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2022 California Rules of Court

Rule 8.500. Petition for review

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

(1)  A political party may file a petition in the Supreme Court for review of whatever decision of the Court of Appeal, including whatever interlocutory guild, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.

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

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

(Subd (a) amended constructive Jan 1, 2004.)

(b) Grounds for review

The Supreme Court may order review of a Court of Entreatment determination:

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

(2)  When the Court of Appeal lacked jurisdiction;

(three)  When the Courtroom of Appeal determination lacked the concurrence of sufficient qualified justices; or

(four)  For the purpose of transferring the matter to the Courtroom of Appeal for such proceedings every bit the Supreme Court may order.

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

(c) Limits of review

(1)  Every bit a policy affair, on petition for review the Supreme Court normally volition not consider an effect 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 Entreatment, but as a policy matter the Supreme Court usually will accept the Courtroom of Appeal stance's statement of the issues and facts unless the party has called the Courtroom of Appeal's attention to any declared omission or misstatement of an issue or fact in a petition for rehearing.

(d) Petitions in nonconsolidated proceedings

If the Court of Appeal decides an appeal and denies a related petition for writ of habeas corpus without issuing an order to testify cause and without formally consolidating the two proceedings, a party seeking review of both decisions must file a divide petition for review in each proceeding.

(e) Time to serve and file

(1)  A petition for review must exist served and filed within 10 days after the Court of Appeal decision is terminal in that court. For purposes of this rule, the engagement of finality is non extended if it falls on a day on which the office of the clerk/executive officer is airtight.

(ii)  The fourth dimension to file a petition for review may non be extended, just the Chief Justice may relieve a party from a failure to file a timely petition for review if the time for the courtroom to order review on its ain move has not expired.

(3)  If a petition for review is presented for filing before the Court of Appeal conclusion is last in that court, the clerk/executive officer of the Supreme Court must accept information technology and file it on the 24-hour interval subsequently certitude.

(4)  Whatever reply to the petition must exist served and filed within 20 days later the petition is filed.

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

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

(f) Additional requirements

(i)  The petition must also exist served on the superior court clerk and, if filed in newspaper format, the clerk/executive officeholder of the Court of Appeal. Electronic filing of a petition constitutes service of the petition on the clerk/executive officer of the Court of Entreatment.

(2)  A copy of each brief must be served on a public officer or agency when required by statute or by rule 8.29.

(3)  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 5 days after the clerk gives discover of the defect the court may strike the petition or impose a lesser sanction.

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

(k) Amicus curiae letters

(1)  Whatever 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 Courtroom an amicus curiae alphabetic character rather than a brief.

(2)  The letter of the alphabet must draw the interest of the amicus curiae. Whatever matter fastened to the alphabetic character or incorporated by reference must comply with dominion viii.504(e).

(3)  Receipt of the alphabetic character does not plant get out to file an amicus curiae brief on the merits nether rule 8.520(f).

(Subd (1000) amended constructive January i, 2007; previously amended effective July ane, 2004.)

Dominion 8.500 amended effective January 1, 2020; repealed and adopted as rule 28 effective January 1, 2003; previously amended effective January 1, 2004, July 1, 2004, January 1, 2009, and January one, 2018; previously amended and renumbered effective January ane, 2007.

Subdivision (a). A party other than the petitioner who files an answer may be required to pay a filing fee nether Government Code section 68927 if the answer is the start document filed in the proceeding in the Supreme Court by that party. See dominion 8.25(c).

Subdivision (a)(1) makes information technology clear that any interlocutory guild of the Court of Appeal-such every bit an social club denying an awarding to appoint counsel, to broaden the tape, or to allow oral argument-is a "decision" that may be challenged by petition for review.

Subdivision (e). Subdivision (eastward)(ane) provides that a petition for review must be served and filed within 10 days subsequently the Court of Entreatment determination is last in that courtroom. Finality in the Court of Entreatment is by and large governed by rules 8.264(b) (civil appeals), eight.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and viii.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the general rule that a Courtroom of Appeal determination is final in that courtroom 30 days afterwards filing. They then carve out specific exceptions-decisions that they declare to be final immediately on filing (see rules 8.264(b)(2), 8.366(b)(two), and viii.490(b)(1)). The manifestly 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 electric current practice, in which parties may exist allowed to use for-and the Courts of Appeal may grant-reconsideration of such interlocutory orders; reconsideration, of class, would exist impermissible if the orders were in fact final on filing.

Opposite to paragraph (2) of subdivision (e), paragraphs (4) and (5) practise not prohibit extending the fourth dimension to file an respond or reply; because the subdivision thus expressly forbids an extension of time only with respect to the petition for review, past articulate negative implication it permits an application to extend the time to file an respond or reply under rule viii.50.

See dominion 8.25(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 viii.25. Subdivision (f)(i) requires that the petition (but not an answer or reply) exist served on the clerk/executive officeholder of the Court of Appeal. To assistance litigants, (f)(1) also states explicitly what is impliedly required by dominion 8.212(c), i.east., that the petition must as well be served on the superior court clerk (for delivery to the trial judge).

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