(a) Calendaring and sessions
(1) Unless otherwise ordered, and except as provided in (2), all appeals in which the last reply brief was filed or the time for filing this brief expired 45 or more days before the date of a regular appellate division session must be placed on the calendar for that session by the appellate division clerk. By order of the presiding judge or the appellate division, any appeal may be placed on the calendar for oral argument at any session..
(2) Oral argument will not be set in appeals under People v. Wende (1979) 25 Cal.3d 436 where no arguable issue is raised.
(Subd (a) amended effective January 1, 2026; previously amended effective January 1. 2020.)
(b) Remote proceedings
(1) Definitions
(A) “Court facility” has the same meaning as that provided in Government Code section 70301(d).
(B) “Party” is as defined in rule 1.6(15), meaning any person appearing in an action and that person’s counsel.
(C) “Remote appearance” or “appear remotely” means the appearance of a party at oral argument through the use of remote technology.
(D) “Remote technology” means technology that provides for the transmission of video and audio signals or audio signals alone. This phrase is meant to be interpreted broadly and includes a computer, tablet, telephone, cellphone, or other electronic or communications device.
(2) Oral argument may be conducted in whole or in part through the use of remote technology if:
(A) It is ordered by the presiding judge of the appellate division or the presiding judge’s designee on application of any party or on the court’s own motion. An application from a party requesting to appear remotely at oral argument must be filed within 10 days after the court sends notice of oral argument under (c). The court may not require a party to appear through remote technology; or
(B) A local rule authorizes remote appearances consistent with these rules, so long as the court procedure includes a process for self-represented parties to agree to their remote appearance and for parties to show why remote appearances should not be allowed.
(3) The appellate division must ensure that:
(A) Participants are identified when they speak.
(B) Only persons who are authorized to participate in the proceedings speak.
(C) The oral argument is open to the public at the superior court that issued the judgment or order that is being appealed. If provided by local rule or ordered by the presiding judge of the appellate division or the presiding judge’s designee, public access to oral argument may in addition be provided to the public through remote technology or at any of the locations from which a judge of the appellate division is participating in oral argument.
(4) Remote appearance fees
(A) Parties who, by statute, are not charged filing fees or fees for court services may not be charged a videoconference fee under Government Code section 70630 or otherwise.
(B) Parties with a fee waiver may not be charged fees for remote appearances.
(i) To obtain remote appearance services without payment of a fee from a vendor or a court that provides such services, a party must advise the vendor or the court that they have received a fee waiver from the court. If a vendor requests, the party must transmit a copy of the order granting the fee waiver to the vendor.
(ii) If a party, based on a fee waiver, receives remote appearance services under this rule without payment of a fee, the vendor or court that provides the remote appearance services has a lien on any judgment, including a judgment for costs, that the party may receive, in the amount of the fee that the party would have paid for the remote appearance. There is no charge for filing the lien.
(5) Location of judicial officer
(A) A judicial officer may preside from the following locations:
(i) In person from a courtroom;
(ii) Remotely from within a court facility other than a courtroom; or
(iii) Remotely from outside a court facility, with the approval of the court’s presiding judge.
(B) If one or more parties appear in person, at least one judge of the appellate panel must preside in person from the courtroom.
(Subd (b) adopted effective January 1, 2026.)
(c) Notice of argument
Except for appeals covered by (a)(2), as soon as all parties’ briefs are filed or the time for filing these briefs has expired, the appellate division clerk must send a notice of the time and place of oral argument to all parties. The notice must be sent at least 20 days before the date for oral argument. The presiding judge may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.
(Subd (c) amended effective January 1, 2026; adopted as subd (b); previously amended and relettered effective January 1, 2010; previously amended effective January 1, 2020.)
(d) Waiver of argument
(1) Parties may waive oral argument in advance by filing a notice of waiver of oral argument within 7 days after the notice of oral argument is sent.
(2) The court may vacate oral argument if all parties waive oral argument.
(3) If the court vacates oral argument, the court must notify the parties that no oral argument will be held.
(4) If all parties do not waive oral argument, or if the court rejects a waiver request, the matter will remain on the oral argument calendar. Any party who previously filed a notice of waiver may participate in the oral argument.
(Subd (d) amended effective January 1, 2020; adopted as subd (c); previously relettered effective January 1, 2010.)
(e) Conduct of argument
Unless the court provides otherwise:
(1) The appellant, petitioner, or moving party has the right to open and close. If there are two or more such parties, the court must set the sequence of argument.
(2) Each side is allowed 10 minutes for argument. The appellant may reserve part of this time for reply argument. If multiple parties are represented by separate counsel, or if an amicus curiae-on written request-is granted permission to argue, the court may apportion or expand the time.
(3) Only one counsel may argue for each separately represented party.
(Subd (e) amended and relettered effective January 1, 2010; adopted as subd (d).)
Rule 8.885 amended effective January 1, 2026; adopted effective January 1, 2009; previously amended effective January 1, 2010, and January 1, 2020.
Advisory Committee Comment
Subdivision (a). Under rule 10.1108, the appellate division must hold a session at least once each quarter, unless no matters are set for oral argument that quarter, but may choose to hold sessions more frequently.
Subdivision (b)(4). Statutes currently provide that courts are not to charge fees to certain types of parties, such as governmental entities; representatives of tribes in cases covered by the Indian Child Welfare Act; and parties in certain types of cases, such as juvenile cases or actions to prevent domestic violence. This rule would preclude courts from charging videoconference fees to such parties as well.