Division One Practice

Miscellaneous Orders

Division One has posted numerous miscellaneous orders. They include:

• The prohibition against disclosure of material in a confidential record does not apply to reference to material contained in a probation report that is part of the record on appeal.
• Reporter must supply reporter’s transcript in electronic form for dependency appeal.
• Counsel in criminal appeals must file any augment motion within 40 days of record-filing or appointment of counsel.
• Counsel in dependency appeals must file any augment motion within 15 days of record-filing or appointment of counsel.
• Oral argument is limited to 15 minutes unless court permits longer time.

Benoit  Filings

Division One prefers that an application to file a late notice of appeal under In re Benoit (1973) 10 Cal.3d 72/Roe v. Flores-Ortega (2000) 528 U.S. 470 be filed as a motion rather than a petition.

Correction of the Record and Extensions in Dependency Cases

Division One provides a Notification of Incomplete Juvenile Dependency Record form for counsel’s use.

Extensions of time in dependency cases require a waiver of default time. The request must include a statement agreeing that any rule 8.412(d) (or 8.416(g)) default time will be reduced by the number of days of the extension. (This includes extension requests tied to an augment or correction.) The language can be something like: “I agree that an additional time granted may be deducted from the period provided under California Rules of Court, rules 8.412(c) and (d) and 8.416(f) and (g).”

All Division One dependency cases are fast-track cases. Thus, counsel must show exceptional good cause for extensions, and extensions are granted only for 30 days and only for opening briefs.

ADI Assistance with Superior Court Files and Exhibits

Counsel should first try to obtain documents themselves by asking trial counsel or filing an augment motion or rule letter. In cases where counsel cannot obtain the documents and resides out of county, counsel should contact the assigned staff attorney to see if ADI can help.

Oral Argument

Oral argument must be requested before expiration of the time indicated in the court’s oral argument letter.