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2022 California Rules of Court

Rule viii.500. Petition for review

(a) Right to file a petition, answer, or reply

(1)  A party may file a petition in the Supreme Courtroom for review of any decision of the Courtroom of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.

(2)  A political party may file an answer responding to the problems raised in the petition. In the respond, the party may ask the court to accost boosted issues if it grants review.

(three)  The petitioner may file a reply to the reply.

(Subd (a) amended effective January ane, 2004.)

(b) Grounds for review

The Supreme Court may social club review of a Court of Appeal conclusion:

(1)  When necessary to secure uniformity of decision or to settle an important question of constabulary;

(two)  When the Court of Entreatment lacked jurisdiction;

(3)  When the Court of Appeal decision lacked the concurrence of sufficient qualified justices; or

(4)  For the purpose of transferring the matter to the Court of Appeal for such proceedings as the Supreme Courtroom may society.

(Subd (b) amended effective Jan one, 2007.)

(c) Limits of review

(1)  As a policy matter, on petition for review the Supreme Courtroom normally will not consider an consequence that the petitioner failed to timely raise in the Court of Appeal.

(2)  A party may petition for review without petitioning for rehearing in the Court of Appeal, but equally a policy thing the Supreme Courtroom unremarkably volition have the Court of Appeal opinion'due south argument of the issues and facts unless the party has called the Court of Appeal'south attention to any alleged omission or misstatement of an issue or fact in a petition for rehearing.

(d) Petitions in nonconsolidated proceedings

If the Court of Appeal decides an entreatment and denies a related petition for writ of habeas corpus without issuing an social club to show cause and without formally consolidating the two proceedings, a political party seeking review of both decisions must file a separate petition for review in each proceeding.

(e) Time to serve and file

(1)  A petition for review must be served and filed within 10 days afterwards the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is non extended if information technology falls on a day on which the office of the clerk/executive officer is closed.

(ii)  The fourth dimension to file a petition for review may not exist extended, but the Principal Justice may relieve a party from a failure to file a timely petition for review if the time for the court to order review on its own motion has non expired.

(3)  If a petition for review is presented for filing before the Court of Appeal decision is concluding in that court, the clerk/executive officer of the Supreme Court must have it and file it on the day afterwards finality.

(iv)  Whatever answer to the petition must be served and filed within xx days afterward the petition is filed.

(5)  Whatsoever reply to the answer must be served and filed within 10 days later the answer is filed.

(Subd (e) amended effective January one, 2018; previously amended effective January 1, 2007, and January ane, 2009.)

(f) Additional requirements

(1)  The petition must also be served on the superior court clerk and, if filed in paper format, the clerk/executive officeholder of the Court of Appeal. Electronic filing of a petition constitutes service of the petition on the clerk/executive officeholder of the Court of Appeal.

(2)  A copy of each brief must be served on a public officeholder or bureau when required by statute or by rule 8.29.

(3)  The clerk/executive officer of the Supreme Court must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service inside 5 days after the clerk gives detect of the defect the court may strike the petition or impose a lesser sanction.

(Subd (f) amended effective Jan 1, 2020; previously amended constructive January 1, 2004, January one, 2007, and Jan 1, 2018.)

(m) Amicus curiae letters

(1)  Whatsoever person or entity wanting to support or oppose a petition for review or for an original writ must serve on all parties and send to the Supreme Court an amicus curiae letter rather than a brief.

(2)  The letter must depict the interest of the amicus curiae. Any thing attached to the letter or incorporated by reference must comply with rule viii.504(e).

(three)  Receipt of the letter does not constitute leave to file an amicus curiae brief on the merits nether dominion 8.520(f).

(Subd (g) amended effective January ane, 2007; previously amended effective July 1, 2004.)

Dominion eight.500 amended effective Jan ane, 2020; repealed and adopted as rule 28 effective Jan 1, 2003; previously amended effective January 1, 2004, July one, 2004, January 1, 2009, and Jan 1, 2018; previously amended and renumbered effective January i, 2007.

Subdivision (a). A party other than the petitioner who files an answer may be required to pay a filing fee under Government Lawmaking section 68927 if the reply is the commencement document filed in the proceeding in the Supreme Court past that party. Run into dominion 8.25(c).

Subdivision (a)(1) makes it articulate that whatsoever interlocutory order of the Court of Appeal-such as an order denying an application to appoint counsel, to augment the tape, or to permit oral argument-is a "decision" that may exist challenged by petition for review.

Subdivision (e). Subdivision (e)(ane) provides that a petition for review must be served and filed within ten days later on the Court of Appeal decision is final in that court. Finality in the Court of Appeal is generally governed by rules 8.264(b) (civil appeals), viii.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and eight.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the general dominion that a Court of Appeal decision is final in that court 30 days after filing. They and so cleave out specific exceptions-decisions that they declare to be final immediately on filing (see rules 8.264(b)(2), viii.366(b)(two), and 8.490(b)(1)). The apparently implication is that all other Courtroom of Appeal orders-specifically, interlocutory orders that may be the subject of a petition for review-are not terminal on filing. This implication is confirmed by current practice, in which parties may exist allowed to utilize for-and the Courts of Appeal may grant-reconsideration of such interlocutory orders; reconsideration, of grade, would be impermissible if the orders were in fact terminal on filing.

Contrary to paragraph (two) of subdivision (e), paragraphs (four) and (five) do non prohibit extending the time to file an reply or reply; considering the subdivision thus expressly forbids an extension of time only with respect to the petition for review, by clear negative implication it permits an application to extend the time to file an respond or answer under rule 8.l.

See rule 8.25(b)(5) for provisions apropos the timeliness of documents mailed past inmates or patients from custodial institutions.

Subdivision (f). The general requirements relating to service of documents in the appellate courts are established by rule 8.25. Subdivision (f)(1) requires that the petition (but not an reply or reply) be served on the clerk/executive officer of the Court of Appeal. To help litigants, (f)(1) likewise states explicitly what is impliedly required by rule 8.212(c), i.e., that the petition must also be served on the superior courtroom clerk (for commitment to the trial judge).

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