Rule 8.416 - Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule(a)Application(1) This rule governs: (A) Appeals from judgments or appealable orders of all superior courts terminating parental rights under Welfare and Institutions Code section 366.26 or freeing a child from parental custody and control under Family Code section 7800 et seq.; and(B) Appeals from judgments or appealable orders in all juvenile dependency cases of: (i) The Superior Courts of Orange, Imperial, and San Diego Counties; and(ii) Other superior courts when the superior court and the District Court of Appeal with jurisdiction to hear appeals from that superior court have agreed and have adopted local rules providing that this rule will govern appeals from that superior court.(2) In all respects not provided for in this rule, rules 8.403-8.412 apply. (Subd (a) amended effective July 1, 2010; previously amended effective January 1, 2007.)
(b)Form of record(1) The clerk's and reporter's transcripts must comply with rules 8.45-8.467, relating to sealed and confidential records, and, except as provided in (2) and (3), with rule 8.144.(2) In appeals under (a)(1)(A), the cover of the record must prominently display the title "Appeal From [Judgment or Order] Terminating Parental Rights Under [Welfare and Institutions Code Section 366.26 or Family Code Section 7800 et seq.]," whichever is appropriate.(3) In appeals under (a)(1)(B), the cover of the record must prominently display the title "Appeal From [Judgment or Order] Under [Welfare and Institutions Code Section 300 et seq. or Family Code Section 7800 et seq.]," whichever is appropriate. (Subd (b) amended effective January 1, 2015; previously amended effective July 1, 2010.)
(c)Preparing, certifying, and sending the record(1) Within 20 days after the notice of appeal is filed:(A) The clerk must prepare and certify as correct an original of the clerk's transcript and one copy each for the appellant, the respondent, the district appellate project, the child's Indian tribe if the tribe has intervened, and the child if the child is represented by counsel on appeal or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed; and(B) The reporter must prepare, certify as correct, and deliver to the clerk an original of the reporter's transcript and the same number of copies as (A) requires of the clerk's transcript.(2) When the clerk's and reporter's transcripts are certified as correct, the clerk must immediately send: (A) The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original; and(B) One copy of each transcript to the district appellate project and to the appellate counsel for the following, if they have appellate counsel, by any method as fast as United States Postal Service express mail:(iii) The child's Indian tribe if the tribe has intervened; and(3) If appellate counsel has not yet been retained or appointed for the appellant or the respondent or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed, when the transcripts are certified as correct, the clerk must send that counsel's copies of the transcripts to the district appellate project. If a tribe that has intervened is not represented by counsel when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the tribe. (Subd (c) amended effective January 1, 2018; previously amended effective January 1, 2007, July 1, 2010, January 1, 2015, and January 1, 2017.)
(d)Augmenting or correcting the record(1) Except as provided in (2) and (3), rule 8.410 governs any augmentation or correction of the record.(2) An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record. A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.(3) The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.(4) The clerk must certify and send any supplemental transcripts as required by (c). (Subd (d) amended effective July 1, 2010; previously amended effective January 1, 2007.)(e) Time to file briefs(1) To permit determination of the appeal within 250 days after the notice of appeal is filed, the appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.(2) Rule 8.412(b) governs the time for filing other briefs. (Subd (e) amended effective July 1, 2010.)(f) Extensions of timeThe superior court may not order any extensions of time to prepare the record or to file briefs; the reviewing court may order extensions of time, but must require an exceptional showing of good cause.
(g)Failure to file a briefRule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.
(Subd (g) amended effective July 1, 2010; adopted effective January 1, 2007.)
(h)Oral argument and submission of the cause(1) Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver.(2) The court must hear oral argument within 60 days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.(3) If counsel waive argument, the cause is deemed submitted no later than 60 days after the appellant's reply brief is filed or due to be filed. (Subd (h) relettered effective January 1, 2007; adopted as subd (g) effective January 1, 2005.)
Rule 8.416 amended effective 1/1/2018; adopted as rule 37.4 effective 1/1/2005; previously amended and renumbered effective 1/1/2007; previously amended effective 7/1/2010,1/1/2015, and1/1/2017.Advisory Committee Comment
Subdivision (c). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.
Subdivision (g). Effective January 1, 2007, revised rule 8.416 incorporates a new subdivision (g) to address a failure to timely file a brief in all termination of parental rights cases and in dependency appeals in Orange, Imperial, and San Diego Counties. Under the new subdivision, appellants would not have the full 30-day grace period given in rule 8.412(d) in which to file a late brief, but instead would have the standard 15-day grace period that is given in civil cases. The intent of this revision is to balance the need to determine the appeal within 250 days with the need to protect appellants' rights in this most serious of appeals.
Subdivision (h). Subdivision (h)(1) recognizes certain reviewing courts' practice of requiring counsel to file any request for oral argument within a time period other than 15 days after the appellant's reply brief is filed or due to be filed. The reviewing court is still expected to determine the appeal "within 250 days after the notice of appeal is filed." (Id., Subd 8.416(e).)