Application of The Rules of Court

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Application of The Rules of Court

Application of The Rules of Court

Our conclusion is further supported by the general considerations that guide application of the rules of court promulgated by the Judicial Council pursuant to its authority under California Constitution, article VI, section 6, to adopt “rules for court administration, practice and procedure.” (See Snukal v. Flightways Manufacturing, Inc. (2000) 23 Cal.4th 754, 762.) The rules of court are intended to refine and explain the procedure set forth in the statutory scheme (Mendez, supra, 19 Cal.4th at pp. 1093-1094; Butterfield v. Butterfield (1934) 1 Cal.2d 227, 228), consistently with legislative and constitutional law (In re Dorothy B. (1986) 182 Cal.App.3d 509, 516; Paul D. v. Superior Court (1984) 158 Cal.App.3d 838, 841). Rule 45(e) is among those appellate rules for the Supreme Court and the Courts of Appeal that have general application in both civil and criminal cases. Consistent with that status, the rule may not be construed to authorize a separate waiver in the case of a particular type of criminal appeal.
IN RE CHAVEZ, No. S099172 (Cal. May 15, 2003)

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
IN RE CHAVEZ, No. S099172 (Cal. May 15, 2003)

Rule 45(e) of the Cal. Rules of Court does not authorize the court
of appeal to relieve a defendant from default resulting from failure
to timely file a statement of reasonable grounds for appeal, and the
doctrine of constructive filing of an appeal is inapplicable under
the circumstances.
To read the full text of this opinion, go to:

http://caselaw.findlaw.com/data2/californiastatecases/s099172.doc
IN RE CHAVEZ, No. S099172 (Cal. May 15, 2003)
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s099172.pdf
IN RE CHAVEZ, No. S099172 (Cal. May 15, 2003)

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