News from the Director

FDAP Panel Alert 2018-09

June 8, 2018

  • Cal. Supreme Court E-Filing Reminders & Update
  • Shipping Costs - Explain if over $50
  • Eclaims Tips
  • Alameda County Habeas Panel Seeking Applicants

Cal. Supreme Court E-Filing Reminders & Update

  1. Service on FDAP and Others Not Automactic. Electronically filing a case-initiating pleading (e.g. Petition for Review) in the California Supreme Court through TrueFiliing will not automatically result in service of the pleading on FDAP or any other required service recipient. When a pleading opens a case, there are no parties entered yet in TrueFiling Accordingly, when filing a petition for review or any other case-initiating pleading (e.g. habeas petition) in the Court of Appeal or the Supreme Court, you must manually add all service recipients other than yourself, e.g. FDAP, the Attorney General, District Attorney, county counsel, etc. (Note: when filing a petition for review, there is no need to add the Court of Appeal, which will be served automatically.)

    Failing to serve FDAP with a petition for review will cause delays in the processing of your compensation claim.

  2. Paper Copy of E-Filed Documents in Habeas Cases. The Supreme Court modified its efiling rules, effective May 1, 2018. The requirement of submitting an unbound paper copy of an electronically-filed document now applies to documents in habeas proceedings, in addition to documents filed in the petition-for-review and merits-briefing stages of direct appeals.

Shipping Costs - Explanation Required if Over $50

Last year, the Judicial Council began requiring the appellate projects to provide an explanation when recommending payment of more than $25 for brief binding or shipping. The JCC has now increased the floor for explanations for shipping/postage costs to $50. (The $25 floor remains for binding explanations.) To ensure expeditious processing of your claims, please include an explanation when:

  • brief binding exceeds $25; or
  • shipping/postage exceeds $50.

There's no reason for a tome. Keep it short, e.g. "very large record shipped to client."

E-Claims Tips

Courtesy of CAP-LA, we have some tips on some rarely-used eClaims features you might find helpful. 
  1. Checklist Navigation & Access to Court Docket: Once the user is logged into a specific case, the checklist of steps is displayed on the left hand side. The user can move among the steps by clicking on any step in the checklist. At the top of the checklist is a globe icon.  Clicking on the globe icon opens the court’s docket for the case. 
     
  2. Tool Tips. Tool tips are information bubbles that pop up when the cursor hovers over text. eClaims has many tool tips. For example, hovering over an item in the steps checklist on the left tells the user when that particular step was completed. Various instructions are provided in tool tips, including the use of the “Completed” button at the bottom of each step, the use of the delete and add buttons in various screens, and useful guideline information about each claim line.
     
  3. Instructions. At the top of the screens for the Hours and Expense worksheet is an "Instructions" button. Wherever the word Guidelines appears within the text of the Instructions, the user can click on that word to open printable PDF of the Guidelines for Appointed Counsel. Be sure, however, to always also consult the claims guidelines on the FDAP website for First District cases

Alameda County Habeas Panel Seeking Applicants


The following is an announcement from the Alameda Conty Bar Association, which is recruiting attorneys to accept appointments in superior court habeas matters:

The Alameda County Bar Association administers the criminal conflict panel in Alameda County. The Court Appointed Attorney Program (CAAP) has historically provided indigent defendants in trial court. Recently, the Superior Court has begun referring Habeas petitions to CAAP. Consequently, CAAP is looking to establish a panel of attorneys available for these appointments.  The expectation is that appointed counsel would handle the evidentiary hearing  were the court to grant one. The hourly rate is determined by the maximum exposure of the convictions but range from $105-$140 (and in July will increase to $110-$150; you can head to our website for more information). You can find the application here.  Please note that we have not had time to update the application to list what we would require of Habeas panel applicants. We generally exercise discretion around the requirements and would do so for Habeas applicants. With that said, applicants should have previous experience with habeas work, evidentiary hearings or felony appellate work. If you are interested or want more information, contact Andrea Zambrana, CAAP Director 510.302.2202 or andrea@acbanet.org). 

 

 

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