11.0 GENERAL PROVISION
(a) Assignment of Judges.
(1) Appellate Division. Four judges are assigned to the Appellate Division by the Chairperson of the Judicial Council. The Appellate Division is in Room 607 in the Central District.
(2) Department 70. Each judge assigned to the Appellate Division is also assigned to Department 70 of the Central District, Room 607. The Judges in Department 70 are assigned on a rotating basis and to be heard by one judge, petitions for writ of habeas corpus that are filed in conjunction with an appeal pending in the Appellate Division. The assigned judge's decision is dispositive of the petition for writ of habeas corpus.
(Rule 11.0(a) amended and effective 7/1/2001.)
(b) Appellate Jurisdiction.
(1) The Appellate Division of the Superior Court has jurisdiction over all appeals arising from all misdemeanor, infraction and limited civil cases in Los Angeles County (except small claims appeals) and over all motions and petitions for stay orders in connection with such appeals. (Code Civ. Proc., § 77(e).)
(Rule 11.0(b)(1) amended and effective 7/1/2001.)
(2) Decisions. A panel of three judges participate in each matter before the court. The concurrence of at least two judges is required for a decision in any case. (Code Civ. Proc., § 77(a),(b) and (d).)
(c) Writ Jurisdiction.
(1) The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case. (Code Civ. Proc. §§ 1068(b), 1085(b) and 1103(b).)
(2) Decision. A panel of three judges participate in each petition for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case. The concurrence of at least two judges is required for a decision in any petition for a writ. (Code Civ. Proc. § 77(a),(b) and(d).)
(Rule 11.0(c)(1)&(2) amended and effective 7/1/2001.)
(Rule 11.0 [1/1/95] amended and effective 7/1/2001.)
11.1 APPEALS
(a) Notice of Appeal.
(1) Jurisdiction. The Appellate Division has appellate jurisdiction only over cases in which a notice of appeal was filed. (Cal. Rules of Court, rules 8.751 (civil appeals) and 8.752 (criminal appeals).)
(2) Where filed. The notice of appeal must be filed in the trial court from which the appeal is being taken.
(3) Late Filing/Motion to Dismiss.
a) Requests for relief from a late filing of notice of appeal or motion to dismiss on grounds of late filing of notice of appeal must be filed in the Appellate Division, and must comply with LASCR, rule 11.8.
b) The request and motion are ruled upon, without hearing, by the court.
(4) Filing Fees.
a) Filing fees required by Government Code § 26824 must be paid in the trial court, except for respondent's fees, which must be paid in the Appellate Division.
b) For litigants who qualify, filing fees may be waived by the court. Applications for fee waivers must be filed in the trial court at the time of filing the notice of appeal or within ten (10) days thereafter. (Cal. Rules of Court, rule 8.750(c), (d).)
(Rule 11.1(a) Notice of Appeal renumbered (b) to (a) 7/1/2001, (1),(2),(3)&(4) 7/1/2001 amended and effective 1/1/08.)
(Rule 11.1, [1/1/95, (a) Governing Law REPEALED 7/1/2001] amended and effective 1/1/08.)
11.2 STAY ORDERS IN PENDING APPEALS
(a) Format of Papers. All papers filed in connection with stay orders must comply with LASCR, rule 11.8 below.
(b) Civil Appeals.
(1) Before filing Notice of Appeal. Applications for stay orders before notice of appeal has been filed must be filed in the trial court. (Code Civ. Proc., § 918.)
(2) After filing Notice of Appeal.
a) Applications for stay orders pending appeal after notice of appeal has been filed must be filed in the Appellate Division. Applications and response to applications must be filed and served pursuant to LASCR, rule 11.8. (See Cal. Rules of Court, rule 8.705(a).)
b) Applications for stay orders are ruled upon, without hearing, by the court, which may request opposition papers be filed before ruling.
c) In unlawful detainer actions, the applicant must seek a stay from the trial court before seeking relief in the Appellate Division. (Code Civ. Proc., § 1176.)
(3) Supersedeas.
a) Filing. Petitions for writ of supersedeas must be filed in the Appellate Division and must comply with California Rules of Court, rule 8.705(a).
b) Service. Petitions for writ of supersedeas must be served in accordance with California Rules of Court, rule 8.705(a), and must be accompanied by proof of service at the time of filing. Petitions and opposition to petitions must be filed and served pursuant to LASCR, rule 11.8.
c) Decision. Petitions for writ of supersedeas are ruled upon without hearing by the court, which may request that opposition papers be filed before ruling on the petition. In appropriate cases, the court may set the matter for oral argument.
d) Showing required.
1) Civil cases. A petition may be granted only on a showing of exceptional circumstances.
2) Unlawful detainer. Petitions must meet the requirements of Code of Civil Procedure section 1176.
e) Ex parte proceedings.
1) Pending the court's ruling on a supersedeas petition, a petition for temporary stay may be granted ex parte on application upon a showing of good cause and upon the giving of notice to the opposing party in accordance with California Rules of Court, rule 3.1200 et seq.
2) Applications must be filed in the Appellate Division and are ruled upon, without hearing, by the court.
(Rule 11.2(b) [7/1/2001] amended and effective 1/1/08.)
(c) Criminal Appeals.
(1) Stay of Execution.
a) An application for stay of execution must first be made in the trial court, and, if denied, may then be made in the Appellate Division. (See Penal Code, § 1467; Cal. Rules of Court, rule 8.312.)
b) Applications for stay orders must be filed in the Appellate Division and served on opposing counsel in accord with LASCR, rule 11.8.
c) Applications for stay are ruled upon, without hearing, by the court.
(2) Request for Bail Reduction on Appeal.
a) An application for bail reduction must first be made in the trial court, and if denied, may then be made in the Appellate Division. (Penal Code, § 1272.)
b) Applications for bail reduction are ruled upon, without hearing, by the court.
(Rule 11.2(c) [(1) Bail on Appeal [amended titled] & (2) Stay of Execution switched 7/1/2001]
amended and effective 1/1/08.)
(d) Bonds on Appeal.
All proceedings concerning bonds on appeal must be brought in the trial court.
(Rule 11.2 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.3 APPOINTED COUNSEL IN MISDEMEANOR APPEALS
(a) Right to Counsel. A defendant appealing a misdemeanor conviction, who had appointed counsel at trial or who has otherwise met the standards for appointed counsel, is entitled to appointed counsel on appeal. (Cal. Rules of Court, rule 8.786(a).)
(Rule 11.3(a) [1/1/95] amended and effective 1/1/08.)
(b) Notice by Court. The Appellate Division will send notice of the right to appointed counsel.
(Rule 11.3(b) amended and effective 7/1/2001.)
(c) Applications for Appointed Counsel.
(1) A party, meeting the standards, may apply for appointment of counsel either in the trial court or in the Appellate Division. (Cal. Rules of Court, rule 8.786(b).)
(2) Applications must be filed in the Appellate Division in accordance with LASCR, rule 11.8 and are decided, without hearing, by the court.
(3) List of Attorneys. Appointments are made by the Appellate Division from the list of attorneys maintained by the Appellate Division. (Cal. Rules of Court, rule 8.786.)
(Rule 11.3(c) [7/1/2001] amended and effective 1/1/08.)
(Rule 11.3 [1/1/95, 7/1/2001] title, (b) and (c) amended and effective 1/1/08.)
11.4 RECORD ON APPEAL
(a) Civil Appeals.
(1) Contents. The "record on appeal" includes the clerk's transcript [Cal. Rules of Court, rule 8.754] and may include the reporter's or electronic monitor's transcript [Cal. Rules of Court, rule 8.753], an agreed statement [Cal. Rules of Court, rule 8.755] or a settled statement [Cal. Rules of Court, rule 8.756]. The record is designated and prepared in the trial court [Cal. Rules of Court, rule 8.754].
(2) Designation of the Record. The parties must comply with the California Rules governing the method and time limits for designating and providing the record on appeal. [Cal. Rules of Court, rules 8.753-8.761] and are responsible for assuring that the required record is paid for and prepared.
(3) Clerk's Transcript. Within ten (10) days of notification by the clerk of the estimate of the cost of the preparation of the Clerk's Transcript, appellant must pay the required fees for the clerk's transcript designated by appellant for an appeal in a limited civil case. (Cal. Rules of Court, rule 8.754(a), (c).)
(4) Reporter's/Electronic Monitor's Transcript. Appellant must designate and file notice in the trial court to obtain a reporter's or electronic monitor's transcript and pay for that transcript within the time required by California Rules of Court. (Cal. Rules of Court, rule 8.753(a).)
(5) Burden of Providing the Record. It is the burden of appellant to insure that the Appellate Division has an adequate record for review. Any party who desires the court to review testimony and/or exhibits must provide either a reporter's or electronic monitor's transcript [Cal. Rules of Court, rule 8.753], an agreed statement [Cal. Rules of Court, rule 8.755] or a settled statement [Cal. Rules of Court, rule 8.756] of the relevant oral proceedings.
(Rule 11.4(a) [1/1/95, (3)&(5) 7/1/2001] (1) through (5) amended and effective 1/1/08.)
(b) Criminal Appeals.
(1) Contents. The "record on appeal" includes the clerk's transcript [Cal. Rules of Court, rule 8.783] and may include a reporter's or electronic monitor's transcript or a settled statement. (Cal. Rules of Court, rule 8.784.)
(2) Clerk's Transcript. The clerk's transcript is prepared by the trial court clerk without request or payment by the appellant. (Cal. Rules of Court, rule 8.783.) Either party may request from the trial court, on good cause, augmentation of the clerk's transcript with additional documents. (Cal. Rules of Court, rule 8.791.) If denied, a party may seek an order to augment from the Appellate Division. Such requests must comply with LASCR, rule 11.8, and are ruled upon, without hearing, by the court.
(Rule 11.4(b) [(3) Clerk's Transcript switched with (2) Designation of the Record 7/1/2001], amended and effective 1/1/08.)
( 3) Statement or Transcript. The parties must comply with the California Rules of Court governing the preparation, notice and time limits for proceeding on appeal in a misdemeanor or infraction case by statement or transcript. (Cal. Rules of Court, rules 8.784-8.787 and 8.789.)
(Rule 11.4(b) [(2) re-titled to Statement or Transcript,
switched with (3) Clerk's Transcript, 7/1/2001] amended and effective 1/1/08.)
(4) Evidentiary Record on Appeal. An appellant may present the evidentiary record (testimony and/or exhibits) to the Appellate Division by filing either:
a) A statement on Appeal; or
b) Reporter's or Electronic Monitor's Transcript.
(Rule 11.4(b)(4) amended and effective 7/1/2001.)
(5) Statement on Appeal. The evidentiary record may be presented by a narrative summary of testimony and other oral proceedings at trial.
(6) Reporter's or Electronic Monitor's Transcript.
a) Appellant's responsibility. If appellant intends to present the evidentiary record by a reporter's or electronic monitor's transcript, appellant must file a notice for a transcriptof oral testimony at trial, and must pay for and obtain the transcript from the reporter or electronic monitor who reported the proceedings in the trial court.
b) Waiver of reporter's/electronic monitor's fees. Applications for the court to pay the cost of reporter's/electronic monitor's transcript must be made in the trial court. (Cal. Rules of Court, rule 8.784(d).) If the application is denied, appellant may apply to the Appellate Division. The application must comply with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court. (Rule 11.4(b) [(6) 7/1/2001] amended and effective 1/1/08.)
(7) Rights of Respondent. Respondent is entitled to propose corrections, changes or additions to the statement or transcript. (Cal. Rules of Court, rule 8.785.)
(Rule 11.4(b)(7) amended and effective 1/1/08.)
(8) Settlement of Evidentiary Record. The trial court will set a time for settlement of the statement on appeal or reporter's/electronic monitor's transcript at which time the parties may have an opportunity to be heard before an order of settlement is made. (Cal. Rules of Court, rules 8.784, 8.786, 8.789.)
(Rule 11.4(b) [1/1/95, 7/1/2001] (1),(2),(3),(6),(7)&(8) amended and effective 1/1/08.)
(Rule 11.4 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.5 BRIEFS
(a) Time for Filing.
(1) Order for Filing. After the record on appeal has been filed, the Appellate Division will issue an order setting the specific dates on which briefs must be filed. (Cal. Rules of Court, rule 8.706(a).)
(2) Failure to Comply. Failure of appellant to file an opening brief on or before the date ordered by Appellate Division is a ground to dismiss the appeal. Failure to file a respondent's brief as ordered will result in the case being submitted for decision on the record on appeal and on the appellant's opening brief. Such failure may cause the court to accept as true the statement of facts contained in appellant's opening brief. (Cal. Rules of Court, rules 8.762(c), 8.792.).
(Rule 11.5(a) [(1)&(2) 7/1/2001] amended and effective 1/1/08.)
(b) Content and Format. Briefs must comply with California Rules of Court, rule 8.706(c), and rule 8.204(b), except that only one side of the paper may be used, and such briefs shall be bound at the top and without a cover. No attachments to briefs are permitted.
(Rule 11.5(b) [7/1/2001, 7/1/2004] amended and effective 1/1/08.)
(c) Length.
(1) No brief shall exceed fifteen (15) pages in length without permission of the court. See California Rules of Court, rules 8.766, 8.706(c). Tables of contents and/or authorities are excluded from this 15-page limitation.
(2) Permission must be obtained by application in accordance with LASCR, rule 11.8.
(Rule 11.5(c) [7/1/2004] amended and effective 1/1/08.)
(d) Service. A copy of all briefs must be served on opposing counsel and the trial court. (See Cal. Rules of Court, rule 8.706(e), (f).)
(Rule 11.5(d) amended and effective 1/1/08.)
(e) Extension of Time. Applications for extensions of time to file briefs must be filed in the Appellate Division in accordance with LASCR, rule 11.8.
(Rule 11.5(e) amended and effective 7/1/2001.)
(Rule 11.5 [1/1/95, 7/1/2001, 7/1/2004] amended and effective 1/1/08.)
11.6 ORAL ARGUMENT
(a) Date and Time.
(1) Date. The date for oral argument will be ordered by the Appellate Division upon about four week's notice to the parties.
(2) Time.
a) Criminal matters: 9:00 a.m.
b) Civil matters: 1:30 p.m.
(Rule 11.6(a) amended and effective 7/1/2001.)
(b) Failure to Appear. A party who fails to appear at oral argument when the case is called is deemed to have waived oral argument unless the delay or tardiness is excused by the Appellate Division.
(Rule 11.6(b) amended and effective 7/1/2001.)
(c) Continuances. Continuances will only be granted upon a showing of good cause. Continuances by stipulation are subject to the approval of the Presiding Judge. Written applications for continuance must comply with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court.
(d) Amount of Time to Argue. Parties are entitled to a reasonable time to argue, usually five (5) minutes and in no event exceeding fifteen (15) minutes without the prior permission of the court.
(e) Tentative Rulings. Tentative rulings are issued in most cases, indicating the court's initial proposed views or questions concerning a case. The court is not bound by a tentative ruling, whether or not a party has submitted the case based on the stated tentative ruling. Tentative rulings will be available on the afternoon of the day before calendar by telephone and will also be posted outside the courtroom on the day of the hearing.
(f) Supplemental Briefing. Supplemental briefing will be permitted when the court intends to decide a case upon the basis of an issue not briefed or proposed by any party. (Gov. Code, § 68081.)
(Rule 11.6 [1/1/95] amended and effective 7/1/2001.)
11.7 JUDGMENT
(a) Time for Decision. The court must decide a case within 90 days after submission. (Cal. Const., art.6, § 19.)
(b) Opinion. The court will generally file an opinion on each appeal but is not required to do so. (See Cal. Rules of Court, rule 8.707.)
(Rule 11.7(b) [7/1/2001] amended and effective 1/1/08.)
(c) Publication. An opinion is published in whole or in part in the Official Reports when a majority of the judges in the Appellate Division who participated in the opinion certifies that the opinion meets one or more of the standards set forth in California Rules of Court, rule 8.1105(b), and the Court of Appeal does not order the case transferred to it for hearing and decision. (Cal. Rules of Court, rules 8.1105(c), 8.1002.)
(Rule 11.7(c) [7/1/2001] amended and effective 1/1/08.)
(d) Rehearing and/or Certification.
(1) A petition for a rehearing must be served and filed with proof of service within 15 days after the judgment is filed. An answer to the petition may be served and filed within eight days after service of the petition. (Cal. Rules of Court, rule 8.708(c).)
(Rule 11.7(d)(1) amended and effective 1/1/08.)
(2) If a rehearing is ordered, the Appellate Division may place the case on calendarfor further argument or may resubmit the matter for decision without argument. (Cal. Rules of Court, rule 8.708(c).)
(Rule 11.7(d)(2) [7/1/2001] amended and effective 1/1/08.)
(3) Any party may move the court to certify, or the court on its own motion may certify, that transfer of a case to the Court of Appeal appears necessary to secure uniformity of decision or to settle important questions of law. (Cal. Rules of Court, rule 8.1005(a).) An application to certify must be filed before the judgment on appeal is final. (Cal. Rules of Court, rule 8.1005(b).)
(Rule 11.7(d)(3) amended and effective 1/1/08.)
(Rule 11.7 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.8 APPLICATIONS AND MOTIONS
(a) Routine Applications. Routine applications, as defined by California Rules of Court, rule 8.766, shall be served on opposing counsel and submitted to the Appellate Division. Applications on routine matters must include a declaration under penalty of perjury. (Cal. Rules of Court, rules 8.703, 8.766 and 8.787.)
(Rule 11.8(a) [7/1/2001] amended and effective 1/1/08.)
(b) Motions. Written motions shall be served on all parties and must be filed in the Appellate Division in connection with all non-routine matters or where a party is in default. (Cal. Rules of Court, rules 8.705, 8.772(b).)
(Rule 11.8(b) [7/1/2001] amended and effective 1/1/08.)
(c) Motions to Withdraw as Counsel. Motions of an attorney to withdraw as counsel of record must comply with the requirements of Code of Civil Procedure sections 284 and 285, and California Rules of Court, rule 8.768(b).
(Rule 11.8(c) [7/1/2001] amended and effective 1/1/08.)
(d) Motions Before Record Filed. Civil motions filed before the Appellate Division has received the record on appeal must be accompanied either by a completed "Certificate of Clerk re Civil Motion to Appellate Division," certified by the trial court, or by documents sufficient to permit review.
(Rule 11.8(d) amended and effective 7/1/2001.)
(e) Ruling on Applications and Motions. Rulings on applications and motions made pursuant to this rule are made, without hearing, by the court.
(f) Abandonment. An appeal may be abandoned before the record is filed in the Appellate Division by filing a written abandonment in the trial court. (Cal. Rules of Court, rules 8.762(a), 8.790.) After the record is filed in the Appellate Division, a civil appeal may be dismissed on written request of the appellant or stipulation of the parties filed in the Appellate Division, and, in a criminal appeal, by filing a written abandonment of appeal in the Appellate Division. (Cal. Rules of Court, rules 8.762(b), 8.790.)
(Rule 11.8(f) [7/1/2001] amended and effective 1/1/08.)
(Rule 11.8 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.9 EXTENSIONS AND RELIEF FROM DEFAULT
(a) Where Application For Extension Filed. Application for extension of time to perform an act beyond the time allowed by the rules or court order must be made to the trial court. (Cal. Rules of Court, rules 8.767(b), 8.787(a).)
(Rule 11.9(a) [7/1/2001] amended and effective 1/1/08.)
(b) Denial or Failure To Grant By Trial Court. If an extension of time or relief default is denied or cannot be granted by the trial court, application may be made to the Appellate Division in accordance with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court.
(Rule 11.9(b) amended and effective 7/1/2001.)
(c) Reinstatement of Appeal. Applications to reinstate an appeal after dismissal must follow the procedure set forth in sub-paragraph (b) above.
(Rule 11.9 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.10 WRITS
(a) Assigned Departments. Petitions for writ of mandate, prohibition or review (certiorari) in limited civil, misdemeanor or infraction cases shall be heard in the Appellate Division. (Code Civ. Proc., §§ 1085(b), 1103(b) and 1068(b).) Petitions for writ of habeas corpus in misdemeanor and infraction cases shall be filed in accordance with Local Rule 6.32.
(Rule 11.10(a) [7/1/2001] title amended and new text added and effective 1/1/07.)
(b) Writs Involving Felony Matters Prior to the Preliminary Hearing. In felony cases where the ruling, order or other matter arose prior to the completion of the preliminary hearing, petitions for writs of mandate, prohibition, review (certiorari), habeas corpus or any other petition for extraordinary relief, shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division. (See Local Rule 6.32(a)(3).) Subdivisions (c), (d)(2)a), (d)(3), and (e) of this rule apply to petitions filed with the Supervising Judge of the Criminal Division.
(Rule 11.10(b) [Writs Involving Felony Matters 1/1/95]
title amended, old text REPEALED, new text added and effective 1/1/07.)
(c) Prohibition and Mandate.
(1) Record on Review. Petitioner must provide the court with an adequate record for review.
(2) Statutory Compliance. A writ petition must comply with all statutory requirements. (See Code Civil Proc., §§ 1067-1108.)
(d) Filing and Service of Writs.
(1) Filing.
a) Where Filed. The original petition with proof of service must be filed in Room 102 of the Los Angeles Superior Court, Central District.
b) When Filed. A writ petition generally must be filed within the statutory period for an appeal.
(2) Filing Fees.
a) Criminal Cases. No filing fees are required in a criminal case.
b) Civil Cases. The filing for a civil writ petition is the same as that in the schedule for the filing of civil cases.
(3) Service. The petition must be served on all parties and the Presiding Judge of the superior court before filing.
(Rule 11.10(d)(3) [1/1/95] amended and effective 7/1/2001.)
(4) Lodging With the Clerk. Petitioner must lodge a file-stamped, conformed copy of the petition, and may include a proposed alternative writ, with the clerk in Room 607. The clerk will hold the petition for opposition for five (5) days if the petition was personally served or ten (10) days if service was by mail to allow the real party in interest the opportunity to file preliminary opposition. (Code Civ. Proc., § 1107.)
(Rule 11.10(d)(4) [1/1/95] amended and effective 7/1/2001.)
(Rule 11.10(d) [1/1/95] amended and effective 7/1/2001.)
(e) Writ Proceedings and Decisions. The court may:
(1) Continue the matter and request supplementary documents or preliminary opposition;
(2) Summarily deny the petition without hearing;
(3) Notify the parties of the court's intent to issue the peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.) ; or
(4) Issue an alternative writ or order to show cause and set the matter for a hearing, after which, a decision will be made. If an alternative writ is issued, petitioner must serve the writ on all other parties. (Code Civ. Proc., § 1096.)
(Rule 11.10(e) [1/1/95] amended and effective 7/1/2001.)
(f) Habeas Corpus filed in conjunction with an appeal pending in the Appellate Division.
(1) The petition must be verified;
(2) The petition must be served on the trial judge and on the People before filing;
(3) The petition must be filed in Department 70, Room 607;
(4) No filing fee is required.
(Rule 11.10(f) [1/1/95] amended and effective 7/1/2001.)
(Rule 11.10 [1/1/95, 7/1/2001] amended and effective 1/1/07.)
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