Before the Supreme Court, a court of appeal, or the appellate division of a superior court renders a decision in a proceeding other than a summary denial of a petition for an extraordinary writ, based upon an issue which was not proposed or briefed by any party to the proceeding, the court shall afford the parties an opportunity to present their views on the matter through supplemental briefing. If the court fails to afford that opportunity, a rehearing shall be ordered upon timely petition of any party.
Cal. Gov. Code § 68081
General Provisions
Applied in 55 court decisions — leading case 142 Cal. App. 4th 1394 - Camacho v. AUTO. CLUB OF SO. CALIFORNIA (2006)
Most recently applied in People v. Superior Court of Stanislaus Cnty. (August 2019)
Amended by Stats. 1998, Ch. 931, Sec. 224
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.