Cal. R. 8.57

As amended through September 20, 2024

Rule 8.57 - Motions before the record is filed

(a)Motion to dismiss appeal

A motion to dismiss an appeal before the record is filed in the reviewing court must be accompanied by a certificate of the superior court clerk, a declaration, or both, stating:

(1) The nature of the action and the relief sought by the complaint and any cross-complaint or complaint in intervention;

(2) The names, addresses, and telephone numbers of all attorneys of record-stating whom each represents-and unrepresented parties;

(3) A description of the judgment or order appealed from, its entry date, and the service date of any written notice of its entry;

(4) The factual basis of any extension of the time to appeal under rule 8.108;

(5) The filing dates of all notices of appeal and the courts in which they were filed;

(6) The filing date of any document necessary to procure the record on appeal; and

(7) The status of the record preparation process, including any order extending time to prepare the record.

(Subd (a) amended effective January 1, 2007.)

(b)Other motions

Any other motion filed before the record is filed in the reviewing court must be accompanied by a declaration or other evidence necessary to advise the court of the facts relevant to the relief requested.

Cal. R. Ct. 8.57

Rule 8.57 amended and renumbered effective 1/1/2007; repealed and adopted as rule 42 effective 1/1/2005.

Advisory Committee Comment

Subdivision (a). A party other than the appellant or petitioner who files a motion or opposition to a motion may be required to pay a filing fee under Government Code sections 68926 or 68927 if the motion or opposition is the first document filed in the appeal or writ proceeding in the reviewing court by that party. See rule 8.25(c).

Subdivision (c). Subdivision (c) provides that a "failure to oppose a motion" may be deemed a consent to the granting of the motion. The provision is not intended to indicate a position on the question whether there is an implied right to a hearing to oppose a motion to dismiss an appeal.