California Rules of Court

Rule 28 - Review By The Supreme Court

Rule 28. Review by the Supreme Court

(a) [Time within which court may order review]
(1) (On own motion) If no petition for review is filed, within 30 days after a decision of a Court of Appeal becomes final as to that court the Supreme Court, on its own motion, may order review of the Court of Appeal decision. Within the original 30-day period or any extension of it, the Supreme Court may for good cause extend the time for one or more additional periods amounting to not more than an additional 60 days in the aggregate. The total time, including extensions, shall not exceed 90 days after the decision becomes final as to the Court of Appeal. If any period in this subdivision ends on a day the clerk’s office is closed, the Supreme Court may on its own motion order review of the Court of Appeal decision on the next day the clerk’s office is open.

(2) (On petition) Within 60 days after the filing, as provided in subdivision (b), of the last timely petition for review, the Supreme Court may order review of a Court of Appeal decision. Within the original 60-day period or any extension of it the Supreme Court may, for good cause, extend the time for one or more additional periods amounting to not more than an additional 30 days in the aggregate. The total time, including extensions, shall not exceed 90 days after the filing of the last timely petition for review.

(b) [Time for filing petition] A party seeking review must serve and file a petition within 10 days after the decision of the Court of Appeal becomes final as to that court, but a petition may not be filed after denial of a transfer to a Court of Appeal in a case within the original jurisdictions of a municipal court. For purposes of this rule, the time when the decision becomes final as to the Court of Appeal is not extended if the 30th day after the decision was filed is a Saturday, Sunday, holiday, or other day the clerk’s office is closed. Proof shall be filed of the delivery or mailing of one copy of the petition to the clerk of the Court of Appeal which rendered the decision. The clerk of that court shall transmit to the Clerk of the Supreme Court the original record, briefs, and all original papers and exhibits on file in the cause forthwith on receipt of a copy of the petition or on request by the Clerk of the Supreme Court, whichever is earlier. If the petition is denied, the Clerk of the Supreme Court shall return them to the clerk of the proper Court of Appeal. If the petition is granted, they shall be retained and properly numbered by the Clerk of the Supreme Court. A petition for review submitted for filing prior to the finality of the Court of Appeal decision as to that court shall be received by the clerk and shall be deemed to have been filed on the day after the decision becomes final as to the Court of Appeal.

(c) [Time for filing answer] An answer may be served and filed within 20 days after the filing of the petition.

(d) [Reply] If the answer presents additional issues for review, the petitioner may serve and file a reply limited to those additional issues within 10 days after the filing of the answer.

(e) [Form of petition, answer, and reply]
(1) Except as provided in this rule, the petition, answer and reply shall, insofar as practicable, conform to the provisions of rule 15.
(2) At the beginning of the body of the petition, the petition shall state the issues presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement should be short and concise and should not be argumentative or repetitious. The statement of an issue will be deemed to comprise every subsidiary issue fairly included in it. Only the issues set forth in the petition and answer or fairly included in them need be considered by the court.
(3) The petition shall be as concise as possible, and shall address, in particular, why the cause is appropriate for review under the criteria stated in rule 29.
(4) The original petition and each copy filed in the Supreme Court shall contain or be accompanied by a copy of the opinion of the Court of Appeal, showing the date of filing.
(5) The petition shall be a single document including a brief in support of the request for review. All contentions in support of the petition shall be included, including all legal authorities and argument. If a party files an answer to the petition, it shall be a single document which includes all contentions in opposition to the petition.
The answer of a party opposing review may request the court to consider additional issues if review is granted as to any or all issues raised in the petition. An answer stating additional issues shall conform to the requirements of paragraph (2).
No authorities or argument may be incorporated by reference from another document into the petition, answer or reply, but the petition, answer or reply may incorporate by reference specified portions of a petition for review, answer or reply filed in the Supreme Court by another party in the same case, or filed in the Supreme Court in a connected case wherein a petition for review is also pending or has been granted. No discussion of authorities or argument, however denominated, may be annexed to or filed with the petition, answer or reply, unless the annexed material is page-numbered consecutively with the body of the petition, answer or reply and the total length, including the annexed material, does not exceed the limit established in paragraph (6).
(6) A petition or answer shall not exceed 30 pages, exclusive of the Court of Appeal opinion, index of contents and table of authorities, and any other indices. A reply shall not exceed 15 pages, exclusive of index of contents and table of authorities.
There shall be no exhibits or appendices, however denominated, annexed to or filed with a petition, answer, or reply other than
(i) the opinion of the Court of Appeal;
(ii) any trial court order as to which relief is sought;
(iii) any annexed material permitted by subdivision (5); and
(iv) any evidentiary exhibit or order of a trial court that counsel considers of unusual significance
and that does not exceed 10 pages.
In all other instances, reference to evidentiary matters and trial court orders shall be by appropriate reference to the record transmitted from the Court of Appeal to the Supreme Court. The Chief Justice may permit petitions, answers, or replies of greater length, or the inclusion of more annexed material, upon written application.
(7) Proof of service of the petition shall name each party represented by each attorney served. A petition accompanied by a defective proof of service shall be filed, but if a proper proof of service is not filed within five days, the court may strike the petition or impose a lesser sanction.

(f) [Determination of petition] Review by the Supreme Court of a decision of a Court of Appeal may be granted by an order, signed by at least four judges, and filed with the clerk. The denial of review may be evidenced by an order signed by the Chief Justice and filed with the clerk If no order is made within the time specified in subdivision (a) of this rule, the petition shall be deemed denied and the clerk shall enter a notation in the register to that effect.

(g) [Oral argument] When review is granted, the cause shall be placed on the calendar for oral argument unless oral argument is waived, or the court transfers the cause to a Court of Appeal, dismisses review as improvidently granted, orders the cause held pending decision of another cause, or issues a peremptory writ.

Home Appellate Guide Judicial Profiles Lists Links Contact