SDAP Annual Seminar May 2, 2014 in San Francisco
The annual SDAP seminar will be on Friday, May 2, 2014 in the San Francisco.
Probation Reports in the Sixth District
The Sixth District Court of Appeal issued Miscellaneous Order 14-1, permitting counsel to refer to information in a probation report that is part of the record on appeal in a criminal case, without needing to file a redacted brief. The order states:
"IT IS HEREBY ORDERED that effective February 26, 2014, any brief filed by counsel in a criminal appeal need not comply with California Rules of Court, Rule 8.47(c) in so far as it refers to material contained in a Probation Report that is part of the record on appeal."
MISC. ORDER 14-1
2013 FDAP/SDAP Appellate Workshop
Material from the 2013 FDAP/SDAP Appellate Workshop is now available.
Papers to Have Fax Number and e-Mail
Effective January 1, 2013, documents filed in the appellate courts must have the attorney's fax number, if any, and e-mail address. (Amended rule 8.40(c)(1).) Rule 8.320 was amended to change what constitutes the normal record in criminal appeals that are not from the judgment.
Billing Habeas Time and Expenses
The AOC has issued a new written policy concerning the billing of time and expenses for investigating potential habeas issues. Generally all time and expenses should be listed on line 11, regardless of whether a petition is filed.
Santa Clara Docket Number in Delinquencies
For briefs and motions filed in the court of appeal, when indicating the superior court docket number in Santa Clara County delinquency cases, it is now necessary to include the three digits before the "JV" initials and the last letter; for example: 314JV12345a.
Counsel Must Retain eFiled Declarations
New rule 8.77(a) of the California Rules of Cout requires counsel to sign and retain a "printed form" of any electronically filed document that was submitted under penalty of perjury when the original is not filed in the court. The full docket number
will soon be used by the court of appeal in the online docket.
e-Submissions at State Supreme Court
The California Supreme Court is now accepting e-submissions of petitions for review and petitions for extraordinary relief. This allows submitting less copies in the supreme court under Rule 8.44 and saves money.
e-Filing, e-Submissions in the Sixth District
All motions, with some exceptions, and any brief raising no issues must be electronically filed in the Sixth District Court of Appeal in lieu of paper copies. Petitions and briefs in criminal and juvenile case must be electronically submitted with the original and copies filed in the court. EOTs in juvenile cases must be paper filed. EOTs after the first extension in criminal cases must be paper filed. The AG and Santa Cruz DA may be electronically served. SDAP may be electronically served only no issue briefs, first EOT requests, notice of change of address, and notice of substitution of counsel. There is now available a list of what documents that may or must be e-filed or e-submitted in the Sixth District Court of Appeal.
LIST OF DOCUMENTS
Proof of Service for Electronic Service
The proof of service needs to be modified when a document is electronically served. (See Cal. Rules of Court, Rule 2.251(g).) A sample proof of service is available in pdf, Word, and WordPerfect. Note that the sample proof of service does not necessarily have all of the proper parties listed.