California Rules of Court — Rule 8.25 — Service, filing and filing fees (effective on July 1, 2012 Rule 8)

Cal. R. Ct. 8.25

California Rules of Court

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on February 28, 2012, effective on July 1, 2012 Rule 8.25. Service, filing and filing fees ................................................................... 2 Rule 8.104. Time to appeal ........................................................................................ 2 Rule 8.108. Extending the time to appeal .................................................................. 4 Rule 8.254. New Authorities ..................................................................................... 5 Rule 8.822.

Time to appeal ........................................................................................ 5 Rule 8.823. Extending the time to appeal .................................................................. 6 Rule 10.741. Duties and authority of the presiding judge ......................................... 7 Rule 10.743. Administrator of temporary judges program ........................................ 9

Rule 8.25. Service, filing and filing fees 1 2 (a) *** 3 4 (

b) Filing 5 6 (1)–(2) *** 7 8

(3) A brief, an application to file an amicus curiae brief, an answer to an amicus 9 curiae brief, a petition for rehearing, an answer to a petition for rehearing, a 10 petition for transfer of an appellate division case to the Court of Appeal, an 11 answer to such a petition for transfer, a petition for review, an answer to a 12 petition for review, or a reply to an answer to a petition for review is timely if 13 the time to file it has not expired on the date of: 14 15 (A)–(B) *** 16 17 (4)–(5) *** 18 19 (Subd (

b) amended effective July 1, 2012; previously amended effective January 1, 2007, 20 January 1, 2009, July 1, 2010, and January 1, 2011.) 21 22 (c) *** 23 24 Rule 8.25 amended effective July 1, 2012; adopted as rule 40.1 effective January 1, 2005; 25 previously amended and renumbered effective January 1, 2007; previously amended effective 26 January 1, 2009, July 1, 2010, January 1, 2011, and October 28, 2011. 27 28 Advisory Committee Comment 29 30 Subdivision (a) *** 31 32 Subdivision (b) *** 33 34 Subdivision (b)(3).

This rule includes applications to file amicus curiae briefs because, under 35 rules 8.200(c)(4) and 8.520(f)(5), a proposed amicus curiae brief must accompany the application 36 to file the brief. 37 38 Subdivision (c) *** 39 40 Rule 8.104. Time to appeal 41 42

(

a) Normal time 1 2

(1) Unless a statute or rule 8.108 provides otherwise, a notice of appeal must be 3 filed on or before the earliest of: 4 5 (1)(A) 60 days after the superior court clerk serves on the party filing the 6 notice of appeal a document entitled “Notice of Entry” of judgment or a 7 file-stamped copy of the judgment, showing the date either was served; 8 9 (2)(B) 60 days after the party filing the notice of appeal serves or is served by 10 a party with a document entitled “Notice of Entry” of judgment or a 11 file-stamped copy of the judgment, accompanied by proof of service; or 12 13 (3)(C) 180 days after entry of judgment. 14 15 (4)

(2) Service under (1)(

A) and (2)(

B) may be by any method permitted by the 16 Code of Civil Procedure, including electronic service when permitted under 17 Code of Civil Procedure

section 1010.6 and rules 2.250–2.261. 18 19

(3) If the parties stipulated in the trial court under Code of Civil Procedure 20

section 1019.5 to waive notice of the court order being appealed, the time to 21 appeal under (1)(

C) applies unless the court or a party serves notice of entry 22 of judgment or a file-stamped copy of the judgment to start the time period 23 under (1)(

A) or (B). 24 25 (Subd (

a) amended effective July 1, 2012; previously amended effective January 1, 2007, 26 and January 1, 2010.) 27 28 (b)–(e) *** 29 30 Rule 8.104 amended effective July 1, 2012; repealed and adopted as rule 2 effective January 1, 31 2002; previously amended and renumbered effective January 1, 2007; previously amended 32 effective January 1, 2005, January 1, 2010, January 1, 2011, and July 1, 2011. 33 34 Advisory Committee Comment 35 36 Subdivision (a). Under subdivision (a)(1)(A), a notice of entry of judgment (or a copy of the 37 judgment) must show the date on which the clerk served the document. The proof of service 38 establishes the date that the 60-day period under subdivision (a)(1)(

A) begins to run. 39 40 Subdivision (a)(2)(1)(

B) requires that a notice of entry of judgment (or a copy of the judgment) 41 served by or on a party be accompanied by proof of service. The proof of service establishes the 42 date that the 60-day period under subdivision (a)(2)(1)(

B) begins to run. Although the general 43

rule on service (rule 8.25(a)) requires proof of service for all documents served by parties, the 1 requirement is reiterated here because of the serious consequence of a failure to file a timely 2 notice of appeal (see subd. (e)). 3 4 Subdivision (b). * * * 5 6 Rule 8.108. Extending the time to appeal 7 8 (a) * * * 9 10 (

b) Motion for new trial 11 12 If any party serves and files a valid notice of intention to move for a new trial, the 13 time to appeal from the judgment is extended for all parties as follows the 14 following extensions of time apply: 15 16

(1) If the motion for a new trial is denied, the time to appeal from the judgment is 17 extended for all parties until the earliest of: 18 19 (A)–(C) *** 20 21

(2) If the trial court makes a finding of excessive or inadequate damages and 22 grants the motion for a new trial subject to the condition that the motion is 23 denied if a party consents to the additur or remittitur of damages, the time to 24 appeal is extended as follows: 25 26 (

A) If any party serves an acceptance of a the conditionally ordered additur 27 or remittitur of damages pursuant to a trial court finding of excessive or 28 inadequate damages within the time for accepting the additur or 29 remittitur, the time to appeal from the judgment is extended for all 30 parties until 30 days after the date the party serves the acceptance. 31 32 (

B) If a party serves a rejection of the additur or remittitur within the time 33 for accepting the additur or remittitur or if the time for accepting the 34 additur or remittitur expires, the time to appeal from the new trial order 35 is extended for all parties until the earliest of 30 days after the date the 36 party serves the rejection or 30 days after the date on which the time for 37 accepting the additur or remittitur expired. 38 39 (Subd (

b) amended effective July 1, 2012; adopted as subd (a); previously amended and 40 relettered effective January 1, 2008; previously amended effective January 1, 2011.) 41 42

(c)–(h) *** 1 2 Rule 8.108 amended effective July 1, 2012; repealed and adopted as rule 3 effective January 1, 3 2002; previously amended and renumbered effective January 1, 2007; previously amended 4 effective January 1, 2008, and January 1, 2011. 5 6 Rule 8.254. New Authorities 7 8 (

a) Letter to court 9 10 If a party learns of significant new authority, including new legislation, that was not 11 available in time to be included in the last brief that the party filed or could have 12 filed, the party may inform the Court of Appeal of this authority by letter. 13 14 (

b) Form and content 15 16 The letter may provide only a citation to the new authority and identify, by citation 17 to a page or pages in a brief on file, the issue on appeal to which the new authority 18 is relevant. No argument or other discussion of the authority is permitted in the 19 letter. 20 21 (

c) Service and filing 22 23 The letter must be served and filed before the court files its opinion and as soon as 24 possible after the party learns of the new authority. If the letter is served and filed 25 after oral argument is heard, it may address only new authority that was not 26 available in time to be addressed at oral argument. 27 28 Rule 8.254 adopted effective July 1, 2012. 29 30 31 Advisory Committee Comment 32 33 This rule does not preclude a party from asking the presiding justice for permission to file 34 supplemental briefing under rule 8.200(a)(4).

A letter filed under this rule does not change the 35 date of submission under rule 8.256. 36 37 Rule 8.822. Time to appeal 38 39 (

a) Normal time 40 41

(1) Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be 42 filed on or before the earliest of: 43

1 (1)(A) 30 days after the trial court clerk mails the party filing the notice of 2 appeal a document entitled “Notice of Entry” of judgment or a file- 3 stamped copy of the judgment, showing the date either was mailed; 4 5 (2)(B) 30 days after the party filing the notice of appeal serves or is served by 6 a party with a document entitled “Notice of Entry” of judgment or a 7 file-stamped copy of the judgment, accompanied by proof of service; or 8 9 (3)(C) 90 days after the entry of judgment. 10 11 (4)

(2) Service under (1)(

A) and (2)(

B) may be by any method permitted by the 12 Code of Civil Procedure, including electronic service when permitted under 13 Code of Civil Procedure

section 1010.6 and rules 2.250-2.261. 14 15

(3) If the parties stipulated in the trial court under Code of Civil Procedure 16

section 1019.5 to waive notice of the court order being appealed, the time to 17 appeal under (1)(

C) applies unless the court or a party serves notice of entry 18 of judgment or a file-stamped copy of the judgment to start the time period 19 under (1)(

A) or (B). 20 21 (Subd (

a) amended effective July 1, 2012; previously amended effective January 1, 2011.) 22 23 (b)–(d) *** 24 25 Rule 8.822 amended effective July 1, 2012; adopted effective January 1, 2009; previously 26 amended effective January 1, 2011. 27 28 Rule 8.823. Extending the time to appeal 29 30 (a) *** 31 32 (

b) Motion for a new trial 33 34 If any party serves and files a valid notice of intention to move for a new trial, the 35 time to appeal from the judgment is extended for all parties as follows the 36 following extensions of time apply: 37 38

(1) If the motion is denied, the time to appeal from the judgment is extended for 39 all parties until the earliest of: 40 41 (A)–(C) *** 42 43

(2) If the trial court makes a finding of excessive or inadequate damages and 1 grants the motion for a new trial subject to the condition that the motion is 2 denied if a party consents to the additur or remittitur of damages: 3 4 (

A) If any party serves an acceptance of a the conditionally ordered additur 5 or remittitur of damages under a trial court finding of excessive or 6 inadequate damages within the time for accepting the additur or 7 remittitur, the time to appeal from the judgment is extended for all 8 parties until 15 days after the date the party serves the acceptance. 9 10 (

B) If a party serves a rejection of the additur or remittitur within the time 11 for accepting the additur or remittitur or if the time for accepting the 12 additur or remittitur expires, the time to appeal from the new trial order 13 is extended for all parties until the earliest of 30 days after the date the 14 party serves the rejection or 30 days after the date on which the time for 15 accepting the additur or remittitur expired. 16 17 (Subd (

b) amended effective July 1, 2012.) 18 19 (c)–(h) *** 20 21 Rule 8.823 amended effective July 1, 2012; adopted effective January 1, 2009; previously 22 amended effective January 1, 2011. 23 24 Rule 10.741. Duties and authority of the presiding judge 25 26 (a) *** 27 28 (

b) Publicizing the opportunity to serve as a temporary judge 29 30

(1) Except for those courts that have nine or fewer authorized judge positions or 31 use only research attorneys as temporary judges, each trial court that uses 32 court-appointed temporary judges must publicize the opportunity to serve as 33 a temporary judge whenever the court seeks to add attorneys to its pool of 34 temporary judges or within a reasonable time before conducting its 35 mandatory training for temporary judges but, in any case, no less than once 36 every three years. 37 38

(2) Courts must publicize this opportunity in a manner that maximizes the 39 potential for a diverse applicant pool, which includes publicizing the 40 opportunity to legal communities and organizations, including all local bar 41 associations, in their geographical area. This publicity should encourage and 42 must provide an equal opportunity for all eligible individuals to seek 43

positions as court-appointed temporary judges and not exclude individuals 1 based on their gender, race, ethnicity, disability, religion, sexual orientation, 2 age, or other protected class. 3 4 (Subd (

b) adopted effective July 1, 2012.) 5 6 (

c) Nondiscrimination in application and selection procedure 7 8 Each trial court that uses court-appointed temporary judges must conduct an 9 application and selection procedure for temporary judges that ensures the most 10 qualified applicants for appointment are selected and must not reject applicants 11 who otherwise meet the requirements for appointment based on their gender, race, 12 ethnicity, disability, religion, sexual orientation, age, or other protected class. 13 Among the qualifications to be considered in the selection procedure are the 14 applicant’s exposure to and experience with diverse populations and issues related 15 to those populations. 16 17 (Subd (

c) amended effective July 1, 2012.) 18 19 (b)(d) *** 20 21 (Subd (

d) relettered effective July 1, 2012; adopted as subd. (b).) 22 23 Rule 10.741 amended effective July 1, 2012; adopted as rule 6.741 effective July 1, 2006; 24 previously amended and renumbered effective January 1, 2007. 25 26 Advisory Committee Comment 27 28 Subdivision (b). This subdivision is intended to offer all attorneys who satisfy the requirements 29 for appointment under rule 2.812 the opportunity to serve as temporary judges and to expand the 30 size and diversity of the pool of eligible candidates.

Pursuant to the rule, courts that do not use 31 temporary judges, that have nine or fewer authorized and funded judge positions, or that only use 32 their research attorneys as temporary judges are exempt from the requirement to publicize the 33 opportunity to serve as a temporary judge. Courts that use temporary judges may publicize the 34 opportunity in a manner they determine to be most effective, given their individual 35 circumstances.

In attempting to broaden the diversity of the temporary judge applicant pool, 36 courts also have the flexibility to widen the geographical areas in which they publicize the 37 opportunity. Thus, courts are not limited to publicizing their temporary judge program through 38 the local or state bar associations. However, they must include all local bar associations when 39 they do so.

Further, the method of publication is purposefully left to the court’s discretion. 40 No-cost methods exist, such as email, use of the court’s public website, and oral announcements 41 at local bar association or legal organization events. Publicizing this opportunity no less than once 42

every three years should increase the potential for greater diversity among the temporary judges 1 who serve the courts. 2 3 Subdivision (c). This subdivision emphasizes that the selection and appointment process must be 4 devoid of discrimination.

These provisions are intended to discourage favoritism in the 5 appointment process and permit the courts to consider, as an additional qualification, an 6 attorney’s exposure to and experience with the diverse populations and issues unique to that 7 population in the county where they are seeking appointment. “Exposure to and experience with 8 diverse populations” includes work, social interaction, educational experiences, or community 9 involvement with individuals or groups from diverse communities that may appear in court. 10 11 Rule 10.743. Administrator of temporary judges program 12 13 (a) *** 14 15 (

b) Duties of administrator 16 17 Under the supervision of the presiding judge, the Temporary Judge Administrator 18 is responsible for the management of the temporary judges program in the court. 19 The administrator’s duties include: 20 21 (1)–(2) *** 22 23

(3) Assisting the presiding judge in the recruitment and selection of attorneys to 24 serve as temporary judges, as provided in rule 10.741; 25 26 (4)–(11) *** 27 28 (Subd (

b) amended effective July 1, 2012; previously amended effective January 1, 2007.) 29 30 Rule 10.743 amended effective July 1, 2012; adopted as rule 6.743 effective July 1, 2006; 31 previously amended and renumbered effective January 1, 2007. 32 33

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 8.25
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	042f9e517c5e67fec4b5460daac2db318d5e3b2a

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