2023 California Rules of Court. (1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal. (2) The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal.
(1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
(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.
California Rules of Court, rule 8.278 addresses costs on appeal. Subdivision (c)(1) establishes the timeframe within which a memorandum of costs must be filed. Currently, this provision requires that the memorandum be filed within 40 days after the clerk sends notice of issuance of the remittitur.
Rules 8.1000-8.1018 govern the transfer of cases within the appellate jurisdiction of the superior court-other than appeals in small claims cases-to the Court of Appeal. Unless the context requires otherwise, the term "case" as used in these rules means cases within that jurisdiction.
No person may reveal any information contained in the application except as authorized by law or order of the court. An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.
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.
Rule 8.29 refers to statutes that require a party to serve documents on a nonparty public officer or agency. For a list of examples of such statutory requirements, please see the Civil Case Information Statement (form APP-004).
Rule 8.272(c)(2) of the California Rules of Court provides: “On a party's or its own motion or on stipulation, and for good cause, the court may stay a remittitur's issuance for a reasonable period or order its recall.” (See also rule [8.366 / 8.470].)
California Rules of Court, rule 8.1120(a) permits any person to request publication. It does not specify who may oppose it or provide any procedure for doing so.
Rule 8.160 of the California Rules of Court applies to sealed records in civil appeals, and subdivision (g) provides: “A record filed publicly in a reviewing court must not disclose material contained in a record that is sealed, lodged conditionally under seal, Page 2 2 or subject to a pending motion to seal.” “Record, ...
(1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired. (2) On a party's request or its own motion, the appellate division may place a motion on calendar for a hearing.
Rule 9.47 of the California Rules of Court allows non-litigating attorneys to practice in a transaction or other non-litigation matter. The rule does not limit the scope of activities by out-of-state attorneys that are permissible under existing law.
(1) In exercising its discretion to grant or deny the request, the Supreme Court may consider whether resolution of the question is necessary to secure uniformity of decision or to settle an important question of law, and any other factor the court deems appropriate.
FULL AND FAIR APPELLATE REVIEW
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.
(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.
(b) Sanctions
(1) If the defaulting party is the appellant, the reviewing court may dismiss the appeal. If the appeal is dismissed, the reviewing court must promptly notify the superior court. The reviewing court may vacate the dismissal for good cause.
Rule 8.25 of the California Rules of Court provides that before filing any document in court in a case in the Court of Appeal, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on ...
(a) Award of costs
(A) Unless otherwise ordered by the court under (B), the prevailing party in an original proceeding is entitled to costs if the court resolves the proceeding by written opinion after issuing an alternative writ, an order to show cause, or a peremptory writ in the first instance.
3.1382. A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading.
Pursuant to this statute and California Rules of Court, rule 8.332, the names, addresses, and telephone numbers of trial jurors and alternates who were sworn to hear the case must be redacted from all documents.
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.
(3) To lodge a record, the party must transmit the record to the court in a secure manner that preserves the confidentiality of the record to be lodged.
(1) Any party or Indian tribe that has intervened in the proceedings may apply to the superior court for inclusion of any oral proceedings in the reporter's transcript. (2) An application for additional record must describe the material to be included and explain how it may be useful in the appeal.
20, § 9.4 - (Rule 9.4) Motion for Disqualification of Administrative Law Judge for Cause. (a) A party may move in any proceeding to disqualify the assigned Administrative Law Judge for having: (1) a financial interest in the subject matter in a proceeding or in a party to the proceeding.