We were recently asked to slightly revise the caption on a petition for review we filed in the Supreme Court. This led us to check in with the court’s Clerk/Executive Officer Jorge Navarrete on captioning details. Here’s what we learned.

Rule 8.504(a) requires petitions for review, answers, and replies to comply with rule 8.204 (concerning Court of Appeal briefs; see particularly subdivision (b)(10)), except as rule 8.504 otherwise provides. Rule 8.520(b)(1) does the same for Supreme Court briefs.

As far as captions on document covers are concerned, C/EO Navarrete advises that these be included to comply with those rules:

  • The superior court and its case number.
  • The name of the superior court judge who made the ruling at issue in the Supreme Court.
  • The Court of Appeal case number. (Optional is identifying the Court of Appeal that made the underlying decision.)

Also relevant is one provision in rule 8.504 — subdivision (b)(6) — that supplements rule 8.204: “The title of the case and designation of the parties on the cover of the petition must be identical to the title and designation in the Court of Appeal opinion or order that is the subject of the petition.”

Additionally, for amicus briefs, rule 8.520(f)(6) provides that “[t]he covers of the application [to file an amicus brief] and proposed [amicus] brief must identify the party the applicant supports, if any.”