Introduction Letter to Client Sample (Dependency)
Updated: 06/08/10
Suggested introductory paragraphs for a new dependency client
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General Information Sheet on Understanding a Dependency Appeal
Updated: 06/08/10
An enclosure sheet that introduces the appellant to the dependency appeal process in general terms
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General Information Sheet on Standard of Proof (Dependency)
Updated: 06/08/10
An enclosure sheet that introduces the appellant to the differences in proceedings between criminal and dependency matterss
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General Information Sheet on Standard of Review (Dependency)
Updated: 06/08/10
An enclosure sheet that introduces the appellant to three standards of review in dependency cases
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Phoenix H. Client Advisory Letter (English-only version)
Updated: 06/08/10
Suggested explanation letter for a Phoenix H. filing; counsel is advised to customize this letter to address the client’s specific concerns in the appeal
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New! — Phoenix H. Client Advisory Letter (Spanish-English version)
Updated: 07/13/11
Suggested generic-explanation letter for a Spanish-speaking client and a Phoenix H. filing; unless fluent, counsel is advised to NOT customize this letter and leave as is. To address a client’s specific concerns in the appeal, a separate translated letter or memo must be added to this generic advisory letter.
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Third District: Counsel’s Phoenix H. AOB
Updated: 06/08/10
Model minimum-language format for a formal brief; use in the Third District only
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New! — Fifth District: Counsel’s Phoenix H. Letter Brief (WI 300/366.26 case)
Updated: 06/15/18
Model minimum-language format for a letter brief; use in the Fifth District only
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New! — Fifth District: Counsel’s Phoenix H. Letter Brief (Family Law case)
Updated: 07/13/11
Model minimum-language format for a letter brief; use in the Fifth District only
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Third District: In Pro Per Motion For Leave to File Supplemental Phoenix H. Brief (Dependency)
Updated: 06/08/10
Model format for appellant’s in pro per motion following counsel’s Phoenix H. filing; use in the Third District only
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Fifth District: Court’s Order Post-Phoenix H. Brief
Updated: 07/13/10
In the Fifth District only, after appointed counsel files a Phoenix H. brief, the court will issue an order extending 30-days leave for appellant to personally file, with the court, a letter stating a good cause showing that an arguable issue does exist. No formal motion or other pleading will be required of the appellant, except that appellant must attach a proof of service that includes the superior court clerk, trial counsel for the child(ren), appellant’s counsel, and counsel for respondent. If the appellant does not file such a letter within the time permitted or otherwise does not make a good cause showing that an arguable issue does exist, the appeal will be dismissed as abandoned. (See a sample letter and proof of service for appellant below.)
See procedures for the Fifth District
Fifth District: Client’s Phoenix H. Letter Brief
Updated: 06/08/10
In the Fifth District only, counsel may file a letter brief setting out the applicable facts, procedure and law (a “Phoenix H. brief”), and provide a copy of the Phoenix H. brief to the appellant, respondent, the trial court, and CCAP, with a proof of service. Then it is the appellant’s burden to personally make a good cause showing that an arguable issue does exist.
See procedures for the Fifth District
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Court of Appeal: In Pro Per Proof of Service Sample
Updated: 06/08/10
Sample Proof of Service to provide an appellant who wishes to file a Phoenix H. response
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AOB Cover Letter to Appellant (Dependency)
Updated: 06/08/10
Suggested introductory paragraphs for a non-Phoenix H. brief by counsel
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Information Sheet About Contact Adopted Children in Future
Updated: 06/08/10
An enclosure sheet that introduces the appellant to steps that may allow contact with a child when he or she turns 21. Use discretion for appropriate case.
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Received Opinion – Closing Letter Sample
Updated: 06/08/10
Suggested introductory paragraphs for various options after receipt of the opinion: no further action, petition for rehearing, or petition for review
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Petition for Review – In Pro Per Filing Instructions (Dependency)
Updated: 06/08/10
An enclosure sheet with instructions for filing a petition for review with the California Supreme Court in a dependency case
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