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2022 California Rules of Court

Rule 8.500. Petition for review

(a) Correct to file a petition, respond, or reply

(one)  A political party may file a petition in the Supreme Court for review of whatsoever conclusion of the Court of Entreatment, including whatever interlocutory order, except the denial of a transfer of a case inside the appellate jurisdiction of the superior court.

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

(3)  The petitioner may file a answer to the answer.

(Subd (a) amended effective January 1, 2004.)

(b) Grounds for review

The Supreme Court may order review of a Court of Appeal decision:

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

(two)  When the Courtroom of Appeal lacked jurisdiction;

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

(iv)  For the purpose of transferring the matter to the Courtroom of Appeal for such proceedings equally the Supreme Courtroom may guild.

(Subd (b) amended effective January ane, 2007.)

(c) Limits of review

(i)  As a policy affair, on petition for review the Supreme Courtroom normally will not consider an issue that the petitioner failed to timely heighten in the Courtroom of Appeal.

(2)  A political party may petition for review without petitioning for rehearing in the Court of Entreatment, merely as a policy affair the Supreme Court unremarkably will take the Court of Appeal opinion's statement of the problems and facts unless the party has called the Court of Appeal's attention to whatever alleged omission or misstatement of an issue or fact in a petition for rehearing.

(d) Petitions in nonconsolidated proceedings

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

(e) Time to serve and file

(one)  A petition for review must be served and filed within 10 days afterward the Courtroom of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.

(two)  The fourth dimension to file a petition for review may not be extended, but the Chief Justice may relieve a party from a failure to file a timely petition for review if the time for the court to social club review on its own motion has non expired.

(three)  If a petition for review is presented for filing before the Courtroom of Appeal decision is final in that courtroom, the clerk/executive officer of the Supreme Court must accept information technology and file it on the day after finality.

(4)  Whatsoever answer to the petition must be served and filed within 20 days after the petition is filed.

(5)  Any reply to the respond must be served and filed within 10 days after the answer is filed.

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

(f) Boosted requirements

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

(two)  A re-create of each brief must exist served on a public officer or agency when required past statute or by rule 8.29.

(iii)  The clerk/executive officer of the Supreme Court must file the petition even if its proof of service is defective, just if the petitioner fails to file a corrected proof of service within 5 days afterward the clerk gives observe of the defect the courtroom may strike the petition or impose a bottom sanction.

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

(one thousand) Amicus curiae messages

(i)  Whatever 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 alphabetic character must describe the interest of the amicus curiae. Whatsoever matter fastened to the alphabetic character or incorporated by reference must comply with rule eight.504(e).

(iii)  Receipt of the letter does not constitute exit to file an amicus curiae brief on the merits nether rule viii.520(f).

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

Rule 8.500 amended constructive Jan one, 2020; repealed and adopted equally dominion 28 constructive January i, 2003; previously amended effective January ane, 2004, July 1, 2004, January 1, 2009, and Jan 1, 2018; previously amended and renumbered constructive 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 answer is the first certificate filed in the proceeding in the Supreme Court by that party. See dominion 8.25(c).

Subdivision (a)(one) makes information technology clear that any interlocutory order of the Courtroom of Appeal-such every bit an order denying an application to appoint counsel, to augment the record, or to allow oral argument-is a "conclusion" that may be challenged past petition for review.

Subdivision (due east). Subdivision (eastward)(1) provides that a petition for review must be served and filed within 10 days after the Court of Appeal conclusion is final in that court. Finality in the Courtroom of Appeal is generally governed by rules 8.264(b) (civil appeals), viii.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and viii.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the general rule that a Court of Appeal decision is final in that court 30 days after filing. They so carve out specific exceptions-decisions that they declare to be final immediately on filing (run into rules viii.264(b)(2), 8.366(b)(two), and eight.490(b)(1)). The plain implication is that all other Court of Appeal orders-specifically, interlocutory orders that may be the subject of a petition for review-are not final on filing. This implication is confirmed by current practice, in which parties may be allowed to apply for-and the Courts of Appeal may grant-reconsideration of such interlocutory orders; reconsideration, of course, would exist impermissible if the orders were in fact final on filing.

Contrary to paragraph (2) of subdivision (e), paragraphs (four) and (5) do non prohibit extending the time to file an reply or reply; because 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 reply or answer under rule 8.l.

Encounter dominion 8.25(b)(5) for provisions apropos the timeliness of documents mailed by 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 (only not an answer or respond) exist served on the clerk/executive officeholder of the Courtroom of Appeal. To assistance litigants, (f)(1) also states explicitly what is impliedly required by dominion 8.212(c), i.e., that the petition must also be served on the superior courtroom clerk (for delivery to the trial judge).

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