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Court Rules

California Rules of Court

Rule 8.398. Finality

Cal. Rules of Court, rule 8.398

Current text effective April 25, 2019.

#(a) General rule

Except as otherwise provided in this rule, rule 8.366(b) governs the finality of a Court of Appeal decision in a proceeding under this article.

#(b) Denial of certificate of appealability

The Court of Appeal's denial of an application for a certificate of appealability in a proceeding under this article is final in that court on filing.

#History

Rule 8.398 adopted effective April 25, 2019.

What this rule requires

Filing Timing and Cure Windows

  • Except as otherwise provided in this rule, rule 8.366(b) governs the finality of a Court of Appeal decision in a proceeding under this article.

  • The Court of Appeal's denial of an application for a certificate of appealability in a proceeding under this article is final in that court on filing.

Official text: courts.ca.gov , checked October 19, 2026.