AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on March 24, 2023, effective April 1, 2023 Rule 2.1050. Judicial Council jury instructions ......................................................... 2 1 Rule 8.137. Settled statement..................................................................................... 3 2 Rule 8.406. Time to appeal ........................................................................................ 3 3 Rule 8.416.

Appeals from all terminations of parental rights; dependency appeals in 4 Orange, Imperial, and San Diego Counties and in other counties by local rule ......... 4 5 Rule 8.730. Filing, modification, and finality of decision; remittitur ........................ 4 6 Rule 8.805. Amendments to rules and statutes .......................................................... 4 7 Rule 8.837. Statement on appeal................................................................................ 5 8 9 10

2 Rule 2.1050. Judicial Council jury instructions 1 2 (a)–(b) * * * 3 4 (

c) Public access 5 6 The Judicial Council must provide copies and updates of the approved jury 7 instructions to the public on the California Courts website. The Judicial Council 8 may contract with an official publisher to publish the instructions in both paper and 9 electronic formats. The Judicial Council intends that the instructions be freely 10 available for use and reproduction by parties, attorneys, and the public, except as 11 limited by this subdivision.

The Judicial Council may take steps necessary to 12 ensure that publication of the instructions by commercial publishers does not occur 13 without its permission, including, without limitation, ensuring that commercial 14 publishers accurately publish the Judicial Council’s instructions, accurately credit 15 the Judicial Council as the source of the instructions, and do not claim copyright of 16 the instructions. The Judicial Council may require commercial publishers to pay 17 fees or royalties in exchange for permission to publish the instructions.

As used in 18 this rule, “commercial publishers” means entities that publish works for sale, 19 whether for profit or otherwise. 20 21 (

d) Publication 22 23 The Judicial Council may contract with an official publisher and other publishers to 24 publish the instructions in both paper and electronic formats. The Judicial Council 25 may take appropriate actions to maintain the integrity of the jury instructions, 26 including, without limitation, ensuring that publishers accurately publish the 27 Judicial Council’s instructions, accurately credit the Judicial Council as the source 28 of the instructions, and do not claim copyright in the instructions. 29 30 (d)(

e) Updating and amendments revisions 31 32 The Judicial Council instructions will be regularly updated and maintained through 33 its advisory committees on jury instructions. Amendments Revisions to these 34 instructions will be circulated for public comment before publication. Trial judges 35 and attorneys may submit for the advisory committees’ consideration suggestions 36 for improving or modifying these instructions or creating new instructions, 37 Suggestions for revising an instruction or creating new instructions may be 38 submitted in writing, with an explanation of why the change is proposed., 39 Suggestions should be sent to the Judicial Council of California, Legal Services. 40 41

3 (e)(

f) Use of instructions 1 2 Use of the Judicial Council instructions is strongly encouraged. If the latest edition 3 of the jury instructions approved by the Judicial Council contains an instruction 4 applicable to a case and the trial judge determines that the jury should be instructed 5 on the subject, it is recommended that the judge use the Judicial Council instruction 6 unless he or she the judge finds that a different instruction would more accurately 7 state the law and be understood by jurors.

Whenever the latest edition of the 8 Judicial Council jury instructions does not contain an instruction on a subject on 9 which the trial judge determines that the jury should be instructed, or when a 10 Judicial Council instruction cannot be modified to submit the issue properly, the 11 instruction given on that subject should be accurate, brief, understandable, 12 impartial, and free from argument. 13 14 Rule 8.137. Settled statement 15 16 (a)–(f) * * * 17 18 (

g) Review of the corrected statement 19 20 (1)–(2) * * * 21 22

(3) Within 10 days after the time for filing proposed modifications or objections 23 under (2) has expired, the trial court judge must review the corrected or 24 modified statement and any proposed modifications or objections to the 25 statement filed by the parties. The procedures in (f)(2) or in (f)(3) apply if the 26 trial court judge determines that further corrections or modifications are 27 necessary to ensure that the statement is an accurate

summary of the evidence 28 and the testimony of each witness relevant to the points that the appellant 29 states under (d)(1) are being raised on appeal. 30 31 (h) * * * 32 33 Rule 8.406. Time to appeal 34 35 (

a) Normal time 36 37

(1) Except as provided in (2) and (3), (A), (B), and (2), a notice of appeal must 38 be filed within 60 days after the rendition of the judgment or the making of 39 the order being appealed. 40 41 (A)–(B) * * * 42 43

4 (2) * * * 1 2 (b)–(d) * * * 3 4 5 Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in 6 Orange, Imperial, and San Diego Counties and in other counties by local rule 7 8 (a) * * * 9 10 (

b) Form of record 11 12

(1) The clerk’s and reporter’s transcripts must comply with rules 8.45–8.467, 13 relating to sealed and confidential records, and, except as provided in (2) and 14 (3), with rule 8.144. 15 16 (2)–(3) * * * 17 18 (c)–(h) * * * 19 20 Rule 8.730. Filing, modification, and finality of decision; remittitur 21 22 (a)(b) * * * 23 24 (

c) Finality of decision 25 26

(1) A court’s denial of a petition for a writ under rule 8.495 8.720, 8.496 8.724, 27 or 8.498 8.728 without issuance of a writ of review is final in that court when 28 filed. 29 30 (2)(5) * * * 31 32 (

d) Remittitur 33 34 A Court of Appeal must issue a remittitur in a writ proceeding under this

chapter 35 except when the court denies the petition under rule 8.495 8.720, 8.496 8.724, or 36 8.498 8.728 without issuing a writ of review. Rule 8.272(b)–(

d) governs issuance 37 of a remittitur in writ proceedings under this chapter. 38 39 Rule 8.805. Amendments to rules and statutes 40 41 (

a) Amendments to rules 42 43

5 Only the Judicial Council may amend these rules, except the rules in division 5 7, 1 which may be amended only by the Supreme Court. An amendment by the Judicial 2 Council must be published in the advance pamphlets of the Official Reports and 3 takes effect on the date ordered by the Judicial Council. 4 5 (b) * * * 6 7 Rule 8.837. Statement on appeal 8 9 (a)–(d) * * * 10 11 (

e) Review of the corrected statement 12 13 (1)–(2) * * * 14 15

(3) Within 10 days after the time for filing proposed modifications or objections 16 under (2) has expired, the judge must review the corrected or modified 17 statement and any proposed modifications or objections to the statement filed 18 by the parties. The procedures in (d)(3) or (d)(4) apply if the judge 19 determines that further corrections or modifications are necessary to ensure 20 that the statement is an accurate

summary of the evidence and the testimony 21 of each witness relevant to the points which the appellant states under (c)(1) 22 are being raised on appeal. 23 24 (f) * * * 25 26 27 28