(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.
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.
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 ...
(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.
8.153. 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.
At any time, the Supreme Court may ask the requesting court to furnish additional record materials, including transcripts and exhibits.
(a) Letter to court
If a party learns of significant new authority, including new legislation, that was not available in time to be included in the last brief that the party filed or could have filed, the party may inform the Court of Appeal of this authority by letter.
Rule 8.147 of the California Rules of Court In an appeal in which the parties are using either a clerk's transcript or a reporter's transcript, a party seeking to incorporate by reference all or part of a record in a prior appeal in the same case may do so, but must now provide greater detail in identify- ing and ...
Rule 8.29 refers to statutes that require a party to serve documents on a nonparty public officer or agency.
2023 California Rules of Court
(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.
(1) If the superior court has returned a designated administrative record to a party, the party in possession of the administrative record must make that record available to the other parties in the case for copying within 15 days after the notice designating the record on appeal is served and lodge the record with the ...
If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law. (Subd (c) amended and relettered effective January 1, 2022; adopted as Subd (e) effective July 1, 2010.)
The superior court may not order any extensions of time to prepare the record or to file briefs; the reviewing court may order extensions of time, but must require an exceptional showing of good cause.
If the inability to hold an arbitration hearing is due to the neglect or lack of cooperation of a party who elected or stipulated to arbitration, the court may set the case for trial and may make any other appropriate orders.
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.
When trials or long-cause hearings are not completed in the number of days originally scheduled, the court must schedule the remaining trial days as soon as possible on the earliest available days with the goal of minimizing intervals between days for trials or long-cause hearings.
Model Rule 8.2 also prohibits lawyers from making false statements of fact concerning the qualifications or integrity of a judge, legal officer or candidate for election or appointment to judicial or legal office.
(1) Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court's electronic filing system and to other users of that system; (2) Furnish one or more electronic service addresses, in the manner specified by the court, at which the electronic ...
R. 8.278. Rule 8.278 - Costs on appeal (a)Award of costs (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.
(1) A party that is both an appellant and a respondent must combine its respondent's brief with its appellant's opening brief or its reply brief, if any, whichever is appropriate under the briefing sequence that the reviewing court orders.
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).
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.
According to California Rules of Court, rule 3.400, 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. ...
Rule 9.48 of the California Rules of Court allows temporary admission for services in connection with a formal legal proceeding pending or anticipated either in California or another jurisdiction. The rule does not limit the scope of activities by out-of-state attorneys that are permissible under existing law.
Rule of Court 3.1348(a) specifically addresses this situation, providing: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was ...