Except as otherwise provided in this rule, rules 8.304-8.368 and 8.508 govern appeals from judgments authorizing a conservator to consent to the sterilization of a developmentally disabled adult conservatee.
(Subd (a) amended effective January 1, 2007.)
(b) When appeal is taken automatically.
An appeal from a judgment authorizing a conservator to consent to the sterilization of a developmentally disabled adult conservatee is taken automatically, without any action by the conservatee, when the judgment is rendered.
(c) Superior court clerk's duties.
After entering the judgment, the clerk must immediately:
(1) Begin preparing a clerk's transcript and notify the reporter to prepare a reporter's transcript; and
(2) Send certified copies of the judgment to the Court of Appeal and the Attorney General.
(Subd (c) amended effective January 1, 2016; previously amended effective January 1, 2007.)
(d) Clerk's transcript.
The clerk's transcript must contain:
(1) The petition and notice of hearing;
(2) All court minutes;
(3) Any application, motion, or notice of motion, with supporting and opposing memoranda and attachments;
(4) Any report or other document submitted to the court;
(5) Any transcript of a proceeding pertaining to the case;
(6) The statement of decision; and
(7) The judgment or order appealed from.
(Subd (d) amended effective January 1, 2007.)
(e) Reporter's transcript.
The reporter's transcript must contain all oral proceedings, including:
(1) All proceedings at the hearing on the petition, with opening statements and closing arguments;
(2) All proceedings on motions;
(3) Any comments on the evidence by the court; and
(4) Any oral opinion or oral statement of decision.
(Subd (e) amended effective January 1, 2007.)
(f) Preparing and sending transcripts.
(1) The clerk and the reporter must prepare and send an original and two copies of each of the transcripts as provided in rule 8.336.
(2) Probate Code section 1963 governs the cost of preparing the record on appeal.
(Subd (f) amended effective January 1, 2007.)
(g) Confidential material.
(1) Written reports of physicians, psychologists, and clinical social workers, and any other matter marked confidential by the court, may be inspected only by court personnel, the parties and their counsel, the district appellate project, and other persons designated by the court.
(2) Material under (1) must be sent to the reviewing court in a secure manner that preserves its confidentiality. If the material is in paper format, it must be sent to the reviewing court in a sealed envelope marked "CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT A COURT ORDER."
(Subd (g) amended effective January 1, 2016.)
(h) Trial counsel's continuing representation.
To expedite preparation and certification of the record, the conservatee's trial counsel must continue to represent the conservatee until appellate counsel is retained or appointed.
(i) Appointment of appellate counsel.
If appellate counsel has not been retained for the conservatee, the reviewing court must appoint such counsel.
Rule 8.482 amended effective January 1, 2016; repealed and adopted as rule 39.1 effective January 1, 2005; previously amended and renumbered as rule 8.482 effective January 1, 2007.
Advisory Committee Comment
Subdivision (a)..Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.