Wednesday, October 9, 2013

California Rules for Requesting Depublication of Published Opinions

2013 California Rules of Court

Rule 8.1125. Requesting depublication of published opinions
(a) Request
(1)Any person may request the Supreme Court to order that an opinion certified for publication not be published.
(2)The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.
(3)The request must concisely state the person's interest and the reason why the opinion should not be published.
(4)The request must be delivered to the Supreme Court within 30 days after the decision is final in the Court of Appeal.
(5)The request must be served on the rendering court and all parties.
(b) Response
(1)Within 10 days after the Supreme Court receives a request under (a), the rendering court or any person may submit a response supporting or opposing the request. A response submitted by anyone other than the rendering court must state the person's interest.
(2)A response must not exceed 10 pages and must be served on the rendering court, all parties, and any person who requested depublication.
(c) Action by Supreme Court
(1)The Supreme Court may order the opinion depublished or deny the request. It must send notice of its action to the rendering court, all parties, and any person who requested depublication.
(2)The Supreme Court may order an opinion depublished on its own motion, notifying the rendering court of its action.
(d) Effect of Supreme Court order to depublish
A Supreme Court order to depublish is not an expression of the court's opinion of the correctness of the result of the decision or of any law stated in the opinion.
Rule 8.1125 renumbered effective January 1, 2007; repealed and adopted as rule 979 effective January 1, 2005.

1 comment:

  1. Hi,

    Thanks for your interest. I have argued 3x at the Cal Supreme Court a long time ago.

    The letter I sent was sent by regular mail. The Supreme Court gets a LOT of mail so it can take a while for it to get it on the docket. They probably got more mail than usual on Glaski. I am going to have my secretary call Monday to make sure they got it and they know there is opposition. (I forgot to put something in my letter and am in fact going to supplement it.)

    Typically, the Cal Supreme Court will only depublish if the decision is wrong in some significant way, such that it would mislead the bench and bar if it remained as citable precedent.' They don't do it just to reconsider the opinion of the Court of Appeal. If someone wants to challenge the Court of Appeal they have to use the usual Petition procedure. The fact that the banks took the "chickens" way out , indicates to me that they are afraid to ask the court in the usual way to reverse the decision. I really doubt the Court will depublish it. They will quickly see that if the banks were serious they would have done a regular appeal.

    They only had 10 days to file a regular Petition so if depublication doesn't work, they are history:

    The petition for review must be served and filed within 10 days after the Court of Appeal decision becomes final, as explained in California Rules of Court, rules 8.500(e) and 8.264. Any party opposed to review may file an answer to the petition, or may ask the court to review additional issues in the case.

    I THINK THEY DID THIS BECAUSE THE LAST THING THEY WANT IS A DECISION FROM THE HIGHEST COURT IN THE STATE AGAINST THEM.

    It can take them a long time to decide these things too. Especially with the budget constraints.

    ReplyDelete