Rule 8.54 in respect to amending notices that are already in Appelate court, Motion - to be submitted to Superior court

Question

Rule 8.54 seems to be applicable to motions in appellate court. Does it matter though that motion has to be submitted not to reviewing applate court but to trial court?  
Which rule should be also in relevance as well?

James L. Arrasmith · Answer

The primary rule you need to consider is California Rules of Court Rule 8.54, which governs motions in appellate proceedings. However, since you're dealing with a motion that needs to be filed in the Superior Court while the case is pending appeal, you should also look at Rule 8.108, which specifically addresses extensions of time in trial courts. 
 
For amendments to notices that are already in the appellate court system, you'll need to follow both Rule 8.54's procedural requirements and Rule 8.108's jurisdictional guidelines. This is because during an appeal, jurisdiction is split between the reviewing court and the trial court, with each having authority over different aspects of the case. 
 
The key here is understanding that while Rule 8.54 provides the general framework for motions in appellate proceedings, Rule 8.108 gives the trial court continued jurisdiction over certain matters even while an appeal is pending. Additionally, you might want to review Rule 8.112, which covers immediate stay requests, as this could be relevant depending on the nature of your amendment. Remember to check your local superior court rules as well, as they may have additional requirements for filing such motions.

Q: Rule 8.54 in respect to amending notices that are already in Appelate court, Motion - to be submitted to Superior court