(a) How to abandon.
An appellant may abandon the appeal at any time by filing an abandonment of the appeal signed by the appellant or the appellant's attorney of record.
(b) Where to file; effect of filing.
(1) The appellant must file the abandonment in the appellate division.
(2) If the record has not been filed in the appellate division, the filing of an abandonment effects a dismissal of the appeal and restores the trial court's jurisdiction.
(3) If the record has been filed in the appellate division, the appellate division may dismiss the appeal and direct immediate issuance of the remittitur.
(c) Clerk's duties.
(1) The appellate division clerk must immediately notify the adverse party of the filing or of the order of dismissal.
(2) If the record has not been filed in the appellate division, the clerk must immediately notify the trial court.
(3) If a reporter's transcript has been requested, the clerk must immediately notify the reporter if the appeal is abandoned before the reporter has filed the transcript.
Rule 8.855 adopted effective January 1, 2009.
Advisory Committee Comment
Abandonment of Appeal (Misdemeanor) (form CR-137) may be used to file an abandonment under this rule. This form is available at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.