The rule on motions, which was Rule 41, now is Rule 8.54. And there’s one change: Instead of saying that a motion “must be accompanied by points and authorities,” the rule now says that a motion “must be accompanied by a memorandum.” I’m not sure what exactly the change means.
What used to be Rule 17 now is Rule
8.220, but that rule now only applies in civil appeals and is no longer incorporated by reference into the
corresponding rule for criminal appeals. The
criminal equivalent of old Rule 17 now is Rule
8.360, and there is a substantive change.
Where appellate counsel is court-appointed, it’s no longer possible for
the court to threaten that the appeal will be dismissed if the opening brief
isn’t filed within 30 days. Instead,
the court can threaten to relieve appointed counsel and appoint new counsel.
(Rule
8.360(c)(5)(A)(ii).) If
appellate counsel is retained, or if it’s a People’s appeal, the sanction
for failing to file an opening brief within 30 days of the notice remains
dismissal of the appeal. (Rule
8.360(c)(5)(A)(i), (iii).)
There’s been one addition to the types of material that can be attached to a petition for review: “Copies of relevant local, state, or federal regulations or rules, out-of-state statutes, or other similar citable materials that are not readily accessible.” (Rule 8.504(e)(1)(C).) Those materials, plus any exhibits or orders that counsel chooses to attach, still are subject to a 10-page limit. (Rule 8.504(e)(2).[2]
The list of grounds for Supreme Court review, which used to be in Rule
28(b), now is in Rule
8.500(b). The rule on petitions
for review to exhaust state remedies, which was Rule 33.3, now is Rule
8.508.
Juvenile appeals and writs now are covered by Chapter 5 of the appellate rules, starting with Rule 8.400. I haven’t attempted to find the changes in those rules, but there are some, according to a memorandum and a chart published by ADI on its Web site <http://www.adi-sandiego.com/news_alerts.html>.
There also are some changes to the rules in capital appeals, which now
start with Rule
8.600.
What used to be called a Rule 35(e) letter, then for the last few years a Rule 32.1(b) letter, now is a Rule 8.340(b) letter. (Rule 8.340(b)(1).)[3] Rule 8.340(c) covers augmentation by way of a cross-reference to the civil appellate rule on augmentation, which used to be Rule 12 but now is Rule 8.155.
The rules on habeas corpus appeals and writs now begin with Rule 8.380.
The general rule on the contents and form of briefs, which used to be
Rule 14, now is Rule
8.204. That’s a civil rule,
but a number of the criminal rules refer to it.
There are a few changes. There’s
an entirely new rule covering mental competency proceedings.
(Rule
4.130.) There are new rules on
sentencing for both felony hate crimes (Rule
4.427) and misdemeanor hate crimes (Rule
4.330). And there’s a new
circumstance in aggravation where an offense constitutes a hate crime (Rule
4.421(a)(12)).
The “Local Rules” link on the Judicial Council's Court Rules page doesn’t lead to local rules of the courts of appeal, just to a page with links to superior court rules. If you want local rules of the Court of Appeal, you have to first go to the main Court of Appeal page, then click on the specific district you want, then click on “Local Rules.” So there are six different Web pages for local rules of the courts of appeal.
DCA1: <http://www.courtinfo.ca.gov/courts/courtsofappeal/1stDistrict/localrules.htm>
DCA2: <http://www.courtinfo.ca.gov/courts/courtsofappeal/2ndDistrict/localrules.htm>
DCA3: <http://www.courtinfo.ca.gov/courts/courtsofappeal/3rdDistrict/localrules.htm>
DCA4: <http://www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrict/localrules.htm>
DCA5: <http://www.courtinfo.ca.gov/courts/courtsofappeal/5thDistrict/localrules.htm>
DCA6: <http://www.courtinfo.ca.gov/courts/courtsofappeal/6thDistrict/localrules.htm>
* * *
[1] Except as noted, all rule references are to the California Rules of Court.
[2] It seems to me the Judicial Council made a mistake in Rule 8.504(e)(2) when it stated: "The attachments under (1)(A)-(C) must not exceed a combined total of 10 pages." Subdivision (e)(1)(A) covers "[a]n opinion or order from which the party seeks relief." Many Court of Appeal opinions are, of course, longer than 10 pages. The opinion from which the party seeks relief is required by Rule 8.504(b)(4) to be attached to the petition for review. Thus, in many cases, it will be impossible to comply with Rule 8.504(b)(4) without violating the 10-page limit set forth in Rule 8.504(e)(2). What the Judicial Council probably meant to say was that a 10-page limit applies to attachments under (1)(B)-(C), not (1)(A)-(C).
[3]
“If, after the
record is certified, the superior court clerk or the reporter learns that
the record omits a document or transcript that any rule or order requires to
be included, the clerk must promptly copy and certify the document or the
reporter must promptly prepare and certify the transcript. Without the need
for a court order, the clerk must promptly send the document or
transcript-as an augmentation of the record-to all those who are listed
under (a)(1).” (Rule
8.340(b)(1).)
Martin Kassman / marty@kassman.com
© Martin Kassman 2007