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2022 California Rules of Courtroom

Rule 8.500. Petition for review

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

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

(2)  A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review.

(three)  The petitioner may file a respond to the answer.

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

(b) Grounds for review

The Supreme Court may order review of a Courtroom of Appeal determination:

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

(two)  When the Court of Appeal lacked jurisdiction;

(iii)  When the Courtroom of Appeal decision lacked the concurrence of sufficient qualified justices; or

(four)  For the purpose of transferring the thing to the Courtroom of Appeal for such proceedings as the Supreme Court may order.

(Subd (b) amended effective January 1, 2007.)

(c) Limits of review

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

(two)  A party may petition for review without petitioning for rehearing in the Courtroom of Appeal, simply as a policy thing the Supreme Courtroom normally will accept the Court of Appeal opinion's statement of the issues and facts unless the party has called the Court of Appeal'south attending 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 Entreatment decides an appeal and denies a related petition for writ of habeas corpus without issuing an guild 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

(ane)  A petition for review must be served and filed within 10 days after the Court of Appeal decision is terminal in that courtroom. For purposes of this rule, the date of finality is not extended if information technology falls on a 24-hour interval on which the office of the clerk/executive officer is closed.

(2)  The fourth dimension to file a petition for review may not be extended, but the Master Justice may salvage a party from a failure to file a timely petition for review if the time for the courtroom to gild review on its own motion has not expired.

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

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

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

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

(f) Additional requirements

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

(2)  A copy of each cursory must exist served on a public officeholder or agency 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, simply if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives find of the defect the court may strike the petition or impose a lesser sanction.

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

(g) Amicus curiae letters

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

(2)  The letter must depict the involvement of the amicus curiae. Whatever matter fastened to the alphabetic character or incorporated by reference must comply with rule 8.504(e).

(3)  Receipt of the letter does not establish leave to file an amicus curiae cursory on the merits under rule eight.520(f).

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

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

Subdivision (a). A political party other than the petitioner who files an reply may be required to pay a filing fee under Government Lawmaking department 68927 if the answer is the get-go document filed in the proceeding in the Supreme Court past that party. Run across rule viii.25(c).

Subdivision (a)(one) makes it clear that any interlocutory club of the Courtroom of Entreatment-such as an society denying an application to engage counsel, to broaden the record, or to allow oral argument-is a "decision" that may be challenged by petition for review.

Subdivision (due east). Subdivision (e)(one) provides that a petition for review must be served and filed within 10 days after the Court of Entreatment decision is last in that courtroom. Finality in the Court of Appeal is by and large governed by rules viii.264(b) (civil appeals), viii.366(b) (criminal appeals), 8.387(b) (habeas corpus proceedings), and 8.490(b) (proceedings for writs of mandate, certiorari, and prohibition). These rules declare the full general dominion that a Courtroom of Entreatment decision is final in that court xxx days after filing. They then carve out specific exceptions-decisions that they declare to exist terminal immediately on filing (see rules 8.264(b)(2), 8.366(b)(2), and 8.490(b)(1)). The plain implication is that all other Courtroom of Appeal orders-specifically, interlocutory orders that may be the field of study of a petition for review-are non last on filing. This implication is confirmed by current do, in which parties may exist allowed to apply for-and the Courts of Appeal may grant-reconsideration of such interlocutory orders; afterthought, of grade, would exist impermissible if the orders were in fact final on filing.

Reverse to paragraph (2) of subdivision (e), paragraphs (4) and (5) do not prohibit extending the time to file an answer or reply; because the subdivision thus expressly forbids an extension of time only with respect to the petition for review, past articulate negative implication it permits an application to extend the time to file an answer or respond under dominion 8.50.

See dominion 8.25(b)(5) for provisions concerning 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)(i) requires that the petition (but not an answer or answer) be served on the clerk/executive officer of the Court of Appeal. To assist litigants, (f)(i) also states explicitly what is impliedly required by rule 8.212(c), i.e., that the petition must also exist served on the superior court clerk (for delivery to the trial judge).

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