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2022 California Rules of Court

Dominion 8.500. Petition for review

(a) Right to file a petition, respond, or reply

(one)  A party may file a petition in the Supreme Court for review of whatever 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.

(2)  A party may file an reply responding to the bug raised in the petition. In the reply, the political party may ask the court to address boosted issues if it grants review.

(3)  The petitioner may file a reply to the answer.

(Subd (a) amended effective January ane, 2004.)

(b) Grounds for review

The Supreme Court may order review of a Court of Appeal decision:

(ane)  When necessary to secure uniformity of decision or to settle an important question of law;

(2)  When the Courtroom of Appeal lacked jurisdiction;

(3)  When the Court of Appeal decision lacked the concurrence of sufficient qualified justices; or

(iv)  For the purpose of transferring the matter to the Court of Entreatment for such proceedings as the Supreme Court may lodge.

(Subd (b) amended effective January 1, 2007.)

(c) Limits of review

(1)  As a policy affair, on petition for review the Supreme Courtroom normally volition not consider an issue that the petitioner failed to timely raise in the Court of Appeal.

(2)  A party may petition for review without petitioning for rehearing in the Court of Appeal, but every bit a policy thing the Supreme Courtroom normally will have the Court of Appeal opinion's statement of the issues and facts unless the party has chosen the Court of Entreatment'due south attention to whatsoever alleged omission or misstatement of an effect or fact in a petition for rehearing.

(d) Petitions in nonconsolidated proceedings

If the Court of Entreatment decides an appeal and denies a related petition for writ of habeas corpus without issuing an social club to evidence cause and without formally consolidating the 2 proceedings, a party seeking review of both decisions must file a separate petition for review in each proceeding.

(e) Time to serve and file

(1)  A petition for review must be served and filed within ten days after the Courtroom of Appeal conclusion is final in that courtroom. For purposes of this rule, the appointment of finality is non extended if it falls on a day on which the part of the clerk/executive officeholder is closed.

(ii)  The time to file a petition for review may not be extended, merely the Chief Justice may relieve a political party from a failure to file a timely petition for review if the fourth dimension for the court to society review on its own motility has not expired.

(3)  If a petition for review is presented for filing before the Courtroom of Appeal decision is final in that court, the clerk/executive officer of the Supreme Court must accept it and file it on the day afterwards finality.

(4)  Any answer to the petition must exist served and filed within xx days after the petition is filed.

(5)  Any reply to the reply must be served and filed within x days after the respond is filed.

(Subd (due east) amended effective January 1, 2018; previously amended effective Jan 1, 2007, and January 1, 2009.)

(f) Additional requirements

(1)  The petition must also be served on the superior court clerk and, if filed in paper format, the clerk/executive officer of the Courtroom of Entreatment. Electronic filing of a petition constitutes service of the petition on the clerk/executive officer of the Court of Appeal.

(ii)  A copy of each brief must be served on a public officer or agency when required past statute or by rule viii.29.

(three)  The clerk/executive officer of the Supreme Court must file the petition fifty-fifty if its proof of service is lacking, but if the petitioner fails to file a corrected proof of service within v days after the clerk gives detect of the defect the court may strike the petition or impose a lesser sanction.

(Subd (f) amended effective January ane, 2020; previously amended constructive January i, 2004, January 1, 2007, and January ane, 2018.)

(m) Amicus curiae letters

(1)  Any person or entity wanting to back up or oppose a petition for review or for an original writ must serve on all parties and send to the Supreme Court an amicus curiae letter rather than a brief.

(2)  The alphabetic character must describe the interest of the amicus curiae. Any thing attached to the letter or incorporated by reference must comply with dominion 8.504(e).

(3)  Receipt of the letter does not establish leave to file an amicus curiae brief on the merits under rule 8.520(f).

(Subd (g) amended effective January 1, 2007; previously amended effective July ane, 2004.)

Rule eight.500 amended effective January 1, 2020; repealed and adopted as dominion 28 effective January 1, 2003; previously amended effective January one, 2004, July i, 2004, January i, 2009, and January 1, 2018; previously amended and renumbered constructive January 1, 2007.

Subdivision (a). A party other than the petitioner who files an answer may be required to pay a filing fee nether Government Lawmaking section 68927 if the respond is the first document filed in the proceeding in the Supreme Courtroom by that political party. See rule viii.25(c).

Subdivision (a)(1) makes it clear that any interlocutory order of the Court of Entreatment-such as an order denying an application to appoint counsel, to augment the tape, or to allow oral statement-is a "conclusion" that may exist challenged by petition for review.

Subdivision (e). Subdivision (e)(1) provides that a petition for review must be served and filed within 10 days after the Courtroom of Appeal decision is final in that court. Certitude in the Court of Entreatment is generally governed by rules eight.264(b) (ceremonious appeals), 8.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and eight.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the general rule that a Courtroom of Entreatment conclusion is last in that court 30 days after filing. They then cleave out specific exceptions-decisions that they declare to be concluding immediately on filing (see rules viii.264(b)(2), 8.366(b)(2), and 8.490(b)(1)). The plain implication is that all other Court of Appeal orders-specifically, interlocutory orders that may be the subject of a petition for review-are not final on filing. This implication is confirmed past current practice, in which parties may be allowed to apply for-and the Courts of Appeal may grant-reconsideration of such interlocutory orders; reconsideration, of class, would be impermissible if the orders were in fact final on filing.

Contrary to paragraph (two) of subdivision (east), paragraphs (4) and (5) do not prohibit extending the fourth dimension to file an answer or respond; because the subdivision thus expressly forbids an extension of time just with respect to the petition for review, by clear negative implication it permits an application to extend the fourth dimension to file an answer or reply under dominion eight.50.

Meet rule 8.25(b)(5) for provisions concerning the timeliness of documents mailed past inmates or patients from custodial institutions.

Subdivision (f). The full general requirements relating to service of documents in the appellate courts are established by rule 8.25. Subdivision (f)(1) requires that the petition (but not an answer or reply) be served on the clerk/executive officeholder of the Court of Appeal. To assist litigants, (f)(1) besides states explicitly what is impliedly required by rule 8.212(c), i.e., that the petition must also be served on the superior court clerk (for delivery to the trial judge).

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