CAP'S DOs and DON'TS:
CAP no longer requests a hard copy of the briefs filed (AOB, REPLY, PFR) in every case. Rather, we request that all documents filed in either the superior or appellate court for which counsel will request compensation be emailed to our service address: firstname.lastname@example.org. We ask to not be served via TrueFiling.
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intended as models for substantive arguments, and therefore counsel should not rely on its legal content which may be outdated.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...
Application for Extension of Time (PDF)
Correction Letter (PDF)
Correction Notice (PDF)
Motion to Augment (PDF)
Augmentation Order (PDF)
Phoenix H. Declaration of Counsel (PDF)
Statement of Appealability; Statement of Case; Statement of Fact; Statement of Proceedings Under the ICWA and Related California Statutes (PDF)
Notice of Abandonment (PDF)
The following addresses are for service of CAP appointed documents only.
County Counsel Offices:
San Luis Obispo
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.)
Contacting Your INCARCERATED Client
Remember, some prisons will not send out a client's letter to his or her attorney unless the address for the attorney matches the attorney's address as it appears on the State Bar website. So, be sure that the address that you give to your client is the same as the address that is given to the State Bar for their website.
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).)
Second District PHOENIX H. Policy
1) When filing a Phoenix H. brief, counsel must inform appellant in writing:
(a) that counsel has concluded there are no arguable issues to be raised on appeal;
(b) that appellant may attempt to file a brief in propria persona within 30 days (which applies to all divisions);
(c) that the Court has the discretion to permit or not permit the actual filing of the pro per brief depending on whether the Court concludes the brief shows good cause that an arguable issue does, in fact, exist; the Court is not required to permit the appellant to pursue an appeal that has no arguable merit. (In re Phoenix H. (2009) 47 Cal.4th 835, 844-845.)
(d) if the appellant does not submit to the Court a pro per brief containing an arguable issue within 30 days after the filing of a Phoenix H. brief, the Court will dismiss the appeal.
(2) Counsel must also affirmatively represent to the Court in the declaration accompanying the Phoenix H. brief:
(a) that counsel has specifically communicated all of the required information above to appellant in writing; and
(b) the date of that communication.