Cal. Rules of Court, rule 8.57 · Article 4. Applications and Motions; Extending and Shortening Time
Motions before the record is filed
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Motion to dismiss appeal
A motion to dismiss an appeal before the record is filed in the reviewing court must be accompanied by a certificate of the superior court clerk, a declaration, or both, stating:
(1) The nature of the action and the relief sought by the complaint and any cross-complaint or complaint in intervention;
(2) The names, addresses, and telephone numbers of all attorneys of record-stating whom each represents-and unrepresented parties;
(3) A description of the judgment or order appealed from, its entry date, and the service date of any written notice of its entry;
(4) The factual basis of any extension of the time to appeal under rule 8.108;
(5) The filing dates of all notices of appeal and the courts in which they were filed;
(6) The filing date of any document necessary to procure the record on appeal; and
(7) The status of the record preparation process, including any order extending time to prepare the record.
(b) Other motions
Any other motion filed before the record is filed in the reviewing court must be accompanied by a declaration or other evidence necessary to advise the court of the facts relevant to the relief requested.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007.)
Rule 8.57 amended and renumbered effective January 1, 2007; repealed and adopted as rule 42 effective January 1, 2005.
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_57
- Text hash
- sha256 f697ecfeb9671c34b1cf7d1f39ed35cef4470852317eddec9ffb2d2e4040cd85
- 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.