The provision also permits quotations of any length to be block-indented and single-spaced at the discretion of the brief writer. Heres a list of places information can be found in the record on appeal: Each case is different. Subdivision (b)(2) allows the use of any conventional font-e.g., Times New Roman, Courier, Arial, Helvetica, etc.-and permits the font to be either proportionally spaced or monospaced. You cannot introduce new information, new evidence, or new witnesses during the appeal process. Then the appellant has an opportunity to file a final brief called a reply brief that addresses whats included in the respondents brief. The Court refused to read this section of CEQA to impose requirements on the Los Angeles Board when the Legislature has specified no means to carry out those requirements apart from an EIR, from which the Los Angeles Board is expressly exempt under Water Code section 13389. The reply brief is very different from the appellants opening brief. You are encouraged to use formAPP-009 (serve by mail or in person) or APP-009E (serve electronically)forproof ofservice. The Court of Appeal will only consider whats included in the record on appeal. (7) The pages must be consecutively numbered. Below are links to the more commonly used forms. An appeal is not a new trial. Importantly, the Court explained that granting the State Water Board broad discretion represents a practical necessity. Can I talk about old and new legal issues in my reply brief? The appellant must file one proof of service of service form for each brief that is delivered. Subdivision (c). Its a question. Subdivision (e) states the consequences of submitting briefs that do not comply with this rule: (e)(1) recognizes the power of the reviewing court clerk to decline to file such a brief, and (e)(2) recognizes steps the reviewing court may take to obtain a brief that does comply with the rule. Rules for information required to be included on the cover of the brief: The cover should include the title of the case, the superior court and Court of Appeal case numbers, the names of the superior court judge and county, the type of brief (for example, Appellants Opening Brief, Respondents Brief, or Appellants Reply Brief (see Cover of Sample Form K), and the filing partys name, address, and daytime telephone number. Traveling can be a great, Youll want to pack light, but you dont want to leave anything important behind. (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. Appeals are won or lost on the briefs, so the appellant needs to spend time researching and writing a persuasive, concise legal argument. If apartyneeds more time to file and has already stipulated to 60 daysorif the parties are unable to agree to an extension, amotion orapplicationfor extension of time may be filed with the Court ofAppeal. Contact: /*
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