| RULE CHANGES EFFECTIVE 1/1/04 RELEVANT TO APPOINTED APPELLATE PRACTICE | |||
| TOPIC | NEW RULE | OLD RULE | COMMENT |
| REHEARING AND REVIEW | |||
| Rehearing in Court of Appeal: answer | 25(b)(2) | 25(b)(2) amended | No answer allowed unless court requests it. Due 8 days after order unless court sets other date. |
| Rehearing in Supreme Court: answer | 29.5(b) | 25(b)(2) | Moves due date from 25(b) to 29.5(b). No substantive change. Request from court not required. |
| Rehearing: relief from late filing | 25(b)(4) | New | Application to PJ for relief from failure to timely file petition for rehearing in Court of Appeal. |
| Review: federal exhaustion petition | 33.3 | New | Abbreviated petition for review permitted if only purpose is to exhaust state remedies for federal habeas corpus. Only original and 8 copies need be filed under new rule 44(b)(1)(E). |
| Review: general | 33.2 | New | Cross-reference to rules 28 through 29.2 for hearing and decision in Supreme Court in non-capital criminal cases. |
| Review: no. copies of petition, answer, reply | 44(b)(1)(A),(E) | 44(b)(1)(i) for subd. (A). Subd. (E) is new. | Change to subd. (A): original and 13 copies, except for exhaustion-only petitions (rule 33.3), which under new subd. (E) of rule 44 require an orignal and 8. |
| Review: reply to answer | 28(a)(3) | 28(a)(3) amended, 28.1(d) repealed | Reply no longer limited to additional issues raised in answer. |
| NEW NON-CAPITAL CRIMINAL RULES: HIGHLIGHTS AND SUBSTANTIVE CHANGES | |||
| Abandonment | 30.3 | 38 | Change in superior court clerk's duty to give notice of abandonment. |
| Appealability | 30(a)(2) | New | Any criminal action with felony charge can be appealed to Court of Appeal, regardless of outcome |
| Briefs: content and form | 33(a) | 37(c) | Rules 13 and 14 apply. |
| Briefs: length | 33(b) | 37(d) | New: word count maximum of 25,500 words for computer produced briefs. Certificate of word count required. |
| Briefs: no. of copies in Supreme Court | 44(b)(1)(B) | 44(b)(2)(ii) | Change: original and 13. |
| Briefs: service | 33(d) | 37(a) | Change reflecting existing practice: AG must serve a copy on project. |
| Briefs: service on AG | 44.5 | New. 15(e) repealed, 28(f)(3) amended | Incorporates requirements of repealed rule 15(e) for when AG must be served. Not applicable to dependency cases under rule 39.1(d). Statement on cover of brief re service requirement. |
| Briefs: time to file | 33(c) | 37(a) | No substantive changes. |
| Briefs: when both parties appeal | 33(e) | New | Adapts rule 16 to criminal appeals. Defendant's brief due first unless court orders otherwise. |
| Certificate of probable cause: validity issues | 30(b)(5) | New | Warns of law requiring timely certificate of probable cause to attack validity of plea, even if appeal operative without it. |
| Decision in reviewing court | 33.1,33.2 | New | Cross-reference to rules 21 through 27 and 28 through 29.2 for hearing and decision in Court of Appeal and Supreme Court. |
| NEW NON-CAPITAL CRIMINAL RULES: HIGHLIGHTS AND SUBSTANTIVE CHANGES (cont.) | |||
| Notice of appeal: general requirements | 30(a) | 31(a),(b) | No substantive changes. |
| Notice of appeal: guilty pleas requiring certificate of probable cause. | 30(b)(1),(2) | 31(d) | Certificate of probable cause needed to attack validity of plea; separate notice of appeal AND request for certificate of probable cause required; ruling on request for certificate. |
| Notice of appeal: guilty pleas not requiring certificate of probable cause. | 30(b)(4) | 31(d), para. 2 | No change: certificate of probable cause not required if notice of appeal says appeal is based on Penal Code §tificate of probable cause required; ruling on request for certificate. |
| Notice of appeal: notification of filing | 30(c)(1) | 31(a) | Change: Clerk rather than appellant's counsel must notify parties and reporter of a notice of appeal. |
| Notice of appeal: time for filing | 30.1 | 31 | Change: Clerk must notify appellate project as well as appellant if notice is late. |
| Notice of inoperative appeal (no certificate of probable cause) | 30(b)(3) | New | Clerk must notify appellant and appellate project appeal is inoperative if certificate of probable cause is not timely requested or is denied |
| Oral argument | 33.1,33.2 | New | Cross-reference to rules 21 through 27 and 28 through 29.2 for hearing and decision in Court of Appeal and Supreme Court. |
| Record: additions in superior court | 31.1 | 33(b) | Change in time clerk must notify reporter to prepare additional transcript. Transmission of exhibits at party's request not an addition, but part of normal record. |
| Record: augment order | 32.1(d) | New | Adds cross-reference to rule 12. |
| Record: augment to reflect new judgment or order | 32.1(a) | 33(d),35(e) | No substantive changes. |
| Record: augment, where sent | 32.1(c) | 33(d) | Change: Augment to be sent to project if defendant has no counsel |
| Record: clerk's transcript | 31(b) | 33(a)(1) | No substantive changes. |
| Record: exhibits | 31(e) | 33(a)(3), 33(b), 34(3), 35(e) | Incorporates rule 18 by reference. |
| Record: form | 31(f) | 35(f) | No substantive changes. |
| Record: juror identifying info. | 31.3 | 33.6 | No substantive changes. |
| Record: limited in certain appeals | 31(d) | 34 | No substantive changes. |
| Record: normal record - general | 31 | 33 | No substantive changes. |
| Record: omissions | 32.1(b) | 35(e) | No substantive changes. |
| Record: reporter's transcript | 31(c) | 33(a)(2) | New: Normal record in People's appeal includes oral communications between court and jury. |
| Record: sealed. (Marsden, other) | 31.2 | 33.5 | Marsden transcript sent directly to appellant's counsel or appellate project. Index to in camera proceedings required. |
| Record: settled or agreed statement | 32.2, 32.3 | 36(a),(b) | Any party may apply for settled statement. Request need not be certified or have clerk's certificate. |
| NEW NON-CAPITAL CRIMINAL RULES: HIGHLIGHTS AND SUBSTANTIVE CHANGES (cont.) | |||
| Record: time to begin preparation | 32(a),(b),(c),(d) | 31(d), 34.5, 35(a),(b) | Changes mostly directed at clerks. New: Each co-appellant receives copy of record. |
| Rehearing in reviewing court | 33.1,33.2 | New | Cross-reference to rules 21 through 27 and 28 through 29.2 for hearing and decision in Court of Appeal and Supreme Court. |
| Release pending appeal | 30.2 | 32 | Addition: States existing law on availability of interim relief. |
| Review: seeking in Supreme Court | 33.2 | New | Cross-reference to rules 28 through 29.2 for hearing and decision in Supreme Court. |
| Stay pending appeal | 30.2 | 32 | Minor changes re service and notice to superior court. Provides for stay of probation order. |
| OTHER CHANGES RELEVANT TO APPOINTED APPELLATE PRACTICE | |||
| Briefs: AG, service on | 44.5 | New. 15(e) repealed, 28(f)(3) amended | Incorporates requirements of repealed rule 15(e) for when AG must be served. Not applicable to dependency cases under rule 39.1(d). Statement on cover of brief re service requirement. |
| Briefs: no. of copies in Supreme Court | 44(b)(1)(B) | 44(b)(2)(ii) | Change: original and 13. |
| Death penalty appeals | 34 through 36.3 | 34, 36.1, 36.2, 39.50-39.57 | General revision. Changes not described here. |
| Dependency briefs: service on AG | 39.1(d) | 39.1(d) amended | Rules 33(d)(1) and 44.5 re service on AG and DA not applicable. |
| Dependency: service on project and appointed counsel | 39.1(d) | 39.1(d) amended | County must serve appellate project and serve two copies on appointed counsel. |
| Habeas corpus, superior court: time for decision; failure to rule | 4.551(a)(3) | 4.551(a)(3), amended | Decision on petition due in 60 days. If court fails to rule, petitioner may file request for ruling; presiding judge must assign case to judge and calendar it for decision in 30 days of the filing of the request. |
| Writs: attachments to habeas petition | 56.5(c)(4) | New | Supporting attachments must comply with rule 56(d). |
| Writs: no. copies of petition or response in Supreme Court | 44(b)(1)(C) | New | New: original and 10. |