Material from SDAP 2010 Seminar Available
Material from the 2010 SDAP seminar is now available online.

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Amended Penal Code Section 4019 - Update
On May 11, 2010, the Sixth District Court of Appeal held that the amended version of Penal Code section 4019 does not apply retroactively. (People v. Hopkins, H033413 et al.) However, panels in the other districts have decided the amendments to the statute do apply retroactively. The California Supreme Court has been granting review in these cases.

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SDAP Panel Manual Available Online
Some attorneys have asked if the SDAP panel manual is available Online. It is. Most of the manual is under Practice Tools and Claims. Some of it can be found under Contact SDAP > About SDAP.

When Referring to Minors, Sex Victims in the D.C.A.
The court of appeal prefers that a juvenile and parties in juvenile cases be referred to by their initials instead of the first name and last initial. The minor's date of birth, address, and other identifying information should not be included. This would often include the names of the minor's parents. The same rule applies to victims of sex crimes. (See Cal. Style Manual (4th ed. 2000) §§ 5.09, 5.10, pp. 179-181.)

Please note California Rules of Court, rule 8.400(b)(2), and rule 8.401(a)(2), effective July 1, 2010, state: "To protect anonymity, a party must be referred to by first name and last initial in all filed documents and court orders and opinions; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the party's initials may be used."

California Style Manual Available Online
The contents of the California Style Manual is available here in pdf format.

STYLE MANUAL

EOT Requests Need a Captioned Order
Michael Yerly, Clerk of the Sixth District Court of Appeal, and Corrine Pochop, the assistant clerk, spoke at the annual SDAP seminar. They said an application for an extension of time needs to be accompanied with a proposed order. The order must be on a separate page with a case caption. There should be enough copies of the proposed order to be sent by the court to all parties. Envelopes do not need to be provided for SDAP, the Attorney General, or Santa Clara County Counsel. When requesting an EOT, the court would like to know how far counsel has progressed with the briefing, such as how many issues have been briefed and how many more issues are left to be drafted.

SAMPLE EOT WITH ORDER