Cal. Rules of Court, rule 8.492 · Chapter 7. Writs of Mandate, Certiorari, and Prohibition in the Supreme Court and Court of Appeal
Sanctions
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Grounds for sanctions
On motion of a party or its own motion, a Court of Appeal may impose sanctions, including the award or denial of costs under rule 8.493, on a party or an attorney for:
(1) Filing a frivolous petition or filing a petition solely to cause delay; or
(2) Committing any other unreasonable violation of these rules.
(b) Notice
The court must give notice in writing if it is considering imposing sanctions.
(c) Opposition
Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.
(d) Oral argument
Unless otherwise ordered, oral argument on the issue of sanctions must be combined with any oral argument on the merits of the petition.
Notes and commentary — not rule text
History
Rule 8.492 adopted effective January 1, 2009.
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_492
- Text hash
- sha256 d1edb48f1dc348219b61049888b3eeb64718fb404143b90b4b0e5a1263bece1e
- 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.
California Rules of Court
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.