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2022 California Rules of Courtroom

Rule 8.500. Petition for review

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

(one)  A party may file a petition in the Supreme Courtroom for review of any determination of the Court of Entreatment, including whatever interlocutory order, except the deprival of a transfer of a case within the appellate jurisdiction of the superior courtroom.

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

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

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

(b) Grounds for review

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

(1)  When necessary to secure uniformity of decision or to settle an important question of police force;

(2)  When the Court of Appeal lacked jurisdiction;

(3)  When the Courtroom of Appeal conclusion lacked the concurrence of sufficient qualified justices; or

(4)  For the purpose of transferring the affair to the Court of Appeal for such proceedings as the Supreme Courtroom may gild.

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

(c) Limits of review

(one)  Every bit a policy matter, on petition for review the Supreme Court normally will not consider an issue that the petitioner failed to timely heighten in the Court of Appeal.

(2)  A party may petition for review without petitioning for rehearing in the Court of Appeal, but as a policy matter the Supreme Court commonly will accept the Courtroom of Appeal opinion's statement of the issues and facts unless the party has called the Court of Appeal'due south attention to any 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 order to show crusade and without formally consolidating the 2 proceedings, a party seeking review of both decisions must file a separate petition for review in each proceeding.

(due east) Fourth dimension 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 dominion, the appointment of certitude is not extended if information technology falls on a day on which the office of the clerk/executive officer is closed.

(2)  The fourth dimension to file a petition for review may not be extended, but the Chief Justice may relieve a party from a failure to file a timely petition for review if the fourth dimension for the court to lodge review on its ain motion has not expired.

(3)  If a petition for review is presented for filing before the Courtroom of Appeal determination is final in that court, the clerk/executive officer of the Supreme Courtroom must accept it and file information technology on the twenty-four hour period after finality.

(4)  Any answer to the petition must be served and filed inside 20 days later on the petition is filed.

(v)  Any respond to the answer must exist served and filed within x days later the reply is filed.

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

(f) Boosted requirements

(1)  The petition must also be served on the superior court clerk and, if filed in newspaper format, the clerk/executive officer of the Court of Appeal. 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 exist served on a public officer or agency when required past statute or by dominion viii.29.

(iii)  The clerk/executive officer of the Supreme Court must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service inside 5 days after the clerk gives detect of the defect the court may strike the petition or impose a lesser sanction.

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

(g) Amicus curiae letters

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

(2)  The letter must describe the interest of the amicus curiae. Any matter fastened to the letter or incorporated by reference must comply with rule 8.504(e).

(3)  Receipt of the alphabetic character does non found leave to file an amicus curiae brief on the merits under rule eight.520(f).

(Subd (grand) amended effective January 1, 2007; previously amended constructive July i, 2004.)

Rule 8.500 amended effective Jan 1, 2020; repealed and adopted as dominion 28 effective January 1, 2003; previously amended effective January 1, 2004, July i, 2004, January ane, 2009, and January i, 2018; previously amended and renumbered constructive Jan one, 2007.

Subdivision (a). A party other than the petitioner who files an respond may exist required to pay a filing fee under Government Code department 68927 if the answer is the first document filed in the proceeding in the Supreme Court by that party. See rule 8.25(c).

Subdivision (a)(one) makes it articulate that whatsoever interlocutory order of the Court of Entreatment-such equally an order denying an application to engage counsel, to broaden the record, or to allow oral argument-is a "determination" that may be challenged by petition for review.

Subdivision (east). Subdivision (due east)(i) provides that a petition for review must be served and filed within 10 days after the Court of Appeal conclusion is final in that court. Finality in the Court of Appeal is by and large governed by rules 8.264(b) (ceremonious appeals), 8.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and 8.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the full general rule that a Court of Entreatment decision is final in that courtroom 30 days after filing. They then carve out specific exceptions-decisions that they declare to be terminal immediately on filing (see rules 8.264(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 field of a petition for review-are not terminal on filing. This implication is confirmed past electric current practice, in which parties may be allowed to apply for-and the Courts of Appeal may grant-afterthought of such interlocutory orders; afterthought, of course, would be impermissible if the orders were in fact terminal on filing.

Contrary to paragraph (2) of subdivision (due east), paragraphs (four) and (5) do not prohibit extending the time to file an answer or reply; because the subdivision thus expressly forbids an extension of fourth dimension just with respect to the petition for review, by articulate negative implication information technology permits an awarding to extend the time to file an respond or respond nether rule eight.50.

See rule viii.25(b)(5) for provisions concerning the timeliness of documents mailed by inmates or patients from custodial institutions.

Subdivision (f). The general requirements relating to service of documents in the appellate courts are established by rule eight.25. Subdivision (f)(1) requires that the petition (but non an respond or reply) be served on the clerk/executive officer of the Court of Appeal. To assistance litigants, (f)(1) likewise states explicitly what is impliedly required by rule viii.212(c), i.due east., that the petition must also exist served on the superior courtroom clerk (for delivery to the trial judge).

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