.883 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 8.268 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 8.29 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 8.54 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 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 8.240 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 8.933 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 8.147 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 8.500 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 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 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.
What is the rule 8.406 in California?
Time to appeal. (1) Except as provided in (A), (B), and (2), a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.
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 8.115 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 8.60 F?
(f) Notice to party
(1) In a civil case, counsel must deliver to his or her client or clients a copy of any stipulation or application to extend time that counsel files.
What is the rule 8.54 for motion?
(Rule 8.54(a)(1).) A memorandum must be filed in support and, if based on matters outside the record, along with declarations or other supporting evidence. (Rule 8.54(a)(2).) Any opposition must be served and filed within 15 days (Rule 8.54(a)(3)), and failure to oppose a motion may be deemed a consent to its granting.
What is the rule of court 8.71 in California?
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.)