About SDAP
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.

Justice Rushing Resigns
Conrad L. Rushing resigned from the Court of Appeal, effective December 4, 2017. He had been the presiding justice since 2003. Justice Franklin D. Elia is serving as acting presiding justice until a successor is named by the Governor.


TrueFiling in the Sixth District Court of Appeal TrueFilng is now mandatory in the Sixth District Court of Appeal.


SDAP Annual Seminar April 20, 2017

SDAP's annual seminar will be April 20, 2017 in San Francisco.

New Supreme Court Rules for TrueFiling
TrueFiling is required in the California Supreme Court. It applies only to petitions for review, answers and replies to review petitions, and motions related to review petitions. It applies to briefs and habeas petitions only in capital cases. The Supreme Court rules are similar to the practices in the Sixth District, except an electronic signature is acceptable. Updated Supreme Court Rules require just one unbound copy of the document to be mailed to the court within two days of the electronic filing. The mailed copy need not arrive within two days if mailed; however, if a stay is requested, then a copy must be delivered to the court by the next court day. The opinion attached to the review petition no longer needs to be consecutively paginated. It still needs to be searchable. This requires obtaining sufficiently advanced software, such as Adobe Acrobat Pro, that can append and convert the opinion into a searchable format.

TrueFiling RULES

Mandatory Form for Augment Motions
Starting November 13, 2017, the Sixth District Court of Appeal will require the use of a form proposed order for all motions to augment the record. Until then, the form is voluntary. The pdf fillable proposed order must be used in civil appeals as well.



Electronical Filing Required at U.S. S.Ct.
Starting November 13, 2017, counsel will be required to submit an electronic version of papers filed in the United Supreme Court. This process is different from TrueFiling and the system used in the lower federal courts. Because it can take a few days or a week for enrollment in electronic filing to be approved, counsel is urged to apply well in advance of any deadline for filing a document.


TEL (408) 241-6171 FAX (408) 241-2877      95 S. Market Street, Suite 570, San Jose CA 95113