Cal. R. 8.730

As amended through September 20, 2024

Rule 8.730 - Filing, modification, and finality of decision; remittitur

(a) Filing of decisions

Rule 8.264(a) governs the filing of decisions in writ proceedings under this chapter in the Court of Appeal and rule 8.532(a) governs the filing of decisions in the Supreme Court.

(Subd (a) adopted effective January 1, 2011.)

(b) Modification of decisions

Rule 8.264(c) governs the modification of decisions in writ proceedings under this chapter. (Subd (b) adopted effective January 1, 2011.)

(c) Finality of decision

(1) A court's denial of a petition for a writ under rule 8.495, 8.496, or 8.498 without issuance of a writ of review is final in that court when filed.

(2) Except as otherwise provided in this rule, a decision in a writ proceeding under this chapter is final in that court 30 days after the decision is filed.

(3) If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, the court may order early finality in that court of a decision granting a petition for a writ under this chapter or, except as provided in (1), a decision denying such a petition. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

(4) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

(5) If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.

(Subd (c) amended effective July 1, 2012; adopted effective January 1, 2011.)

(d)Remittitur

A Court of Appeal must issue a remittitur in a writ proceeding under this chapter except when the court denies the petition under rule 8.495, 8.496, or 8.498 without issuing a writ of review. Rule 8.272(b)-(d) governs issuance of a remittitur in writ proceedings under this chapter.

(Subd (d) amended effective July 1, 2012; adopted as unlettered subd; previously lettered and amended effective January 1, 2011)

Cal. R. Ct. 8.730

Rule 8.730 renumbered effective 4/25/2019; adopted as 8.499 effective 1/1/2008; previously amended effective 1/1/2011, and7/1/2012.