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California Rule of Court 56

Rule 56. Original proceedings

(a) [Form and content of petition] A petition to a reviewing court for a writ of mandate, certiorari, or prohibition, or for any other writ within its original jurisdiction, must be verified and shall set forth the matters required by law to support the petition, and also the following: (1) If the petition might lawfully have been made to a lower court in the first instance, it shall set forth the circumstances which, in the opinion of the petitioner, render it proper that the writ should issue originally from the reviewing court; (2) if any judge, court, board, or other officer or tribunal in the discharge of duties of a public character be named therein as respondent, the petition shall disclose the name of the real party in interest, if any, or the party whose interest would be directly affected by the proceeding; and (3) if the petition seeks review of trial court proceedings that are also the subject of a pending appeal, the title of the petition shall include the notation "Related Appeal Pending," and the first paragraph shall set forth: (i) the title, superior court docket number, and appellate court docket number, if any, of the pending appeal, and (ii) if the petition is brought pursuant to Penal Code section 1238.5, the date of filing of the notice of appeal.

The cover of the petition shall contain the title of the case, the name, address, and telephone number of the attorney filing the petition, the name of the trial judge, and the number of the case in the trial court, if any. The cover shall also contain the California State Bar membership number of the attorney filing the petition and of every attorney who joins in the petition. California State Bar membership numbers of the supervisors in a law firm or public law office of the attorney responsible for the case need not be stated.

Until July 1, 1994, a petition shall not be rejected for filing because the attorney's California State Bar membership number does not appear on the cover, but it may be stricken if the attorney does not furnish the number promptly upon request by the clerk.

(b) [Points and authorities and service] A petition for the issuance of such a writ shall be accompanied by points and authorities and by proof of service of both on the respondent and any real party in interest named in the petition. The proof of service shall name each party represented by each attorney served; a petition accompanied by a defective proof of service shall be filed, but if a proper proof of service is not filed within five days, the court may strike the petition or impose a lesser sanction. No statement in opposition to the petition is required unless requested by the court, but within five days after service and filing, the respondent or any real party in interest or both, separately or jointly, may serve and file points and authorities in opposition and a statement of any fact considered material not included in the petition. The court in its discretion (1) may allow the filing of the petition without service, and (2) may deny the petition or issue an alternative writ without first requesting the filing of opposition.

(c) [Supporting documents] A petition for a writ that seeks review of a trial court ruling shall be accompanied by a record adequate to permit review of the ruling, including:

(1) a copy of the order or judgment from which relief is sought;

(2) copies of all documents and exhibits submitted to the trial court supporting and opposing petitioner's position;

(3) copies of all other documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling;

(4) a transcript of the proceedings leading to the order or judgment below or, if a transcript is unavailable, a declaration by counsel (i) explaining why a transcript is unavailable and (ii) fairly summarizing the proceedings, including arguments by counsel and the basis of the trial court's decision, if stated; or a declaration by counsel stating that the transcript has been ordered, the date it was ordered, and the date it is expected to be filed, which shall be a date prior to any action requested of the reviewing court other than issuance of a stay supported by other parts of the record. A full summary of the oral proceedings may be omitted if part of the relief sought is an order requiring preparation of a transcript for the use of an indigent criminal defendant in support of the writ petition, and counsel's declaration demonstrates the petitioner's need for and entitlement to the transcript.

All copies of documents shall be legible.

A petitioner who requests an immediate stay shall explain in the petition the reasons for the urgency and set forth all relevant time constraints.

In exigent circumstances, a petition may be filed without the documents required by (1), (2), and (3) if a declaration by counsel explains the urgency and the circumstances making the documents unavailable and fairly summarizes their substance.

If a petitioner does not submit the required record and explanations or does not present facts sufficient to excuse the failure to submit them, the court may summarily deny the stay request, the petition, or both.

(d) [Supporting documents--tabbed, paginated, and listed] Documents submitted in support of the petition shall (1) be bound together at the end of the petition or in a separate volume, (2) be index-tabbed by number or letter, with each exhibit consecutively paginated, and (3) begin with a table of contents listing each document by title and index-tab number or letter.

The clerk shall accept for filing petitions and supporting documents not in compliance with this subdivision; but the court may give the petitioner notice requiring that the petition and documents be brought into compliance within a stated reasonable time, or the petition may be stricken or denied summarily.

(e) [Return] If the petition is granted, with or without prior service or opposition, and a writ or order to show cause issues, the respondent or real party in interest or both, separately or jointly, may make a return, by demurrer, verified answer or both. Unless a different return date is specified by the court, the return shall be made at least five days before the date set for hearing. If the return is by demurrer alone, and the demurrer is not sustained, the peremptory writ may issue without leave to answer.

(f) [Notice to trial court] If a writ or order issues directed to any judge, court, board, or other officer or tribunal, the clerk of the reviewing court shall promptly transmit a certified copy of the writ or order to the court, board, tribunal or person to whom it is addressed.

If the writ or order stays or prohibits proceedings scheduled to occur within seven days of its issuance, or if the writ or order requires that action be taken by the respondent within seven days, or in any other urgent situation, the clerk of the reviewing court shall make a reasonable effort to give telephone notice to the clerk of the court or tribunal below, who shall notify the judge or other officer most directly concerned. Telephone notice of the summary denial of a writ is not required, whether or not a stay was previously issued.

(g) [Proceedings not covered by this rule] The provisions of this rule shall not apply to applications for a writ of habeas corpus, or to petitions for review pursuant to rules 57, 58, and 59.

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