After the notice of appeal is filed in a civil case, the presiding justice may:
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.)
An agreement reached in a conference must be signed by the parties and filed. Unless the Court of Appeal orders otherwise, the agreement governs the appeal.
(Subd (c) amended effective January 1, 2016.)
The time to file a party's brief under rule 8.212(a) is tolled from the date the Court of Appeal sends notice of the conference until the date it sends notice that the conference is concluded.
(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2007.)
Cal. R. Ct. 8.248
Advisory Committee Comment
Subdivision (a). Subdivision (a)(1) requires each party to serve any statement it files. (Cf. rule 3.1380(c) [pretrial settlement conference statement must be served on each party].) The service requirement is not intended to prohibit the presiding justice from ordering the parties to submit additional, confidential material in appropriate cases.
Subdivision (d). If a prehearing conference is ordered before the due date of the appellant's opening brief, the time to file the brief is not extended but tolled, in order to avoid unwarranted lengthening of the briefing process. For example, if the conference is ordered 15 days after the start of the normal 30-day briefing period, the rule simply suspends the running of that period; when the period resumes, the party will not receive an automatic extension of a full 30 days but rather the remaining 15 days of the original briefing period, unless the period is otherwise extended.
Under subdivision (d) the tolling period continues "until the date [the Court of Appeal] sends notice that the conference is concluded" (italics added). This provision is intended to accommodate the possibility that the conference may not conclude on the date it begins.
Whether or not the conference concludes on the date it begins, subdivision (d) requires the clerk/executive officer of the Court of Appeal to send the parties a notice that the conference is concluded. This provision is intended to facilitate the calculation of the new briefing due dates.