Rule 8.248. Prehearing conference

(a) Statement and conference After the notice of appeal is filed in a civil case, the presiding justice may:

(1) Order one or more parties to serve and file a concise statement describing the nature of the case and the issues presented; and

(2) Order all necessary persons to attend a conference to consider case management issues, settlement, and other relevant matters.

(b) Agreement An agreement reached in a conference must be signed by the parties and filed. Unless the Court of Appeal orders otherwise, the agreement governs the appeal.

(c) Proceedings after conference

(1) Unless allowed by a filed agreement, no matter recited in a statement under (a)(1) or discussed in a conference under (a)(2) may be considered in any subsequent proceeding in the appeal other than in another conference.

(2) If settlement is addressed at the conference, other than an inquiry solely about the parties’ interest in settlement, neither the presiding officer nor any court personnel present at the conference may participate in or influence the determination of the appeal.

(d) Time to file brief The time to file a party’s brief under rule 8.212(a) is tolled from the date the Court of Appeal sends notice of the conference until the date it sends notice that the conference is concluded.

Committee Notes

(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2016.)

(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2007.)