SDAP is a law firm that does criminal and juvenile appeals for indigent clients in the San Jose area. We are not the court of appeal.
New Rule Permits Citing Some Cases on Review
Rule 8.1105(e) has been amended, effective July 1, 2016, to permit citing cases on review as being persuasive, but not binding, authority. The new rule requires "a prominent citation advising that review has been granted." However, counsel should carefully examine the subsequent history of the case because the supreme court may, after granting review, depublish the opinion or direct that the opinion has precedential value.
It is not clear if the new rule applies only to cases where review is granted after July 1, or if the rule applies to any case pending review on or after July 1.
Concerning Use of Associate Counsel
AIDOAC has promulgated a statewide policy concerning the use of accociate counsel and law clerks.
TrueFiling Comes to the Sixth District Court of Appeal
TrueFiling is required in the Sixth District. When you register SDAP’s address in TrueFiling, you must use our new address: firstname.lastname@example.org. The AG's address is: SFAGDocketing@doj.ca.gov. Our prior address has been discontinued. If you registered the prior address in your TrueFiling account, you will need to make the necessary correction to the new address. Although the California Supreme Court has not yet adopted TrueFiling, petitions for review may now be served on SDAP at email@example.com. However, copies of client correspondence should be sent to the personal e-mail address of the SDAP staff attorney assigned to the case. Attorneys might receive notices from the clerks by email that certain documents have been filed. But all inquiries to the court should be sent to Sixth.District@jud.ca.gov.
Electronically Serving Santa Cruz DA
The Santa Cruz District Attorney's Office is accepting electronic service of appellate briefs. They shall be sent to: firstname.lastname@example.org
More About TrueFiling in the Sixth District
The Sixth District has enacted a local rule that sets forth certain requirements. Since at least a few of these requirements differ from the other districts, please carefully review the local rule. In particular: (1) documents that require a signature under the statewide Rules of Court must bear a physical signature when your document is transmitted to the court; and (2) a single unbound paper copy of briefs, writ petitions and documentation submitted in support of a writ petition must be sent to the court when the document is electronically filed. If you have technical questions about how to use TrueFiling, you should start by contacting TrueFiling by email at: email@example.com, or by phone at (855) 959-8868. SDAP is available for consultations regarding filing requirements.