ICWA Guide Online | Resources by State | California | Court Rules
Cal.Rules of Court, Rule 8.416
Formerly cited as CA ST A Rule 37.4
California Rules of Court (Refs & Annos)
Title 8. Appellate Rules (Refs & Annos)
Division 1. Rules Relating to the Supreme Court and Courts of Appeal (Refs & Annos)
Chapter 5. Juvenile Appeals and Writs (Refs & Annos)
Article 2. Appeals (Refs & Annos)
Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule
(1) This rule governs:
(A) Appeals from judgments or appealable orders of all superior courts terminating parental rights under Welfare and Institutions Code section 366.26 or freeing a child from parental custody and control under Family Code section 7800 et seq.; and
(B) Appeals from judgments or appealable orders in all juvenile dependency cases of:
(i) The Superior Courts of Orange, Imperial, and San Diego Counties; and
(ii) Other superior courts when the superior court and the District Court of Appeal with jurisdiction to hear appeals from that superior court have agreed and have adopted local rules providing that this rule will govern appeals from that superior court.
(2) In all respects not provided for in this rule, rules 8.403-8.412 apply.
(b) Cover of record
(1) In appeals under (a)(1)(A), the cover of the record must prominently display the title “Appeal From [Judgment or Order] Terminating Parental Rights Under [Welfare and Institutions Code Section 366.26 or Family Code Section 7800 et seq.],” whichever is appropriate.
(2) In appeals under (a)(1)(B), the cover of the record must prominently display the title “Appeal From [Judgment or Order] Under [Welfare and Institutions Code Section 300 et seq. or Family Code Section 7800 et seq.],” whichever is appropriate.
(c) Preparing, certifying, and sending the record
(1) The record must be prepared and certified as provided in rule 8.409(b).
(2) When the clerk's and reporter's transcripts are certified as correct, the clerk must immediately send:
(A) The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original; and
(B) One copy of each transcript to the attorneys of record for the appellant, the respondent, and the child, and to the district appellate project, by any method as fast as United States Postal Service express mail.
(3) If appellate counsel has not yet been retained or appointed when the transcripts are certified as correct, the clerk must send that counsel's copies of the transcripts to the district appellate project.
(d) Augmenting or correcting the record
(1) Except as provided in (2) and (3), rule 8.410 governs any augmentation or correction of the record.
(2) An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record. A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.
(3) The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.
(4) The clerk must certify and send any supplemental transcripts as required by (c).
(e) Time to file briefs
(1) To permit determination of the appeal within 250 days after the notice of appeal is filed, the appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.
(2) Rule 8.412(b) governs the time for filing other briefs.
(f) Extensions of time
The superior court may not order any extensions of time to prepare the record or to file briefs; the reviewing court may order extensions of time, but must require an exceptional showing of good cause.
(g) Failure to file a brief
Rule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.
(h) Oral argument and submission of the cause
(1) Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver.
(2) The court must hear oral argument within 60 days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.
(3) If counsel waive argument, the cause is deemed submitted no later than 60 days after the appellant's reply brief is filed or due to be filed.
(Formerly Rule 37.4, adopted, eff. Jan. 1, 2005. Renumbered Rule 8.416 and amended, eff. Jan. 1, 2007. As amended, eff. July 1, 2010.)
Current with amendments received through July 1, 2011.
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