Local Rules & Orders

(a) Mediation Program

To enable efficient case management and more expeditious resolution of appeals, the Court of Appeal, Third Appellate District (Court), has a Mediation Program (Program) for all civil appeals not exempt from the Program. Procedures for mediation and operation of the Program are promulgated by the Court of Appeal Mediation Program Committee (Committee).

(b) Program administration

The Program is administered by the Mediation Program Administrator (Administrator) acting under the direction of the Committee and under the supervision of the Administrative Presiding Justice or a designated Supervising Associate Justice (Presiding Justice).

(c) Civil Appeals exempt from the Program

Any appeal taken from a civil commitment order of the type referenced in rule 8.483(a)(1) of the California Rules of Court, a judgment or order entered in a conservatorship, guardianship, or sterilization proceeding, or of the type referenced in rules 8.700 or 8.710 of the California Rules of Court, is exempt from the Program. 

(d) Process prior to referral for assessment

(1) Upon filing a notice of appeal in a civil case not exempt from the Program, the provisions of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, stipulating to proceeding with the original superior court file, and submission of a proposed briefing schedule, are suspended.
(2) These rules do not prohibit the superior court from collecting its deposit required by section 68926.1 of the Government Code and by rule 8.100(b)(2) of the California Rules of Court.
(3) Upon receiving notice of filing of a civil appeal in a case not exempt from the Program:

(A) The Appellant must file a Civil Case Information Statement form (Form APP- 004), as required by rule 8.100(g) of the California Rules of Court, and an Appellant's Civil Appeal Mediation Statement form.

(B) The Respondent must file a Respondent's Civil Appeal Mediation Statement form.

(4) The Appellant's Civil Appeal Mediation Statement form must be served and filed within 15 days after the superior court clerk sends notification of the filing of the notice of appeal. Failure to timely file either the Appellant's Civil Case Information Statement or the Appellant's Civil Appeal Mediation Statement will result in dismissal of the appeal, without prejudice to reinstatement upon a showing of good cause.

(5) The Respondent's Civil Appeal Mediation Statement must be served and filed within 10 days after the Appellant’s Civil Appeal Mediation Statement is filed. Failure to timely file a Respondent's Civil Appeal Mediation Statement will result in a Program selection decision without input from the respondent.

(6) Generally, multiple appeals from the same judgment or a related order are assigned the same appellate case number unless the record for the first notice of appeal has already been filed. (See Advisory Committee Comment to Cal. Rules of Court, rule 8.147.) Subsequent appellant's and respondent's Civil Appeal Mediation Statements will not be required when a second or subsequent notice of appeal has been filed within the same appellate case number.

(7) After Respondent's Civil Appeal Mediation Statement has been filed or was due to be filed, the Administrator shall promptly notify the parties whether the appeal has been selected for the Program.

(e) Process for referral, assessment, and selection for the Program

(1) If a civil appeal is not exempt from the Program, the Presiding Justice may refer the appeal to the Administrator for assessment.

(2) Upon referral for assessment, the Administrator will communicate with counsel and/or non-represented parties to assess whether the appeal is amenable to mediation. Based on the assessment, the Administrator will recommend to the Presiding Justice whether the appeal should be selected for the Program.

(3) The Presiding Justice will then decide whether to select the appeal for the Program.

(f) Stipulation and order for placement in the Program

(1) A civil appeal exempt from, or not selected for, the Program may nonetheless be placed in the Program by stipulation and order.

(2) If an appeal is exempt from the Program, the stipulation must be served on the superior court and filed with the Court within 30 days after filing of the notice of appeal. If an appeal was not selected for the Program, the stipulation must be served on the superior court and filed with the Court within 10 days after notification that the appeal was not selected.

(3) The original signature of at least one party must appear on the stipulation filed in the Court. The signatures of the other parties may be in the form of copies of the signed signature page of the stipulation.

(4) Upon receipt of the stipulation by the superior court, the provisions of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court, requiring designation of the record, payment of estimated costs of preparation of the record, stipulating to proceeding with the original superior court file, and submission of a proposed briefing schedule, are suspended.

(5) The Court will decide whether to sign the stipulation and order and place the appeal in the Program.

(6)If the appeal is placed in the Program by stipulation and order, suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court will remain in effect until the earlier of completion of mediation, other order of the Court lifting the suspension, or the lapse of a period of nine months from the filing of the stipulation with the Court.

(7) If the proposed stipulation is not approved by the Court and the appeal is not placed in the Program, the Administrator must notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated.

(g) Process following selection decision and prior to mediation

(1) Upon selection of an appeal for the Program

(A) The Court will issue an order directing that the appeal has been selected for the Program.

(B) The Administrator will:

(i) Notify the parties that the appeal will be mediated.

(ii) Assign a mediator to the appeal. The Administrator may replace a selected mediator upon request by a party or the mediator based on good cause.

(iii) Furnish the parties with the name, address, and telephone number of the mediator, and three dates when the mediator is available for the mediation sessions.

(C) Within 10 days after receipt of notice of the dates the mediator is available, the parties must mutually confer and advise the Administrator and the mediator of their scheduling preferences.

(2) Suspension of rules following selection decision

(A) If an appeal is selected for the Program, suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court will remain in effect until completion of the mediation, other order of the Court lifting the suspension, or the lapse of a period of nine months from the referral of the appeal to the  Administrator for assessment as described in subdivision (e) supra.

(B) If an appeal is not selected for the Program, the Court will enter an order to this effect. The Administrator must notify the parties and the superior court by providing a copy of the Court’s order not selecting the case for mediation and that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated. Upon notification by the Court or the Administrator that an appeal was not selected for the Program, the parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.

(h) Mediation and mediation preparation

(1) Costs and fees for mediation preparation and services

(A) Mediators will not charge the parties any fee for the premediation conference call, the mediator’s premediation preparation time, and for the first four hours of the initial mediation session.

(B) Notwithstanding subparagraph (h)(1)(A) above, in exceptional cases, the parties and the mediator may agree before the start of the mediation session, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator for the mediator’s additional preparation time.

(C) Prior to the start of the mediation session, the parties and the mediator may agree, in a writing pursuant to Business and Professions Code section 6148, to a fee to be paid by the parties to the mediator to continue the mediation beyond the initial four hours.

(2) Continuation of mediation sessions
For good cause and with approval of the Administrator, the mediator and the parties may continue a mediation session to a date certain.

(3) Mediator communications with parties and counsel

(A) The mediator may at any time communicate with any counsel or unrepresented parties with or without notice to the other parties or their counsel.

(B) The mediator may require counsel or unrepresented parties to furnish information, documents, records, or other items specified by the mediator.

(4) Full authority to settle

(A) Counsel, parties, and persons with full authority to settle the appeal must personally attend the mediation, unless excused in writing by the mediator for good cause. If any consent to settle is required for any reason, the party or person with that consensual authority must be personally present at the mediation.

(B) If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply must attend all mediation sessions in person, with full settlement authority. The party with such potential insurance coverage and that party's counsel shall serve  timely notice to each insurance carrier with potential insurance coverage informing the carrier: (i) that appellate mediation has been ordered; (ii) that the carrier must have a representative with full settlement authority attend all mediation sessions in person; and (iii) of the date, time, and place of all mediation  sessions. (See Campagnone v. Enjoyable Pools & Spas Service & Repairs, Inc. (2008) 163 Cal.App.4th 566.)

(C) The mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation.

(5) Submission of mediation attendance form
Prior to the start of mediation, the parties and the mediator shall submit to the Administrator a Mediation Attendance Form, listing all participants in the mediation.

(6) Completion of mediation

Within 10 days after completion of mediation, the mediator shall submit to the Administrator a Mediator’s Statement notifying the Administrator whether an agreement was reached, and the parties and their counsel must separately complete and submit to the Administrator confidential evaluations of the mediation and the mediator on a form provided by the Administrator.

(7) Appeal not resolved by mediation

(A) If completion of mediation does not result in disposition of the appeal or if the parties are unable to resolve the appeal within nine months of referral for assessment or from the filing of a stipulation for mediation as described in this rule, the Administrator must, within 10 days after notice of completion of the 
mediation or lapse of the nine-month period, notify the parties, the superior court, and the Court, in writing, that suspension of rules 8.121, 8.124(a)(1), 8.128, and 8.216 of the California Rules of Court is terminated.

(B) The parties' obligation to comply with the requirements of rules 8.121, 8.124(a)(1), 8.128 and 8.216 of the California Rules of Court commences as if notice of appeal was filed on the date specified in the notification.

(8) Appeal resolved by mediation

(A) Pursuant to California Rules of Court, rule 8.244(a) and (b), if the mediation results in a disposition of the appeal and the record has not been filed in the Court, the appellant must promptly file a notice of settlement with the Court and, within 45 days thereafter, file an abandonment of the appeal in the superior court.

(B) Pursuant to California Rules of Court, rule 8.244(a) and (c), if the mediation results in a disposition of the appeal and the record has been filed in the Court, the appellant must promptly file a notice of settlement in the Court and must, within 45 days thereafter, serve and file in the Court a request for dismissal of the appeal.

(9) Confidentiality

Except as otherwise provided by law, information disclosed to the mediator, the parties, counsel, or any other participant in the mediation including the Administrator, is confidential.

(10) Ethical Standards

Mediators must adhere to the rules of conduct for mediators in court- sponsored mediation programs for civil cases, as set forth in the California Code of Civil Procedure and the California Rules of Court.

(11) Sanctions

Monetary sanctions may be imposed following a noticed motion by a party seeking sanctions for failure to comply with the rules or upon the Court's own motion.

(Adopted, eff. October 2, 2006. As amended, eff. March 2, 2007; As amended, eff. May 29, 2009; As amended, eff. December 2, 2013.; As amended, eff. May 26, 2017; As amended, eff. May 31, 2019; As amended eff. September 18, 2023.)

Rule 8.128 of the California Rules of Court provides for the use of the original superior court file in lieu of the clerk's transcript on appeal in those civil cases where the parties so stipulate. In accordance with rule 8.128 of the California Rules of Court, the procedure therein is approved for use by the superior courts within this district.

(Formerly Rule 22, adopted, eff. September 4, 1989. Renumbered Rule 2, eff. October 2, 2006. As amended, eff. March 2, 2007.)

Each side is allowed 15 minutes for oral argument. Where there are more than two parties, a "side" consists of all parties whose interests are not adverse. If there are more than two parties represented by separate counsel who request oral argument, or if counsel for amicus curiae requests oral argument, the court may apportion or expand the time according to the respective interests of the parties and of amicus curiae.

Any request for additional time for oral argument must be made by written application submitted to the court within 10 calendar days of the date of the order setting oral argument. The application must be served contemporaneously on all other parties and must specify the amount of time requested and the issues to which additional oral argument will be addressed. When an application is granted, the time allotted to the other side or sides will be similarly enlarged.

All parties will be advised of the disposition of any such application prior to hearing.

(Formerly Rule 23, adopted, eff. April 10, 1998. Renumbered Rule 3, eff. October 2, 2006.)

A party making a motion to have the Court take judicial notice of legislative history documents must identify each such document as a separate exhibit and must provide legal authority supporting the consideration of each document as cognizable legislative history. (See Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26.)

(Adopted, eff. October 2, 2006.)

Local Rule 5

Published pursuant to California Rules of Court, rule 10.1030

Effective September 14, 2015
Amended effective September 26, 2016
Amended effective December 11, 2017
Amended effective April 10, 2020

(a) Definitions

As used in this local rule, unless the context otherwise requires:

(1) “Court” means the Court of Appeal for the Third Appellate District.

(2) “Electronic filing” and “document” are as defined in rule 8.70(c), California Rules of Court.

(3) A “file” is a unit of electronic information with a filename.

(4) “TrueFiling” is the court’s electronic filing portal for registered users.

(5) “Registered user” and “registered users” refer to a person or persons registered to use TrueFiling.

(6) “EFS” means the court’s electronic filing system, which includes, but is not limited to, TrueFiling and the court’s file transfer protocol (FTP) server.

(7) “EFS user” and “EFS users” refer to a user or users of the court’s electronic filing system.

(b) Mandatory electronic filing

Electronic filing is mandatory for all attorneys filing with the court unless an exemption is granted; electronic filing is voluntary for all non-attorney self-represented litigants. Electronic filers must use the court’s EFS.

(c) Registration

(1) Obligation to Register. Each attorney in any proceeding in this court is obligated to become a registered user and obtain a username and password for access to TrueFiling unless an exemption is granted. Non-attorney self-represented litigants must become registered users if they wish to file electronically. Attorneys and non-attorney self-represented litigants may become registered users by registering at https://tf3.truefiling.com/.

(2) Responsibility; Obligation to Keep Account Information Current. A registered user is responsible for all documents filed under the user’s registered username and password. The registered user must comply with the requirements of the California Rules of Court.

(d) Signatures

For registered users, a registered username and password is the equivalent of an electronic signature.

(e) Superior Court Record

(1) Record of Administrative Proceedings. In addition to any administrative record provided by the trial court pursuant to the California Rules of Court, registered users seeking review of an administrative determination must submit an electronic copy of the administrative record to the court in compliance with rule 8.74 of the California Rules of Court.

(2) Reporter’s Transcript. A registered user who orders a reporter’s transcript of proceedings must also request a copy of the transcript in electronic format and must submit an electronic copy to the court in compliance with rule 8.74 of the California Rules of Court.

(3) Transmissions by the Superior Court. The court authorizes and encourages the superior courts within the Third Appellate District to engage in the electronic service and electronic filing of documents, including, but not limited to, the clerk’s transcript and reporter’s transcripts. If a superior court transmits an electronic document to the court, it shall also make the electronic document available to the parties. If a superior court transmits electronic documents to the court in lieu of paper, the court will accept electronic documents complying with the California Rules of Court and this local rule.

(f) Personal Identifiers and Privacy Issues

To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, personal identifiers such as Social Security numbers, driver’s license numbers, and financial account numbers from all documents filed as part of the court’s public record, whether filed in paper or electronic format, unless otherwise provided by law or ordered by the court. If an individual’s Social Security number or financial account number is required in a document filed as part of the court’s public record, only the last four digits of the number shall be used.

The responsibility for excluding or redacting identifiers from all documents filed with the court rests solely with the parties and their attorneys. Neither TrueFiling nor the Clerk of the Court has any responsibility to review documents for compliance.

(g) Filing Deadlines

Electronic filing does not alter any filing deadlines. An electronic filing not completely received by the court by 11:59 p.m. will be deemed to have been received on the next court day. If a specific time of day is set for filing by court order or stipulation, the electronic filing shall be completed by that time. Although the EFS permits users to transmit electronic documents 24 hours a day, EFS users should be aware that telephone or online assistance may not be available outside of normal court business hours, and requests for immediate relief made after the close of the court’s normal business hours may not be addressed until the next court day.

(h) Motion to Accept Filing as Timely Following TrueFiling Technical Failure

If a registered user fails to meet a filing deadline imposed by court order, rule or law because of a TrueFiling failure, the registered user may file the document in electronic or paper format as soon thereafter as practicable and accompany the filing with a motion to accept the document as timely filed. A late submission that missed a jurisdictional deadline will be accepted for filing pursuant to this subparagraph only if the deadline was missed due to a TrueFiling failure. The initial point of contact for anyone experiencing difficulty with TrueFiling shall be the toll-free telephone number posted on the TrueFiling Web site.

The court is not responsible for malfunctions or errors occurring in the electronic transmission or receipt of electronically filed documents.

(i) Service

Registration with TrueFiling manifests affirmative consent to receive service through the EFS. Documents prepared by the court will be served on EFS users through the EFS or by electronic notification.

(j) Filing Fees

TrueFiling is operated by a vendor pursuant to a contract with the court. The vendor will assess fees for each electronic filing via TrueFiling in accordance with the schedule posted on the TrueFiling Web site, as approved by the court. TrueFiling fees will be considered recoverable costs under the California Rules of Court. The vendor is designated as the court’s agent for collection of court-imposed fees where required for any electronic filing made by registered users, and any associated credit card or bank charges or convenience fees.

If a non-attorney self-represented litigant with a fee waiver chooses to file documents electronically, that litigant is exempt from the fees and costs associated with electronic filing. The persons and entities identified in Government Code section 6103 are also exempt from the fees and costs associated with the EFS.

(k) Exemptions

(1) Non-attorney self-represented litigants may, but are not required to, register for electronic filing. Non-attorney self-represented litigants who opt to register for electronic filing must comply with the California Rules of Court, this local rule, and the requirements of the EFS.

(2) When it is not feasible for a registered user to convert a document to electronic format in compliance with rule 8.74 of the California Rules of Court, the document may be filed in paper format with a declaration setting forth the reason that electronic filing was not feasible.

(3) If the requirements of this local rule cause undue hardship or significant prejudice to any registered user, the registered user may file a motion for an exemption from the requirements of this local rule.

(l) Rejection of an Electronic Filing for Noncompliance

The court will reject an electronic filing if it does not comply with the requirements of the California Rules of Court and this local rule.

(m) Sanctions for Noncompliance

Failure of counsel to timely register, and failure of any registered user to comply with electronic filing requirements, unless exempted, may be subject to sanctions imposed by the court.

(n) Original Documents

The court may scan any paper document into an electronic format, in which case the electronic document will be deemed the original for purposes of the court record.

(o) Posting and Publication

The Clerk of the Court is directed to post a copy of this local rule on the court’s Web site and submit a copy to the Reporter of Decisions for publication.

Dated: January 30, 2020

Published pursuant to California Rules of Court, rule 10.1030

Effective October 1, 2018; Amended effective March 24, 2023

Prior to January 1, 2026, an appointed attorney is deemed to request, pursuant to Code of Civil Procedure section 271, subdivision (a)(1), that the reporter’s transcript be delivered in paper form.

Dated: December 12, 2022

Former Rule 5. Repealed effective October 2, 2006.
Former Rule 6. Repealed effective October 2, 2006.
Former Rule 7. Repealed effective October 2, 2006.
Former Rule 8. Repealed effective October 2, 2006.
Former Rule 9. Repealed effective October 2, 2006.
Former Rule 10. Repealed effective October 2, 2006.
Former Rule 21. Repealed effective July 6, 1993.
Former Rule 22. Renumbered rule 2 effective October 2, 2006.
Former Rule 23. Renumbered rule 3 effective October 2, 2006.
Former Rule 31. Repealed effective October 2, 2006.

BY THE COURT:

Absent leave of court, parties shall not submit for filing an unredacted brief, application, petition, memorandum, or other document that contains “personal information” derived from a probation report. (Pen. Code § 1203.5; People v. Connor (2004) 115 Cal.App.4th 669; Cal. Rules of Court, rules 8.45, 8.47 (effective January 1, 2014).)

Dated: December 30, 2013

RAYE, P.J.

BY THE COURT:

Miscellaneous Order 2010-002 is hereby vacated. (See, People v. Brown (June 18, 2012, S181963) ___ Cal.4th ___ [2012 Cal. LEXIS 5263].)

Dated: June 22, 2012

RAYE, P.J.

BY THE COURT:

In all pending appeals in which an opinion has not yet been filed and in which appellant is arguably entitled to additional presentence custody credits pursuant to the amendments to Penal Code section 4019, effective January 25, 2010, the court will deem the following issue raised without additional briefing:

The amendments to Penal Code section 4019 apply retroactively to appeals pending on January 25, 2010; thus, appellant is entitled to recalculation of presentence work and custody credits.

Dated: March 16, 2010

SCOTLAND, P.J.

BY THE COURT:

In appeals wherein the time for filing a petition for writ of certiorari in the United States Supreme Court has not expired, court-appointed counsel may be reimbursed for an additional four hours of time to file a petition for writ of certiorari in the United States Supreme Court which raises the issues of whether an adjudication sustained by a defendant in the juvenile court, while a minor, qualifies as a prior felony conviction for purposes of increasing the maximum sentence under the California Three Strikes Law or as a prior conviction for purposes of imposing an upper term of imprisonment under the fact of a prior conviction exception enunciated in Apprendi v. New Jersey (2000) 530 U.S. 466 and Cunningham v. California (2007) 549 U.S. 270. (See People v. Nguyen (July 2, 2009, S154947)___Cal.4th___.)

Court-appointed counsel will not be required to file a motion to expand the scope of their appointment for preparation of a petition based on either of these issues. The claim for reimbursement for this work is to be submitted as part of the claim for compensation. A copy of the petition must be submitted with the claim.

Dated: July 16, 2009

SCOTLAND, P.J.

BY THE COURT:

As dictated by Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, this intermediate appellate court is bound by the decisions issued by the California Supreme Court in People v. Black (July 19, 2007, S126182 ___ Cal.4th ___ (Black II)) and People v. Sandoval (July 19, 2007, S148917 ___ Cal.4th ___ (Sandoval)).

IT IS THEREFORE ORDERED that, in any case in which appellant’s opening brief has been filed, this court shall not accept for filing any supplemental briefing challenging Black II and Sandoval on federal constitutional grounds. Appellants shall be deemed to have challenged the decisions in Black II and Sandoval on any such federal constitutional grounds, and to have thereby preserved the issues for petition for review to the California Supreme Court and petitions for appellate or collateral review by the federal courts.

Dated: July 26, 2007

SCOTLAND, P.J.

BY THE COURT:

In pending appeals in which an appellant’s opening brief was filed prior to the date this order is issued, and in which an opinion has not yet been filed, an application for leave to file a supplemental brief shall not be required before filing of a supplemental brief arguing, based on the decision of the United States Supreme Court in Cunningham v. California, (No. 05-6551. January 22, 2007, ___ U.S. ___; ___ S.Ct. ___; ___ L.Ed.2d ___; 2007 WL 135687; 2007 U.S.LEXIS 1324; 2007 DJDAR 965), that imposition of the upper term is unconstitutional. Henceforth, appellants shall not submit for filing any application for leave to file a supplemental brief challenging imposition of the upper term premised on Cunningham.

Any supplemental appellant’s opening brief submitted pursuant to this order shall be served and filed on or before February 23, 2007. If a supplemental brief is filed pursuant to this order, the time for filing respondent’s brief shall be extended by 30 days.

If respondent’s brief has already been filed, respondent shall have leave to file a supplemental respondent’s brief within 15 days of filing of the supplemental opening brief, and any appellant’s supplemental reply brief shall be served and filed within 10 days of filing of the supplemental respondent’s brief.

Dated: January 24, 2007

SCOTLAND, P.J.