Sixth District Requires Electronic Briefs

All motions, with some exceptions, and any brief raising no issues must be electronically filed in the Sixth District Court of Appeal in lieu of paper copies. Petitions and briefs in criminal and juvenile case must be electronically submitted with the original and copies filed in the court. EOTs in juvenile cases must be paper filed. EOTs after the first extension in criminal cases must be paper filed. The AG and Santa Cruz DA may be electronically served. SDAP may be electronically served only no issue briefs, first EOT requests, notice of change of address, and notice of substitution of counsel.

Specifically, all briefs filed pursuant to People v. Wende (1979) 25 Cal.3d 436, Conservatorship of Ben C. (2007) 40 Cal.4th 529, In re Phoenix H. (2009) 47 Cal.4th 835, or People v. Serrano (2012) 211 Cal.App.4th 496 must be filed electronically with the court with no paper copies submitted. The documents must be submitted in the following format: Documents must be a single, text-searchable PDF file, no more than 5 MB in size, and an exact duplicate of the paper copy. A text-searchable PDF file means the document cannot be scanned. Instead, counsel must use a computer program that converts the word processing file into a PDF file.

Starting May 15, 2013, all motions must be electronically filed, and no paper copies need be submitted to the court of appeal. There is an exception for motions to augment the record and for judicial notice that have documents attached to them. Although a civil EOT form is available at the website of the Sixth District Court of Appeal, attorneys in criminal, juvenile, and commitment cases should continue to type his or her own written request and explain the good cause for an extension of time.

A copy of all briefs and petitions for rehearing in criminal, juvenile delinquency and dependency cases must be electronically delivered to the court of appeal. In addition, the original and three paper copies (instead of four copies, as was the old requirement) must be filed with the court. The same requirements apply to the filing of writ petitions arising under Welfare and Institutions Code sections 366.26 and 366.28.

A copy of all writ petitions must be electronically delivered. In addition, as to all writ petitions (except those arising under Welfare and Institutions Code sections 366.26 and 366.28), the original and two paper copies must be filed with the court (under the old requirements, four copies must be filed). The requirement applies to all subsequent briefs in the case such as traverses, returns, etc. The parties must also lodge a paper copy of the exhibits and electronically file a copy of the exhibits.

SDAP will accept electronic service of Wende, Ben C., Phoenix H., and Serrano briefs, as well as a first request for an extension of time in a criminal case, a change of address, and a substitution of counsel that is electronically filed. Service shall be made at sdapattorneys@sdap.org in PDF format. All other documents must be served to SDAP through the mail. The subject header should include the case name, case number and the title of document. The name of the buddy staff attorney should be in the e-mail.

The Attorney General must be electronically served documents that are required to be electronically filed. A party may electronically serve the Attorney General all documents. Electronic service must be in either a PDF or Word format at Docketing6DCASFAWT@doj.ca.gov. The subject header should include the case name, case number and the title of the document.

In criminal cases from Santa Cruz, the Santa Cruz District Attorney's Office is accepting electronic service of appellate briefs. They shall be sent to: angie.madrigal@co.santa-cruz.ca.us.

In dependency cases, county counsel must be served a hard copy in the mail. Where no issue is raised on appeal in dependency cases, counsel shall prepare a letter brief. It shall be electronically filed in the court of appeal, and no paper copies should be delivered to the court of appeal. SDAP can be electronically served. All other parties must be mailed a paper copy. It is important to note that the letter brief must still set forth the "applicable facts and the law." (In re Phoenix H. (2009) 47 Cal.4th 835, 843.)

A Hard copy should be mailed to the client, the district attorney (except when the Santa Cruz District Attorney is electronically served), the superior court, and any other parties. No other hard copies need be produced.

The proof of service needs to be modified. (See Cal. Rules of Court, Rule 2.251(g).) Counsel is responsible for maintaining an unaltered copy of the documents that are electronically filed, delivered, or served. (Code Civ. Proc. 1010.6; Cal. Rules of Court, Rules 2.250 et seq.) The standing orders are below. Additional information and the methodology for electronic filing and electronic delivery will be found on the court’s website at http://www.courts.ca.gov/6dca.htm. A sample proof of service is available in pdf, Word, and WordPerfect. Note that the sample proof of service does not necessarily have all of the proper parties listed.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Misc. Order 12-1

(Amended January 7, 2013)

IT IS HEREBY ORDERED that effective May 1, 2012, pursuant to California Rules of Court, rule 8.70, any appellate brief filed pursuant to People v. Wende (1979) 25 Cal.3d 436, 441, In re Phoenix H. (2009) 47 Cal.4th 835, Conservatorship of Ben C. (2007) 40 Cal.4th 529, or People v. Serrano (2012) 211 Cal.App.4th 496 shall be submitted for filing electronically. This electronic filing will satisfy, and substitute for, the filing requirement of a paper original and any required paper copies in this court. The court will return an electronic copy to the sender indicating the document has been filed.

Counsel are directed to electronically serve all Wende, Ben C., and Serrano briefs on the Office of the Attorney General at Docketing6DCASFAWT@doj.ca.gov and on the Sixth District Appellate Program at sdapattorneys@sdap.org. Counsel shall continue to serve paper copies according to the additional service requirements of the California Rules of Court, rule 8.360(d), unless, pursuant to California Rules of Court, rule 8.71(2), a party indicates that the party agrees to accept electronic service.

If this order causes undue hardship or significant prejudice to any party, the party shall file an original paper brief without copies, accompanied by a declaration of hardship.

Dated ___January 7, 2013____ __________ Rushing _______P.J.

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Order Dated May 10, 2012

Effective immediately, the Sixth District Count of Appeal will no longer require complaince with California Rules of Court, rule 8.360(a) for briefs filed pursuant to In re Phoenix H. (2009) 47 Cal.4th 835. Court-appointed counsel should now submit a Phoenix H. brief in letter format when court-appointed counsel find no arguable issue to be pursued on appeal. All letter briefs filed pursuant to In re Phoenix H. shall be electronically filed. All other procedures and requirements associated with Phoenix H. briefs shall remain unchanged.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Misc. Order 12-3

IT IS HEREBY ORDERED that effective May 1, 2012, in lieu of an original and four paper copies, all counsel filing briefs or petitions for rehearing and answers thereto in criminal matters; appeals filed from judgments or appealable orders in cases under Welfare and Institutions Code sections 300, 601, 602; actions to free a child under Family Code section 7800 et seq; and writ petitions filed under Welfare and Institutions Code section 366.26 and 366.28, shall file an original and three paper copies and submit one electronic copy through the court's website at http://www.courts.ca.gov/6dca.htm .

Counsel shall continue to serve paper copies according to the additional service requirements of the California Rules of Court, rule 8.360(d), unless that party agrees to accept electronic service. (California Rules of Court, rule 8.71(2).)

Self-represented parties may, but are not required to, comply with this order. If this order causes undue hardship or significant prejudice to any party, the party shall not be required to comply with this order and may file an unbound 4 th paper copy in lieu of an electronic copy.

Dated____ March 15, 2012 _______ ____________ Rushing ____________P.J.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Misc. Order 12-4

IT IS HEREBY ORDERED that effective May 1, 2012, in lieu of an original and four paper copies, all parties filing or opposing any writ petition, except petitions filed pursuant to Welfare and Institutions Code section 366.26 and 366.28, shall file an original and two paper copies of all writ related filings and submit one electronic copy through the court's website at http://www.courts.ca.gov/6dca.htm . Writ related filings include, but are not limited to, any form, petition, informal response, preliminary opposition, return filed in this court, traverse, briefs, or declaration filed in support or opposition of the requested writ relief.

Effective May 1, 2012, in addition to lodging an original with the court, parties shall also submit the record supporting a writ petition in electronic form through the court's website. Should the record exceed the size limitations of the website, a party may elect to submit the record in multiple parts or provide the court with the record in digital format.

Self-represented parties may, but are not required to, comply with this order. If this order causes undue hardship or significant prejudice to any party, the party shall not be required to comply with this order and may file a third unbound paper copy in lieu of the electronic copy.

Dated____ March 15, 2012 _____ _________ Rushing ____________P.J.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Misc. Order 13-1

IT IS HEREBY ORDERED that effective May 15, 2013, pursuant to California Rules of Court, rule 8.70, any motion filed in the Sixth Appellate District shall be submitted for filing electronically. This electronic filing will satisfy, and substitute for, the filing requirement of a paper original and any required paper copy in this court. The court will return an electronic copy to the sender indicating the document has been filed.

This order shall apply to all motions filed in the Court of appeal with the following exception:
Any party filing a Motion to Augment the Record or any Request for Judicial Notice which attaches documents that are to be made part of the record on appeal shall submit the original motion and attached documents in paper form and one copy electronically.

If this order causes undue hardship or significant prejudice to any party, the party shall file an original motion and one scan-ready copy, accompanied by a declaration of hardship. “Scan-ready” means the document is unbound and does not have tabs.

Dated_April 25, 2013_________Conrad L. Rushing, P.J.__________

(March 15, 2012, updated May 7, 2013)

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