They Keep Changing the Rules

The Judicial Council has announced its annual recodification of the rules of court. Effective January 1, 2007, virtually every rule has been renumbered.

Title 1 (rules 1.1-1.150) deals with general matters. Title 2 concerns trial court rules. Title 3 concerns rules specific to civil cases. Title 4 concerns criminal cases, and generally these rules are not being renumbered. (See, e.g., rule 4.401 et seq. [determinate sentencing rules]; rule 4.550 et seq. [habeas corpus in the superior court].) Juvenile (former rule 1400 et seq.) and Family Court rules will be found in title 5.

Appellate rules are found in title 8. Most of the changes are not substantive. The challenge is knowing what the new rule numbers are. A rule 32.1(b) letter will now be a rule 8.340(b) letter. A rule 38.1 writ petition will now be a rule 8.452 writ petition.

Procedures governing criminal appeals are found at rule 8.300 et seq. Rule 8.304 concern the notice of appeal (former rule 30). The normal record of appeal is listed in rule 8.320 (former rule 31). Motion procedure in appellate court will be found at rules 8.50 and 8.54. EOT motions are described in rule 8.60 and 8.63. Motions for judicial notice are discussed in rule 8.252. Notice of change of address is described in rule 8.32.

Rules concerning the number of copies, covers of briefs, and so on are found in rules 8.25 through 8.44. Procedures about briefs are found at rules 8.200 (former rule 13), 8.204 (former rule 14), 8.220 (former rule 17), and 8.360 (former rule 33). Note that rules 8.360(c) and 8.412(d) now specify the consequences of not filing a brief on time in criminal and juvenile cases respectively. In appeals from the termination of parental rights, a party now has only 15 days to file an opening or respondent's brief after the deadline under rule 8.416(g).

Juvenile appeals are described in rules 8.400 through 8.416. Habeas corpus petitions are described in rules 8.380 through 8.388. Other petitions for extraordinary writ are described in rules 8.490, 8.112, and 8.116.

Petitions for rehearing will be found in rule 8.268. Rules concerning publication of opinions will be found in rules 8.1100 through 8.1125. Procedures for petition for review have moved to rules 8.500 through 8.552. Thus, former rule 28 is now rule 8.500. Former rule 28.1 is now rule 8.504, and former rule 33.3 is now at rule 8.508.

View the new rules.

View the subsequent amendments to the new rules.

October 20, 2006, amended January 5, 2007.

Back to News

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