(a) Finality of decision.
(1) Except as otherwise provided in this rule, an appellate division decision, including an order dismissing an appeal involuntarily, is final 30 days after the decision is sent by the court clerk to the parties.
(2) If the appellate division certifies a written opinion for publication or partial publication after its decision is filed and before its decision becomes final in that court, the finality period runs from the date the order for publication is sent by the court clerk to the parties.
(3) The following appellate division decisions are final in that court when filed:
(A) The denial of a petition for writ of supersedeas;
(B) The denial of an application for bail or to reduce bail pending appeal; and
(C) The dismissal of an appeal on request or stipulation.
(Subd (a) amended effective January 1, 2019.)
(b) Modification of judgment.
(1) The appellate division may modify its decision until the decision is final in that court. If the clerk's office is closed on the date of finality, the court may modify the decision on the next day the clerk's office is open.
(2) An order modifying a decision must state whether it changes the appellate judgment. A modification that does not change the appellate judgment does not extend the finality date of the decision. If a modification changes the appellate judgment, the finality period runs from the date the modification order is sent by the court clerk to the parties.
(Subd (b) amended effective January 1, 2019.)
(c) Consent to increase or decrease in amount of judgment.
If an appellate division decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (a), the party serves and files a copy of a consent in the appellate division. If a consent is filed, the finality period runs from the filing date of the consent. The clerk must send one filed-endorsed copy of the consent to the trial court with the remittitur.
(Subd (c) amended effective January 1, 2016.)
Rule 8.888 amended effective January 1, 2019; adopted effective January 1, 2009; previously amended effective January 1, 2016.