CALIFORNIA COURT OF APPEAL
THIRD APPELLATE DISTRICT
LOCAL RULES

[As amended effective March 2, 2007; as amended, reorganized, and renumbered effective October 2, 2006; adopted effective January 1, 1977, and previously amended May 1, 1982, December 31, 1982, November 10, 1986, September 4, 1989, and July 6, 1993]

Rule 1: MEDIATION IN CIVIL APPEALS
(a) [Mediation Program] To enable efficient case management and more expeditious resolution of civil appeals, the Court of Appeal, Third Appellate District, has established a Mediation Program ("Program"). The Program will be administered by a Mediation Program Coordinator ("Coordinator") acting at the direction of a Mediation Committee ("Committee") and under the supervision of the Administrative Presiding Justice or a designated Supervising Associate Justice.

(b) [Scope of Mediation Program] A civil appeal will be placed in the Program if selected by the Administrative Presiding Justice, designated Supervising Associate Justice, or the Coordinator. With permission of the Court, a civil appeal not selected for mediation may be placed in the Program by stipulation of the parties. (See subd. (d)(5), post.)

(c) [Mediators] The Committee must specify the qualifications, training, and process for appointment of mediators in the Program. The Coordinator will assign mediators to appeals selected for the Program. The Coordinator may replace a selected mediator upon written request by a party supported by a showing of good cause or upon request of the mediator. Mediation services will be furnished by the Court without fee to the parties, provided that a mediation session exceeding 4 hours may be terminated by the mediator. The parties and the mediator may agree on a fee payable to the mediator for continued mediation services.

(d) [Mediation Process]

(1) Pursuant to Miscellaneous Order 2006-006 [published at www.courtinfo.ca.gov/courts/courtsofappeal/3rdDistrict/; copies available at the clerk's office of the Court of Appeal, Third Appellate District, and the clerk's offices in the superior courts located within the jurisdiction of the Third Appellate District], effective upon filing of any civil notice of appeal, the provisions of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 of the California Rules of Court requiring designation of the record and payment of estimated costs for preparation of the record are suspended, pending the Court's decision to select or not select the civil appeal for mediation. If a civil appeal is selected for mediation, suspension of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 must remain in effect until completion of mediation. If a civil appeal is not selected for mediation, the Coordinator must concurrently notify the parties, the superior court, and this Court of Appeal, in writing, that the suspension of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 is terminated. The parties' obligation to comply with the requirements of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 commences as if notice of appeal was filed on the date specified in the notification.

(2) On receiving notice of filing of a civil notice of appeal, the Clerk must promptly mail to appellant a Civil Case Information Statement attached to which will be a Civil Appeal Mediation Statement. Within 10 days after the Clerk mails the Statements, appellant must serve and file a completed Civil Case Information Statement, including a completed Civil Appeal Mediation Statement.

(3) On receiving notice of filing of a civil notice of appeal, the Clerk must mail to respondent a Civil Appeal Mediation Statement. Within 10 days after filing of appellant's Civil Case Information Statement, respondent must serve and file a completed Civil Appeal Mediation Statement.

(4) The Coordinator, within 10 days after the Court files respondent's Civil Appeal Mediation Statement, must notify the parties whether the Court has or has not selected the civil appeal for mediation. If a civil appeal is selected for the Program, the Coordinator must furnish the parties with the name, address, and telephone number of the mediator, and three dates when the mediator is available for the mediation session. At the same time, the Coordinator must furnish the mediator copies of the Civil Appeal Mediation Statements. Within 10 days after receipt of the dates the mediator is available, the parties must advise the Coordinator of their scheduling preferences. The Coordinator, after conferring with the mediator, promptly must select the date and site for the mediation session and must notify the parties by telephone and in writing.

(5) If a civil appeal is not selected for mediation, the parties may stipulate to placement in the Program. The stipulation must be served on the superior court and filed with this Court within 10 days after issuance of notification that the Court did not select the appeal for the Program. Pursuant to Miscellaneous Order 2006-006, upon receipt of the stipulation by the superior court, the provisions of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 of the California Rules of Court requiring designation of the record and payment of the estimated costs for preparation of the record are suspended. The Court will decide whether to accept the stipulation of the parties and refer the case for mediation. If the case is referred for mediation, suspension of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 must remain in effect until completion of mediation. If the case is not referred to mediation, the Coordinator must concurrently notify the parties, the superior court, and this Court of Appeal, in writing, that suspension of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 is terminated. The parties' obligation to comply with the requirements of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 commences as if notice of appeal was filed on the date specified in the notification.

(6) The mediator, with the approval of the Coordinator, may, for good cause, postpone or continue a mediation session to a date certain.

(7) The mediator may require parties or their counsel to furnish information, documents, records or other items specified by the mediator.

(8) The mediator may at any time communicate with any of the parties or their counsel with or without notice to the other parties or their counsel.

(9) All parties and their counsel of record must attend all mediation sessions in person with full settlement authority. If a party is not an individual, then a party representative with full authority to settle all appeals and cross-appeals must attend all mediation sessions in person, in addition to counsel. If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply also must attend all mediation sessions in person, with full settlement authority. Any exception to this requirement must be approved in writing by the mediator. The mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation.

(10) Within 10 days after completion of mediation, the mediator must submit to the Coordinator a Mediation Attendance Form, listing all participants in the mediation, and a Mediator's Statement, notifying the Coordinator of the results of the mediation.

(11) Within 10 days after completion of mediation, the parties and their counsel must separately complete and submit to the Coordinator confidential evaluations of the mediation and the mediator on a form provided by the Coordinator.

(12) Pursuant to Miscellaneous Order 2006-006, if completion of mediation does not result in disposition of the appeal, the Coordinator must, within 10 days after notice of completion of the mediation, notify the parties, the superior court, and this Court of Appeal that suspension of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 of the California Rules of Court is terminated. The parties' obligation to comply with the requirements of rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 commences as if notice of appeal was filed on the date specified in the notification.

(e) [Confidentiality] Except as otherwise required by law, information disclosed to the mediator, the parties, counsel, or any other participant in the mediation, or to the Coordinator of the Program, must be confidential and must not be disclosed to anyone not participating in the Program. The parties and the mediator are required to sign a confidentiality agreement in a form designated by the court.

(f) [Ethical Standards] Mediators must adhere to the rules of conduct for mediators in court-connected mediation programs for civil cases, as specified in the California Rules of Court.

(g) [Sanctions] Monetary sanctions may be imposed by the Administrative Presiding Justice or Supervising Associate Justice for failure to comply with these rules.
(Adopted eff. October 2, 2006; amended eff. March 2, 2007.)

Rule 2: STIPULATION FOR USE OF ORIGINAL SUPERIOR COURT FILE
Rule 8.128 of the California Rules of Court provides for the use of the original superior court file in lieu of the clerk's transcript on appeal in those civil cases where the parties so stipulate. In accordance with rule 8.128 of the California Rules of Court, the procedure therein is approved for use by the superior courts within this district.
(Adopted, eff. Sept. 4, 1989; renumbered eff. October 2, 2006; amended eff. March 2, 2007.)

Rule 3: TIME FOR ORAL ARGUMENT
Each side is allowed 15 minutes for oral argument. Where there are more than two parties, a "side" consists of all parties whose interests are not adverse. If there are more than two parties represented by separate counsel who request oral argument, or if counsel for amicus curiae requests oral argument, the court may apportion or expand the time according to the respective interests of the parties and of amicus curiae. Any request for additional time for oral argument must be made by written application submitted to the court within 10 calendar days of the date of the order setting oral argument. The application must be served contemporaneously on all other parties and must specify the amount of time requested and the issues to which additional oral argument will be addressed. When an application is granted, the time allotted to the other side or sides will be similarly enlarged. All parties will be advised of the disposition of any such application prior to hearing.
(Adopted, eff. April 10, 1998; renumbered eff. October 2, 2006.)

Rule 4: JUDICIAL NOTICE OF LEGISLATIVE HISTORY MATERIALS
A party making a motion to have the Court take judicial notice of legislative history documents must identify each such document as a separate exhibit and must provide legal authority supporting the consideration of each document as cognizable legislative history. (See Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26.)
(Adopted eff. October 2, 2006.)

Former Rule 1. Repealed effective October 2, 2006.
Former Rule 2. Repealed effective October 2, 2006.
Former Rule 3. Repealed effective October 2, 2006.
Former Rule 4. Repealed effective October 2, 2006.
Former Rule 5. Repealed effective October 2, 2006.
Former Rule 6. Repealed effective October 2, 2006.
Former Rule 7. Repealed effective October 2, 2006.
Former Rule 8. Repealed effective October 2, 2006.
Former Rule 9. Repealed effective October 2, 2006.
Former Rule 10. Repealed effective October 2, 2006.
Former Rule 21. Repealed effective July 6, 1993.
Former Rule 22. Renumbered rule 2 effective October 2, 2006.
Former Rule 23. Renumbered rule 3 effective October 2, 2006.
Former Rule 31. Repealed effective October 2, 2006