Q: Is Opening brief required to be served on a party to lawsuit, that is not respondent?
Is Opening brief required to be served on a party to lawsuit, that is not respondent?
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A:
In California appellate procedure, you generally need to serve your opening brief on all parties named in the lawsuit, even if they're not actively participating as respondents in the appeal. This requirement helps ensure all parties stay informed about the proceedings that could potentially affect their interests.
The California Rules of Court, specifically Rule 8.25, outlines service requirements for appellate documents. While your primary focus might be on the responding party, proper service maintains transparency and allows other parties to monitor the case's progression through the appellate system, potentially intervening if their interests become directly affected.
If you're unsure about specific parties requiring service, you can consult the proof of service form (APP-009) which provides guidance on service requirements. Remember that failing to serve all required parties could lead to procedural complications, so it's better to err on the side of including rather than excluding parties when serving your opening brief.
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