Riverside — Appeals

Source: https://riverside.courts.ca.gov/system/files/title8.pdf?cb=1772484229

TITLE 8 APPEALS

TABLE OF CONTENTS

RULE 8030 EXTENSION OR SHORTENING OF TIME; RELIEF FROM DEFAULT

RULE 8035 APPEAL PROCESSING SCHEDULE

Superior Court of California County of Riverside TITLE 8 APPEALS

RULE 8000 APPLICATION

The local rules in this title are intended to supplement the California Rules of Court, which govern appeals in (1) limited civil appeals taken pursuant to Code of Civil Procedure Section 904.2, (2) misdemeanor and infraction appeals taken pursuant to Penal Code Sections 1466 and 1538.5, and (3) small claims appeals taken pursuant to Code of Civil Procedure Section 116.710 et sequitur.

(Adopted 11-4-11, effective 1-1-12)

RULE 8005 WHERE TO FILE DOCUMENTS

Documents shall be filed at the court facility as designated in the Administrative Order – Where to File Documents. The order can be located on the court’s website at http://www.riverside.courts.ca.gov/ by clicking on Local Rules under the General Information tab.

(Adopted 11-4-11, effective 1-1-12; amended 5-13-13, effective 7-1-13)

RULE 8010 RECORD ON APPEAL

A. Record of Oral Proceedings

1. The record of oral proceedings in limited civil, excluding limited unlawful
detainer appeals as noted in subsection (A)(2), and misdemeanor appeals
may be submitted by a) statement on appeal, b) electronic recording or
transcript therefrom, or (c) reporter’s transcript. In limited civil appeals, the
appellant and respondent may also jointly prepare or stipulate to an agreed
statement on appeal.

2. The official record of the oral proceedings in infraction trials and limited
unlawful detainer trials shall be a transcription of the official electronic
recording, and the parties shall be entitled to a free copy of that transcript,
unless the appellant elects in the notice of appeal to proceed by statement
on appeal. Infraction appellants are encouraged to use Local Form “Notice
of Appeal and Record of Oral Proceedings (Infraction).” Limited unlawful
detainer appellants are encouraged to use Local Form “Notice of Appeal
and Record of Oral Proceedings (Unlawful Detainer).” The transcription of
the official electronic recording shall be provided within 20 days of the notice
to prepare the transcript.

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Superior Court of California County of Riverside

3. If the appellant in a misdemeanor appeal proceeds by way of reporter’s
transcript, the appellant shall be responsible for transcript preparation
unless appellant obtains a waiver of transcript fees pursuant to Government
Code Section 68634.5 and Rule 8.866 of the California Rules of Court.
Respondent shall be responsible to make private arrangements with court
reporter(s) to obtain copies if appellant does not obtain a waiver of transcript
fees.

B. Record of Written Documents

1. The record of written documents in limited civil and misdemeanor appeals
shall be submitted by clerk’s transcript.

2. In infraction appeals, pursuant to rules 8.910(a)(1)(B) and 8.914(a) of the
California Rules of Court, the Court elects to use the original trial court file
as the record of the written documents from the trial court proceedings
instead of a clerk’s transcript.

(Adopted 1-1-86; Amended 10-21-89, effective 1-1-90; amended 4-16-94, effective 7-1- 94; amend. 4-25-98, effective 7-1-98; Renumbered from Rule 8.0010, 8-1-11, effective 1- 1-12; amended 11-4-11, effective 1-1-12; amended 2-7-13, effective 3-1-13; administrative change made to remove the reference to the Southwest Justice Center in (A)(1), 10-15-13, effective 1-1-14)

RULE 8015 APPOINTMENT OF COUNSEL

A. Continuation. In every criminal case where a defendant in a lower court has assigned counsel, and such defendant files an appeal, the assigned counsel is hereby appointed to continue on as counsel for the purpose of perfecting and arguing the appeal.

B. Financial Statement. Assigned counsel is directed to prepare a financial statement of the defendant under penalty of perjury for submission to the Court upon hearing on appeal. The Court may further require testimony under oath of the defendant at that time. Defendant must appear at the hearing on appeal for the purpose of establishing their ability to pay for assigned counsel pursuant to Penal Code Section 987.2; assigned counsel is directed to inform the defendant of the necessity of their appearance.

C. Attorney Fees. After the decision on appeal has become final, assigned counsel may submit an application for attorney fees for services rendered in the appeal

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Superior Court of California County of Riverside proceeding to the Presiding Judge who shall consider the application and may award reasonable attorney fees pursuant to Penal Code Section 987.2.

(Adopted 1-1-86; Renumbered from Rule 8.0015, 8-1-11, effective 1-1-12; amended 11- 4-11, effective 1-1-12; amended 5-7-21, effective 7-1-21)

RULE 8025 DISMISSAL

A. Failure to Perform. If and when the appellant fails to perform any act necessary to perfect the appeal according to the California Rules of Court, the trial Court shall mail a notice to the appellant informing the appellant that the appeal will be dismissed unless an application pursuant to Local Rule 8030 is filed with the Appellate Division of the Superior Court within fifteen (15) days of the date of mailing.

B. Transmittal. A certified copy of the notice accompanied by a certified copy of the notice of appeal, the fee for filing of an appeal in a civil matter, and a certified copy of the docket shall be transmitted to the Appellate Division of the Superior Court forthwith upon mailing the aforesaid notice to the appellant.

(Adopted 1-1-86; Amend 4-25-98, effective 7-1-98; Renumbered from Rule 8.0025, 8-1- 11, effective 1-1-12; amended 11-4-11, effective 1-1-12)

RULE 8030 EXTENSION OR SHORTENING OF TIME; RELIEF FROM DEFAULT

Applications for an extension or shortening of time (Rule 8.810 of the California Rules of Court) or for relief from default (Rule 8.812 of the California Rules of Court) shall comply with Rule 8.806 of the California Rules of Court and shall be deposited with the Clerk for presentation to the Presiding Judge. Failure to fully comply with Rule 8.806 shall be cause for the Clerk of the Appellate Division of the Superior Court for presentation to the Presiding Judge. Applicant shall prepare and provide a proposed order for Presiding Judge. Failure to fully comply with Rule 8.806 shall be cause for the Clerk to refuse the deposit of said application.

(Adopted 1-1-86; Amend. 4-25-98, effective 7-1-98; Renumbered from Rule 8.0030, 8-1- 11, effective 1-1-12; amended 11-4-11, effective 1-1-12)

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Superior Court of California County of Riverside RULE 8035 APPEAL PROCESSING SCHEDULE

Schedule 8035 is for the initiation and prosecution of an appeal to the Appellate Division of the Superior Court. Compliance therewith shall be strictly enforced.

SCHEDULE 8035

Parenthesized figures refer to California Rules of Court

TYPE OF ACTION CIVIL CRIMINAL

1. Notice of Appeal-- Filing of (NO extensions) 30 or 90 days (8.822) 30 days (8.853, 8.902)

2. Notice to Prepare 10 days after filing Reporter's Transcript notice of appeal (8.831)

3. Deposit of Costs for 10 days after Reporter's Transcript notification (8.834)

4. Filing of Reporter's 20 days after notice from 20 days (8.866) Transcript clerk to prepare or receipt of fees (8.834)

5. Notice Designating 10 days after Record on Appeal filing notice of of appeal (8.831)

6. Preparation of 30 days after Clerk's Transcript payment of costs (8.832)

7. Agreed Statement-- 10 days after Preliminary filing notice of Stipulation appeal 8.831, 8.836)

   Original Statement 30 days after filing notice of record designation (8.836)

8. Statement on Appeal 10 days after filing notice of appeal (8.831)

   Proposed Statement 20 days after filing 20 days after notice of record filing record 5

Superior Court of California County of Riverside designation (8.837) preparation election (8.869)

9. Review and Certification 10 days after proposed 10 days after of Statement on Appeal amendments are filed proposed (8.837) amendments are filed (8.869)

10. Request for Correction Any time (8.841) Any time (8.873) Or Augmentation of Transcripts

11. Transmission of Record Upon completion Upon certification of On Appeal to Appellate (8.840) statement or right Division thereto has expired, and completion of clerk’s transcript (8.872)

12. Payment of Filing With notice of Fee Appeal or within 15 days after clerk sends notice of failure to pay fee (8.821)

13. Appellant's Opening 30 days after 30 days after Brief with required record is filed record is filed Proofs of Service (8.882) (8.882, 8.927)

14. Respondent's Brief 30 days after 30 days after with required Proofs filing of Opening filing of Opening of Service Brief (8.882) Brief (8.882, 8.927)

15. Appellant's Reply 20 days after 20 days after Brief filing of Respondent’s filing of Respondent’s Brief (8.882) Brief (8.882, 8.927)

16. Remittitur 30 days after 30 days after filing Decision on filing Decision on Appeal (8.888) Appeal (8.888)

(Adopted 1-1-86; Renumbered from Rule 8.0035, 8-1-11, effective 1-1-12; amended 11- 4-11, effective 1-1-12)

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Superior Court of California County of Riverside RULE 8040 APPEAL – SMALL CLAIMS

A. Docket Entries. In small claims actions where there are multiple parties it is requested that the courts insure that the docket entries and other records include the specifics as to which plaintiffs prevailed against which defendants and whether any liability found to exist is several or joint and several.

B. Multiple Defendants. In cases involving multiple defendants in which there is an appeal by less than all defendants, the only original documents which should be transmitted to the Clerk of the Superior Court should be the notice of appeal and the notice of entry of judgment; other documents required pursuant to Rule 8.957 of the California Rules of Court are to be certified copies.

C. Notice of Appeal. A notice of appeal should be filed by each appealing defendant or in the alternative, each defendant who appeals should sign the notice of appeal.

D. Extraneous Documents. Extraneous correspondence and other documents which are neither admitted into evidence nor marked for identification should not be transmitted to the court.

(Adopted 1-1-86; Renumbered from Rule 8.0040, 8-1-11, effective 1-1-12; amended 11- 4-11, effective 1-1-12)

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