AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 24 and 25, 2014 effective on July 1, 2014, and January 1, 2015 1 Effective July 1, 2014: Rule 3.1365. Petitions under the California Environmental Quality Act .......................... 3 Rule 3.2200. Application ................................................................................................... 3 Rule 3.1365 3.2205.

Form and format of administrative record lodged in a CEQA proceeding ........................................................................................................................... 3 Rule 3.1366 3.2206. Lodging and service ......................................................................... 3 Rule 3.1367 3.2207. Electronic format .............................................................................. 4 Rule 3.1368 3.2208. Paper format ..................................................................................... 4 Rule 3.2220.

Definitions and application .......................................................................... 5 Rule 3.2221. Time.............................................................................................................. 6 Rule 3.2222. Filing and service ......................................................................................... 6 Rule 3.2223. Petition.......................................................................................................... 8 Rule 3.2224.

Response to petition ..................................................................................... 8 Rule 3.2225. Administrative record ................................................................................... 9 Rule 3.2226. Initial case management conference ........................................................... 10 Rule 3.2227. Briefing and Hearing .................................................................................. 11 Rule 3.2228. Judgment .................................................................................................... 12 Rule 3.2229.

Notice of settlement.................................................................................... 13 Rule 3.2230. Settlement procedures and statement of issues .......................................... 13 Rule 3.2231. Postjudgment motions ................................................................................ 13 Rule 3.2235. Application ................................................................................................. 14 Rule 3.2236. Service of Petition ...................................................................................... 15 Rule 3.2237.

List of responsible parties ........................................................................... 15 Rule 5.495. Firearm relinquishment procedures .............................................................. 16 Rule 5.630. Restraining orders......................................................................................... 19 Rule 8.104. Time to appeal .............................................................................................. 20 Rule 8.497.

Review of California Environmental Quality Act cases under Public Resources Code sections 21178–21189.3 ......................................................................... 21 Rule 8.700.

Definitions and application .......................................................................... 26 Rule 8.701. Filing and service ......................................................................................... 26 Rule 8.702. Appeals ......................................................................................................... 27 Rule 8.703. Writ proceedings .......................................................................................... 32

Rule 8.705. Court of Appeal costs in leadership projects ................................................ 33 Rule 10.40. Appellate Advisory Committee .................................................................... 34 Rule 10.75. Meetings of advisory bodies......................................................................... 35 Standard 8. Additional disclosures in consumer arbitrations administered by a provider organization....................................................................................................................... 43 Effective January 1, 2015: Rule 5.522.

FaxRemote filing .......................................................................................... 45 Rule 10.474. Trial court managers, supervisors, and other personnel ............................. 48

3 Division 11. Law and Motion 1 2

Chapter 7. Petitions Under the California Environmental Quality Act 3 4

Chapter 8 7. Other Civil Petitions 5 6 Rule 3.1365. Petitions under the California Environmental Quality Act 7 8 Rules for petitions for relief brought under the California Environmental Quality Act 9 have been renumbered and moved to division 22 of these rules, beginning with rule 10 3.2200. 11 12 Rule 3.1365 adopted effective July 1, 2014. 13 14 Advisory Committee Comment 15 16 Former rule 3.1365 on the form and format of administrative record lodged in a CEQA 17 proceeding has been renumbered as rule 3.2205. 18 19 Division 22. Petitions Under the California Environmental Quality Act 20 21

Chapter 1. General Provisions 22 23 Rule 3.2200. Application 24 25 Except as otherwise provided in

chapter 2 for actions under Public Resources Code 26 sections 21168.6.6 and 21178–21189.3, the rules in this

chapter apply to all actions 27 brought under the California Environmental Quality Act (CEQA) as set forth in division 28 13 of the Public Resources Code. 29 30 Rule 3.2200 adopted effective July 1, 2014. 31 32 Rule 3.1365 3.2205. Form and format of administrative record lodged in a CEQA 33 proceeding 34 35 * * * 36 37 Rule 3.2205 renumbered effective July 1, 2014; adopted as rule 3.1365 effective January 1, 2010. 38 39 Rule 3.1366 3.2206. Lodging and service 40 41 The party preparing the administrative record must lodge it with the court and serve it on 42 each party. A record in electronic format must comply with rule 3.13672207. A record in 43

paper format must comply with rule 3.13682208. If the party preparing the administrative 1 record elects, is required by law, or is ordered to prepare an electronic version of the 2 record, (1) a court may require the party to lodge one copy of the record in paper format, 3 and (2) a party may request the record in paper format and pay the reasonable cost or 4 show good cause for a court order requiring the party preparing the administrative record 5 to serve the requesting party with one copy of the record in paper format. 6 7 Rule 3.2206 renumbered and amended effective July 1, 2014; adopted as rule 3.1366 effective 8 January 1, 2010. 9 10 Rule 3.1367 3.2207. Electronic format 11 12 (

a) Requirements 13 14 The electronic version of the administrative record lodged in the court in a 15 proceeding brought under the California Environmental Quality Act must be: 16 17

(1) In compliance with rule 3.13652205; 18 19 (2)–(5) * * * 20 21 The electronic version of the index required under rule 3.13652205(

b) may include 22 hyperlinks to the indexed documents. 23 24 (Subd (

a) amended effective July 1, 2014.) 25 26 (

b) Documents not included 27 28 Unless otherwise required by law, any document that is part of the administrative 29 record and for which it is not feasible to create an electronic version may be 30 provided in paper format only. Not feasible means that it would be reduced in size 31 or otherwise altered to such an extent that it would not be easily readable. 32 33 (Subd (

b) amended effective July 1, 2014.) 34 35 Rule 3.2207 renumbered and amended effective July 1, 2014; adopted as rule 3.1367 effective 36 January 1, 2010. 37 38 Rule 3.1368 3.2208. Paper format 39 40 * * * 41 42

Rule 3.2208 renumbered effective July 1, 2014; adopted as rule 3.1368 effective January 1, 2010; 1 previously amended effective January 1, 2014. 2 3

Chapter 2. California Environmental Quality Act Proceedings Under Public 4 Resources Code Sections 21168.6.6 and 21178–21189.3 5 6

Article 1. General Provisions 7 8 Rule 3.2220.

Definitions and application 9 10 (

a) Definitions 11 12 As used in this chapter: 13 14

(1) An “environmental leadership development project” or “leadership project” 15 means a project certified by the Governor under Public Resources Code 16 sections 21182–21184. 17 18

(2) The “Sacramento entertainment and sports center project” or “Sacramento 19 arena project” means an entertainment and sports center project as defined by 20 Public Resources Code

section 21168.6.6, for which the proponent provided 21 notice of election to proceed under that statute described in

section 22 21168.6.6(j)(1). 23 24 (

b) Proceedings governed 25 26 The rules in this

chapter govern actions or proceedings brought to attack, review, 27 set aside, void, or annul the certification of the environmental impact report or the 28 grant of any project approvals for the Sacramento arena project or a leadership 29 project. Except as otherwise provided in Public Resources Code sections 21168.6.6 30 and 21178–21189.3 and these rules, the provisions of the Public Resources Code 31 and the CEQA Guidelines adopted by the Natural Resources Agency (Cal.

Code 32 Regs., tit. 14, § 15000 et seq.) governing judicial actions or proceedings to attack, 33 review, set aside, void, or annul acts or decisions of a public agency on the grounds 34 of noncompliance with the California Environmental Quality Act and the rules of 35 court generally apply in proceedings governed by this rule. 36 37 (

c) Complex case rules 38 39 Any action or proceeding governed by these rules is exempted from the rules 40 regarding complex cases. 41 42 Rule 3.2220 adopted effective July 1, 2014. 43

1 Rule 3.2221. Time 2 3 (

a) Extensions of time 4 5 The court may order extensions of time only for good cause and in order to 6 promote the interests of justice. 7 8 (

b) Extensions of time by parties 9 10 If the parties stipulate to extend the time for performing any acts in actions 11 governed by these rules, they are deemed to have agreed that the time for resolving 12 the action may be extended beyond 270 days by the number of days by which the 13 performance of the act has been stipulated to be extended, and to that extent to have 14 waived any objection to noncompliance with the deadlines for completing review 15 stated in Public Resources Code sections 21168.6.6(c)–(

d) and 21185. Any such 16 stipulation must be approved by the court. 17 18 (

c) Sanctions for failure to comply with rules 19 20 If a party fails to comply with any time requirements provided in these rules or 21 ordered by the court, the court may issue an order to show cause as to why one of 22 the following sanctions should not be imposed: 23 24

(1) Reduction of time otherwise permitted under these rules for the performance 25 of other acts by that party; 26 27

(2) If the failure to comply is by petitioner or plaintiff, dismissal of the petition; 28 29

(3) If the failure to comply is by respondent or a real party in interest, removal of 30 the action from the expedited procedures provided under Public Resources 31 Code sections 21168.6.6(c)–(

d) and 21185 and these rules; or 32 33

(4) Any other sanction that the court finds appropriate. 34 35 Rule 3.2221 adopted effective July 1, 2014. 36 37 Rule 3.2222. Filing and service 38 39 (

a) Electronic filing 40 41

All pleadings and other documents filed in actions or proceedings governed by this 1

chapter must be filed electronically, unless the action or proceeding is in a court 2 that does not provide for electronic filing of documents. 3 4 (

b) Service 5 6 Other than the petition, which must be served personally, all documents that the 7 rules in this

chapter require be served on the parties must be served personally or 8 electronically. All parties represented by counsel are deemed to have agreed to 9 accept electronic service. All self-represented parties may agree to such service. 10 11 (

c) Service of petition in action regarding Sacramento arena project 12 13 Service of the petition or complaint in an action governed by these rules and 14 relating to a Sacramento arena project must be made according to the rules in 15

article 2. 16 17 (

d) Service of petition in action regarding leadership project 18 19 If the petition or complaint in an action governed by these rules and relating to a 20 leadership project is not personally served on any respondent public agency, any 21 real party in interest, and the Attorney General within three court days following 22 filing of the petition, the time for filing petitioner’s briefs on the merits provided in 23 rule 3.2227(

a) and rule 8.702(

e) will be decreased by one day for every additional 24 two court days in which service is not completed, unless otherwise ordered by the 25 court for good cause shown. 26 27 (

e) Exemption from extension of time 28 29 The extension of time provided in Code of Civil Procedure

section 1010.6 for 30 service completed by electronic means does not apply to any service in actions 31 governed by these rules. 32 33 Rule 3.2222 adopted effective July 1, 2014. 34 35 Advisory Committee Comment 36 37 Parties should note that, while Public Resources Code

section 21167 provides the statute of 38 limitations for filing petitions under the California Environment Quality Act, these rules provide 39 an incentive for parties to file actions governed by these rules more quickly, in the form of extra 40 briefing time for petitioners who file within 10 days of the issuance of a Notice of Determination. 41 See rule 3.2227(a). 42 43

1 Rule 3.2223. Petition 2 3 In addition to any other applicable requirements, the petition must: 4 5

(1) On the first page, directly below the case number, indicate that the matter is 6 either a “Sacramento Arena CEQA Challenge” or an “Environmental 7 Leadership CEQA Challenge”; 8 9

(2) State either: 10 11 (

A) The proponent of the project at issue provided notice to the lead agency 12 that it was proceeding under Public Resources Code

section 21168.6.6 13 and is subject to this rule; or 14 15 (

B) The project at issue was certified by the Governor as a leadership 16 project under Public Resources Code sections 21182–21184 and is 17 subject to this rule; 18 19

(3) If a leadership project, provide notice that the person or entity that applied for 20 certification of the project as a leadership project must, if the matter goes to 21 the Court of Appeal, make the payments required by Public Resources Code 22

section 21183(f); and 23 24

(4) Be verified. 25 26 Rule 3.2223 adopted effective July 1, 2014. 27 28 Rule 3.2224. Response to petition 29 30 (

a) Responsive pleadings and motions 31 32 Respondent and any real party in interest must serve and file any answer to the 33 petition; any motion challenging the sufficiency of the petition, including any 34 motion to dismiss the petition; any other response to the petition; any motion to 35 change venue; or any motion to intervene within 10 days after service of petition or 36 complaint on that party or within the time ordered by the court. Any such answer, 37 motion, or other response from the same party must be filed concurrently. 38 39 (

b) Opposition 40 41

Any opposition or other response to a motion challenging the sufficiency of the 1 petition or to change venue must be served and filed within 10 days after the 2 motion is served. 3 4 Rule 3.2224 adopted effective July 1, 2014. 5 6 Rule 3.2225. Administrative record 7 8 (

a) Lodging and service 9 10 Within 10 days after the petition is served on the lead public agency, that agency 11 must lodge the certified final administrative record in electronic form with the court 12 and serve notice on petitioner and real party in interest that the record has been 13 lodged with the court. Within that same time, the agency must serve a copy of the 14 administrative record in electronic form on any petitioner and real party in interest 15 who has not already been provided a copy. 16 17 (

b) Paper copy of record 18 19

(1) On request of the court, the lead agency shall provide the court with the 20 record in paper format. 21 22

(2) On request and payment of the reasonable cost of preparation, or on order of 23 the court for good cause shown, the lead agency shall provide a party with the 24 record in paper format. 25 26 (

c) Motions regarding the record 27 28 Unless otherwise ordered by the court: 29 30

(1) Any request to augment or otherwise change the contents of the 31 administrative record must be made by motion served and filed no later than 32 the filing of that party’s initial brief. 33 34

(2) Any opposition or other response to the motion must be served and filed 35 within 10 days after the motion is filed. 36 37

(3) Any motion regarding the record will be heard at the time of the hearing on 38 the merits of the petition unless the court orders otherwise. 39 40 Rule 3.2225 adopted effective July 1, 2014. 41 42

Rule 3.2226. Initial case management conference 1 2 (

a) Timing of conference 3 4 The court should hold an initial case management conference within 30 days of the 5 filing of the petition or complaint. 6 7 (

b) Notice 8 9 Petitioner must provide notice of the case management conference to respondent, 10 real party in interest, and any responsible agency or party to the action who has 11 been served before the case management conference, within one court day of 12 receiving notice from the court or at time of service of the petition or complaint, 13 whichever is later. 14 15 (

c) Subjects for consideration 16 17 At the conference, the court should consider the following subjects: 18 19

(1) Whether all parties named in the petition or complaint have been served; 20 21

(2) Whether a list of responsible agencies has been provided, and notice provided 22 to each; 23 24

(3) Whether all responsive pleadings have been filed, and if not, when they must 25 be filed, and whether any hearing is required to address them; 26 27

(4) Whether severance, bifurcation, or consolidation with other actions is 28 desirable, and if so, a relevant briefing schedule; 29 30

(5) Whether to appoint a liaison or lead counsel, and either a briefing

schedule 31 on this issue or the actual appointment of counsel; 32 33

(6) Whether the administrative record has been certified and served on all 34 parties, whether there are any issues with it, and whether the court wants to 35 receive a paper copy; 36 37

(7) Whether the parties anticipate any motions before the hearing on the merits 38 concerning discovery, injunctions, or other matters, and if so, a briefing 39

schedule for these motions; 40 41

(8) What issues the parties intend to raise in their briefs on the merits, and 42 whether any limitation of issues to be briefed and argued is appropriate; 43

(9) Whether a

schedule for briefs on the merits different from the

schedule 2 provided in these rules is appropriate; 3 4

(10) Whether the submission of joint briefs on the merits is appropriate, and the 5 page limitations on all briefs, whether aggregate per side or per brief; 6 7

(11) When the hearing on the merits of the petition will be held, and the amount of 8 time appropriate for it; 9 10

(12) The potential for settlement, and whether a

schedule for settlement 11 conferences or alternative dispute resolution should be set; 12 13

(13) Any stipulations between the parties; 14 15

(14) Whether a further case management conference should be set; and 16 17

(15) Any other matters that the court finds appropriate. 18 19 (

d) Joint case management conference statements 20 21 At least three court days before the case management conference, petitioner and all 22 parties that have been served with the petition must serve and file a joint case 23 management conference statement that addresses the issues identified in (

c) and 24 any other pertinent issues. 25 26 (

e) Preparation for the conference 27 28 At the conference, lead counsel for each party and each self-represented party must 29 appear by telephone or personally, must be familiar with the case, and must be 30 prepared to discuss and commit to the party’s position on the issues listed in (c). 31 32 Rule 3.2226 adopted effective July 1, 2014. 33 34 Rule 3.2227. Briefing and Hearing 35 36 (

a) Briefing

schedule 37 38 Unless otherwise ordered by the court: 39 40

(1) Within 5 days after filing its brief, each party must submit an electronic 41 version of the brief that contains hyperlinks to material cited in the brief, 42 including electronically searchable copies of the administrative record, cited 43

decisions, and any other brief in the case filed electronically by the parties. 1 Such briefs must comply with any local requirements of the reviewing court 2 relating to e-briefs. 3 4

(2) The petitioner must serve and file its brief within 25 days after the case 5 management conference, unless petitioner served and filed the petition within 6 10 days of the public agency’s issuance of its Notice of Determination, in 7 which case petitioner must file and serve its brief within 35 days after the 8 case management conference. 9 10

(3) Within 25 days after the petitioner’s brief is filed, the respondent public 11 agency must— and any real party in interest may— serve and file a 12 respondent’s brief. Respondents and real parties must file a single joint brief, 13 unless otherwise ordered by the court. 14 15

(4) Within 5 days after the respondent’s brief is filed, the parties must jointly file 16 an appendix of excerpts that contain the documents or pertinent excerpts of 17 the documents cited in the parties’ briefs. 18 19

(5) Within 10 days after the respondent’s brief is filed, the petitioner may serve 20 and file a reply brief. 21 22 (

b) Hearing 23 24

(1) The hearing should be held within 80 days of the case management 25 conference, extended by the number of days to which the parties have 26 stipulated to extend the briefing schedule. 27 28

(2) If the court has, within 90 days of the filing of the petition or complaint, set a 29 hearing date, the provision in Public Resources Code

section 21167.4 that 30 petitioner request a hearing date within 90 days is deemed to have been met, 31 and no further request is required. 32 33 Rule 3.2227 adopted effective July 1, 2014. 34 35 Rule 3.2228. Judgment 36 37 The court should issue its decision and final order, writ, or judgment within 30 days of 38 the completion of the hearing in the action. The court must include a written statement of 39 the factual and legal basis for its decision. Code of Civil Procedure

section 632 does not 40 apply to actions governed by the rules in this division. 41 42 Rule 3.2228 adopted effective July 1, 2014. 43

1 Rule 3.2229. Notice of settlement 2 3 The petitioner or plaintiff must immediately notify the court if the case is settled. 4 5 Rule 3.2229 adopted effective July 1, 2014. 6 7 Rule 3.2230. Settlement procedures and statement of issues 8 9 In cases governed by the rules in this chapter, unless otherwise ordered by the court, the 10 procedures described in Public Resources Code

section 21167.8, including the filing of a 11 statement of issues, are deemed to have been met by the parties addressing the potential 12 for settlement and narrowing of issues within the case management conference statement 13 and discussing those points as part of the case management conference. 14 15 Rule 3.2230 adopted effective July 1, 2014. 16 17 Rule 3.2231. Postjudgment motions 18 19 (

a) Exemption from statutory provisions 20 21 In any actions governed by the rules in this article, any postjudgment motion except 22 for a motion for attorney’s fees and costs is governed by this rule. Such motions are 23 exempt from the timing requirements otherwise applicable to postjudgment 24 motions under Code of Civil Procedure

section 1005. Motions in Sacramento arena 25 project cases are also exempt from the timing and procedural requirements of Code 26 of Civil Procedure sections 659 and 663. 27 28 (

b) Time for postjudgment motions 29 30

(1) Time for motions under Code of Civil Procedure

section 473 31 32 Moving party must serve and file any motion before the earlier of: 33 34 (

A) Five days after the court clerk mails to the moving party a document 35 entitled “Notice of Entry” of judgment or a file-stamped copy of the 36 judgment, showing the date either was served; or 37 38 (

B) Five days after the moving party is served by any party with a written 39 notice of judgment or a file-stamped copy of the judgment, 40 accompanied by a proof of service. 41 42

(2) Time for motions for new trial or motions to vacate judgment 1 2 Moving party in Sacramento arena project cases must serve and file motion 3 before the earlier of: 4 5 (

A) Five days after the court clerk mails to the moving party a document 6 entitled “Notice of Entry” of judgment or a file-stamped copy of the 7 judgment, showing the date either was served; or 8 9 (

B) Five days after the moving party is served by any party with a written 10 notice of judgment or a file-stamped copy of the judgment, 11 accompanied by a proof of service. 12 13 (

c) Memorandum 14 15 A memorandum in support of a postjudgment motion may be no longer than 15 16 pages. 17 18 (

d) Opposition to motion 19 20 Any opposition to the motion must be served and filed within five days of service 21 of the moving papers and may be no longer than 15 pages. 22 23 (

e) Reply 24 25 Any reply brief must be served and filed within two court days of service of the 26 opposition papers and may be no longer than 5 pages. 27 28 (

f) Hearing and decision 29 30 The court may set a hearing on the motion at its discretion. The court should issue 31 its decision on the motion within 15 days of the filing of the motion. 32 33 Rule 3.2231 adopted effective July 1, 2014. 34 35

Article 2. CEQA Challenges to Approval of Sacramento Arena Project 36 37 Rule 3.2235. Application 38 39 This

article governs any action or proceeding brought to attack, review, set aside, void, or 40 annul the certification of the environmental impact report or any project approvals for the 41 Sacramento arena project. 42 43

Rule 3.2235 adopted effective July 1, 2014. 1 2 Rule 3.2236. Service of Petition 3 4 (

a) Respondent 5 6 Unless the respondent public agency has agreed to accept service of summons 7 electronically, the petitioner or plaintiff must personally serve the petition or 8 complaint on the respondent public agency within three court days after the date of 9 filing. 10 11 (

b) Real parties in interest 12 13 The petitioner or plaintiff must serve the petition or complaint on any real party in 14 interest named in the pleading within three court days after the date of filing. 15 16 (

c) Attorney General 17 18 The petitioner or plaintiff must serve the petition or complaint on the Attorney 19 General within three court days after the date of filing 20 21 (

d) Responsible agencies 22 23 The petitioner or plaintiff must serve the petition or complaint on any responsible 24 agencies or public agencies with jurisdiction over a natural resource affected by the 25 project within two court days of receipt of a list of such agencies from respondent 26 public agency. 27 28 (

e) Proof of service 29 30 The petitioner or plaintiff must file proof of service on each respondent, real party 31 in interest, or agency within one court day of completion of service. 32 33 Rule 3.2236 adopted effective July 1, 2014. 34 35 Rule 3.2237. List of responsible parties 36 37 Respondent public agency must provide the petitioner or plaintiff, not later than three 38 court days following service of the petition or complaint on the public agency, with a list 39 of responsible agencies and any public agency having jurisdiction over a natural resource 40 affected by the project. 41 42 Rule 3.2237 adopted effective July 1, 2014. 43

Chapter 4: Protective Orders 2 3 Rule 5.495. Firearm relinquishment procedures 4 5 (

a) Application of rule 6 7 This rule applies when a family or juvenile law domestic violence protective order 8 as defined in Family Code

section 6218 or Welfare and Institutions Code

section 9 213.5 is issued or in effect. 10 11 (

b) Purpose 12 13 This rule addresses situations in which information is presented to the court about 14 firearms and provides the court with options for appropriately addressing the issue. 15 This rule is intended to: 16 17

(1) Assist courts issuing domestic violence protective orders in determining 18 whether a restrained person has a firearm in or subject to his or her 19 immediate possession or control. 20 21

(2) Assist courts that have issued domestic violence protective orders in 22 determining whether a restrained person has complied with the court’s order 23 to relinquish, store, or sell the firearm under Family Code

section 6389(c). 24 25 (

c) Firearm determination 26 27 When relevant information is presented to the court at any noticed hearing that a 28 restrained person has a firearm, the court must consider that information to 29 determine, by a preponderance of the evidence, whether the person subject to a 30 protective order as defined in Family Code

section 6218 or Welfare and Institutions 31 Code

section 213.5 has a firearm in or subject to his or her immediate possession or 32 control in violation of Family Code

section 6389. 33 34 (

d) Determination procedures 35 36

(1) In making a determination under this rule, the court may consider whether the 37 restrained person filed a firearm relinquishment, storage, or sales receipt or if 38 an exemption from the firearm prohibition was granted under Family Code 39

section 6389(h). 40 41

(2) The court may make the determination at any noticed hearing when a 42 domestic violence protective order is issued, at a subsequent review hearing, 43

or at any subsequent family or juvenile law hearing while the order remains 1 in effect. 2 3

(3) If the court makes a determination that the restrained person has a firearm in 4 violation of Family Code

section 6389, the court must make a written record 5 of the determination and provide a copy to any party who is present at the 6 hearing and, upon request, to any party not present at the hearing. 7 8 (

e) Subsequent review hearing 9 10

(1) When presented with information under (c), the court may set a review 11 hearing to determine whether a violation of Family Code

section 6389 has 12 taken place. 13 14

(2) The review hearing must be held within 10 court days after the noticed 15 hearing at which the information was presented. If the restrained person is not 16 present when the court sets the review hearing, the protected person must 17 provide notice of the review hearing to the restrained person at least 2 court 18 days before the review hearing, in accordance with Code of Civil Procedure 19 414.10, by personal service or by mail to the restrained person’s last known 20 address. 21 22

(3) The court may for good cause extend the date of the review hearing for a 23 reasonable period or remove it from the calendar. 24 25

(4) The court must order the restrained person to appear at the review hearing. 26 27

(5) The court may conduct the review hearing in the absence of the protected 28 person. 29 30

(6) Nothing in this rule prohibits the court from permitting a party to appear by 31 telephone under California Rules of Court, rule 5.9. 32 33 (

f) Child custody and visitation 34 35

(1) If the court determines that the restrained person has a firearm in violation of 36 Family Code

section 6389, the court must consider that determination when 37 deciding whether the restrained person has overcome the presumption in 38 Family Code

section 3044. 39 40

(2) An order for custody or visitation issued at any time during a family law 41 matter must be made in a manner that ensures the health, safety, and welfare 42 of the child and the safety of all family members, as specified in Family Code 43

section 3020. The court must consider whether the best interest of the child, 1 based on the circumstances of the case, requires that any visitation or custody 2 arrangement be limited to situations in which a third person, specified by the 3 court, is present, or that visitation or custody be suspended or denied, as 4 specified in Family Code

section 6323(d). 5 6

(3) An order for visitation issued at any time during a juvenile court matter must 7 not jeopardize the safety of the child, as specified in Welfare and Institutions 8 Code

section 362.1. 9 10 (

g) Other orders 11 12

(1) The court may consider a determination that the restrained person has a 13 firearm in violation of Family Code

section 6389 in issuing: 14 15 (

A) An order to show cause for contempt under

section 1209(a)(5) of the 16 Code of Civil Procedure for failure to comply with the court’s order to 17 surrender or sell a firearm; or 18 19 (

B) An order for money sanctions under

section 177.5 of the Code of Civil 20 Procedure. 21 22

(2) This rule should not be construed to limit the court’s power to issue orders it 23 is otherwise authorized or required to issue. 24 25 Rule 5.495 adopted effective July 1, 2014. 26 27 Advisory Committee Comment 28 29 When issuing a family or juvenile law domestic violence protective order as defined in Family 30 Code

section 6218 or Welfare and Institutions Code

section 213.5, ex parte or after a noticed 31 hearing, the court is required to order a restrained person “to relinquish any firearm in [that 32 person’s] immediate possession or control or subject to [that person’s] immediate possession or 33 control.” (Fam.

Code, § 6389(c)(1).) Several mandatory Judicial Council forms— Temporary 34 Restraining Order (form DV-110), Restraining Order After Hearing (form DV-130), and Notice 35 of Hearing and Temporary Restraining Order— Juvenile (form JV-250)— include mandatory 36 orders in bold type that the restrained person must sell to or store with a licensed gun dealer or 37 turn in to a law enforcement agency any guns or other firearms within his or her immediate 38 possession or control within 24 hours after service of the order and must file a receipt with the 39 court showing compliance with the order within 48 hours of receiving the order.

California law 40 requires personal service of the request for and any temporary protective order at least five days 41 before the hearing, unless the court issues an order shortening time for service. Therefore, by the 42

date of the hearing, the restrained person should have relinquished, stored, or sold his or her 1 firearms and submitted a receipt to the court. 2 3 Courts are encouraged to develop local procedures to calendar firearm relinquishment review 4 hearings for restrained persons. 5 6

Section (

f) of this rule restates existing law on the safety and welfare of children and family 7 members and recognizes the safety issues associated with the presence of prohibited firearms. 8 9 Although this rule does not require the court to compel a restrained person to testify, the court 10 may wish to advise a party of his or her privilege against self-incrimination under the Fifth 11 Amendment to the United States Constitution. The court may also consider whether to grant use 12 immunity under Family Code

section 6389(d). 13 14 Rule 5.630. Restraining orders 15 16 (a)–(f) * * * 17 18 (

g) Service of restraining order 19 20 When service of Notice of Hearing and Temporary Restraining Order— Juvenile 21 (form JV-250) or Restraining Order— Juvenile (form JV-255) is made, it must be 22 served with a blank Proof of Firearms Turned In, or Sold, or Stored (form DV- 23 800/JV-252) and How Do I Turn In, or Sell, or Store My Firearms? (form DV-800- 24 INFO/JV-252-INFO). Failure to serve form JV-252 or JV-252-INFO does not 25 make service of form JV-250 or form JV-255 invalid. 26 27 (Subd (

g) amended effective July 1, 2014; adopted effective January 1, 2012; previously 28 amended effective January 1, 2014.) 29 30 (

h) Firearm relinquishment 31 32 The firearm relinquishment procedures in rule 5.495 apply to restraining orders 33 issued under

section 213.5. 34 35 (Subd (

h) adopted effective July 1, 2014.) 36 37 (h)(i) * * * 38 39 (Subd (

i) relettered effective July 1, 2014; adopted as subd (

h) effective January 1, 2012.) 40 41

(i)(j) * * * 1 2 (Subd (

j) relettered effective July 1, 2014; adopted as subd (

i) effective January 1, 2003; 3 previously amended effective January 1, 2007, and January 1, 2012.) 4 5 (j)(k) * * * 6 7 (Subd (

k) relettered effective July 1, 2014; adopted as subd (

j) effective January 1, 2012; 8 previously amended effective January 1, 2014.) 9 10 (

k) Restraining orders issued by other courts 11 12

(1) A restraining order issued by the juvenile court under

section 213.5 takes 13 precedence over any other court order except the following: 14 15 (

A) A conflicting criminal court order; or 16 17 (

B) An Emergency Protective Order that is more restrictive than the 18 juvenile court order. 19 20 Rule 5.630 amended effective July 1, 2014; adopted as rule 1429.5 effective January 1, 2000; 21 amended and renumbered effective January 1, 2007; previously amended effective January 1, 22 2003, January 1, 2004, January 1, 2012, and January 1, 2014. 23 24 Rule 8.104. Time to appeal 25 26 (

a) Normal time 27 28

(1) Unless a statute, or rule 8.108, or rule 8.702 provides otherwise, a notice of 29 appeal must be filed on or before the earliest of: 30 31 (A)–(C) * * * 32 33 (2)–(3) * * * 34 35 (Subd (

a) amended effective July 1, 2014; previously amended effective January 1, 2007, 36 January 1, 2010, and July 1, 2012.) 37 38 (b)–(e) * * * 39 40 Rule 8.104 amended effective July 1, 2014; repealed and adopted as rule 2 effective January 1, 41 2002; previously amended and renumbered effective January 1, 2007; previously amended 42 effective January 1, 2005, January 1, 2010, January 1, 2011, July 1, 2011, and July 1, 2012. 43

Chapter 8. Miscellaneous Writs 2 3 Rule 8.497. Review of California Environmental Quality Act cases under Public 4 Resources Code sections 21178–21189.3 5 6 (

a) Application 7 8

(1) This rule governs actions or proceedings in the Court of Appeal alleging that 9 a public agency has approved or is undertaking an environmental leadership 10 development project in violation of the California Environmental Quality 11 Act. As used in this rule, an “environmental leadership development project” 12 or “leadership project” means a project certified by the Governor under 13 Public Resources Code sections 21182–21184. 14 15

(2) Except as otherwise provided in Public Resources Code sections 21178– 16 21189.3 and this rule, the provisions of the Public Resources Code and the 17 CEQA Guidelines adopted by the Natural Resources Agency (Cal. Code 18 Regs., tit. 14, § 15000 et seq.) governing judicial actions or proceedings to 19 attack, review, set aside, void, or annul acts or decisions of a public agency 20 on the grounds of noncompliance with the California Environmental Quality 21 Act apply in proceedings governed by this rule. 22 23 (

b) Service 24 25 Except as otherwise provided by law, all documents that this rule requires be 26 served on the parties must be served by personal delivery, electronic service, 27 express mail, or other means consistent with Code of Civil Procedure sections 28 1010, 1011, 1012, and 1013 and reasonably calculated to ensure delivery of the 29 document to the parties not later than the close of the business day after the 30 document is filed or lodged with the court. 31 32 (

c) Petition 33 34

(1) Service and filing 35 36 A person alleging that a public agency has approved or is undertaking a 37 leadership project in violation of the California Environmental Quality Act 38 must serve and file a petition for a writ of mandate in the Court of Appeal 39 with geographic jurisdiction over the project. 40 41

(2) Form and contents 1 2 In addition to any other applicable requirements, the petition must: 3 4 (

A) State that the project at issue was certified by the Governor as a 5 leadership project under Public Resources Code sections 21182–21184 6 and is subject to this rule; 7 8 (

B) Provide notice that the person or entity that applied for certification of 9 the project as a leadership project must make the payments required by 10 (h); 11 12 (

C) Include any other claims required to be concurrently filed by the 13 petitioner under Public Resources Code

section 21185; and 14 15 (

D) Be verified. 16 17 (

d) Administrative record 18 19

(1) Lodging and service 20 21 Within 10 days after the petition is served on the lead public agency, that 22 agency must lodge the certified final administrative record with the Court of 23 Appeal and serve on the parties a copy of the certified final administrative 24 record and notice that the record has been lodged with the court. 25 26

(2) Form and contents 27 28 (

A) Unless otherwise ordered by the Court of Appeal, the lead agency must 29 lodge with the court one copy of the record in electronic format and one 30 copy in paper format and serve on each party one copy of the record in 31 electronic format. The record in electronic format must comply with 32 rules 3.1365 and 3.1367. The record in paper format must comply with 33 rules 3.1365 and 3.1368. 34 35 (

B) A party may request the record in paper format and pay the reasonable 36 cost or show good cause for a court order requiring the lead agency to 37 serve the requesting party with one copy of the record in paper format. 38 39 (

C) The record must include all of the materials specified in Public 40 Resources Code

section 21167.6. 41 42

(3) Motions regarding the record 43

1 (

A) Any request to augment or otherwise change the contents of the 2 administrative record must be made by motion in the Court of Appeal. 3 The motion must be served and filed within 25 days after the record is 4 served. 5 6 (

B) Any opposition or other response to the motion must be served and 7 filed within 10 days after the motion is filed. 8 9 (

C) The Court of Appeal may appoint a special master to hear and decide 10 any motion regarding the record. The order appointing the special 11 master may specify the time within which the special master is required 12 to file a decision. 13 14 (

e) Notice of settlement 15 16 The petitioner must immediately notify the court if the case is settled. 17 18 (

f) Response to petition 19 20

(1) Within 25 days after service of the administrative record or within the time 21 ordered by the court, the respondent and any real party in interest must serve 22 and file any answer to the petition; any motion challenging the sufficiency of 23 the petition, including any motion to dismiss the petition; and any other 24 response to the petition. Any such answer, motion, or other response from the 25 same party must be filed concurrently. 26 27

(2) Any opposition or other response to a motion challenging the sufficiency of 28 the petition must be served and filed within 10 days after the motion is filed. 29 30 (

g) Briefs 31 32

(1) Service and filing 33 34 Unless otherwise ordered by the court: 35 36 (

A) The petitioner must serve and file its brief within 40 days after the 37 administrative record is served. 38 39 (

B) Within 30 days after the petitioner’s brief is filed, the respondent public 40 agency must— and any real party in interest may— serve and file a 41 respondent’s brief. 42 43

(

C) Within 20 days after the respondent’s brief is filed, the petitioner may 1 serve and file a reply brief. 2 3

(2) Form and contents 4 5 The briefs must comply as nearly as possible with rule 8.204. 6 7 (

h) Certificate of Interested Entities or Persons 8 9

(1) Each party other than a public agency must comply with the requirements of 10 rule 8.208 concerning serving and filing a Certificate of Interested Entities or 11 Persons. 12 13

(2) The petitioner’s certificate must be included in the petition. Other parties 14 must include their certificate in their brief, or if the party files an answer or 15 other response to the petition, a motion, an application, or an opposition to a 16 motion or application in the Court of Appeal before filing its brief, the party 17 must serve and file its certificate at the time it files the first answer, response, 18 motion, application, or opposition. The certificate must appear after the cover 19 and before any tables. 20 21

(3) If a party fails to file a certificate as required under (1) and (2), the clerk must 22 notify the party by mail that the party must file the certificate within 10 days 23 after the clerk’s notice is mailed and that failure to comply will result in one 24 of the following sanctions: 25 26 (

A) If the party is the petitioner, the court will strike the petition; or 27 28 (

B) If the party is the real party in interest, the court will strike the 29 document. 30 31

(4) If the party fails to comply with the notice under (3), the court may impose 32 the sanctions specified in the notice. 33 34 (

i) Court costs 35 36

(1) In fulfillment of the provision in Public Resources Code

section 21183 37 regarding payment of the Court of Appeal’s costs: 38 39 (

A) Within 10 days after service of the petition on the real party in interest, 40 the person who applied for certification of the project as a leadership 41 project must pay a fee of $100,000 to the Court of Appeal. 42 43

(

B) If the Court of Appeal incurs any of the following costs, the person 1 who applied for certification of the project as a leadership project must 2 also pay, within 10 days of being ordered by the court, the following 3 costs or estimated costs: 4 5 (

i) The costs of any special master appointed by the Court of Appeal 6 in the case; and 7 8 (ii) The costs of any contract personnel retained by the Court of 9 Appeal to work on the case. 10 11

(2) If the fee or costs under (1) are not timely paid, the Court of Appeal may 12 transfer the case to the superior court with geographic jurisdiction over the 13 project, and the case will proceed under the procedures applicable to projects 14 that have not been certified as leadership projects. 15 16 (

j) Extensions of time 17 18 The court may order extensions of time only for good cause and in order to 19 promote the interests of justice. 20 21 Rule 8.497 repealed effective July 1, 2014; adopted effective July 1, 2012. 22 23 Advisory Committee Comment 24 25 Subdivision (b). This provision does not apply to service of the petition on the respondent public 26 agency or real party in interest because the method of service on these parties is set by Public 27 Resources Code sections 21167.6 and 21167.6.5. 28 29 Subdivision (c).

Under this provision, a proceeding in the Court of Appeal is initiated by serving 30 and filing a petition for a writ of mandate as provided in rule 8.25, not by filing a complaint and 31 serving a summons and the complaint. 32 33 Subdivision (d)(3)(C). Public Resources Code

section 21185 provides that the court may appoint 34 a master to assist the court in managing and processing cases subject to this rule. Appointment of 35 a special master to hear and decide motions regarding the record is just one example of when a 36 court might make such an appointment. 37 38 Subdivision (f). A party other than the petitioner who files an answer, motion, or other response 39 to a petition under (

e) may be required to pay a filing fee under Government Code

section 68926 40 if the answer, motion, or other response is the first document filed in the proceeding in the 41 reviewing court by that party. See rule 8.25(c). 42 43

Subdivision (g). On application of the parties or on its own motion, the court may set different 1 briefing periods. For example, if a motion to augment or otherwise modify the contents of the 2 record is filed, the court might order that petitioner’s brief be filed within a specified time after 3 that motion is decided. 4 5

Chapter 11. Review of California Environmental Quality Act Cases Under Public 6 Resources Code Sections 21168.6.6 and 21178–21189.3 7 8 Rule 8.700.

Definitions and application 9 10 (

a) Definitions 11 12 As used in this chapter: 13 14

(1) An “environmental leadership development project” or “leadership project” 15 means a project certified by the Governor under Public Resources Code 16 sections 21182–21184. 17 18

(2) The “Sacramento entertainment and sports center project” or “Sacramento 19 arena project” means the entertainment and sports center project as defined 20 by Public Resources Code

section 21168.6.6, for which the proponent 21 provided notice of election to proceed under that statute as described in 22

section 21168.6.6(j)(1). 23 24 (

b) Proceedings governed 25 26 The rules in this

chapter govern appeals and writ proceedings in the Court of 27 Appeal to review a superior court judgment or order in an action or proceeding 28 brought to attack, review, set aside, void, or annul the certification of the 29 environmental impact report or the granting of any project approvals for an 30 environmental leadership development project or the Sacramento arena project. 31 32 Rule 8.700 adopted effective July 1, 2014. 33 34 Rule 8.701. Filing and service 35 36 (

a) Service 37 38 Except when the court orders otherwise under (

b) or as otherwise provided by law, 39 all documents that the rules in this

chapter require be served on the parties must be 40 served by personal delivery, electronic service, express mail, or other means 41 consistent with Code of Civil Procedure sections 1010, 1011, 1012, and 1013 and 42 reasonably calculated to ensure delivery of the document to the parties not later 43

than the close of the business day after the document is filed or lodged with the 1 court. 2 3 (

b) Electronic filing and service 4 5 Notwithstanding rules 8.71(

a) and 8.73, the court may order that: 6 7

(1) All documents be filed electronically; 8 9

(2) All documents be served electronically on parties who have stipulated to 10 electronic service. All parties represented by counsel are deemed to have 11 stipulated to electronic service. All self-represented parties may so stipulate. 12 13 (

c) Exemption from extension of time 14 15 The extension of time provided in Code of Civil Procedure

section 1010.6 for 16 service completed by electronic means does not apply to any service in actions 17 governed by these rules. 18 19 Rule 8.701 adopted effective July 1, 2014. 20 21 Rule 8.702. Appeals 22 23 (

a) Application of general rules for civil appeals 24 25 Except as otherwise provided by the rules in this chapter, rules 8.100–8.278, 26 relating to civil appeals, apply to appeals under this chapter. 27 28 (

b) Notice of appeal 29 30

(1) Time to appeal 31 32 The notice of appeal must be served and filed on or before the earlier of: 33 34 (

A) Five court days after the superior court clerk serves on the party filing 35 the notice of appeal a document entitled “Notice of Entry” of judgment 36 or a file-stamped copy of the judgment, showing the date either was 37 served; or 38 39 (

B) Five court days after the party filing the notice of appeal serves or is 40 served by a party with a document entitled “Notice of Entry” of 41 judgment or a file-stamped copy of the judgment, accompanied by 42 proof of service. 43

(2) Contents of notice of appeal 2 3 The notice of appeal must: 4 5 (

A) State that the superior court judgment or order being appealed is 6 governed by the rules in this chapter; 7 8 (

B) Indicate whether the judgment or order pertains to the Sacramento 9 arena project or a leadership project; and 10 11 (

C) If the judgment or order being appealed pertains to a leadership project, 12 provide notice that the person or entity that applied for certification of 13 the project as a leadership project must make the payments required by 14 rule 8.705. 15 16 (

c) Extending the time to appeal 17 18

(1) Motion for new trial 19 20 If any party serves and files a valid notice of intention to move for a new trial 21 or, under rule 3.2237, a valid motion for a new trial and that motion is denied, 22 the time to appeal from the judgment is extended for all parties until the 23 earlier of: 24 25 (

A) Five court days after the superior court clerk or a party serves an order 26 denying the motion or a notice of entry of that order; or 27 28 (

B) Five court days after denial of the motion by operation of law. 29 30

(2) Motion to vacate judgment 31 32 If, within the time prescribed by subdivision (

b) to appeal from the judgment, 33 any party serves and files a valid notice of intention to move— or a valid 34 motion— to vacate the judgment and that motion is denied, the time to appeal 35 from the judgment is extended for all parties until five court days after the 36 superior court clerk or a party serves an order denying the motion or a notice 37 of entry of that order. 38 39

(3) Motion to reconsider appealable order 40 41 If any party serves and files a valid motion to reconsider an appealable order 42 under Code of Civil Procedure

section 1008, subdivision (a), the time to 43

appeal from that order is extended for all parties until five court days after the 1 superior court clerk or a party serves an order denying the motion or a notice 2 of entry of that order. 3 4

(4) Cross-appeal 5 6 If an appellant timely appeals from a judgment or appealable order, the time 7 for any other party to appeal from the same judgment or order is extended 8 until five court days after the superior court clerk serves notification of the 9 first appeal. 10 11 (

d) Record on appeal 12 13

(1) Record of written documents 14 15 The record of the written documents from the superior court proceedings 16 other than the administrative record must be in the form of a joint appendix 17 or separate appellant’s and respondent’s appendixes under rule 8.124. 18 19

(2) Record of the oral proceedings 20 21 (

A) The appellant must serve and file with its notice of appeal a notice 22 designating the record under rule 8.121 specifying whether the 23 appellant elects to proceed with or without a record of the oral 24 proceedings in the trial court. If the appellant elects to proceed with a 25 record of the oral proceedings in the trial court, the notice must 26 designate a reporter’s transcript. 27 28 (

B) Any party that submits a copy of a Transcript Reimbursement Fund 29 application in lieu of a deposit under rule 8.130(b)(3) must serve all 30 other parties with notice of this submission when the party serves its 31 notice of designation of the record. Within five days after service of 32 this notice, any other party may submit to the trial court the required 33 deposit for the reporter’s transcript under rule 8.130(b)(1), the 34 reporter’s written waiver of the deposit under rule 8.130(b)(3)(A), or a 35 certified transcript of all of the proceedings designated by the party 36 under rule 8.130(b)(3)(C). 37 38 (

C) Within 10 days after the superior court notifies the court reporter to 39 prepare the transcript under rule 8.130(d)(2), the reporter must prepare 40 and certify an original of the transcript and file the original and 41 required number of copies in superior court. 42 43

(

D) If the appellant does not present its notice of designation as required 1 under (

A) or if any designating party does not submit the required 2 deposit for the reporter’s transcript under rule 8.130(b)(1) or a 3 permissible substitute under rule 8.130(b)(3) with its notice of 4 designation or otherwise fails to timely do another act required to 5 procure the record, the superior court clerk must serve the defaulting 6 party with a notice indicating that the party must do the required act 7 within two court days of service of the clerk’s notice or the reviewing 8 court may impose one of the following sanctions: 9 10 (

i) If the defaulting party is the appellant, the court may dismiss the 11 appeal; or 12 13 (ii) If the defaulting party is the respondent, the court may proceed 14 with the appeal on the record designated by the appellant. 15 16 (

e) Superior court clerk duties 17 18 Within five court days following the filing of a notice of appeal under this rule, the 19 superior court clerk must: 20 21

(1) Serve the following on each party: 22 23 (

A) Notification of the filing of the notice of appeal; and 24 25 (

B) A copy of the register of actions, if any. 26 27

(2) Transmit the following to the reviewing court clerk: 28 29 (

A) A copy of the notice of appeal; 30 31 (

B) A copy of the appellant’s notice designating the record; and 32 33 (

C) An electronic copy of the administrative record. 34 35 (

f) Briefing 36 37

(1) Electronic filing 38 39 Unless otherwise ordered by the reviewing court, all briefs must be 40 electronically filed. 41 42

(2) Time to serve and file briefs 1 2 Unless otherwise ordered by the reviewing court: 3 4 (

A) An appellant must serve and file its opening brief within 25 days after 5 the notice of appeal is served and filed. 6 7 (

B) A respondent must serve and file its brief within 25 days after the 8 appellant files its opening brief. 9 10 (

C) An appellant must serve and file its reply brief, if any, within 15 days 11 after the respondent files its brief. 12 13

(3) Contents and form of briefs 14 15 (

A) The briefs must comply as nearly as possible with rule 8.204. 16 17 (

B) If a designated reporter’s transcript has not been filed at least 5 days 18 before the date by which a brief must be filed, an initial version of the 19 brief may be served and filed in which references to a matter in the 20 reporter’s transcript are not supported by a citation to the volume and 21 page number of the reporter’s transcript where the matter appears. 22 Within 10 days after the reporter’s transcript is filed, a revised version 23 of the brief must be served and filed in which all references to a matter 24 in the reporter’s transcript must be supported by a citation to the 25 volume and page number of the reporter’s transcript where the matter 26 appears. 27 28 (

C) Unless otherwise ordered by the court, within 5 days after filing its 29 brief, each party must submit an electronic version of the brief that 30 contains hyperlinks to material cited in the brief, including 31 electronically searchable copies of the record on appeal, cited 32 decisions, and the parties’ other briefs. Such briefs must comply with 33 any local requirements of the reviewing court relating to e-briefs. 34 35

(4) Extensions of time to file briefs 36 37 If the parties stipulate to extend the time to file a brief under rule 8.212(b), 38 they are deemed to have agreed that the time for resolving the action may be 39 extended beyond 270 days by the number of days by which the parties 40 stipulated to extend the time for filing the brief and, to that extent, to have 41 waived any objection to noncompliance with the deadlines for completing 42

review stated in Public Resources Code sections 21168.6.6(c)–(

d) and 21185 1 for the duration of the stipulated extension. 2 3

(5) Failure to file brief 4 5 If a party fails to timely file an appellant’s opening brief or a respondent’s 6 brief, the reviewing court clerk must serve the party with a notice indicating 7 that if the required brief is not filed within two court days of service of the 8 clerk’s notice, the court may impose one of the following sanctions: 9 10 (

A) If the brief is an appellant’s opening brief, the court may dismiss the 11 appeal; 12 13 (

B) If the brief is a respondent’s brief, the court may decide the appeal on 14 the record, the opening brief, and any oral argument by the appellant; 15 or 16 17 (

C) Any other sanction that the court finds appropriate. 18 19 (

g) Oral argument 20 21 Unless otherwise ordered by the reviewing court, oral argument will be held within 22 45 days after the last reply brief is filed. The reviewing court clerk must send a 23 notice of the time and place of oral argument to all parties at least 15 days before 24 the argument date. The presiding justice may shorten the notice period for good 25 cause; in that event, the clerk must immediately notify the parties by telephone or 26 other expeditious method. 27 28 Rule 8.702 adopted effective July 1, 2014. 29 30 Advisory Committee Comment 31 32 Subdivision (b).

It is very important to note that the time period to file a notice of appeal under 33 this rule is the same time period for filing most postjudgment motions in a case regarding the 34 Sacramento arena project, and in a case regarding a leadership project, the deadline for filing a 35 notice of appeal may be earlier than the deadline for filing a motion for a new trial, a motion for 36 reconsideration, or a motion to vacate the judgment. 37 38 Rule 8.703. Writ proceedings 39 40 (

a) Application of general rules for writ proceedings 41 42

Except as otherwise provided by the rules in this chapter, rules 8.485–8.493— 1 relating to writs of mandate, certiorari, and prohibition in the Supreme Court and 2 Court of Appeal— apply to writ proceedings under this chapter. 3 4 (

b) Petition 5 6

(1) Time for filing petition 7 8 A petition for a writ challenging a superior court judgment or order governed 9 by the rules in this

chapter must be served and filed on or before the earliest 10 of: 11 12 (

A) Thirty days after the superior court clerk serves on the party filing the 13 petition a document entitled “Notice of Entry” of judgment or order, or 14 a file-stamped copy of the judgment or order, showing the date either 15 was served; or 16 17 (

B) Thirty days after the party filing the petition serves or is served by a 18 party with a document entitled “Notice of Entry” of judgment or order, 19 or a file-stamped copy of the judgment or order, accompanied by proof 20 of service. 21 22

(2) Contents of petition 23 24 In addition to any other applicable requirements, the petition must: 25 26 (

A) State that the superior court judgment or order being challenged is 27 governed by the rules in this chapter; 28 29 (

B) Indicate whether the judgment or order pertains to the Sacramento 30 arena project or a leadership project; and 31 32 (

C) If the judgment or order pertains to a leadership project, provide notice 33 that the person or entity that applied for certification of the project as a 34 leadership project must make the payments required by 8.705. 35 36 Rule 8.703 adopted effective July 1, 2014. 37 38 Rule 8.705. Court of Appeal costs in leadership projects 39 40 In fulfillment of the provision in Public Resources Code

section 21183 regarding 41 payment of the Court of Appeal’s costs with respect to cases concerning leadership 42 projects: 43

(1) Within 10 days after service of the notice of appeal or petition in a case concerning 2 a leadership project, the person who applied for certification of the project as a 3 leadership project must pay a fee of $100,000 to the Court of Appeal. 4 5

(2) If the Court of Appeal incurs any of the following costs, the person who applied for 6 certification of the project as a leadership project must also pay, within 10 days of 7 being ordered by the court, the following costs or estimated costs: 8 9 (

A) The costs of any special master appointed by the Court of Appeal in the case; 10 and 11 12 (

B) The costs of any contract personnel retained by the Court of Appeal to work 13 on the case. 14 15

(3) If the party fails to timely pay the fee or costs specified in this rule, the court may 16 impose sanctions that the court finds appropriate after notifying the party and 17 providing the party with an opportunity to pay the required fee or costs. 18 19 Rule 8.705 adopted effective July 1, 2014. 20 21 Rule 10.40. Appellate Advisory Committee 22 23 (a)–(b) * * * 24 25 (

c) Membership 26 27 The committee must include at least one member from each of the following 28 categories: 29 30 (1)— (8) * * * 31 32

(9) State Public Defender; and 33 34

(10) Appellate lawyer of the Attorney General’s Office.; and 35 36

(11) Appellate lawyer of the Court of Appeal or Supreme Court. 37 38 (Subd (

c) amended effective July 1, 2014; previously amended effective January 1, 2002, 39 and January 1, 2007.) 40 41

Rule 10.40 amended effective July 1, 2014; adopted as rule 6.40 effective January 1, 1999; 1 previously amended effective January 1, 2002; previously amended and renumbered effective 2 January 1, 2007. 3 4

Chapter 3. Judicial Council Advisory Body Meetings 5 6 Rule 10.75. Meetings of advisory bodies 7 8 (

a) Intent 9 10 The Judicial Council intends by this rule to supplement and expand on existing 11 rules and procedures providing public access to the council and its advisory bodies. 12 Existing rules and procedures provide for circulation of advisory body proposals 13 regarding rules, forms, standards, and jury instructions for public comment, posting 14 of written reports for the council on the California Courts website 15 (www.courts.ca.gov), public attendance and comment during council meetings, real 16 time audio casts of council meetings, and public posting of council meeting 17 minutes. This rule expands public access to advisory body meetings. 18 19 (

b) Advisory bodies and chairs 20 21 (1) “Advisory bodies,” as used in this rule, means any multimember body created 22 by the Judicial Council to review issues and report to the council. For 23 purposes of this rule, subcommittees that are composed of less than a 24 majority of the members of the advisory body are not advisory bodies. 25 However, standing subcommittees that are charged with addressing a topic as 26 a continuing matter are advisory bodies for purposes of this rule irrespective 27 of their composition. 28 29 (2) “Chair,” as used in this rule, includes a chair’s designee. 30 31 (

c) Open meetings 32 33

(1) Meetings 34 35 Advisory body meetings to review issues that the advisory body will report to 36 the Judicial Council are open to the public, except as otherwise provided in 37 this rule. A meeting open to the public includes a budget meeting, which is a 38 meeting or portion of a meeting to discuss a proposed recommendation of the 39 advisory body that the Judicial Council approve an allocation or direct an 40 expenditure of public funds. A majority of advisory body members must not 41 decide a matter included on a posted agenda for an upcoming meeting in 42 advance of the meeting. 43

(2) Exempt bodies 2 3 The meetings of the following advisory bodies and their subcommittees are 4 exempt from the requirements of this rule: 5 6 (

A) Advisory Committee on Civil Jury Instructions; 7 8 (

B) Advisory Committee on Criminal Jury Instructions; and 9 10 (

C) Litigation Management Committee. 11 12

(3) Rule committees 13 14 With the exception of any budget meetings, the meetings of the rule 15 committees listed in this subdivision and of their subcommittees are closed 16 unless the chair concludes that a particular agenda item may be addressed in 17 open session. Any budget meeting must be open to the public. 18 19 (

A) Appellate Advisory Committee; 20 21 (

B) Civil and Small Claims Advisory Committee; 22 23 (

C) Criminal Law Advisory Committee; 24 25 (

D) Family and Juvenile Law Advisory Committee; 26 27 (

E) Probate and Mental Health Advisory Committee; and 28 29 (

F) Traffic Advisory Committee. 30 31 (

d) Closed sessions 32 33 The chair of an advisory body or an advisory body subcommittee may close a 34 meeting, or portion of a meeting, to discuss any of the following: 35 36

(1) The appointment, qualifications, performance, or health of an individual, or 37 other information that, if discussed in public, would constitute an 38 unwarranted invasion of personal privacy; 39 40

(2) Claims, administrative claims, agency investigations, or pending or 41 reasonably anticipated litigation naming, or reasonably anticipated to name, a 42 judicial branch entity or a member, officer, or employee of such an entity; 43

(3) Negotiations concerning a contract, a labor issue, or legislation; 2 3

(4) The price and terms of payment for the purchase, sale, exchange, or lease of 4 real property for a judicial branch facility before the property has been 5 acquired or the relevant contracts have been executed; 6 7

(5) Security plans or procedures or other matters that if discussed in public 8 would compromise the safety of the public or of judicial branch officers or 9 personnel or the security of judicial branch facilities or equipment, including 10 electronic data; 11 12

(6) Non-final audit reports or proposed responses to such reports; 13 14

(7) Trade secrets or privileged or confidential commercial and financial 15 information; 16 17

(8) Development, modification, or approval of any licensing or other 18 professional examination or examination procedure; 19 20

(9) Evaluation of individual grant applications; or 21 22

(10) Topics that judicial officers may not discuss in public without risking a 23 violation of the California Code of Judicial Ethics, necessitating recusal, or 24 encouraging disqualification motions or peremptory challenges against them, 25 including proposed legislation, rules, forms, standards of judicial 26 administration, or jury instructions. 27 28 (

e) Notice of meetings 29 30

(1) Regular meetings 31 32 Public notice must be given of the date and agenda of each meeting that is 33 subject to this rule, whether open or closed, at least five business days before 34 the meeting. 35 36

(2) Urgent circumstances 37 38 A meeting that is subject to this rule may be conducted on 24-hours notice in 39 case of urgent circumstances requiring prompt action. The minutes of such 40 meetings must briefly state the facts creating the urgent circumstances 41 requiring prompt action and the action taken. 42 43

(

f) Form of notice 1 2

(1) The notice and agenda for a meeting subject to this rule, whether open or 3 closed, must be posted on the California Courts website. 4 5

(2) The notice for meetings subject to this rule must state whether the meeting is 6 open or closed. If a meeting is closed or partially closed, the notice must 7 identify the closed agenda items and the specific subdivision of this rule 8 authorizing the closure. 9 10

(3) For meetings that are open in part or in full, the notice must provide: 11 12 (

A) The telephone number or other electronic means that a member of the 13 public may use to attend the meeting; 14 15 (

B) The time of the meeting, whether the public may attend in person, and, 16 if so, the meeting location; and 17 18 (

C) The e-mail address or other electronic means that the public may use to 19 submit written comments regarding agenda items or requests to make 20 an audio recording of a meeting. 21 22 (

g) Contents of agenda 23 24 The agenda for a meeting subject to this rule, whether open or closed, must contain 25 a brief description of each item to be considered during the meeting. If a meeting is 26 closed or partially closed, the agenda must identify the specific subdivision of this 27 rule authorizing the closure. 28 29 (

h) Meeting materials 30 31 Materials for an open meeting must be posted on the California Courts website at 32 least three business days before the date of the meeting, except in extraordinary 33 circumstances. 34 35 (

i) Public attendance 36 37 The public may attend open sessions of advisory body meetings by telephone or 38 other available electronic means. If the members of an advisory body gather in 39 person at a single location for a meeting, the public may attend in person at that 40 location if the chair concludes security measures permit. 41 42

(

j) Conduct at meeting 1 2 Members of the public who attend open meetings in person must remain orderly. 3 The chair may order the removal of any disorderly person. 4 5 (

k) Public comment 6 7

(1) Written comment 8 9 The public may submit written comments for any agenda item of a regularly 10 noticed open meeting up to one complete business day before the meeting. 11 12

(2) In-person comment 13 14 If security measures permit public attendance at an open in-person advisory 15 body meeting, the meeting must include an opportunity for public comment 16 on each agenda item before the advisory body considers the item. Requests to 17 comment on an agenda item must be submitted before the meeting begins, 18 indicating the speaker’s name, the name of the organization that the speaker 19 represents, if any, and the agenda item that the public comment will address. 20 The advisory body chair may grant a request to comment on an agenda item 21 that is received after a meeting has begun. 22 23

(3) Reasonable limits and timing 24 25 The advisory body chair has discretion to establish reasonable limits on the 26 length of time for each speaker and the total amount of time permitted for 27 public comment. The chair may also decide whether public comments will be 28 heard at the beginning of the meeting or in advance of the agenda items. 29 30 (

l) Making an audio recording of a meeting 31 32 An advisory body chair may permit a member of the public to make an audio 33 recording of an open meeting, or the open portion of a meeting, if a written request 34 is submitted at least two business days before the meeting. 35 36 (

m) Minutes as official records 37 38 Minutes of each meeting subject to this rule, whether open or closed, must be 39 prepared for approval at a future meeting. When approved by the advisory body, 40 the minutes constitute the official record of the meeting. Approved minutes for the 41 open portion of a meeting must be posted on the California Courts website. 42 43

(

n) Adjourned meetings 1 2 An advisory body chair may adjourn a meeting to reconvene at a specified time 3 without issuing a new notice under (e)(1), provided that, if open agenda items 4 remain for discussion, notice of the adjourned meeting is posted on the California 5 Courts website 24 hours before the meeting reconvenes. The notice must identify 6 any remaining open agenda items to be discussed, the time that the meeting will 7 reconvene, the telephone number that the public may use to attend the meeting, and 8 if the public may attend the reconvened meeting in person, the location.

The 9 advisory body may not consider new agenda items when the meeting reconvenes 10 except as permitted under (e)(2). 11 12 (

o) Action by e-mail between meetings 13 14 An advisory body may take action by e-mail between meetings in circumstances 15 specified in this subdivision. 16 17

(1) Circumstances 18 19 An advisory body chair may distribute a proposal by e-mail to all advisory 20 body members for action between meetings if: 21 22 (

A) The advisory body discussed and considered the proposal at a previous 23 meeting but concluded additional information was needed; or 24 25 (

B) The chair concludes that prompt action is needed. 26 27

(2) Notice 28 29 If an e-mail proposal concerns a matter that otherwise must be discussed in 30 an open meeting, the advisory body must provide public notice and allow one 31 complete business day for public comment concerning the proposal before 32 acting on the proposal. The notice must be posted on the California Courts 33 website and must provide an e-mail address to which the public may submit 34 written comments. The advisory body may forego public comment if the 35 chair concludes that prompt action is required. 36 37

(3) Communications 38 39 If an e-mail proposal concerns a matter that otherwise must be discussed in 40 an open meeting, after distribution of the proposal and until the advisory 41 body has acted, advisory body members must restrict their communications 42

with each other about the proposal to e-mail. This restriction only applies to 1 proposals distributed under this subdivision. 2 3

(4) Official record 4 5 Written minutes describing the action taken on an e-mail proposal that 6 otherwise must be discussed in an open meeting must be prepared for 7 approval at a future meeting. The minutes must attach any public comments 8 received. When approved by the advisory body, the minutes constitute the 9 official record of the proposal. Approved minutes for such a proposal must be 10 posted to the California Courts website. The e-mails exchanged concerning a 11 proposal that otherwise would have been considered in a closed meeting will 12 constitute the official record of the proposal. 13 14 (

p) Review requirement 15 16 The Judicial Council will review the impact of this rule within one year of the 17 rule’s adoption and periodically thereafter to determine whether amendments are 18 needed.

In conducting its review, the council will consider, among other factors, 19 the public interest in access to meetings of the council’s advisory bodies, the 20 obligation of the judiciary to comply with judicial ethics standards, and the public 21 interest in the ability of advisory bodies to effectively assist the Judicial Council by 22 offering policy recommendations and alternatives for improving the administration 23 of justice. 24 25 Rule 10.75 adopted effective July 1, 2014. 26 27 Advisory Committee Comment 28 29 Subdivisions (

a) and (c)(1). This rule expands public access to Judicial Council advisory bodies. 30 The council recognizes the important public interest in access to those meetings and to 31 information regarding administration and governance of the judicial branch. Meetings of the 32 Judicial Council are open, and notice and materials for those meetings are provided to the public, 33 under rules 10.5 and 10.6. Rules in Division 1 of Title 10 describe the council’s advisory bodies 34 and require that proposals for rules, standards, forms, and jury instructions be circulated for 35 public comment. (See Cal.

Rules of Court, rules 10.10–10.22, 10.30–10.70.) Reports to the 36 council presenting proposals and recommendations are publicly posted on the California Courts 37 website (www.courts.ca.gov). Internal committee chairs report at each council meeting regarding 38 the activities of the internal committees in the period since the last council meeting, and internal 39 committee meeting minutes also are posted on the California Courts website.

This rule expands 40 on those existing rules and procedures to increase public access by opening the meetings of 41 advisory bodies to review issues that the advisory body will report to the council. The rule does 42 not apply to meetings that do not involve review of issues to be reported to the council, such as 43

meetings providing education and training of members, discussion of best practices, or sharing of 1 information of general interest unrelated to advice or reports to the council. Those non-advisory 2 matters are outside the scope of this rule. 3 4 Subdivision (b)(1). The definition provided in (b)(1) is intended exclusively for this rule and 5 includes internal committees, advisory committees, task forces, and other similar multimember 6 bodies that the council creates to review issues and report to it. (Cf. Cal.

Rules of Court, 7 rule 10.30(a) [“Judicial Council advisory bodies are typically advisory committees and task 8 forces].) 9 10 Subdivisions (c)(2), (c)(3), and (d)(10). The Code of Judicial Ethics governs the conduct of 11 judges and is binding upon them. It establishes high standards of conduct that judges must 12 personally observe, maintain, and enforce at all times to promote and protect public confidence in 13 the integrity and impartiality of the judiciary. (See Code Judicial Ethics,

Preamble, canon 1, 14 canon 2A.) Among other things, compliance with these high ethical standards means avoiding 15 conduct that could suggest a judge does not have an open mind in considering issues that may 16 come before the judge. (Id., canon 2A.) Judges also are prohibited from making public comments 17 about a pending or impending proceeding (id., canon 3B(9)), signifying that they may not 18 publicly discuss case law that has not reached final disposition through the appellate process, or 19 pending or anticipated litigation, conduct that would be required to participate in the work 20 covered by the referenced subdivisions.

Ethical standards also direct that they hear and decide all 21 matters assigned to them, avoiding extrajudicial duties that would lead to their frequent 22 disqualification. (Id., canons 3B(1), 4A(4).) 23 24 The work of the three advisory bodies listed in subdivision (c)(2) exclusively involves discussion 25 of topics that are uniquely difficult or impossible for judges to address while honoring the 26 detailed ethical standards governing the judiciary.

For example, as required by rule, the Litigation 27 Management Committee discusses pending or anticipated claims and litigation against judicial 28 officers, courts, and court employees. Jury instruction committees also may discuss decisions or 29 rulings issued in cases that have not reached final resolution through the appellate process.

Thus, 30 opening the meetings of these three committees would result in precluding judges, who are 31 specially learned in the law, from meaningful participation on those committees. 32 Subdivision (c)(2) is added to avoid this result. 33 34 The work of the six rule committees listed in subdivision (c)(3) almost always will trigger similar 35 issues. Those bodies focus primarily on developing, and providing input concerning, proposed 36 legislation, rules, forms, and standards of judicial administration.

That work necessarily entails a 37 complex interchange of views, consideration of multiple perspectives, and the vetting of opposing 38 legal arguments, which judges cannot undertake in public without risk that their comments will 39 be misunderstood or used as a basis for disqualification or challenge.

Service on the referenced 40 committees, and public participation in discussing the referenced topics, may make it difficult for 41 a judge to hear and decide all matters assigned to the judge and conceivably could lead to 42 frequent disqualification of the judge, exposing the judge to risk of an ethical violation. This may 43

create significant practical issues for courts related to judicial workloads, while also deterring 1 individuals specially learned in the law from serving on advisory bodies, in turn depriving the 2 public of the benefits of their training and experience in crafting procedures for the effective and 3 efficient administration of justice.

Subdivisions (c)(3) and (d)(10) are intended to prevent such 4 deleterious results by clarifying that meetings of the six rule committees whose work almost 5 entirely focuses on these topics ordinarily will be closed and that meetings of other bodies 6 performing similar functions also will be closed as the chairs deem appropriate, with the 7 exception that any budget meetings must be open. 8 9 Subdivision (d)(7).

Definitions of the terms “trade secret,” “privileged information,” and 10 “confidential commercial and financial information,” are provided in rule 10.500(f)(10). 11 12 Subdivision (k)(1). Due to budget constraints, members’ schedules, and the geographic diversity 13 of most committees’ membership, advisory body meetings typically are held via teleconference 14 or other method not requiring the members’ in person attendance.

Because judicial officer and 15 attorney members may have limited time for meetings (e.g., only a lunch hour), the volume of 16 advisory body business to be accomplished in those periods may be considerable, and the costs of 17 coordinating teleconferences that would accommodate spoken comments from the public would 18 be significant in the aggregate, the rule only provides for public comment in writing.

To ensure 19 sufficient time for advisory body staff to gather and distribute written comments to members, and 20 for members to review comments before the meeting, the rule requires that comments be 21 submitted one complete business day before the meeting. 22 23

Chapter 34. Administrative Office of the Courts 24 25 26 Ethics Standards for Neutral Arbitrators in Contractual Arbitration 27 28 Standard 8. Additional disclosures in consumer arbitrations administered by a 29 provider organization 30 31 (

a) General provisions 32 33

(1) Reliance on information provided by provider organization 34 35 Except as to the information in (c)(1), an arbitrator may rely on information 36 supplied by the administering provider organization in making the disclosures 37 required by this standard only if the provider organization represents that the 38 information the arbitrator is relying on is current through the end of the 39 immediately preceding calendar quarter or more recent.

If the information 40 that must be disclosed is available on the Internet, the arbitrator may comply 41 with the obligation to disclose this information by providing in the disclosure 42 statement required under standard 7(c)(1) the Internet address of the specific 43

web page at which the information is located and notifying the party that the 1 arbitrator will supply hard copies of this information upon request. 2 3 (2) * * * 4 5 (Subd (

a) amended effective July 1, 2014.) 6 7 (b)–(d) * * * 8 9 Standard 8 amended effective July 1, 2014. 10 11 12

Changes effective January 1, 2015: 45 1 Rule 5.522. FaxRemote filing 2 3 (

a) Applicability and

definitions 4 5

(1) This rule applies to juvenile court proceedings in courts that permit fax or 6 electronic filing by local rule or other written instruction. 7 8

(2) As used in this rule, “fax,” "facsimile transmission" or “fax transmission,” 9 "facsimile machine" or “fax machine,” "facsimile filing" or and “fax filing,” 10 and "fax" are defined in rule 2.301. A fax machine also includes any 11 electronic device capable of receiving a fax transmission, as defined in rule 12 2.301. 13 14

(3) As used in this rule, “electronic filing” is defined in rule 2.250. Rule 2.250 15 also defines other terms used in this rule related to electronic filing, such as 16 “document,” “electronic filer,” “electronic filing service provider,” “regular 17 filing hours,” and “close of business.” 18 19 (Subd (

a) amended effective January 1, 2015; previously amended effective January 1, 20 2007.) 21 22 (

b) Electronic filing 23 24

(1) A court may allow for the electronic filing of documents in juvenile 25 dependency and delinquency proceedings as provided under, and consistent 26 with, rule 2.252 et seq. 27 28

(2) A court may allow for the electronic filing of documents directly with the 29 court or may provide by local rule for indirect filing through an electronic 30 filing service provider that has in place systems to ensure the integrity and 31 confidentiality of transmission of records and adheres to the requirements of 32 rule 2.256(a)(1). 33 34

(3) Electronic filing must be conducted in a manner that preserves and ensures 35 the confidentiality of records by encryption or other secure methods. 36 37

(4) This rule does not incorporate the electronic service provisions in rule 2.251. 38 39 (Subd (

b) adopted effective January 1, 2015.) 40 41 (

b) Juvenile court documents that may be filed by fax 42 43

(

c) Fax filing 1 2

(1) Juvenile court documents that may be filed by fax 3 4 The following documents may be filed in juvenile court by the use of a fax 5 machine: petitions filed under sections 300, 342, 387, 388, 601, 602, 342, 6 387, 388, 777, and 778. Other documents may be filed by the use of a fax 7 machine if permitted by local rule or other written instruction as specified in 8 (a). 9 10 (

c) Persons and agencies that may file by fax 11 12

(2) Persons and agencies that may file by fax 13 14 Only the following persons and agencies may file documents by the use of a 15 fax machine, as stated in (b)(c)(1): any named party to the proceeding; any 16 attorney of record in the proceeding; the county welfare department; the 17 probation department; the office of the district attorney; the office of the 18 county counsel; a CASA volunteer appointed in the case. 19 20 (

A) Any named party to the proceeding; 21 22 (

B) Any attorney of record in the proceeding; 23 24 (

C) The county child welfare department; 25 26 (

D) The probation department; 27 28 (

E) The office of the district attorney; 29 30 (

F) The office of the county counsel; and 31 32 (

G) A Court Appointed Special Advocate (CASA) volunteer appointed in 33 the case. 34 35 (

d) Procedures for fax filing 36 37

(3) Procedures for fax filing 38 39 A party or agency person described in (c)(2) may file by fax directly to any 40 juvenile court that has provided for fax filing by local rule or other written 41 instruction. The local rule or other written instruction must provide the fax 42

telephone number or numbers for filings and the business hours during which 1 fax filings will be accepted. 2 3 (

e) Mandatory cover sheet 4 5

(4) Mandatory cover sheet 6 7 A fax filing must be accompanied by Fax Filing Cover Sheet (form JV-520). 8 The cover sheet must be the first page of the transferred document. The court 9 is not required to retain or file a copy of the cover sheet. 10 11 (

f) Signatures 12 13

(5) Signatures 14 15 Notwithstanding any provision of law to the contrary, a signature produced 16 by fax transmission is an original signature. 17 18 (

g) Confidentiality requirements 19 20

(6) Confidentiality requirements 21 22 In order tTo secure the confidentiality of the documents subject to filing by 23 fax, the following procedures are required: 24 25 (1)(

A) The In each clerk’s office designated to receive such documents, 26 must have either a separate fax machine must be provided and 27 dedicated solely to the receipt of the documents described in (b)(c)(1) 28 or a fax machine that is set up with a protocol to preserve the 29 confidentiality of the documents described in (c)(1); and 30 31

(2) The telephone number to be used for these filings must be made 32 available only to those persons and agencies described in (c); and 33 34 (3)(

B) Any document received for fax filing must be filed or submitted 35 to the court immediately on receipt and must not be placed or stored 36 where anyone not entitled to access may examine it. 37 38 (Subd (

c) adopted and amended effective January 1, 2015; previously subd (b)–(g); 39 previously amended effective January 1, 2007.) 40 41 Rule 5.522 amended effective January 1, 2015; adopted as rule 1406.5 effective January 1, 1999; 42 previously amended and renumbered effective January 1, 2007. 43

1 Rule 10.474. Trial court managers, supervisors, and other personnel 2 3 (a)–(b) * * * 4 5 (

c) Hours-based requirements 6 7 (1)–(2) * * * 8 9

(3) The first two-year period for all court managers, supervisors, and other 10 personnel begins on January 1, 2007. The orientation education required for 11 new managers, supervisors, and other personnel under (

b) does not apply 12 toward the required hours of continuing education because it must be 13 completed before they enter the two-year period. Each new manager, 14 supervisor, or employee enters the two-year continuing education period on 15 the first day of the quarter following his or her completion of the orientation 16 education required under (b); the quarters begin on January 1, April 1, July 1, 17 and October 1. Each manager, supervisor, or employee who enters the two- 18 year continuing education period after it has begun must complete a prorated 19 number of continuing education hours for that two-year period, based on the 20 number of quarters remaining in it. 21 22 (4) * * * 23 24

(5) Each hour of participation in traditional (live, face-to-face) education; 25 distance education such as broadcasts, videoconferences, and online 26 coursework; and faculty service counts toward the requirement on an hour- 27 for-hour basis. Each manager, supervisor, and employee must complete at 28 least half of his or her continuing education hours requirement as a 29 participant in traditional (live, face-to-face) education. The individual may 30 complete the balance of his or her education hours requirement through any 31 other means with no limitation on any particular type of education.

The court 32 executive officer has discretion to determine the number of hours, if any, of 33 traditional (live, face-to-face) education required to meet the continuing 34 education requirement. Self-directed study is encouraged for professional 35 development but does not apply toward the required hours. 36 37 (6)–(7) * * * 38 39 (Subd (

c) amended effective January 1, 2015; previously amended effective January 1, 40 2008, January 1, 2012, and January 1, 2013.) 41 42

(

d) Extension of time 1 2

(1) For good cause, the executive officer or a supervisor, if delegated by the 3 executive officer, may grant a six-month one-year extension of time to 4 complete the education requirements in this rule. If an extension is granted, 5 the subsequent two-year compliance period begins immediately after the 6 extended compliance period ends, unless otherwise determined by the 7 executive officer. 8 9

(2) If the executive officer or supervisor grants a request for an extension of 10 time, the manager, supervisor, or employee who made the request, in 11 consultation with the executive officer or supervisor, must also pursue 12 interim means of obtaining relevant educational content. 13 14

(3) An extension of time to complete the hours-based requirement does not affect 15 the timing of the next two-year period. 16 17 (Subd (

d) amended effective January 1, 2015.) 18 19 (e) * * * 20 21 Rule 10.474 amended effective January 1, 2015; adopted as rule 10.464 effective January 1, 22 2007; previously amended and renumbered effective January 1, 2008; previously amended 23 effective January 1, 2012, and January 1, 2013. 24 25 Advisory Committee Comment 26 27 The time frame for completion of compliance courses based on statutory or regulatory mandates 28 is unaffected by the one-year extension in (d)(1). 29 30