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Fourth Appellate District Practice

These pages outline some of the special practices, policies, and procedures in the Fourth Appellate District. They do not go into detail on the requirements and provisions of the statewide California Rules of Court or Fourth District Local Rules, nor do they describe the court’s Internal Operating Practices and Procedures, although links to the court’s website are provided.

RESOURCES AND INFORMATION ON COURT WEBSITE

Counsel should regularly consult the sources of information on the California court website and the Fourth District pages (external site links). Especially relevant parts include:

DIVISION PRACTICE

Division One Practice

Division Two Practice

Division Three Practice

 

MAIN TOPICS COVERED

Contact the Court DIV 1 DIV 2 DIV 3

General Information DIV 1 DIV 2 DIV 3

  • Internal Operating Practices and Procedures
  • Forms and Rules
  • Fourth District Practices & Procedures
  • Misc. orders
  • Superior court dockets online (Divs. 2 & 3 only)

Notice of Appeal DIV 1 DIV 2 DIV 3

  • ADI notice of appeal forms
    • General Forms & Samples page
    • Dependency Forms page
  • Late notice of appeal and/or CPC request

Extensions, Augmentations, Corrections, and Settlements DIV 1 DIV 2 DIV 3

  • Forms
    • Extensions of time
    • Augment motion
    • Correction of record
  • Correction of record procedures
    • Preliminary step – calling Court of Appeal
    • Where to send
  • Augment request – timing
  • Checklist at conclusion of augment request
  • Combined augmentation and correction of record
  • Envelopes with extension request unless faxed
  • Post-augment extension of time
  • Extension after "no further extensions"
  • Settlement motion

Superior Court Files and Exhibits DIV 1 DIV 2 DIV 3

  • Contents and form of juvenile transcripts (Divs. 1 and 3 only)
  • Viewing files and exhibits through ADI representative
    • Availability
    • Procedure
    • ADI access to superior court files
  • Viewing by appointed attorney
  • Exhibits
    • Viewing exhibits (San Diego County only)
    • Transmission to Court of Appeal
      • Court form (Div. 2 only)
      • ADI forms
    • Court order for transcript of exhibits (Div. 2 only)

Briefs DIV 1 DIV 2 DIV 3

  • Default notice issued before appointment
  • Electronic transmission of briefs to court
  • Electronic service
  • Supplemental brief
    • Supplemental brief versus new opening brief
    • Forms
  • Pro per briefs

Tentative Opinions (Div. 2 only) DIV 2

Oral Argument DIV 1 DIV 2 DIV 3

  • Court notice of oral argument (Div. 2 only)
    • Court to schedule argument on its own
    • Court not to schedule argument on its own
  • Request
  • Late request
  • Changing calendar position
  • Cancellation
  • Oral argument time limit
  • Associate counsel for oral argument
  • Directions
  • Lodging (Divs. 1 and 2 only)

Petition for Rehearing DIV 1 DIV 2 DIV 3

  • Pro per petitions
  • Answer to petition for rehearing

Change of Address DIV 1 DIV 2 DIV 3

  • Attorney
  • Client

 

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*The material found on this website is for informational purposes only. It should not be considered to be legal advice and is not guaranteed to be complete or up to date. Use of this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between the user and Appellate Defenders, Inc. (ADI) or any of the firm's attorneys. Readers should not rely upon or act upon this information without seeking professional counsel. See full disclaimer.