Legal Question in Appeals and Writs in California
what does "8.340 briefing not stayed" mean in an appellate case in california ?
Asked on 1/07/11, 11:21 am
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Rule 8.340 of the California Rules of Court allows the record on appeal to be augmented if some important materials were left out. An order augmenting the record often results in a stay of the briefing schedule so the lawyers will have time to review the new materials and incorporate them into their arguments. The order you describe means that the appellate court agreed to augment the record but decided not to delay the briefing.
Answered on 1/12/11, 11:35 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Hoffman. You can read the rule here:
http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_340
Answered on 1/12/11, 4:56 pm
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