New Rules 2005 - Juvenile Appeals

JUVENILE APPEALS:

DELINQUENCY AND DEPENDENCY

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Topic

New

Old

Significant Changes / Comments

General

Rule 37

Application of rules 37-38.6

37(a)

39(a)

Deletes provision incorporating criminal rules where applicable.  Now juvenile rules are self-contained.

Confidentiality

37(b)

List of persons authorized to view appellate record and filings

37(b)(1)

39(f)

Adds appellate projects to list. Applies to both delinquency and dependency appeals.

Protecting anonymity of parties

37(b)(2)

39(g)

Specifically requires parties to be called by first name and/or initials, in accord with current practice and Calif Style Manual.

Access of potential amicus curiae to filed documents

37(b)(3)

None

New provision, fills gap.

Limiting public admission to oral argument

37(b)(4)

39(g)

No substantive changes.

Notice of appeal

37(c)

30(a), 39(b)

Requirement of notice of appeal, signed by appellant or attorney

37(c)(1)

30(a), 39(b)

No substantive changes.

Sufficient if identifies what decision is being appealed. Liberal construction

37(c)(2)

30(a), 39(b)

No substantive changes.

Time to appeal

37(d)

60 days from judgment or order, generally

37(d)(1)

39(b), 39.1(f)

No substantive changes.

Appeal from order of referee not acting as temporary judge

37(d)(2)

39(b), 39.1(f)

No substantive changes.

Appeal from order of referee after denial of rehearing

37(d)(3)

39(b)

No substantive changes.

Cross-appeals

37(d)(4)

New

Fills gap. Formerly incorporated rule 3 by reference.

Premature or late notice of appeal

37(e)

Premature notice of appeal

37(e)(1)

30.1(b)

No substantive changes.

Late notice of appeal

37(e)(2)

30.1(c)

No substantive changes.

Superior court clerk's duties

37(f)

Notice to parties, minor, Court of Appeal

37(f)(1)(A)

39(b), 39.1B(f), 30.1(c)(1)

Adds Court of Appeal and minor to list of those to be notified.

Notice to reporter by telephone to deliver transcript within 20 days

37(f)(1)(B)

39.1A(c)

New to delinquency and non-termination dependency cases: requirement of telephonic notice.

Notice to de facto parent, CASA, Indian tribe that has appeared in case

37(f)(2)

39(b)

New: applies to delinquency cases, as well as dependency.  Notice to tribe only if it has appeared in the proceedings.

Content of notification

37(f)(3)

30(c)(2)

Adds name of appellant to required content.

Inclusion of notice of appeal and list of reporters

37(f)(4)

30(c)(3)

No substantive changes.

Notice of appeal is sufficient notification if has information required in (3) & (4)

37(f)(5)

30(c)(4)

No substantive changes.

Mailing notification sufficient despite unavailability of attorney

37(f)(6)

30(c)(5)

No substantive changes.

Failure to comply with (f) does not affect validity of appeal

37(f)(7)

30(c)(6)

No substantive changes.

Deletions from rules

Priority to be given juvenile appeals

None

39(e)

Former 39(e) is deleted as duplicative of statutes

Record on appeal

Rule 37.1

Normal record: clerk's transcript

37.1(a)

Petition

37.1(a)(1)

39(c)(1)(b)

No substantive changes.

Notice of hearing

37.1(a)(2)

39(c)(1)(b)

Deletes restriction that notice have been "addressed to the minor, the parent, or guardian."

Minutes

37.1(a)(3)

39(c)(1)(d)

No substantive changes.

Report or document submitted to court

37.1(a)(4)

39.1A(c) (4)-(5)

Requires same transcript for all juvenile appeals.

Jurisdictional findings

37.1(a)(5)

39(c)(1)(e)

No substantive changes.

Topic

New

Old

Significant Changes / Comments

Record on appeal: clerk's transcript (cont.)

Judgment or order appealed from

37.1(a)(6)

39(c)(1)(f)

No substantive changes.

Application for rehearing

37.1(a)(7)

39(c)(1)(c)

No substantive changes.

Notice of appeal and related orders

37.1(a)(8)

39(c)(1)(a)

No substantive changes.

Transcript of recording

37.1(a)(9)

31(b)(11)

Imported from criminal rules.

Application for additional record and related order

37.1(a)(10)

31(b)(12)

Imported from criminal rules.

Opinion or dispositive order of Court of Appeal in same case

37.1(a)(11)

New

Fills gap.

Normal record: reporter's transcript

37.1(b)

39(c)(2), 39.1A(c)

Hearing related to decision being appealed

37.1(b)(1)

39.1A(c)(1)

Rejects requirement of old rule 39(c) that transcript of previous hearings be included.  No longer excludes opening statements from transcript.

Hearings on jurisdiction and disposition

37.1(b)(2)(A)

39(c)(2)

Recognizes jurisdicitonal hearings are reviewable only on appeal from disposition. No longer excludes opening statements from transcript.

Hearing on motion by appellant when denied

37.1(b)(2)(B)

New

Formerly available on request but not part of normal record.

Oral opinion of court

37.1(b)(3)

39(c)(2)

No substantive changes.

Application in superior court for addition to normal record

37.1(c)

39(d)

Clerk's transcript

37.1(c)(1)(A)

39(d)(1)

No substantive changes.

Reporter's transcript

37.1(c)(1)(B)

39(d)(2)

No substantive changes.

Application and order governed by rule 31.1(c)-(d)

37.1(c)(2)

39(d)

No substantive changes.

Agreed or settled statement

37.1(d)

New

Fills gap. Parties must comply with rule 32.2 or 32.3.

Form of record

37.1(e)

New.

Fills gap. Transcripts must comply with rule 9.

Transmitting exhibits

37.1(f)

39(c)(3) & (d)(3)

No substantive changes. Exhibits to be transmitted under rule 18.

Preparing, sending, augmenting, and correcting the record

Rule 37.2

Application

37.2(a)

New

Points out rule 37.4 might govern, instead.

Preparing and certifying the transcripts.

37.2(b)

Clerk's transcript

37.2(b)(1)

32(c), 39.1A(c)

No substantive changes.  Record must be prepared within 20 days.

Reporter's transcript

37.2(b)(2)

32(d), 39.1A(c)

No substantive changes.  Record must be prepared within 20 days.

Extension of time

37.2(c)

No extensions by superior court

37.2(c)(1)

32(e)(1)

No substantive changes.

Extensions by Court of Appeal -good cause and trial judge certification

37.2(c)(2)

32(e)(2)

No substantive changes.

Sending the record

37.2(d)

Originals to Court of Appeal

37.2(d)(1)(A)

32(f)(1)(A)

No substantive changes.  Requires date of sending to be shown on orginals.

Copies to counsel for appellant, respondent, and minor

37.2(d)(1)(B)

32(f)(1)(B)

No substantive changes.

Copy to project when counsel not chosen

37.2(d)(2)

32(f)(2)

Fills gap and conforms to existing practice.

No copy for Attorney General or district attorney unless acting as counsel

37.2(d)(3)

32(f)(1)(B) & (C), 39.1(c)

Unlike analogous criminal rule 32(f)(1)(C), there is no provision for district attorney to request transcript in delinquency cases if not acting as appellate counsel; may be inadvertent since there is no comment.

Augmenting and correcting the record in the reviewing court

37.2(e)

Correction of omissions in normal record and augmentation for trial court orders during appeal

37.2(e)(1)

32.1(a) & (b)

No substantive changes.

Augmentation or correction by Court of Appeal order

37.2(e)(2)

32.1(d)

No substantive changes.

Topic

New

Old

Significant Changes / Comments

Briefs

Rule 37.3

Contents, form, and length

37.3(a)

33(a) & (b)

No substantive changes.  Clarifies length limits are governed by criminal rule 33(b) (25,500 words), rather than civil rule 14(c).

Time to file

37.3(b)

Appellant's opening brief

37.3(b)(1)

33(c)(1), 39.1A(g)

No substantive changes. 40 days, unless under rule 37.4 ("fast track" appeals).

Respondent's brief

37.3(b)(2)

33(c)(2), 39.1A(g)

No substantive changes.

Reply brief

37.3(b)(3)

33(c)(3), 39.1A(g)

No substantive changes.

Brief of non-appealing minor represented by counsel

37.3(b)(4)

39.1A(g), 39.2A(f)

Due 10 days after respondent's brief.  Fills gap in former rule 39. Change from former 20 days under rules 39.1A(g) 39.2(f).

Rule 17 notice for failure to file opening brief

37.3(b)(5)

17(a) & (c), 33(c)(5), 39(a)

Clarifies applicability of rule 17(a), (c) to these cases: notice that appeal will be dismissed if brief not filed within 30 days.  This may be a change in some courts.

Extensions of time

37.3(c)

33(c)(4)

No substantive changes. Points out rule 37.4 may govern instead.

Additional service requirements

37.3(d)

Superior court

37.3(d)(1)

33(d)(4)

No substantive changes.

County or People to serve two copies on appointed opposing counsel

37.3(d)(2)(A)

39.1(d)

No substantive changes.

Appellate project

37.3(d)(2)(B)

39.1(d)

No substantive changes.

Service on Attorney General and district attorney

37.3(d)(3)

39.1(d)

No substantive changes.

Supreme Court

37.3(d)(4)

39.1(e)

No substantive changes.

All terminations of rights; dependency - Orange, Imperial, and San Diego Counties

Rule 37.4

Application

37.4(a)

Terminations: Welf. & Inst. Code § 366.26, Fam. Code § 7800 et seq.

37.4(a)(1)(A)

39.1A(a)

No substantive changes.

Dependency appeals from Orange, Imperial, and San Diego Counties

37.4(a)(1)(B)

39.2(a), 39.2A(a)

No substantive changes.

Rules 37-37.3 governs matters not covered in this rule.

37.4(a)(2)

New

Deletes provisions of former rules duplicative of rules 37-37.3 or Welf. & Inst. Code, § 399.26, subd. (l).

Transcript cover

37.4(b)

39.1A(c), 39.2(c), 39.2A(c)

No substantive changes. As before, must indicate type of appeal.

Sending the record

37.4(c)

Originals to Court of Appeal by most expeditious method

37.4(c)(1)(A)

39.1A(c), 39.2(c), 39.2A(c)

No substantive changes from rule 39.1A. For conformity to acutal practice, deletes "hand-carry" provisions of former rules 39.2 and 39.2A for Orange and San Diego Counties.

Copies for appellant, respondent, minor, and appellate project

37.4(c)(1)(B)

39.1A(c), 39.2(c), 39.2A(c)

No substantive changes.  Still must be by express mail or equivalent.

Copy to project when counsel not chosen

37.4(c)(2)

32(f)(2)

No substantive changes.

Augmenting or correcting the record in the reviewing court

37.4(d)

Rule 12 applies, except as in (2) and (3)

37.4(d)(1)

39.1A(d), 39.2(d), 39.2A(d)

No substantive changes.

Time to request

37.4(d)(2)

39.1A(d), 39.2(d), 39.2A(d)

No substantive changes. Still within 15 days of record or opening brief.

Time to prepare

37.4(d)(3)

39.1A(d), 39.2(d), 39.2A(d), 32(d)(3)

No change: clerk and reporter to give it highest priority. Added: "within 20 days."

Sending transcripts as required by (c)

37.4(d)(4)

39.1A(d), 39.2(d), 39.2A(d)

No substantive changes.

Topic

New

Old

Significant Changes / Comments

Terminations; Orange, Imperial, San Diego dependency appeals (cont.)

Time to file appellant's opening brief

37.4(e)

39.1A(g), 39.2(f), 39.2A(f)

Notes:  ► Time for AOB still 30 days, and court still expected to determine appeal within 250 days after record filed.  ► Advisory Committee comment: rules 37.3(b)(5) and 37.4(a)(2) together make rule 17 applicable to these appeals. This may be change in some courts.  ► Other briefs covered by rule 37.3(b), where there is a substantive change as to time for filing the minor's brief for appeals formerly governed by rule 39.1A(g) or 39.2(f).

Extensions of time

37.4(f)

39.1A(i), 39.2(h), 39.2A(h)

No substantive changes. Still may be granted only by Court of Appeal and only for exceptional good cause.

Oral argument and submission

37.4(g)

Time to request

37.4(g)(1)

39.1A, 39.2, 39.2A

Still within 15 days of appellant's reply brief or due date for it. To conform with practice, now specifically provides exception when court orders otherwise.

When argument to be heard

37.4(g)(2)

39.1A, 39.2, 39.2A

No substantive changes. Still within 60 days of appellant's reply brief or due date for it.

When submitted if argument waived

37.4(g)(3)

39.1A, 39.2, 39.2A

No substantive changes. Still within 60 days of appellant's reply brief or due date for it.

Hearing and decision in Court of Appeal

Rule 38.4

Governed by rules 22-26 except as provided in rules 37-38.4

38.4

New

New, but not a substantive change.

Hearing and decision in Supreme Court

Rule 38.5

Rules 28-28.9 govern.

38.5

New

New, but not a substantive change.

Procedures and data

Rule 38.6

Procedures to expedite juvenile writs and appeals

38.6(a)

39.1A(f), 39.2(e), 39.2A(e)

No substantive changes.

Data to assist Judicial Council in assessing rules

38.6(b)

39.1A(f), 39.2(e), 39.2A(e)

No substantive changes.