Cal. Rules of Court, rule 8.411 · Article 2. Appeals
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. The abandonment must be authorized by the appellant and signed by either the appellant or the appellant's attorney of record. In a Welfare and Institutions Code section 300 proceeding in which the child is the appellant, the abandonment must be authorized by the child or, if the child is not capable of giving authorization, by the child's CAPTA guardian ad litem.
(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) If the abandonment is filed in the superior court, the clerk must immediately send a notification of the abandonment to:
(A) Every other party;
(B) The reviewing court; and
(C) The reporter if the appeal is abandoned before the reporter has filed the transcript.
(2) If the abandonment is filed in the reviewing court and the reviewing court orders the appeal dismissed, the clerk must immediately send a notification of the order of dismissal to every party.
Notes and commentary — not rule text
History
(Subd (c) amended effective January 1, 2016.)
Rule 8.411 amended effective January 1, 2016; adopted effective July 1, 2010.
Advisory Committee Comment
The Supreme Court has held that appellate counsel for an appealing minor has the power to move to dismiss a dependency appeal based on counsel's assessment of the child's best interests, but that the motion to dismiss requires the authorization of the child or, if the child is incapable of giving authorization, the authorization of the child's CAPTA guardian ad litem (In re Josiah Z. (2005) 36 Cal.4th 664).
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_411
- Text hash
- sha256 a5fa5e665778e662c40d3cc93ff332babc4496a6daa90b26368db7156fe1aa95
- 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
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Welfare and Institutions Code
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.