FIFTH APPELLATE DISTRICT
(As amended effective August 25, 2003; adopted, effective July 1, 1981; and previously amended February 25, 1983, February 8, 1985, October 2, 1992, November 15, 1993, June 25, 1999, and January 1, 2007.)
Rule 1. Augmentation of Record and Correction of Omissions from Record
(a) [Material inadvertently omitted] Counsel should not file a motion to augment the record when items have been omitted from the normal (criminal) record on appeal. In those cases counsel should immediately notify the clerk of the superior court, who shall forthwith comply with rule 8.155 (b) of the California Rules of Court.
(b) [When to file motion to augment] Appellant should file requests for augmentation in one motion within 40 days of the filing of the record. Respondent should file requests for augmentation in one motion made within 30 days of the filing of appellant's opening brief. Thereafter, motions to augment will not be granted except upon a showing of good cause for the delay.
(c) [Clerk's transcript] A motion to augment or correct the clerk's transcript shall be accompanied either by certified copies of the documents requested, or, if the documents are not provided, the motion must identify them with specificity and contain an explanation for their omission.
(d) [Reporter's transcript] A motion to augment the reporter's transcript shall identify the portion of the record with specificity, including the reporter's name and the date of the hearing. The motion shall establish with some certainty how the requested materials may be useful on appeal.
(e) [Extension of time] The time to perform any act required or permitted by the California Rules of Court will not be automatically extended in civil cases by the filing of or ruling on a motion to augment. If additional time is needed, counsel may request an extension of time in the motion to augment.
(f) [Good faith required] A motion to augment shall be made in good faith and shall not be made for the purpose of delay.
(Formerly Rule 2, adopted, eff. Nov. 15, 1993. Renumbered Rule 1, eff. Aug. 25, 2003.)
Rule 2. Settlement Conferences in Civil Appeals
(a) [Application of rule] This rule shall apply to all appeals in civil cases except to appeals from proceedings under sections 300, 601, and 602 of the Welfare and Institutions Code and sections 7802, 7807, 7808, 7820 to 7829, 7890, 7892 of the Family Code and appeals from original proceedings ancillary to a criminal prosecution.
(b) [Notice of availability of conference] upon filing of the record on appeal, the clerk of this court shall send a copy of this rule and notice of the availability of a settlement conference to counsel for all parties to the appeal.
(c) [Request for a settlement conference] Upon written request by counsel for all parties, a settlement conference will be scheduled, and written notice of the date and time of the conference will be give by the court. A copy of any request shall be sent to all other parties.
Upon request of any party or upon its own motion, the court may invite parties to the action who are not parties to the appeal if it appears to the court their presence may facilitate settlement of the case.
(d) [Settlement conference statement] Not later than ten days before the date set for the settlement conference, each party shall serve upon all other parties to the appeal and shall lodge with the clerk of this court a settlement conference statement. The statement shall contain the following:
(1) Case title and number
(2) Identification of trial court
(3) Date of judgment or order appealed from
(4) Name of judge or judges who made the disposition or dispositions from which appeal is taken
(5) Date notice of appeal filed
(6) Name, address and telephone number of counsel for all parties to the appeal
(7) A brief description of the trial court disposition from which the appeal is taken
(8) A concise statement of the case, including a brief procedural history and all facts material to consideration of the issues presented by the appeal
(9) The issues to be raised in the brief on the appeal or cross-appeal
(e) [Postponement of briefing] upon the setting of a settlement conference, further briefing shall be suspended until the settlement conference judge determines that the settlement conference proceedings should be terminated and notice is given that briefing time shall commence.
(f) [Court-ordered conference] In cases where the parties have not requested a settlement conference, the court may, before or after the record on appeal is filed, order the parties to attend a conference at a specified date and time. Such an order will suspend further briefing in the appeal.
(g) [The settlement conference and sanctions] A justice of the court will preside over every settlement conference. The justice presiding over the conference may in his or her discretion continue it from time to time to allow further opportunity for negotiation and agreement.
Counsel for every party to the appeal must attend a scheduled settlement conference. Failure to attend may result in the imposition of sanctions against any party, including dismissal of an appeal or cross-appeal.
Counsel are required to bring their client to the settlement conference except where hardship or other unusual circumstance makes it impossible or impractical to do so. In the rare case where it is impossible to have the client present, with permission of the court, the client shall be available for consultation by telephone.
Counsel shall confer with their clients in advance and be thoroughly familiar with the case and prepared to present their contentions in detail. Where complete settlement cannot be reached, partial settlement will be sought.
(h) [Disqualification of settlement conference justice] any justice who participates in a settlement conference shall not thereafter participate in any way in the consideration or disposition of the appeal on its merits.
(Formerly Rule 2 adopted, eff. Jan. 28, 1982. As amended, eff. Feb. 25, 1983; Oct. 2, 1992. Renumbered Rule 4 and amended, eff. Nov. 15, 1993. As amended, eff. June 25, 1999. Renumbered Rule 2 and amended, eff. Aug. 25, 2003.)
Rule 3. Writ Petitions, Supporting Records and Stay Requests
All petitions for extraordinary writs, other than habeas corpus, shall be accompanied by a properly completed face sheet, the Appellate Court Writ Petition Information Sheet. This form is available from the clerk of the court.
A petition for an extraordinary writ that seeks review of a trial court ruling shall be accompanied by the following:
(1) a copy of the order or judgment from which relief is sought;
(2) copies of all documents submitted to the trial court supporting and opposing petitioner's position;
(3) a transcript of the proceedings leading to the order or judgment below, or if a transcript is unnecessary or unavailable, a declaration by counsel (i) explaining why a transcript is unnecessary or unavailable and (ii) fairly summarizing the proceedings, including arguments by counsel and the basis of the trial court's decision, if stated.
A petitioner who requests an immediate stay shall explain in the petition the reasons for the urgency and set forth all relevant time constraints.
If a petitioner does not submit the required record and explanations or does not present facts sufficient to excuse the failure to submit them, the court may summarily deny the stay request.
(Formerly Rule 5, adopted eff. Nov. 15, 1993. Renumbered Rule 3, eff. Aug. 25, 2003.)
Rule 4. The Teleconference Oral Argument Option
The court has a teleconference system that enables attorneys to stay in their office until such time as contacted by the court for oral argument before the court.
Teleconference Procedures
1. Counsel who have requested oral argument will have returned to the court a questionnaire designating the attorney arguing the case and the time requested. If counsel has not specifically designated on the questionnaire a request for personal appearance, the attorney shall be deemed to have consented to teleconference oral argument.
2. The questionnaire requests a current California telephone number for counsel, which the court utilizes unless otherwise notified by counsel. The courtroom clerk will telephone each counsel's office in the sequence the cases are called on the calendar. Counsel are expected to be at the telephone number previously given to the court during the time oral argument has been scheduled and until such time as it has been completed.
Failure to be available to receive the telephone call will be treated in the same manner as a failure to personally appear for scheduled oral argument. Counsel is responsible for notifying the court if the designated telephone number is changed.
3. At the conclusion of the teleconference oral argument, the matter is submitted or the court will issue further directives as necessary.
4. Retained counsel participating in a teleconference call shall receive a nominal billing from the court following oral argument to cover the cost of the teleconference call and the administrative time involved.
5. Any deviation by appointed or retained counsel from these procedures shall not be permitted except by express prior approval of the court.
(Formerly Rule 6, adopted, eff. Nov. 15, 1993. Renumbered Rule 4, eff. Aug. 25, 2003.)
Rule 5. Renumbered Rule 3, Eff. Aug. 25, 2003
Rule 6. Renumbered Rule 4, Eff. Aug. 25, 2003
Rule 5. Stipulation for Use of Original Superior Court File
The California Rules of Court authorize the use of the original superior court file in lieu of the clerk's transcript on appeal in those cases where the parties so stipulate. The procedure therein is approved for use by the superior courts within this district in all civil cases in which the trial court retains no continuing jurisdiction. The stipulation shall be in substantially the form of the following: Stipulation for Use of Original Superior Court File in Lieu of Clerk's Transcript.
(Adopted, eff. October 6, 2006.)
LOCAL COURT FORM
Appellate Court Writ Petition Information Sheet
By order dated November 23, 1982, all petitions for extraordinary writs, other than habeas corpus, shall be accompanied by a properly completed face sheet, the Appellate Court Writ Petition Information Sheet. This form is available from the clerk of the court, and also is available on the court Web site.
(As amended, eff. Aug. 25, 2003.)
