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Except in cases in which counsel has filed a motion under L.A.R. 109.2 to withdraw under Anders v. California, 386 U.S. 738 (1967), parties represented by counsel may not file a brief pro se. If a party sends a pro se brief to the court, the clerk will forward the brief to the party’s attorney of record, with notice to the pro se party. Counsel may choose to include the arguments in his or her brief or may in the unusual case file a motion to file a supplemental brief, if appropriate.

Notes

Rule 31.3 was added in 2002 and is intended to establish a uniform policy of dealing with pro se briefs from parties who are represented by counsel. SeeMartinez v. Court of Appeal of Cal. 528 U.S. 152 (2000)(no right to self-representation on appeal).