M
E M O R A N D U M
TO: Elaine Alexander, Executive Director, Appellate Defenders,
Inc.
FROM: Presiding Justice Judith McConnell
RE: New Juvenile Fast Track Policy on Extensions of Time and Augments
DATE: March 25, 2005
Summarized below is the new Juvenile Fast Track Policy on Extensions of Time and Augments that I have authorized for Division I:
Under newly revised California Rules of Court, rules 37.3(b)(5) and 37.4(a)(2), rule 17 now applies to juvenile dependency appeals under rule 37.4 extending the time to file the appellant's opening brief or respondent's brief to 30 days from the date of the rule 17 notice. In order to meet the 250-day goal under rule 37.4(e) for processing juvenile dependency appeals, the court will consider the available rule 17 time in deciding whether an extension request makes "an exceptional showing of good cause" as is required under rule 37.4(f). If the brief is not timely filed, then a rule 17 notice will be sent out immediately on the day after the brief was due (e.g., the 31st day when no extension granted). However, in order to avoid the necessity of rule 17 notices but also maintain compliance with rule 37.4 timelines, counsel who request an extension of time are encouraged to agree in their application to relinquish an equivalent period of rule 17 time.
Additionally, when the court grants a request to augment, it will similarly evaluate any accompanying request for an extension of time to file a brief. Counsel shall strictly comply with the timing requirements for augment requests set forth in rule 37.4(d)(2) (e.g., appellant's request must be filed within 15 days of receipt of record). An untimely augment request must be accompanied by a request for relief from failure to timely file, which requires an exceptional showing of good cause.