Cal. Rules of Court, rule 8.316 · Article 1. Taking the Appeal
Abandoning the appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) How to abandon
An appellant may abandon the appeal at any time by filing an abandonment of the appeal signed by the appellant or the appellant's attorney of record.
(b) Where to file; effect of filing
(1) If the record has not been filed in the reviewing court, the appellant must file the abandonment in the superior court. The filing effects a dismissal of the appeal and restores the superior court's jurisdiction.
(2) If the record has been filed in the reviewing court, the appellant must file the abandonment in that court. The reviewing court may dismiss the appeal and direct immediate issuance of the remittitur.
(c) Clerk's duties
(1) The clerk of the court in which the appellant files the abandonment must immediately notify the adverse party of the filing or of the order of dismissal. If the defendant abandons the appeal, the clerk must notify both the district attorney and the Attorney General.
(2) If the appellant files the abandonment in the superior court, the clerk must immediately notify the reviewing court.
(3) The clerk must immediately notify the reporter if the appeal is abandoned before the reporter has filed the transcript.
Notes and commentary — not rule text
History
Rule 8.316 renumbered effective January 1, 2007; adopted as rule 30.3 effective January 1, 2004.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_316
- Text hash
- sha256 6200ecdf4b494e50bf06c6b8a870e0de8f0d1bde4ec283082867556d94278fd2
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Cited by 1 provision
Provisions in this library whose text cites Cal. Rules of Court, rule 8.316. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.