Thursday, March 7, 2013

Are you the *Star of your appeal?

In the category of "Don't blow your Cover," note that Rule 8.40(c) was amended effective January 1 to require that covers in the Court of Appeal include e-mail addresses. Also, if more than one lawyer from a firm is on the brief (and that's typically the case, right?) then one of those lawyers has to be designated with an asterisk as counsel for the court to contact. This requirement parallels SCOTUS practice of designating an official "counsel of record."

Here's the rule:
(c) Cover information
(1) Except as provided in (2), the cover-or first page if there is no cover-of every document filed in a reviewing court must include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number of each attorney filing or joining in the document, or of the party if he or she is unrepresented. The inclusion of a fax number or e-mail address on any document does not constitute consent to service by fax or e-mail unless otherwise provided by law.

(2) If more than one attorney from a law firm, corporation, or public law office is representing one party and is joining in the document, the name and State Bar number of each attorney joining in the document must be provided on the cover. The law firm, corporation, or public law office representing each party must designate one attorney to receive notices and other communication in the case from the court by placing an asterisk before that attorney's name on the cover and must provide the contact information specified under (1) for that attorney. Contact information for the other attorneys from the same law firm, corporation, or public law office is not required but may be provided.

Bonus points for readers who know who this guy is...