| GENERAL APPELLATE PROCEDURES | |||
| Topic | New | Old | Significant Changes / Comments |
| Definitions | Rule 40 | ||
| Appellant, respondent, party | 40(a) | 40(c), (e) | No substantive changes. |
| Gender, tense, number | 40(b) | 40(a) | No substantive changes. |
| Judgment | 40(c) | 40(g) | No substantive changes. |
| Must, may, may not, should, will | 40(d) | 40(d) | Substitutes "must" for "shall" and adds definitions of "may not," "should," and "will." |
| Superior and reviewing courts | 40(e) | 40(b) | No substantive changes. |
| Deletions and movements to other rules | |||
| Serve and file | 40.1 | 40(f) | Moved from rule on "Definitions" (40) to "Service and Filing" (40.1). |
| Chief Justice and Presiding Justice | None | 40(h) | Provision that "Chief Justice" or "Presiding Justice" includes persons acting in those roles is deleted as unnecessary. |
| Briefs | None | 40(i) | New rules have no provision that "brief" includes petitions for review and rehearing and answers thereto. New rules specifically name those documents when applicable. |
| Register | 70 | 40(j) | Provisions on register of appeals and writs are in rule 70. No longer defined in rule 40. |
| Date of filing | 40.1(b) | 40(k) | Provisions on when document is deemed filed are moved to rule 40.1(b) and changed substantively. |
| Recycled paper | 40.2 | 40(l) | Provisions moved from rule 40 "Definitions" to rule 40.2 "Recycled Paper." |
| Service and filing | Rule 40.1 | ||
| Service | 40.1(a) | ||
| Method; whom to serve | 40.1(a)(1) | 40(e), (f) | No substantive changes. But now explicitly mentions service methods authorized by Code of Civil Procedure, rather than "by law." |
| Proof of service | 40.1(a)(2) | 40(f) | No substantive changes. |
| Filing | 40.1(b) | ||
| Date of receipt by clerk | 40.1(b)(1) | 40(k) | No substantive changes. |
| Timeliness - general: receipt before due date | 40.1(b)(2) | No substantive changes. | |
| Mail filing as exception to above | |||
| Priority or express mail as shown on postmark | 40.1(b)(3) (A) | 40(k) | Substantive change to "priority" or overnight from previous "certified" or overnight. The Appellate Advisory Committee does not comment on this. |
| Overnight carrier as shown on receipt | 40.1(b)(3) (B) | 40(k) | No substantive changes. |
| Original proceedings not covered by 40.1(b)(3) | 40.1(b)(4) | New | |
| Recycled paper | Rule 40.2 | ||
| Service or filing as certification of use of recycled paper | 40.2 | 40(l) | No substantive changes. |
| Change of address or phone | Rule 40.5 | ||
| Service and filing notice | 40.5(a) | ||
| Attorney or unrepresented party to notify court promptly in writing | 40.5(a)(1) | 40.5(a) | Adds "promptly" to provisions. |
| Title and number of case; Bar number | 40.5(a)(2) | 40.5(a) | Adds title of case to required information. |
| All pending and concluded cases covered | 40.5(b) | 40.5(b) | Now includes unrepresented parties as well as attorneys. |
| Appearance not conforming to address of record; multiple offices | 40.5(c) | ||
| Entry of appearance despite variance; subject to being struck if attorney fails to confirm | 40.5(c)(1) | 40.5(c) | No substantive changes. |
| Attorneys may have two or more offices as addresses of record, but only one per case | 40.5(c)(2) | 40.5(c) | No substantive changes. |
| Topic | New | Old | Significant Changes / Comments |
| Motions in reviewing court | Rule 41 | ||
| Motion and opposition | 41 | ||
| Motion, content | 41(a)(1) | 41(a) | No substantive changes. |
| Points and authorities, supporting documents | 41(a)(2) | 41(a) | No substantive changes. |
| Opposition due within 15 days after motion filed | 41(a)(3) | 41(a) | Change: measured from date of filing of motion rather than service; 15 days instead of 10. |
| Disposition | 41(b) | ||
| After opposition or other response is filed or due | 41(b)(1) | 41(b) | Adds "or other response" to allow for notice of intent not to oppose. |
| Hearing | 41(b)(2) | 41(b) | No substantive changes. |
| Failure to oppose may be deemed consent to granting | 41(c) | 41(c) | No substantive changes. No longer mentions failure to oppose motion to dismiss appeal as implied abandonment; covered in existing language. |
| Motions before record filed | Rule 42 | ||
| Motion to dismiss appeal must show by clerk's certification or declaration: | 42(a) | ||
| Nature of action and relief sought | 42(a)(1) | 42(a)(1) | No substantive changes. |
| Name, address, phone of all attorneys and their parties; same for unrepresented parties | 42(a)(2) | 42(a)(2) | Fills gap by requiring name, address, phone of attorneys and unrepresented parties, and parties attorneys represent. |
| Order or judgment, date of entry and service of notice of entry | 42(a)(3) | 42(a)(3) | No substantive changes. |
| Factual basis of any extension of time to appeal under rule 3 | 42(a)(4) | 42(a)(4), (5) | Expands grounds. Former rule mentioned only motions for new trial. |
| Filing dates of all notices of appeal; courts in which filed | 42(a)(5) | 42(a)(6) | Change: must show court in which appeal was "filed," rather than to which it was "taken." |
| Filing date of documents necessary to procure record | 42(a)(6) | 42(a)(7) | Change: must include filing dates of all documents necessary to procure record, not just the four listed in former rule. |
| Status of record preparation | 42(a)(7) | 42(a)(8) | Change: new provisions more general; former rule focused on record certification. |
| Other motions must show relevant facts | 42(b) | 42(b) | No substantive changes. |
| Applications in reviewing court | Rule 43 | ||
| Service and filing | 43(a) | 43 | No substantive changes. |
| Contents | 43(b) | 43 | No substantive changes. Good cause or exceptional good cause is required. |
| Envelopes | 43(c) | 43 | Limits addressed, stamped envelope requirement for parties to Court of Appeal; Supreme Court does not use. |
| Disposition by Chief Justice or Presiding Justice unless otherwise ordered | 43(d) | 43 | No substantive changes. |
| Form, number, cover of documents filed | Rule 44 | ||
| Form | 44(a) | 44(a) | No substantive changes. Eliminates provisions duplicative of rule 14. |
| Number of copies | 44(b) | ||
| If filed in Supreme Court: | 44(b)(1) | ||
| Petition for review, answer, reply, brief on merits, amicus curiae brief and answer, petition for rehearing and answer | 44(b)(1)(A) | 44(b)(1)(A), (B) | Fills gap as to amicus brief and petition for rehearing, answers to these: original and 13. |
| Writ petition, response, reply | 44(b)(1)(B) | 44(b)(1)(C) | No substantive changes: original and 10. |
| Habeas corpus | 44(b)(1)(C) | 44(b)(1)(C) | To conform to practice, original and two. |
| Topic | New | Old | Significant Changes / Comments |
| Number of copies, Supreme Court filings (cont.) | |||
| Petition for review to exhaust state remedies, answer or reply, amicus letter under rule 28(g) | 44(b)(1)(D) | 44(b)(1)(E) | Fills gap as to amicus letter in support of petition for review: original and eight. |
| Motion, opposition | 44(b)(1)(E) | 44(b)(1)(D) | No substantive changes: original and eight. |
| Application or any other document | 44(b)(1)(F) | 44(b)(1)(F) | No substantive changes: original and one. Clarifies applicability to extension requests and other applications. |
| If filed in Court of Appeal: | 44(b)(2) | ||
| Brief, amicus brief and answer, proof of service on Supreme Court in civil cases | 44(b)(2)(A) | 44(b)(2)(B) | Fills gap as to amicus brief and answer: original and four. Reduces Supreme Court copies to 4 (formerly 5). Per Appellate Advisory Committee, if ordered sealed, must comply with rule 15(c)(2). |
| Petition, answer/opposition, reply | 44(b)(2)(B) | 44(b)(2)(A) | Fills gap as to reply: original and four. |
| Motion, opposition/response | 44(b)(2)(C) | 44(b)(2)(C) | No substantive changes: original and three. |
| Application or other document | 44(b)(2)(D) | 44(b)(2)(D) | No substantive changes: original and one. Clarifies applicability to extension requests, other applications. |
| Separately bound supporting documents for petition or motion | 44(b)(3) | New | Only one copy unless ordered otherwise. |
| Cover color | 44(c) | ||
| Chart of documents and colors | 44(c)(1) | 44(c) | Fills gap as to appellant's (green), respondent's (yellow), reply (tan), and joint (white) appendices; answer to amicus brief (blue); reply to answer to writ petition (red). Otherwise, no substantive changes. |
| Cross-appeals | 44(c)(2) | New | Fills gap: yellow for combined AOB-RB and tan for combined RB-ARB. |
| Non-conforming documents | 44(c)(3) | 44(c) | No substantive changes. |
| Cover information | 44(d) | 44(d) | No substantive changes, but simply refers to rule 14(b)(10)(D) instead of repeating its provisons. |
| Shortening and extending time | Rule 45 | ||
| Computing time | 45(a) | 45(a) | No substantive changes. |
| Extending time | 45(b) | 45(c) | No substantive changes. Simplified by blanket reference to extensions "required or permitted by these rules." |
| Shortening time | 45(c) | 45(d) | No substantive changes. |
| Application for extension | 45(d) | ||
| Factual showing; service | 45(d)(1) | 45.5(b) | No substantive changes. |
| Required statements | |||
| Due date | 45(d)(2)(A) | 45.5(b) | No substantive changes. |
| Length of extension | 45(d)(2)(B) | 45.5(b) | No substantive changes. |
| Previous extensions | 45(d)(2)(C) | 45.5(b) | No substantive changes. |
| Cause | 45(d)(2)(D) | 45.5(b) | No substantive changes. |
| Relief from default | 45(e) | 45(e) | Fills gap: no relief from failure to file timely request for certificate of probable cause. |
| No extension by superior court | 45(f) | 45(b) | No substantive changes. |
| Notice to party | 45(g) | ||
| To client in civil case | 45(g)(1) | 45(f) | No substantive changes. |
| Class action | 45(g)(2) | 45(f) | No substantive changes. |
| Party's address | 45(g)(3) | 45(f) | No substantive changes. |
| Deletions and movements to other rules | |||
| Time to file notice of appeal not to be extended | 2(b), 30.1(a) | 45(c) | No substantive changes. |
| Time to file petition for review not to be extended | 28(e)(2) | 45(c) | No substantive changes. |
| Time to grant or deny petition for rehearing in Court of Appeal not to be extended | 25(c) | 45(c) | No substantive changes. |
| Topic | New | Old | Significant Changes / Comments |
| Deletions from former rule 45 (cont.) | |||
| Time to grant or deny petition for review | Deleted | 45(c) | Covered in rule 28.2(b). |
| Time to grant or deny petition for rehearing in Supreme Court | Deleted | 45(c) | Covered in rule 29.5(c) |
| Time for acts under rules 62 and 63(d) | Deleted | 45(c) | Those rules repealed in 2003. |
| Relief from default for failure to file timely petition for review or rehearing | Deleted | 45(c) | Covered in rules 25(b)(4), 28(e)(2), 29.5(b) |
| Appellate emergencies | Rule 45.1 | ||
| Emergency extensions | 45.1(a) | 45.1 | No substantive changes. |
| Extent and length of order | 45.1(b) | 45.1 | No substantive changes. |
| Additional extension | 45.1(c) | 45.1 | No substantive changes. |
| Extension policies and factors | Rule 45.5 | ||
| Policies | 45.5(a) | 45.5(a) | No substantive changes. |
| Factors considered | 45.5(b) | 45.5(c) | |
| Prejudice to party | 45.5(b)(1) | 45.5(c)(1) | No substantive changes. |
| Position of client and opponent | 45.5(b)(2) | 45.5(c)(2) | No substantive changes. |
| Length of record | 45.5(b)(3) | 45.5(c)(3) | Clarification: "Average" length confined to civil cases. |
| Issues | 45.5(b)(4) | 45.5(c)(3) | No substantive changes. |
| Settlement negotiations | 45.5(b)(5) | 45.5(c)(4) | No substantive changes. |
| Priority | 45.5(b)(6) | 45.5(c)(5) | No substantive changes. |
| Whether counsel new to case | 45.5(b)(7) | 45.5(c)(6) | No substantive changes. |
| Need to have others review document | 45.5(b)(8) | 45.5(c)(6) | No substantive changes. |
| Counsel's other commitments | 45.5(b)(9) | 45.5(c)(7) | No substantive changes. |
| Unavailability of counsel | 45.5(b)(10) | 45.5(c)(8) | No substantive changes. |
| Other good cause | 45.5(b)(11) | 45.5(c)(9) | No substantive changes. |
| Documents violating rules not to be filed | Rule 46 | ||
| Clerk not to file documents violating rules | 46 | 46 | No substantive changes. |
| Sanctions to compel compliance by clerk or reporter | Rule 46.5 | ||
| Interference with court proceedings, sanctions for | 46.5 | 46.5 | No substantive changes. |
| Courts of Appeal with more than one division | Rule 47 | ||
| Assignments to equalize workload | 47 | 47 | Eliminates specific directions as to how to make assignments. Reflects existing practice. |
| Substitution of parties or attorneys | Rule 48 | ||
| Substituting parties | 48(a) | 48(a) | No substantive changes. |
| Substituting attorneys | 48(b) | 48(b) | To conform to practice, done by substitution rather than stipulation or motion. To conform to statute and practice, need not be signed by former attorney. |
| Withdrawing attorney | 48(c) | ||
| Motion to withdraw | 48(c)(1) | 48(b) | No substantive changes. |
| Address of party | 48(c)(2) | New | Attorney must provide address and phone of party if court grants withdrawal. |
| Notice to superior court | 48(c)(3) | 48(b) | No substantive changes. |
| Notice to Court of Appeal | 48(c)(4) | New | Fills gap: If motion made after review granted, Supreme Court clerk must notify Court of Appeal of any ruling on motion to withdraw. |
| Topic | New | Old | Significant Changes / Comments |
| Writ of supersedeas | Rule 49 | ||
| Petition | 49(a) | 49 | No substantive changes. |
| Opposition | 49(b) | 49 | No substantive changes. |
| Temporary stay | 49(c) | 49 | No substantive changes. |
| Issuing the writ | 49(d) | 49 | No substantive changes. |
| Request for stay or supersedeas bound with petition | 49.5 | ||
| Information on cover | 49.5(a) | 49.5 | Cover must state "STAY REQUESTED." New: cover must identify nature and date of matter to be stayed. |
| Additional information | 49.5(b) | New | On cover or at beginning: trial court and department, name and phone of judge |
| Sanction | 49.5(c) | 49.5 | No substantive changes. |
| Substitute trial judge | Rule 51 | ||
| Different trial judge when original is unavailable | 51 | 51 | No substantive changes. |
| Presumption from record | Rule 52 | ||
| Presumption record is adequate to decide issues, unless no reporter's transcript and alleged error not on face of record | 52 | 52 | No substantive changes. |
| Application and construction of rules | Rule 53 | ||
| Kinds of proceedings | 53(a) | 53 | No substantive changes. |
| Liberal construction | 53(b) | 53 | No substantive changes. |
| Amendments to statutes | 53(c) | New | Fills gap: References in rules to statutes include subsequent amendments to the statutes. |
| Amendments to rules | Rule 54 | ||
| Judicial Council amends; published in advance sheets; effective date | 54 | 54 | Effective date is the one ordered by Judicial Council, to reflect existing practice. Provision on withdrawal of proposed amendment deleted as unnecessary. |