| Highlights of Rule Changes
Effective
January 1, 2005
Original proceedings generally
New rule 56
Clarification as to form and length of petition: To emphasize
that rule 14(c), including its length limit (and the accompanying
certificate), applies to writ petitions, that point is now
explicit. (56(a)(1), (b)(6).)
Fills gap as to number of copies of exhibits and other
supporting documents to be filed with reviewing court: Generally
one copy, under rule 44(b)(3). (56(d)(3).)
Clarification of service: No need to serve supporting documents
on respondent court. (56(f)(1).)
Addition to proof of service: Phone numbers of attorneys
served. (56(f)(3).)
Change in time to file preliminary informal opposition:
Within 10 days after petition is filed. (56(g)(1).)
Fills gap as to time to reply to preliminary informal opposition:
Within 10 days after opposition is filed. (56(g)(3).)
Change in time to file return to alternative writ or order
to show cause, or formal opposition to peremptory writ in
first instance: Within 30 days after court issuance of alternative
writ, order to show cause, or Palma notice. (56(h)(2).)
Fills gap as to time to reply to return or formal opposition:
Within 15 days after return or opposition is filed. (56(h)(3).)
Worker's Compensation Appeals Board
New rule 57
New required contents of petition: Judge minutes of hearing
and summary of evidence. (57(a)(1).)
Clarification of who is to be served: Secretary of board
in San Francisco, not local district office. (57(a)(3).)
Change in time to file answer and reply: Answer within
25 days of filling of petition. (57(b)(1).) Reply within
15 days of filing of answer. (57(b)(2).)
Public Utilities Commission
New rule 58
Clarification of service: Must include executive director
and general counsel of PUC. (58(a)(1).)
Change in time to file answer and reply: Answer within
35 days of filling of petition. (58(b)(1).) Reply within
25 days of filing of answer. (58(b)(2).)
Agricultural Labor and Public Employment Relations
Boards
New rule 59
Change in who must be served with petition in Public Employment
Relations Board cases: General counsel of board. (59(a)(1).)
Changes in time to file briefs: Petitioner within 35 days
after index filed, respondent board and any real party in
interest within 35 days after petitioner brief filed, reply
by petitioner within 25 days after respondent brief filed.
(59(c).)
Habeas corpus
New rule 60
Additional requirements for petitions filed by attorney:
References to exhibits and other supporting documents must
include citation to index tab and page. (60(b)(5).) Petition
must include transcript of any evidentiary hearing relevant
to a claim. (60(b)(6).)
Petitions unrelated to appellate district: Restatement
of former section 6.5 of Standards of Judicial Administration,
allowing court to deny such a petition without prejudice
and requiring order to identify basis for denial and proper
court in which to file. (60(e).)
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