Effective January 3, 1997

Rule 1. Service of Writ Petitions Requesting Immediate Relief

A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 15 days shall be accompanied by a declaration establishing:

(1) prior service on the respondent and each real party in interest by (a) personal delivery or (b) facsimile (with the consent of the party so served), or

(2) as to the respondent and each real party in interest not so served (a) why such service could not reasonably be effected, (b) what other efforts were made (e.g., by telephone) to give prompt notice of the request, and (c) prior service by certified or express mail or delivery to a common carrier promising overnight delivery.

When a request that a stay, injunction, or other form of relief be issued within 15 days is bound with or included in the text of any writ petition or any other document, the cover shall bear the conspicuous notation "IMMEDIATE RELIEF REQUESTED" or words of like effect. Such notation shall constitute compliance with California Rules of Court, rule 49.5. If such a notation does not appear on the cover, the court may decline to consider the request for such immediate relief.

(Adopted, eff. Oct. 2, 1983. Amended eff. Sept. 9, 1996.)

Rule 2. Covers on documents filed with the court

The court will not accept for filing any document which has a plastic or acetate cover or which does not conform strictly to rules 9 and 15 of the California Rules of Court.

(Adopted, eff. Oct. 2, 1983.)

Rule 3. Petitions for extraordinary writs (Division One only)

Division One will accept for filing only those petitions for writs of mandate and prohibition which pray solely for a peremptory writ. If meritorious, upon due notice by petitioners, the court can grant them in the first instance. The court will not accept for filing petitions praying for alternative writs.

(Adopted, eff. Aug. 10, 1982.)

Rule 4. Civil settlement conference procedures (Division Two only)

(a) [Application of rule] This rule is adopted pursuant to rule 19.5, California Rules of Court, and shall apply to all civil cases except appeals from proceedings under sections 300, 601, and 602 of the Welfare and Institutions Code, appeals from proceedings under sections 221 and 232 of the Civil Code, and appeals from original proceedings ancillary to a criminal prosecution.

(b) [Notice of availability of conference] Upon receipt of notice of the filing of a notice of appeal, the clerk of this court shall mail a copy of this rule to counsel for all parties.

(c) [General settlement conference procedure]

(1) The presiding justice may schedule a settlement conference and order the parties' attendance at any time during the pendency of an appeal.

(2) Written notice of the date and time of the settlement conference will be given by the court.

(3) Immediately upon accepting a case for the settlement conference procedure, all further proceedings, including the filing of briefs, shall be suspended until further order of the court. However, this rule shall not suspend preparation of the appellate record unless a specific order is issued directing suspension of record preparation.

(d) [Prebriefing settlement conference procedure and sanctions]

(1) A request for a settlement conference to be held prior to completion of briefing shall be served and filed within 30 days from the date of mailing of the notice specified in subdivision (b). Opposition to a request for a settlement conference must be served and filed within 15 days after the request's filing date.

(2) If the court orders a settlement conference prior to the completion of briefing, the parties shall each serve and file an original and one copy of a settlement conference statement at least 15 days before the settlement conference. The parties may file by the same date a joint settlement conference statement in lieu of separate statements. Failure to timely serve and file a settlement conference statement complying with this rule may result in the imposition of sanctions including dismissal of the appeal. Every settlement conference statement shall contain the following:

(i) The trial court name and case title and number;

(ii) The name of the judge who rendered the judgment or order appealed and the date of its entry;

(iii) The date the notice of appeal was filed;

(iv) The names, address, and telephone numbers of counsel for all parties to the appeal;

(v) A brief description of the judgment or order appealed;

(vi) A concise statement of the case, including a brief procedural history and all facts material to consideration of the issues presented; and,

(vii) The issues expected to be raised in the briefs.

(e) [Postbriefing settlement conference procedure and sanctions] After briefing is completed, the court may request the parties to provide information helpful to the court in deciding whether to order the parties to participate in a settlement conference. The parties shall complete all post-briefing settlement conference questionnaires and respond to all confidential settlement conference inquiries within 15 days of mailing by the clerk of the court. Failure to timely respond to a settlement conference inquiry or questionnaire may result in the imposition of sanctions including dismissal of the appeal.

(f) [Settlement conference and sanctions]

(1) The court shall maintain a list of attorneys who have developed expertise in specified areas of law, are generally respected in the legal community, and are willing to mediate settlement conferences at this court. These attorneys shall be designated as settlement conference mediators and preside over every settlement conference unless otherwise ordered. A justice or assigned justice may be designated as a settlement conference mediator and preside over a settlement conference if so ordered.

(2) The mediator presiding over a settlement conference may in his or her discretion continue it from time to time to allow for further negotiation.

(3) Counsel for every party to the appeal and their clients shall attend any settlement conference. Failure to attend a settlement conference may result in the imposition of sanctions against any party or counsel, including dismissal.

(4) The settlement conference mediator may invite parties to the action who are not parties to the appeal, or any person who has an interest in the action, to attend the settlement conference if it appears to the mediator that their presence may facilitate settlement of the case. Any party to the appeal may serve and file a written request for the attendance of such a party or person at least 15 days before the settlement conference.

(5) Counsel shall confer with their clients in advance and be thoroughly familiar with the case and prepared to present their contentions in detail.

(6) The presiding justice, a justice designated by the presiding justice, or the settlement conference mediator may excuse a client's personal attendance upon request and a showing that hardship or unusual circumstances make the client's attendance impossible or impractical. If personal attendance is excused, counsel either shall have obtained full authority to agree to a settlement that binds the client or the client shall be available for consultation by telephone.

(7) Where settlement cannot be reached, partial settlement will be sought. Any settlement shall be reduced to writing and signed by counsel. After a complete settlement has been agreed to in writing, the parties shall promptly file a stipulation to dismiss the appeal on the ground that the case has been settled. The stipulation shall specify the allocation of costs on appeal and state whether the remittitur is to issue immediately.

(g) [Disqualification of settlement conference justice]

(1) A justice or assigned justice who participates in a settlement conference that does not result in complete settlement shall not thereafter participate in any way in the consideration or disposition of the case on its merits.

(2) A justice or assigned justice of the court will not be disqualified to participate in the consideration or disposition of a case on its merits because he or she has ruled on a request for a settlement conference, ordered that a settlement conference be held, signed orders granting relief from default for an act required by a party under this rule, extended or shortened any time period specified in this rule, or otherwise signed an order concerning a procedural aspect of the settlement conference process. Only mediating a settlement conference shall disqualify a justice from consideration or disposition of the case on its merits.

(Adopted, eff. Oct. 13, 1992.)

Rule 5. Payment of Filing Fee in Civil Appeals

(Repealed, eff. Sept. 9, 1996.)

Rule 6. Writ Petitions: Supporting Records and Stay Requests

(Repealed, eff. Sept. 9, 1996.)

Rule 7. Civil settlement conference procedures (Division Three only)

(a) [Applicability] This rule applies to appeals in all civil cases except proceedings under sections 300, 601, and 602 of the Welfare and Institutions Code, proceedings under sections 221 and 232 of the Civil Code, and proceedings ancillary to a criminal prosecution.

(b) [Notice to parties] When the clerk receives notice of the filing of a notice of appeal, the clerk shall mail to counsel for each party (1) a letter from the settlement conference committee inviting the parties to request a conference, (2) a Settlement Conference Information form, and (3) a copy of this rule and rule 19.5 of the California Rules of Court.

(c) [Conference by stipulation] If all parties stipulate to a settlement conference and file the stipulation, the court will normally order a conference. If the stipulation is filed within 15 days after the invitation letter is mailed, the parties may designate in the stipulation which judge of this division will preside at the conference.

Upon the filing of the stipulation, the court will notify the parties of the name and telephone number of the court employee with whom they shall arrange the time for the conference.

At least seven days before the date set for the conference, each party shall complete the Settlement Conference Information form and lodge it with the clerk.

(d) [Conference by request of a party] A party may request a settlement conference by completing the Settlement Conference Information form and lodging it with the clerk. The requesting party should lodge the form within 15 days after the invitation letter is mailed. The court may upon examination of the form order a settlement conference.

Within 10 days after the order, the parties may stipulate which judge will preside over the conference; in the absence of a timely stipulation, the court will notify the parties who will preside.

The court will notify the parties of the name and telephone number of the court employee with whom they shall arrange the time for the conference.

At least seven days before the date set for the conference, each party who did not lodge a Settlement Conference Information form as a request for a conference shall complete the form and lodge it with the clerk.

(e) [Conference on court's motion] The court may on its own motion order a settlement conference.

Within 10 days after the court's order, the parties shall arrange a time for the conference with the clerk. If all parties are unable to agree on a time that the clerk advises them is available, the court shall set the time.

At least seven days before the date set for the conference, each party shall complete the Settlement Conference Information form and lodge it with the clerk.

(f) [Stay of proceedings] Upon the filing of a stipulation by all parties or an order for a settlement conference, the time for preparing and filing the record and for filing briefs shall be suspended until the conference judge terminates settlement proceedings or otherwise orders the stay terminated.

(g) [Conference requirements]

(1) [Notice] At least seven days before the settlement conference, counsel shall notify their clients and any insurance carriers in writing of the date and time of the conference. Copies of the notices shall be available at the conference and produced upon request.

(2) [Attendance] In addition to counsel for all parties, the following persons authorized to settle the case shall be present at the conference: (i) each individual party, (ii) an officer or employee of each corporate party, and (iii) a claims representative of each insurance company or, if a party is uninsured or self-insured, an authorized agent. Attendance by counsel claiming settlement authority (except corporate house counsel) shall not satisfy these attendance requirements.

(3) [Documents] The conference judge may order a party to produce any documents deemed necessary.

(h) [Sanctions] The court may impose sanctions for (1) failure to appear at the settlement conference, (2) failure to participate in good faith, (3) failure to comply with this rule or rule 19.5 of the California Rules of Court, and (4) failure to comply with an order of the court or an order of the conference judge. Sanctions may include monetary awards and dismissal of the appeal.

(i) [Confidential proceedings] All discussions and information imparted during the settlement conference shall be confidential. The court shall seal all written materials relating to settlement. If the appeal is not settled, the conference judge shall not participate further in the appeal without the written consent of all the parties.

(Adopted, eff. Sept.14, 1989.)

Rule 8. Attachments to briefs (Division One only)

(a) [Applicability] This rule applies to all briefs filed in the Court of Appeal, Fourth Appellate District, Division One, on or after April 2, 1990.

(b) [Purpose] The court notes that attachments to briefs often contain material which is not properly before the court or which is unnecessary for the proper disposition of the case. It is the policy of the court to discourage the use of attachments except in certain limited areas.

(c) [Review of Attachments] After a brief is filed, the presiding justice will review attachments to the brief and will take action consistent with rule 14(e) of the California Rules of Court when a brief is defective because improper material has been included in an attachment. This action may include striking the entire brief or returning the brief to counsel for removal of the improper material.

(d) [Proper Attachments] There shall be no attachments to a brief except the following:

(1) Copies of exhibits or materials which are already contained in the existing record on appeal as set out in rule 14(d).

(2) Expository material which is designed as an aid to understanding the presentation in the brief, such as graphs, charts, or diagrams derived from or illustrating matters in evidence. Expository material should be clearly labeled as such, so that it will not be confused with exhibits in the record.

(3) An unpublished opinion cited to the court under rule 977(c) of the California Rules of Court.

(4) Authorities from other jurisdictions which are not available to the court in its library. A list of materials in the court's library can be obtained from the clerk's office.

(e) [Declaration Required] Counsel filing a brief with attachments shall file a declaration specifying whether the material is part of the record and, if not, why each attachment is permissible.

(f) [Length of Briefs] Only an attachment containing expository material as defined in subdivision (d)(2) shall be considered in determining the length of briefs under rules 14(c) and 37(d) of the California Rules of Court.

(g) [Requests for Judicial Notice] Requests that the court take judicial notice of a document under Evidence Code section 459 shall be submitted as a separately bound motion and served on all opposing parties. These materials shall not be included as an attachment to a brief.

(Adopted, eff. April 2, 1990. As amended, eff. May 13, 2002.)

Rule 9. Civil Docketing Statement; Form

(a) [Application and purpose of rule] This rule applies to all appeals ("appeals" include cross-appeals) from proceedings that originate under the general civil jurisdiction prosecution and proceedings that originate under the jurisdiction of the juvenile court. The purpose of this rule is to facilitate the court's discovery of procedural and jurisdictional defects before the appellate record is prepared and to identify cases deserving preferential treatment or consolidation.

(b) [Docketing statement; time] Within 10 calendar days after filing the notice of appeal, the appellant shall file a docketing statement in the Court of Appeal with proof of service on all parties to the appeal.

(c) [Failure to file statement] If a docketing statement is not timely filed after written notice, the court may impose sanctions against counsel (or appellant if pro. per.), monetary or otherwise, as appropriate under the circumstances.

(d) [Mandatory use of form] The following civil docketing statement form shall be used.

(Adopted, eff. Jan. 3, 1997. As amended, eff. April 8, 2002.)

Rule 10. Stipulation for use of original superior court file

Rule 5.2 of the California Rules of Court, effective July 1, 1989, 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 5.2 of the California Rules of Court, the procedure therein is approved for use by the superior courts within this district unless the Court of Appeal orders otherwise in a particular case.

(Adopted, eff. April 26, 1992.)