Rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur

(a) Filing of decision.

(1)  The appellate division clerk must promptly file all opinions and orders of the court and on the same day send copies (by e-mail where permissible under rule 2.251) showing the filing date to the parties and, when relevant, to the trial court.

(2)  A decision must identify the participating judges, including the author of any majority opinion and of any concurring or dissenting opinion, or the judges participating in a "by the court" decision.

(Subd (a) amended effective January 1, 2019; adopted effective January 1, 2014.)

(b) Finality of decision.

(1)  Except as otherwise ordered by the court, the following appellate division decisions regarding petitions for writs within the court's original jurisdiction are final in the issuing court when filed:

(A)  An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review; and

(B)  An order denying or dismissing such a petition as moot after issuance of an alternative writ, order to show cause, or writ of review.

(2)  Except as otherwise provided in (3), all other appellate division decisions in a writ proceeding are final 30 days after the decision is sent by the court clerk to the parties.

(3)  If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, an appellate division may order early finality in that court of a decision granting a petition for a writ within its original jurisdiction or denying such a petition after issuing an alternative writ, order to show cause, or writ of review. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

(Subd (b) amended effective January 1, 2019; adopted as subd (a); previously amended and relettered effective January 1, 2014.)

(c) Modification of decisions.

Rule 8.888(b) governs the modification of appellate division decisions in writ proceedings.

(Subd (c) adopted effective January 1, 2014.)

(d) Rehearing.

Rule 8.889 governs rehearing in writ proceedings in the appellate division.

(Subd (d) adopted effective January 1, 2014.)

(e) Remittitur.

Except as provided in rule 8.1018 for cases transferred to the Courts of Appeal, the appellate division must issue a remittitur after the court issues a decision in a writ proceeding except when the court issues one of the orders listed in (b)(1). Rule 8.890(b)-(d) govern issuance of a remittitur in these proceedings, including the clerk's duties, immediate issuance, stay, and recall of remittitur, and notice of issuance.

(Subd (e) amended and relettered effective January 1, 2014; adopted as subd (e).)

Rule 8.935 amended effective January 1, 2019; adopted effective January 1, 2009; previously amended effective January 1, 2014.

Advisory Committee Comment

Subdivision (b)..This provision addresses the finality of decisions in proceedings relating to writs of mandate, certiorari, and prohibition. See rule 8.888(a) for provisions addressing the finality of decisions in appeals.

Subdivision (b)(1)..Examples of situations in which the appellate division may issue an order dismissing a writ petition include when the petitioner fails to comply with an order of the court, when the court recalls the alternative writ, order to show cause, or writ of review as improvidently granted, or when the petition becomes moot.

Subdivision (d)..Under this rule, a remittitur serves as notice that the writ proceedings have concluded.


Rules that reference this rule: N/A