AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 14–15, 2017, effective January 1, 2018 Rule 2.893. Appointment of interpreters in court proceedings .................................. 4 1 Rule 4.102. Uniform bail and penalty schedules—traffic, boating, fish and game, 2 forestry, public utilities, parks and recreation, business licensing ............................ 10 3 Rule 4.130. Mental competency proceedings ........................................................... 10 4 Division 5.

Sentencing-Determinate Felony Sentencing Law ...................................... 12 5 Rule 4.403. Application ............................................................................................ 12 6 Rule 4.405.

Definitions ............................................................................................. 13 7 Rule 4.406. Reasons .................................................................................................. 15 8 Rule 4.408. Criteria Listing of factors not exclusive; sequence not significant ....... 17 9 Rule 4.409. Consideration of criteria relevant factors .............................................. 18 10 Rule 4.410. General objectives in sentencing ........................................................... 18 11 Rule 4.411.

Presentence investigations and reports .................................................. 19 12 Rule 4.411.5. Probation officer’s presentence investigation report .......................... 22 13 Rule 4.412. Reasons—agreement to punishment as an adequate reason and as 14 abandonment of certain claims ................................................................................. 23 15 Rule 4.413. Probation eligibility when probation is limited Grant of probation when 16 defendant is presumptively ineligible for probation ................................................. 24 17 Rule 4.415.

Criteria affecting the imposition of mandatory supervision .................. 25 18 Rule 4.420. Selection of term of imprisonment ........................................................ 26 19 Rule 4.421. Circumstances in aggravation ............................................................... 27 20 Rule 4.423. Circumstances in mitigation .................................................................. 29 21 Rule 4.425. Criteria Factors affecting concurrent or consecutive sentences ............ 29 22 Rule 4.428. Criteria Factors affecting imposition of enhancements ......................... 30 23 Rule 4.433.

Matters to be considered at time set for sentencing .............................. 31 24 Rule 4.435. Sentencing on revocation of probation, mandatory supervision, and 25 postrelease community supervision .......................................................................... 33 26 Rule 4.437. Statements in aggravation and mitigation ............................................. 34 27 Rule 4.447. Limitations on enhancements Sentencing of enhancements ................. 35 28 Rule 4.451.

Sentence consecutive to or concurrent with indeterminate term or to 29 term in other jurisdiction ........................................................................................... 36 30 Rule 4.452. Determinate sentence consecutive to prior determinate sentence ......... 38 31 Rule 8.25. Service, filing, and filing fees ................................................................. 38 32 Rule 8.36. Substituting parties; substituting or withdrawing attorneys ................... 39 33

Rule 8.100. Filing the appeal ................................................................................... 39 1 Rule 8.137. Settled statement.................................................................................... 40 2 Rule 8.212. Service and filing of briefs ................................................................... 47 3 Rule 8.248. Prehearing conference .......................................................................... 48 4 Rule 8.256. Oral argument and submission of the cause ......................................... 49 5 Rule 8.264.

Filing, finality, and modification of decision ....................................... 49 6 Rule 8.272. Remittitur.............................................................................................. 50 7 Rule 8.278. Costs on appeal ..................................................................................... 52 8 Rule 8.336. Preparing, certifying, and sending the record ....................................... 52 9 Rule 8.380.

Petition for writ of habeas corpus filed by petitioner not represented by 10 an attorney ................................................................................................................. 53 11 Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party ........ 53 12 Rule 8.452. Writ petition to review order setting hearing under Welfare and 13 Institutions Code

section 366.26 ............................................................................... 54 14 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 to 15 review order designating or denying specific placement of a dependent child after 16 termination of parental rights .................................................................................... 54 17 Rule 8.495. Review of Workers’ Compensation Appeals Board cases .................... 55 18 Rule 8.500. Petition for review ................................................................................ 55 19 Rule 8.508. Petition for review to exhaust state remedies ....................................... 57 20 Rule 8.512.

Ordering review .................................................................................... 57 21 Rule 8.528. Disposition............................................................................................ 58 22 Rule 8.532. Filing, finality, and modification of decision ....................................... 59 23 Rule 8.540. Remittitur.............................................................................................. 59 24 Rule 8.600. In general .............................................................................................. 60 25 Rule 8.630.

Briefs by parties and amicus curiae ....................................................... 61 26 Rule 8.634. Transmitting exhibits; augmenting the record in the Supreme Court .. 62 27 Rule 8.882. Briefs by parties and amici curiae ........................................................ 62 28 Rule 8.887. Decisions .............................................................................................. 63 29 Rule 8.931. Petitions filed by persons not represented by an attorney ..................... 64 30 Rule 8.972.

Petitions filed by persons not represented by an attorney ..................... 64 31 Rule 8.1005. Certification for transfer by the appellate division ............................. 65 32 Rule 8.1007. Transmitting record to Court of Appeal ............................................. 65 33

Rule 8.1018. Finality and remittitur ......................................................................... 66 1 Rule 10.40. Appellate Advisory Committee ............................................................ 67 2 Rule 10.62. Court Facilities Advisory Committee................................................... 67 3 Rule 10.67. Judicial Branch Workers’ Compensation Program Advisory Committee4 ................................................................................................................................... 68 5 Rule 10.102.

Acceptance of gifts ............................................................................. 68 6 Rule 10.104. Limitation on contracting with former employees ............................. 69 7 Rule 10.452. Minimum education requirements, expectations, and 8 recommendations ...................................................................................................... 69 9 Rule 10.471. Minimum education requirements for Supreme Court and Court of 10 Appeal clerks/executive officers administrators ....................................................... 71 11 Rule 10.472.

Minimum education requirements for Supreme Court and Court of 12 Appeal managing attorneys, supervisors, and other personnel ................................. 73 13 Rule 10.481. Approved providers; approved course criteria ................................... 75 14 Rule 10.1004. Court of Appeal administrative presiding justice ............................. 75 15 Rule 10.1008. Courts of Appeal with more than one division ................................. 76 16 Rule 10.1020. Reviewing court clerk/executive officer administrator .................... 76 17 Rule 10.1028.

Preservation and destruction of Court of Appeal records ................ 79 18 Standard 4.35. Court use of risk/needs assessments at sentencing ........................... 80 19 20

Rule 2.893. Appointment of interpreters in court proceedings 1 2 (

a) Application 3 4 This rule applies to all trial court proceedings in which the court appoints an 5 interpreter for a Limited English Proficient (LEP) person. This rule applies to 6 spoken language interpreters in languages designated and not designated by the 7 Judicial Council. 8 9 (

b) Definitions 10 11 As used in this rule: 12 13 (1) “Designated language” means a language selected by the Judicial Council for 14 the development of a certification program under Government Code

section 15 68562; 16 17 (2) “Certified interpreter” means an interpreter who is certified by the Judicial 18 Council to interpret a language designated by the Judicial Council under 19 Government Code

section 68560 et seq.; 20 21 (3) “Registered interpreter” means an interpreter in a language not designated by 22 the Judicial Council, who is qualified by the court under the qualification 23 procedures and guidelines adopted by the Judicial Council, and who has 24 passed a minimum of an English fluency examination offered by a testing 25 entity approved by the Judicial Council under Government Code

section 26 68560 et seq.; 27 28 (4) “Noncertified interpreter” means an interpreter who is not certified by the 29 Judicial Council to interpret a language designated by the Judicial Council 30 under Government Code

section 68560 et seq.; 31 32 (5) “Nonregistered interpreter” means an interpreter in a language not designated 33 by the Judicial Council who has not been qualified under the qualification 34 procedures and guidelines adopted by the Judicial Council under Government 35 Code

section 68560 et seq.; 36 37 (6) “Provisionally qualified” means an interpreter who is neither certified nor 38 registered but has been qualified under the good cause and qualification 39 procedures and guidelines adopted by the Judicial Council under Government 40 Code

section 68560 et seq.; 41 42

(7) “Temporary interpreter” means an interpreter who is not certified, registered, 1 or provisionally qualified, but is used one time, in a brief, routine matter. 2 3 (

c) Appointment of certified or registered interpreters 4 5 If a court appoints a certified or registered court interpreter, the judge in the 6 proceeding must require the following to be stated on the record: 7 8

(1) The language to be interpreted; 9 10

(2) The name of the interpreter; 11 12

(3) The interpreter’s current certification or registration number; 13 14

(4) A statement that the interpreter’s identification has been verified as required 15 by statute; 16 17

(5) A statement that the interpreter is certified or registered to interpret in the 18 language to be interpreted; and 19 20

(6) A statement that the interpreter was administered the interpreter’s oath or that 21 he or she has an oath on file with the court. 22 23 (

d) Appointment or use of noncertified or nonregistered interpreters 24 25

(1) When permissible 26 If after a diligent search a certified or registered interpreter is not available, 27 the judge in the proceeding may either appoint a noncertified or nonregistered 28 interpreter who has been provisionally qualified under (d)(3) or, in the 29 limited circumstances specified in (d)(4), may use a noncertified or 30 nonregistered interpreter who is not provisionally qualified. 31 32

(2) Required record 33 In all cases in which a noncertified or nonregistered interpreter is appointed 34 or used, the judge in the proceeding must require the following to be stated 35 on the record: 36 37 (

A) The language to be interpreted; 38 39 (

B) A finding that a certified or registered interpreter is not available and a 40 statement regarding whether a Certification of Unavailability of 41 Certified or Registered Interpreter (form INT-120) for the language to 42 be interpreted is on file for this date with the court administrator; 43

1 (

C) A finding that good cause exists to appoint a noncertified or 2 nonregistered interpreter; 3 4 (

D) The name of the interpreter; 5 6 (

E) A statement that the interpreter is not certified or registered to interpret 7 in the language to be interpreted; 8 9 (

F) A finding that the interpreter is qualified to interpret in the proceeding 10 as required in (d)(3) or (d)(4); and 11 12 (

G) A statement that the interpreter was administered the interpreter’s oath. 13 14

(3) Provisional qualification 15 16 (

A) A noncertified or nonregistered interpreter is provisionally qualified if 17 the presiding judge of the court or other judicial officer designated by 18 the presiding judge: 19 20 (

i) Finds the noncertified or nonregistered interpreter to be 21 provisionally qualified following the Procedures to Appoint a 22 Noncertified or Nonregistered Spoken Language Interpreter as 23 Either Provisionally Qualified or Temporary (form INT-100 -24 INFO); and 25 26 (ii) Signs an order allowing the interpreter to be considered for 27 appointment on Qualifications of a Noncertified or Nonregistered 28 Spoken Language Interpreter (form INT-110). The period 29 covered by this order may not exceed a maximum of six months. 30 31 (

B) To appoint a provisionally qualified interpreter, in addition to the 32 matters that must be stated on the record under (d)(2), the judge in the 33 proceeding must state on the record: 34 35 (

i) A finding that the interpreter is qualified to interpret the 36 proceeding, following procedures adopted by the Judicial Council 37 (see forms INT-100-INFO, INT-110, and INT-120); 38 39 (ii) A finding, if applicable, that good cause exists under (f)(1)(B) 40 for the court to appoint the interpreter beyond the time 41 ordinarily allowed in (f); and 42

(iii) If a party has objected to the appointment of the proposed 1 interpreter or has waived the appointment of a certified or 2 registered interpreter. 3 4

(4) Temporary use 5 At the request of an LEP person, a temporary interpreter may be used to 6 prevent burdensome delay or in other unusual circumstances if: 7 8 (

A) The judge in the proceeding finds on the record that: 9 10 (

i) The LEP person has been informed of their right to an 11 interpreter and has waived the appointment of a certified or 12 registered interpreter or an interpreter who could be 13 provisionally qualified by the presiding judge as provided in 14 (d)(3); 15 16 (ii) Good cause exists to appoint an interpreter who is not certified, 17 registered, or provisionally qualified; and 18 19 (iii) The interpreter is qualified to interpret that proceeding, 20 following procedures adopted by the Judicial Council (see 21 forms INT-100-INFO and INT-140). 22 23 (

B) The use of an interpreter under this subdivision is limited to a single 24 brief, routine matter before the court. The use of the interpreter in this 25 circumstance may not be extended to subsequent proceedings without 26 again following the procedure set forth in this subdivision. 27 28 (

e) Appointment of intermediary interpreters working between two languages 29 that do not include English 30 31 An interpreter who works as an intermediary between two languages that do not 32 include English (a relay interpreter) is not eligible to become certified or registered. 33 However, a relay interpreter can become provisionally qualified if the judge finds 34 that he or she is qualified to interpret the proceeding following procedures adopted 35 by the Judicial Council (see forms INT-100-INFO, INT-110, and INT-120). The 36 limitations in (

f) below do not apply to relay interpreters. 37 38

(

f) Limit on appointment of provisionally qualified noncertified and 1 nonregistered interpreters 2 3

(1) A noncertified or nonregistered interpreter who is provisionally qualified 4 under (d)(3) may not interpret in any trial court for more than any four 5 six-month periods, except in the following circumstances: 6 7 (

A) A noncertified interpreter of Spanish may be allowed to interpret for no 8 more than any two six-month periods in counties with a population 9 greater than 80,000. 10 11 (

B) A noncertified or nonregistered interpreter may be allowed to interpret 12 more than any four six-month periods, or any two six-month periods 13 for an interpreter of Spanish under (f)(1)(A), if the judge in the 14 proceeding makes a specific finding on the record in each case in which 15 the interpreter is sworn that good cause exists to appoint the interpreter, 16 notwithstanding the interpreter’s failure to achieve Judicial Council 17 certification. 18 19

(2) Except as provided in (f)(3), each six-month period under (f)(1) begins on the 20 date a presiding judge signs an order under (d)(3)(A)(ii) allowing the 21 noncertified or nonregistered interpreter to be considered for appointment. 22 23

(3) If an interpreter is provisionally qualified under (d)(3) in more than one court 24 at the same time, each six-month period runs concurrently for purposes of 25 determining the maximum periods allowed in this subdivision. 26 27

(4) Beginning with the second six-month period under (f)(1), a noncertified or 28 nonregistered interpreter may be appointed if he or she meets all of the 29 following conditions: 30 31 (

A) The interpreter has taken the State of California Court Interpreter 32 Written Exam at least once during the 12 calendar months before the 33 appointment; 34 35 (

B) The interpreter has taken the State of California’s court interpreter 36 ethics course for interpreters seeking appointment as a noncertified or 37 nonregistered interpreter, or is certified or registered in a different 38 language from the one in which he or she is being appointed; and 39 40 (

C) The interpreter has taken the State of California’s online court 41 interpreter orientation course, or is certified or registered in a different 42 language from the one in which he or she is being appointed. 43

(5) Beginning with the third six-month period under (f)(1), a noncertified or 2 nonregistered interpreter may be appointed if he or she meets all of the 3 following conditions: 4 5 (

A) The interpreter has taken and passed the State of California Court 6 Interpreter Written Exam with such timing that he or she is eligible to 7 take a Bilingual Interpreting Exam; and 8 9 (

B) The interpreter has taken either the Bilingual Interpreting Exam or the 10 relevant Oral Proficiency Exam(

s) for his or her language pairing at 11 least once during the 12 calendar months before the appointment. 12 13

(6) The restrictions in (f)(5)(

B) do not apply to any interpreter who seeks 14 appointment in a language pairing for which no exam is available. 15 16

(7) The restrictions in (f)(4) and (5) may be waived by the presiding judge for 17 good cause whenever there are fewer than 25 certified or registered 18 interpreters enrolled on the Judicial Council’s statewide roster for the 19 language requiring

interpretation. 20 21 Advisory Committee Comment 22 23 Subdivisions (

c) and (d)(2). When a court reporter is transcribing the proceedings, or an 24 electronic recording is being made of the proceedings, a judge may satisfy the “on the record” 25 requirement by stating the required details of the interpreter appointment in open court.

If there is 26 no court reporter and no electronic recording is being made, the “on the record” requirement may 27 be satisfied by stating the required details of the interpreter appointment and documenting them in 28 writing—such as in a minute order, the official clerk’s minutes, a formal order, or even a 29 handwritten document—that is entered in the case file. 30 31 Subdivision (d)(4). This provision is intended to allow for the one-time use of a noncertified or 32 nonregistered interpreter who is not provisionally qualified to interpret for an LEP person in a 33 courtroom event.

This provision is not intended to be used to meet the extended or ongoing 34

interpretation needs of LEP court users. 35 36 Subdivision (b)(7) and (d)(4). When determining whether the matter before the court is a “brief, 37 routine matter” for which a noncertified or nonregistered interpreter who has not been 38 provisionally qualified may be used, the judicial officer should consider the complexity of the 39 matter at issue and likelihood of potential impacts on the LEP person’s substantive rights, 40 keeping in mind the consequences that could flow from inaccurate or incomplete

interpretation of 41 the proceedings. 42 43 Rule 2.893 adopted effective January 1, 2018. 44

Rule 4.102.

Uniform bail and penalty schedules—traffic, boating, fish and game, 1 forestry, public utilities, parks and recreation, business licensing 2 3 * * * 4 5 Note: 6 Courts may obtain copies of the Uniform Bail and Penalty Schedules by contacting: 7 Criminal Justice Services 8 Judicial Council of California 9 455 Golden Gate Avenue 10 San Francisco, CA 94102-3688 11 (415) 865-7611 12 or 13 www.courts.ca.gov/7532.htm 14 15 Rule 4.102 amended effective January 1, 2018; adopted as rule 850 effective January 1, 1965; 16 previously renumbered as rule 4.102 and amended effective January 1, 2001; previously 17 amended effective January 1, 1970, January 1, 1971, July 1, 1972, January 1, 1973, January 1, 18 1974, July 1, 1975, July 1, 1979, July 1, 1980, July 1, 1981, January 1, 1983, July 1, 1984, July 1, 19 1986, January 1, 1989, January 1, 1990, January 1, 1993, January 1, 1995, January 1, 1997, 20 July 1, 2004, January 1, 2007, July 1, 2013, and January 1, 2016. 21 22 23 Rule 4.130.

Mental competency proceedings 24 25 (

a) Application 26 27

(1) This rule applies to proceedings in the superior court under Penal Code 28

section 1367 et seq. to determine the mental competency of a criminal 29 defendant. 30 31

(2) The requirements of subdivision (d)(2) apply only to a formal competency 32 evaluation ordered by the court under Penal Code

section 1369(a). 33 34

(3) The requirements of subdivision (d)(2) do not apply to a brief preliminary 35 evaluation of the defendant’s competency if: 36 37 (

A) The parties stipulate to a brief preliminary evaluation; and 38 39 (

B) The court orders the evaluation in accordance with a local rule of court 40 that specifies the content of the evaluation and the procedure for its 41 preparation and submission to the court. 42 43

(Subd (

a) amended effective January 1, 2018.) 1 2 (b)–(c) * * * 3 4 (

d) Examination of defendant after initiation of mental competency proceedings 5 6 (1) * * * 7 8

(2) Any court-appointed experts must examine the defendant and advise the 9 court on the defendant’s competency to stand trial. Experts’ reports are to be 10 submitted to the court, counsel for the defendant, and the prosecution. The 11 report must include the following: 12 13 (

A) A brief statement of the examiner’s training and previous experience as 14 it relates to examining the competence of a criminal defendant to stand 15 trial and preparing a resulting report; 16 17 (

B) A

summary of the examination conducted by the examiner on the 18 defendant, including a current diagnosis under the most recent version 19 of the Diagnostic and Statistical Manual of Mental Disorders, if 20 possible, of the defendant’s mental disorder and a

summary of the 21 defendant’s mental status; 22 23 (

C) A detailed analysis of the competence of the defendant to stand trial 24 using California’s current legal standard, including the defendant’s 25 ability or inability to understand the nature of the criminal proceedings 26 or assist counsel in the conduct of a defense in a rational manner as a 27 result of a mental disorder; 28 29 (

D) A

summary of an assessment—conducted for malingering or feigning 30 symptoms, if clinically indicated—which may include, but need not be 31 limited to, psychological testing; 32 33 (

E) Under Penal Code

section 1369, a statement on whether treatment with 34 antipsychotic or other medication is medically appropriate for the 35 defendant, whether the treatment is likely to restore the defendant to 36 mental competence, a list of likely or potential side effects of the 37 medication, the expected efficacy of the medication, possible 38 alternative treatments, whether it is medically appropriate to administer 39 antipsychotic or other medication in the county jail, and whether the 40 defendant has capacity to make decisions regarding antipsychotic or 41 other medication.

If an examining psychologist is of the opinion that a 42 referral to a psychiatrist is necessary to address these issues, the 43

psychologist must inform the court of this opinion and his or her 1 recommendation that a psychiatrist should examine the defendant; 2 3 (

F) A list of all sources of information considered by the examiner, 4 including legal, medical, school, military, regional center, employment, 5 hospital, and psychiatric records; the evaluations of other experts; the 6 results of psychological testing; police reports; criminal history; 7 statement of the defendant; statements of any witnesses to the alleged 8 crime; booking information, mental health screenings, and mental 9 health records following the alleged crime; consultation with the 10 prosecutor and defendant’s attorney; and any other collateral sources 11 considered in reaching his or her conclusion; and 12 13 (

G) A recommendation, if possible, for a placement or type of placement or 14 treatment program that is most appropriate for restoring the defendant 15 to competency. 16 17 (3) * * * 18 19 (Subd (

d) amended effective January 1, 2018.) 20 21 (e)–(f) * * * 22 23 Rule 4.130 amended effective January 1, 2018; adopted effective January 1, 2007. 24 25 26 Division 5. Sentencing-Determinate Felony Sentencing Law 27 28 Rule 4.403. Application 29 30 These rules apply to criminal cases in which the defendant is convicted of one or more 31 offenses punishable as a felony by (1) a determinate sentence imposed under Penal Code 32

part 2, title 7,

chapter 4.5 (commencing with

section 1170) and (2) an indeterminate 33 sentence imposed under

section 1168(

b) only if it is imposed relative to other offenses 34 with determinate terms or enhancements. 35 36 Rule 4.403 amended effective January 1, 2018; adopted as rule 403 effective July 1, 1977; 37 previously amended and renumbered effective January 1, 2001; previously amended effective 38 July 1, 2003, January 1, 2007, and January 1, 2017. 39 40

Advisory Committee Comment 1 2 The sentencing rules do not apply to offenses carrying a life term or other indeterminate sentences 3 for which sentence is imposed under

section 1168(b). 4 5 The operative portions of

section 1170 deal exclusively with prison sentences; and the mandate to 6 the Judicial Council in

section 1170.3 is limited to criteria affecting the length of prison sentences, 7 sentences in county jail under

section 1170(h), and the grant or denial of probation. 8 9 10 Rule 4.405.

Definitions 11 12 As used in this division, unless the context otherwise requires: 13 14 (1) * * * 15 16 (2) “Base term” is the determinate term in prison term or county jail under

section 17 1170(

h) selected from among the three possible terms prescribed by statute; or the 18 determinate term in prison term or county jail under

section 1170(

h) prescribed by 19 law statute if a range of three possible terms is not prescribed; or the indeterminate 20 term in prison prescribed by statute. 21 22 (3) * * * 23 24 (4) “Aggravation,” or “circumstances in aggravation,” “mitigation,” or “circumstances 25 in mitigation” means factors that the court may consider in its broad sentencing 26 discretion in imposing one of the three authorized terms of imprisonment referred 27 to in

section 1170(

b) authorized by statute and under these rules. 28 29 (5) “Mitigation” or circumstances in mitigation” means factors that the court may 30 consider in its broad discretion in imposing one of the three authorized terms of 31 imprisonment referred to in

section 1170(

b) or factors that may justify the court in 32 striking the additional punishment for an enhancement when the court has 33 discretion to do so. 34 35 (6)(5) “Sentence choice” means the selection of any disposition of the case that does not 36 amount to a dismissal, acquittal, or grant of a new trial. 37 38 (7)(6) “Section” means a

section of the Penal Code. 39 40 (8)(7) “Imprisonment” means confinement in a state prison or county jail under

section 41 1170(h). 42 43

(9)(8) “Charged” means charged in the indictment or information. 1 2 (10)(9) “Found” means admitted by the defendant or found to be true by the trier of fact 3 upon trial. 4 5 (11)(10) “Mandatory supervision” means the period of supervision defined in

section 6 1170(h)(5)(A), (B). 7 8 (12)(11) “Postrelease community supervision” means the period of supervision governed 9 by

section 3451 et seq. 10 11 (12) “Risk/needs assessment” means a standardized, validated evaluation tool designed 12 to measure an offender’s actuarial risk factors and specific needs that, if 13 successfully addressed, may reduce the likelihood of future criminal activity. 14 15 (13)–(16) * * * 16 17 Rule 4.405 amended effective January 1, 2018; adopted as rule 405 effective July 1, 1977; 18 previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, 19 January 1, 1991, July 1, 2003, January 1, 2007, May 23, 2007, and January 1, 2017. 20 21 Advisory Committee Comment 22 23 “Base term” is the term of imprisonment selected under

section 1170(

b) from the three possible 24 terms. (See

section 1170(a)(3); People v. Scott (1994) 9 Cal.4th 331, 349.) Following the United 25 States Supreme Court decision in Cunningham v. California (2007) 549 U.S. 270, the Legislature 26 amended the determinate sentencing law to remove the presumption that the court is to impose the 27 middle term on a sentencing triad, absent aggravating or mitigating circumstances. (See Sen.

Bill 28 40; Stats. 2007, ch. 3.) It subsequently amended sections 186.22, 186.33, 1170.1, 12021.5, 29 12022.2, and 12022.4 to eliminate the presumptive middle term for an enhancement. (See Sen. 30 Bill 150; Stats. 2009, ch. 171.) Instead of finding facts in support of a sentencing choice, courts 31 are now required to state reasons for the exercise of judicial discretion in sentencing. To comply 32 with those changes, these rules were also amended.

In light of those amendments, for clarity, the 33 phrase “base term” in (4) and (5) was replaced with “one of the three authorized prison terms.” 34 This language was subsequently changed to “three authorized terms of imprisonment” to 35 incorporate county jail sentences under

section 1170(

h) in light of more recent legislative 36 amendments to the determinate sentencing law. (See Assem. Bill 109; Stats. 2011, ch. 15.) It is an 37 open question whether the

definitions in (4) and (5) apply to enhancements for which the statute 38 provides for three possible terms. The Legislature in SB 40 amended

section 1170(

b) but did not 39 modify sections 1170.1(d), 12022.2(a), 12022.3(b), or any other

section providing for an 40 enhancement with three possible terms. The latter sections provide that “the court shall impose the 41 middle term unless there are circumstances in aggravation or mitigation.” (See, e.g.,

section 42 1170.1(d).) It is possible, although there are no cases addressing the point, that this enhancement 43

triad with the presumptive imposition of the middle term runs afoul of Cunningham. Because of 1 this open question, rule 4.428(

b) was deleted. 2 3 “Enhancement.” The facts giving rise to an enhancement, the requirements for pleading and 4 proving those facts, and the court’s authority to strike the additional term are prescribed by 5 statutes. See, for example, sections 667.5 (prior prison terms), 12022 (being armed with a firearm 6 or using a deadly weapon), 12022.5 (using a firearm), 12022.6 (excessive taking or damage), 7 12022.7 (great bodily injury), 1170.1(e) (pleading and proof), and 1385(c) (authority to strike the 8 additional punishment). Note: A consecutive sentence is not an enhancement. (See

section 9 1170.1(a); People v. Tassell (1984) 36 Cal.3d 77, 90 [overruled on other grounds in People v. 10 Ewoldt (1994) 7 Cal.4th 380, 401].) 11 12 “Sentence choice.”

Section 1170(

c) requires the judge to state reasons for the sentence choice. 13 This general requirement is discussed in rule 4.406. 14 15 “Imprisonment” in state prison or county jail under

section 1170(

h) is distinguished from 16 confinement in other types of facilities. 17 18 “Charged” and “found.” Statutes require that the facts giving rise to all enhancements be charged 19 and found. See

section 1170.1(e). 20 21 Item (13), see sections 17.5(a)(9) and 3450(b)(9). 22 23 Item (15), see

section 1229(e). 24 25 26 Rule 4.406. Reasons 27 28 (

a) How given 29 30 If the sentencing judge is required to give reasons for a sentence choice, the judge 31 must state in simple language the primary factor or factors that support the exercise 32 of discretion or, if applicable, state that the judge has no discretion. The statement 33 need not be in the language of the statute or these rules. It must be delivered orally 34 on the record. The court may give a single statement explaining the reason or 35 reasons for imposing a particular sentence or the exercise of judicial discretion, if 36 the statement identifies the sentencing choices where discretion is exercised and 37 there is no impermissible dual use of facts. 38 39 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 40 2007.) 41 42

(

b) When reasons required 1 2 Sentence choices that generally require a statement of a reason include, but are not 3 limited to: 4 5

(1) Granting probation when the defendant is presumptively ineligible for 6 probation; 7 8

(2) Imposing a prison sentence or sentence in county jail under

section 1170(h) 9 and thereby denying probation Denying probation when the defendant is 10 presumptively eligible for probation; 11 12

(3) Declining to commit an eligible juvenile found amenable to treatment to the 13 Department of Corrections and Rehabilitation, Division of Juvenile Justice an 14 eligible juvenile found amenable to treatment; 15 16

(4) Selecting one of the three authorized prison terms in prison or county jail 17 under

section 1170(

h) referred to in

section 1170(

b) for either an offense a 18 base term or an enhancement; 19 20 (5)–(6) * * * 21 22

(7) Striking the punishment for an enhancement; 23 24 (8)

(7) Waiving a restitution fine; 25 26

(9) Not committing an eligible defendant to the California Rehabilitation Center; 27 28 (10)

(8) Striking an enhancement or prior conviction allegation Granting relief 29 under

section 1385(a); and 30 31 (11)

(9) Denying mandatory supervision in the interests of justice under

section 32 1170(h)(5)(A). 33 34 (Subd (

b) amended and renumbered effective January 1, 2018; previously amended 35 effective January 1, 2001, July 1, 2003, January 1, 2006, January 1, 2007, May 23, 2007, 36 and January 1, 2017.) 37 38 Rule 4.406 amended effective January 1, 2018; adopted as rule 406 effective January 1, 1991; 39 previously amended and renumbered effective January 1, 2001; previously amended effective 40 July 1, 2003, January 1, 2006, January 1, 2007, May 23, 2007, and January 1, 2017. 41 42

Advisory Committee Comment 1 2 This rule is not intended to expand the statutory requirements for giving reasons, and is not an 3 independent

interpretation of the statutory requirements. 4 5 The court is not required to separately state the reasons for making each sentencing choice so 6 long as the record reflects the court understood it had discretion on a particular issue and its 7 reasons for making the particular choice.

For example, if the court decides to deny probation and 8 impose the upper term of punishment, the court may simply state: “I am denying probation and 9 imposing the upper term because of the extensive losses to the victim and because the defendant’s 10 record is increasing in seriousness.” It is not necessary to state a reason after exercising each 11 decision. 12 13 The court must be mindful of impermissible dual use of facts in stating reasons for sentencing 14 choices.

For example, the court is not permitted to use a reason to impose a greater term if that 15 reason also is either (1) the same as an enhancement that will be imposed, or (2) an element of the 16 crime. The court should not use the same reason to impose a consecutive sentence and to impose 17 an upper term of imprisonment. (People v. Avalos (1984) 37 Cal.3d 216, 233.) It is not improper 18 to use the same reason to deny probation and to impose the upper term. (People v. Bowen (1992) 19 11 Cal.App.4th 102, 106.) 20 21 Whenever relief is granted under

section 1385, the court’s reasons for exercising that discretion 22 must be stated orally on the record and entered in the minutes if requested by a party or if the 23 proceedings are not recorded electronically or reported by a court reporter. (Pen. Code, 24 § 1385(a).) Although no legal authority requires the court to state reasons for denying relief, such 25 a statement may be helpful in the appellate review of the exercise of the court’s discretion. 26 27 28 Rule 4.408. Criteria Listing of factors not exclusive; sequence not significant 29 30 (

a) The enumeration in these rules of some criteria for the making of discretionary 31 sentencing decisions does not prohibit the application of additional criteria 32 reasonably related to the decision being made. The listing of factors in these rules 33 for making discretionary sentencing decisions is not exhaustive and does not 34 prohibit a trial judge from using additional criteria reasonably related to the 35 decision being made. Any such additional criteria must be stated on the record by 36 the sentencing judge. 37 38 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 39 2007.) 40 41 (b) * * * 42 43

Rule 4.408 amended effective January 1, 2018; adopted as rule 408 effective July 1, 1977; 1 previously renumbered effective January 1, 2001; previously amended effective January 1, 2007. 2 3 Advisory Committee Comment 4 5 Enumerations of criteria in these rules are not exclusive. The variety of circumstances presented 6 in felony cases is so great that no listing of criteria could claim to be all-inclusive. (Cf., Evid. 7 Code, § 351.) 8 9 10 Rule 4.409.

Consideration of criteria relevant factors 11 12 Relevant criteria factors enumerated in these rules must be considered by the sentencing 13 judge, and will be deemed to have been considered unless the record affirmatively 14 reflects otherwise. 15 16 Rule 4.409 amended effective January 1, 2018; adopted as rule 409 effective July 1, 1977; 17 previously renumbered effective January 1, 2001; previously amended effective January 1, 2007. 18 19 Advisory Committee Comment 20 21 Relevant criteria factors are those applicable to the facts in the record of the case; not all criteria 22 factors will be relevant to each case.

The judge’s duty is similar to the duty to consider the 23 probation officer’s report.

Section 1203. 24 25 In deeming the sentencing judge to have considered relevant criteria factors, the rule applies the 26 presumption of Evidence Code

section 664 that official duty has been regularly performed. (See 27 People v. Moran (1970) 1 Cal.3d 755, 762 [trial court presumed to have considered referring 28 eligible defendant to California Youth Authority in absence of any showing to the contrary, citing 29 Evidence Code

section 664].) 30 31 32 Rule 4.410. General objectives in sentencing 33 34 (a) * * * 35 36 (

b) Because in some instances these objectives may suggest inconsistent dispositions, 37 the sentencing judge must consider which objectives are of primary importance in 38 the particular case. The sentencing judge should be guided by statutory statements 39 of policy, the criteria in these rules, and the any other facts and circumstances of 40 relevant to the case. 41 42

(Subd (

b) amended effective January 1, 2018; previously lettered effective July 1, 2003; 1 adopted as part of unlettered subd effective July 1, 1977; former subd (

b) amended and 2 relettered as part of subd (

a) effective July 1, 2003.) 3 4 Rule 4.410 amended effective January 1, 2018; adopted as rule 410 effective July 1, 1977; 5 previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, 6 January 1, 2007, and January 1, 2017. 7 8 Advisory Committee Comment 9 10 Statutory expressions of policy include: 11 12 Welfare and Institutions Code

section 1820 et seq., which provides partnership funding for county 13 juvenile ranches, camps, or forestry camps. 14 15

Section 1203(b)(3), which requires that eligible defendants be considered for probation and 16 authorizes probation if circumstances in mitigation are found or justice would be served. 17 18

Section 1170(a)(1), which expresses the policies of uniformity, proportionality of terms of 19 imprisonment to the seriousness of the offense, and the use of imprisonment as punishment.

It 20 also states that “the purpose of sentencing is public safety achieved through punishment, 21 rehabilitation, and restorative justice.” 22 23 Sections 17.5, 1228, and 3450, which express the policies promoting reinvestment of criminal 24 justice resources to support community-based corrections programs and evidence-based practices 25 to improve public safety through a reduction in recidivism. 26 27 Other statutory provisions that prohibit the grant of probation in particular cases. 28 29 30 Rule 4.411. Presentence investigations and reports 31 32 (

a) Eligible defendant When required 33 34 If the defendant is eligible for probation or a term of imprisonment in county jail 35 under

section 1170(h), the court must refer the matter to the probation officer for a 36 presentence investigation and report. Waivers of the presentence report should not 37 be accepted except in unusual circumstances. Except As provided in subdivision 38 (b), the court must refer the case to the probation officer for: 39 40

(1) A presentence investigation and report if the defendant: 41 42

(

A) Is statutorily eligible for probation or a term of imprisonment in county 1 jail under

section 1170(h); or 2 3 (

B) Is not eligible for probation but a report is needed to assist the court 4 with other sentencing issues, including the determination of the proper 5 amount of restitution fine; 6 7

(2) A supplemental report if a significant period of time has passed since the 8 original report was prepared. 9 10 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 11 2007, and January 15, 2015.) 12 13 (

b) Ineligible defendant Waiver of the investigation and report 14 15 Even if the defendant is not eligible for probation or a term of imprisonment in 16 county jail under

section 1170(h), the court should refer the matter to the probation 17 officer for a presentence investigation and report. The parties may stipulate to the 18 waiver of the probation officer’s investigation and report in writing or in open court 19 and entered in the minutes, and with the consent of the court. In deciding whether 20 to consent to the waiver, the court should consider whether the information in the 21 report would assist in the resolution of any current or future sentencing issues, or 22 would assist in the effective supervision of the person. A waiver under this

section 23 does not affect the requirement under

section 1203c that a probation report be 24 created when the court commits a person to state prison. 25 26 (Subd (

b) amended effective January 1, 2018; previously amended effective January 1, 27 2015.) 28 29 (

c) Supplemental reports 30 31 The court must order a supplemental probation officer’s report in preparation for 32 sentencing proceedings that occur a significant period of time after the original 33 report was prepared. 34 35 (

d) Purpose of presentence investigation report 36 37 Probation officers’ reports are used by judges in determining the appropriate term 38 of imprisonment in prison or county jail under

section 1170(

h) and by the 39 Department of Corrections and Rehabilitation, Division of Adult Operations in 40 deciding on the type of facility and program in which to place a defendant. The 41 reports are also used by courts in deciding whether probation is appropriate, 42 whether a period of mandatory supervision should be denied in the interests of 43

justice under

section 1170(h)(5)(A), and the appropriate length and conditions of 1 probation and mandatory supervision.

Section 1203c requires a probation officer’s 2 report on every person sentenced to prison; ordering the report before sentencing in 3 probation-ineligible cases will help ensure a well-prepared report. 4 5 Rule 4.411 amended effective January 1, 2018; adopted as rule 418 effective July 1, 1977; 6 previously amended and renumbered as rule 411 effective January 1, 1991; previously 7 renumbered effective January 1, 2001; previously amended effective January 1, 2006, January 1, 8 2007, and January 1, 2015. 9 10 Advisory Committee Comment 11 12

Section 1203 requires a presentence report in every felony case in which the defendant is eligible 13 for probation. Subdivision (

a) requires a presentence report in every felony case in which the 14 defendant is eligible for a term of imprisonment in county jail under

section 1170(h). Because 15 such a probation investigation and report are valuable to the judge and to the jail and prison 16 authorities, waivers of the report and requests for immediate sentencing are discouraged, even 17 when the defendant and counsel have agreed to a prison sentence or a term of imprisonment in 18 county jail under

section 1170(h). 19 20 When considering whether to waive a presentence investigation and report, courts should consider 21 that probation officers’ reports are used by (1) courts in determining the appropriate term of 22 imprisonment in prison or county jail under

section 1170(h); (2) courts in deciding whether 23 probation is appropriate, whether a period of mandatory supervision should be denied in the 24 interests of justice under

section 1170(h)(5)(A), and the appropriate length and conditions of 25 probation and mandatory supervision; (3) the probation department in supervising the defendant; 26 and (4) the Department of Corrections and Rehabilitation, Division of Adult Operations, in 27 deciding on the type of facility and program in which to place a defendant. 28 29 Notwithstanding a defendant’s statutory ineligibility for probation or term of imprisonment in 30 county jail under

section 1170(h), a presentence investigation and report should be ordered to 31 assist the court in deciding the appropriate sentence and to facilitate compliance with

section 32 1203c. 33 34 This rule does not prohibit pre-conviction, pre-plea reports as authorized by

section 1203.7. 35 36 Subdivision (c) (a)(2) is based on case law that generally requires a supplemental report if the 37 defendant is to be resentenced a significant time after the original sentencing, as, for example, 38 after a remand by an appellate court, or after the apprehension of a defendant who failed to appear 39 at sentencing. The rule is not intended to expand on the requirements of those cases. 40 41 The rule does not require a new investigation and report if a recent report is available and can be 42 incorporated by reference and there is no indication of changed circumstances. This is particularly 43

true if a report is needed only for the Department of Corrections and Rehabilitation because the 1 defendant has waived a report and agreed to a prison sentence. If a full report was prepared in 2 another case in the same or another jurisdiction within the preceding six months, during which 3 time the defendant was in custody, and that report is available to the Department of Corrections 4 and Rehabilitation, it is unlikely that a new investigation is needed. 5 6 This rule does not prohibit pre-conviction, pre-plea reports as authorized by

section 1203.7. 7 8 9 Rule 4.411.5. Probation officer’s presentence investigation report 10 11 (

a) Contents 12 13 A probation officer’s presentence report in a felony case must include at least the 14 following: 15 16 (1)–(4) * * * 17 18

(5) Information concerning the victim of the crime, including: 19 20 (A) * * * 21 22 (

B) Any physical or psychological injuries suffered by the victim; 23 24 (B)(

C) The amount of the victim’s monetary loss, and whether or not it is 25 covered by insurance; and 26 27 (C)(

D) Any information required by law. 28 29 (6)–(7) * * * 30 31

(8) Any available, reliable risk/needs assessment information. The defendant’s 32 relevant risk factors and needs as identified by a risk/needs assessment, if 33 such an assessment is performed, and such other information from the 34 assessment as may be requested by the court. 35 36 (9)–(12) * * * 37 38

(13) Information pursuant to Penal Code

section 29810(c): 39 40 (

A) Whether the defendant has properly complied with Penal Code

section 41 29810 by relinquishing firearms identified by the probation officer’s 42

investigation or declared by the defendant on the Prohibited Persons 1 Relinquishment Form, and 2 3 (

B) Whether the defendant has timely submitted a completed Prohibited 4 Persons Relinquishment Form. 5 6 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 7 1991, July 1, 2003, January 1, 2007, January 1, 2015, and January 1, 2017.) 8 9 (b)–(c) * * * 10 11 Rule 4.411.5 amended effective January 1, 2018; adopted as rule 419 effective July 1, 1981; 12 previously amended and renumbered as rule 411.5 effective January 1, 1991; previously 13 renumbered effective January 1, 2001; previously amended effective July 1, 2003, January 1, 14 2007, January 1, 2015, and January 1, 2017. 15 16 17 Rule 4.412. Reasons—agreement to punishment as an adequate reason and as 18 abandonment of certain claims 19 20 (

a) Defendant’s agreement as reason 21 22 It is an adequate reason for a sentence or other disposition that the defendant, 23 personally and by counsel, has expressed agreement that it be imposed and the 24 prosecuting attorney has not expressed an objection to it. The agreement and lack of 25 objection must be recited on the record. This

section does not authorize a sentence 26 that is not otherwise authorized by law. 27 28 (

b) Agreement to sentence abandons

section 654 claim 29 30 By agreeing to a specified term in prison or county jail under

section 1170(h) 31 personally and by counsel, a defendant who is sentenced to that term or a shorter 32 one abandons any claim that a component of the sentence violates

section 654’s 33 prohibition of double punishment, unless that claim is asserted at the time the 34 agreement is recited on the record. 35 36 Advisory Committee Comment 37 38 Subdivision (a). This subdivision is intended to relieve the court of an obligation to give reasons 39 if the sentence or other disposition is one that the defendant has accepted and to which the 40 prosecutor expresses no objection. The judge may choose to give reasons for the sentence even 41 though not obligated to do so. 42 43

Judges should also be aware that there may be statutory limitations on “plea bargaining” or on the 1 entry of a guilty plea on the condition that no more than a particular sentence will be imposed. At 2 the time this comment was drafted, Such limitations appeared, for example, in sections 1192.5 3 and 1192.7. 4 5 Subdivision (b). This subdivision is based on the fact that a defendant who, with the advice of 6 counsel, expresses agreement to a specified prison term of imprisonment normally is 7 acknowledging that the term is appropriate for his or her total course of conduct.

This subdivision 8 applies to both determinate and indeterminate terms. 9 10 11 Rule 4.413. Probation eligibility when probation is limited Grant of probation when 12 defendant is presumptively ineligible for probation 13 14 (

a) Consideration of eligibility 15 16 The court must determine whether the defendant is eligible for probation. In most 17 cases, the defendant is presumptively eligible for probation; in some cases, the 18 defendant is presumptively ineligible; and in some cases, probation is not allowed. 19 20 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 21 2007.) 22 23 (

b) Probation in unusual cases when defendant is presumptively ineligible 24 25 If the defendant comes under a statutory provision prohibiting probation “except in 26 unusual cases where the interests of justice would best be served,” or a substantially 27 equivalent provision, the court should apply the criteria in (

c) to evaluate whether 28 the statutory limitation on probation is overcome; and if it is, the court should then 29 apply the criteria in rule 4.414 to decide whether to grant probation. 30 31 (Subd (

b) amended effective January 1, 2018; previously amended effective July 1, 2003, 32 and January 1, 2007.) 33 34 (

c) Facts showing unusual case Factors overcoming the presumption of 35 ineligibility 36 37 The following facts factors may indicate the existence of an unusual case in which 38 probation may be granted if otherwise appropriate: 39 40

(1) Facts Factors relating to basis for limitation on probation 41 42

A fact factor or circumstance indicating that the basis for the statutory 1 limitation on probation, although technically present, is not fully applicable to 2 the case, including: 3 4 (

A) The fact factor or circumstance giving rise to the limitation on 5 probation is, in this case, substantially less serious than the 6 circumstances typically present in other cases involving the same 7 probation limitation, and the defendant has no recent record of 8 committing similar crimes or crimes of violence; and 9 10 (B) * * * 11 12

(2) Facts Factors limiting defendant’s culpability 13 14 A fact factor or circumstance not amounting to a defense, but reducing the 15 defendant’s culpability for the offense, including: 16 17 (A)–(C) * * * 18 19

(3) Results of risk/needs assessment 20 21 Along with all other relevant information in the case, the court may consider 22 the results of a risk/needs assessment of the defendant, if one was performed. 23 The weight of a risk/needs assessment is for the court to consider in its 24 sentencing discretion. 25 26 (Subd (

c) amended effective January 1, 2018; previously amended effective January 1, 27 2007.) 28 29 Rule 4.413 amended effective January 1, 2018; adopted as rule 413 effective January 1, 1991; 30 previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, and 31 January 1, 2007. 32 33 Advisory Committee Comment 34 35 Subdivision (c)(3). Standard 4.35 of the California Standards of Judicial Administration provides 36 courts with additional guidance on using the results of a risk/needs assessment at sentencing. 37 38 39 Rule 4.415. Criteria affecting the imposition of mandatory supervision 40 41 (a)–(b) * * * 42 43

(

c) Criteria affecting conditions and length of mandatory supervision 1 2 In exercising discretion to select the appropriate period and conditions of 3 mandatory supervision, factors the court may consider include: 4 5 (1)–(7) * * * 6 7

(8) The defendant’s specific needs and risk factors identified by a risk/needs 8 assessment, if available; and 9 10 (9) * * * 11 12 (Subd (

c) amended effective January 1, 2018.) 13 14 (d) * * * 15 16 Rule 4.415 amended effective January 1, 2018; adopted effective January 1, 2015; previously 17 amended effective January 1, 2017. 18 19 Advisory Committee Comment 20 21 * * * 22 23 Subdivision (c)(8). Standard 4.35 of the California Standards of Judicial Administration provides 24 courts with additional guidance on using the results of a risk/needs assessment at sentencing. 25 26 27 Rule 4.420. Selection of term of imprisonment 28 29 (a)–(b) * * * 30 31 (

c) To comply with

section 1170(b), a fact charged and found as an enhancement may 32 be used as a reason for imposing the upper a particular term only if the court has 33 discretion to strike the punishment for the enhancement and does so. The use of a 34 fact of an enhancement to impose the upper term of imprisonment is an adequate 35 reason for striking the additional term of imprisonment, regardless of the effect on 36 the total term. 37 38 (Subd (

c) amended effective January 1, 2018; adopted effective January 1, 1991.) 39 40 (

d) A fact that is an element of the crime upon which punishment is being imposed 41 may not be used to impose a greater particular term. 42 43

(Subd (

d) amended effective January 1, 2018; adopted effective January 1, 1991; 1 previously amended effective January 1, 2007, May 23, 2007, and January 1, 2008.) 2 3 (e) * * * 4 5 Rule 4.420 amended effective January 1, 2018; adopted as rule 439 effective July 1, 1977; 6 previously amended and renumbered as rule 420 effective January 1, 1991; previously 7 renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1, 8 2007, May 23, 2007, January 1, 2008, and January 1, 2017. 9 10 11 Rule 4.421. Circumstances in aggravation 12 13 Circumstances in aggravation include factors relating to the crime and factors relating to 14 the defendant. 15 16 (a)–(b) * * * 17 18 (

c) Other factors 19 20 Any other factors statutorily declared to be circumstances in aggravation or that 21 reasonably relate to the defendant or the circumstances under which the crime was 22 committed. 23 24 (Subd (

c) amended effective January 1, 2018; adopted effective January 1, 1991; 25 previously amended effective January 1, 2007, and May 23, 2007.) 26 27 Rule 4.421 amended effective January 1, 2018; adopted as rule 421 effective July 1, 1977; 28 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 29 January 1, 2007, May 23, 2007, and January 1, 2017. 30 31 Advisory Committee Comment 32 33 Circumstances in aggravation may justify imposition of the middle or upper of three possible 34 terms of imprisonment. (Section 1170(b).) 35 36 The list of circumstances in aggravation includes some facts that, if charged and found, may be 37 used to enhance the sentence.

The This rule does not deal with the dual use of the facts; the 38 statutory prohibition against dual use is included, in part, in the comment to rule 4.420. 39 40 Conversely, such facts as infliction of bodily harm, being armed with or using a weapon, and a 41 taking or loss of great value may be circumstances in aggravation even if not meeting the 42 statutory

definitions for enhancements or charged as an enhancement. 43

1 Facts concerning the defendant’s prior record and personal history may be considered. By 2 providing that the defendant’s prior record and simultaneous convictions of other offenses may 3 not be used both for enhancement and in aggravation,

section 1170(

b) indicates that these and 4 other facts extrinsic to the commission of the crime may be considered in aggravation in 5 appropriate cases. This resolves whatever ambiguity may arise from the phrase “circumstances in 6 aggravation . . . of the crime.” The phrase “circumstances in aggravation or mitigation of the 7 crime” necessarily alludes to extrinsic facts. 8 9 Refusal to consider the personal characteristics of the defendant in imposing sentence would also 10 may raise serious constitutional questions.

The California Supreme Court has held that sentencing 11 decisions must take into account “the nature of the offense and/or the offender, with particular 12 regard to the degree of danger both present to society.” (In re Rodriguez (1975) 14 Cal.3d 639, 13 654, quoting In re Lynch (1972) 8 Cal.3d 410, 425.) In In re Rodriguez the court released 14 petitioner from further incarceration because “[I]it appears that neither the circumstances of his 15 offense nor his personal characteristics establish a danger to society sufficient to justify such a 16 prolonged period of imprisonment.” (Id. at p. 655, fn. omitted, italics added.) (Footnote omitted, 17 emphasis added.) “For the determination of sentences, justice generally requires . . . that there be 18 taken into account the circumstances of the offense together with the character and propensities of 19 the offender.” (Pennsylvania ex rel.

Sullivan v. Ashe (1937) 302 U.S. 51, 55, quoted with 20 approval in Gregg v. Georgia (1976) 428 U.S. 153, 189.) 21 22 The scope of “circumstances in aggravation or mitigation” under

section 1170(

b) is, therefore, 23 coextensive with the scope of inquiry under the similar phrase in

section 1203. 24 25 The 1990 amendments to this rule and the comment included the deletion of most

section 26 numbers. These changes recognize changing statutory

section numbers and the fact that there are 27 numerous additional code sections related to the rule, including numerous statutory enhancements 28 enacted since the rule was originally adopted. 29 30 Former subdivision (a)(4), concerning multiple victims, was deleted to avoid confusion; cases in 31 which that possible circumstance in aggravation was relied on were frequently reversed. Some of 32 the cases that had relied on that circumstance in aggravation were reversed on appeal because 33 there was only a single victim in a particular count. 34 35 Old age or youth of the victim may be circumstances in aggravation; see

section 1170.85(b). 36 Other statutory circumstances in aggravation are listed, for example, in sections 422.76, 1170.7, 37 1170.71, 1170.8, and 1170.85. 38 39 40

Rule 4.423. Circumstances in mitigation 1 2 Circumstances in mitigation include factors relating to the crime and factors relating to 3 the defendant. 4 5 (a)–(b) * * * 6 7 (

c) Other factors 8 9 Any other factors statutorily declared to be circumstances in mitigation or that 10 reasonably relate to the defendant or the circumstances under which the crime was 11 committed. 12 13 (Subd (

c) adopted effective January 1, 2018.) 14 15 Rule 4.423 amended effective January 1, 2018; adopted as rule 423 effective July 1, 1977; 16 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 17 July 1, 1993, January 1, 2007, May 23, 2007, and January 1, 2017. 18 19 Advisory Committee Comment 20 21 See comment to rule 4.421. 22 23 This rule applies both to mitigation for purposes of motions under

section 1170(

b) and to 24 circumstances in mitigation justifying the court in striking the additional punishment provided for 25 an enhancement. 26 27 Some listed circumstances can never apply to certain enhancements; for example, “the amounts 28 taken were deliberately small” can never apply to an excessive taking under

section 12022.6, and 29 “no harm was done” can never apply to infliction of great bodily injury under

section 12022.7. In 30 any case, only the facts present may be considered for their possible effect in mitigation. 31 32 See also rule 4.409; only relevant criteria need be considered. 33 34 Since only the fact of restitution is considered relevant to mitigation, no reference to the 35 defendant’s financial ability is needed. The omission of a comparable factor from rule 4.421 as a 36 circumstance in aggravation is deliberate. 37 38 39 Rule 4.425. Criteria Factors affecting concurrent or consecutive sentences 40 41 Criteria Factors affecting the decision to impose consecutive rather than concurrent 42 sentences include: 43

1 (

a) Criteria Facts relating to crimes 2 3 Facts relating to the crimes, including whether or not: 4 5

(1) The crimes and their objectives were predominantly independent of each 6 other; 7 8

(2) The crimes involved separate acts of violence or threats of violence; or 9 10

(3) The crimes were committed at different times or separate places, rather than 11 being committed so closely in time and place as to indicate a single period of 12 aberrant behavior. 13 14 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 15 1991, and January 1, 2007.) 16 17 (

b) Other criteria facts and limitations 18 19 Any circumstances in aggravation or mitigation may be considered in deciding 20 whether to impose consecutive rather than concurrent sentences, except: 21 22

(1) A fact used to impose the upper term; 23 24

(2) A fact used to otherwise enhance the defendant’s sentence in prison or 25 county jail under

section 1170(h); and 26 27

(3) A fact that is an element of the crime may not be used to impose consecutive 28 sentences. 29 30 Subd (

b) amended effective January 1, 2018; previously amended effective January 1, 31 1991, January 1, 2007, and January 1, 2017.) 32 33 Rule 4.425 amended effective January 1, 2018; adopted as rule 425 effective July 1, 1977; 34 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 35 January 1, 2007, and January 1, 2017. 36 37 38 Rule 4.428. Criteria Factors affecting imposition of enhancements 39 40 (

a) Enhancements punishable by one of three terms 41 42

If an enhancement is punishable by one of three terms, the court must, in its 1 discretion, impose the term that best serves the interest of justice and state the 2 reasons for its sentence choice on the record at the time of sentencing. In exercising 3 its discretion in selecting the appropriate term, the court may consider factors in 4 mitigation and aggravation as described in these rules or any other factor authorized 5 by rule 4.408. 6 7 If the judge has statutory discretion to strike the additional term for an enhancement 8 in the furtherance of justice under

section 1385(

c) or based on circumstances in 9 mitigation, the court may consider and apply any of the circumstances in mitigation 10 enumerated in these rules or, under rule 4.408, any other reasonable circumstances 11 in mitigation or in the furtherance of justice. 12 13 The judge should not strike the allegation of the enhancement. 14 15 (Subd (

a) was adopted effective January 1, 2018.) 16 17 (

b) Striking enhancements under

section 1385 18 19 If the court has discretion under

section 1385(

a) to strike an enhancement in the 20 interests of justice, the court also has the authority to strike the punishment for the 21 enhancement under

section 1385(c). In determining whether to strike the entire 22 enhancement or only the punishment for the enhancement, the court may consider 23 the effect that striking the enhancement would have on the status of the crime as a 24 strike, the accurate reflection of the defendant’s criminal conduct on his or her 25 record, the effect it may have on the award of custody credits, and any other 26 relevant consideration. 27 28 (Subd (

b) was adopted effective January 1, 2018.) 29 30 Rule 4.428 amended effective January 1, 2018; adopted as rule 428 effective January 1, 1991; 31 previously renumbered effective January 1, 2001; previously amended effective January 1, 1998, 32 July 1, 2003, January 1, 2007, May 23, 2007, January 1, 2008, and January 1, 2011. 33 34 35 Rule 4.433. Matters to be considered at time set for sentencing 36 37 (a) * * * 38 39 (

b) If the imposition of a sentence is to be suspended during a period of probation after 40 a conviction by trial, the trial judge must identify and state circumstances that 41 would justify imposition of one of the three authorized terms of imprisonment 42 referred to in

section 1170(b), or any enhancement, if probation is later revoked. 43

The circumstances identified and stated by the judge must be based on evidence 1 admitted at the trial or other circumstances properly considered under rule 4.420(b). 2 3 (Subd (

b) amended effective January 1, 2018; previously amended effective July 28, 1977, 4 January 1, 2007, May 23, 2007, January 1, 2008, and January 1, 2017.) 5 6 (

c) If a sentence of imprisonment is to be imposed, or if the execution of a sentence of 7 imprisonment is to be suspended during a period of probation, the sentencing judge 8 must: 9 10

(1) Determine, under

section 1170(b), whether to impose one of the three 11 authorized terms of imprisonment referred to in

section 1170(b), or any 12 enhancement, and state on the record the reasons for imposing that term; 13 14 (Subd (

c) amended effective January 1, 2018; previously amended effective July 28, 1977, 15 July 1, 2003, January 1, 2007, May 23, 2007, and January 1, 2017.) 16 17 (2)–(5) * * * 18 19 (d) * * * 20 21 (

e) When a sentence of imprisonment is imposed under (

c) or under rule 4.435, the 22 sentencing judge must inform the defendant: 23 24 (1)–(2) * * * 25 26

(3) Of any period of mandatory supervision imposed under

section 27 1170(h)(5)(A), and (B), in addition to any period imprisonment for a 28 violation of mandatory supervision. 29 30 (Subd (

e) amended effective January 1, 2018; previously amended effective July 28, 1977, 31 January 1, 1979, July 1, 2003, January 1, 2007, and January 1, 2017.) 32 33 Rule 4.433 amended effective January 1, 2018; adopted as rule 433 effective July 1, 1977; 34 previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, 35 January 1, 1979, July 1, 2003, January 1, 2007, May 23, 2007, January 1, 2008, and January 1, 36 2017. 37 38 39

Rule 4.435. Sentencing on revocation of probation, mandatory supervision, and 1 postrelease community supervision 2 3 (

a) When the defendant violates the terms of probation, mandatory supervision, or 4 postrelease community supervision or is otherwise subject to revocation of 5 probation supervision, the sentencing judge may make any disposition of the case 6 authorized by statute. In deciding whether to permanently revoke supervision, the 7 judge may consider the nature of the violation and the defendant’s past 8 performance on supervision. 9 10 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 11 1991.) 12 13 (

b) On revocation and termination of probation supervision under

section 1203.2, when 14 the sentencing judge determines that the defendant will be committed to prison or 15 county jail under

section 1170(h): 16 17

(1) If the imposition of sentence was previously suspended, the judge must 18 impose judgment and sentence after considering any findings previously 19 made and hearing and determining the matters enumerated in rule 4.433(c). 20 The length of the sentence must be based on circumstances existing at the 21 time probation supervision was granted, and subsequent events may not be 22 considered in selecting the base term or in deciding whether to strike the 23 additional punishment for enhancements charged and found. 24 25 (2) * * * 26 27 (Subd (

b) amended effective January 1, 2018; previously amended effective July 1, 2003, 28 January 1, 2006, January 1, 2007, and January 1, 2017.) 29 30 Rule 4.435 amended effective January 1, 2018; adopted as rule 435 effective July 1, 1977; 31 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 32 July 1, 2003, January 1, 2006, January 1, 2007, and January 1, 2017. 33 34 Advisory Committee Comment 35 36 Subdivision (

a) makes it clear that there is no change in the court’s power, on finding cause to 37 revoke and terminate probation supervision under

section 1203.2(a), to continue the defendant on 38 probation supervision. 39 40 The restriction of subdivision (b)(1) is based on In re Rodriguez (1975) 14 Cal.3d 639, 652: 41 “[T]he primary term must reflect the circumstances existing at the time of the offense.” 42 43

A judge imposing imprisonment on revocation of probation will have the power granted by 1

section 1170(

d) to recall the commitment on his or her own motion within 120 days after the date 2 of commitment, and the power under

section 1203.2(

e) to set aside the revocation of probation, 3 for good cause, within 30 days after the court has notice that execution of the sentence has 4 commenced. 5 6 Consideration of conduct occurring after the granting of probation should be distinguished from 7 consideration of preprobation conduct that is discovered after the granting of an order of 8 probation and before sentencing following a revocation and termination of probation.

If the 9 preprobation conduct affects or nullifies a determination made at the time probation was granted, 10 the preprobation conduct may properly be considered at sentencing following revocation and 11 termination of probation. (See People v. Griffith (1984) 153 Cal.App.3d 796, 801.) While People 12 v. Griffith refers only to probation, this rule likely will apply to any form of supervision. 13 14 15 Rule 4.437. Statements in aggravation and mitigation 16 17 (a)–(e) * * * 18 19 Advisory Committee Comment 20 21

Section 1170(

b) states in part: 22 23 “At least four days prior to the time set for imposition of judgment, either party or the victim, or 24 the family of the victim if the victim is deceased, may submit a statement in aggravation or 25 mitigation to dispute facts in the record or the probation officer’s report, or to present additional 26 facts.” 27 28 This provision means that the statement is a document giving notice of intention to dispute 29 evidence in the record or the probation officer’s report, or to present additional facts. 30 31 The statement itself cannot be the medium for presenting new evidence, or for rebutting 32 competent evidence already presented, because the statement is a unilateral presentation by one 33 party or counsel that will not necessarily have any indicia of reliability.

To allow its factual 34 assertions to be considered in the absence of corroborating evidence would, therefore, constitute a 35 denial of due process of law in violation of the United States (14th Amend.) and California (art. I, 36 § 7) Constitutions. 37 38 “[I]t is now clear that the sentencing process, as well as the trial itself, must satisfy the 39 requirements of the Due Process Clause.

Even though the defendant has no substantive right to a 40 particular sentence within the range authorized by statute, the sentencing is a critical stage of the 41 criminal proceeding at which he is entitled to the effective assistance of counsel . . . . The 42

defendant has a legitimate interest in the character of the procedure which leads to the imposition 1 of sentence . . . .” Gardner v. Florida (1977) 430 U.S. 349, 358. 2 3 The use of probation officers’ reports is permissible because the officers are trained objective 4 investigators. Williams v. New York (1949) 337 U.S. 241. Compare sections 1203 and 1204. 5 People v. Peterson (1973) 9 Cal.3d 717, 727, expressly approved the holding of United States v. 6 Weston (9th Cir. 1971) 448 F.2d 626 that due process is offended by sentencing on the basis of 7 unsubstantiated allegations that were denied by the defendant.

Cf., In re Hancock (1977) 67 8 Cal.App.3d 943, 949. 9 10 The requirement that the statement include notice of intention to rely on new evidence will 11 enhance fairness to both sides by avoiding surprise and helping to ensure that the time limit on 12 pronouncing sentence is met. 13 14 15 Rule 4.447. Limitations on enhancements Sentencing of enhancements 16 17 No finding of an enhancement may be stricken or dismissed because imposition of the 18 term either is prohibited by law or exceeds limitations on the imposition of multiple 19 enhancements.

The sentencing judge must impose sentence for the aggregate term of 20 imprisonment computed without reference to those prohibitions and limitations, and must 21 thereupon stay execution of so much of the term as is prohibited or exceeds the applicable 22 limit. The stay will become permanent on the defendant’s service of the portion of the 23 sentence not stayed. 24 25 (

a) Enhancements resulting in unlawful sentences 26 27 A court may not strike or dismiss an enhancement solely because imposition of the 28 term is prohibited by law or exceeds limitations on the imposition of multiple 29 enhancements. Instead, the court must: 30 31

(1) Impose a sentence for the aggregate term of imprisonment computed without 32 reference to those prohibitions or limitations; and 33 34

(2) Stay execution of the part of the term that is prohibited or exceeds the 35 applicable limitation. The stay will become permanent once the defendant 36 finishes serving the part of the sentence that has not been stayed. 37 38 (Subd (

a) adopted effective January 1, 2018.) 39 40 (

b) Multiple enhancements 41 42

If a defendant is convicted of multiple enhancements of the same type, the court 1 must either sentence each enhancement or, if authorized, strike the enhancement or 2 its punishment. While the court may strike an enhancement, the court may not stay 3 an enhancement except as provided in (

a) or as authorized by

section 654. 4 5 (Subd (

b) adopted effective January 1, 2018.) 6 7 Rule 4.447 amended effective January 1, 2018; adopted as rule 447 effective July 1, 1977; 8 previously amended and renumbered effective January 1, 2001; previously amended effective 9 July 28, 1977, January 1, 1991, July 1, 2003, and January 1, 2007. 10 11 Advisory Committee Comment 12 13 Subdivision (a). Statutory restrictions may prohibit or limit the imposition of an enhancement in 14 certain situations. (See, for example, sections 186.22(b)(1), 667(a)(2), 667.61(f), 1170.1(

f) and 15 (g), 12022.53(e)(2) and (f), and Vehicle Code

section 23558.) 16 17 Present practice of staying execution is followed to avoid violating a statutory prohibition or 18 exceeding a statutory limitation, while preserving the possibility of imposition of the stayed 19 portion should a reversal on appeal reduce the unstayed portion of the sentence. (See People v. 20 Gonzalez (2008) 43 Cal.4th 1118, 1129–1130; People v. Niles (1964) 227 Cal.App.2d 749, 756.) 21 22 Only the portion of a sentence or component thereof that exceeds a limitation is prohibited, and 23 this rule provides a procedure for that situation. This rule applies to both determinate and 24 indeterminate terms. 25 26 Subdivision (b). A court may stay an enhancement if

section 654 applies. (See People v. Bradley 27 (1998) 64 Cal.App.4th 386; People v. Haykel (2002) 96 Cal.App.4th 146, 152.) 28 29 30 Rule 4.451. Sentence consecutive to or concurrent with indeterminate term or to 31 term in other jurisdiction 32 33 (

a) When a defendant is sentenced under

section 1170 and the sentence is to run 34 consecutively to or concurrently with a sentence imposed under

section 1168(

b) in 35 the same or another proceeding, the judgment must specify the determinate term 36 imposed under

section 1170 computed without reference to the indeterminate 37 sentence, must order that the determinate term be served consecutively to or 38 concurrently with the sentence under

section 1168(b), and must identify the 39 proceedings in which the indeterminate sentence was imposed. The term under 40

section 1168(b), and the date of its completion or parole date of parole or 41 postrelease community supervision, and the sequence in which the sentences are 42

deemed or served, will be determined by correctional authorities as provided by 1 law. 2 3 Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 4 1979, July 1, 2003, and January 1. 2007.) 5 6 (

b) When a defendant is sentenced under sections 1168 or 1170 and the sentence is to 7 run consecutively to or concurrently with a sentence imposed by a court of the 8 United States or of another state or territory, the judgment must specify the 9 determinate term imposed under sections 1168(

b) or 1170 computed without 10 reference to the sentence imposed by the other jurisdiction, must order that the 11 determinate term be served commencing on the completion of the sentence imposed 12 by the other jurisdiction, and must identify the other jurisdiction and the 13 proceedings in which the other sentence was imposed, and must indicate whether 14 the sentences are imposed concurrently or consecutively. If the term imposed is to 15 be served consecutively to the term imposed by the other jurisdiction, the court 16 must order that the California term be served commencing on the completion of the 17 sentence imposed by the other jurisdiction. 18 19 (Subd (

b) amended effective January 1, 2018; previously amended January 1, 2007.) 20 21 Rule 4.451 amended effective January 1, 2018; adopted as rule 451 effective July 1, 1977; 22 previously renumbered effective January 1, 2001; previously amended effective January 1, 1979, 23 July 1, 2003, and January 1, 2007. 24 25 Advisory Committee Comment 26 27 Subdivision (a). The provisions of

section 1170.1(a), which use a one-third formula to calculate 28 subordinate consecutive terms, can logically be applied only when all the sentences are imposed 29 under

section 1170. Indeterminate sentences are imposed under

section 1168(b). Since the 30 duration of the indeterminate term cannot be known to the court, subdivision (

a) states the only 31 feasible mode of sentencing. (See People v. Felix (2000) 22 Cal.4th 651, 654–657; People v. 32 McGahuey (1981) 121 Cal.App.3d 524, 530–532.) 33 34 Subdivision (b). On the authority to sentence consecutively to the sentence of another 35 jurisdiction and the effect of such a sentence, see In re Helpman (1968) 267 Cal.App.2d 307 and 36 cases cited at note 3, id. at page 310, footnote 3. The mode of sentencing required by subdivision 37 (

b) is necessary to avoid the illogical conclusion that the total of the consecutive sentences will 38 depend on whether the other jurisdiction or California is the first to pronounce judgment. 39 40 41

Rule 4.452. Determinate sentence consecutive to prior determinate sentence 1 2 If a determinate sentence is imposed under

section 1170.1(

a) consecutive to one or more 3 determinate sentences imposed previously in the same court or in other courts, the court 4 in the current case must pronounce a single aggregate term, as defined in

section 5 1170.1(a), stating the result of combining the previous and current sentences. In those 6 situations: 7 8 (1) * * * 9 10

(2) The judge in the current case must make a new determination of which count, in the 11 combined cases, represents the principal term, as defined in

section 1170.1(a). The 12 principal term is the term with the greatest punishment imposed including conduct 13 enhancements. If two terms of imprisonment have the same punishment, either 14 term may be selected as the principal term. 15 16

(3) Discretionary decisions of the judges in the previous cases may not be changed by 17 the judge in the current case. Such decisions include the decision to impose one of 18 the three authorized terms of imprisonment referred to in

section 1170(b), making 19 counts in prior cases concurrent with or consecutive to each other, or the decision 20 that circumstances in mitigation or in the furtherance of justice justified striking the 21 punishment for an enhancement. However, if a previously designated principal term 22 becomes a subordinate term after the resentencing, the subordinate term will be 23 limited to one-third the middle base term as provided in

section 1170.1(a). 24 25 Rule 4.452 amended effective January 1, 2018; adopted as rule 452 effective January 1, 1991; 26 previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, 27 January 1, 2007, May 23, 2007, and January 1, 2017. 28 29 Rule 8.25. Service, filing, and filing fees 30 31 (a)–(b) * * * 32 33 (

c) Filing fees 34 35 (1)–(3) * * * 36 37

(4) If the party fails to take the action specified in a notice given under (2)(3), the 38 reviewing court may strike the document, but may vacate the striking of the 39 document for good cause. 40 41 (Subd (

c) amended effective January 1, 2018; adopted effective October 28, 2011.) 42 43

Rule 8.25 amended effective January 1, 2018; adopted as rule 40.1 effective January 1, 2005; 1 previously amended and renumbered effective January 1, 2007; previously amended effective 2 January 1, 2009, July 1, 2010, January 1, 2011, October 28, 2011, and July 1, 2012. 3 4 Rule 8.36. Substituting parties; substituting or withdrawing attorneys 5 6 (a)–(b) * * * 7 8 (

c) Withdrawing attorney 9 10

(1) An attorney may request withdrawal by filing a motion to withdraw. Unless 11 the court orders otherwise, the motion need be served only on the party 12 represented and the attorneys directly affected. 13 14

(2) The proof of service need not include the address of the party represented. 15 But if the court grants the motion, the withdrawing attorney must promptly 16 provide the court and the opposing party with the party’s current or last 17 known address and telephone number. 18 19

(3) In all appeals and in original proceedings related to a superior court 20 proceeding, the reviewing court clerk must notify the superior court of any 21 ruling on the motion. 22 23

(4) If the motion is filed in any proceeding pending in the Supreme Court after 24 grant of review, the clerk/executive officer of the Supreme Court clerk must 25 also notify the Court of Appeal of any ruling on the motion. 26 27 (Subd (

c) amended effective January 1, 2018.) 28 29 Rule 8.36 amended effective January 1, 2018; repealed and adopted as rule 48 effective January 30 1, 2005; renumbered effective January 1, 2007. 31 32 Rule 8.100. Filing the appeal 33 34 (a) * * * 35 36 (

b) Fee and deposit 37 38

(1) Unless otherwise provided by law, the notice of appeal must be accompanied 39 by the $775 filing fee under Government Code sections 68926 and 40 68926.1(b), an application for a waiver of court fees and costs on appeal 41 under rule 8.26, or an order granting such an application. The fee may be paid 42 by check or money order payable to “Clerk/Executive Officer, Court of 43

Appeal”; if the fee is paid in cash, the clerk must give a receipt. The fee may 1 also be paid by any method permitted by the court pursuant to rules 2.258 and 2 8.78. 3 4

(2) The appellant must also deposit $100 with the superior court clerk as required 5 under Government Code

section 68926.1, unless otherwise provided by law 6 or the superior court waives the deposit. 7 8

(3) The clerk must file the notice of appeal even if the appellant does not present 9 the filing fee, the deposit, or an application for, or order granting, a waiver of 10 fees and costs. 11 12 (Subd (

b) amended effective January 1, 2018; previously amended effective August 17, 13 2003, January 1, 2007, July 1, 2009, July 27, 2012, and January 1, 2016.) 14 15 (c)–(g) * * * 16 17 Rule 8.100 amended effective January 1, 2018; repealed and adopted as rule 1 effective January 18 1, 2002; previously amended and renumbered as rule 8.100 effective January 1, 2007; previously 19 amended effective January 1, 2003, August 17, 2003, January 1, 2008, July 1, 2009, July 27, 20 2012, January 1, 2014, and January 1, 2016. 21 22 Advisory Committee Comment 23 24 Subdivision (a). * * * 25 26 Subdivision (b).

In the interest of consistency, subdivision (b)(1) recommends a preferred 27 wording—“Clerk, Court of Appeal”—for the name of the payee of checks or money orders for 28 the filing fee. The provision is not mandatory. 29 30 Subdivision (c)(2). * * * 31 32 Subdivision (e). * * * 33 34 Rule 8.137. Settled statement 35 36 (

a) Description 37 38 A settled statement is a

summary of the superior court proceedings approved by the 39 superior court. An appellant may either elect under (b)(1) or move under (b)(2) to 40 use a settled statement as the record of the oral proceedings in the superior court, 41 instead of a reporter’s transcript. 42 43

(Subd (

a) adopted effective January 1, 2018.) 1 2 (a)(

b) Motion to use When a settled statement may be used 3 4

(1) An appellant may elect in his or her notice designating the record on appeal 5 under rule 8.121 to use a settled statement as the record of the oral 6 proceedings in the superior court without filing a motion under (2) if: 7 8 (

A) The designated oral proceedings in the superior court were not reported 9 by a court reporter; or 10 11 (

B) The appellant has an order waiving his or her court fees and costs. 12 13 (1)

(2) An appellant intending to proceed under this rule for reasons other than those 14 listed in (1) must serve and file in superior court with its notice designating 15 the record on appeal under rule 8.121 a motion to use a settled statement 16 instead of a reporter’s transcript or both a reporter’s and clerk’s transcripts. 17 18 (2)(

A) The motion must be supported by a showing that: 19 20 (A)(

i) A substantial cost saving will result and the statement can be 21 settled without significantly burdening opposing parties or the 22 court; 23 24 (B)(ii) The designated oral proceedings were not reported or cannot be 25 transcribed; or 26 27 (C)(iii) Although the appellant does not have a fee waiver, he or she is 28 unable to pay for a reporter’s transcript and funds are not 29 available from the Transcript Reimbursement Fund (see rule 30 8.130(c)). A party proceeding in forma pauperis is deemed 31 unable to pay for a transcript. 32 33 (3)(

B) If the court denies the motion, the appellant must file a new notice 34 designating the record on appeal under rule 8.121 within 10 days after 35 the superior court clerk sends, or a party serves, the order of denial. 36 37

(3) An appellant’s notice under (1) or motion under (2) must: 38 39 (

A) Specify the date of each oral proceeding to be included in the settled 40 statement; 41 42

(

B) Identify whether each proceeding designated under (

A) was reported by 1 a court reporter and, if so, for each such proceeding: 2 3 (

i) Provide the name of the court reporter, if known; and 4 5 (ii) Identify whether a certified transcript has previously been 6 prepared by checking the appropriate box on Appellant’s Notice 7 Designating Record on Appeal (Unlimited Civil Case) (form 8 APP-003) or, if that form is not used, placing an asterisk before 9 that proceeding in the notice. 10 11

(4) If the designated oral proceedings in the superior court were reported by a 12 court reporter: 13 14 (

A) Within 10 days after the appellant serves either a notice under (1) or a 15 motion under (2), the respondent may serve and file a notice indicating 16 that he or she is electing to provide a reporter’s transcript in lieu of 17 proceeding with a settled statement. The respondent must also either: 18 19 (

i) Deposit a certified transcript of all of the proceedings designated 20 by the appellant under (3) and any additional proceedings 21 designated by the respondent under rule 8.130(b)(3)(C); or 22 23 (ii) Serve and file a notice that the respondent is requesting 24 preparation, at the respondent’s expense, of a reporter’s transcript 25 of all proceedings designated by the appellant under (3) and any 26 additional proceedings designated by the respondent.

This notice 27 must be accompanied by either the required deposit for the 28 reporter’s transcript under rule 8.130(b)(1) or the reporter’s 29 written waiver of the deposit in lieu of all or a portion of the 30 deposit under rule 8.130(b)(3)(A). 31 32 (

B) If the respondent timely deposits the certified transcript as required 33 under (i), the appellant’s motion to use a settled statement will be 34 dismissed. If the respondent timely files the notice and makes the 35 deposit or files the waiver as provided under (ii), the appellant’s 36 motion to use a settled statement will be dismissed and the clerk must 37 promptly send the reporter notice of the designation and of the deposit, 38 waiver, or both—and notice to prepare the transcript—as provided 39 under rule 8.130(d). 40 41 (Subd (

b) relettered, renumbered and amended effective January 1, 2018; adopted as subd 42 (a); previously amended effective January 1, 2007, January 1, 2008 and January 1, 2016.) 43

1 (b)(

c) Time to file; contents of proposed statement 2 3

(1) Within 30 days after the superior court clerk sends, or a party serves, an order 4 granting a motion to use If the respondent does not file a notice under 5 (b)(4)(

A) electing to provide a reporter’s transcript in lieu of proceeding with 6 a settled statement, the appellant must serve and file a proposed statement in 7 superior court within 30 days after filing its notice under (b)(1) or within 30 8 days after the superior court clerk sends, or a party serves, an order granting a 9 motion under (b)(2) a condensed narrative of the oral proceedings that the 10 appellant believes necessary for the appeal. Subject to the court’s approval in 11 settling the statement, the appellant may present some or all of the evidence 12 by question and answer. 13 14

(2) Appellants who are not represented by an attorney are encouraged to file their 15 proposed statement on Proposed Statement on Appeal (Unlimited Civil Case) 16 (form APP-014). The court may order an appellant to use form APP-014. If 17 the condensed narrative describes less than all the testimony, the appellant 18 must state the points to be raised on appeal; the appeal is then limited to those 19 points unless, on motion, the reviewing court permits otherwise. 20 21

(3) An appellant intending to use a settled statement instead of both reporter’s 22 and clerk’s transcripts must accompany the condensed narrative with copies 23 of all items required by rule 8.122(b)(1), showing the dates required by rule 24 8.122(b)(2). 25 26

(4) Within 20 days after the appellant serves the condensed narrative, the 27 respondent may serve and file proposed amendments. 28 29

(5) The proposed statement and proposed amendments may be accompanied by 30 copies of any document includable in the clerk’s transcript under rule 31 8.122(b)(3) and (4). 32 33 (Subd (

c) relettered and amended effective January 1, 2018; adopted as subd (b); 34 previously amended effective January 1, 2007, January 1, 2008, and January 1, 2016.) 35 36 (

d) Contents of proposed statement 37 38 The proposed statement must: 39 40

(1) Contain a statement of the points the appellant is raising on appeal. If the 41 condensed narrative under (2) covers only a portion of the oral proceedings, 42 the appeal is then limited to the points identified in the statement unless the 43

reviewing court determines that the record permits the full consideration of 1 another point or, on motion, the reviewing court permits otherwise. 2 3

(2) Contain a condensed narrative of the oral proceedings that the appellant 4 specified under (b)(3). 5 6 (

A) The condensed narrative must include a concise factual

summary of the 7 evidence and the testimony of each witness relevant to the points that 8 the appellant states under (1) are being raised on appeal. Subject to the 9 court’s approval in settling the statement, the appellant may present 10 some or all of the evidence by question and answer. Any evidence or 11 portion of a proceeding not included will be presumed to support the 12 judgment or order appealed from. 13 14 (

B) If one of the points that the appellant states will be raised on appeal is a 15 challenge to the giving, refusal, or modification of a jury instruction, 16 the condensed narrative must include any instructions submitted orally 17 and not in writing and must identify the party that requested the 18 instruction and any modification. 19 20

(3) Have attached to it a copy of the judgment or order being appealed. 21 22 (Subd (

d) adopted effective January 1, 2018.) 23 24 (

e) Respondent’s response to proposed statement 25 26 Within 20 days after the appellant serves the proposed statement, the respondent 27 may serve and file either: 28 29

(1) Proposed amendments to the proposed statement; or 30 31

(2) A notice indicating that he or she is electing to provide a reporter’s 32 transcript in lieu of proceeding with a settled statement. The respondent 33 must also either: 34 35 (

A) Deposit a certified transcript of all the proceedings specified by the 36 appellant under (b)(3) of this rule and any additional proceedings 37 designated by the respondent under rule 8.130(b)(3)(C); or 38 39 (

B) Serve and file a notice that the respondent is requesting preparation, at 40 the respondent’s expense, of a reporter’s transcript of all proceedings 41 specified by the appellant under (b)(3) of this rule and any additional 42 proceedings designated by the respondent. This notice must be 43

accompanied by either the required deposit for the reporter’s 1 transcript under rule 8.130(b)(1) or the reporter’s written waiver of 2 the deposit in lieu of all or a portion of the deposit under rule 3 8.130(b)(3)(A). 4 5 (Subd (

e) adopted effective January 1, 2018.) 6 7 (c)(

f) Settlement, preparation, and certification Review of appellant’s proposed 8 statement 9 10

(1) The clerk must set a date for a settlement hearing by the trial judge that is No 11 later than 10 days after the respondent files proposed amendments or the time 12 to do so expires, whichever is earlier, and must give the parties at least five 13 days’ notice of the hearing date a party may request a hearing to review and 14 correct the proposed statement. No hearing will be held unless ordered by the 15 trial court judge, and the judge will not ordinarily order a hearing unless there 16 is a factual dispute about a material aspect of the trial court proceedings. 17 18

(2) The trial court judge may order that a transcript be prepared as the record of 19 the oral proceedings instead of correcting a proposed statement on appeal if 20 the trial court proceedings were reported by a court reporter, the trial court 21 judge determines that doing so would save court time and resources, and the 22 court has a local rule permitting such an order. The court will pay for any 23 transcript ordered under this subdivision. At the hearing, the judge must settle 24 the statement and fix the times within which the appellant must prepare, 25 serve, and file it. 26 27

(3) Except as provided in (2), if no hearing is ordered, no later than 10 days after 28 the time for requesting a hearing expires, the trial court judge must review the 29 proposed statement and any proposed amendments filed by the respondent 30 and take one of the following actions: If the respondent does not object to the 31 prepared statement within five days after it is filed, it will be deemed 32 properly prepared and the clerk must present it to the judge for certification. 33 34 (

A) If the proposed statement does not contain material required under (d), 35 the trial court judge may order the appellant to prepare a new proposed 36 statement. The order must identify the additional material that must be 37 included in the statement to comply with (

d) and the date by which the 38 new proposed statement must be served and filed. If the appellant does 39 not serve and file a new proposed statement as directed, the appellant 40 will be deemed to be in default, and rule 8.140 will apply. 41 42

(

B) If the trial court judge does not issue an order under (A), the judge must 1 either: 2 3 (

i) Make any corrections or modifications to the statement necessary 4 to ensure that it is an accurate

summary of the evidence and the 5 testimony of each witness relevant to the points that the appellant 6 states under (d)(1) are being raised on appeal; or 7 8 (ii) Identify the necessary corrections and modifications, and order 9 the appellant to prepare a statement incorporating these 10 corrections and modifications. 11 12

(4) If a hearing is ordered, the court must promptly set the hearing date and 13 provide the parties with at least 5 days’ written notice of the hearing date. No 14 later than 10 days after the hearing, the trial court judge must either: The 15 parties’ stipulation that the statement as originally served or as prepared is 16 correct is equivalent to the judge’s certification. 17 18 (

A) Make any corrections or modifications to the statement necessary to 19 ensure that it is an accurate

summary of the evidence and the testimony 20 of each witness relevant to the points that the appellant states under 21 (d)(1) are being raised on appeal; or 22 23 (

B) Identify the necessary corrections and modifications and order the 24 appellant to prepare a statement incorporating these corrections and 25 modifications. 26 27

(5) The trial court judge must not eliminate the appellant’s specification of 28 grounds of appeal from the proposed statement. 29 30 (Subd (

f) relettered, renumbered, and amended effective January 1, 2018; adopted as subd 31 (c).) 32 33 (

g) Review of the corrected statement 34 35

(1) If the trial court judge makes any corrections or modifications to the 36 proposed statement under (f), the clerk must serve copies of the corrected or 37 modified statement on the parties. If under (

f) the trial court judge orders the 38 appellant to prepare a statement incorporating corrections and modifications, 39 the appellant must serve and file the corrected or modified statement within 40 the time ordered by the court. If the appellant does not serve and file a 41 corrected or modified statement as directed, the appellant will be deemed to 42 be in default and rule 8.140 will apply. 43

(2) Within 10 days after the corrected or modified statement is served on the 2 parties, any party may serve and file proposed modifications or objections to 3 the statement. 4 5

(3) Within 10 days after the time for filing proposed modifications or objections 6 under (2) has expired, the trial court judge must review the corrected or 7 modified statement and any proposed modifications or objections to the 8 statement filed by the parties. The procedures in (2) or in (f)(3) apply if the 9 trial court judge determines that further corrections or modifications are 10 necessary to ensure that the statement is an accurate

summary of the evidence 11 and the testimony of each witness relevant to the points that the appellant 12 states under (d)(1) are being raised on appeal. 13 14 (Subd (

g) adopted effective January 1, 2018.) 15 16 (

h) Certification of the statement on appeal 17 18

(1) If the trial court judge does not order the preparation of a transcript under 19 (f)(2) in lieu of correcting the proposed statement or order any corrections or 20 modifications to the proposed statement under (f)(3), (f)(4), or (g)(3), the 21 judge must promptly certify the statement. 22 23

(2) The parties may serve and file a stipulation that the statement as originally 24 served under (

c) or as corrected or modified under (f)(3), (f)(4), or (g)(3) is 25 correct. Such a stipulation is equivalent to the judge’s certification of the 26 statement. 27 28

(3) Upon certification of the statement under (1) or receipt of a stipulation under 29 (2), the certified statement must immediately be transmitted to the clerk for 30 filing of the record under rule 8.150. 31 32 (Subd (

h) adopted effective January 1, 2018.) 33 34 Rule 8.137 amended effective January 1, 2018; repealed and adopted as rule 7 effective 35 January 1, 2002; previously amended and renumbered as rule 8.137 effective January 1, 36 2007; previously amended effective January 1, 2008, and January 1, 2016. 37 38 Rule 8.212. Service and filing of briefs 39 40 (a) * * * 41 42

(b) * * * 1 2 (

c) Service 3 4 (1) * * * 5 6

(2) If a brief is not filed electronically under rules 8.70–8.79, one electronic copy 7 of each brief must be submitted to the Court of Appeal. For purposes of this 8 requirement, the term “brief” does not include a petition for rehearing or an 9 answer thereto. 10 11 (A)–(B) * * * 12 13 (

C) If it would cause undue hardship for the party filing the brief to submit 14 an electronic copy of the brief to the Court of Appeal, the party may 15 instead serve four paper copies of the brief on the Supreme Court. If the 16 brief discloses material contained in a sealed or conditionally sealed 17 record, the party serving the brief must comply with rule 8.46(

f) and 18 attach a cover sheet that contains the information required by rule 19 8.204(b)(10). The clerk/executive officer of the Court of Appeal clerk 20 must promptly notify the Supreme Court of any court order unsealing 21 the brief. In the absence of such notice, the clerk/executive officer of 22 the Supreme Court clerk must keep all copies of the unredacted brief 23 under seal. 24 25 (3) * * * 26 27 (Subd (

c) amended effective January 1, 2018; previously amended effective January 1, 28 2004, January 1, 2005, January 1, 2007, January 1, 2008, January 1, 2013, January 1, 29 2014, and January 1, 2015.) 30 31 Rule 8.212 amended effective January 1, 2018; repealed and adopted as rule 15 effective January 32 1, 2002; previously amended and renumbered effective January 1, 2007; previously amended 33 effective January 1, 2003, January 1, 2004, January 1, 2005, July 1, 2005, January 1, 2008, 34 January 1, 2010, January 1, 2011, January 1, 2013, January 1, 2014, and January 1, 2015. 35 36 Rule 8.248.

Prehearing conference 37 38 (a)–(d) * * * 39 40 Rule 8.248 amended effective January 1, 2016; repealed and adopted as rule 21 effective January 41 1, 2003; previously amended and renumbered as rule 8.248 effective January 1, 2007. 42 43

Advisory Committee Comment 1 2 Subdivision (a). * * * 3 4 Subdivision (d). If a prehearing conference is ordered before the due date of the appellant’s 5 opening brief, the time to file the brief is not extended but tolled, in order to avoid unwarranted 6 lengthening of the briefing process. For example, if the conference is ordered 15 days after the 7 start of the normal 30-day briefing period, the rule simply suspends the running of that period; 8 when the period resumes, the party will not receive an automatic extension of a full 30 days but 9 rather the remaining 15 days of the original briefing period, unless the period is otherwise 10 extended. 11 12 Under subdivision (

d) the tolling period continues “until the date [the Court of Appeal] sends 13 notice that the conference is concluded” (italics added). This provision is intended to 14 accommodate the possibility that the conference may not conclude on the date it begins. 15 16 Whether or not the conference concludes on the date it begins, subdivision (

d) requires the 17 clerk/executive officer of the Court of Appeal clerk to send the parties a notice that the 18 conference is concluded. This provision is intended to facilitate the calculation of the new 19 briefing due dates. 20 21 Rule 8.256. Oral argument and submission of the cause 22 23 (a) * * * 24 25 (

b) Notice of argument 26 27 The clerk/executive officer of the Court of Appeal clerk must send a notice of the 28 time and place of oral argument to all parties at least 20 days before the argument 29 date. The presiding justice may shorten the notice period for good cause; in that 30 event, the clerk/executive officer must immediately notify the parties by telephone 31 or other expeditious method. 32 33 (Subd (

b) amended effective January 1, 2018.) 34 35 (c)–(e) * * * 36 37 Rule 8.256 amended effective January 1, 2018; repealed and adopted as rule 23 effective January 38 1, 2003; previously amended and renumbered effective January 1, 2007. 39 40 Rule 8.264. Filing, finality, and modification of decision 41 42

(

a) Filing the decision 1 2

(1) The clerk/executive officer of the Court of Appeal clerk must promptly file 3 all opinions and orders of the court and promptly send copies showing the 4 filing date to the parties and, when relevant, to the lower court or tribunal. 5 6 (2) * * * 7 8 (Subd (

a) amended effective January 1, 2018.) 9 10 (b) * * * 11 12 (

c) Modification of decision 13 14

(1) A reviewing court may modify a decision until the decision is final in that 15 court. If the clerk’s office of the clerk/executive officer is closed on the date 16 of finality, the court may modify the decision on the next day the clerk’s 17 office is open. 18 19 (2) * * * 20 21 (Subd (

c) amended effective January 1, 2018.) 22 23 (

d) Consent to increase or decrease in amount of judgment 24 25 If a Court of Appeal decision conditions the affirmance of a money judgment on a 26 party’s consent to an increase or decrease in the amount, the judgment is reversed 27 unless, before the decision is final under (b), the party serves and files a copy of a 28 consent in the Court of Appeal. If a consent is filed, the finality period runs from 29 the filing date of the consent. The clerk/executive officer must send one filed -30 endorsed copy of the consent to the superior court with the remittitur. 31 32 (Subd (

d) amended effective January 1, 2018; previously amended effective January 1, 33 2016.) 34 35 Rule 8.264 amended effective January 1, 2018; repealed and adopted as rule 24 effective January 36 1, 2003; previously amended and renumbered as rule 8.264 effective January 1, 2007; previously 37 amended effective January 1, 2009, and January 1, 2016. 38 39 Rule 8.272. Remittitur 40 41 (a) * * * 42 43

(

b) Clerk’s duties 1 2

(1) If a Court of Appeal decision is not reviewed by the Supreme Court: 3 4 (

A) The clerk/executive officer of the Court of Appeal clerk must issue a 5 remittitur immediately after the Supreme Court denies review, or the 6 period for granting review expires, or the court dismisses review under 7 rule 8.528(b); and 8 9 (

B) The clerk/executive officer must send the lower court or tribunal the 10 Court of Appeal remittitur and a filed-endorsed copy of the opinion or 11 order. 12 13

(2) After Supreme Court review of a Court of Appeal decision: 14 15 (

A) On receiving the Supreme Court remittitur, the clerk/executive officer 16 of the Court of Appeal clerk must issue a remittitur immediately if 17 there will be no further proceedings in the Court of Appeal; and 18 19 (

B) The clerk must send the lower court or tribunal the Court of Appeal 20 remittitur, a copy of the Supreme Court remittitur, and a filed-endorsed 21 copy of the Supreme Court opinion or order. 22 23 (Subd (

b) amended effective January 1, 2018; previously amended effective January 1, 24 2007, and January 1, 2016.) 25 26 (c) * * * 27 28 (

d) Notice 29 30

(1) The remittitur is deemed issued when the clerk/executive officer enters it in 31 the record. The clerk/executive officer must immediately send the parties 32 notice of issuance of the remittitur, showing the date of entry. 33 34

(2) If, without requiring further proceedings in the trial court, the decision 35 changes the length of a state prison sentence, applicable credits, or the 36 maximum permissible confinement to the Department of Corrections and 37 Rehabilitation, Division of Juvenile Justice, the clerk/executive officer must 38 send a copy of the remittitur and opinion or order to either the Department of 39 Corrections and Rehabilitation or the Division of Juvenile Justice. 40 41 (Subd (

d) amended effective January 1, 2018; previously amended effective January 1, 42 2007.) 43

1 Rule 8.272 amended effective January 1, 2018; repealed and adopted as rule 26 effective January 2 1, 2003; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2016. 3 4 Rule 8.278. Costs on appeal 5 6 (a) * * * 7 8 (

b) Judgment for costs 9 10

(1) The clerk/executive officer of the Court of Appeal clerk must enter on the 11 record, and insert in the remittitur, a judgment awarding costs to the 12 prevailing party under (a)(2) or as directed by the court under (a)(3), (a)(4), 13 or (a)(5). 14 15

(2) If the clerk/executive officer fails to enter judgment for costs, the court may 16 recall the remittitur for correction on its own motion, or on a party’s motion 17 made not later than 30 days after the remittitur issues. 18 19 (Subd (

b) amended effective January 1, 2018.) 20 21 (c)–(d) * * * 22 23 Rule 8.278 amended effective January 1, 2018; adopted effective January 1, 2008; previously 24 amended effective January 1, 2013, and January 1, 2016. 25 26 Rule 8.336. Preparing, certifying, and sending the record 27 28 (a)–(g) * * * 29 30 (

h) Supervision of preparation of record 31 32 Each clerk/executive officer of the Court of Appeal clerk, under the supervision of 33 the administrative presiding justice or the presiding justice, must take all 34 appropriate steps to ensure that superior court clerks and reporters promptly 35 perform their duties under this rule. This provision does not affect the superior 36 courts’ responsibility for the prompt preparation of appellate records. 37 38 (Subd (

h) amended effective January 1, 2018.) 39 40 Rule 8.336 amended effective January 1, 2018; repealed and adopted as rule 32 effective January 41 1, 2004; previously amended and renumbered as rule 8.336 effective January 1, 2007; previously 42 amended effective January 1, 2010, January 1, 2014, January 1, 2016, and January 1, 2017. 43

1 Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by 2 an attorney 3 4 (

a) Required Judicial Council form 5 6 A person who is not represented by an attorney and who petitions a reviewing court 7 for writ of habeas corpus seeking release from, or modification of the conditions of, 8 custody of a person confined in a state or local penal institution, hospital, narcotics 9 treatment facility, or other institution must file the petition on Petition for Writ of 10 Habeas Corpus (form MC-275). For good cause the court may permit the filing of 11 a petition that is not on that form, but the petition must be verified. 12 13 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 14 2006, January 1, 2007, and January 1, 2009.) 15 16 (b)–(c) * * * 17 18 Rule 8.380 amended effective January 1, 2018; repealed and adopted as rule 60 effective January 19 1, 2005; previously amended and renumbered as rule 8.380 effective January 1, 2007; previously 20 amended effective January 1, 2006, January 1, 2009, January 1, 2014, and January 1, 2016. 21 22 23 Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party 24 25 (

a) Form and content of petition and memorandum 26 27

(1) A petition for habeas corpus filed by an attorney need not be filed on Petition 28 for Writ of Habeas Corpus (form MC-275) but must contain the information 29 requested in that form and must be verified. All petitions filed by attorneys, 30 whether or not on form MC-275, must be either typewritten or produced on a 31 computer, and must comply with this rule and rules 8.40(b)–(

c) relating to 32 document covers and rule 8.204(a)(1)(

A) relating to tables of contents and 33 authorities. A petition that is not on form MC-275 must also comply with the 34 remainder of rules 8.204(

a) and 8.204–(b). 35 36 (Subd (

a) amended effective January 1, 2018; adopted as part of subd (

b) effective January 37 1, 2006; previously amended and lettered as subd (

a) effective January 1, 2009; previously 38 amended effective January 1, 2016.) 39 40 (2)–(3) * * * 41 42

(b)–(d) * * * 1 2 Rule 8.384 amended effective January 1, 2018; adopted as rule 60.5 effective January 1, 2006; 3 previously amended and renumbered as rule 8.384 effective January 1, 2007; previously 4 amended effective January 1, 2009, January 1, 2014, January 1, 2016. 5 6 7 Rule 8.452. Writ petition to review order setting hearing under Welfare and 8 Institutions Code

section 366.26 9 10 (

a) Petition 11 12 (1) * * * 13 14

(2) The petition must be verified. 15 16 (2)

(3) The petition must be accompanied by a memorandum. 17 18 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 19 2007, and July 1, 2010.) 20 21 (b)–(i) * * * 22 23 Rule 8.452 amended effective January 1, 2018; adopted as rule 38.1 effective January 1, 2005; 24 previously amended and renumbered effective January 1, 2007; previously amended effective 25 January 1, 2006, July 1, 2010, and January 1, 2017. 26 27 28 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 to 29 review order designating or denying specific placement of a dependent child 30 after termination of parental rights 31 32 (

a) Petition 33 34 (1) * * * 35 36

(2) The petition must be verified. 37 38 (2)

(3) The petition must be accompanied by a memorandum. 39 40 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 41 2007, and July 1, 2010.) 42 43

(b)–(i) * * * 1 2 Rule 8.456 amended effective January 1, 2018; adopted as rule 38.3 effective January 1, 2005; 3 previously amended and renumbered effective January 1, 2007; previously amended effective 4 January 1, 2006, February 24, 2006, July 1, 2010, and January 1, 2017. 5 6 Rule 8.495. Review of Workers’ Compensation Appeals Board cases 7 8 (

a) Petition 9 10 (1)–(2) * * * 11 12

(3) The petition must be verified. 13 14 (3)

(4) The petition must be accompanied by proof of service of a copy of the 15 petition on the Secretary of the Workers’ Compensation Appeals Board in 16 San Francisco, or two copies if the petition is served in paper form, and one 17 copy on each party who appeared in the action and whose interest is adverse 18 to the petitioner. Service on the board’s local district office is not required. 19 20 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 21 2007, and January 1, 2016.) 22 23 (b)–(c) * * * 24 25 Rule 8.495 amended effective January 1, 2018; repealed and adopted as rule 57 effective January 26 1, 2005; previously amended effective July 1, 2006, and January 1, 2016; previously amended 27 and renumbered as rule 8.494 effective January 1, 2007; previously renumbered as rule 8.495 28 effective January 1, 2009. 29 30 Rule 8.500. Petition for review 31 32 (a)–(d) * * * 33 34 (

e) Time to serve and file 35 36

(1) A petition for review must be served and filed within 10 days after the Court 37 of Appeal decision is final in that court. For purposes of this rule, the date of 38 finality is not extended if it falls on a day on which the clerk’s office of the 39 clerk/executive officer is closed. 40 41 (2) * * * 42 43

(3) If a petition for review is presented for filing before the Court of Appeal 1 decision is final in that court, the clerk/executive officer of the Supreme 2 Court clerk must accept it and file it on the day after finality. 3 4 (4)–(5) * * * 5 6 (Subd (

e) amended effective January 1, 2018; previously amended effective January 1, 7 2007, and January 1, 2009.) 8 9 (

f) Additional requirements 10 11

(1) The petition must also be served on the superior court clerk and the 12 clerk/executive officer of the Court of Appeal clerk. 13 14 (2) * * * 15 16

(3) The clerk/executive officer of the Supreme Court clerk must file the petition 17 even if its proof of service is defective, but if the petitioner fails to file a 18 corrected proof of service within 5 days after the clerk gives notice of the 19 defect the court may strike the petition or impose a lesser sanction. 20 21 (Subd (

f) amended effective January 1, 2018; previously amended effective January 1, 22 2004, and January 1, 2007.) 23 24 (g) * * * 25 26 Rule 8.500 amended effective January 1, 2018; repealed and adopted as rule 28 effective January 27 1, 2003; previously amended effective January 1, 2004, July 1, 2004, and January 1, 20