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Interim COVID-19 Claims Policy Now Permanent

Because of the added benefit to the panel attorneys in the ability to submit an early claim in specific situations, the JCC is making the COVID-19 interim claim provisions permanent. This includes:

--A pre-AOB interim claim: (1) where the record length exceeds 1,500 pages, or (2) where counsel has been waiting for an augmented or corrected record longer than 90 days; and
--An additional, post-AOB interim claim may be submitted after the reply brief is filed.

Categories of billable time for these claims are explained in the joint-project memo, which is available here (link to PDF).


Oral Argument Updates

Beginning with oral argument in June 2022, the Court of Appeal, Third Appellate District, will conduct oral argument in-person at the Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento, California 95814. Those participating in oral argument who do not wish to appear in-person may file an application to appear telephonically. Telephonic oral argument will be granted only upon a showing of exceptional good cause.

The Fifth District recently released a memo indicating that in-person and video oral arguments will begin in May. They are arranging the capability to have attorneys in court and via video on the same case. If you are arguing in court, you will be able to see the party appearing via video. If you are arguing remotely, you will be able to see all the justices and the opposing party. The justices will have individual monitors on the bench and will be able to view all parties.






Hourly Rate Increase for CAC Panel Attorneys!

The Legislature and the Governor have agreed to a framework for the 2022-2023 budget, which includes a $15 rate increase for appointments through the Court-Appointed Counsel (CAC) Program in the Courts of Appeal.

For appointments on or after 7/1/22, the new hourly rates are as follows:

-$130 for upper-tier independent appointments
-$120 for all other independent appointments
-$110 for all assisted appointments

For information about determining the rate for a specific case, see CCAP's Rate Information webpage.


New Acting Presiding Justice in the Third District and Extension of Time Requests

Presiding Justice Vance Raye of the Third District Court of Appeal has retired, effective June 1, 2022. Associate Justice Ronald Robie has been appointed as the new Acting Administrative Presiding Justice of the Third District by the Chief Justice until the Governor appoints a replacement.

The Third District has informed CCAP that, with this change in leadership, some of the Court's internal policies have been under review. As a result of that review, the Court's relatively liberal policy regarding requests for extension of time to submit briefs will be undergoing changes. All requests for extension of time must make a good cause showing based on the factors outlined in Rule 8.63(b) of the California Rules of Court. The Court has also informed us that counsel should take particular note of any indication that "no further time" will be provided.

The full text of Rule 8.63 is available here (external link).







Third District: EOT or Stay?

Rather than serial requests for EOTs to submit briefing, the Third District would entertain a motion for stay pending resolution of a Fares letter request or other motion matter in the trial court that holds up briefing.


Practice Note When a Case in the CSC is Remanded or Transferred to the Court of Appeal

If a client's case in the Supreme Court has been remanded or transferred for further proceedings in the Court of Appeal, counsel should be aware of rules 8.200(b) (supplemental briefs after remand or transfer from Supreme Court), 8.532(b) (finality of decision in the CSC), and 8.528 (disposition in the CSC) of the California Rules of Court. Those rules specify that any supplemental briefing in the Court of Appeal must be filed within 15 days after the Supreme Court order becomes final, and govern the timing of the finality of the Supreme Court order.