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Chapter 8 (Rules 8.1 to 8.6): the Presiding Judge of the Appellate Department to supervise the business of the department, all motions, including ex parte applications for orders, presented to the Presiding Judge, final rulings on the merits of limited jurisdiction civil and criminal appeals decided by a majority of a three-judge panel, and appeals of traffic infraction cases heard by one judge under Code of Civil Procedure §77(h) (8.1); appeal papers filed with the clerk, briefing and hearing dates set by the court (8.2); in civil appeals, the appellant's designation of the clerk's transcript within ten (10) days after filing the notice of appeal, the respondent's additional designation within ten (10) days of service, a $100.00 deposit at filing, and the estimated costs in excess of the deposit paid within 10 days of the estimate or the appeal placed in default (8.3); in infraction and misdemeanor appeals, the original trial court file used instead of a clerk's transcript and the official electronic recording as the record of oral proceedings, the parties deemed to have stipulated to the recording as the settled statement unless the respondent files an objection within ten (10) days, a transcript of the recording under Rule 8.917 at the appellant's cost (8.4); an original and three copies of each brief filed with the clerk, briefs not to be bound, a request for an extension of time filed with the Presiding Judge of the Appellate Department with a separate declaration of good cause and a proposed order, and a failure to file a timely opening brief may result in dismissal of the appeal (8.5); prerogative writs served under Code of Civil Procedure §§ 1107 and 1088.5 in the manner of a summons, the hearing set by noticed motion or rarely by order to show cause, alternative writs only on service of the application at least five (5) days before the ex parte hearing, administrative mandate evidence confined to the administrative record, and the parties to state their position on the scope of review (8.6).
California > Third Appellate District > Calaveras County > Superior Court of California, County of Calaveras
CHAPTER 8 – APPELLATE RULES 8.1 Appellate Department Management (Eff. 7/1/98; As amended, eff. 7/1/09.) The Presiding Judge of the Appellate Department of the Superior Court shall supervise the business of the department. All motions, including ex parte applications for orders, shall be presented to the Presiding Judge of the Appellate Division. The Presiding Judge may act on routine matters or may schedule a motion or other matter for hearing before the panel at his or her discretion. All final rulings on the merits of limited jurisdiction civil and criminal appeals are decided by a majority of a three-judge panel of the Appellate Department of the Superior Court, except that appeals of traffic infraction cases are heard by one judge of the Appellate Department pursuant to Code of Civil Procedure §77(h). 8.2 Filing of Appeal, Briefing and Hearing Dates (Eff. 7/1/98.) Appeal papers shall be filed with the clerk. Briefing and hearing dates will be set by the court. Each party shall ensure that complete documentation is submitted in a timely manner. 8.3 Clerk’s Transcript on Appeal (Eff. 7/1/02; As amended, eff. 1/1/09.) (a) The record needed for appeal consists of two parts. The first is the clerk's transcript which contains the relevant documents from the court file in the case. The second part is the reporter's transcript which is the transcript of the oral testimony heard in the case. The following procedures are for the clerk’s transcript. (b) Every civil appeal requires the appellant to file a designation of what should be in the clerk's transcript on appeal. The clerk's transcript consists of those documents filed or lodged with the clerk of the trial court designated by the parties to be included in the record on appeal. Appellant must file a notice of designation with the court clerk within ten (10) days after filing the notice of appeal. A proof of service of the designation on respondent(s) must be attached to appellant's notice. (c) Respondent may file a notice designating additional papers for inclusion in the clerk's transcript within ten (10) days of service of the appellant's designation. (d) Designation of the clerk's transcript shall be made under Cal. Rules of Court, Rule 8.122, 8.124 or 8.128. (e) Appellants must post a $100.00 deposit with the court clerk at the time of filing the notice of appeal. The appellate clerk will provide an estimate of the cost of preparing the clerk’s transcript which will include copies for the record, the alphabetical and chronological indexes, binding and cover, postage and certification of the record to the Court of Appeals. The estimated costs of preparation in excess of the $100.00 original deposit must be paid within 10 days of service of the estimate or the appeal will be placed in default. For those appellants electing to proceed under Rule 8.128, there is an additional charge to copy and exemplify the court’s file, and the court will retain the exemplified copy. (f) After the appellant has deposited the estimated costs, the appellate clerk begins preparation of the record. This includes numbering, indexing, copying, and binding each volume of the clerk's transcript on appeal. (g) For trial exhibits which are not in the court's possession as they were ordered returned, the appellant is responsible for obtaining and providing the exhibits directly to the Court of Appeals. 8.4 Record in Appeals to the Appellate Department (Eff. 7/1/09; As amended, eff. 1/1/20.) Preparation of Clerk’s Transcript: Pursuant to California Rules of Court, rule 8.914 for infractions and rule 8.863 for misdemeanors, the original trial court file will be used instead of a clerk’s transcript. Record of Oral Proceedings in Misdemeanors and Infractions: Parties may use an official electronic recording of the trial court proceedings as the record of the oral proceedings without being transcribed. Where the appellant elects to proceed with a record of the oral proceedings in the trial court and elects to use an official electronic recording of the proceeding under this rule, the parties will be deemed to have stipulated to the use of the official electronic recording as the settled statement unless the respondent files an objection within ten (10) days of being served with the designation of the record. The court will prepare the official electronic recording at the rate established by the court to the appellant or respondent. Where the appellant elects to use a transcript of the official electronic recording of the proceedings as the record of oral proceedings, the appellant must follow the process and pay the costs as required under Rule 8.917 of the California Rules of Court. 8.5 Briefing Procedure (Eff. 7/1/98.) (a) An original and three copies of each brief shall be filed with the clerk. Notwithstanding the California Rules of Court, briefs shall not be bound. (b) All briefs shall include appropriate points and authorities, clear identification of the issue(s) being raised and valid proof of service. Because appeals are concerned with issues of law, mere factual arguments will generally be insufficient. If applicable, a reporter’s transcript and/or a settled statement on appeal shall be submitted. (c) A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Department. Such request shall include a separate declaration providing good cause for the extension of time and a proposed order. The request shall be filed prior to the expiration of the applicable filing deadline. (d) Failure of the appellant to file a timely opening brief or to otherwise comply with applicable rules may result in dismissal of the appeal. 8.6 Prerogative Writs (Eff. 1/1/04.) (a) Service of Petition: Code of Civil Procedure §1107 requires service of the verified petition before it is filed and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest. The petition may be filed without a proof of service, but no action will be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure §§ 1107 and 1088.5 and paragraph “(e)(1)” below. (b) Manner of Service: A petition must be served in the same manner as summons and complaint. (c) Persons to be Served: Where the respondent or real party in interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission. (d) Orders to Show Cause and Motions: (1) Motions. The hearing on a petition is the trial of the case. It may be set by noticed motion in the manner generally governing motions. Absent a need to appear ex parte for a stay or other temporary order, use of the motion procedure is preferred. (2) Order to Show Cause. The hearing on a petition may be set by order to show cause but this is rarely done. (e) Alternative Writs (1) Prior Service of Application: Absent a declaration showing good cause or written waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex parte hearing. (2) Briefing Schedule and Hearing Date: Issuance of the alternative writ places the matter on the Court's calendar for hearing; it does not, in and of itself, accomplish a stay or afford any affirmative relief. If issued, the alternative writ must be served in the same manner as a summons in a civil action unless the court orders otherwise. [See, Code Civ. Proc., § 1073.] A briefing schedule will be set by the Court at the time the alternative writ is issued. (3) Pleadings: The rules of practice governing civil actions are generally applicable. The respondent may file a demurrer, motion to strike or answer, or otherwise appear. A writ of mandate cannot, however, be granted by default; the case must be heard by the Court whether the adverse party appears or not. [Code Civ. Proc., § 1088.] (4) Evidence: In administrative mandate proceedings (Code Civ. Proc., § 1094.5) the evidence before the court is confined to the administrative record, unless the exception in subdivision (e) of §1094.5 applies and a declaration establishes the application of the exception. In other kinds of writ proceedings, evidence is presented by way of declarations, deposition testimony, etc., and not by oral testimony unless the court, in its discretion, permits it. Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete. (5) Scope of Review: The scope of the court's review (i.e., "substantial evidence" vs. "independent judgment") depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition of the issuance of the writ.
CHAPTER 8 – APPELLATE RULES 8.1 Appellate Department Management (Eff. 7/1/98; As amended, eff. 7/1/09.) The Presiding Judge of the Appellate Department of the Superior Court shall supervise the business of the department. All motions, including ex parte applications for orders, shall be presented to the Presiding Judge of the Appellate Division. The Presiding Judge may act on routine matters or ma
Reviewer note: Composed 2026-10-12 (California T4 Calaveras build 2026-10-12) from BenchPath custody ca/t4/ca-calaveras/docs/local-rules/calaveras-superior-court-local-rules-eff-7-1-26-3.pdf (the court's rule book, its cover “CALAVERAS COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE: JULY 1, 2026”, as fetched 2026-10-12; 7185805 bytes, sha256 1518beed5362aa96ee849265fde2622770c66708d65a49504c2dc694dcee9e65; 113 pages; this part PDF pages 60 to 63, printed pages 54 to 57) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 65, printed 1 to 58 with an unnumbered last page) composed as one text, from Chapter 1's heading to Rule 10.3, and cut at the ten chapter headings and at Chapter 5's sub-heading “JUVENILE RULES”, each matched once as a whole line (every chapter opens a page); each rule page's running header (“Calaveras Superior Court”) and its page number (“N | P a g e”, its letters spaced) removed as chrome (117 lines; the last rule page prints neither); lines reflowed into the rules' paragraphs, each rule's number set with its title and its history as one line (“2.1 Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 7/1/19.)”), each lettered or numbered subdivision starting a line, and each footnote on a line of its own; no table on the rule pages; the strike report (review/strike-report-2026-10-12.txt) finds three struck runs, each a single space (PDF pages 17, 84 and 85 - no word joined), and stray strokes striking nothing on two appendix form pages (87 and 88); the five soft hyphens (U+00AD) of the text layer, each at a printed line end and printed as a hyphen (review/render/soft-hyphens-2026-10-12.png), read as hyphens (the composer's glyph map, applied to the text and the layer alike); 8 whitespace-only fixes (build/book-fixes.json: Rule 1.6's heading set apart from its first sentence, which the reflow ran onto it; two false breaks rejoined, in Rule 2.5(a) before ““CONFIDENTIAL”” and in Rule 3.7 inside “Case Management Calendar”; the reflow's space after each soft hyphen removed - “(MC-500)” in Rule 2.14(f), “routine ex-parte” in Rule 3.1(a), “(Form RA-010)” in Rule 5.16(b) and the two addresses of Rules 5.16(g) and 6.1); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one short line, three bold headings and one false break kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the blank page 2, the table of contents (PDF pages 3 to 6), the reserved Chapter 9's heading (PDF page 64), the appendix of local forms (PDF pages 66 to 109) and the index (PDF pages 110 to 112; page 113 carries only the running header) belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.