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2022 California Rules of Court

Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orangish, Royal, and San Diego Counties and in other counties by local rule

(a) Application

(1)  This rule governs:

(A)  Appeals from judgments or appealable orders of all superior courts terminating parental rights nether Welfare and Institutions Lawmaking department 366.26 or freeing a child from parental custody and control nether Family Lawmaking section 7800 et seq.; and

(B)  Appeals from judgments or appealable orders in all juvenile dependency cases of:

(i)  The Superior Courts of Orangish, Imperial, and San Diego Counties; and

(ii)  Other superior courts when the superior court and the District Court of Entreatment with jurisdiction to hear appeals from that superior court have agreed and have adopted local rules providing that this rule volition govern appeals from that superior court.

(2)  In all respects not provided for in this dominion, rules 8.403-viii.412 apply.

(Subd (a) amended effective July 1, 2010; previously amended effective Jan 1, 2007.)

(b) Form of record

(1)  The clerk'south and reporter's transcripts must comply with rules 8.45-viii.467, relating to sealed and confidential records, and, except as provided in (2) and (three), with rule 8.144.

(2)  In appeals under (a)(one)(A), the embrace of the record must prominently display the title "Entreatment From [Judgment or Order] Terminating Parental Rights Under [Welfare and Institutions Code Section 366.26 or Family unit Code Department 7800 et seq.]," whichever is appropriate.

(iii)   In appeals under (a)(i)(B), the cover of the record must prominently brandish the title "Appeal From [Judgment or Order] Under [Welfare and Institutions Code Section 300 et seq. or Family Code Department 7800 et seq.]," whichever is appropriate.

(Subd (b) amended effective January 1, 2015; previously amended constructive July 1, 2010.)

(c) Preparing, certifying, and sending the record

(1)  Within 20 days after the observe of appeal is filed:

(A)  The clerk must set up and certify as correct an original of the clerk's transcript and i re-create each for the appellant, the respondent, the district appellate project, the kid's Indian tribe if the tribe has intervened, and the kid if the child is represented past counsel on appeal or if a recommendation has been made to the Court of Appeal for appointment of counsel for the kid under dominion 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed; and

(B)  The reporter must set up, certify as correct, and evangelize to the clerk an original of the reporter's transcript and the aforementioned number of copies as (A) requires of the clerk's transcript.

(2)  When the clerk's and reporter's transcripts are certified as correct, the clerk must immediately send:

(A)  The original transcripts to the reviewing courtroom by the most expeditious method, noting the sending appointment on each original; and

(B)  1 copy of each transcript to the district appellate project and to the appellate counsel for the post-obit, if they have appellate counsel, by any method equally fast equally United States Postal service express post:

(i)  The appellant;

(ii)  The respondent;

(iii)   The child'due south Indian tribe if the tribe has intervened; and

(iv)  The child.

(three)  If appellate counsel has not yet been retained or appointed for the appellant or the respondent or if a recommendation has been made to the Courtroom of Appeal for appointment of counsel for the kid under rule eight.403(b)(2) and that recommendation is either pending with or has been canonical by the Court of Appeal but counsel has not yet been appointed, when the transcripts are certified every bit correct, the clerk must ship that counsel's copies of the transcripts to the district appellate project. If a tribe that has intervened is non represented by counsel when the transcripts are certified as correct, the clerk must transport that counsel's copy of the transcripts to the tribe.

(Subd (c) amended effective January 1, 2018; previously amended effective Jan 1, 2007, July ane, 2010, January 1, 2015, and January 1, 2017.)

(d) Augmenting or correcting the record

(1)  Except equally provided in (two) and (3), rule 8.410 governs any augmentation or correction of the tape.

(two)  An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record. A respondent must serve and file whatever such motility inside 15 days after the appellant's opening brief is filed.

(three)  The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.

(4)  The clerk must certify and send whatsoever supplemental transcripts as required past (c).

(Subd (d) amended effective July 1, 2010; previously amended constructive January one, 2007.)

(e) Time to file briefs

(1)  To permit decision of the appeal inside 250 days after the notice of appeal is filed, the appellant must serve and file the appellant's opening cursory inside 30 days after the record is filed in the reviewing courtroom.

(ii)  Dominion 8.412(b) governs the time for filing other briefs.

(Subd (e) amended effective July 1, 2010.)

(f) Extensions of time

The superior court may not order any extensions of fourth dimension to gear up the record or to file briefs; the reviewing court may club extensions of time, merely must require an exceptional showing of skilful cause.

(thou) Failure to file a brief

Rule 8.412(d) applies if a party fails to timely file an appellant's opening cursory or a respondent's cursory, only the period specified in the notice required past that rule must be 15 days.

(Subd (1000) amended effective July i, 2010; adopted effective January ane, 2007.)

(h) Oral argument and submission of the cause

(ane)  Unless the reviewing court orders otherwise, counsel must serve and file whatever request for oral argument no afterwards than 15 days afterwards the appellant's reply brief is filed or due to be filed. Failure to file a timely asking will be accounted a waiver.

(2)  The court must hear oral argument inside threescore days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for skilful cause or counsel waive argument.

(3)  If counsel waive argument, the cause is deemed submitted no later than lx days later the appellant's respond cursory is filed or due to exist filed.

(Subd (h) relettered constructive January 1, 2007; adopted every bit subd (grand) effective January 1, 2005.)

Rule eight.416 amended effective Jan 1, 2018; adopted as rule 37.four effective January ane, 2005; previously amended and renumbered constructive January 1, 2007; previously amended effective July ane, 2010, January i, 2015, and January one, 2017.

Subdivision (c). Under rule 8.71(c), the superior courtroom clerk may ship the record to the reviewing court in electronic form.

Subdivision (g). Effective January 1, 2007, revised rule 8.416 incorporates a new subdivision (g) to accost a failure to timely file a brief in all termination of parental rights cases and in dependency appeals in Orangish, Imperial, and San Diego Counties. Under the new subdivision, appellants would not have the total 30-24-hour interval grace period given in rule 8.412(d) in which to file a late brief, merely instead would take the standard xv-twenty-four hours grace catamenia that is given in civil cases. The intent of this revision is to remainder the need to determine the appeal within 250 days with the need to protect appellants' rights in this most serious of appeals.

Subdivision (h). Subdivision (h)(1) recognizes certain reviewing courts' practice of requiring counsel to file any asking for oral argument within a fourth dimension period other than 15 days later the appellant'southward reply cursory is filed or due to exist filed. The reviewing court is still expected to determine the appeal "within 250 days after the notice of appeal is filed." (Id., Subd eight.416(e).)

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