Cal. Rules of Court, rule 8.855 · Article 1. Taking Appeals in Misdemeanor Cases
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) The appellant must file the abandonment in the appellate division.
(2) If the record has not been filed in the appellate division, the filing of an abandonment effects a dismissal of the appeal and restores the trial court's jurisdiction.
(3) If the record has been filed in the appellate division, the appellate division may dismiss the appeal and direct immediate issuance of the remittitur.
(c) Clerk's duties
(1) The appellate division clerk must immediately notify the adverse party of the filing or of the order of dismissal.
(2) If the record has not been filed in the appellate division, the clerk must immediately notify the trial court.
(3) If a reporter's transcript has been requested, 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 8.855 adopted effective January 1, 2009.
Advisory Committee Comment
Abandonment of Appeal (Misdemeanor) (form CR-137) may be used to file an abandonment under this rule. This form is available at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.
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_855
- Text hash
- sha256 f4e83a75e79de1ee068cfe94ac73a93e5700ff43939b148532edf2398c60dbe4
- 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 2 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 8.855. 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.