| ORIGINAL PROCEEDINGS IN REVIEWING COURTS | |||
| Topic | New | Old | Significant Changes / Comments |
| Original proceedings | Rule 56 | ||
| Application | 56(a) | 56(a), (i) | No substantive changes. Refers explicitly to rule 14, and excludes habeas corpus and writs of review. |
| Petition | 56(b) | 56(a), (b) | No substantive changes. Expressly refers in subdivision (6) to the length of petition, which is governed by rule 14(c). Also refers to temporary stays in subdivision (7). |
| Contents of supporting documents | 56(c) | 56(c) | No substantive changes. |
| Form of supporting documents | 56(d) | ||
| Binding, pagination, tabs, table | 56(d)(1) | 56(d) | No substantive changes. |
| Filing of non-conforming documents, time to comply | 56(d)(2) | 56(d) | No substantive changes. |
| Number of copies of supporting documents | 56(d)(3) | New | Fills gap. Refers to rule 44(b)(3), generally requiring one copy. |
| Sealed records | 56(e) | 56(e) | No substantive changes. |
| Service | 56(f) | 56(b) | Clarifies respondent court gets no copy of supporting documents. New: phone numbers of attorneys served must be included on proof of service. |
| Preliminary opposition | 56(g) | Deals with informal oppositions, as opposed to returns and formal opposition under subdivision (h). | |
| Within 10 days of filing of petition | 56(g)(1) | 56(b) | Change from "five days after service and filing." |
| Points and authorities, material facts not in petition | 56(g)(2) | 56(b) | No substantive changes. |
| Reply within 10 days of preliminary opposition | 56(g)(3) | New | Fills gap. |
| Action by court without opposition or reply | 56(g)(4) | 56(b) | No change: Court may grant or deny temporary stay, deny petition, issue alternative writ or OSC, or notify parties under Palma re possibility of peremptory writ in first instance. |
| Return or opposition, reply | 56(h) | 56(f) | |
| Return to alternative writ or order to show cause; opposition to peremptory writ in first instance | 56(h)(1) | 56(f) | No substantive changes. Specifically mentions Palma situation. |
| Within 30 days after court issues order | 56(h)(2) | 56(f) | Change: Formerly was 15 days before date set for hearing. |
| Reply within 15 days unless otherwise ordered | 56(h)(3) | New | Fills gap. |
| Peremptory writ may issue without answer if return is by demurrer alone and it is not sustained | 56(h)(4) | 56(f) | No substantive changes. |
| Attorney General's amicus brief | 56(i) | 56(g) | No substantive changes. |
| Notice to trial court | 56(j) | 56(h) | No substantive changes. |
| Responsive pleading under Code of Civil Procedure section 418.10, subdivision (c) | 56(k) | 56(j) | No substantive changes. |
| Costs | 56(l) | 56.4 | No substantive changes. |
| Worker's Compensation Appeals Board | 57 | ||
| Petition | 57(a) | ||
| Include decision to be reviewed | 57(a)(1)(A) | 57(a) | No substantive changes. |
| Include minutes, summary of evidence, findings, report prepared by judge | 57(a)(1)(B) | 57(a) | Minutes and summary of evidence are new requirements. |
| State and attach material evidence, if appeal attacks sufficiency of evidence | 57(a)(2) | 57(a) | Requirement that evidence be attached is new. |
| Service on WCAB Secretary in San Francisco, adverse parties | 57(a)(3) | 57(a) | Specifies Secretary in San Francisco and clarifies district office is not to be served. |
| Topic | New | Old | Significant Changes / Comments |
| Worker's Compensation Appeals Board (cont.) | |||
| Answer and reply | 57(b) | ||
| Answer within 25 days after petition filed, any exhibits not in petition | 57(b)(1) | 57(b) | Change: 25 days from filing of petition, rather than 20 days from service of it. Clairifes exhibits already in petition should not be included here. |
| Reply within 15 days of filing of answer | 57(b)(2) | 57(b) | Change: 15 days from filing of answer, rather than 10 days from service. |
| Public Utilities Commision | Rule 58 | ||
| Petition | 58(a) | 58(a) | Subd. (a)(1) specifies service is to be on executive director and general counsel. |
| Answer and reply | 58(b) | 58(b) | Answer within 35 days of petition and reply within 25 days of answer. Formerly, 30 and 20 days after service. |
| Agricultural Labor and Public Employment Relations Boards | Rule 59 | ||
| Petition | 59(a) | 59(a) | Change: Subd. (a)(1) specifies service in Public Employment Relations Board cases is to be on general counsel. Deletes statutory references as unnecessary. |
| Record | 59(b) | 59(b) | Deletes specific statutory references and refers instead to "time permitted by statute." |
| Briefs | 59(c) | ||
| Petitioner's | 59(c)(1) | 59(c) | Within 35 days after index is filed (rather than 30 days after service). |
| Respondent's | 59(c)(2) | 59(d) | Within 35 days after petitioner's brief filed (rather than 30 days after service). |
| Reply | 59(c)(3) | 59(d) | Within 25 days after respondent's brief is filed (rather than 20 days after service). |
| Habeas corpus | Rule 60 | ||
| Judicial Council form | 60(a) | 56.5(a), (b) | No substantive changes. |
| Petition filed by attorney | 60(b) | 56.5(c), (d) | New: Subd. (b)(5) requires citation to index tabs and page of supporting documents. Subd. (6) requires transcript of any evidentiary hearing. |
| Record | 60(c) | 60 | No substantive changes. |
| Informal response | 60(d) | 60 | No substantive changes. |
| Petition unrelated to appellate district | 60(e) | New rule | Restates Standards of Judicial Administration, section 6.5. |