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 ORIGINAL PROCEEDINGS IN REVIEWING COURTS
 

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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