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Appellate Department rules of Division I (Rules 1.0 to 1.10; former Rules 1.1 to 1.4 repealed): general provisions (the four judges the Chairperson of the Judicial Council assigns to the Appellate Division; regular sessions on the second Friday of each month at 2:00 p.m. in Courtroom 2M at the Hall of Justice and Records in Redwood City) (Rule 1.0); the notice of appeal (Rule 1.1); stay orders (Rule 1.2); appointed counsel in misdemeanor appeals (Rule 1.3); the record on appeal (Rule 1.4); briefs (Rule 1.5); oral argument (Rule 1.6); the decision, within ninety days after submission (Rule 1.7); applications and motions (Rule 1.8); extensions and relief from default (Rule 1.9); and writs in limited civil, misdemeanor and infraction cases (Rule 1.10).
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CALIFORNIA RULES OF COURT AS SUPPLEMENTED HEREIN, GOVERN ALL LOCAL PROCEDURES DIVISION I RULES ON APPEAL TO THE APPELLATE DEPARTMENT CHAPTER I. APPELLATE DEPARTMENT RULES Former Rule 1.1 Sessions REPEALED (See new Rule 1.0(b) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009) Former Rule 1.2 Briefs REPEALED (See new Rule 1.5) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009) Former Rule 1.3 Decisions REPEALED (See new Rule 1.7) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009) Former Rule 1.4 Rehearing and Finality of Judgments REPEALED (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009) 1.0 GENERAL PROVISIONS (a) Appellate Division. The Chairperson of the Judicial Council assigns four judges to the Appellate Division, and one of the four judges shall be designated as Presiding Judge of the Appellate Division. (b) Sessions. Regular sessions of the Appellate Division shall be held on the second Friday of each month at 2:00 p.m. in Courtroom 2M at the Hall of Justice and Records in Redwood City unless otherwise ordered. The Presiding Judge of the Appellate Division may call special sessions of this Division. (c) Jurisdiction. The Appellate Division of the Superior Court has jurisdiction over all appeals arising from misdemeanor, infraction and limited civil cases in San Mateo County (except small claims appeals) and over all motions and petitions for stay in connection with such appeals. (Code Civ. Proc. (“CCP”) §77(e).) (d) A panel of three judges participates in each matter before the Appellate Division. The concurrence of at least two judges is required for a decision in any case. (CCP §§77(a), (b) and (d).) (e) The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case. (CCP §§1068(b), 1085(b) and 1103(b).) (f) Notwithstanding the above, appeals from convictions of traffic infractions are heard by one judge of the Appellate Division (CCP § 77(h)). (Adopted, eff. Jan. 1, 2009) (Amended, effective. July 1, 2009) 1.1 NOTICE OF APPEAL (a) Jurisdiction. The Appellate Division has appellate jurisdiction only over cases in which a notice of appeal was timely filed. (Cal. Rules of Court (“CRC”) rules 8.810(c) and 8.812.) (b) Where filed. The notice of appeal shall be filed in the trial court from which the appeal is being taken. Unless specified otherwise in these rules or in the California Rules of Court, all subsequent filings shall be made with the Clerk of the Appellate Division. (c) Late Filing/Motion to Dismiss. (1) Criminal cases. If a notice of appeal is filed late, the clerk will stamp it “Received (date) but not filed.” (CRC rule 8.853(d).) If a late notice of appeal is inadvertently filed, the Presiding Judge of the Appellate Division will dismiss the appeal without hearing, either on his or her own motion or on the motion of counsel. (2) Civil cases. If a notice of appeal is filed late, the Presiding Judge of the Appellate Division will dismiss the appeal without hearing, either on his or her own motion or on the motion of counsel. (CRC rule 8.822(d).) A motion to dismiss on grounds of a late-filed notice of appeal shall be filed with the Clerk of the Appellate Division. (d) Filing Fees. (1) Filing fees required by Government Code § 70621 shall be paid in the trial court. (2) For litigants who qualify, the court may waive filing fees. Filing fees, orders for fee waivers, or applications for fee waivers shall be filed in the trial court at the time of filing the notice of appeal or within fifteen (15) days thereafter. (CRC rules 8.821(b)(1), (c).) (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.2 STAY ORDERS (a) Format of Papers. All papers filed in connection with stay applications shall comply with San Mateo County Superior Court Local Rules (“LCR”), rule 1.8, and CRC rule 8.808. (b) Civil Appeals. (1) Before Filing Notice of Appeal. Applications for stay orders filed before notice of appeal shall be filed in the trial court. (CCP § 918.) (2) After Filing Notice of Appeal. (A) Filing. Petitions for writ of supersedeas shall be filed with the Clerk of the Appellate Division and shall comply with CRC rule 8.824. (B) Service. Petitions for writ of supersedeas shall be served in accordance with CRC rule 8.824 and shall be accompanied by proof of service at the time of filing. Petitions and oppositions shall be filed and served pursuant to LCR rule 1.8. (C) Decision. Petitions for writ of supersedeas are ruled upon without hearing by the Appellate Division, which may request that opposition papers be filed before ruling. In appropriate cases, the matter may be set for oral argument. (D) Showing required. 1) A stay may be granted only on a showing of exceptional circumstances. 2) Petitions in unlawful detainer actions shall meet the requirements of CCP § 1176. (E) Temporary stays. 1) Pending the Appellate Division’s ruling on a supersedeas petition, a temporary stay may be granted by the Court. 2) A request for temporary stay may be incorporated into a petition for writ of supersedeas or filed separately with notice to the respondent. (CRC rule 8.824(c).) 3) Applications for temporary stay shall be filed with the Clerk of the Appellate Division, and are ruled upon without hearing. (c) Criminal Appeals. (1) Stay of Execution. (A) An application for stay of execution shall first be made in the trial court, and, if denied, may then be made in the Appellate Division. (See Penal Code § 1467; CRC rule 8.854.) (B) Applications for stay orders shall be filed with the clerk of the Appellate Division and served on opposing counsel in accord with LCR Rule 1.8. (C) Applications for stay are ruled upon without hearing. (2) Request for Bail Reduction on Appeal. (A) An application for bail reduction shall first be made in the trial court, and, if denied, may then be made in the Appellate Division. (Penal Code § 1272; CRC rule 8.312(2).) (B) Applications for bail reduction are ruled upon without hearing. (3) Bonds on Appeal. All proceedings concerning bonds on appeal shall be brought in the trial court. (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.3 APPOINTED COUNSEL IN MISDEMEANOR APPEALS. (a) Right to Counsel. A defendant appealing a misdemeanor conviction who had appointed counsel at trial or who meets the standards for appointed counsel is entitled to appointed counsel on appeal. (CRC rule 8.851(a)(1).) (b) Applications for Appointed Counsel. (1) A party meeting the standards may apply for appointment of counsel either in the trial court or in the Appellate Division. (CRC rule 8.851(b).) (2) Applications shall be filed in accordance with LCR 1.8, except that they need not be served on other parties, and are decided without hearing. (3) Once the applicable court has approved the application for appointed counsel, the designation of specific counsel on appeal is then made by the Executive Director of the San Mateo County Bar Association’s Private Defender Program. (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.4 RECORD ON APPEAL (a) Civil Appeals. (1) Contents. The “record on appeal” includes the clerk’s transcript or agreed statement (CRC rule 8.830(a)(1)) and may include the reporter’s transcript, an agreed statement, or a settled statement on appeal (CRC rule 8.830(a)(2)). The record shall be designated by notice filed in the trial court. (CRC rule 8.831.). If the trial court proceedings were reported by a court reporter or officially electronically recorded under Government Code section 69957 and the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal: (A) The trial court judge may order that the original of an official electronic recording of the trial court proceedings, or a copy made by the court, be transmitted as the record of these oral proceedings without being transcribed. The court will pay for any copy of the official electronic recording ordered under this subdivision; or (B) The trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision. (CRC rule 8.837(d)(6).) (2) Clerk’s Transcript. Within ten days of notification by the clerk of the trial court’s appeals division of the estimate of the cost of the preparation of the clerk’s transcript, appellant shall make arrangement for payment of the required fees. (CRC rule 8.832(c)(3).) The completed, official Clerk’s Transcript will be electronically transmitted to the attorney(s) of record and/or appellant, via PDF or a link to the document. No paper copy will be produced by the court. (3) Reporter’s Transcript. Appellant shall designate and file notice in the trial court to obtain a reporter’s transcript and pay for that transcript within the time required. (CRC rules 8.834(a), (b).) (4) Augmenting or Correcting the Record on Appeal. Either party may move to augment or correct the record on appeal. (CRC rule 8.841.) Such motions shall comply with LCR rule 1.8, and may be ruled upon without hearing. (5) Burden of Providing the Record. It is the burden of the appellant to insure that the Appellate Division has an adequate record for review pursuant to CRC rules 8.834 through 8.837, except to the extent provided in rule 8.842. (b) Criminal Appeals. (1) Contents. The “record on appeal” includes the clerk’s transcript, and may include a reporter’s transcript or statement on appeal (CRC rule 8.860) and exhibits (CRC rule 8.870). If the trial court proceedings were reported by a court reporter or officially electronically recorded under Government Code section 69957 and the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal: (A) The trial court judge may order that the original of an official electronic recording of the trial court proceedings, or a copy made by the court, be transmitted as the record of these oral proceedings without being transcribed. The court will pay for any copy of the official electronic recording ordered under this subdivision; or (B) The trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision. (CRC rule 8.869(d)(6).) (2) Clerk’s Transcript. Upon filing of a Notice of Appeal, the clerk’s transcript is prepared by the trial court Clerk without written request or payment of fees by the appellant. (CRC rules 8.861 through 8.863.) The completed, official Clerk’s Transcript will be electronically transmitted to the attorney(s) of record and/or appellant, via PDF or a link to the document. No paper copy will be produced by the court. (3) Reporter’s Transcript. (A) Appellant’s responsibility. If appellant intends to present the evidentiary record by a reporter’s transcript, appellant shall note that fact in his or her notice of election filed within the time requirements specified in CRC rule 8.864(b), and shall deposit with the clerk the estimated cost for preparing the transcript as provided in CRC rule 8.866(a)(2)(C), unless payment is waived by law or by court order. The reporter shall file the original transcript with the Clerk of the Appellate Division and provide copies to appellant and respondent. (CRC rule 8.866(d).) (B) Waiver of reporter’s fees. Applications to cover the cost of reporter’s transcript shall be made in the trial court at the clerk’s office. If the application is denied, appellant may apply to the Appellate Division. The application shall comply with LCR Rule 1.8, and will be ruled upon without hearing. (4) Augmenting or Correcting the Record on Appeal. Either party may move to augment or correct the record on appeal. (CRC rule 8.873.) Such motions shall comply with LCR rule 1.8, and may be ruled upon without hearing. (5) Burden of Providing the Record. It is the burden of the appellant to insure that the Appellate Division has an adequate record for review pursuant to CRC rules 8.864 through 8.870. (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) (Amended, effective Jan. 1, 2020) (Amended, effective July 1, 2021). 1.5 BRIEFS (a) Time for Filing. (1) Briefs. After the record on appeal has been transmitted, the Appellate Division will notify the parties. The parties shall file briefs in accordance with the time periods specified in CRC rule 8.882(a). (2) Failure to File Timely Briefs. In civil appeals, failure of appellant to file an opening brief on or before the required date is a ground to dismiss the appeal. In criminal appeals, failure of appellant to file an opening brief on or before the required date is a ground to either appoint new counsel if the appellant is represented by appointed counsel or to dismiss the appeal. Failure to file a respondent’s brief on or before the required date will result in the case being submitted for decision on the record on appeal, the appellant’s opening brief, and the appellant’s oral argument. Such failure may cause the Appellate Division to accept as true the statement of facts contained in appellant’s opening brief. (CRC rule 8.882(c).). (b) Content and Format. Briefs shall comply with CRC rule 8.883, including but not limited to the requirement that lines of text other than footnotes and block quotations must be at least one- and-a-half-spaced as stated in CRC. Only one side of the paper may be used and such briefs shall be bound at the top, with cover colors that comply with CRC 8.40(b). (c) Length. (1) No brief shall exceed 6,800 words in length without prior approval of the Appellate Division. (CRC rule 8.883(b).) Tables of contents and/or authorities are excluded from this limitation, but footnotes are included. (2) Permission to file any briefs in excess of 6,800 words shall be obtained by application in accordance with LCR rule 1.8. (3) The brief must include a certificate stating the number of words in the brief as required under CRC, rule 8.883(b). (d) Service. Briefs shall be served as follows: the original on the Clerk of the Appellate Division, one copy on the trial court, and one copy on opposing counsel. Proof of service on the opposing party or their counsel, must also be filed with the Appellate Division. (See CRC rule 8.882(e)). (e) Extension of Time. Applications for extensions of time to file briefs shall be filed in the Appellate Division in accordance with LCR rule 1.8. (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) (Amended, effective January 1, 2022) (Amended, effective January 1, 2026) 1.6 ORAL ARGUMENT (a) Date and Time. (1) Date. The date for oral argument will be set after briefing is completed. The hearing date will be subject to written notice to the parties by the Clerk of the Appellate Division at least 20 days prior to the hearing date, unless the Presiding Judge shortens the notice period for good cause. (CRC rule 8.885.) (2) Time. Unless noticed otherwise by the Clerk of the Appellate Division, all criminal and civil matters are heard at 2:00 p.m. (b) Failure to Appear. A party who fails to appear at oral argument when the case is called is deemed to have waived oral argument, unless the delay or tardiness is excused by the Appellate Division. (See CRC rule 8.885(c).) (c) Continuances. Continuances will only be granted upon a showing of good cause. Continuances by stipulation are subject to the approval of the Presiding Judge of the Appellate Division. Written applications for continuance shall comply with LCR Rule 1.8, and will be ruled upon without hearing. (d) Amount of Time to Argue. Parties are entitled to time to argue of a maximum of ten minutes per side, unless they have been granted a longer argument time by prior permission. (CRC rule 8.885(d).) (e) Supplemental Briefing. Supplemental briefing will be permitted when the Appellate Division indicates it intends to decide a case upon the basis of an issue not briefed or proposed by any party. (Govt. Code § 68081.) (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.7 DECISION (a) Time for Decision. The Appellate Division shall decide a case within ninety days after submission. (Cal. Const., Article 6, §19.) (b) Opinion. The Appellate Division may file an opinion on each appeal, but is not required to do so. (CRC rule 8.887(a).) (c) Publication. An opinion is published in whole or in part in the Official Reports when a majority of the judges in the Appellate Division who participated in the opinion certifies that the opinion meets one or more of the standards set forth in CRC rule 8.1105(c), and the Court of Appeal does not order the case transferred to it for hearing and decision. (CRC rules 8.1105(b), 8.1002.) (d) Rehearing and/or Certification. (1) Any petition for rehearing shall be served and filed with proof of service as provided in CRC rule 8.889(b)(1). No answer may be filed unless the court requests one. (CRC rule 8.889(b)(2).) (2) If a rehearing is ordered, the Appellate Division may place the case on calendar for further argument or may resubmit the matter for decision without argument. (CRC rule 8.889(d).) (3) Any party may move to certify, or the Appellate Division on its own motion may certify, that transfer of a case to the Court of Appeal appears necessary to secure uniformity of decision or to settle important questions of law. (CRC rule 8.1005(a).) An application to certify shall be filed within 15 days after the judgment is pronounced or modified. (CRC rule 8.1005(b).) (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.8 APPLICATIONS AND MOTIONS (a) Routine Applications. Routine applications shall be served on opposing counsel and submitted to the Appellate Division. (CRC rules 8.810 through 8.817.) (b) Motions. Written motions in connection with all non-routine matters shall be served on all parties and shall be filed in the Appellate Division. (CRC rule 8.808.) Motions filed before the Appellate Division has received the record on appeal shall be accompanied by copies of documents previously filed sufficient to permit review. (c) Motions to Withdraw as Counsel. Motions of an attorney to withdraw as counsel of record shall comply with the requirements of CCP sections 284 and 285, and CRC rules 3.1362 and 8.814(c). (d) Ruling on Applications and Motions. Rulings on applications and motions made pursuant to this rule are made without hearing. (e) Abandonment. A civil appeal may be abandoned on written request of the appellant or stipulation of the parties filed with the Clerk of the Appellate Division. (CRC 8.8259b).) A criminal appeal may be abandoned by filing a written abandonment of appeal with the Clerk of the Appellate Division. (CRC rule 8.855(b).) (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.9 EXTENSIONS AND RELIEF FROM DEFAULT (a) Where Application For Extension Filed. Applications for extension of time to prepare the record on appeal shall be made to the trial court. (CRC rule 8.810(b).) All other applications for extension of time shall be made to the Appellate Division. (CRC rule 8.810(c).) (b) Denial or Failure To Grant By Trial Court. If an extension of time is denied or cannot be granted by the trial court, application may be made to the Appellate Division in accordance with LCR rule 1.8, and will be ruled upon without hearing. (c) Reinstatement of Appeal. Applications to grant relief from default or reinstate an appeal after dismissal shall follow the procedures set forth in sub-paragraph (b) above. (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) 1.10 WRITS (a) Assigned Departments. Petitions for writ of mandate or prohibition in limited civil, misdemeanor or infraction cases shall be heard in the Appellate Division. (CCP §1085(b), 1103(b), and 1068(b); CRC rule 8.930.) Petitions for writ of habeas corpus shall not be considered by the Appellate Division. (CRC rule 4.552(d).) Instead, habeas petitions may be filed with the Clerk of the Superior Court. (b) Content and Format. Briefs relating to a petition for writ of mandate or prohibition shall comply with CRC rules 8.931 through 8.933 and 8.883, except that only one side of the paper may be used and they must be bound at the top, with cover colors that comply with CRC 8.40(b). (c) Service. Briefs relating to a petition for writ of mandate or prohibition shall be served as follows: the original and three copies on the Clerk of the Appellate Division, one copy on the trial court, and one copy on opposing counsel. (See CRC rule 8.931(c)(3).) (Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) Div I – Appellate Division Rules
CALIFORNIA RULES OF COURT AS SUPPLEMENTED HEREIN, GOVERN ALL LOCAL PROCEDURES DIVISION I RULES ON APPEAL TO THE APPELLATE DEPARTMENT CHAPTER I. APPELLATE DEPARTMENT RULES Former Rule 1.1 Sessions REPEALED (See new Rule 1.0(b) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009) Former Rule 1.2 Briefs REPEALED (See new Rule 1.5) (Adopted, effective July 1, 1996) (Repealed, effect
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index belong to no chapter.
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.