The parties’ motion failed to include a joint declaration by counsel as required by local rule. (See also Ct. App., Fourth Dist., Div. Three, Internal Practices and Proc., V C, Stipulated Requests for Reversal.) But the parties’ joint application, in conjunction with the record already filed on appeal, provided the information that should ordinarily be provided in the joint declaration. We therefore have overlooked the parties’oversight.
Monday, January 9, 2017
Stipulated reversal reminder for 4/3
Assume you're seeking a stipulated reversal under CCP section 128(a)(8) ... in Orange County. Don't forget that 4/3 has a local rule (really an Internal Operating Procedure) on this requiring a joint declaration of counsel! Although forgetting the declaration may be "overlooked" (as was done here today, quote below from fn.1), best to do it correctly: