Cal. Rules of Court, rule 8.366 · Article 3. Briefs, Hearing, and Decision

Hearing and decision in the Court of Appeal

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) General application of rules 8.252-8.272

Except as provided in this rule, rules 8.252-8.272 govern the hearing and decision in the Court of Appeal of an appeal in a criminal case.

(b) Finality

(1) Except as otherwise provided in this rule, a Court of Appeal decision in a proceeding under this chapter, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.

(2) The following Court of Appeal decisions are final in that court on filing:

(A) The denial of an application for bail or to reduce bail pending appeal; and

(B) The dismissal of an appeal on request or stipulation.

(3) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

(4) If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.

Except for (a)(1), rule 8.276 applies in criminal appeals.

Notes and commentary — not rule text

History

(Subd (a) amended and lettered effective January 1, 2009; adopted as unlettered subd effective January 1, 2004.)

(Subd (b) adopted effective January 1, 2009.)

(Subd (c) amended and lettered effective January 1, 2009; adopted as unlettered subd effective January 1, 2004.)

Rule 8.366 amended effective January 1, 2009; adopted as rule 33.1 effective January 1, 2004; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008.

Advisory Committee Comment

Subdivision (b). As used in subdivision (b)(1), "decision" includes all interlocutory orders of the Court of Appeal. (See Advisory Committee Comment to rule 8.500(a) and (e).) This provision addresses the finality of decisions in criminal appeals. See rule 8.264(b) for provisions addressing the finality of decisions in proceedings under chapter 2, relating to civil appeals, and rule 8.490 for provisions addressing the finality of proceedings under chapter 7, relating to writs of mandate, certiorari, and prohibition.

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_366
Text hash: sha256 9f70988dde248cf9129301b67649766a4f72caac5778d89f72b3541c03c96bf9
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

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