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Covid-19 announcements

Third District

Fifth District

California Supreme Court

CCAP Office Operations

Claims Processing and Substitution of Counsel

 

Third District

The Court will communicate updates related to the COVID-19 emergency on its homepage (external link).

 

Updated: 7/29/2020

The Third District did not issue an additional order extending time after the April 2020 order.

 

Third District Issues Order Extending Time by 30 Days (Deadlines Between April 20, 2020 and May 18, 2020)

On April 17, 2020, the Third District issued another order extending time by 30 days (the order is available here (external link to PDF)). All time periods specified by the California Rules of Court that occur during the time period between April 20, 2020, through and including May 18, 2020, are extended for 30 days from the date of the specified event. No application for an extension of time shall be required. The extension will be granted irrespective of whether a party received an automatic extension pursuant to the initial 30-day extension order.

This extension applies to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court, except that the time to file a petition for rehearing or a request for publication and the date of finality shall not, under any circumstances, be extended by more than a total of 30 days. The Court retains the discretion to disallow an extension of time, to order that an action be taken or an event occur within a specified time frame, or to vacate the order should conditions justifying the order abate.

On April 22, 2020, the Third District issued an additional order stating that the automatic extension provided by the Courtís most recent 30-day extension order does not apply to any briefs or petitions in juvenile dependency appeals and writs. The order is available here (external link to PDF).

Supplmental Briefs: The Third District has informed CCAP, for purposes of the newest 30-day extension order, the Court is applying the extension to supplemental briefs under California Rules of Court, rule 8.200, as well as court-directed briefing (for the initial 30-day extension order, the Court only applied the order to supplemental briefs under California Rules of Court, rule 8.200 and not to supplemental briefs directed by the Court). However, the Court may include language in court-directed briefing similar to "The time to file the supplemental briefs shall not be extended pursuant to this court's emergency orders, which otherwise extend the time to do any act required or permitted under the California Rules of Court," making it clear when the emergency order is not being applied.

 

Third District Issues Order Extending Time by 30 Days (Deadlines Between March 20, 2020 and April 19, 2020)

The Third District has obtained an Emergency Order from the Chair of the Judicial Council (the Chief Justice) permitting it to issue an order extending the time to do any act required or permitted under the California Rules of Court, which it has done by Order (external link to PDF) dated March 23, 2020.

The Court's order states:

On March 20, 2020, this Court submitted a request to the Chair of the Judicial Council for an emergency order under rule 8.66 of the California Rules of Court. On March 23, 2020, Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council, granted the request and issued an order authorizing this court to extend the time to do any act required or permitted under the California Rules of Court by 30 additional days (Order). Pursuant to the Order, and rule 8.66, the Court orders as follows:

The time to do any act required or permitted under the California Rules of Court is hereby extended by 30 additional days. No application for an extension of time shall be required. This order applies to proceedings in which the deadline for any action in the California Rules of Court occurs between March 20, 2020, through and including April 19, 2020.

Supplmental Briefs: The Third District informed CCAP that the Court is applying the emergency order only to supplemental briefs under California Rules of Court, rule 8.200 and not to supplemental briefs directed by the Court.

 

30-Day Extension Orders Now Apply to Extend the Deadline for a Petition for Rehearing (But Deadline Shall Not be Extended more than 30 Days)

A recent emergency amendment to California Rules of Court, rule 8.66 provides that the tolling/extension of time authorized under the rule includes and applies to all rules of court that govern finality in both the Supreme Court and the Courts of Appeal. On April 13, 2020, the Third District issued an order (available here (external link to PDF)) applying rule 8.66 retroactively to the starting date of its initial 30-day extension orders. The Court added language to the order providing that the extension applies to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court. The order also state that the Court retains the discretion to disallow an extension of time under appropriate circumstances.

Now that the Third District's 30-day extension orders apply to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court, the orders also apply to extend the deadline for filing a petition for rehearing. As stated in the Court's most recent 30-day extension order, the time to file a petition for rehearing shall not, under any circumstances, be extended by more than a total of 30 days.

Oral Arguments in the Third District

Beginning with oral argument in July, the Third District will conduct oral argument by videoconference using the BlueJeans Events application. Those participating in oral argument will receive a specific emailed invitation to the appropriate session of oral argument. Members of the public can view oral argument by clicking on a link, which will be posted on the Court's Calendar page when available. All fees for remote argument have been waived. See the Courtís Calendar page (external link) for more information.

The Third District has also posted instructions explaining how the public may view and/or listen to oral argument through the BlueJeans Events application, which are available on the Court's website here (external link to PDF).

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Fifth District

The Court will communicate updates related to the COVID-19 emergency on its homepage (external link).

The Fifth District did not issue an additional order extending time after the April 2020 order.

 

Updated: 7/21/2020

Fifth District Issues Order Extending Time by 30 Days (Deadlines Between April 22, 2020 and May 18, 2020)

On April 16, 2020, the Fifth District issued another order extending time by 30 days (the order is available here (external link to PDF)). All time periods specified by the California Rules of Court that occur during the time period between April 22, 2020, through and including May 18, 2020, are extended for 30 days from the date of the specified event. No application for an extension of time shall be required. The extension will be granted irrespective of whether a party received an automatic extension pursuant to the initial 30-day extension order.

This extension applies to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court, except that the time to file a petition for rehearing or a request for publication and the date of finality shall not, under any circumstances, be extended by more than a total of 30 days. The Court retains the discretion to disallow an extension of time, to order that an action be taken or an event occur within a specified time frame, or to vacate the order should conditions justifying the order abate.

On April 20, 2020, the Fifth District issued an additional order stating that the automatic extension provided by the Court's most recent 30-day extension order does not apply to any briefs or petitions in juvenile dependency appeals and writs. The order is available here (external link to PDF).

 

Fifth District Issues Order Extending Time by 30 Days (Deadlines Between March 23, 2020 and April 22, 2020)

The Fifth District has obtained an Emergency Order from the Chair of the Judicial Council (the Chief Justice) permitting it to issue an order extending the time to do any act required or permitted under the California Rules of Court, which it has done by Order (external link to PDF) dated March 23, 2020.

The Court's order states:

On March 23, 2020, this Court submitted a request to the Chair of the Judicial Council for an emergency order under rule 8.66 of the California Rules of Court. On March 23, 2020 Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council, granted the request and issued an order authorizing this court to extend the time to do any act required or permitted under the California Rules of Court by 30 additional days (Order). Pursuant to the Order, and rule 8.66, this Court hereby orders as follows:

The time to do any act required or permitted under the California Rules of Court is hereby extended by 30 additional days. No application for an extension shall be required. This order applies to proceedings in which the deadline for any action in the California Rules of Court occurs between March 23, 2020, through and including April 22, 2020.

 

Deadlines for Supplemental Briefs

The Fifth District informed CCAP that the 30-day extension orders apply to any brief (including supplemental briefs) due within the dates listed in the orders, unless the order for briefing states the 30-day extension period does not apply (but note the Fifth District's most recent 30-day extension order does not apply to juvenile dependency cases). This will most likely occur in cases involving juveniles, or other cases with urgency.

 

30-Day Extension Orders Now Apply to Extend the Deadline for a Petition for Rehearing (But Deadline Shall Not be Extended more than 30 Days)

A recent emergency amendment to California Rules of Court, rule 8.66 provides that the tolling/extension of time authorized under the rule includes and applies to all rules of court that govern finality in both the Supreme Court and the Courts of Appeal. On April 13, 2020, the Fifth District issued an order (available here (external link to PDF)) applying rule 8.66 retroactively to the starting date of its initial 30-day extension orders. The Court added language to the order providing that the extension applies to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court. The order also state that the Court retains the discretion to disallow an extension of time under appropriate circumstances.

Now that the Fifth District's 30-day extension orders apply to time periods pertaining to finality of a decision where finality is not immediate under the California Rules of Court, the orders also apply to extend the deadline for filing a petition for rehearing. As stated in the Court's most recent 30-day extension order, the time to file a petition for rehearing shall not, under any circumstances, be extended by more than a total of 30 days.

Oral Arguments in the Fifth District

On March 17, 2020, the Court issued an order suspending all in-person oral argument. On April 13, 2020, the Court issued a new order suspending all in-person oral argument that supercedes the March 17, 2020 order. The new order provides counsel and/or parties appearing in propria persona will appear via CourtCall or video conferencing. The order is available on the Court's website here (external link to PDF). Telephonic appearances can be arranged at CourtCall.com (external link). Video appearances will be arranged by the Court. All sessions will continue to be live-streamed on the Fifth District's website.

The platform the court is using for video appearances is BlueJeans. The company is a Verizon affiliate that provides a cloud-based video conferencing service that connects participants across a wide range of devices and platforms. Its headquarters is in San Jose.

During the COVID-19 pandemic when in-person oral arguments are not available, the court prefers that counsel utilize video appearances (instead of telephonic appearances through CourtCall) for oral arguments. There is no fee for panel attorneys to use BlueJeans for an oral argument video appearance, and you do not need a BlueJeans account to use the service for an oral argument video appearance. The court will arrange for the video appearance and will send counsel instructions prior to the argument.

The court's preference toward video (over telephonic) appearances will remain in effect until the end of the year, and could be extended depending on the COVID-19 pandemic.

Many panel attorneys are likely new to oral argument video appearances. Luckily, in the beginning of June 2020, ADI presented a webinar on Tips for Remote Oral Argument in the Appellate Courts. The video is available on ADIís website here (for self-study MCLE credit) (external link to video file). The written materials are available here (external link to PDF).

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California Supreme Court

The Court will communicate updates related to the COVID-19 emergency on its homepage (external link).

 

Updated: 4/28/2020

California Supreme Court Issues Order Extending deadlines for 30 Days (Deadlines Between March 20, 2020 and April 20, 2020)

On Friday March 20, 2020 the California Supreme Court (CSC) issued an order (external link to PDF) extending all high court proceedings for an additional 30 days, in light of the COVID-19 pandemic which has created a "public health emergency."

The order applies only to CSC proceedings with deadlines from March 20 through April 20.

The Courtís News Release regarding the deadline extensions in response to the COVID-19 pandemic is available here (external link).

A recent emergency amendment to California Rules of Court, rule 8.66 provides that the tolling/extension of time authorized under the rule includes and applies to all rules of court that govern finality in both the Supreme Court and the Courts of Appeal. On April 10, 2020, the CSC issued an updated 30-day extension order (external link to PDF), after rule 8.66 was amended. The new order provides that the extension applies to the time period for the finality of a decision of the court where finality is not immediate under the California Rules of Court. (Cal. Rules of Court, rule 8.532(b)(1).) All causes will continue to be determined within 90 days after their submission for decision. (See Cal. Const., art. VI,ß 19; Gov. Code, ß 68210.) The court retains discretion to disallow an extension of time or to order that an action be taken or an event occur within another specified time frame, as appropriate.

The Court also ordered that the time periods specified by the California Rules of Court for the Court to order review and to extend time to order review (Cal. Rules of Court, rule 8.512(b), (c)) are extended by 30 days in matters in which either a petition was pending before the court between March 20, 2020, and April 20, 2020, or the court could have ordered review on its own motion between March 20, 2020, and April 20, 2020.

As of April 28, 2020, the CSC has not issued a new 30-day extension order.

Petition for Review Deadlines

For petitions for review in the California Supreme Court, the deadline is based on the date the Court of Appealís decision is final. (Cal. Rules of Court, rule 8.500(e)(1) ["A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court."].) Since the Third Districtís and Fifth Districtís 30-day extension orders apply to the time periods governing when a decision is final (when the decision is not final immediately), this will extend the deadline for filing a petition for review in the CSC by 30 days. As stated in each Court of Appeal's most recent 30-day extension order, the date of finality shall not, under any circumstances, be extended by more than a total of 30 days.

Please note that the CSCís 30-day extension order does not apply to petitions for review. This means the 10-day period to file a petition for review after the Court of Appealís decision is final will not be extended by 30 days (so you will only get one 30-day extension). The CSCís order is for pending matters before the Supreme Court (for example, the time to file an answer to a petition for review or for the court to act on a pending matter).

Reminder for calculating the due date for a petition for review: Under California Rules of Court, rule 8.500(e)(1), a petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.

Generally, Court of Appeal decisions in criminal appeals and juvenile appeals are final 30 days after filing. (See Cal. Rules of Court, rules 8.366(b) [criminal appeals], 8.470, 8.264(b) [juvenile appeals].) Some exceptions: (1) Dismissal of an appeal on request or stipulation is final immediately. (2) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication. (3) If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order. (See Cal. Rules of Court, rules 8.366(b), 8.264(b), (c).)

Make sure you calculate the due date for a petition for review based on the date the Court of Appeal's decision is final, taking into account the Court of Appeal's 30-day extension order. You can use CCAP's Day and Date Calculator to help you calculate the due date.

California Supreme Court Expands Electronic Filing; No Paper Copies Sent to Court

On Wednesday 18, 2020, the CSC expanded mandatory electronic filing via TrueFiling in light of the COVID-19 pandemic. Now all documents (including briefs in cases where review has been granted) must be filed electronically on the "TrueFiling" platform, and paper copies should not be submitted, until further notice. A notice regarding this change is posted on the Court's Electronic Filing / Submissions page (external link).

The Courtís News Release regarding expanded electronic filing is available here (external link).

Oral Arguments in the California Supreme Court

On March 16, 2020, the CSC issued an order (external link to PDF) suspending in-person oral argument sessions. Until further notice, the CSC will be conducting oral argument from the San Francisco Supreme Court Headquarters building with counsel appearing through teleconferencing, videoconferencing, or similar methods of remote participation. Oral argument sessions will continue to be livestreamed for the public.

The Courtís News Release regarding oral argument is available here (external link).

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CCAP Office Operations

Updated: 6/22/2020

CCAP Physical office reopened with limited Staff Onsite--Most Staff are Still Working Remotely

In compliance with state and county health orders, CCAP reopened its physical office with a limited number of staff, effective June 1, 2020. As a result, transcripts and other mail items may now be sent to CCAP's office at 2150 River Plaza Dr., Ste. 300, Sacramento, CA 95833. But please note the majority of CCAP employees (including staff attorneys) will continue to work remotely, which includes processing claims.

Please note:

  • Email is the best way to reach a staff attorney regarding a case.
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  • Effective June 1st CCAP is no longer removing plastic covers from transcripts. Scientific studies now appear to show that COVID-19 remains viable on plastic surfaces up to 72 hours (previously, COVID-19 was thought to remain viable on plastic up to 9 days). In most cases, 72 hours will have elapsed from the time personnel from the trial courts and CCAP have handled the transcript to the time the panel attorney receives the transcript. Consequently, CCAP no longer considers this step as a necessity for its staff to safely handle transcripts. For anyone concerned that the virus may survive on the covers they receive, options such as wiping down the cover or "quarantining" may be considered.
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  • As explained in a panel announcement on May 15, 2020, CCAP provided a temporary, confidential residential address (located in Davis, California) to the 33 superior court clerks within the jurisdiction of the Third and Fifth District. Unfortunately, this address has been disclosed on some items, particularly Proofs of Service in transcripts. When we have discovered this confidential address on an item, we have redacted the address. If you see this confidential address on Proofs of Service in transcripts or other materials you have received from us or the courts since March 20, 2020, please assist us by redacting the address using a combination of black marker and pen to fully obscure the address when held up to the light. Thank you very much for your help with this issue, it is greatly appreciated.

We ask for patience while we shift into this new stage of the pandemic in our State. Thank you for your support!

Stay safe and healthy,
The CCAP Staff

Claims Processing and Substitution of Counsel

Updated: 4/16/2020

The appellate projects and the JCC have adopted several measures to aid panel attorneys in light of COVID-19. Please see the joint-project memo (available here (link to PDF)) for more information on additional interim claims, delayed Supreme Court claims, and requesting substitution of counsel and/or long extension requests due to the effects of COVID-19. Here at CCAP, we understand that the ongoing pandemic has created challenges for many panel attorneys. Please reach out to us with any questions or concerns. Moreover, if homeschooling, illness or childcare responsibilities affect your ability to handle a particular case, please contact Brad at BBristow@capcentral.org for more information; the Third and the Fifth prefer different approaches. We will work with you to figure out solutions!

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