Fifth District Policies

Updated: 6/3/2016

1. Bookmarking is required for all briefs

Local rule 8(b) requires each brief to include electronic bookmarks to each heading in the text. All original writ petitions must include electronic bookmarks for each heading in the text and to the first page of any accompanying exhibit(s), with a description of the exhibit included in the bookmark.

The Court has indicated that the following items in a brief should be bookmarked in the final PDF:

• Table of Contents
• Table of Authorities
• All headings and subheadings in the brief
• Certificate of Word Count
• Proof of Service

Clerk’s office clarification: The “table of contents” reference in Local Rule 8 refers to a bookmarking table that appears on the left-side of the bookmarked PDF document; it is NOT referencing the Table of Contents contained within the brief itself. If counsel only provide links within the brief’s Table of Contents, the filed brief will not be in compliance with Local Rule 8 and the clerk’s office may reject the brief.

What is a bookmark? (PDF)

Example bookmarked brief (PDF)

Fifth’s Formatting Guidelines (PDF)

Need help on how to bookmark?
We have created step-by-step guides on how to bookmark located on our Step-by-Step guides page.

2. Pagination is required for all documents in this court

Document pages must be consecutively numbered beginning on the cover page of the document and using only the Arabic numbering system, as in 1, 2, 3, etc. The cover page should always show number 1. (Local Rule 8(b).)

Fifth’s Formatting Guidelines (PDF)

Need help on how to paginate?
We have created step-by-step guides on how to paginate a document located on our our Step-by-Step guides page.

3. Changing your email address?

TrueFiling requires a current email address. It is important that counsel plan ahead for any change of the email address used for TF. You will not be able to file or receive TF notices on electronic filings if your email address is no longer functioning either because the email has changed, or the mailbox is “full.”

Unfortunately, counsel cannot unilaterally update their own profile email address within the TF system. To update your TF email, you must submit a change of email address to the court pursuant to rule 8.78(d)(1), with service on the parties and CCAP. (Once filed, the court’s database will in turn update TF in a secured upload process that occurs each night.)

Both the Third and the Fifth are okay with submitting a single notice that lists all open cases you are appointed on for that court. Submit the notice via TrueFiling attached to only one case (and one set of fees).

4. Filings that may disclose material contained in a sealed or confidential record

All filers must comply with California Rules of Court, rules 8.46 and 8.47 pertaining to sealed and confidential material. (Ct. App., Fifth Dist., Local Rules, rule 8(f) (external link).) If it is necessary to disclose material contained in a sealed or confidential record in a filing (including any application, brief, petition, or memorandum), counsel should file any required motion or application to file under seal and the public redacted copy of the filing via TrueFiling. The unredacted copy of the filing that discloses material contained in a sealed or confidential record should be filed as a paper version with 4 copies.

5. Fifth’s guidelines for submitting documents that a party seeks to become a part of the appellate record

The court has created a guideline sheet for: 1) electronically submitting documents a party seeks to become part of the appellate record; and 2) formatting compliance for those documents. See Guidelines (PDF external link).

6. Motions to withdraw from a case does not require TrueFiling of this motion by appointed counsel.

Court and project required steps for moving to withdraw from a case are outlined in our Procedural Comparison Chart under “W” [“Withdrawing from a case”], which are the same in both Third and Fifth Districts.

Important reminder: You are counsel of record until the court issues an ORDER vacating your appointment and appointing new counsel on the case. This means that you are counsel of record while the motion is pending and are ethically responsible for all aspects of the case until the court grants your motion and appoints new counsel in your stead.