Rule 8.728. Review of Agricultural Labor Relations Board and Public Employment Relations Board cases
Cal. Rules of Court, rule 8.728
Current text effective April 25, 2019.
#(a) Petition
#(1) A petition to review an order or decision of the Agricultural Labor Relations Board or the Public Employment Relations Board must be filed in the Court of Appeal and served on the executive secretary of the Agricultural Labor Relations Board or the general counsel of the Public Employment Relations Board in Sacramento and on any real parties in interest.
#(2) A real party in interest is a party of record to the proceeding.
#(3) The petition must be verified.
#(b) Record
Within the time permitted by statute, the board must file the certified record of the proceedings and simultaneously file and serve on all parties an index to that record.
#(c) Briefs
#(1) The petitioner must serve and file its brief within 35 days after the index is filed.
#(2) Within 35 days after the petitioner's brief is filed, the board must-and any real party in interest may-serve and file a respondent's brief.
#(3) Within 25 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.
#(d) Certificate of Interested Entities or Persons
#(1) Each party other than the board must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.
#(2) The petitioner's certificate must be included in the petition and the real party in interest's certificate must be included in the answer. The certificate must appear after the cover and before the tables.
#(3) If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions:
#(4) If the party fails to comply with the notice under (3), the court may impose the sanctions specified in the notice.
(Subd (d) amended effective January 1, 2016; adopted effective July 1, 2006; previously amended effective January 1, 2007.)
#History
Rule 8.728 renumbered effective April 25, 2019; repealed and adopted as rule 59 effective January 1, 2005; previously amended effective July 1, 2006, and January 1, 2016; previously amended and renumbered as rule 8.498 effective January 1, 2007.
What this rule requires
Filing Timing and Cure Windows
Within the time permitted by statute, the board must file the certified record of the proceedings and simultaneously file and serve on all parties an index to that record.
(1) The petitioner must serve and file its brief within 35 days after the index is filed.
(2) Within 35 days after the petitioner's brief is filed, the board must-and any real party in interest may-serve and file a respondent's brief.
(3) Within 25 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.
A party notified by the clerk of a failure to file a required certificate must file it within 10 days after the notice is sent.
The rule's wording
(3) If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions:
(4) If the party fails to comply with the notice under (3), the court may impose the sanctions specified in the notice.
Service and Proof of Service Rules
A petition to review an order or decision of either Board must be served on the specified Board official in Sacramento and on any real parties in interest.
The rule's wording
(1) A petition to review an order or decision of the Agricultural Labor Relations Board or the Public Employment Relations Board must be filed in the Court of Appeal and served on the executive secretary of the Agricultural Labor Relations Board or the general counsel of the Public Employment Relations Board in Sacramento and on any real parties in interest.
Within the time permitted by statute, the board must file the certified record of the proceedings and simultaneously file and serve on all parties an index to that record.
(1) The petitioner must serve and file its brief within 35 days after the index is filed.
(2) Within 35 days after the petitioner's brief is filed, the board must-and any real party in interest may-serve and file a respondent's brief.
(3) Within 25 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.
(1) Each party other than the board must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.
Document Filing Requirements
A petition to review an order or decision of either Board must be filed in the Court of Appeal.
The rule's wording
(1) A petition to review an order or decision of the Agricultural Labor Relations Board or the Public Employment Relations Board must be filed in the Court of Appeal and served on the executive secretary of the Agricultural Labor Relations Board or the general counsel of the Public Employment Relations Board in Sacramento and on any real parties in interest.
(3) The petition must be verified.
(1) Each party other than the board must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.
(2) The petitioner's certificate must be included in the petition and the real party in interest's certificate must be included in the answer.
(3) If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions:
(A) If the party is the petitioner, the court will strike the petition; or
(B) If the party is the real party in interest, the court will strike the document.
(2) The certificate must appear after the cover and before the tables.
Official text: courts.ca.gov , checked October 19, 2026.
#Advisory Committee Comment
A party other than the petitioner who files an answer or brief may be required to pay a filing fee under Government Code section 68926 if the answer or brief is the first document filed in the writ proceeding in the reviewing court by that party. See rule 8.25(c).