CAP'S DOs and DON'TS:
- CAP requests a hard copy of the briefs filed (AOB, REPLY, PFR) in every case, in addition to the electronic copy served on capdocs at the email: email@example.com.
- When calling CAP, please direct case-specific questions to your contact person.
- The client and the attorney both sign any abandonment form submitted to the Court of Appeal.
- Don't forget that Local Rule 4 requires that any motion or application must include a proposed order.
- Please do contact CAP if you get a letter from the Court of Appeal asking for additional briefing after a case has been fully briefed. We may have insights that can help.
SAMPLE BRIEFS AND PETITIONS
CAVEAT: These samples are provided to demonstrate style and format. They are not intended as models for substantive arguments, and therefore counsel should not rely on its legal content which may be outdated. Additional samples to be added...
Second District Forms & Local Rules
The above link takes you to Court of Appeal approved forms for filing requests for extensions of time and proposed augment orders, among other things.
Local Rules 1-9 are also found on the above link, after the forms.
The Second District requires that an attorney provide his/her email address and State Bar number on every brief and document filed with the Court of Appeal. (Rule 8.40(c).)
Rule 8.407 sets forth the contents of the normal record in a dependency appeal. If a portion of the normal record has been omitted, file a letter request for correction of the record in the juvenile court, with a copy of that request in the Court of Appeal.
If additional record material is necessary which is not listed in Rule 8.407, file a motion to augment the record in the Court of Appeal, including a proposed order. (Rule 8.410(b) or 8.416(d), Local Rule 4.) Attach a copy of the requested document(s) if available. (Local Rule 2(c).) Request an extension of time at the same time, if necessary.
In an appeal from an order terminating parental rights, a record correction request and/or a motion to augment must be filed within 15 days after the original record is received. (Rule 8.416(d)(2).)
When a party who has already appealed from findings and orders in the dependency proceedings then files another appeal in the same case, the transcripts prepared for the new appeal will be a “balance of record.” That balance of record will be automatically augmented with the record filed in the prior appeal(s). (Local Rule 9.)
Handbook for Appointed COunsel
To protect the anonymity of juveniles involved in juvenile court proceedings, in all documents, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would cause the use of the first name to defeat the objective of anonymity, both the first and last initials of the juvenile may be used. (Rule 8.401.)
If you are representing a party other than the parent, child or guardian, the confidential record used by an appellate attorney must not be provided to the appellant(s), even at the conclusion of the appeal. (Rule 5.552(b)(1)(F).)