(a) When transfer is denied
If the Court of Appeal denies transfer of a case from the appellate division of the superior court after the appellate division certifies the case for transfer or after a party files a petition for transfer, the denial is final immediately. On receiving notice under rule 8.1008(b) that the Court of Appeal has denied transfer or if the period for ordering transfer under rule 8.1008(a) expires, the appellate division clerk must promptly issue a remittitur if there will be no further proceedings in that court.
(Subd (a) amended effective January 1, 2011; adopted effective January 1, 2009.)
(b) When transfer order is vacated
If the appellate division issued a decision before transfer and the Court of Appeal vacates its transfer order under rule 8.1016(b) and retransfers the case without directing further proceedings, the appellate division's decision is final when the appellate division receives the order vacating transfer. The appellate division clerk must promptly issue a remittitur.
(Subd (b) adopted effective January 1, 2011.)
(c) When the Court of Appeal issues a decision
If the Court of Appeal issues a decision on a case it has ordered transferred from the appellate division of the superior court, filing, finality, and modification of that decision are governed by rule 8.264 and remittitur is governed by rule 8.272, except that the clerk/executive officer must address the remittitur to the appellate division and send that court a copy of the remittitur and a filed-endorsed copy of the Court of Appeal opinion or order. If the remittitur and opinion are sent in paper format, two copies must be sent. On receipt of the Court of Appeal remittitur, the appellate division clerk must promptly issue a remittitur if there will be no further proceedings in that court.
(Subd (c) amended effective January 1, 2018; adopted as subd (a); previously relettered as subd (b) effective January 1, 2009; previously amended and relettered as subd (c) effective January 1, 2011; previously amended effective January 1, 2016.)
(d) Documents to be returned
When the Court of Appeal denies or vacates transfer or issues a remittitur under (c), the clerk/executive officer must return to the appellate division any part of the record sent nonelectronically to the Court of Appeal under rule 8.1007 and any exhibits that were sent nonelectronically.
(Subd (d) amended effective January 1, 2018; adopted as subd (c); previously relettered as subd (d) effective January 1, 2009; previously amended effective January 1, 2011, and January 1, 2016.)
Rule 8.1018 amended effective January 1, 2018; repealed and adopted as rule 69 effective January 1, 2003; previously renumbered as rule 8.1018 effective January 1, 2007; previously amended effective January 1, 2009, January 1, 2011, and January 1, 2016.
Advisory Committee Comment
Subdivision (a). The finality of Court of Appeal decisions in appeals is generally addressed in rules 8.264 (civil appeals) and 8.366 (criminal appeals).