IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number]

Transcription

1 Parts in blue print are instructions to user, not to be included in filed document unless as noted. [NOTE: This sample may be helpful when documents have been sealed by the trial court, appellate counsel has reviewed the sealed documents and reference is made to them on appeal and/or in a petition.] [Attorney s Name, Bar number Address and Telephone Number] Attorney for [Appellant or Petitioner] [Name] IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [Number] THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. [Appellant or Petitioner s Name], Defendant and Appellant. Court of Appeal No. [Number] Superior Court No. [Number] APPLICATION TO FILE [APPELLANT S OPENING BRIEF/ PETITION FOR WRIT OF HABEAS CORPUS/ OTHER DOCUMENT] UNDER SEAL AND A REDACTED VERSION [Appellant or Petitioner], [name], through [her/his] appointed counsel requests permission to file the [appellant s opening brief/ petition

2 for writ of habeas corpus/ other document] under seal and to file a redacted brief. This request is made under the authority of California Rules of Court, rules [sealed records], [procedure for filing records under seal], and 8.46 [sealed records on appeals]. As required by California Rules of Court, rule 2.551(b)(5), a public redacted copy of the [the brief/ petition/ other document] is also being lodged. [Practice Tip: The redacted version should include materials that have no legal justification for confidentiality and can reasonably be segregated from the confidential material.] This application to seal is based on the record in this appeal and the attached declaration of counsel. (Cal. Rules of Court, rule 8.46(e)(2).) Practice Tip: It may be necessary to file counsel s unredacted application and any attachment conditionally under seal if they necessarily state facts in support of sealing that are sensitive or privileged and should not be revealed to the public. (Cal. Rules of Court, rules 2.551(b)(5) & 8.46(e)(4).)] Dated: Respectfully submitted, [Attorney s Name] Attorney for [Appellant or Petitioner] [Practice Tip: Rule 8.46(e)(3) provides that the party lodging the brief [or other document] must place the sealed document in an appropriate container, seal it, attach a cover sheet that complies with rule 8.40(c), and label the contents as CONDITIONALLY UNDER SEAL. ] 2

3 DECLARATION OF [APPELLATE COUNSEL S NAME] I, [appellate counsel s name], hereby declare: 1. I am an attorney duly licensed to practice before all the courts in the State of California and the appointed attorney of record for [appellant or petitioner] [name] in his appeal. 2. The record on appeal includes [documents sealed by the trial court/ a reporter s transcript of a heard held in camera from which the public and the People were excluded, etc.] This record remains sealed on appeal. [Provide explanation why the brief/ petition/ document was sealed in the trial court and any action taken by the reviewing court with regard to sealing.] 3. Argument [number] in the brief necessarily makes reference to and relies on non-public materials in one of these sealed documents. [Specify and cite to sealed record.] Appellate counsel is unable to draft this argument without any reference to any confidential material, because it is directly based on the events and information the trial court deemed necessary to seal. To avoid improper disclosure of sealed information, appellant is lodging the appellant s opening brief conditionally under seal and applies for the reviewing court s permission to file it under seal.] 3

4 4. A copy of the complete unredacted [brief or petition or other document] is enclosed in an envelope labeled CONDITIONALLY UNDER SEAL pursuant to California Rules of Court, rules 2.551(d) and 8.46(e)(3). As required by California Rules of Court, rule 2.551(b)(5), a redacted copy of the [the brief or petition or other document] is also being lodged. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: [insert complete date] [attorney s signature] 4

5 PROOF OF SERVICE 5