Local Rules

Every county in California has certain laws and rules that are specific to that county. The reason for this is an area's resources and demographics are different for each county. For instance, rules in Orange county are obviously going to be much different than our rules here in Modoc.

Click here for the Local Rules (PDF)
 

TABLE OF CONTENTS

 

THE SUPERIOR COURT OF THE        

STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF MODOC

LOCAL RULES OF COURT

EFFECTIVE JANUARY 1, 2011

 

TABLE OF CONTENTS

CHAPTER 1: GENERAL RULES ...........................................................................................   7

1.01 Citation of Rules ...............................................................................................................   7

1.02 Effective Date of Rules .....................................................................................................   7

1.03 Effect of Rules; Judicial Council Preemptions.....................................................................   7

1.04 Construction and Application of Rules; Publisher of  Rule...................................................   7

1.05 Definitions of Words Used in these Rules ..........................................................................   7

1.06 Amendment or Addition to, or Repeal of, Local Rules of Court .........................................   7

 

CHAPTER 2: ADMINISTRATIVE MATTERS ......................................................................   7

2.01 Judges Pro Tem ................................................................................................................   7

2.02 Official Court Reporters ....................................................................................................   7

2.03 Case Disposition Time Standards ......................................................................................   8

2.04 Smoking During Court Proceedings ...................................................................................   8

2.05 Courtroom Decorum ........................................................................................................ .  8

2.06 Court Executive Officer; Executive Officer’s Assumption Of  Responsibilities Of The         Clerk Of The Superior Court ....................................................................................................   9

2.07 Code Of Ethics For Court Employees ...............................................................................   9

2.08 Jury Selection Boundaries ...............................................,.................................................   9

2.09 Excuses From Jury Service ...............................................................................................   9

2.10 Interpreters .....................................................................................................................  10

2.11 Form Of Papers Presented For Filing And Clerk’s Authority Re Such Papers ...................  11

2.12 Facsimile (FAX) Filing In Civil, Probate And Family Law .................................................  11

2.13 Payment Or Waiver Of Filing Fees ...................................................................................  13

2.14 Motions To Be Relieved As Attorney Of Record .............................................................   13

2.15 Substitution Of Attorneys Or Of Party In Pro Per ............................................................   13

 

 

2.16 Procedure Upon Filing Of A Peremptory Challenge Or Challenge

     Pursuant To CCP §170.1, 170.3, 170.6; Assignment For All Purposes ..............................   13

 

CHAPTER 3: GENERAL CIVIL RULES AND LAW & MOTION RULES ..........................  14

3.01 Scope Of Civil And Law & Motion Rules ........................................................................  14

3.02 Motions And Other Applications In General .....................................................................  14

3.03 Ex Parte Motions And Applications .................................................................................  16

3.04 Rules Affecting Pleadings, Motions And Papers ...............................................................  19

3.05 Motions For Summary Judgment Or Summary Adjudication .............................................  20

3.06 Continuances And Conduct Of Hearings On Motions And Other

     Applications For Orders .....................................................................................................  20

3.07 Preparation Of Orders .....................................................................................................  21

3.08 Procedures Regarding Applications For Extraordinary Writs ............................................   22

 

CHAPTER 4: SETTING FOR TRIAL, AND TRIAL IN CIVIL MATTERS ...........................  23

4.01 Setting General Civil Cases For Trial ................................................................................  23

4.02 Changing Trial Date Once Assigned And Special Settings .................................................  25

4.03 Procedures For Telephonic Appearances At Case Management And Pre-Trial

     Conferences .......................................................................................................................  25

4.04 Duties If Case Settles ......................................................................................................  26

4.05 Demand For Jury Fees; Waiver Of Jury; Refunds .............................................................  27

4.06 Parties Not Present For Trial ...........................................................................................  28

4.07 Conduct Of Civil Jury Trials .............................................................................................  28

4.08 Setting Unlawful Detainer Cases For Trial ........................................................................  29

 

CHAPTER 5: MISCELLANEOUS CIVIL RULES .................................................................  30

5.01 Attorney Fees In Civil Actions Or Proceedings .................................................................  30

5.02 Attorney Fees In Cases Involving Minors Or Incompetent Persons ....................................  30

5.03 Compromise Of Claim Of Minor Or Incompetent Person ..................................................  31

5.04 Form Of Judgment ............................................................................................................ 32

5.05 Form Of Stipulated Judgment ............................................................................................ 32

5.06 Settlement Conferences ....................................................................................................  32

5.07 Sanctions .......................................................................................................................... 33

5.08 Default Prove-Ups ...........................................................................................................  33

5.09 Prove-Up In Quiet Title Proceedings ................................................................................  34

5.10 Obtaining Default Judgments Pursuant To Service By Publication ......................................  34

5.11 Small Claims Court; Appearance By Plaintiff; Dismissal ...................................................   35

5.12 Representation In Unlawful Detainer Proceedings ............................................................   35

 

CHAPTER 6: FILING CRIMINAL COMPLAINTS AND CITATIONS; BAIL; ARRAIGNMENT;

WARRANTS; AMENDMENTS TO COMPLAINTS; AND INFORMATIONS ..................  35

6.01 Filing Criminal Complaints And Citations ..........................................................................  35

6.02 Bail And "O.R." Procedures .............................................................................................  36

6.03 Arrest Warrants And Search Warrants .............................................................................  36

6.04 Arraignment .....................................................................................................................  37

6.05 Amendments To Complaints And Informations .................................................................  37

 

CHAPTER 7: MISDEMEANOR SETTLEMENT AND PRETRIAL PROCEEDINGS ..........  38

7.01 Negotiations Prior To Settlement Conference ...................................................................  38

7.02 Settlement Conference .....................................................................................................  38

7.03 Pretrial Motions ...............................................................................................................  38

7.04 Trial Settings ....................................................................................................................  39

7.05 Readiness/Trial Management Conferences   ......................................................................  39

 

CHAPTER 8: CRIMINAL DISCOVERY RULES .................................................................  39

8.01 Discovery .......................................................................................................................  39

CHAPTER 9: CRIMINAL TRIAL RULES ............................................................................  40

9.01 Motions At Trial .............................................................................................................  40

9.02 Submission Of Jury Instructions, Verdict Forms And Voir Dire Questions ........................  40

 

CHAPTER 10: PRELIMINARY EXAMINATIONS ...........................................................   40

10.01 Time Estimate For Preliminary Examination ..................................................................   40

10.02 Continuance Of Preliminary Examination .......................................................................   41

 

CHAPTER 11: MISCELLANEOUS TRAFFIC INFRACTION RULES ...............................   41

11.01 Traffic School ................................................................................................................   41

11.02 Trials By Declaration .....................................................................................................   41

 

CHAPTER 12: GENERAL CRIMINAL RULES ...................................................................   42

12.01 Sanctions ......................................................................................................................   42

12.02 Photographing Or Recording Court Proceedings ............................................................   42

12.03 Pretrial Motions ............................................................................................................   42

12.04 Policy Regarding Acceptance Of Negotiated Plea After Final Pretrial  Conference .........   43

12.05 Requests For Sentence Modification And Other Post-Trial Motions ...............................  43

12.06 Claims By Court-Appointed Counsel For Payment Of Fees ..........................................   44

 

CHAPTER 13: FAMILY LAW RULES ................................................................................   44

13.01 Organization Of Family Law Proceedings .....................................................................   44

13.02 Family Law Motions And Orders To Show Cause .......................................................   44

13.03 Family Law Discovery .................................................................................................   48

13.04 Rules Applicable To All Financial, Child Support And Spousal Support  Issues ............   48

13.05 Procedures And Policies For Resolution Of Custody And Visitation Issues ...................   49

13.06 Contested Trials .........................................................................................................    54

13.07 Judgments By Default And Uncontested Dissolutions   ................................................    58

13.08 Uncontested Judgments Pursuant To Stipulation ..........................................................    60

13.09 General Procedure For Default And Uncontested Cases Pursuant To Family Code       Section 2336 ........................................................................................................................    61

13.10 Family Law Facilitator .................................................................................................    61

 

CHAPTER 14: PROBATE RULES .......................................................................................   63

14.01 Settings And Assignments .............................................................................................   63

14.02 Filing Of Documents And Review Prior To Hearing  ......................................................   63

14.03 Execution And Verification Of Pleadings .......................................................................   63

14.04 General Notice Requirements .......................................................................................   63

14.05 Probate Orders And Decrees; Ex Parte Applications; Nunc Pro Tunc Correction Of    Clerical Error .........................................................................................................................   64

14.06 Appearance Of Counsel In Uncontested Matters ..........................................................   66

14.07 Required Matters In A Petition For Final Distribution ....................................................   66

14.08 Required Form Of Accounts In All Probate Proceedings ..............................................    68

14.09 Petition To Establish The Fact Of Death .......................................................................    68

14.10 Attorneys Fees ............................................................................................................    68

14.11 Non-Statutory (Extraordinary) Fees And Commissions ................................................    69

14.12 Guardianship Appointments .........................................................................................    69

14.13 Probate Conservatorship Appointments .......................................................................    70

14.14 Blocked Accounts In Guardianships And Conservator...........ships ..............................    70

14.15 Accounts of Guardians and Conservators ....................................................................    72

14.16 Change Of Conservatee’s Address .............................................................................    72

14.17 Procedures Upon The Death Of The Ward Or Conservatee ........................................    72

 

CHAPTER 15: JUVENILE DEPENDENCY RULES ..........................................................   73

15.01 General Applicability Of The Siskiyou County Local Rules Of Court To Juvenile    Dependency Proceedings ......................................................................................................   73

15.02 Calendar Matters ........................................................................................................   73

15.03 Attorneys Representing Parties In Dependency Proceedings ........................................   73

15.04 Court-Appointed Special Advocate Program ..............................................................   76

15.05 Confidentiality ............................................................................................................   78

 

CHAPTER 16: JUVENILE DELINQUENCY RULES .......................................................   78

 

16.01 General Applicability Of The Modoc County Local Rules Of Court To Juvenile     Delinquency Proceedings .....................................................................................................   78

16.02 Calendar Matters ......................................................................................................   78

 

===================================================================

 

APPENDICES:

APPENDIX 1A:  Adoption Information Request and Order

APPENDIX 1B:  Adoption Information Request Supporting Declaration

 

 

LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT

 

CHAPTER 1: GENERAL RULES

 

1.01  Citation of Rules:

      These Rules are to be cited as the “Local Rules of the Modoc County     Superior Court”.

 

1.02  Effective Date of Rules:

 

      These Local Rules of Court for Modoc County Superior Court County are   originally adopted January 1, 2011.

 

1.03        Effect of Rules; Judicial Council Preemptions:

 

A.     Effect of These Amendments on Prior Local Rules:

   On their respective effective dates these Rules, as amended, will       supersede all Local Rules previously adopted.

 

      B.  Judicial Council Preemptions:

      With certain specified exceptions, the Judicial Council has preempted all     Local Rules relating to pleadings, demurrers, ex parte applications,    motions, discovery, provisional remedies, and form and format of papers. Rule 3.20 of the California Rules of Court.  The Judicial Council preemption does not apply to trial and post-trial proceedings (including but not limited to motions in limine).  The preemption also does not apply    to proceedings under Code of Civil Procedure Sections 527.6, 527.7, and    527.8; to proceedings under the Family Code, the Probate Code, the Welfare and Institutions Code, the Penal Code and other criminal provisions, or to      eminent domain proceedings.

 

1.04        Construction and Application of Rules; Publisher of Rules:

 

      These Rules will be construed and applied in such a manner so as to avoid     conflict with the laws of the State of California or the California Rules of Court, and will be liberally construed in order to facilitate and promote the business of, and the administration of justice by, the Modoc   Superior Court.  These Rules do not apply to actions or proceedings in the       Small Claims Division unless the text of a specific rule otherwise   indicates.  These Rules apply to any person appearing before the Court on     his or her own behalf, without a lawyer, as well as to attorneys.

      The Executive Officer of the Superior Court is the official publisher of      these Rules.  Copies will be maintained for public inspection in the    offices of the Clerk of the Court and will be posted on the Court’s   website at www.modocsuperiorcourt.ca.gov.

 

1.05        Definitions of Words Used in these Rules:

 

      The definitions set forth in Rule 1.6 of the California Rules of Court apply to these Rules with equal force and for all purposes, unless the     context or subject matter otherwise requires.  The word "person" includes       and applies to corporations, firms, associations, and all other entities,     as well as to natural persons.  The word "affidavit" includes and applies    to a declaration, and the word "declaration" includes and applies to an     affidavit.  The use of the masculine, feminine, or neuter gender includes       the others.  The word "Court" means the Superior Court of the State of California in and for the County of Modoc, and it includes any judge or   temporary judge appointed or elected to the Court, and any judge duly assigned thereto.  The word "judgment" includes and applies to any    judgment, order, or decree from which an appeal lies.  The terms "in       propria persona", "in pro per", “unrepresented party”, or “self-  represented party” all mean a person appearing without a lawyer.

      The word “civil” means all matters of a general civil nature and all    matters that are special proceedings under the California Code of Civil Procedure.  The word “probate” means all matters brought under the       California Probate Code regardless of whether or not a decedent’s estate       is the subject of the action, and the phrase “family law” applies to all    matters brought under the California Family Code.

 

1.06        Amendment or Addition to, or Repeal of, Local Rules of Court:

 

      These Rules may be amended or repealed, and new Rules may be added, by a      vote of the judges of the Modoc County Superior Court.

 

 

CHAPTER 2: ADMINISTRATIVE MATTERS

 

2.01  Judges Pro Tem:

     

      Temporary Judges (“Judge Pro Tem”).

Temporary judges will be appointed for the Court in accordance with Rule 2.810, et. seq. of the California Rules of Court, and will serve as assigned by, and     under the control and supervision of, the presiding judge of the Court.

 

2.02 Official Court Reporters:

 

      A.  Reported Proceedings.

      The following proceedings normally are not reported by an official court      reporter: the civil law and motion calendar; the probate calendar; civil,   probate, and family law trials; family law contested hearings; hearings       carried over from the regular calendar in family law; small claims trials

      de novo; and hearings of any civil, probate, traffic, small claims or

      family law nature.  The Court, in its discretion, may order that any of       the aforesaid matters be reported.  All other proceedings will be reported by an official court reporter.

 

      B.  Request for Presence of Official Court Reporter; Deposit.

      Any party who requests the presence of an official court reporter for a       trial or other proceeding not normally reported (as set forth above) must make that request, by written notice to the Clerk of the Court, not less    than ten (10) days prior to commencement of the proceeding, or at such      other time as the Court may require.  At the same time the requesting      party, in order to reserve an official court reporter, must deliver $200      to the clerk as a deposit on the fee for the first full day of the court       reporter’s services (Govt. C §68086(a); CRC Rule 2.956.), regardless of       the time estimated for the hearing.  In the alternative, a party     requesting a court reporter may be directed by the Clerk of the Court to make his or her own arrangements for the attendance of a court reporter at the proceeding at his or her expense.

 

      C.  Effect Of Settlement On Deposit For Official Court Reporter.

      If the proceeding for which an official court reporter has been requested     is settled or continued, or for any other reason does not go forward as    calendared, it is the duty of the party who requested the reporter to so    notify both the Court and the office of the official court reporter not     later than 24 hours prior to the scheduled proceeding.  Failure to provide      such notice will result in forfeiture of the deposit for the requested   court reporter, and the deposit will be applied to payment for the court       reporter's services.  The court reporter will be entitled to receive his      or her per diem rate and mileage, if any.

 

2.03  Case Disposition Time Standards:

 

      Policy Re Time Standards For Disposition Of Cases.

      It is the policy of the Court to manage all cases from filing

      (in civil matters) and first appearance (in criminal matters) through   final disposition.  This policy is to be construed in a fashion that is       consistent with existing law.  This policy is established to maximize       efficient use of court resources, to improve the administration of justice by encouraging prompt disposition of all matters coming before

      the Court, and to resolve cases within the time standards established in      the California Rules of Court, Standards of Judicial Administration   (hereinafter, "the Standards").

 

2.04  Smoking During Court Proceedings:

 

      Smoking in public buildings in Modoc County is prohibited.  Smoking near      public buildings is permitted in designated areas only.  The designated areas are clearly marked.  Smoking is permitted outside of public    buildings at only distances greater than twenty feet from any entrance.       No smoking will be permitted, at any time, in jury deliberation rooms.  In jury cases, the jury foreperson is required, upon the request of any    juror, to allocate smoking breaks, not to exceed ten minutes during each    hour of deliberation, at which times jurors may adjourn to outside of the      courthouse for the purpose of taking a smoking break.  During such   periods, deliberations must be suspended and jurors must not in any   way discuss the case at hand.  The foreperson must make arrangements with     the bailiff for smoking breaks, and the bailiff will remain in attendance   during such periods.  The judge presiding over each trial will advise the   jurors of this Rule, and will admonish jurors concerning discussions of    the case by them during smoking breaks.  Counsel may stipulate that an       initial admonishment will be sufficient, without repetition at each break.

 

2.05  Courtroom Decorum:

 

      Persons appearing in the Courtroom must wear appropriate attire.  Shoes       and shirts are required.  Garments displaying inappropriate language,       signs or symbols are prohibited.  Hats may not be worn in the courtroom.  There shall be no eating or gum chewing in the courtroom.  There shall be   no drinking in the courtroom except by attorneys, parties, court staff and      jurors during extended proceedings as may be permitted by the Court.

 

 

 

2.06  Court Executive Officer; Executive Officer’s Assumption Of Responsibilities Of The Clerk Of The Superior Court:

     

      A.  Court Executive Officer.

      The Court is committed to the implementation of trial court coordination      as required by Government Code §68112, and to that end has hired a court   Executive Officer, pursuant to Government Code §68114.6, whose     responsibilities shall include all those duties set forth in Rules 10.900    and 10.901 of the California Rules of Court and in Code of Civil Procedure

      §195.

 

      B.  Assumption Of The Duties Of The Clerk.

      The powers, duties and responsibilities of the Clerk of the Court that are    specified in Government Code §§ 69841, 69842, 69843, 69844, 69844.5, 69844.7, 69845, 69846, 69846.5, and 69848, and by any other statutory     authority, will be exercised or performed by or at the direction of the    court Executive Officer.

 

2.07  Code Of Ethics For Court Employees:

 

      The Court adopts the Code of Ethics for Court Employees issued by the   California Judicial Council on May 17, 1994, and as thereafter amended or    modified, and directs that all Court employees be bound by this Code.

 

2.08  Jury Selection Boundaries:

 

      Except as otherwise provided by Code of Civil Procedure §§190, et seq.,       jury selection boundaries for the Superior Court of Modoc County will be     the entirety of Modoc County, California.

 

2.09 Excuses From Jury Service:

 

      A.  General Policy Re Excuses From Service.

      (1) No class or category of persons will be automatically excluded from       jury service, except as may be provided by law.

      (2) A statutory exemption from jury service will be granted only when the     eligible person claims it.

      (3) Inconvenience to a prospective juror or an employer is not an adequate    reason to be excused from jury service, although it may be considered as a ground for deferral.

      (4) Deferring jury service is preferred to excusing a prospective juror       for a temporary or marginal hardship.  Vacations or extended trips are examples of circumstances that warrant deferral rather than excuse from   jury service.

      (5) A juror who has served on a grand jury or trial jury anytime during       the twelve months immediately preceding his or her call to jury service,    or any longer period that the Court deems appropriate, will be excused     from service at his or her request.

 

      B.  Form Of Request To Be Excused From Jury Service.

      A request to be excused from jury service for hardship must be from the       prospective juror and must be in writing.  The request must be supported      by the juror’s statement of facts, specifying the hardship and explaining      why the circumstances constituting the hardship cannot be avoided by deferral of service.  The Court will maintain a record of all such    requests that have been granted, and of all deferrals of jury service.

 

      C.  Grounds For Excuse.

      Excuse on the grounds of undue hardship may be granted for any of the   following reasons:

      (1) The juror has no reasonably available means of public or private    transportation to court.

      (2) The juror must travel an excessive distance. (Excessive distance is       defined as travel time that exceeds two (2) hours from the juror's home to      the location of the Court.)

      (3) The juror will bear an extreme financial burden.  The following will      be considered in determining whether or not to excuse the juror for extreme financial burden:

      (a) Sources of the juror's household income;

      (b) Availability/extent of income reimbursement;

      (c) Expected length of service; and

      (d) Whether or not jury service can reasonably be expected to compromise      the juror’s ability to support either the juror or his or her dependents,   or so disrupt the economic stability of any individual as to be against       the interests of justice.

      (4) The juror will bear a risk of injury to or destruction of juror's   property, or property entrusted to juror, where it is not feasible to make     alternative arrangements to alleviate the risk.  The following will be      considered in determining whether or not to excuse the juror because of   risk to property:

      (a) The nature of the property;

      (b) The source and duration of the risk;

      (c) The probability that the risk will be realized;

      (d) The reason why alternative arrangements to protect the property cannot    be made; and

      (e) Whether material injury to or destruction of the property will so   disrupt the economic stability of any individual as to be against the   interests of justice.

      (5) The juror has a physical or mental disability or impairment, not    affecting his or her competence to act as a juror, which would expose the       juror to undue risk of mental or physical harm.  Unless the prospective      juror is aged 70 years or older, he or she may be required to furnish      verification of the disability or impairment, its probable duration, and

      the particular reasons for the inability to serve.

      (6) The juror's services are immediately needed for the protection of the     public health and safety, and it is not feasible to make alternative     arrangements to relieve the juror of these responsibilities during the      period of service as a juror, without substantially reducing essential          public services.

      (7) The juror has a personal obligation to provide actual and necessary       care for another, including a sick, aged, or infirm dependent, or a child who requires the juror's personal care and attention, and comparable     substitute care is neither available nor practical without imposing an       undue economic hardship on the juror or person cared for.  When the

      request to be excused is based on care provided to a sick or disabled   person, the juror will be required to furnish verification that the person    being cared for is in need of regular and personal care.

 

2.10  Interpreters:

 

      The Court maintains a list of interpreters and translators.  The Court does not provide interpreters in general civil cases, (which include, but are not limited to, special proceedings, all matters brought under the      California Family Code, and all matters brought under the California Probate Code).  A party appearing in a general civil proceeding has an      obligation to provide his or her own interpreter.  When the Court

      approves a fee waiver request by an indigent litigant for court-appointed       interpreter’s fees for witnesses [Rules 3.50-3.63 of the California Rules     of Court], and in all criminal and juvenile matters for which an     interpreter will be necessary, counsel (or the party if unrepresented by counsel) must notify the Clerk of the Court at least forty-eight (48)     hours prior to the time set for the proceeding at which an interpreter    will be required.

 

2.11  Form Of Papers Presented For Filing And Clerk’s Authority Re Such Papers:

 

A.        Definition.

      The word “papers” as used in this Rule includes all documents, except   exhibits or copies of documents, which are offered for filing in any case     in the Superior Court.

 

      B.  Form Of Papers.

      All papers filed with the Court must be in conformity with each and every       requirement of Rules 2.100-2.119 of the California Rules of Court.      Counsel and unrepresented parties are urged to review those requirements      on a regular basis.

 

      C.  Clerk’s Authority.

      The Clerk of the Court will not accept for filing, or file, any papers that do not comply with the requirements of CRC Rules 2.100-2.119, unless     the Court has ordered otherwise for good cause shown. 

 

2.12 Facsimile (FAX) Filing In Civil, Probate And Family Law.

 

      A.  Filing Is Permissive Only.

      The filing of documents by facsimile (“FAX”) transmission is discretionary    with the Court, and the privilege is limited as follows:

      (1) Filing by facsimile transmission is permitted for all documents in civil, probate and family law matters, by counsel and by unrepresented     parties.  Any document for which a filing fee is required upon filing may be FAX filed only in the manner provided for by Local Rules 2.15.B(2).

      (2) The Court may suspend the FAX filing privileges of any party or     attorney who fails to comply with the requirements of this Rule.

      (3) The Court may disregard any document filed by facsimile transmission      that is not in compliance with this Rule.

      (4) Because filing by facsimile transmission is permissive only, the cost     of filing papers with the Court pursuant to this Rule is not recoverable    under Code of Civil Procedure §1033.5.

      (5) The Court reserves the right to terminate any one or more of the    methods allowed for FAX filing without giving prior notice.

 

      B.  FAX Filing Procedures.

      Subject to Rules 2.300-2.306 of the California Rules of Court, a party may    FAX file papers with the Court using any of the following procedures:

      (1) By Automated FAX Filing System.

      (a) Documents will be accepted for FAX filing by the Clerk of the Court       via the Court’s FAX number.

      (b) The first sheet transmitted by automated FAX filing must be the     Judicial Council Facsimile Transmission Cover Sheet (Form JC-2009)   followed immediately by the document to be filed.

      (c) The document to be filed must include the words “BY FAX” immediately      below its title.

      (d) The complete and proper transmission of a document by facsimile     machine is the responsibility of the filing attorney or party, not of the Court.

      (e) Confirmation that the document has been filed may be obtained by the      sender upon request to the Clerk of the Court, after review and approval       of the form of the document by the Clerk.

      (f) The Court’s direct FAX filing number is (530) 233-6500.  The Court’s      FAX machine will be in operation 24 hours a day, barring unforeseen   circumstances; however, any FAX received after 5:00 P.M. or on a court      holiday will be deemed to have been filed on the next court day.

      (g) In ex parte matters, an additional cover sheet must be prepared and       submitted by counsel or unrepresented party, which states, in a manner      designed to be readily observed by the clerk and the Court: “THIS IS AN EX   PARTE APPLICATION.  THE MATTER IS CALENDARED FOR HEARING AT [DATE and       TIME]”.

      (h) Parties and counsel rely on direct FAX filing at their own risk.  The     Court will consider applications for relief from failure to file required     papers only when such failure can be shown to be attributable to the malfunction of the Court's FAX machine, not to a malfunction of the

      transmitting machine.  The Clerk will not review FAX filed documents to

      determine whether the documents have been transmitted legibly or completely.  Every paper received by FAX pursuant to this part must be   accompanied by an informational cover sheet that identifies the     transmitting party, his or her telephone number and address, the date of       the transmission, the case name, and the case number.  In addition, every       case caption sheet that is so transmitted must indicate: "FILED BY FAX” in    the upper right-hand corner.  These papers will be filed in by the Clerk    just as papers are filed generally.  Upon receipt of papers filed by     direct FAX, the cover sheet will be considered as presumptive proof that      the subject paper was filed on the date indicated thereon, unless the     transmission was commenced after 5:00 p.m., in which case the filing

      will be presumed to have been accomplished on the next court day, and so      filed in by the Clerk.  The time that the transmission was commenced will be determined by the “time received” message that is printed at the top of       the document by the Court’s FAX machine.

      (2) By Direct Filing with the Court.

      Direct Filing with the Court is mandatory when a filing fee is required       for the filing of any document, unless the filing party has made prior    arrangements with the Court Clerk for payment of the filing fee, or   has FAXED a copy of a check in the correct amount of the filing fee plus FAX fee in the manner set forth in subsection (a), below, made payable to the Court.  The filing fee for direct FAX filing is $1.00 per page for each page transmitted, including the informational cover page, and must be paid by check, money order or cashier's check to the Clerk of the Court    within five court days from the date of transmission or by the date of      hearing, whichever first occurs.  The payment of this fee is the joint      obligation of the filing party and his or her attorney of record, if any.        Failure to pay these fees will be deemed a failure to pay fees pursuant to    Code of Civil Procedure §411.20, and may result in the Court’s      nullification of a prior filing, in the Court’s disregard of a document so       filed, and/or in the suspension of proceedings, including a calendared       matter.

 

 

 

      (3) By Filing Through FAX Filing Agent. 

      Filing through an agent pursuant to Rule 2.303 of the California Rules of     Court is permitted, as long as there is full compliance with CRC Rules     2.300-2.306, and if the document is on plain paper, not thermal paper.

 

      C.  FAX Filing For Ex Parte Applications And Requests For Telephonic              Appearance.

      All ex parte applications in civil, probate and family law matters are subject to this Rule.  However, this Rule does not apply to FAX requests    for leave to participate by telephonic appearance at status or case   management conferences (Local Rule 4.03) or at a law &

      motion hearing (Local Rule 3.06.D).

 

2.13  Payment Or Waiver Of Filing Fees:

 

      A.  Waiver By Clerk of the Court.

      The Clerk is authorized to grant applications for fee waivers that meet       the standards of eligibility established by Government Code §68511.3,       subdivisions (a)(6)(A) or (B).  Pursuant to CRC Rules 3.50-3.63, both the      Clerk and the County Sheriff are hereby designated to make the financial   inquiries and verifications contemplated by said statutes.  A separate      application for fee waiver must accompany each filing of a new case.

 

      B.  Effect Of Fee Waiver On Award Of Costs.

      In all cases in which a prevailing party has been granted a waiver of fees    and is awarded costs, the Court will order that the party bearing costs pay, directly to the Court, the aggregate of any fees that were waived.

 

      C.  Fee Waiver for Witness Interpreter.

      There will be no waiver of fees for payment of a court-appointed interpreter for witnesses in civil, family law, or probate cases, unless    the Court has approved the requesting party’s application. (CRC Rules      3.50-3.63)

 

2.14  Motions To Be Relieved As Attorney Of Record:

 

      An attorney who wishes to be relieved as attorney of record must comply       with Rule 3.1362 of the California Rules of Court.

 

2.15  Substitution Of Attorneys Or Of Party In Pro Per:

 

      A substitution of attorneys or substitution of a party in pro per is not      complete or effective unless the address and telephone number of the new   attorney or new unrepresented party, and the state bar number of the new    attorney, are included on the substitution form.

 

2.16  Procedure Upon Filing Of A Peremptory Challenge Or Challenge Pursuant To

      CCP §170.1, 170.3, 170.6; Assignment For All Purposes:

 

Upon the filing of any challenge to a judge sitting in the Superior Court     pursuant to Code of Civil Procedure §§170.1, 170.3 or 170.6, the Clerk     will deliver the challenge, together with the Court’s file for that   action, to the office of the presiding judge of the Court.  A perfected     challenge will be noted by a notice on the outside of the Court’s file. 

 

All civil cases shall be assigned to a particular bench officer for all purposes at the time of the initial filing by stamping notice of assignment on the initiating case document and upon any conformed copies of same for service upon opposing counsel or opposing party(s) by the filing party.

 

CHAPTER 3: GENERAL CIVIL RULES AND LAW & MOTION RULES

 

3.01        Scope Of Civil And Law & Motion Rules:

 

      Subject to the limitations imposed by Rule 3.20 of the California Rules       of Court, this Section Three of the Local Rules is intended as a guide to   the conduct of all civil pretrial matters, and is controlling for law and      motion matters pursuant to the following: Code of Civil Procedure §§527.6,     527.7, and 527.8; the Family Code, the Probate Code, and the Welfare and   Institutions Code.  Trial and post-trial proceedings, including but not       limited to motions in limine, are governed by Section Four of these Rules.

 

3.02  Motions And Other Applications In General:

 

      A.  Format Of Papers.

      All papers filed in support of or in opposition to a motion or other    application for an order must comply with Rules 3.110-3.115, and Rules      2.100-2.119, of the California Rules of Court.  Failure to comply with         those Rules may, in the Court's discretion, constitute a sufficient basis       for the Court to deny relief or to otherwise disregard the papers filed.       This paragraph is not intended to diminish the Court's authority to       exercise its discretion in any other appropriate manner.

 

      B.  Time For Filing; Calendar Changes; Proofs Of Service.

      Unless otherwise ordered or specifically provided by law, all moving and       supporting papers, all papers opposing a motion, and all reply papers must    be filed and served as required by Code of Civil Procedure §1005(b). [CRC Rule 3.1300.]  In order to determine if timely notice has been       accomplished pursuant to CCP §1005(b), the Court will first count the    number of calendar days authorized for the form of service that has been utilized by the moving party, and then count the required sixteen court       days to the date of hearing.  In counting both segments of time, the Court      will exclude the first day (e.g., the actual date of personal service or     of mailing), and will include the last day (the date of the hearing or      other proceeding).  When a court holiday has been declared for what       otherwise would be a regular law & motion day, law & motion matters must be set for hearing on the next regularly scheduled law & motion calendar,     not on the next court day.  Proof of service of the moving papers must be      filed no later than five (5) calendar days before the time set for the    hearing on the motion. [CRC Rule 3.1300.]  Failure to timely serve and     file a moving or responding paper, or to timely file a proof of service,      may, in the Court's discretion, constitute a sufficient basis for denial of the motion or application, or to disregard the paper.  This paragraph      is not intended to diminish the Court's authority to exercise its    discretion in any other appropriate manner, including but not limited to      granting of a continuance or the imposition of sanctions.

 

      C.  Exhibits.

      The form and format of exhibits to a motion or application, including   photographs used as exhibits, are governed by Rules 3.1110 and 3.1113 of      the California Rules of Court.

 

 

     

      D.  Requests For Judicial Notice.

      Every request to take judicial notice must comply with Rule 3.1306 of the       California Rules of Court.

 

      E.  Memoranda Of Points And Authorities.

      Every memorandum of points and authorities submitted in support of or   opposition to a motion or application must be in accordance with Rule       3.1113 of the California Rules of Court.  The Court may, in its       discretion, disregard any paper that does not comply with this Rule.  If    any authority other than a California case, statute, constitutional       provision, or state or local rule is cited, a copy must be attached to the    paper in which the authority is cited, and tabbed as an exhibit in the     required manner. [CRC Rule 3.1113.]  Counsel may also attach copies of     California authorities if doing so will assist the Court and opposing       counsel.

 

      F.  Failure To Serve And File Opposition.

      Failure to serve and file papers in opposition to a motion or any other       application for a Court order (other than opposition to an ex parte     application) may be deemed, in the Court’s discretion, to be 1) a waiver       of objections and 2) an admission that the motion or other application is     meritorious.

 

      G.  Matters Submitted Without Appearance.

      In general, submission of matters without appearance by counsel or      unrepresented party is encouraged, and will not be prejudicial to any     party.  Prior notice of non-appearance is required. [CRC Rule 3.1304.]      The required notice must be given by means reasonably calculated to      ensure receipt by the Clerk of the Court and opposing parties no later    than two (2) days prior to the hearing date.  If an out-of-county       judge has been assigned to the case, counsel must give notice of non- appearance at the earliest possible date, in no case later than two (2)    court days before the hearing.

 

      H.  Supporting Declarations.

      All declarations submitted in support of or in opposition to a motion, or     any other application to the Court, must comply with the requirements of    CRC Rule 3.1115 and Code of Civil Procedure §2015.5.  Failure to so comply may result in the Court’s disregard of the declaration.  Unless a statute      authorizes a declaration on information and belief, the declaration must

      set forth statements of evidentiary facts to which the declarant could testify if called as a witness, and must include a declaration under   penalty of perjury by the declarant to that fact.  If a statute authorizes      a statement on information and belief, and such statement is made by the   declarant, the facts upon which the declarant’s information and belief are    based must be included.

 

      I.  Reply Briefs.

      Except with regard to motions for summary judgment, the Court discourages       submission of reply briefs.

 

      J.  Tentative Rulings.

      The Court may establish, in the future and without amendment of these   Rules, a procedure for publishing or otherwise announcing tentative rulings.

 

 

3.03 Ex Parte Motions And Applications:

 

      A.  Applicability; Calendaring And Submission Of Documents.

      Rules 3.1200-3.1207 of the California Rules of Court govern ex parte    matters in general civil law & motion proceedings, and ex parte matters in   family law discovery and probate discovery proceedings. [CRC Rule 3.1100.]  Unless otherwise specified, the provisions of this Local Rule       3.03 apply to all other ex parte matters.  Note: For those matters which     are governed by CRC Rules 3.1200-3.1207, the ex parte applicant must       comply with the requirements of Part 3.03.C, below, concerning calendaring    the ex parte matter with, and submission of papers to, the Superior Court.

 

      B.  Notice Requirements For Ex Parte Applications Not Governed By CRC   Rules 3.1200-3.1207 Of The California Rules Of Court.

      Failure to comply with this Rule may result in the motion or application      being denied (without prejudice to its renewal), in delay of the Court's      review of the application, and/or in the imposition of sanctions pursuant       to Code of Civil Procedure §177.5.

      (1) Except as to an adverse party in default, an application for an order     must not be made by ex parte hearing unless it appears, by affidavit or    declaration:

      (a) that within a reasonable time (see part 3.03.B(2), below) before the       application is heard, the moving party informed all opposing counsel or       unrepresented parties as to when and where the application would be made,     and the exact nature of the relief sought thereby; or,

      (b) that the moving party in good faith attempted to inform opposing    counsel or unrepresented parties of the time, place, and content of the ex   parte application, but was unable to do so (specifying such attempts); or,

      (c) that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented       parties of the pending ex parte application.

      (2) “Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented     parties, either in person, by telephone, or by FAX, no later than 10:00 AM       on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances.  This requirement does not    preclude giving greater notice by letter or other means.

      (3) For ex parte applications made pursuant to any provision of the Family    Code, or for petitions for temporary guardianship pursuant to Probate Code       §2250, or for petitions pursuant to Code of Civil Procedure §§527.6,      527.7, or 527.8, a "Declaration re Notice" must be completed by counsel or      unrepresented party, and submitted along with the ex parte application.

      (4) Parties appearing at the ex parte hearing must serve copies of the ex     parte application or any written opposition thereto on all other parties      who have appeared, at the first reasonable opportunity, which for moving    papers will be presumed to be no later than 12:00 P.M. (noon) on the court       day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing.    Service may be accomplished by facsimile transmission.

      (5) Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this       Rule, must be presented to the Court, whenever possible, no later than   four (4) business hours prior to the application, and in any case by no   later than the time of the appearance on the application.

 

 

   C.  Submission And Calendaring Of Ex Parte Applications And Review By The               Court:

      This subpart applies to all ex parte applications, including those      governed by CRC Rules 31200-3.1207.

      (1) Submission And Calendaring.

      (a) Uncontested ex parte applications, or ex parte applications supported     by a showing of good cause for lack of prior notice, may be submitted to     the Clerk of the Court at any time, for presentation to the Court.  The      Court will attempt to review all such matters expeditiously.

      (b) For ex parte matters that are contested or that otherwise require   appearances, hearings will be conducted as availability permits in the   chambers of the Court as the Court deems appropriate.  Such matters must     be scheduled for hearing by the Clerk of the Court as early as possible    before the requested hearing but not later than 12:00 AM (noon) of the      preceding court day unless good cause is shown.  The applicant is       responsible for contacting the Clerk of the Court to schedule the hearing,    and for giving notice thereof.

      (c) Copies of the application or moving papers must be submitted to the       Court by no later than four (4) business hours prior to the scheduled time       of the hearing, and copies of any responding papers should be submitted   prior to the hearing if possible.

      (d) The Court may conduct informal ex parte hearings for unrepresented parties, as it deems appropriate.

      (2)  Ex Parte Communication With The Court.

      The Court will not consider any ex parte communications from counsel or       unrepresented parties unless made in the manner prescribed by these Rules,    by the California Rules of Court, or by the laws of this State.  

      Applications to the Court for ex parte relief must never be made by     letter.  Counsel are hereby reminded of Rule 5-300(b) of the Rules of      Professional Conduct of the State Bar of California, concerning ex parte    communications with the Court.

      (3)  Undertakings.

The Court may require an undertaking or bond for the issuance of a temporary restraining order in civil cases (with the exception of family law or CCP §527.6 civil harassment matters).

 

      D.  Change Of Status Quo.

      The applicant for an ex parte order has an absolute duty to disclose to       the Court that a requested order will result in a change of the status      quo.

 

      E.  Ex Parte Request For Order Shortening Time.

      (1) A request for an order shortening time for service [CCP §1005] or for     hearing will not be granted unless supported by a declaration       demonstrating good cause why the matter cannot be heard on regular notice.

      (2) If an order shortening time is requested, the supporting declaration      must state whether or not the responding party is represented by counsel,    the name and address of the responding party's attorney, and whether or    not that attorney has been contacted and has agreed to the date and time       proposed for the hearing.

      (3) If the responding party's attorney has not been contacted or has not      agreed to the proposed setting, the supporting declaration must clearly     demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on   shortened notice.

      (4) Provisions for the immediate delivery of the moving papers to opposing    counsel's office, or to an unrepresented party, must be set forth in the    proposed order.

      (5) In cases where an order shortening time has been granted, the moving      papers must be promptly served on the office of opposing counsel or on any     unrepresented opposing party, and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court.

 

      F.  Ex Parte Writs Of Attachment Or Possession.

      (1) When application is made for an ex parte writ of attachment, any    affidavit or declaration submitted therewith must also comply with Code of     Civil Procedure §482.040 as modified by Code of Civil Procedure       §§485.210(d) and 488.510(b).  Failure to comply with this Rule ordinarily     will result in denial of the application, in which event the applicant   must proceed by noticed hearing procedures.  Where the applicant relies       wholly or in part on a verified complaint, the application must be      accompanied by a separate statement setting forth the evidentiary facts    upon which the applicant relies.

      (2) When application is made for an ex parte writ of attachment, the    applicant must also submit a memorandum setting forth the reason why the   application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030.  Any evidentiary facts relied on   in the memorandum must be presented in the supporting declarations.

      (3) Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030.  Additionally, the applicant must       set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010.

 

      G.  Re-Application After Denial Of Ex Parte Application.

      When an ex parte motion has been made, and has been refused in whole or in    part, or has been granted conditionally or on terms, and a subsequent      application is made for the same or a similar order, to the same or a       different judge, whether upon an alleged different state of facts or   otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge    it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.

 

      H.  Ex Parte Applications Re Stipulated Judgments.

      Unless a stipulation that authorizes the rendering and entry of judgment,     or that authorizes the termination of a stay of execution upon failure to       perform specified conditions, also includes an express waiver of notice,      an application to render or for entry of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be made on noticed motion. [Rooney v. Vermont Investment Corp. (1973) 10 Cal.3d 351.]        Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the     specifics of the alleged failure to perform; and the substance of the      order requested.

 

      I.  Ex Parte Applications In Matters Governed By The Probate Code.

      (1) In General.

      In all probate matters, formal notice must be given if it is not entirely     clear that an ex parte order is proper or if issues are presented in which    the relevant facts might be in doubt, and where it thus appears that other     parties should have an opportunity to be heard.  Because no testimony will   be taken in connection with ex parte petitions, the application must     include facts that justify granting the prayer.  The petition must be verified.  Conclusions or statements of ultimate fact are not sufficient.        A foundation that establishes a declarant’s personal knowledge must be set    forth in any supporting declaration or affidavit.  If the petition is      opposed, counsel may argue the merits at the time of the hearing.

      (2) Effect Of Failure To Give Notice. 

      Ex parte orders issued without prior notice will be set aside ex parte upon a showing of sufficient justification, if such is presented by a      person who claims an interest in the estate. [In re Sullenberger, 72 Cal. 549.]

      (3) Time For Giving Notice.  

      If a probate application is presented ex parte, and the need for an     opportunity to be heard is apparent, the Court will calendar the matter    for a hearing as soon as practicable, and will require the applicant, by       no later than 10:00 AM of the court day just prior to the hearing date, to give notice of the nature of the application to counsel for any other     known interested persons, or to unrepresented known interested persons       themselves, together with notice of the proposed time and place of the hearing.  At least four (4) business hours before the hearing is   conducted, the applicant must submit a declaration to the Court setting    forth the facts relating to the efforts to give such notice, if any, or      facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate     and the persons interested in it.

 

3.04 Rules Affecting Pleadings, Motions And Papers:

 

      A.  Governing Rules.

      The form, filing, and service of pleadings, motions, and other papers in      civil law and motion, and discovery proceedings in family law and probate, are governed by Rules 2.100 et seq. and 3.110 of the California Rules of    Court.

 

      B.  Amending The Pleadings.

      Amendment of pleadings, and motions for such amendment, must be in      compliance with Rule 3.1324 of the California Rules of Court and Code of    Civil Procedure §473. In addition:

      (1) An amendment to designate an incorrectly named party by the correct       name does not require a noticed motion, and may be obtained by ex parte     application and order, unless the Court determines that substantial rights   of said party are adversely affected.

      (2) An amended pleading is preferred over an amendment to a pleading,   except when the amendment is for the sole purpose of correcting the name    of a party (see paragraph 3.04.A(1), above).

      (3) Except as otherwise provided in these Rules for cases subject to Delay       Reduction, whenever a pleading is amended after the filing of an at-issue       memorandum, the Court will have discretion to strike the at-issue       memorandum and vacate any trial date set thereon, unless the parties       stipulate that earlier responsive pleadings are deemed sufficiently   responsive to the amended pleading.

 

      C.  New Party Named As Cross-Defendant.

      Cross-complainants who name persons not already parties to the action as      cross-defendants must comply with Rules 2.100-2.119 and 3.222 of the    California Rules of Court.

 

      D.  Discovery Motions.

      The form, format, and service of discovery motions are governed by Rules      3.1000 et seq. of the California Rules of Court, and by Code of Civil       Procedure, Part 4, Title 3, Article 3 (beginning with CCP §2017).

 

      E.  Procedure After Demurrer Is Sustained With Leave To Amend.

      If, after a demurrer to a complaint or cross-complaint is sustained with      leave to amend, an amended pleading is not filed within the time specified       by the Court, the Court may dismiss the action or cross action on its own     motion.  If the Court does not dismiss the action on its own motion after      expiration of the specified time, any party to the cause may apply ex     parte for a dismissal order.  Such application may be submitted to the      Court without appearance by the moving party or notice to the other     parties. (No filing fee will be required unless a hearing on the     application is conducted.)

 

3.05        Motions For Summary Judgment Or Summary Adjudication:

 

      All motions for summary judgment must comply with Rule 3.1350 of the    California Rules of Court and with Code of Civil Procedure §437c.  Motions   not adhering to those provisions may be continued to a future date certain by which time compliance is expected and which is convenient to the Court,     or may be denied without prejudice.  Motions for summary adjudication made     pursuant to CCP §437c(f) that seek adjudication of issues beyond those      noted in that subsection may be disregarded entirely.

 

3.06 Continuances And Conduct Of Hearings On Motions And Other Applications For

      Orders:

 

      A.  Continuances Of Hearings On The Law & Motion Calendar.

      (1) The Court generally will grant a continuance of a hearing on the law &    motion calendar if all counsel and parties in propria persona are in     agreement that such hearing be continued, and are in agreement as to the    date and time to which the matter will be continued.

      (2) To obtain such a continuance, the attorney or unrepresented party   reporting the agreement must notify the Clerk of the Court in person or by      telephone, not later than 5:00 P.M., at least two (2) court days before   the scheduled hearing. (For example, if the hearing is on a Monday then   the telephonic notice must be given no later than 5:00 P.M. on the   preceding Thursday.)  The notifying party must also file, prior to

      the date and time of the hearing, a written notice confirming the       agreement.  Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued.

      (3) Upon receiving the telephonic notice, the Clerk of the Court will   notify the appropriate judge of the agreement to continue.  If for any       reason the judge will not grant the continuance, the Clerk of the Court   will immediately convey that information to the reporting attorney or     party.  In the absence of such response, counsel and parties can assume that the continuance is approved.

      (4) Violations of this Rule may result in the imposition of sanctions   pursuant to Rule 2.30 of the California Rules of Court, Code of Civil   Procedure §177.5, or any other appropriate authority.

 

      B.  Extended Hearing Rule.

      "Extended hearing" means a hearing that requires more than fifteen (15)       minutes, total, to present and argue, unless otherwise defined by these    Rules.  If the attorney for any party determines that a matter set on the   law & motion calendar is likely to require more than a total of 15       minutes, counsel must notify the Clerk of the Court and opposing counsel or unrepresented party, in person or by telephone, no later than the close       of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by    the Court to another date and time certain.

 

      C.  Evidence At Hearing.

      Evidence at the hearing, including requests for judicial notice, will be      governed by Rule 3.1306 of the California Rules of Court.

 

      D.  Telephonic Appearances In Non-Evidentiary Civil Law & Motion And              Probate Hearings.

      (1) Rule 3.670 of the California Rules of Court governs telephonic      appearances by counsel in non-evidentiary law & motion and in probate      proceedings.  The Court expects strict adherence to the requirements of   both Rule 3.670 and this Local Rule.  In addition to the notice     requirements of Rule 3.670, and because the Court uses an outside vendor       (currently “TeleCourt”) for telephonic appearances in these matters, any      attorney or party who intends to appear telephonically must make his or    her request through the outside vendor directly.  

      (2) The outside vendor will bill all participants directly, at prevailing     rates.  Costs associated with telephonic appearances are not taxable costs      as authorized by Code of Civil Procedure §1033.5.

      (3) All requests for telephonic appearance must be made to the vendor a       sufficient time prior to the scheduled hearing so as to allow the vendor      to schedule the appearance.

      (4) At the time of the hearing, every participant who has requested a   telephonic appearance must contact the vendor at the telephone number provided on the vendor’s confirmation of the request.  Participants will       be brought in at the direction of the Court, and will remain on the line until the participant’s case appearance has been completed.  In order to       ensure a quality record of the proceeding, participants may not use pay,    cellular, or speaker phones.

      (5) It is the responsibility of each participant to cancel his or her   telephonic appearance request by contacting the vendor directly in the       event the hearing is cancelled.

 

3.07 Preparation Of Orders:

 

      A.  Duty To Prepare.

      In general, the duty to prepare orders is governed by Rule 3.1312 of the       California Rules of Court.  In matters not governed by Rule 3.1312, or in     cases where the Court finds that the time constraints of Rule 3.1312 are      impracticable, the prevailing party on a motion must, within ten (10)    calendar days of receipt of the Court's written or oral ruling, prepare a

      proposed order thereon and submit it to the opposing party for approval       (as to matters of form only).

 

      B.  Approval; Procedure If Not Approved.

      (1) The opposing party must either promptly approve or object to the    proposed order, stating alternative proposed language.  If the other opposing party fails to approve or object to the order within ten (10)       days after service, the party who prepared the order may then send it

      to the Court for signature.  The order must be accompanied by a letter to     the Court stating the date the order was sent to the opposing party, the    opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order.  A copy of the letter to the Court must be   served on the opposing party.

      (2) If the party who is required to prepare the order pursuant to Rule 3.07.A fails to do so, then the other party may prepare the order.  The     order may then be sent directly to the Court, without the approval of     opposing counsel, along with a cover letter to the Court stating the       applicability of this section.  A copy of the cover letter and the       proposed order must be served on all parties.

      (3) The Court will hold, for a period of five days, all orders that have      not received the approval of the opposing party; after five days, if no     objections have been received, the order will be signed.

 

      C.  Procedure When There Is Disagreement.

      If there is a disagreement between the parties concerning the accuracy of     the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the portion(s) of the proposed order that are      the subject of disagreement.  A copy of the letter must be delivered to     all other parties at the time it is delivered to the Court.  Attorney's      fees and costs, including the cost of preparing a reporter's transcript,       if any, may be awarded thereafter based the merits of the matter.

 

3.08  Procedures Regarding Applications For Extraordinary Writs:

 

      A.  Form And Length Of Briefs In Support Of Or In Opposition To Writ           Petitions.

      (1) The form of briefs in support of or in opposition to writ petitions       (regarding mandate and prohibition) must generally conform to rules     specified for motions in both these Rules and the California Rules of     Court, except that no brief, either in support of or in opposition to a      writ petition, including its memorandum of points and authorities (but

      excluding exhibits, declarations, attachments, tables, and proof of     service) may exceed thirty-five (35) pages in length, and no reply brief       may exceed 20 pages.  Leave of Court to file a brief in excess of the       limitations fixed by this Rule may be granted upon a showing of good cause, and an application for such leave of Court must be made according   to the procedures set forth in CRC Rule 3.1113, and on such other       conditions as the Court may impose.

      (2) A brief that exceeds 15 pages must include a table of contents, table     of authorities, and an opening summary of argument.

      (3) Any paper that violates this Rule must be filed and considered in the     same manner as a late-filed paper, and the Court, in its discretion, may     impose other conditions and/or sanctions as a consequence of the   violation.

 

      B.  Preparation Of Record.

      If a proceeding in prohibition or mandate includes a record for the     Court’s review that exceeds 25 pages, the record must be prepared for      filing as follows: it must be copied onto double-sided pages, each page       consecutively numbered, with two holes punched into the top margin   and all pages fastened together, and the front page must bear the caption       of the matter and the case number.  Upon receipt of the record, the Clerk       will enter the record into the Court’s file and denote its entry upon the     register of filings.

 

 

 

      C.  Service Of Petition Prior to Hearing.

      All petitions for writs of mandate, for prohibition, or for administrative    mandamus or prohibition must be served upon the respondent in the same     manner as a summons and complaint.  Proof of service thereof must be filed    with the Court prior to the hearing on any motion or order to show cause   for issuance of the requested writ as specified in Local Rule 3.02(B).

 

 

CHAPTER 4: SETTING FOR TRIAL, AND TRIAL IN CIVIL MATTERS

 

4.01 Setting General Civil Cases For Trial:

 

      Trial–Setting In Cases That Are Subject To Delay Reduction Rules.

      All general civil cases filed on or after July 1, 1993, or transferred to     this Court by a Court in another jurisdiction on or after July 1, 1993,      are subject to this Local Rule and to the time disposition standards      adopted by the Court in Rule 2.03.B.

(1)    Policy Statement.  

The Government Code and the California Rules of Court mandate that trial courts actively manage and supervise the pace of litigation, from the date of filing to full disposition, by reference to specific procedures and guidelines. [Government Code §§ 68600 et seq.; CRC Rules 2.100-2.119 and 3.700.]  In most cases, the Court will implement that mandate by conducting pre-trial conferences,

      described as follows:

      (a) An Initial Case Management Conference, where the parties must be    prepared to state that service of all pleadings has been effected on all      parties, the proposed schedule for discovery and pretrial motions, and to   schedule arbitration, mediation or settlement conference, if appropriate;    and

      (b) An Additional Case Management Conference, where the parties must be       prepared to declare the case to be at issue, to identify all issues to be tried, to inform the Court as to all case management issues, to summarize the pertinent results of discovery activity, to address alternative dispute resolution and settlement, and to schedule, trial, or other       proceedings.

      (2) Case Development Benchmarks.  

      The Court adopts the following time periods for progression of general civil cases:

      (a) Service of the Summons and complaint within 60 days of case   initiation, filing of the proof of service of the Summons and   complaint within 60 days of case initiation, and filing and service of   responsive pleadings within 30 days of service of the complaint.

      (b) Except to the limited extent permitted by CRC Rule 3.110, no extensions of the aforesaid times that are based on stipulation between       the parties will be allowed.  To the extent that stipulated extensions are       permitted pursuant to CRC Rule3 2.100-2.119, they must be in writing and   filed promptly with the Court.

      (c) Stipulated extensions of time for periods longer than permitted by statute will be allowed by the Court only upon ex parte application that    1) conforms to Rules 3.1200-3.1207 of the California Rules of Court and 2) demonstrates good cause.

      (d) Periodically after case initiation, the Court will conduct a review of    each general civil case in order to determine if the plaintiff has     complied with the case development benchmarks described in item (a),   above.  If the plaintiff has not complied, the Court, in its discretion and only after the plaintiff has been given notice and an opportunity to    be heard, may impose sanctions.

 

      (3) Scheduling And Noticing Conferences.

      (a) The Initial Case Management Conference will be set by the Clerk on the    first case management calendar that falls no earlier than the 90th day after case initiation.

      (b) At the time the complaint is filed, the Clerk of the Court will     provide plaintiff with a form “Notice of Case Management Conference” that       will specify the date, time, and place of the Initial Case Management Conference.  At the time of service of the summons on any party, plaintiff       must also serve a complete copy of said Notice upon that party; and   plaintiff must also serve a copy of the Notice on plaintiffs in       intervention or plaintiffs in interpleader, within ten (10) days of being     served with a complaint in intervention or interpleader.  All cross-     complainants must serve a copy of the Notice upon each cross-defendant at       the time the cross-complaint is served.

      (4) Case Management Conferences.

      (a) Not later than five (5) calendar days prior to every Case     Management Conference (including Additional Case Management Conferences     unless expressly excused by the Court), each party must file, and serve     on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM- 110.

      (b) At or immediately following the case management conference, the Court     will issue an order addressing any further proceedings as well as current    matters, including, if appropriate:

      (i) Identity and representation of parties;

      (ii) Nature of action;

      (iii) Uncontested issues;

      (iv) Contested issues (Note: this element will identify the issues to be      tried and will supersede the pleadings in that respect);

      (v) Whether or not the case is at-issue;

      (vi) Bifurcation;

      (vii) Cut-off dates for: general discovery, expert-related discovery,   discovery-related motions, and general law and motion matters;

      (viii) Referral to arbitration, alternative dispute resolution, or      transfer to another court;

      (ix) Assignment to or exemption from a case management program, as      appropriate;

      (x) Scheduling of further proceedings, including reference to arbitration,    trial, settlement conference, and/or Additional Case Management    Conference.

      (xi) Scheduling of dates relating to exchange of witness and evidence   identification, dates for jury deposit, and dates for filing and service    of proposed verdicts, findings, jury instructions, and motions in limine;       and

      (xii) Sanctions for violations of these Rules, if any violations have   occurred up to and including the time of the case management conference.

      (5) Non-Compliance With Delay Reduction Rules.  

      Failure to appear at and/or failure to file appropriate required statements for any Case Management Conference scheduled under these Rules      may result in the imposition of sanctions, the dismissal of the action, or      the striking of responsive pleadings.

 

 

 

 

4.02  Changing Trial Date Once Assigned And Special Settings:

 

      A.  Dates For Trial Are Firm.

      All dates for trial are firm and no trial date will be changed without Court approval.  Motions to advance a trial date, to reset or specially      set a case for trial, or to continue a trial date must be made on written   notice to all parties who have appeared, and must be set for hearing.

 

      B.  Motions And Stipulations For Continuance Of Trial.

      (1) A motion for continuance of a trial date must be noticed for hearing      as soon as possible after the need for a continuance has been ascertained.      No continuance will be granted except upon an affirmative showing of good       cause (CRC Rule 3.1332; Standards of Judicial Administration).

      (2) A stipulation to continue a trial, or to vacate a trial date and    calendar the matter for resetting, may be accepted in lieu of a motion as      long as 1) all parties agree in writing; 2) the terms of the written   stipulation set forth good cause pursuant to the Standards of

      Judicial Administration and CRC Rule 3.1332, and further state that the       stipulation is subject to approval by the Court; and 3) the stipulation is       accompanied by a proposed Order.

      (3) The Court may refuse to grant a requested trial continuance if it is      not timely, or if it fails to meet the requirements specified in this       Subpart 4.02.B.

 

      C.  Effect Of Continuance.

      If a trial date is continued by stipulation or at any time other than   during a case management conference, the matter will be set for further   proceedings on the regular case management calendar, and at least five (5)      days before that date each party must file a current and complete case     management statement (JC Form CM-110).

 

4.03  Procedures For Telephonic Appearances At Case Management And Pre-Trial

      Conferences:

 

      A.  Who May Appear And Manner Of Request.

      (1) In general, counsel for parties and self-represented parties may    appear telephonically at all Case Management Conferences.

      (2) Telephonic appearances at conferences will be handled by an outside       vendor (currently “TeleCourt”).  Requests by counsel to appear     telephonically at any of the aforesaid conferences must be submitted   directly to the vendor, not to the Court, although notice that the   appearance will be telephonic should be sent to the Court in writing prior

      to the hearing.

 

      B.  Time Limit For Requests To Appear Telephonically.

      All requests for telephonic appearance must be made directly to the vendor    in sufficient time prior to the scheduled hearing to allow the vendor to   schedule the appearance.  Failure to submit the request in a timely      manner may result in denial of the request and/or a requirement that     counsel or unrepresented party appear in person at the conference.

 

      C.  Billing And Non-Taxability Of Costs.

      The outside vendor will bill all participants directly, at prevailing   rates.  Costs associated with telephonic appearances are not a taxable    cost as authorized by Code of Civil Procedure §1033.5.

 

 

      D.  Effect of Failure to File Conference Statement.

      In the Court’s discretion, a request to appear telephonically may be    denied if counsel or unrepresented party has failed to file and serve a     conference statement as required by these Local Rules and the Rules of Court.

 

      E.  Order Of Appearance.

      Order of appearance on the calendar is not determined by receipt of the       telephonic requestor notice.  The Court will fix the order, and cases will    be taken as they appear on the calendar.  Cases will not be taken out of   order except for good cause.

 

      F.  Initiation Of The Call, Standby, And Type Of Phone Used.

      At the time of the scheduled conference, telephonic participants must   contact the vendor at the telephone number provided on the confirmation of    the telephonic request.  The Court will bring in the participants at the       discretion of the Court as to order.  Participants must stand by until    their matter is called.  If the participant is not available when called, the Court may treat his or her absence as a non-appearance and impose       appropriate sanctions.  In addition, if a participant is not available when called, the Court will conduct the conference despite the absence, and the unavailable participant will be billed for the call.  In order to       assure a quality record of the proceeding, participants may not use pay,       cellular, or speaker phones.

 

      G.  Conducting The Telephonic Proceeding.

      After the telephone connections are confirmed, the judge will call the case.  The judge will ask for appearances and will direct the manner in      which the conference proceeds.  Each time a participant speaks, he or she must identify himself or herself for the record.  When the judge informs       the participants that the hearing is completed, the participants may disconnect.

             

      H.  Cancellation of Telephonic Requests.

      Although the Clerk of the Court may notify the outside vendor when a    matter that was previously set for telephonic conference is dropped from    calendar or continued, it is the responsibility of each participant to     cancel his or her telephonic request, by contacting the vendor directly.

 

      I.  Requirement Of Compliance; Failure To Comply.

      Telephonic appearances at conferences are a privilege extended by the   Court.  All provisions of this Rule 4.03 require strict compliance.     Repeated failures to comply by any given individual may result in permanent denial of the privilege.

 

4.04  Duties If Case Settles:

 

      Whenever a case that has been assigned a trial date settles, then the   attorneys or unrepresented parties must immediately notify the Court of the settlement.  The plaintiff bears the primary obligation to so notify       the Court.  Notification may be by telephone to the Clerk, but, in such    case, must be followed within five (5) days by a confirmation letter      copied to all parties.  Such notification to the Court will cause the   Clerk to vacate any trial date and to remove the action from the master    calendar and civil active list, and may result in the setting of a further      case management conference, to assure that the case is dismissed or       judgment entered.

 

4.05  Demand For Jury Fees; Waiver Of Jury; Refunds:

 

      A.  Payment Of Jury Fees Before And During Trial.

      A party who has made a timely demand for a jury trial must deposit with       the Clerk, at least twenty-five (25) days prior to the date set for trial   [Code of Civil Procedure §631(a)(5)], or within five (5) days of notice    that the deposit is required [CCP §631(b)], or at least five (5) days       prior to the date set for trial in an unlawful detainer action [CCP

      §631(a)(5)], a sum equal to the amount of one day's jury fees payable   under the law (which includes average mileage and transportation), as     determined by the Court.  Thereafter, at the beginning of the second trial      day and each succeeding trial day, the courtroom clerk will ask the party or parties who demanded the jury to pay a sum equal to one day's actual jury fees plus the accrued mileage of and/or transportation for the jury,

      if any there be.  Each such request must be honored on the day it is made.

 

      B.  Notice Of Waiver Of Jury; Refund Of Jury Fee Deposit.

      (1) A party who has demanded a jury trial and later decides to waive such     demand must give prompt written notice of the waiver to the Clerk and to       all other parties.

      (2) Requests for refunds of jury fees must be submitted in writing by the       depositing party within 20 days from the date that the jury is waived, or     from the date that the action is settled or dismissed or the trial is      continued (CCP §631.3).

 

      C.  Effect Of Failure To Deposit Or Pay Jury Fees.

      Failure of a party who has demanded a jury trial to deposit or pay jury       fees in a timely manner, as prescribed by law and these Rules, whether      prior to or during trial, will be deemed a waiver by that party of the    right to trial by jury.  The adverse party or parties will be notified      promptly, by the Clerk, of the demanding party’s failure to timely deposit

      or pay jury fees.

 

      D.  Deposit Of Jury Fees After Waiver By Demanding Party.

      When the party who has demanded a jury trial waives or is deemed to have      waived a jury, the other party or parties will have up to five (5) court   days from the date that the Clerk mails the notice of waiver, to deposit    one day's jury fees. (Note: this five-day period is not subject to      extension pursuant to CCP §1005 or any other provision of law.)  However,

      if the waiver occurs within five (5) days of the commencement of the    trial, or if it occurs after trial has commenced, then the other party or   parties must make the deposit on the first or next trial day.

 

      E.  Effect Of Failure By Any Party To Pay Jury Fee Deposit.

      If the other parties fail to deposit fees as prescribed herein, after   waiver by the party who has demanded a jury trial, then the other parties       will be deemed to have waived the right to a jury trial, and the case will   be tried without a jury.

 

      F.  Jury Trial After Untimely Request.

      Notwithstanding any other provision of these Rules, the Court may order,      upon a showing of good cause, that the deposit of jury fees take place at      any time prior to trial, and the applicant, upon deposit of jury fees in      accordance with such order, will be entitled to trial by jury (CCP   §631.3(d)).

 

      G.  Multiple Deposits Of Jury Fees.

      If more than one party demands a jury, each such party will be required to    deposit jury fees, unless jury fees have previously been deposited.  If   more than one party makes a timely deposit of fees, then the clerk will     retain only the first such deposit received, and will refund all others.

 

4.06  Parties Not Present For Trial:

 

      A.  Default Judgments When Matter Is Set For Trial.

      If a party has been served and has not answered, but neither default nor      default judgment has been entered against that party and the action has   been set for trial as to other parties, then, on proper application,     judgment may be entered against the defaulting party in accordance with       Code of Civil Procedure §§585 or 586.

 

      B.  Non-Appearance Of Answering Party.

      If a party has been served and has answered, but does not appear for    trial, and appropriate notice of time and place of trial has been given,     then the Court will proceed with the case in accordance with Code of Civil Procedure §594.

 

      C.  Dismissal Of Named Parties Not Served.

      If a named party has not been served, then ordinarily, at or before the       time of trial, the plaintiff will be required to dismiss, without   prejudice, as to that party.

 

4.07  Conduct Of Civil Jury Trials:

 

      A.  Challenging Jurors For Cause.

      Upon completion of voir dire examination, whether of all prospective    jurors in the jury box or of an individual prospective juror, a party must      state whether he or she “passes for cause”.

 

      B.  Peremptory Challenges.

      If there are more than two sides in a trial, and one side is allotted   substantially more peremptory challenges than any other side, then the    trial judge will require the side with the greater number of challenges to exercise every second challenge, i.e., to alternate with each of the other sides, rather than rotate the challenges from one side to a second side to

      a third side.

 

      C.  Presentation Of Exhibits To Jurors.

      Exhibits admitted into evidence will be handed to jurors in the jury box      only after leave to do so is obtained from the trial judge.  Exhibits such   as writings, which are not subject to cursory examination, ordinarily will     not be provided to jurors until they retire to the jury room after the    cause has been submitted.

 

      D.  When Jury Instructions Are To Be Submitted.

      (1) Pursuant to Code of Civil Procedure §607a, all jury instructions    covering the law as disclosed by the pleadings must be delivered in      writing to the trial judge before jury voir dire commences, unless    indicated by the judge.  At the same time, copies thereof must be

      served upon all opposing counsel or unrepresented parties.

      (2) Thereafter, but before commencement of argument, any additional     proposed instructions upon questions developed by the evidence and not     disclosed by the pleadings may be delivered to the trial judge and served upon the opposing side or sides.

 

      E.  Duty To Prepare, Submit And Modify CACI Instructions.

      (1) The parties may designate their desired standard CACI instructions by     giving the trial judge a list of same, referenced by number.  The judge will provide the form of such standard instructions.

      (2) Desired CACI instructions in which deletions, strikeouts, insertions      or other changes have been made must be referenced by number, and must     carry a notation that there has been a modification thereto, and a copy of the instruction, as modified, must be provided to the trial judge.

 

      F.  Form Of Proposed Jury Instructions.

      All proposed jury instructions must conform to the requirements of Rules      2.1055 of the California Rules of Court.

 

      G.  Special Verdict And Finding Forms.

      (1) A party who requests a special verdict or special findings must, in       connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or     proposed special findings forms before jury voir dire commences.

      (2) A special verdict or special findings form must be drafted so as to       require, if possible, an answer of "yes" or "no", or, if that is not       possible, then to require the most concise answer that will be sufficient.

 

4.08  Setting Unlawful Detainer Cases For Trial:

 

      A.  Case Disposition Standards.

      The Court’s disposition goal for unlawful detainer cases is to have one       hundred percent (100%) of such cases disposed of within ninety (90) days after filing.  This Rule 4.08 establishes target dates intended to assist      the parties and the Court in achieving that goal.

 

      B.  Filing Proof Of Service Of Summons And Complaint.

      (1) Within fifteen (15) days after filing an unlawful detainer complaint,     the plaintiff must file a proof of service of the summons and complaint,    or an application for a posting order, unless a responsive pleading has     been filed.

      (2) Failure of the plaintiff to comply with the aforesaid requirement, in     the absence of a filed response, will result in the issuance of an order    to show cause re status.  The order to show cause will be issued within 10   days of the date that the proof of service or posting application was due.      Attendance of all parties and counsel who have appeared in the action will    be required at the hearing, so that the Court can determine the following:      the status of the case, whether or not the case is ready for trial, time       limits, and possible sanctions, in the absence of good cause shown, for       failure to serve the complaint and/or to file a proof of service.

 

      C.  Memorandum To Set.

      (1) Within twenty-five (25) days after filing an unlawful detainer      complaint, the plaintiff must file a memorandum to set the matter for      trial, unless a request for entry of default or request for dismissal has   been filed.  By filing a memorandum to set, a party indicates that the      case is at issue and will be ready to go to trial on the date assigned.

      (2) Failure of the plaintiff to comply with the aforesaid requirement will    result in the issuance of an order to show cause re status.  The OSC will   be issued within 10 days of the date that the trial-setting memorandum was due.  Attendance of all parties and counsel who have appeared in the      action will be required at the hearing, so that the Court can determine   the status of the case, whether or not the case is ready for trial, time       limits, and possible sanctions, in the absence of good cause shown, for       failure to file a trial-setting memorandum.

 

      D.  Setting For Trial.

      (1) Court Trials.  

      After the trial-setting memorandum is filed, and if the proof of service      complies with these Rules in all respects, and if no jury trial is   demanded, then the Clerk, no sooner than five (5) days thereafter, will      assign the case for court trial on the earliest available date within the next twenty (20) days, and will promptly notify all parties in writing of   the trial date.

(2)    Jury Trials.  

If a jury trial is demanded, then the Clerk will assign the earliest

available date for settlement conference (to be held within the next ten (10) days), and will assign the earliest jury trial date within the next twenty (20) days, and will promptly notify all parties in writing of both dates.

 

      E.  Case Closure.

      Within six months after a clerk's judgment for restitution is entered, the    plaintiff must set the case for ex parte prove-up hearing, unless the       money damages are dismissed.  Plaintiff’s appearance will not be required     if a declaration is submitted pursuant to Code of Civil Procedure §§    585(b) and (d).

 

 

CHAPTER 5: MISCELLANEOUS CIVIL RULES

 

5.01        Attorney Fees For Prevailing Party.

 

Where such fees are authorized by law, the Court may in its discretion determine reasonable compensation (computed on an hourly or per-day basis) for research, general preparation, trial, or other services rendered.

 

5.02  Attorney Fees In Cases Involving Minors Or Incompetent Persons:

 

      A.  Attorney Fees In Minor’s Compromise.

      On any application for approval of a compromise under Code of Civil     Procedure §372 or Probate Code §3500, the attorney fees hereafter set      forth will be considered reasonable under normal circumstances.  In      computing fees on the basis of the amount of the judgment or settlement,   special damages allotted to the parents and the costs paid or incurred by       any attorney must be deducted from the amount of the judgment or       settlement before the fees are calculated.  The fee schedule is as      follows:

      (1) Settlement without the commencement of a trial: twenty-five percent       (25%).

      (2) Recovery of judgment or obtaining settlement after trial has commenced: thirty-three and one-third percent (33-1/3%).

      (3) Settlement after filing appellant's opening brief on appeal: forty percent (40%).

 

 

 

      B.  Cases Involving Unusual Circumstances.

      In cases involving unusual circumstances or conditions, the foregoing fees    may be subject to variation, as ordered by the Court, to meet such       circumstances or conditions.

 

5.03  Compromise Of Claim Of Minor Or Incompetent Person:

 

      A.  Use Of Mandatory Judicial Council Forms.

      Requests for Court approval of compromise of a claim of a minor or      incompetent person will not be considered unless submitted on a fully   completed Judicial Council Form MC-350.  The Petition must be accompanied       by a proposed order approving the compromise, prepared on Judicial Council Form MC-351.

 

      B.  Order To Deposit Money; Deposit And Receipt For Deposit.

      (1) Order to Deposit Money: If the order approving the compromise includes    an order for deposit of funds into a blocked account, the applicant must   also submit to the Court, along with the petition and approval order, a   separate order to deposit the funds, prepared on Judicial Council Form MC-  355.

      (2) Deposit and Receipt: Petitioner or counsel must deposit the subject       funds as ordered within 48 hours of receipt, and must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days       thereafter.

 

      C.  Withdrawal Of Funds.

      If a court order for deposit of funds for the benefit of a minor does not     allow for withdrawal without further order upon the minor’s eighteenth      (18th) birthday or thereafter, then a petition for withdrawal of funds so      deposited will be allowed only according to these Local Rules, and must be     submitted on Judicial Council Form MC-357.  When the attorney for the     petitioner was allowed fees at the time of settlement, no attorney fees     incidental to securing such withdrawal order will be awarded, except for       good cause.

 

      D.  Presence Of Petitioner And Minor Or Incompetent Person At Hearing.

      The presence of the petitioner and the minor or incompetent person is   required at the hearing on a petition for approval of any compromise in     excess of Ten Thousand Dollars ($10,000), unless, in advance of the      hearing, good cause for non-appearance is established to the Court’s    satisfaction by a letter request seeking to excuse that person's

      attendance.  In weighing the request, the Court will consider the       following:

      (1) Amount of the settlement;

      (2) Policy limits;

      (3) Extent of the injury and the need for future medical care related to      the injury;

      (4) Extent of residual injuries (including cosmetic and/or psychological      injury);

      (5) Liability;

      (6) Travel distance for the minor or incompetent person and his or her guardian, including consideration of any disability which makes travel      difficult; and

      (7) Interruption of education.

 

 

 

5.04  Form Of Judgment:

 

      A.  Required Elements Of Formal Judgment.

      In drafting forms of judgment for the trial judge to sign, counsel must:

      (1) Clearly show the full names of the parties for whom and against whom      the judgment is rendered, including their legal capacities as plaintiffs,   defendants, cross-complainants and cross-defendants;

      (2) Refer to full names as they appear in the caption of the initial    pleadings, or obtain an order amending the pleadings in respect to such   names; and,

      (3) All judgments must be full and complete.  Judgments that have exhibits    are discouraged and may not be accepted.  If such judgment is accepted,     there must be a place for signature of the judge at the end of the    attached exhibit.

 

      B.  Submission Of Proposed Judgment To The Court.

      When required by the Court, or when a proposed judgment is required by Rule 3.1590 of the California Rules of Court, counsel must lodge the       proposed judgment with the Clerk.  The proposed judgment must be entitled    "Proposed Judgment" and must bear an attached proof of service indicating   that a copy has been served upon all counsel and unrepresented parties.    At the same time that the proposed Judgment is lodged with the Clerk,   counsel must also lodge therewith the original form of the judgment.  The       original judgment must be in the same form and have the same content as       the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge.  The Clerk will mark the     proposed judgment as having been received, and will retain it as well as    the original judgment, unmarked, in the Court’s file.  After the requisite

      period of time has elapsed pursuant to Rule 3.1590 of the California Rules    of Court, the Clerk will present the file to the judge so that the    judgment may be signed, if appropriate.

 

5.05  Form Of Stipulated Judgment:

 

      The Court will sign a judgment that is presented as part of a     stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto.  

 

5.06  Settlement Conferences:

 

      A.  Required Conference.

(1) Civil cases, whether or not subject to the Trial Court Delay Reduction Act, may be set for settlement conference, at the discretion of the Court.  

      (2) Any matter may be voluntarily submitted to the Court for settlement         conference.

 

      B.  Attendance And Preparation.

      At the settlement conference, all parties must:

      (1) Be prepared to make a bona fide settlement offer;

      (2) Have all principals or clients either in attendance or available by       telephone, unless excused in advance for good cause shown, after notice to    all other parties that a request to be excused will be made (requests for   non-appearance may be made by letter);

      (3) Produce memoranda of items of any special damages claimed; and

      (4) Have available any and all medical reports (if a personal injury is       claimed), depositions, photographs, records, diagrams, maps, bills,   contracts, memoranda and other documents pertinent to settlement of the case.

 

      C.  Settlement Conference Statement.

      No later than five (5) calendar days prior to the date fixed for the    settlement conference, the parties must lodge with the Court, and must       serve upon all other parties, a brief statement of the facts and the law   of the case.  These statements will become a part of the Court’s file.

 

      D.  Duty Re Settlement.

      If a settlement conference has been calendared and the matter is resolved     prior thereto, the settlement conference will not be dropped from calendar    unless and until the parties have filed settlement papers or a dismissal   of the action, and have informed the Clerk of the Court that the matter can be dropped from calendar.  If neither dismissal nor settlement papers       have been filed prior to the conference, the matter will be returned to

      the case management calendar for status review.

 

5.07  Sanctions:

 

      A violation of these Rules of Court constitutes a violation of a lawful       court order, as that term is used in Code of Civil Procedure §177.5, and      may subject the party and/or counsel to sanctions thereunder or as    otherwise provided by law.  In addition to sanctions authorized by the   Code of Civil Procedure, the Court adopts and incorporates herein the  provisions of Rule 2.30 of the California Rules of Court.  Any request for       money sanctions must be made upon advance notice, in writing, unless    ordered on the Court's own motion, in which case notice need not be in     writing.

 

5.08  Default Prove-Ups:

 

      A.  Manner Of Presentation.

      (1) Except for default cases in which the Clerk of the Court may enter judgment without review by a judicial officer [Code of Civil Procedure     §585(a)], and cases in which plaintiff seeks to quiet title pursuant to      CCP §764.010 (see Rule 5.11, below), applications for entry of default   judgment and evidence in support thereof may be presented either in   written form or by oral testimony.

      (2) Affidavits and declarations presented in support of a prove-up      application must comply with the requirements of CCP §585 and §585.5.

      (3) If a prove-up by oral testimony is desired, the plaintiff must apply      to the Clerk of the Court for a hearing, which will be set on the regular      civil law and motion calendar, unless more than fifteen (15) minutes will be required, in which case a special setting will be necessary.

 

      B.  Evidence On Prove-Up, Generally.

      For purposes of default prove-ups, allegations in the complaint or cross-      complaint, if applicable, are not deemed proved because of the failure of     the adverse party to answer.      Rather, proof must be presented by competent    evidence with respect to all essential elements of the causes of action to      be proved.  Mere conclusions are insufficient.  Affidavits and   declarations must show, affirmatively, that the affiant or declarant is   competent to state those things that appear therein.  Generally, the Court    will use the same standard for assessing the quality and sufficiency of    the evidence as it would apply in a contested proceeding. [CCP §585(d);       Harris v. Cavasso (1977) 68 CA3d 723; Devlin v. Kearny Mesa AMC (1984) 155 CA3d 381.]

 

5.09  Prove-Up In Quiet Title Proceedings:

 

      The Court will not enter judgment by default in any action to quiet title.    [Code of Civil Procedure §764.010.]  An application for entry of judgment in such action must be set for hearing on the civil law and motion   calendar, subject to special setting where more than fifteen (15) minutes     will be required.  At the hearing or by papers filed prior thereto, the      applicant must demonstrate that all parties have been served and have       either appeared or failed to appear, and the applicant must comply with       the provisions of CCP §585(c).  At the hearing on the application, the      applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title.

 

5.10  Obtaining Default Judgments Pursuant To Service By Publication:

 

      A.  Obtaining An Order For Service By Publication.

      Applications for service by publication must be submitted to the Clerk of     the Court for ex parte approval by a judicial officer, and must be    supported by one or more factual declarations describing all efforts to    locate the other party.  The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner

      has exercised all due diligence in attempting to locate the other party.      Olvera v. Olvera (1991) 232 Cal.App.3d 32.)  Petitioner's due diligence     search may include the following, as appropriate:

      (1) Recent inquiries of relatives and friends of the other party, and of      other people likely to know his or her whereabouts;

(2) Searches of relevant telephone directories, tax rolls, and other public records; and

      (3) Internet searches and/or searches by licensed search firms or       entities.

 

      B.  Publication And Entry Of Default.

      Upon receiving the signed order for publication, the petitioner must cause    the summons to be published in a newspaper of general circulation in the    State of California that is most likely to give actual notice to the other      party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must       be published once a week for four consecutive weeks).  Upon completion of   publication, the petitioner must all file the proof of publication and

      the request to enter default.  The Clerk will then determine whether    service is complete and, if so, will enter default. (A hearing on the request to enter default may be required when the circumstances so merit.)      After default has been entered, the petitioner may apply for a default judgment as described in the preceding section.

 

      C.  Applications For Orders For Alternative Service By Publication Where

          Plaintiff/Petitioner is Indigent.

      An indigent plaintiff/petitioner may apply to the Court for an alternative    manner of publication, other than publication in a California newspaper of general circulation.  A plaintiff/petitioner may be eligible for indigent     relief when a prior fee waiver has been granted in the same action.  The    petitioner must submit, for the Court’s review, an application and   declaration for alternative publication, stating that the Court has       granted a fee waiver and the reasons that the applicant cannot now afford     the cost of publication.  After reviewing the application and the file,    the Court may order alternative service of process, require a hearing to determine Petitioner's ability to pay, or deny the request.

 

5.11  Small Claims Court; Appearance By Plaintiff; Dismissal:

 

A.        Statement Of Policy.  

The goal of the Court is to process small claims cases in the most expedient manner that is fair to all concerned.  The Court aims to achieve disposition of 100 percent (100%) of small claims cases within thirty (30) days after filing when all defendants reside in Modoc County, and within sixty (60) days after filing when any defendant resides outside of Modoc County.  Small claims cases are scheduled for trial within these timeframes whenever practicable.  In many cases, service cannot be completed upon the defendant before the scheduled hearing date.  If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.

 

      B.   Duty Of Plaintiff To Appear Or Request Continuance.

      The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing,    unless the plaintiff contacts the Clerk of the Court in advance of the      hearing date, either by telephone or in writing, to request a continuance. At the time the complaint is filed, the Clerk of the Court will provide     plaintiffs with written notice of this policy.

 

5.12  Representation In Unlawful Detainer Proceedings:

 

      General Court Policy.

      It is the policy of this Court that a property manager or a rental agent      may file an unlawful detainer complaint on behalf of the owner or a lawful       tenant of the subject property, or prepare the petition or complaint for    filing, and represent the property owner in the proceeding.

       

 

CHAPTER 6: FILING CRIMINAL COMPLAINTS AND CITATIONS; BAIL; ARRAIGNMENT;                        WARRANTS; AMENDMENTS TO COMPLAINTS AND INFORMATIONS

 

6.01  Filing Criminal Complaints And Citations:

 

      A.  Number Of Copies Of Charging Document.  

      At the time a criminal charging document is filed, the filing agency must     submit two copies of the charging document for each defendant named      therein.

 

      B.  Time Of Filing: In-Custody Defendants.

      All criminal complaints charging in-custody defendants must be filed with     the Clerk of the Court at the earliest time possible, in no case later      than one (1) hour before the time of the defendant's first appearance on       those charges.

 

      C.  Time Of Filing: Out-Of-Custody Defendants.

      All criminal complaints charging out-of-custody defendants shall be filed     with the Clerk of the Court no later than two (2) days before the time of the defendant's first appearance on those charges.

 

 

6.02  Bail And "O.R." Procedures:

 

      A.  General Provisions.

      The following provisions apply to all proceedings in which bail is      requested or has been set:

      (1) Out-Of-Court Requests For Increase Or Reduction. 

      When bail has been set by a judge outside of court, then any further out-     of-court requests for the increase or reduction of bail must be made, if   practicable, to the judge who set such bail.

      (2) Disclosure Of Prior Requests.  

      Any person requesting a bail reduction or bail increase must disclose all     prior such applications which have been made in the pending matter.

      (3) Requests For Bail Or Release On Own Recognizance.

      No defense applications for bail or release on one’s own recognizance   ["O.R."] will be considered unless the Office of the District Attorney has      been given adequate notice of the request, so that a representative of the       District Attorney has the opportunity be present at the time the request is presented.

     

      B.  Source Of Bail Pursuant To P.C. Section 1275.

      When a Source of Bail Order pursuant to Penal Code §1275 has been issued,     the defendant, in order to show that no portion of the consideration,       pledge, security, deposit, or indemnification which is paid, given, made,     or promised for its execution was feloniously obtained, must utilize the    following procedures to calendar the matter for hearing:

      (1) Declaration Or Offer Of Proof.

      The request for hearing must be accompanied by a declaration or offer of      proof setting forth the following:

      (a) The identity of the bail agent and surety, or, if there is no surety,     the depositor;

      (b) The source of the bond premium, including name and address of any   person proposing to pay said premium; and

      (c) The source of the security or pledge, including the name and address      of the owner, and description of the property.

      (2) Filing And Service Of Declaration.  

      The declaration or offer of proof must be filed with the Clerk and must be       personally served on the Office of the District Attorney not later than       twenty-four (24) hours before the hearing. 

      (3) Hearing.  

      At the hearing, the defendant must produce the bail agent, the person   proposing to pay the premium, and the person proposing to provide the    security, for examination and cross-examination, if so directed by the Court.

 

6.03  Arrest Warrants And Search Warrants:

 

      A.  Issuance Procedures.

      All requests for arrest warrants and search warrants must first be      presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the Court.  Approval by the   District Attorney or Attorney General must be in writing.  All supporting      declarations for arrest warrants must be fully dated and executed before

      submission to a judge.

 

 

 

 

      B.  Return Procedures.

      Search warrant returns are to be presented to the Clerk of the Court, who     is authorized to receive and execute the return for the Court. (Penal      Code §1534(c).)

 

6.04  Arraignment:

 

      A.  Appearance of Public Defender at Arraignment.

      The Public Defender will be notified of all pending in-custody    arraignments, and a Public Defender must be present for all in-custody

      arraignment calendars, whenever available, to undertake representation of

      defendants for whom the Public Defender may be appointed as counsel.

 

      B.  Continuance To Obtain Counsel.

      In cases in which a defendant appears at arraignment without counsel and      advises the Court that he or she is in the process of hiring or attempting      to hire private counsel, the case may be continued for appearance of counsel and initial plea.  The continuance will generally not extend     beyond fourteen (14) calendar days from the date of first appearance,       absent a showing of good cause for a later appearance.

 

      C.  Further Calendaring In Misdemeanor Matters.

      As a general case-handling guideline, the Court will schedule misdemeanor     cases not resolved at arraignment for a settlement/pretrial conference to   be conducted approximately two (2) weeks after the arraignment.

 

      D.  Further Calendaring In Felony Matters.

      As a general case-handling guideline, the Court will schedule felony cases    not resolved at arraignment for a pretrial or settlement conference to be   conducted approximately two (2) weeks after the arraignment (unless time    is not waived).  The defendant must be personally present at the felony

      plea/disposition conference, unless excused by the Court, in advance, on      good cause shown.  If no pretrial or settlement conference is set, a   preliminary examination will be set within two (2) weeks after the      arraignment, unless the Court requires a later setting.

 

      E.  Assignment for All Purposes.

Unless otherwise stated by the Court at the time of the arraignment in all criminal matters, the case is deemed assigned for all purposes to the bench officer presiding over the arraignment.

 

6.05  Amendments To Complaints And Informations:

 

      A.  Filing And Hearing Requirements.

      If the defendant has already entered a plea, leave of court is required       for filing of an amended Complaint or Information. (Penal Code §1009.)  If a party wishes to file an amended pleading, and leave of court is required    but has not yet been obtained, the amended pleading may be lodged with the     Court.  The Clerk will mark it “received”, and at the next calendared    hearing the Court will determine if there is objection to the amended     pleading, and will permit counsel, or a party appearing in propria      persona, to present argument in support or opposition.  If the matter is   not already on calendar for some purpose within a reasonable time after     the amended pleading is lodged, then the party requesting leave to file      the amended pleading must place the matter on calendar by filing a noticed motion in accordance with Local Rule 13.03.

 

      B.  Service Requirements.

      At the time the amended pleading is lodged with the Court, the party    lodging the pleading must immediately serve a copy on all other counsel,      or parties appearing in propria persona.

 

 

CHAPTER 7: MISDEMEANOR SETTLEMENT AND PRETRIAL PROCEEDINGS

 

7.01  Negotiations Prior To Settlement Conference:

 

      A.  Meet And Confer.

      Counsel are strongly encouraged to meet and discuss actions informally in     order to resolve matters prior to the settlement conference.

 

      B.  Prosecution Offers For Resolution.

      The prosecuting agency should deliver any formal offer for resolution to      defense counsel prior to the day of the pretrial or settlement conference.

 

      C.  Defense Preparation.

      Defense counsel should appear at the pretrial or settlement conference having already discussed the case, and the prosecuting agency’s offer,     with the defendant.

 

7.02  Settlement Conference:

 

      A.  Presence Of Defendant.

      Defense counsel are strongly encouraged to have the defendant(s) present      at the pretrial or settlement conference unless the Court has given prior      approval for non-appearance.

 

      B.  Preparation And Continuances.

      At the pretrial or settlement conference, both sides must be fully      prepared to discuss the facts of the case and the availability of       witnesses for trial.  The pretrial or settlement conference will not be

      continued without actual good cause shown.

 

      C.  Dispositions And Trial Dates.

      The Court will be prepared at the pretrial or settlement conference to accept dispositions and to set trial dates.

 

7.03  Pretrial Motions:

 

      A.  Controlling Procedures.

      All procedures for pretrial motions that are imposed by California      statutes and Rules of Court are controlling in this Court.  The Court    incorporates herein by this reference the requirements of Rule 4.111 of     the California Rules of Court pertaining to the making and timing of      pretrial motions and oppositions thereto.

 

      B.  Effect Of Failure To File Moving Papers.

      If the moving papers are not timely filed for the assigned hearing date,      the motion may be deemed to have been waived by the moving party unless     good cause is shown for the failure to file as required.

 

      C.  Motions To Suppress Evidence (Penal Code §1538.5).

      In all pre-trial motions made pursuant to Penal Code §1538.5, the       procedural guidelines contained therein must be followed.  All such    motions to suppress must be in writing, and must be scheduled on a regular     motion date prior to trial.  The notice of motion and motion shall       specifically describe and list the evidence that is the subject of the      motion to suppress, and shall state the theory or theories which will be       relied upon, and state generally the legal authorities supporting the   theory or theories upon which suppression of the evidence is sought.

 

      D.  Motions For Continuance.

      Motions to continue any hearing, including trial, are disfavored and will     be denied unless the moving party, pursuant to and in accordance with       Penal Code §1050, presents affirmative proof that the ends of justice      require a continuance.  A stipulation by all parties to continue a hearing       does not, by itself, constitute good cause.  Substitution of counsel does   not automatically constitute good cause for a continuance.

 

7.04  Trial Settings:

 

      Estimates Of Length Of Jury Trial.

      At the pretrial or settlement conference, or as soon thereafter as becomes    apparent, counsel must indicate to the Court a reasonable estimate of the   length of the trial.  

 

7.05  Readiness/Trial Management Conferences:

 

      A.  General Requirements.

      The obligations of the parties and counsel in relation to readiness/trial       management conferences are as set forth in Rule 4.112 of the California       Rules of Court, incorporated herein by this reference.  All counsel must   attend the readiness/trial management conference, and counsel must be      prepared at that time to indicate to the Court whether they are ready to     proceed to jury trial.

 

      B.  Appearance Of Defendant.

      Defense counsel must ensure that the defendant is present at the readiness/trial management conference, unless the defendant has executed a waiver of appearance pursuant to Penal Code §977(b)(1).

 

      C.  Dispositions.

      The Court will be prepared, at the readiness/trial management conference,     to accept dispositions.

 

      D.  Acceptance Of Plea After Conference.

      Without a showing of good cause, the Court will not accept any plea by the    defendant after the readiness/trial management conference other than a      guilty or no contest plea and admissions to all allegations in the complaint or information.

 

 

CHAPTER 8: CRIMINAL DISCOVERY RULES

 

8.01  Discovery:

 

      A.  Governing Provisions.

      Discovery is governed by the provisions of Penal Code §§1054, et seq., and by all applicable constitutional, statutory, and decisional law.

 

 

      B.  Obligation To Make Discovery.

      The obligation to make discovery available is an automatic, reciprocal,       and continuing obligation.

 

      C.  Requirements Of Discovery Motion.

      Unless otherwise ordered, a motion in a criminal case for the discovery of       information or evidence must be in writing and, absent an order shortening    time, will be subject to the time standards of Rule 4.111 of the California Rules of Court, incorporated herein by this reference.    Specific written discovery requests and motions must identify the precise

      material sought.  Any response to a specific request also must be in    writing and must state the date, time, and location of availability.

 

      D.  Timeliness Of Discovery.

      All discovery must be timely sought so that the attorneys are adequately      prepared to discuss the case at the pretrial or settlement conference.

 

      E.  Failure To Comply With Discovery Requirements.

      In the event of a failure to comply with this Rule or an order of       discovery, the Court may grant a continuance, exclude the evidence not     disclosed, dismiss the case, or order any other relief or sanction available at law or under these Rules.

 

 

CHAPTER 9: CRIMINAL TRIAL RULES

 

9.01  Motions At Trial:

     

      Motions that are out-of-the-ordinary or unusual (e.g. complex or extensive    motions in limine) must be made in writing whenever possible, and served upon opposing counsel.  They should be filed timely so that they may be       heard prior to the trial confirmation hearing.  The trial judge may make further orders regarding the filing, serving and scheduling of such      motions, at any time as may be appropriate.

 

9.02  Submission Of Jury Instructions, Verdict Forms And Voir Dire Questions:

 

      It is the policy of the Court in all criminal jury trials to use the    instructions contained in CALCRIM.  Absent an order of the Court on good       cause shown, all jury instruction requests covering the law as disclosed    by the pleadings, all special findings and verdict forms, and all    requested jury voir dire questions, must be in writing and must be    delivered by counsel to the trial judge at the pre-voir dire conference.      Copies must be served on all other parties at, or prior to, the pre-voir       dire conference.

 

 

CHAPTER 10: PRELIMINARY EXAMINATIONS

 

10.01 Time Estimate For Preliminary Examination:

 

      Counsel must, at the time of setting or as soon as possible thereafter,       indicate to the setting judge, the presiding judge, or the presiding       judge's designee a reasonable estimate of the length of any preliminary hearing.

 

 

10.02 Continuance Of Preliminary Examination:

 

      A.  Basis For Continuance Of Preliminary Examination.

      Motions to continue the preliminary examination are disfavored, and will      be denied unless the moving party, pursuant to and in accordance with       Penal Code §1050 and the particular statutes pertaining to continuances of     preliminary examinations, presents affirmative proof that the ends of justice require the continuance.  A stipulation by all parties to continue     the preliminary examination, by itself, does not constitute good cause.

      Likewise, substitution of counsel does not automatically constitute good      cause for a continuance.

 

      B.  When To File Motion.

      No motion for continuance of a preliminary examination will be considered     unless submitted to the Court in writing not later than 4:00 P.M. of the       Friday before the preliminary examination is scheduled.

 

 

CHAPTER 11: MISCELLANEOUS TRAFFIC INFRACTION RULES

 

11.01 Traffic School:

 

      As a means of resolving traffic infraction charges, the Court will permit       attendance at a traffic school that has been approved by the California       Department of Motor Vehicles.  Rules of eligibility and procedures for completing traffic school will be established by the Court from time-to-     time, and will be made available to the general public by the Clerk of

      the Court.  Attention is hereby directed to Vehicle Code §§ 41501,      42005, 42007, and 42007.1.

 

11.02 Trials By Declaration:

 

      A.  Adoption Of Procedure For Trial By Declaration.

      This court adopts the provisions of Vehicle Code §40902, except as may be     limited herein.

 

      B.  Eligibility.

      Upon written request, any defendant will be afforded a trial by   declaration, as may be allowed by Vehicle Code §40902.  A defendant who   requests a trial by declaration will be required to waive time for speedy   trial.

 

      C.  Requirement For Posting Of Bail.

      Any person who requests a trial by declaration will be informed by the Clerk of the Court of the requirement to post bail in the full amount    specified by the bail schedule.  Failure to post bail in a timely manner   will be deemed to be a withdrawal of the request for trial by

      declaration.  Thereafter, a person will not be afforded a trial by      declaration in that case, absent an order of the Court on good cause       shown.

 

      D.  Time Limits.

      A person who has posted bail for a trial by declaration must adhere to the    time limits set by the Clerk of the Court for submission of any required     declarations, exhibits, or other evidence.  Failure to submit said evidence in a timely manner will result in a bail forfeiture without further proceedings.

 

      E.  Evidence.

      Pursuant to Vehicle Code §40902(c), this Court will admit all relevant evidence, including but not limited to the complaint, citation, police      reports, written declaration of the defendant or any witness, photographs,   drawings, diagrams, or other probative evidence.

 

 

CHAPTER 12: GENERAL CRIMINAL RULES

 

12.01 Sanctions:

 

      A.  Incorporation Of Local Rule 5.07.

      Rule 5.07 of these Local Rules, pertaining to civil actions, is   incorporated herein by this reference as though fully set forth at length,      and is hereby made applicable to criminal actions in this Court.

 

      B.  Incorporation Of RPC Rule 5-300(B).

      Rule 5-300(B) of the Rules of Professional Conduct of the State Bar of California relating to ex parte communications with the Court is       incorporated by reference as though fully set forth at length and is   hereby made applicable to criminal actions in this Court.

 

12.02 Photographing Or Recording Court Proceedings:

 

      The Court adopts Rule 1.150 of the California Rules of Court regarding photographing or recording of any court proceeding.  The photographing or       recording of any proceeding will be as determined by the judge who is       presiding over that proceeding, subject to CRC Rule 1.150, and any request

      concerning photographing or recording the proceeding must be made to that     judge.

 

12.03 Pretrial Motions:

 

      A.  Form Of Pretrial Motions.

      Unless otherwise ordered or specifically provided by law, all pretrial motions must be in writing and must be accompanied by a memorandum of       points & authorities.  All such motions and supporting documents,   opposition papers, and the hearings thereon must be in compliance with   Rule 4.111 of the California Rules of Court.  The form and format of

      all motions, and supporting or opposition documents, must be as required      by the California Rules of Court and, specifically, CRC Rules 2.100-2.119.

     

      B.  Filing And Service.

      The time for filing and the manner of service of pretrial motions must be     as set forth in Rule 4.111 of the California Rules of Court unless       otherwise ordered or specifically provided by law.  An order shortening    time may be granted by the Court upon ex parte written application, if the      application is supported by a declaration demonstrating good cause.  Any      ex parte application to the Court for an order shortening time must be in

      compliance with Local Rule 3.03.

 

      C.  Hearings.

      Hearings on pretrial motions must be set on the Court's regular criminal      law and motion calendar, provided that the hearing will require no more   than a total of 15 minutes for all sides to fully argue.  No evidence will       be taken at any hearing on the law and motion calendar.  In the event that       counsel determines that the matter will require more than a total of 15       minutes, or will require the taking of evidence, counsel must notify the Clerk of the Court, no later than the third court day prior to the day set    for hearing, that the matter requires an extended hearing, in which case    the matter may be continued by the Court to a date and time certain.

 

      D.  Hearings By Stipulation Of Counsel/Parties.

If counsel, or counsel and parties in propria persona, unanimousstipulate in writing that a matter may be placed on calendar and heard by the Court without notice, then counsel or such party may notify the Clerk of the Court, in person or by telephone, of the fact of the stipulation, and may request that the matter be calendared for hearing at a designated date and time.  Upon receipt of approval by a judge, the Clerk of the Court may authorize the matter to be so calendared, and shall telephonically notify the court reporter, all counsel and parties in propria persona, and all necessary security personnel (and custodial personnel if the defendant is in custody), of the date and time of the hearing.  Unless expressly ordered by the Court, or otherwise provided for in these Rules or some other written policy of the Court, no counsel or party may unilaterally request that a matter be calendared for hearing.  Exceptions to this Rule include the Court's existing policy regarding the calendaring of juvenile detention hearings under Welfare & Institutions Code Sections 300 and 600, and calendaring the arraignments of defendants taken into custody for alleged probation violations.

 

12.04 Policy Regarding Acceptance Of Negotiated Plea After Final Pretrial              Conference:

 

      A.  Policy.

      Except in extremely unusual circumstances when good cause is shown, the       Court will not approve a negotiated plea after the trial readiness      conference has been conducted and the trial is confirmed.  For purposes of      this policy, the term “negotiated plea” means any plea other than a plea    of guilty or nolo contendere to all counts (not including alternative   counts) charged in the information, and also means any plea which is       conditional upon a grant of probation or a certain specified punishment,      even if the defendant is pleading guilty or nolo contendere to all counts.

 

      B.  Meet And Confer Requirement.  

      Counsel must have fully investigated their cases, and must have met and       conferred with one another, prior to the final pretrial conference.

 

12.05 Requests For Sentence Modification And Other Post-Trial Motions:

 

      A.  Setting For Hearing.

      In any case in which the Court has not lost jurisdiction and the defendant    or counsel seeks modification of a term of probation, including a jail     term, the defendant or counsel must contact the Clerk of the Court in     order to set a hearing before the bench officer who imposed the sentence.   The matter will be set on a regular calendar over which that bench officer      presides.

 

      B.  Form Of Request.

      The Court adopts the time limits set forth in Rule 4.111 of the California    Rules of Court for all post-trial motions unless otherwise ordered or      specifically provided by law.  An order shortening time may be granted by      the Court upon ex parte written application, if the application is supported by a declaration demonstrating good cause.  Any ex parte    application to the Court for an order shortening time must be in

      compliance with Local Rule 3.03.

 

12.06 Claims By Court-Appointed Counsel For Payment Of Fees:

 

      A.  Requirement Of Claim.

      A claim for fees and/or reimbursement of expenses by an attorney appointed    by the Court to represent an indigent defendant in a criminal or juvenile      action must be submitted in writing to the Court, or to such agency as may       be designated by the Court from time-to-time, or to the presiding judge of       the Court, in the form, and not later than the time, prescribed in this   Rule 12.07.  Failure to comply with these requirements may be deemed a   waiver of the claim for and right to reimbursement.  Claims submitted to       the Court will be reviewed and approved by the Court, and then forwarded      to the County Auditor for payment.

 

      B.  Content of Claim.

      The claim must include an itemized statement of the services rendered, the    time devoted to each service, the sum requested for each item of service,    the date of service, the items and amounts of reasonably necessary   expenses incurred, and the total amount requested by the attorney.  The     Court will review these applications based upon standards which are   maintained by the Court and which may be modified from time-to-time as       circumstances warrant.

 

      C.  Time For Presenting Claim.

      The attorney’s claim must be presented no later than ninety (90) days from    the date that he or she last rendered service in the matter.  Failure to   present a claim within the required time limitation may be deemed to be a waiver of the claim and of the right to reimbursement.

 

 

CHAPTER 13: FAMILY LAW RULES

 

13.01 Use Of Judicial Council Forms, Proofs Of Service.

      (1) All pleadings, including orders to show cause, notices of motion, and       responsive declarations, must be pleaded on the appropriate Judicial    Council form where mandated, and all documents filed with the Court must       comply with the California Rules of Court as to form and format.

      (2) Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the       Court shall be accompanied by a proof of service of that document, and the       proof of service shall be in compliance with Code of Civil Procedure §1013(a).

 

13.02 Family Law Motions And Orders To Show Cause:

 

      A.  Calendars for Family Law Motions And Orders To Show Cause.

      (1) Date And Time.  

      The law & motion calendar for Family Law cases is held weekly, at 10:00       a.m. each Monday.  The dates and times for fixed calendars are subject to   change.  Parties should confirm dates with the Clerk of the Court.  The       Clerk will set any motion, or enter the date of hearing on an Order to      Show Cause, and will insert the requested date on the moving papers along     with the appropriate time.

      (2) Fifteen Minute Time Limit.  

      All hearings on the law and motion calendar in the Family Law Department      are limited to fifteen minutes or less.  A moving or responding party may   request a long-cause hearing pursuant to the provisions of Section Three   of these Rules.  Where a hearing on the law and motion calendar exceeds     fifteen minutes, the Court may rule without further hearing, defer the      matter to the end of the calendar, continue the matter to another date,       order the matter off calendar, or declare a mistrial.

(3)    Lengthy Matters.  

If, after call of the calendar, the moving or responding party contends that the hearing will require more than fifteen minutes, and has made sufficient offer of proof or has filed, at least twenty-fours hours before the hearing, a request for live testimony, then the Court will set the matter on the next available trial or long-cause calendar.  If, after call of the calendar and commencement of argument, it appears to the Court that more than fifteen minutes will be required for hearing of a matter, then the Court may set the matter on the next available trial and long-cause calendar.

 

      B.  Requests For Ex Parte Orders Pending Hearing.

      Ex parte motions must be made and conducted as set forth in Section Three     of these Rules, and will be calendared by the Clerk of the Court.

      (1) For ex parte matters made pursuant to the Family Code, a “Declaration     Re Ex Parte Notice” must be completed by counsel or self-represented    party, and submitted with the ex parte application.

      (2) Orders will be issued ex parte only if the application is accompanied     by an affidavit or declaration adequate to support its issuance under   Family Code Section 6300 and Code of Civil Procedure Section 527.  If the      affidavit or declaration does not contain a sufficient factual basis for a requested order, it will not be granted.  Counsel and unrepresented       parties will not be permitted to augment affidavits or written       declarations by verbal statements.

      (3) Ex parte applications and request for orders will be reviewed by a judicial officer as soon as is practical after submission to the Clerk of the Court.

      (4) The reviewing judicial officer has discretion to deny a requested   hearing on the ex parte application, solely on the basis of the submitted documents.

 

      C.  Service Of Moving And Responsive Documents; Effect Of Failure To          Serve.

      (1) Service Of Documents.  

      Moving and responsive pleadings must be served on the opposing party or       attorney, including the designated child support agency if a party has      applied for and/or is receiving public assistance, or has referred the      matter to such agency, in accordance with Code of Civil Procedure §1005.       Orders to Show Cause issued in connection with temporary restraining   orders under the Family Code must be served in accordance with Family Code §242.

      (2) Failure To Serve.  

      If a responding party fails to appear at a hearing, the moving party must     submit proof of timely service to the Court.  Otherwise, the matter may be     taken off calendar.  A moving party may submit, on the appropriate   Judicial Council form, an application and order for re-issuance of an   order to show cause.

 

 

 

      D.  Responsive Pleadings To OSC Or Notice Of Motion.

      (1) Time Requirements.  

      Unless otherwise ordered or good cause is shown, any responses,   declarations, or points and authorities must be served and filed according   to the provisions of Code of Civil Procedure §1005(b).  Failure to comply    with this requirement may result in the refusal by the Court to consider    any papers not timely filed.  The Court also may continue the matter and/or impose appropriate sanctions.

      (2) Alternative Relief.  

      A responding party may request alternative relief in the responsive     pleadings, without filing a separate order to show cause or motion.    (Family Code §213.)  The Court may consider a request for mutual   restraining orders, but only in the case where the parties requesting the orders have complied with Family Code §6305.  A responding party seeking     affirmative relief must file and serve a separate order to show cause or       notice of motion.

 

      E.  Meet And Confer Requirements; Exchange Of Documents; Stipulations.

      (1) Meet & Confer; Exchanging Documents.  

      Prior to any hearing, counsel and the parties must meet and confer in good    faith, in an effort to resolve all issues.  While conferring, or prior      thereto, litigants must exchange all documentary evidence that is to be       relied on for proof of any material fact.  Failure to meet and confer or      to exchange documents in a timely manner may result in the matter being     dropped from the calendar or continued, and the Court may order other       appropriate sanctions, including monetary sanctions.  At the hearing, the     attorneys for the parties must advise the Court as to what issues have      been settled by agreement and what issues remain contested.

      (2) Stipulations.  

      All stipulations must be in writing, and all stipulations must be       submitted to the Court prior to or at the calendar call on the date set for hearing.

 

      F.  Continuances.

      (1) The Court looks with disfavor on requests for continuances, unless good cause is shown.

      (2) A continuance of the initial date for any hearing may be granted by       the Clerk by telephone if (a) the moving party represents to the Clerk      that service has been made and that the parties agree to the continuance   to a specified date certain; and (b) the request is made before 4:00 PM at   least two (2) court days before the scheduled hearing.  The requesting    party must send a confirming letter by method reasonably calculated to       reach the Court prior to the originally scheduled hearing.

      (3) Failure to notify the court of an agreement for a continuance before      4:00 P.M. at least two (2) court days preceding the hearing may result in   the imposition of monetary sanctions.  Such monetary sanctions will be in addition to any fees required for the continuance.

 

      G.  Hearing Procedures.

      (1) Calendar Call.

      (a) Time Estimate.  Parties or counsel must be prepared to state a time       estimate on the length of the matter.  Hearings on the Family Law & Motion       calendar are limited to fifteen (15) minutes, and may be subject to further limitations to accommodate the Court’s calendar.  Generally, the   Court will hear stipulated matters first, and may give calendar    preference to volunteer attorneys representing pro bono clients.

      If both parties believe in good faith that the matter cannot be completed     within fifteen (15) minutes, they must so inform the Court at the time the     matter is called.  The Court may then continue the matter to another date      on its long-cause calendar, or make other appropriate orders.

      (b) Non-Appearance By A Moving Party.  If the moving party or counsel is      not present when the calendar is called, the matter ordinarily will be      either dropped to the bottom of the calendar or     ordered off calendar    unless the responding party has requested affirmative relief.  If the     moving party or counsel is going to be unavoidably late, the Clerk of the Court must be so notified at the earliest possible opportunity.

      (c) Non-Appearance Of Responding Party And Requirement And Effect Of          Proof Of Service.  If a responding party fails to appear at a hearing, the       moving party must immediately submit proof of timely service to the Court.    If proof of service is not produced but the moving party alleges that      timely service has been accomplished, the matter may be taken off calendar    or continued to allow submission of proof of service.  Where a valid proof     of service is provided, the Court will hear the order to show cause or    motion as an uncontested matter.

      (2) Attorney's Calendar Requirements.  

      Because contested matters are often continued to another date, attorneys      must bring their calendars to each hearing.  If an attorney does not have    his or her calendar available at the time the continuance is being set, a       matter which is continued to a date that conflicts with an attorney’s    prior commitment will not be continued because of said commitment.

      (3) Copies Of Other Pleadings.  

      When counsel or self-represented party plans to refer to a document that      was previously filed with the Court but is now unavailable (because the     file containing the document is on microfiche, or otherwise), it is the   responsibility of the party relying on the document to obtain copies       thereof, to attach the copies to his or her papers, and to make the       document available to the Court prior to the hearing on the matter.

 

      H.  Presentation Of Evidence At The Hearing.

      (1) Declarations Received In Evidence.  

Counsel must be prepared to present their positions based upon pleadings, declarations, and offers of proof.  The Court will consider all declarations to have been received in evidence at the hearing, subject to legal objection and cross-examination where appropriate. [Reifler v. Superior Court, (1974) 39 Cal.App.3d 479.]  The Court may in appropriate cases decide contested issues solely on the basis of the application, the response, the supporting declarations, and the memoranda of points and authorities submitted by the parties.

      (2) Offers Of Proof.  

      In lieu of testimony, and solely at the Court’s discretion, an offer of       proof may be made during any hearing or trial.  An offer of proof is a      succinct statement given by counsel that declares what a particular   witness would say if called to the stand.  Offers of proof are subject to       the same evidentiary objections as live testimony, and must be       distinguished and presented separately from argument.

      (3) Live Witnesses.  

A party seeking to introduce oral evidence at a hearing (except for oral evidence in rebuttal to oral evidence presented by the other party) must comply with the requirements of Rule 3.1306 of the California Rules of Court.

      (4) Sanctions For Misstating An Offer Of Proof.  

      The Court may impose appropriate sanctions for misstating evidence in an      offer of proof.

 

      I.  Preparation And Service Of Orders After Hearing; Form Of Support                        

      Stipulations.

      (1) Procedure.  

      Preparation of orders after hearing, and obtaining the approval of      opposing counsel, must be accomplished as set forth in Local Rule 3.07.

      (2) Service Of Orders.

      (a) Service On Opposing Party.  After an order has been signed by the   Court and filed, the party preparing the order must mail an endorsed filed copy to opposing counsel or self-represented party.

      (b) Service On The Mediator.  If an order involves custody and/or       visitation, and the parties have been seen by the Court Mediator, an endorsed filed copy of the order must be sent by the party preparing the order to the Court Mediator.

      (c) Service On Child Support Agency.  If an order involves custody,     visitation, and/or support, and the County of Modoc is a party, or a    designated child support agency is involved in the collection of support for the benefit of a party to the matter, the party who has prepared the    order must sent an endorsed copy of the order must be sent to the support     agency.

      (3) Stipulations Establishing Or Modifying Child Support Orders.  

      All stipulations establishing or modifying child support must be submitted    on the appropriate Judicial Council forms.

 

13.03 Family Law Discovery:

 

      Parties are encouraged to participate in informal discovery as a means of       conserving their financial resources.  In appropriate cases, upon the   Court’s own motion or upon a request from either party, the Court may   adopt a discovery plan that is tailored to the issues of the case and to       the financial resources of the parties. (Note: discovery in Family Law      matters is governed, in general, by the Code of Civil Procedure.  Expert      witness disclosures are governed specifically by CCP §3034.)

 

13.04 Rules Applicable To All Financial, Child Support And Spousal Support          Issues:

 

      A.  In General Rule 13.04 applies to any Family Law proceeding where a financial matter is at issue.  “Financial matter” as used herein includes   any request for child support, for spousal or family support, or for attorney’s fees and costs.  Parties must disclose to each other and to

      the Court all relevant financial information, in a timely and complete manner, whenever a financial matter is at issue.  The Court may impose    sanctions, including monetary sanctions, for failure to comply with this   Rule.

 

      B.  Income And Expense Declaration; Additional Financial Information.

      (1) I&E Declarations Must Be Current.  

Each party must submit a current Income and Expense Declaration (“I&E”) whenever a financial matter is an issue.  If an I&E has been filed more than sixty (60) days before the date of the hearing, a new declaration must be filed unless the party who would be filing the I&E files and serves instead a declaration under penalty of perjury that the contents of the last filed I&E (identified by filing date) has not changed materially in any respect.  The I&E must state the best estimate of the other party’s income, and whether or not child custody or visitation is currently an issue.  The Declaration must state the declarant’s best estimate of the timeshare each party has with the minor child(ren).  The Court will accept a Simplified Financial Declaration form in lieu of an I&E for child support calculations in appropriate cases.

      (2) Declaration Must Be Complete. 

      All applicable blanks on the Income and Expense Declaration must be     completed.  Notations such as "Unknown," “Estimate," "Not Applicable," and    "None" may be used where appropriate.  The following items or information      must be attached to the Income and Expense Declaration:

      (a) W-2’s or 1099 forms if the income tax return is unavailable;

      (b) Last two (2) pay stubs.

      (c) If the submitting party is self-employed, a profit and loss statement     for the preceding twelve (12) months, or other appropriate time period    that is at least as detailed as the IRS form Schedule “C”.  In addition, and not withstanding subsection B.(1) of this Rule, if more than sixty    (60) days have elapsed since the filing of the Income and Expense     Declaration, self-employed individuals must prepare a supplemental profit     and loss statement, at least as detailed as the IRS form Schedule C, for    the period of time from the ending date of the profit and loss statement       attached to the I&E through the time of the hearing.  Any supplemental

      profit and loss statement must be delivered to the other party no later       than five (5) court days preceding the hearing date.

      (d) If child support is sought for a child who is sixteen (16) years of       age or older, the moving party must state the child’s school grade level       as of the application.

      (e) Upon request, the parties must also exchange income tax returns for       the prior two (2) years, including all attachments.

      (3) Requirement Of An Additional Factual Declaration When A Party Is                 Unemployed.  

      If a party is unemployed, that party must submit a declaration describing     his or her previous employment, gross/net income earned when employed, and     reasons for termination.  It also must describe the party’s current     efforts to obtain employment.

 

      C.  Filing Tax Returns With The Court.

      Any tax return to be filed with the Court, whether it is the tax return of    the person filing it or the tax return of any other person, must be   attached to a separate declaration that identifies the tax return(s) being   submitted and that is conspicuously marked “CONFIDENTIAL TAX RETURN”.  Any    document so identified will be kept in a confidential section of the file,   to be viewed only by the parties, their attorneys, and the Court.  Tax   returns must not be attached to any other pleadings, forms, or documents

      submitted to the Court.  If the Court finds that the tax return is not relevant to the issues of the case, the tax return will be returned to the party who submitted it, in accordance with Family Code §3552.

 

      D.  Calculation Of Child Support.

      The Court may utilize any computer program approved by the Judicial     Council for calculation of child support.  Parties should submit a      printout of their own calculations to the Court to consider when support    issues are to be decided.

 

13.05 Procedures And Policies For Resolution Of Custody And Visitation Issues:

 

      A.  Mediation.

      (1) Introduction.  

      The Court Mediator’s Office, in conjunction with the Court, assists in resolving contested issues concerning children.  To that end, the Court     Mediator provides mediation of custody and visitation disputes, and may     conduct Court-ordered evaluations.  The Court Mediator is committed to      the principle that parents should retain responsibility for child-rearing     and should not abdicate this authority to the Court. Consequently,       extraordinary efforts are expended to assist parents in resolving       differences and in formulating a parenting plan that is in the

      best interest of the child(ren).  Mediation provides a framework within       which parents can make their own decisions regarding the lives of their       child(ren).  Parties are encouraged to resolve disputes by using all       available resources, including mediation in the private sector.  If any parenting issues remain unresolved, Court-ordered mediation is required

      prior to a contested hearing.  When an order to show cause or notice of       motion places child custody and/or visitation at issue, the parties will       be ordered to participate in mediation.  A subsequent court date will be set for submission of the Mediator's report.  Pending the outcome of      mediation, the Court may make necessary interim orders for the

      safety of the parties as well as for custody and visitation.  The Mediator    may assist the Court in mediating interim custody and visitation orders.

      (2) Procedures Following Mediation.

      (a) Agreement Reached.  In those cases where mediation results in an    agreement, the Mediator will report the agreement in written form to the   Court, which may adopt the agreement and make it an order.

      (b) No Agreement, And Physical Custody An Issue.  When mediation does not

      achieve full agreement and physical custody continues to be an issue, the

      Mediator may recommend that a Family Code §3111 custody evaluation be   performed.

(c) Contested Hearing.  Should the parties, with the assistance of counsel if represented, be unable to settle the dispute on the basis of the mediation, then a hearing date for trial on contested custody and/or visitation issues may be set at the discretion of the Court, or an evaluation pursuant to Family Code §3111 may be ordered.

      (3) Custody And/Or Visitation Issues Filed Under The Domestic Violence       Act.

(a) Separate Mediation Sessions.  In any proceeding for which mediation is required and there is a history of domestic violence between the parties, or when a protective order as defined in Family Code §6218 is in effect, then at the request of the party who alleges domestic violence or who is protected by the order, the appointed Mediator will meet with the parties individually, and at separate times.

      (b) Conducting The Mediation.  If the parties agree to meet jointly rather    than individually with the Mediator, then during the mediation a support     person may accompany any party who is protected by a restraining order.    However, the Mediator may exclude a support person from a session if that     person disrupts the process of mediation.

      (4) Extended Mediation; Review.

      (a) Subsequent Mediation.  If the parties desire subsequent sessions with     the Mediator and the Mediator agrees, the parties may be seen again.

      (b) Review.  If the parties and the Mediator agree, a case may be set for     review, usually within six (6) months, to determine if additional   mediation will be needed.  Should the parties continue to have a dispute,   the Mediator will report this to the Court on the calendared review date.       The Court may then order the parties back to mediation, order a       recommendation from the mediator at a later date, or order a §3111      evaluation.

 

 

      (5) Participation Of Attorneys In The Mediation Procedure; Non-Resident       Participants.

      (a) Meet And Confer Requirement.  Prior to setting an appointment for   mediation, counsel should "meet and confer", by telephone if not in    person, in an effort to resolve child custody and visitation disputes.     

      (b) Participation Of Counsel In Mediation.  Attorneys do not attend the       mediation sessions.

      (c) Client Preparation.  Attorneys are advised to prepare clients to    participate in mediation in an open, responsive, and receptive manner.     Clients should be advised that the focus of mediation is on the present and future (not the past), and they should come to mediation with    proposals regarding residence, time-share, education, child care,       transportation, holidays, vacations, special needs of the child(ren) and      decision-making responsibilities.

      (d) Nonresident Participants.  If one of the parties to the mediation is      not a resident of Modoc County or is not available for any other reason       (which may include incarceration), the party may request a telephonic    session with the Mediator.  At the sole discretion of the Mediator, the     personal presence of the requesting party at mediation may be excused;   however, the mediation will be scheduled and will go forward as in all       other matters.  Generally, mediation will be conducted only during      business hours, and a non-resident party must be prepared to make him or    herself available during business hours for any telephone mediation   approved by the Mediator.

(6) Required Disclosures; Testimony By A Mediator.

      (a) The Mediator may make suggestions and discuss options with parents and

      counsel, and may report or recommend to the Court.  If it is alleged that     a child is "at risk" by virtue of abuse or neglect, the Mediator is       required by law to report that allegation to Children's Services.  A      Mediator must also disclose the existence of threats of death or bodily    harm (Tarasoff vs. Board of Regents, 17 Cal.3d 425).

      (b) The Mediator may be cross-examined, and the Mediator may make

recommendations to the Court during testimony.  A party desiring to have the Mediator testify must subpoena the Mediator for the scheduled hearing.

      (7) Involvement Of Children In The Process.

      (a) It is the general position of this Court that attorneys representing      the parents should not interview the child(ren) involved in the       proceeding, and should not interview or elicit information from a child's therapist, except upon the Court’s order.

      (b) Absent extraordinary circumstances, a judge of this Court will not interview any child who is the subject of a custody or visitation dispute.

      (c) Children must not be brought to mediation sessions.  If parents or counsel wish a child to be seen, their reasons should be discussed with    the Mediator.  In mediation proceedings, the Mediator is entitled to interview a subject child where the Mediator considers the interview       appropriate or necessary pursuant to Family Code Section 3180.

      (8) Court-Appointed Counsel For The Child.  

      Family Code §3150 provides that counsel may be appointed to represent the     child in custody/visitation cases, and will have all rights provided by    this section if the Court finds that to be in the child’s best interest.        Section 3114 provides that the Mediator may recommend to the Court that     counsel be appointed to represent a minor child.  In making this       recommendation, the Mediator will inform the Court why it would be in the       best interest of the child.   When the Court appoints counsel for the   minor, counsel may expect to receive a reasonable sum for compensation and       expenses.  On the motion of any party, or the Court, the Court will   determine both parties' ability to pay for such counsel.

      (9) Disputed Paternity.  

      If paternity is disputed, the issue need not be resolved by the Court   prior to mediation.  Mediation will not be denied to the parties on the    basis that paternity is an issue in the proceeding before the Court (Family Code §3172).  The Court may make a pendente lite order granting     visitation to a non-custodial parent absent the tests authorized by       Evidence Code §621, upon finding that a grant of such visitation rights       would be in the best interests of the child.

      (10) Non-English-Speaking Parents.  

The Court Mediator does not provide interpreters.  A non-English-speaking parent must be accompanied by a neutral individual who is fluent in both English and the party's native language, or the mediation may not go forward in the discretion of the Mediator.  The Mediator must agree to any proposed interpreter.

      (11) Disclosure Of Juvenile Court Proceedings.  

      Neither counsel nor parties may bring an action for custody or visitation     in the Family Law Department without disclosing to the Court the status of     any prior or pending Juvenile Court proceedings. (Comment: prior     consideration by a Family Law Court of the custody of a minor cannot     deprive the Juvenile Court of jurisdiction to make orders to protect the       minor [In Re Benjamin D.(1991) 227 Cal.App.3d 1464]).

      (12) Investigation By Adult And Children's Services.  

      When an investigation by Children’s Services (or the equivalent agency in     another jurisdiction) is pending, this fact must be made known to the     Court.  No permanent custody order will be made until the agency’s   investigation is completed and the findings are made known to the Court.        If a family was previously involved with Children's Services (or an   equivalent agency in another jurisdiction), the disposition of that       investigation or the nature of the agency’s involvement must be disclosed     to the Court if that information is available.

      (13) Medical, Psychological, Or Educational Reports.  

      Medical, psychological, educational or other types of reports concerning a    child must not be attached to motions, but must be provided to the Court      or Mediator as may be ordered.  Information not provided to the Mediator    that is intended by a party to be filed with the Court must be served on    the other party or parties in accordance with applicable provisions of law       and the Local Rules, but in no event fewer than (5) five days before a     scheduled hearing. (Exception: said reports must be provided directly to      the Mediator when so ordered by the Court.)

 

      B.    Specific Procedures.

      (1) Ex Parte Applications. 

No party who is participating in mediation or an evaluation, may submit an ex parte application to the Court regarding custody and/or visitation without first notifying the Mediator of such application prior to filing it.

      (2) Substitution Of Attorney/Change Of Address.  

      When a case is in mediation or evaluation, counsel must send a copy of any    filed substitution in or out of the case to the Court Mediator.  Counsel      and unrepresented parties must also advise the Mediator of any relevant       changes of address or telephone number.

      (3) Settlement Or Dismissal Of The Action.  

      If a case that is in mediation or evaluation is settled or dismissed,   counsel or a self-represented party must provide a copy of the filed     stipulation, order, or dismissal disposing of the case, to the Court       Mediator.

 

(4)    Evaluator’s Questionnaire And Format Of Documents.  

The court-appointed evaluator may require parties who are participating in a Family Code §3111 evaluation to complete a questionnaire.  Additionally, parties may submit documents to the evaluator.  Questionnaires and documents cannot be bound.  Documents must be 8-1/2 by 11 inches in size.  Odd-sized documents must be mounted on an 8-1/2 x 11 inch page.

      Documents must be one-sided only.  All photographs submitted to the     Mediator must be photocopied on 8–1/2 x 11 inch white paper with the      following information typed or written below each photograph: the date and     location at which the photograph was taken, by whom it was taken, and a   short summary of what the photograph depicts.

      (5) Grievance Policy And Peremptory Challenge Policy.

      (a) The procedure outlined herein is intended to respond to general     problems relating to mediation and to requests for a change of Mediator    pursuant to Family Code §3163.

      (b) Anyone with a complaint about his or her experience with the Mediator     is encouraged to first raise that concern with the Mediator and to seek    direct resolution of the problem.   

      (c) No peremptory challenges of the Mediator will be permitted.

      (6) Inquiries Concerning Mediation And Evaluations; Availability Of Local     Court Rules.

      When the Mediator receives an inquiry regarding the policies and procedures relating to mediation or evaluations, the Mediator will inform       the inquiring individual of the policies and procedures provided by these       Local Rules of Court.  The Mediator will maintain a copy of these Rules      for public reference.

 

C.   Family Code §3111 Evaluations.

 

      (1) No Agreement, And Physical Custody An Issue.  

When mediation does not achieve full agreement and physical custody continues to be an issue, the Mediator may recommend that a Family Code §3111 custody evaluation be performed.

      (2) Physical Custody Evaluations: Family Code Section 3111 Procedures.

      (a) In General.  The Court may order a Family Code §3111 evaluation     whenever the parties are unable to agree upon a physical custody plan

      for their child(ren).  An evaluation is an assessment of the child(ren),      their needs, and the ability of each parent to meet those needs.  An    evaluator will gather relevant information and prepare a report for the     Court that may recommend a physical custody plan.  Pending the results of     the evaluation, the Court may make temporary custody and/or visitation     orders.

(b) Section 3111 Evaluation.  A Family Code §3111 evaluation involves separate in-office (or in some cases telephonic) interviews by the evaluator with the parents, an opportunity for the parents to submit written documents to the evaluator, and the evaluator’s personal or telephone contact with whomever the evaluator deems appropriate.  Whenever possible, a §3111 evaluation will include interviews of both parents, unless a parent has refused to participate or is not available.  A §3111 evaluation may also involve interviews with the child(ren) if the evaluator deems such interviews to be appropriate.  In addition, the evaluator will perform (or arrange) a home-study of each parent’s residence.  There may be follow-up interviews with the parents and/or child(ren) as more information is gathered.  All specific allegations will be addressed individually in the written report.        

      (c) Cost Of Evaluation.  Responsibility for payment of the costs associated with evaluations must be determined, and all fees paid, prior    to commencement of the evaluation.  The Court will order payment according   to the Court’s assessment of ability to pay.  Generally, fees are not       waived for these evaluations.  The evaluation does not begin until the   fees are paid in whole.

      (d) Evaluator’s Report.  At the conclusion of an evaluation, the evaluator    will submit a written report and recommendation to the Court, along with     all documents that have been provided.  The evaluator will distribute    copies of §3111 reports to the Court, to counsel, and to self-represented       parties.  The reports will not be distributed to the minor child(ren).   The original report will be maintained in the Court's file under seal,       accessible only to the attorneys for the parties in the proceeding, or to       self-represented parties themselves.

(e) Evaluator’s Interview of Children.  When an evaluator conducts an interview with a subject child during a §3111 evaluation, the evaluator will explain to the child that there is no confidentiality of the proceedings as between the parties, their attorneys, the minor child, the evaluator and the Court, but that the report of the evaluator will be maintained under seal in the Court's file.

(f) The evaluator’s interview of a child may be conducted either privately or in the presence of a parent, at the evaluator’s discretion.  Siblings may be interviewed together or separately, also at the evaluator’s discretion.

 

13.06 Contested Trials:

 

      A.  Requirement: Resolution Of Custody And Visitation Issues Before Trial         Of Other Issues.

      Orders resolving custody and visitation issues in any pending action must     be obtained before any remaining issues will be set for trial except       where the Court, for good cause shown, excuses compliance with this requirement.  The procedure for resolving custody and visitation issues is    as follows:

      (1) Parties with a custody and/or visitation dispute must first attempt to    mediate the dispute through the Court Mediator.  At any settlement or     other pre-trial conference held pursuant to the filing of an at-issue      memorandum, the Court may order participation in mediation pursuant to      these Rules, and in such case the Court will calendar the matter for a      further conference on a date after the anticipated return of the

      Mediator’s report on the outcome of the ordered mediation.  Ordinarily,       the matter will not be set for trial prior to the Court’s receipt of the    Mediator’s report.

      (2) If mediation fails in whole or in part to resolve the parties'      dispute, the Court may make a temporary order concerning custody and     visitation, and may order an evaluation or recommendation by the Mediator    pursuant to Local Rule 13.05.A.

      (3) When the Court orders an evaluation, the evaluator will issue a     written report, after which, if necessary, a trial of the disputed custody and visitation issues will be conducted.  Except for good cause shown, no     trial date will be calendared until the evaluation has been completed and   the report filed.

      (4) Where mediation has failed and the Court has not ordered an   evaluation, counsel for the parties, or unrepresented parties, must meet and confer, and must attempt to stipulate to a Judgment or Order resolving      all contested custody and visitation disputes.  If the Mediator reports that the parties have failed to resolve outstanding custody and visitation disputes, a party may bring a motion to set these issues for trial.  The   contested custody and visitation issues must be tried prior to the filing     of an at-issue memorandum setting other issues for trial.

 

      B.  Custody Agreements.

      If the parties agree on terms for custody and visitation of a minor child     or children, they must file, not less than three (3) court days before the       hearing or trial, a signed written agreement setting forth in detail its     terms.

 

      C.  Family Law Case Management.

      (1) Purpose Of Rule.  

      The Court has implemented case management procedures in order to promote      the prompt disposition of family law actions, and to reduce the stress and cost of family law litigation by offering status reviews, early resolution     of issues, and opportunities to settle.

      (2) Case Management Conferences.  

      The Clerk of the Court will issue a notice for a calendared case management conference in all cases at the filing of the initial petition.   The petitioner is responsible for serving a copy of the Notice of case      Management Conference on other litigants, and providing the Court with a    proof of service of same. 

      (3) Further Case Management Conferences.  

      At the case management conference, the Court may set further case       management conferences and may consider other case management options pursuant to Family Code §2451.

 

      D.  Trials And Mandatory Settlement Conferences.

      (1) Purpose Of Rule; Duties Of Counsel.  

      The purpose of this Rule is to ensure that contested Family Law actions       are thoroughly prepared and expeditiously tried, and to avoid use of the    trial itself as a vehicle for pretrial, deposition, discovery, and      settlement procedures.  The Court encourages counsel and unrepresented      parties to confer with one another, in good faith, prior to the settlement       conference, with the mutual goal of resolving issues whenever feasible and      of delineating those issues which remain be resolved by the Court.

      (2) Relief From Rules; Sanctions For Non-Compliance.  

      Relief from the operation of these Rules relating to contested trials may     be obtained in appropriate cases, but only on motion and for good cause    shown.  Either side may move to strike the at-issue memorandum, the trial       documents, or the statement of issues, upon the ground that such document      was not prepared and filed in good faith but, instead, is being utilized    as a means of avoiding the operation of these Rules.  Sanctions against     the offending side may be ordered as permitted by law. (CRC Rule 2.30; CCP       §575.2.)

      (3) Compliance With Other Rules.  

      Filing of the statements referred to in these Rules will be deemed as   compliance with all California Rules of Court, or other Local Rules, that   might require filing of a pre-trial statement or settlement conference statement.

      (4) At-Issue Memorandum.

      (a) No contested case will be set for trial until an at-issue memorandum      has been filed.  No at-issue memorandum may be filed prior to resolution   of any and all custody and/or visitation matters in the case, absent a       court order to the contrary.  No at-issue memorandum will be accepted for     filing in any action unless it includes a true and accurate declaration    1) that there are no children who may be subject to the Court’s       jurisdiction in the action; 2) that there are no unresolved custody and       visitation issues in the case; or 3) that the Court has excused   compliance with this provision.

      (b) The at-issue memorandum must be served upon all interested parties pursuant to Code of Civil Procedure §1005(b), and when filed must be    accompanied by a proof of service complying with Code of Civil Procedure    §1013a, before the Court will set a mandatory settlement conference or      trial date.  Any party who believes that the case is not ready to be set   for trial may file a motion to strike the at-issue memorandum.

      (5) Trial Documents.

      (a) The party who has filed the at-issue memorandum must serve and file,      either with the at-issue memorandum or no more than thirty (30) days prior     to the filing thereof, the following documents: 1) a completed current    “Income and Expense Declaration” [Judicial Council Form FL-150]; 2) a      completed current “Property Declaration” [Judicial Council form FL-160];   and 3) a “Declaration Regarding Service of Final Declaration of       Disclosure” [Judicial Council form FL-141].

      (b) The responding party (party who did not file the at-issue memorandum)     must serve and file his or her trial documents, as specified in the    previous sub-part, no later than twenty (20) days after service of the at-  issue memorandum if served personally, or twenty-five (25) days if served     by mail.

      (c) The Court will set the date and time for trial and the Court Clerk will certify mailing of notice to the parties, or to counsel if    represented.  With the trial setting, the Court, in its discretion or if requested by either party, will set a mandatory settlement conference   prior to the trial date.

      (6) Settlement Conference.  

      Counsel and the parties must personally appear for a mandatory settlement       conference.  Counsel and the parties must participate in good faith in the       settlement conference.

      (7) Statement Of Issues, Contentions, And Proposed Disposition Of The         Case.  

When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues” or “settlement statement”) at least twenty (20) days prior to the trial date or at least ten (10) days prior to the settlement conference if one is set.  Failure by both sides to do so will result in the matter being dropped from the settlement conference calendar or trial calendar.  Failure by one party to file a statement of issues as required will permit the complying party to vacate the trial or continue the cause, and may result in the imposition of monetary sanctions to the extent permitted by law.  The statement of issues required by this Rule must cover all contested matters to be raised at trial, including, without limitation, a concise statement of all contested legal and factual issues or matters, the relative positions of the parties as to contested issues (along with the legal and factual basis therefor), and the proposal of the party for resolution of each contested issue by the Court.

      (g) Attorney Fees, Expert Fees, And Costs:

      (i) Summarize all existing Orders.

      (ii) List amounts paid by a party on account of the other party’s attorney    fees, expert fees and costs and balances due for such fees and costs.

      (iii) List amounts paid by a party on account of his or her own attorney      fees and costs and balances due for such fees and costs.

      (iv) If a party is requesting attorney fees, set forth the amounts      received by the requesting party from the other party and the additional    amounts requested.  If the request exceeds $1,000 for attorney fees, it    must be supported by a declaration by the attorney for the party setting      forth the nature and extent of professional services rendered and the attorney’s most recent statement of account to the party.

      (v) If the request is for costs, it must be supported by a declaration setting forth the nature and amount of the costs incurred.

      (h) Documents, Schedules, Summaries, And Experts’ Reports:

      (i) Attach copies of all appraisals, expert reports and/or computer     generated support calculations to be offered at time of trial.

      (ii) The written report of an expert or the computer-generated support

      calculations will be received in evidence, without foundation, unless, at     or before the settlement conference in the matter, the opposing party or

      counsel demands the expert’s presence at trial.  Said demand must be in

      writing.  For short cause matters in which no settlement conference is held, the written demand must be made no later than fifteen (15) days       prior to the trial date.

      (iii) Failure to comply with this provision may result in an order      precluding the testimony of the expert witness at the time of trial.

      (i) Other Witnesses:

      (i) Set forth the name and address of any other witness whom a party    intends to call at the time of trial, and the general substance of the      testimony to be given.  Rebuttal witnesses must be disclosed as they       become known.

      (ii) Failure to comply with this provision may result in an order       precluding the testimony of the witness at the time of trial.

      (j) Points And Authorities; Legal Arguments:   

      A brief summary of the points and authorities or legal arguments on which     a party intends to rely must be set forth in the numbered paragraph of the      Statement to which they are relevant.

      (k) Income And Expense Declaration:

      A current Income and Expense Declaration (Mandatory Judicial Council Form     FL-150) must be completed, executed by the party, and attached to the     Statement.  A party may not rely on a previously filed Income and Expense   Declaration unless it was filed less than sixty (60) days prior to the filing of the Statement and there have been no changes since the previous

      filing.  If a party is relying on a previously filed Income and Expense       Declaration, a copy of that IED and the party’s two (2) most recent pay       stubs or most recent profit and loss statements must be attached to the    Statement.  Parties are referred to Rule 13.04 for the Court’s    requirements on financial issues.

      (l) Proposal for Disposition:

      (i) A complete proposal for the disposition of each item of property

      (including debts) must be submitted, and if the proposed disposition is       not substantially equal, the Statement must include a proposal for    equalizing the disposition.  A statement that property will be divided       equally is not sufficient.

      (ii) If the proposal for disposition includes a request that the ultimate

      disposition of an item of property be deferred, state all the facts upon

      which a party intends to rely in support of the request for deferring

      immediate disposition.

      (8) Trial Brief.  

      Trial briefs are not required.  If utilized, however, a trial brief must      be served and filed no later than five (5) court days prior to the trial.

      (9) List Of Exhibits.  

      A list of exhibits (not the exhibits themselves) must be lodged with the      Court at time of trial.  At least five (5) days prior to trial, the parties must exchange legible copies of any and all exhibits that each party reasonably anticipates will be introduced at trial.  Only disclosed exhibits may be offered at trial, except for good cause shown.  The       parties are encouraged to have their exhibits pre-marked.

 

      E.  Guidelines Applicable To The Evaluation Of The Community’s Personal       Property.

      (1) Motor Vehicles.  

      If there is a dispute as to the value of a motor vehicle, the value     generally will be fixed at the mid-point between the high and low value    shown in Kelley's Blue Book, unless the circumstances show that a      different valuation should be made.  Counsel should attempt to agree on     the value of a vehicle in advance of trial.  Copies of the appropriate       pages of the Blue Book (or Web pages) relied upon by counsel must be       attached to the trial statement or response thereto.

      (2) Furniture, Furnishings And Tools.  

      With regard to valuation of normal furniture, furnishings, and tools, the     age of the items is much more important than initial purchase price or the     replacement cost.  The test is the fair market value of the items as of the date of trial. (Note: in general, used furniture has a low value on   the open market).

      (3) Unusual Items. 

      When there are subject assets of an unusual nature such as oriental rugs,     antiques, custom or rare jewelry, works of art, and handcrafted items,      then the parties should endeavor to agree upon a qualified appraiser for      such items, and to agree and stipulate that the report of the appraiser    will be admitted into evidence without the necessity of the appraiser’s   personal appearance at trial.

 

      F.  Alternate Valuation Date (Date Other Than Trial).

      A party who seeks a valuation date for community property that is not the     date of trial must serve and file, not less than thirty (30) calendar days      before the trial date, a notice of motion for alternate valuation date.

 

      G.  Continuance Of Trial.

      Continuances of trial dates are subject to the Local Civil Rules relating     to the continuances of civil trials.  Any continuance so granted may be subject to rescheduling by the Court of any settlement or other pre-trial conference, and to the requirement of an updated statement of issues and     contentions, to be filed and served prior to the new trial date in     accordance with these Rules.

 

13.07 Judgments By Default And Uncontested Dissolutions:

 

      A.  Default Judgments.

      (1) In General.  

      To obtain a default judgment of dissolution, of legal separation [Family      Code §2336], or for nullity [Family Code §2211], the petitioner must file    a request to enter default, accompanied by the original summons and a    completed proof of service of the summons (if not previously filed).  When the Court’s file contains evidence of proper service of the summons, and   no responsive pleadings have been filed within the allotted time to     respond, the Clerk of the Court will enter the respondent's default.

      (2) Special Requirements: Default Judgment For Dissolution Or Legal           Separation.  

      After default of the respondent has been entered, the petitioner must file    a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation.  A       party may not request orders in the judgment beyond the relief requested      in the petition, except that if there are minor children, the Court will      have and retain jurisdiction to order child support whether or not it was so requested. [Family Code §4001.]

      (3) Special Requirements: Default Judgments For Child Custody, Visitation,    Or Support.

      When a child custody, visitation, or support order is requested in a    default proceeding, the moving party must state on the declaration for    default, or on attachments thereto, the following:

      (a) Date of parties' separation;

      (b) Custodial arrangement since separation;

      (c) Extent of contact between the child(ren) and the non-custodial parent;

      (d) If the moving party seeks to deny visitation to the defaulting party,     a statement of the reasons;

      (e) The amount of child support sought, the basis for the amount sought,      and, if available, the computer print-out of the guideline support proposed;

      (f) If the moving party seeks to waive child support, or to reserve that      issue, then that party’s reasons for such must be set forth.

      (g) If child support has been ordered in another Superior Court   proceeding, then the moving party must disclose that fact to the Court,    and must state the case number of the other proceeding, if known.

      (4) Income And Expense Declaration.  

      A fully-completed form income and expense declaration must be submitted       where any one of the following orders is requested in a default       proceeding: child support or waiver of child support, spousal support (except where a party reserves the Court's jurisdiction to award spousal       support in the future), waiver or termination of spousal support in a      long-term marriage (ten (10) years or more between the date of marriage       and the date of separation), family support, or attorney's fees or costs.     The declaration shall include the submitting party's best estimate of the   other party's income.

      (5) Property Declaration.  

      If there are assets and/or debts to be disposed of by the Court in a    default proceeding, the petitioner must submit a completed property       declaration that proposes the division of said assets and/or debts, as    well as proof of service of the disclosure declaration. (Family Code     §2106.)

 

      B.  Form Of The Proposed Default Judgment.

      The party requesting a default judgment, or the party’s attorney, must prepare the formal judgment.  All proposed provisions relating to child       custody, visitation, child support, attorney's fees and costs, property,   and injunctive orders must be set forth in the formal judgment, either by      attaching and incorporating a copy of the parties’ marital settlement

      agreement addressing these issues, or by attaching continuation pages   containing the orders the party has requested.

      (1) Child Support Orders Where Custodial Parent Is Receiving Temporary          Assistance To Needy Families.

      When a party wishes to obtain a child support order by default and the

      custodial parent receives Temporary Assistance to Needy Families (“TANF”),    the designated child support agency must be served by mail with notice of   the request.  All such orders for child support must specify that payments    will be made to the designated support agency.

      (2) Spousal Support Orders.  

      The petitioner must address the issue of spousal support for both parties     in the proposed judgment.  The petitioner may request that spousal support     be ordered for either party, that the Court terminate its jurisdiction to   award spousal support to either or both parties, or that the Court reserve jurisdiction to award spousal support in the future to either or both    parties.  All orders for spousal support must state the amount of support,       the dates payable, and, unless there is an agreement to the contrary, that    support will terminate on the death of either party or on remarriage of   the supported party.  A marriage of ten (10) or more years is     presumptively a long-term marriage.  In a long-term marriage, the     petitioner may not automatically waive the right to receive spousal       support, or terminate the respondent's right, absent a showing of an    ability of the party to support him or herself.  The petitioner must       complete and file an Income And Expense Declaration listing both parties’       incomes. (Comment: If spousal support is not requested in the petition,    the Court may not have jurisdiction to make orders regarding such support,     and the right of the requesting party to seek a spousal support may then       be terminated.)

      (3) Property Orders. 

      All real property referred to in the judgment must be identified therein      by its complete legal description and common address.

      (4) Attorney's Fee Orders.  

      Any request for an award of attorney's fees in an amount greater than   $750.00 must be supported by a factual declaration indicating the amount    of time the attorney spent on the case and the attorney's hourly rate.      Alternatively, the matter may be set for a contested hearing on this     issue.

      (5) Restraining Orders.  

      Any and all restraining orders must be stated in the body of the judgment     and must include the date of expiration.

      (6) Termination Of Marital Status.  

      The martial status for all dissolutions will terminate no less than six       (6) months and one (1) day from the date the Court acquired jurisdiction    over the respondent (or the next court day where said date falls on a     court holiday or weekend).  If a judgment is not presented for the Court’s       approval until after the six months has lapsed, marital status will   terminate on the date that the Court signs the judgment.  In this instance, the petitioner may leave the termination date blank on the    proposed judgment. (Note: proposed judgments for legal separation must not       state a termination date.)

      (7) Notice Of Entry Of Judgment.  

      The petitioner must submit, together with the proposed judgment and any       forms required above, an original and two copies of the form “Notice of       Entry of Judgment”.  The petitioner must also submit two (2) first-class   postage prepaid envelopes, addressed to the parties as listed on the notice of entry of judgment.

 

13.08 Uncontested Judgments Pursuant To Stipulation:

 

      A.  Approval Or Incorporation Of Property Settlement Agreement.

      No property settlement agreement will be approved by the Court or       incorporated by reference in an uncontested judgment unless all of the      following requirements are satisfied:

(1)    Agreement.  

The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, and provides that the agreement may be presented for Court approval and incorporation, or both parties and their respective attorneys, if any, have endorsed their approval of the

      agreement on the stipulation for judgment.

      (2) Signature By Counsel; Acknowledgment Of Party If Self-Represented.

      (a) If both parties are represented by counsel, the agreement has been signed by both attorneys;

      (b) If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding     the agreement, but has declined to do so;

      (c) If neither party is represented by counsel, any party who has not   appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney.

      (3) Service of Disclosure Declarations.  

      Proofs of service of the disclosure declarations required by Family Code      §2105 have been filed.

 

      B.  Notice Of Entry Of Judgment.

      The moving party must submit, together with the proposed judgment and any     forms required above, an original and two (2) copies of the form “Notice      of Entry of Judgment”.  Petitioner must also submit two (2) first-class       envelopes, postage prepaid, addressed to the parties as listed on the       notice of entry of judgment.

 

13.09 General Procedure For Default And Uncontested Cases Pursuant To Family        Code Section 2336:

 

      A.  Submission To The Court.

      (1) Normal Procedure.  

      Requests for entry of a default or uncontested judgment of dissolution,       legal separation, or nullity will be submitted to the judicial officer after receipt by the Clerk of the Court.  Thereafter, the judicial officer       will do one of the following:

      (a) Sign the proposed judgment;

      (b) Return the documents to the party with a request for correction or additional information; or

      (c) If the case presents issues on which a record should be made, set the     matter for hearing.  The moving party will be notified in cases where a hearing is required.

 

      B.  Default And Uncontested Status-Only Judgments; Bifurcation By Notice          Of Motion.

      Pursuant To Stipulation Or Default.  

      A "status-only" judgment (sometimes referred to as a “bifurcated”       judgment) may be granted pursuant to stipulation or default.  Where the   Court has entered a default pursuant to Family      Code §2336, the petitioner    may request termination of the marital status by submitting an ex parte    application and supporting declaration for bifurcation, along with the    proposed judgment, three (3) notices of entry of judgment, and two (2)       first-class mail, postage prepaid envelopes addressed to the parties as       listed on the notice of entry of judgment.

     

13.10 Family Law Facilitator:

 

      A.  Appointment; Authority For Duties And Conduct.

      The Court has appointed a Family Law Facilitator pursuant to Family Code      §10000, et seq., “The Family Law Facilitator Act”.  The Facilitator’s     services are provided by the Court at no cost to the parties.  The       Facilitator’s duties and conduct are governed by the Family Law       Facilitator Act.

 

      B.  Additional Duties.

      In addition to the services provided by the Family Law Facilitator      pursuant to Family Code §10004, the Court designates the following      additional duties prescribed by Family Code §10005, which may be    implemented by the Court Facilitator at the direction of the Court   Executive Officer, upon the Executive Officer’s determination that funding    is available, without further notice:

      (1) Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to §10012 (actions       in which one or both of the parties are not represented by counsel will     have priority);

      (2) Drafting stipulations to include all issues agreed upon by the      parties, which may include issues other than those specified in §10003;

      (3) If the parties are unable to resolve issues with the assistance of the    family law facilitator, then prior to or at the hearing, and at the      request of the Court, the Facilitator will review the paperwork, examine documents, prepare support schedules, and advise the Court as to whether      or not the matter is ready to proceed;

      (4) Assisting the Court Clerk in maintaining records;

      (5) Preparing formal orders consistent with the Court's announced order in    cases where both parties are self-represented;

      (6) Serving as a special master in proceedings, and making findings to the    Court, unless the Facilitator has previously served as a Mediator in the       case.

      (7) Providing the services specified in Division 15 (commencing with    Family Code §10100);

      (8) Providing the services specified in Family Code §10004 concerning the     issues of child custody and visitation as they relate to calculating child support.

 

      C.  Further Additional Duties.

      If staff and other resources are available, and the duties listed in    subdivision 14.10.B have been accomplished, the duties of the Family Law      Facilitator may also include the following:

      (1) Assisting the Court with research and any other responsibilities that     will enable the Court to be responsive to the litigants' needs.

      (2) Developing programs for the Bar and community outreach through day and    evening programs, videotapes, and other innovative means that will assist       self-represented and financially disadvantaged litigants in gaining meaningful access to Family Court.  These programs may include information    concerning under-utilized legislation, such as expedited child support     orders (Chapter 5, commencing with §3620, of Part 1 of Division

      9), and pre-existing, Court-sponsored programs such as supervised       visitation or the appointment of attorneys for children.

 

      D.  Duties Beyond The Scope Of Family Code §10000.

      To the extent that local court budget is provided for the purpose, the Family Law Facilitator may assist parties in matters not specifically designated in Family Code §10000, et seq., including but not limited to:    dissolution of marriage, legal separation, nullity, matters arising out of the Domestic Violence Prevention Act, guardianship, stepparent and kinship     adoption, name change, emancipation of minors, and civil harassment       restraining orders.  Additional types of service may be added at the    direction of the local court administrator without further notice.

 

 

      E.  Referral By The Court.

      If the Court determines that it would be of assistance to the parties in a    Family Law proceeding, the Court may refer the parties to the Facilitator,     and continue any hearing that may be pending.

 

 

CHAPTER 14: PROBATE RULES

 

14.01 Settings And Assignments:

 

      Settings And Assignments.

(1) At the time of its filing, every pleading that requires a hearing will be set on the regular calendar for that type of proceeding.  As of the effective date of this Rule, the conservatorship and guardianship calendar is heard on Mondays at 9:30 A.M.; the probate calendar is heard on Mondays at 10:00 A.M.  Because the day and hour reserved for these calendars may change from time-to-time, counsel are advised to consult the Clerk before requesting a specific setting.

      (2) The attorney or self-represented party who files the pleading may   select the initial hearing date, as long as the setting permits sufficient   time for service of appropriate notice.

      (3) Any request for an earlier setting than would normally be allowed must    be presented to the Court pursuant to the Local Rules governing orders     shortening time.  Note: mere convenience or inconvenience of counsel is       insufficient justification for such request.

 

14.02 Filing Of Documents And Review Prior To Hearing:

 

      Filing Documents For Calendared Matters.

      Except for good cause, all documents in support of a pleading must be   filed with the Clerk of the Court no later than five (5) court days before       the calendared hearing thereon.  This Rule applies, but is not limited, to   affidavits of publication, proofs of subscribing witnesses, waivers of   account, receipts, inventories, reappraisals for sale, agreements for

      in-kind distributions, proposed orders, and similar papers.  At the     Court’s discretion, documents that are not filed in a timely manner may   not be considered before or during the hearing, and the matter may be       continued, denied without prejudice, or ordered off calendar.

 

14.03 Execution And Verification Of Pleadings:

 

      Probate pleadings must be executed and verified as required by Chapter 2      of Division 3 of the Probate Code (commencing with Section 1020) and       Chapter 3 of the Probate Rules of Court (commencing with Rule 7.101).

 

14.04 General Notice Requirements:

 

      A.  Notices Generally.

      These Rules do not increase or reduce the statutory notice requirements       with respect to probate matters brought before the Court.

 

      B.  Burden Of Proving Proper Notice.

      It is the responsibility of the petitioner or his or her attorney, and not    the responsibility of the Court Clerk, to give notice of any proceeding     requiring notice, or cause it to be given, and also to file the proper     proof of service of such notice.

 

      C.  Service Of The Petition In Addition To Notice.

      When notice of any petition or other application is served on a person requesting special notice, or if the petition is for approval of the   accounting of a testamentary trustee, then a complete copy of the      petition, along with any supporting papers, must be served with each notice of hearing.  If the fiduciary or attorney is requesting       extraordinary fees or compensation (i.e., fees or compensation other than     the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties.  When service of a copy of the petition is

      required, the proof of service of notice must also show service of the copy.

     

14.05 Probate Orders And Decrees; Ex Parte Applications; Nunc Pro Tunc Correction Of Clerical Error:

 

      A.  Orders And Decrees.

      (1) Form Of Orders.  

      Probate orders or decrees must be prepared by counsel or the self-      represented petitioner, unless otherwise ordered by the Court.  All     probate orders or decrees must be complete in themselves (i.e., they must be worded so that their general effect can be determined without      reference to the petition on which they are based).  Orders and decrees     must set forth the date of hearing, the Court’s findings, the relief

      granted, and the names of persons, and descriptions of property or amounts    of money, that are affected by the order, all with the same particularity   as is required of judgments in civil matters.  Some printed forms of orders or decrees are designed to permit the attachment of supplemental    material.  If such form is utilized, attachments will be permitted.

      (2) Judicial Signature. 

      The place provided for the judicial signature must appear at the end of       the order or judgment.

      (3) Submitting Proposed Orders.  

      If the parties wish to obtain formal orders on the date that the matter is       calendared for hearing, then the proposed orders must be submitted to the     Clerk at least five (5) court days before the hearing.

      (4) Orders for Continuing Payments.  

      All proposed orders for continuing payments must provide that the payments    will commence on a date certain and will continue until a) a date certain    or b) for a specified period.  The Court will not make orders that require continuing payments to run “until further order”.

      (5) Orders Distributing Estate to Trustee.  

      Orders calling for distribution of estate assets to the trustee of a    testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in a manner that will give effect to existing conditions at the time distribution is ordered.  Pertinent provisions must be set forth in the present tense and third person.

 

      B.  Ex Parte Applications For Orders.

      (1) In General.  

      Applications for orders may be made ex parte unless a statute or Rule   requires notice, and must be made as set forth in Local Rule 3.03.

      (2) Form Of Order.  

      Except for form petitions and orders approved by the Judicial Council or      this Court, all applications for ex parte orders must be accompanied by a    separate proposed order, complete in itself.  It is not sufficient for such order to provide merely that the application has been granted.

      (3) Special Notice. 

      All applications for ex parte orders must contain an allegation that no       special notice has been requested, or an allegation that any requested    special notice has been waived (with identification of the persons      requesting special notice).  Any waiver of special notice must be filed with the application.

      (4) Sales Of Property.  

      Ex parte petitions for orders for sale of stock or personal property must     allege whether or not the property is specifically devised.  If so, the consent of the specific devisee must accompany the petition.

 

      C.  Public Administrator.

      The Public Administrator of Modoc County is the District Attorney, whose      offices are located at 204 S. Court Street, 2nd Floor, Alturas, California       96101 (mailing address: P.O. Box 1171, Alturas, CA 96101).  In all cases   where it appears the Public Administrator may have priority to serve as     personal representative of an estate, notice to the District Attorney must       be given.

 

      D.  The Petition For Probate.

      (1) Allegations Re Heirs and Beneficiaries.  

      In addition to the required allegations (set forth in Probate Code §8002)     in the petition for letters or for appointment, the petition must include      the following information:

      (a) As to the actual or nominated trustee of a trust that is a beneficiary    of the decedent’s estate, said trustee must be listed by name and title as     a devisee or legatee, and, if a sole trustee is also the personal     representative of the estate, the individual beneficiaries of the trust    must be listed in the petition and be given notice of the proceedings.      [Probate Code §1208.]

      (b) When a beneficiary of the estate has died, notice must be given as required by Rule 7.51(e) of the California Rules of Court.

      (c) As to contingent heirs, devisees and legatees, all such persons must      be listed in the petition for probate or for letters of administration so   that each will receive notice by mail of the hearing on the petition.        This includes persons provided for in the will offered for probate, but   whose legacy has been revoked by a subsequent codicil.

 

      E.  Subsequent Petitions For Probate.

      Admitting Subsequent Wills And Codicils.  

      Every will or codicil not specifically mentioned in the original petition     must be presented to the Court by way of an amended petition or a second petition, and new notice thereof must be published.

     

      F.  Service Of Notice When Recipient’s Address Is Unknown.

      Reference: Rule 7.52 of the California Rules of Court.

 

      G.  Proof Of Written Will Or Codicil.

      (1) Attachment To Petition.  

      When a petition for probate of will and/or codicil is filed, a copy of the       document(s) being offered for probate must be attached thereto.

      (2) Proof Of Holographic Instrument.  

      If the will or codicil is handwritten and a photographic copy is attached,    then a typewritten copy of the text of the document must be attached as well.  Holographic instruments may be proved by an appropriate affidavit       or declaration setting forth the foundation upon which the declarant bases       his/her statement that the handwriting is the decedent’s.

      (3) Proof Of Formal Wills.  

In uncontested will proceedings, if the attestation clause of the testamentary instrument is signed under penalty of perjury, then the will or codicil is deemed to be self-proving and can be admitted to probate without proof thereof by affidavit or declaration.  If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131.

 

      H.  Bond Of Personal Representative.

      (1) Effect Of Bond Waiver.  

      If bond has been waived in the will or codicil, or if it is waived by all       beneficiaries of the will by way of duly executed and filed waivers of bond, then the fact that bond has been waived must be alleged in the       petition.

      (2) Bond When Independent Powers Granted.  

      When the personal representative is granted independent powers to sell real property or to lease it for a term of more than one year, the Court may require a bond that includes the equity value of the real property.

 

14.06 Appearance Of Counsel In Uncontested Matters:

 

      A.  Required Appearance At Hearing On Guardianship Or Conservatorship             Petition.

      The petitioner or the petitioner's attorney must appear at any hearing on     a petition for appointment of a guardian or conservator.

 

      B.  When Non-Appearance Allowed At Hearing On Petition.

      (1) Except as otherwise provided by law or these Rules, all verified    petitions in decedent’s estate matters will be deemed submitted without an     appearance, except that the attorney or petitioner must appear on a   petition for confirmation of sale of either 1) real property, or 2)   personal property valued in excess of One Hundred Dollars ($100.00).  As       used in this Rule, "verified" means verified by the petitioner as set   forth in Rule 15.04 hereof.

      (2) Before denying any petition where there is no required appearance, the    Court, at its discretion, will continue the matter to a future law & motion calendar in order to give the petitioner or counsel an opportunity to appear.  If there is no appearance or other response by the petitioner    or counsel at the continued hearing, the Court may drop the matter from

      the calendar. (Note: it is the responsibility of the non-appearing      petitioner or counsel to determine whether the matter has been approved or      continued.)

 

14.07 Required Matters In A Petition For Final Distribution:

 

      A.  Required In All Petitions For Final Distribution.

      In addition to items otherwise required by law, a petition for final    distribution must include the following matters, unless set forth in the       account and report:

      (1) A full and complete description of all assets to be distributed.  The       description must include all cash on hand, and must indicate whether or       not promissory notes are secured or unsecured.  If secured, the security    interest must be described.  Real property must include a complete legal     description.  Note: descriptions made by reference to the inventory and    appraisal are not acceptable.

      (2) Facts specifically showing the entitlement of each heir to the portion    of the estate to be distributed to that heir, including any information concerning predeceased children.

      (3) A computation of the attorney fees and representative commissions   being requested, even if an accounting is waived.  Where an accounting is     waived and the statutory compensation is based upon receipts during probate, the method of computation must be set forth, together with an      allegation that such receipts have been or will be reported on       fiduciary income tax returns for the estate.  Applications for       compensation for extraordinary services will not be considered unless the     caption and prayer of the petition, and the notice re distribution,       contain a reference to such application for extraordinary compensation.

      (4) A statement regarding payment of all taxes pursuant to Probate Code       §9650(b).

      (5) An allegation that all legal advertising, bond premiums, probate    referee’s fees, and costs of administration have been paid. (Note: the      final account will not be approved, and neither will a petition to terminate proceedings be granted, unless the Court is satisfied

      that all costs of administration, including charges for legal advertising,    have been paid.)

      (6) A schedule of claims showing the name of the claimant, amount claimed,    date presented, date allowed, and, if paid, the date of payment.  As to      any rejected claims, the date of rejection must be set forth, and the      original of the notice of rejection, with affidavit of mailing to the    creditor, must be filed.  Even if a claim has not been filed, the Court may approve payment of a debt if the accounting shows that such payment       was made in compliance with the requirements of Probate Code §9154.  Such     approval is discretionary with the Court, and must be justified by   appropriate allegations in a verified petition or by testimony in open       court. [Estate of Sturm (1988) 201 Cal.App.3rd 14.]

      (7) An itemization of costs for which counsel or the personal     representative has been paid or is seeking reimbursement.  Ordinary      overhead items, including but not limited to costs of duplication of documents, long distance charges, and automobile mileage, are not proper

      cost items.

      (8) A schedule showing the proration, if any, of taxes, fees, and costs.

      (9) In all cases where the character of property may affect distribution      of the estate, a statement or listing of which assets are separate       property and which assets are community property.

      (10) If distribution is to be made pursuant to an assignment of interest,     then the details of the assignment, including the consideration therefore,       shall be set forth in the petition, and the acknowledged assignment shall   be filed with the Court.

      (11) The names and current addresses of all persons who are affected by       the petition.  Each such person must be identified as an adult or a minor.

      (a) If property is to be distributed to a minor, the minor's present age      must be indicated.

      (b) If a trust is established in which property will be distributed to a       beneficiary upon reaching a given age, the petition must allege the     present age of the distributee.

      (12) If the distribution is to be made to a minor or an incompetent, then     facts showing compliance with Probate Code §3300, et seq., must be      alleged.  Alternatively, current certified copies of letters of    guardianship or conservatorship of the estate must be filed.

      (13) An allegation of compliance with Probate Code §9202 (notice of death     to the Director of Health Services), or an allegation that notice is not       required because decedent did not receive Medi-Cal services, or an     allegation that no claim can be made by the Director of Health Services     because decedent a) died before June 28, 1981; b) was under age 65; or

      c) was survived by a spouse, minor child, or disabled child.

      (14) An allegation of compliance with Revenue & Taxation Code §19513, if      the estate exceeds $1,000,000 and assets greater than $250,000 are    distributable to a non-resident.

      (15) A statement that complies with the disclosure requirements of Probate    Code §1064(a)(4), or an allegation that no family or affiliate   relationship exists between the fiduciary and any agent hired by the      fiduciary for probate purposes.

      (16) A Schedule of Graduated Filing Fee Information as required by Rule       7.552 of the California Rules of Court.

 

      B.  Terms Of Testamentary Trust.

      The terms of any testamentary trust must be set out in full in the      petition and in the order or decree, and not merely be incorporated by      reference.  Because the decree of distribution supersedes the will, the     terms of the trust must be set forth in the decree in a manner that will   give effect to the conditions existing at the time distribution is       ordered.  The pertinent provisions must be set forth in the present tense     and in the third person instead of by merely quoting the will verbatim, because the will in some instances may be in the future tense and/or the       first person, and may contain provisions that are no longer applicable.

 

      C.  Distribution To A Trust.

      If distribution is to be made to a trust, then either an acknowledged   statement by the trustee accepting the property under the terms of the   trust, or a petition by the executor or administrator for the designation   of a substitute trustee, must be filed with the Court.

 

14.08 Required Form Of Accounts In All Probate Proceedings:

 

      A.  Accounts In General.

      All accounts filed in probate proceedings, including guardianship,       conservatorship, and trust accounts, shall comply with Probate Code §§1060    et seq.  A suggested form of summary of account is set forth in Probate    Code §1061.

 

      B.  Waivers Of Accounting.

      A detailed accounting may be waived when all persons having a valid     interest in the matter have consented in writing.  Only waivers given by    competent adults are effective.  All waivers must be filed with the Court or endorsed on the petition.  The effect of full waivers is to make it   unnecessary to list the details of receipts and disbursements.  No

      other required matters may be waived.

 

14.09 Petition To Establish The Fact Of Death:

 

      A petition to establish the fact of death (to terminate a joint tenancy or    life estate) must be verified, and must have the following documents   attached as exhibits: 1) a copy of any instrument relating to any interest       in the property; and 2) a copy of the death certificate.

 

14.10 Attorneys Fees:

 

      In all petitions requesting attorney fees, both ordinary and      extraordinary, a specific sum (not merely a "reasonable amount") must be

      requested.

 

14.11 Non-Statutory (Extraordinary) Fees And Commissions:

 

      A.  Discretion Of The Court; and Standards For Consideration.

      (1) The award of extraordinary fees and commissions is within the       discretion of the Court.

      (2) The standards by which requests for extraordinary fees and commissions    will be measured are reasonableness, and benefit to the interested parties.  The Court will take into consideration the following:

      (a) Nature and difficulty of the services;

      (b) Results achieved;

      (c) Benefit to the estate, conservatee or ward;

      (d) Productivity of the time spent in performing the services;

      (e) Expertise and experience of the person requesting the fees;

      (f) Hourly rate for the person performing the services; and

      (g) Total amount requested in relation to the size and income of the    estate.

 

      B.  Contents Of Petition For Extraordinary Fees And Commissions.

      A petition filed under any provision of the Probate Code which requests       fees or commissions in excess of the authorized statutory compensation    must include: 1) a declaration by the attorney, personal representative,       trustee, or other fiduciary stating the services rendered, or to be   rendered, by each of them, itemized by date, time and service rendered; 2)      the amount requested for each item of service, together with the total   amount requested; and 3) a reference in the caption and prayer to the       additional fees.  In addition, the request for extraordinary fees and/or       commission must be included in the notice of hearing on the petition.

 

14.12 Guardianship Appointments:

 

      A.  Agency Investigations.

      (1) Referral.  

      All petitions for appointment of a guardian will be referred by the Court     for an investigation, pursuant to Probate Code Sections 1513 and 1513.1.       The investigation will be conducted by one of the following agencies, as      ordered by the Court: The Modoc County Family Court Mediator, the Modoc   County Probation Department, or the Modoc County Department of Social    Services.

      (2) Agency Copies. 

      When a petition for appointment of guardian is filed, the petitioner must     provide an additional copy of the petition and of all supporting documents      for transmittal by the Clerk to the appropriate investigating agency.    (Note: This requirement does not relieve the petitioner or counsel from    the responsibility of personally providing copies of the petition and     supporting documents to the agency.)

 

      B.  Appointment Of Temporary Guardian.

      (1) Ex Parte Applications.  

      Applications for appointment of a temporary guardian may be submitted ex      parte for determination by the Court, with or without an appearance by the petitioner or counsel.  If the petitioner or counsel wishes to appear on   the ex parte application, he or she must calendar and notice the matter      pursuant to Local Rule 3.03.

      (2) Hearings On Temporary Guardianships.  

      After a petition for the appointment of a temporary guardian of the person    of a minor is filed, the following hearings may be held, consistent with     the intent of Probate Code §2250:

      (a) A noticed hearing on an ex parte petition for appointment of temporary    guardian.  When it sets the noticed hearing, the Court may make other appropriate orders relating to the application.

      (b) A reconsideration hearing to be conducted on the regular guardianship     calendar within 30 days from the date of the ex parte order granting       temporary guardianship, for the purpose of reviewing the merits and the     status of the temporary guardianship.  At this hearing, the appropriate       investigative agency will provide the Court with a recommendation as to    whether or not the temporary guardianship should be continued or be       terminated.  More than one reconsideration hearing may be required.

      (3) Hearings On Petitions For General Guardian.  

      Petitions for appointment of a general guardian are set for hearing by the    Clerk of the Court, and normally are calendared for hearing six to eight   (6-8) weeks after the petition for general guardianship is filed.

(4) Notice Regarding Temporary Guardianships.  

The order appointing a temporary guardian will identify the agency that will conduct the   investigation, and the order will require that the temporary guardian give notice of the reconsideration hearing to the parents of the minor (this notice is in addition to the notice of hearing required by Probate Code §1511).  

 

14.13 Probate Conservatorship Appointments:

 

      A.  Public Guardian.

      The Public Guardian for Modoc County is the Modoc County Department of Social Services, 120 N. Main Street, Alturas, California 96101, telephone      (530) 233-6501.

 

      B.  Court Investigator.

      When a petition for appointment of a conservator is filed, the petitioner     must also submit a fully completed Judicial Council Form GC-330, “Order     Appointing Court Investigator”, for the Court’s approval, and must provide   the Clerk with an additional copy of that document for transmittal to the   Court Investigator after the appointment has been made.  For the same     purpose, the petitioner must submit an extra copy of the petition and all

      supporting documents to the Court Clerk at the time of filing. (Note: This       requirement does not relieve the petitioner or counsel from the   responsibility of personally providing copies of the petition and       supporting documents to the Court Investigator, and from giving the   Investigator notice of hearings on the petition.)

 

14.14 Blocked Accounts In Guardianships And Conservatorships:

 

      A.  Time Of Establishment.

      A request to deposit funds of a guardianship or conservatorship estate in     blocked accounts, for the purpose of reducing bond or otherwise, may be   included in the petition for appointment or made in a subsequent petition.

 

      B.  Type Of Account.

      All deposits into blocked accounts must be made into federally insured,       interest-bearing accounts, with no maturity date unless otherwise ordered by the Court.  If funds are to be placed in an account having a maturity    date, the applicant and counsel are cautioned that funds must also be       maintained in another account in an amount sufficient to pay reasonably foreseeable expenses (e.g., taxes) without incurring penalties or loss of

      interest.

 

      C.  Maximum Amount Of Deposits.

      The initial deposit into any one blocked account must not exceed Ninety       Thousand Dollars ($90,000).  In no event may more than One Hundred   Thousand Dollars ($100,000) be held in a single federally-insured depository.  If it becomes necessary to transfer funds to an additional     depository in order to comply with this Rule, prior approval of the Court       is required.

 

      D.  Proof Of Deposit Into Blocked Account.

      Within 30 days after an order for deposit into a blocked account is signed    by the Court, the trustee of the account must file a receipt from the    depository, evidencing the ordered deposit.

 

      E.  Withdrawals From Blocked Accounts.

      (1) Court Order Required.  

      Except when the terms of the order for deposit provide for automatic    withdrawal by the minor upon attaining majority, withdrawals of principal       or interest may not be made unless ordered by the Court.

      (2) Supporting Documentation.  

      Every application for an order to withdraw funds from a blocked account       must be verified.  The following documents must be attached to the application:

      (a) a certified copy of the birth certificate of the minor, and

      (b) either (i) an updated savings passbook or a statement showing all   deposits and withdrawals since the account was opened, or (ii) a letter from the depository identifying the account and setting forth the dates   and amounts of all deposits and withdrawals, along with the current balance.

      (3) Consent Of Minor.  

      If the minor is fourteen years of age or older, he or she (as well as the     guardian or trustee) must sign the petition.

      (4) Ex Parte Requests.

       A request for withdrawal from a blocked account may be made ex parte.

      (5) Parental Responsibilities; Withdrawals For The Payment Of Taxes.    Except for withdrawals to pay taxes on a minor's funds, petitions for withdrawals ordinarily will not be granted if either or both parents of   the minor are living and either is financially able to pay the requested    expenditure.  Except for petitions for withdrawals to pay taxes, a

      financial declaration by the parents or parent describing his, her, or their income and expenses must be attached to the petition (Judicial     Council Form 1285.50 is recommended).  Also, a statement regarding the minor's employment and income, if any, must be attached to the      application.  Copies of bills, statements, or letters related to the

      request also must be attached.  If the application is for payment of taxes    on the minor's funds, copies of the applicable tax returns must be       submitted with the petition, but must not be attached to the petition, and     must be marked "confidential".

      (6) Withdrawal For Purchase Of Vehicle.  

If the requested withdrawal is for the purchase of a vehicle, a copy of the proposed purchase/sale agreement must be attached to the petition.  The agreement must show the type of vehicle, year, purchase price, and whether the payment will be made in full or in specified installments.  Because the petition may be denied, a binding purchase/sale agreement must not be entered into before a court order is obtained.  In addition to the aforesaid agreement, a casualty insurance quote must be attached to the petition.  The quote must show that the minimum public liability coverage equals or exceeds the funds that will remain on deposit after the purchase, and the petition must identify the person or persons who will pay for the insurance.

      (7) Withdrawal For Medical Expenses.  

      If the request for withdrawal pertains to medical care for an accident or     other casualty, or for a legal matter, the petition must explain why the      expense is necessary and why it is not covered by insurance or other       resource.

      (8) Withdrawals For Reimbursement.  

      If the request is for reimbursement for an expense already paid, then   proof of payment (i.e., cancelled check or receipt) must be attached to    the petition.

 

14.15 Accounts of Guardians and Conservators:

 

      A.  Multiple Accounts In Guardianships.

      When a guardian accounts for the assets of more than one ward in the same       proceeding, the accounting for each ward must be set forth separately.

 

      B.  Final Accounts In Guardianships.

      The Court does not favor the waiver of final accounts by the ward, and generally will not approve a final report when the account is waived       unless the ward is present in court at the time of the hearing.

 

      C.  Notice Of Death To Director Of Health Services.

      Upon termination of a proceeding due to the death of the ward or conservatee, the final report and account must contain either an       allegation that notice of said death was provided to the Director of     Health Services (as required by Probate Code §215) or an allegation that   no such notice is required.

 

      D.  Order Dispensing With Accounting.

      If it appears likely that the estate will satisfy the conditions of     Probate Code §2628(b) throughout its duration, the Court may dispense with     an accounting.  Application for an order dispensing with accountings may    be made at the time of the appointment of the guardian or conservator, or   when the interim account is due.

 

14.16 Change Of Conservatee’s Address:

 

      The conservator must notify the Court of any change of the conservatee's       residence, within thirty (30) days of the conservatee's move, by filing a     notice of change of address with the Clerk of the Court.

 

14.17 Procedures Upon The Death Of The Ward Or Conservatee:

 

      A.  Required Notice To Court.

      The guardian or conservator must notify the Court, within thirty (30) days    and in writing, of the death of the ward or conservatee.

 

      B.  Termination Of The Guardianship Or Conservatorship Estate.

      If the ward dies before reaching majority, or upon the death of the     conservatee, the guardian or conservator must petition the Court to      terminate the estate and may, in conjunction with that petition, seek      allowance for claims against the estate and for disposition of the estate     if the estate is valued at less than $60,000 and can be disposed of

      pursuant to Probate Code Sections 13100 through 13111.  If the provisions     of §§13100 et seq. are utilized, the petition for termination and the      final account must include a declaration, pursuant to Probate Code §13101,     from each person entitled to distribution of the estate.

 

 

CHAPTER 15: JUVENILE DEPENDENCY RULES

 

15.01 General Applicability Of The Modoc County Local Rules Of Court To       Juvenile Dependency Proceedings:

 

      Except to the extent that there may be a conflict with the Rules in this      Section 16, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully       set forth at length, and are hereby made applicable to all juvenile    dependency proceedings in the Modoc County Superior Court.

 

15.02 Calendar Matters:

 

      A.  Dependency Master Calendar.

      The Court maintains a weekly master calendar for dependency proceedings.      However, cases assigned to that calendar may be subject to calendar change.

 

      B.  Detention Hearings In Dependency Proceedings.

      In general, detention matters in dependency cases will be set for hearing     at 1:00 P.M. each Monday, although they may be set otherwise on an as-    needed basis by the Clerk of the Court.  It is the responsibility of the detaining agency to give notice to the Clerk of the Court of any detention       matter to be heard on the calendar, by no later than 3:00 PM of the   immediately preceding court day.  If a dependency detention matter must be       heard at any time other than as set forth in this Rule 16.02.B, the     detaining agency must give notice to the Clerk of the Court

      by no later than 12:00 PM (noon) on the court day immediately preceding       the day of the proposed hearing, so that the Clerk can reserve a bench    officer, a reporter, and security personnel.  It is the responsibility of      the detaining agency to give timely notice of the date and time

      of any detention hearing to all parties and to all counsel who may have       been appointed.

 

      C.  Ex Parte Applications In Dependency Proceedings.

      Local Rule 3.03 regarding ex parte applications, including the date, time,    and manner of notice, applies to proceedings in the Juvenile Court.  No

      matter may be presented for ex parte consideration by the Court, except on    a showing of good cause, without prior notice to, or waiver by, counsel     for each party in accordance with these Rules, with the exception of    applications by counsel for funding for investigators or expert       consultants, or other matters as may be authorized or required by law.

 

15.03 Attorneys Representing Parties In Dependency Proceedings:

 

      A.  Adoption Of Rule.

      This Rule 16.03 is adopted to comply with Rule 1438(a) of the California      Rules of Court.

 

      B.  Competency Of Counsel; Required Experience And Education; Standards Of

          Representation And Caseload Guidelines.

      (1) Competency Of Counsel.  

      Every party in a dependency proceeding who is represented by an attorney      is entitled to competent counsel as defined by Rule 5.660 of the     California Rules of Court.

      (2) Experience And Education Of Counsel.  

      An attorney seeking appointment as counsel for a party or parties in    dependency proceedings must meet the experience and education standards      set forth by Rule 5.660 of the California Rules of Court.

      (3) Standards Of Representation.  

      An attorney representing a party or parties in dependency proceedings, and    the agents of that attorney, are expected to meet the standards of    representation set forth in Rule 5.660 of the California Rules of     Court.

      (4) Caseload Guidelines.  

Pursuant to Rule 5.660 of the California Rules of Court, the attorney for a child in a dependency matter must adopt caseload management practices that allow for effective performance of the duties required by CRC Rule 5.660, referenced above.

 

      C.  Appointment Of Counsel For Parents And Guardians.

      (1) Applications.  

      Applications by parents and guardians who seek appointed counsel in     dependency proceedings must be presented by oral request in open court, or   by oral or written request to the Clerk of the Court.

      (2) Appointment.  

      Upon application, or on its own after finding good cause, the Court will      appoint either a Modoc County Public Defender or a private attorney or law      firm to represent parents and guardians.

 

      D.  Appointment And Responsibilities Of Counsel For Children.

      (1) Appointment.  

      Pursuant to Rule 5.660 of the California Rules of Court, the Court will       appoint either a Modoc County Public Defender or a private attorney or law      firm to represent children in dependency proceedings.

      (2) Appointment Not Required.  

      An attorney for a child need not be appointed if the Court finds, in any      given case, that the child would not benefit from counsel because the   circumstances described in CRC Rule 5.660 apply to that child.  In   such case, the record will reflect the Court’s findings.

      (3) Responsibilities Of Counsel For Children.  

      An attorney for a child or children in dependency matters is specially charged with the duties and responsibilities set forth in Welfare &      Institutions Code §317(e).

      (4) Appointment Panel.  

      Attorneys for children and other parties in dependency proceedings will be    appointed by the Court from a panel maintained by the Clerk of the Court.   Said panel will be comprised of attorneys or law firms that meet the     requirements set forth in CRC Rule 5.660 and these Local Rules.  The   supervising Judge of the Juvenile Court will, from time-to-time and at    his/her discretion, require evidence of the competency of attorneys who       seek to be included on the panel from which dependency appointments are       made.

 

 

 

      (5) Notification Of Appointment.  

      The Clerk of the Court, by telephone call to an appointed attorney’s    business office, will notify counsel promptly upon appointment.

 

      E.  Special Appearances.

      Because the qualifications of attorneys who represent parties in juvenile       dependency matters are regulated by W&IC §317.6, and CRC Rule 5.660,    special appearances on behalf of attorneys who have been appointed pursuant to W&IC §317(d) are discouraged, especially in contested matters.   Special appearances will be permitted in the following circumstances only:       1) with the Court’s permission, upon a showing of good cause; or 2)

      when the matter is calendared only for setting of a future court date   (e.g., for setting a continuance or a contested hearing), in which case      counsel making a special appearance must know and be prepared to stipulate     to the available dates of appointed counsel.  

 

      F.  Compensation And Claims.

      (1) Compensation.  

      Appointed attorneys or agencies will be reasonably compensated for their      services and expenses, according to rates and schedules to be fixed by the       Presiding Judge of the Superior Court.

      (2) Claims For Compensation.  

      Claims for compensation by appointed attorneys or agencies must be      submitted in writing to the Judge of the Juvenile Court, or to such agency     as may be designated by the Court from time-to-time, in the form, and not   later than the time, prescribed in Local Rule 13.07.  Failure to comply     with these requirements may be deemed a waiver of the claim for and right   to reimbursement.  Properly submitted claims will be reviewed and, when       approved, will be forwarded to the County Auditor for payment.

 

      G.  Client Complaints.

      Complaints by or questions from a party in a dependency hearing regarding     his/her representation will be addressed as follows:

      (1) Initial Referral.  

      Complaints or questions will be referred initially, for informal resolution, to the agency, attorney, or law firm appointed to      represent the party.

      (2) Formal Resolution.  

      If the party was not represented by an appointed agency, attorney, or law     firm, or if the issue remains unresolved after referral to the appointed   agency, attorney or law firm, the party may submit his/her complaint or       question, in writing, to the Presiding Judge of the Superior Court.  In    most cases, the Court will conduct its own review of the complaint or      question, and take appropriate action if required as the Court may deem       appropriate.

 

      H.  Information Received By The Court Concerning The Child Or The Child’s         Interests.

      If the Court receives information from some person other than the attorney    for a child, regarding any interest or right of the child, the Court may      provide that information to the child’s attorney and direct the attorney       to investigate the matter further and to report his/her findings to the   Court.  If the child has no attorney and such information is brought to     the Court’s attention, the Court may appoint an attorney for the child for     the purpose of investigating and reporting on the information.

 

 

15.04 Court-Appointed Special Advocate Program:

 

      A.  Designation Of The Local CASA.

      The organization “Choices for Children” is designated as the Court-     Appointed Special Advocate (“CASA”) program for Modoc County.  This   designation will remain in effect until terminated or modified by the       presiding judge of the Superior Court.  The designated CASA program must report regularly to the Superior Court with evidence that it is operating   under the guidelines established by the National CASA Association and by

      Rule 5.655 of the California Rules of Court.

 

      B.  The Advocate Program.

      (1) Request For Appointment.  

      A request for appointment of a child advocate in dependency proceedings       may be made orally or by written application in open court, or ex parte by     any interested person, or by the Court on its own motion.  After approval by the Court, the referral shall be forwarded to the CASA program’s office       for screening and assignment.

      (2) Officer Of The Court.  

      An advocate is an officer of the Court and is bound by these Rules.  Each     advocate will be sworn in by a Superior Court Judge before beginning       his/her duties, and must subscribe to the written oath required by the   Court.  The duties and responsibilities of a child advocate are set forth in Welfare & Institutions Code Section 356.5.

      (3) Specific Duties.  

      The Court will, in its initial order of appointment and/or in subsequent      orders, specifically delineate the advocate’s duties in each case.  Such duties may include conducting an independent investigation of the circumstances of the case, interviewing and observing the child as well as      other individuals where appropriate, reviewing pertinent records and       reports, and recommending visitation rights for the child’s grandparents,       siblings, and other relatives.  The advocate shall report the results of      his/her specific duties directly to the Court.

      (4) Required Reporting Of Child Abuse.  

      A CASA advocate is a mandated child abuse reporter with respect to the case to which he/she has been assigned. (CRC Rule 5.655.)

      (5) Advocate’s Right To Timely Notice.  

      The designated CASA organization shall be given timely notice, by the   moving party, of any motion concerning a child for whom a CASA advocate   has been appointed.

      (6) Advocate’s Right To Appear And Be Represented.  

      An advocate has the right to be present and to be heard at all court    proceedings involving the subject child, and to accompany the child into      chambers for conferences.  The advocate will not be subject to exclusion   by virtue of the fact that he/she may be called to testify at some point     in the proceedings.  An advocate has the right to appear with counsel and to request court-appointed counsel if the need arises.

      (7) Transition From Dependency To Delinquency.  

      Current CASA cases involving children facing crossover from dependency status to delinquency status will transition with the child pursuant to     Rule 5.655 of the California Rules of Court.  The advocate will   provide     input to the Court at least five (5) days prior to the Delinquency   Disposition Hearing when the 241.1 Protocol is initiated.

      (8) Visitation Throughout Dependency And Delinquency.  

      The advocate must visit the child regularly until the child is in a     permanent placement.  Thereafter, the advocate must monitor the case as     appropriate until it is dismissed.

 

      C.  Education Advocacy; Release Of Information To Education Advocate.

      (1) Appointment.  

      The Court, upon the request of any interested person or upon its own    motion, may order the appointment of a specific suitable person from the      CASA Program to serve as an education advocate in a designated juvenile     dependency case.

      (2) Duties.  

      The appointed Education Advocate shall act as an education consultant to      the Court and to the Department of Social Services in the matter of the     designated case.

      (3) Access To Information.  

      The appointed Education Advocate shall have access to all information   contained in the Court’s file, as well as all information in the   possession of the Department of Social Services relating to the subject    case.

      (4) Reporting.  

      The Education Advocate shall report to the Court either through the     Department or through any CASA who may be appointed as advocate for the   subject child.

 

      D.  Service Of CASA Reports.

      The CASA Reports required by Welfare and Institutions Code Section      102(c)(1) must be served as follows:

      (1) Time And Manner Of Service.  

      Not later than five calendar days prior to any hearing at which a CASA Report will first be considered, copies of that Report must be served on      all counsel of record, on the Department of Social Services, and on any   party to the proceeding not represented by counsel. (Note: the Court     favors personal service of the Report over service by mail.)

      (2) Alternative Service Of Reports.  

      If a CASA Report cannot be served on an attorney within the time established by Local Rule 16.04.D.1, and if the Clerk of the Court   maintains a pickup box for that attorney, then CASA may serve the Report      by depositing it in the pickup box maintained by the Clerk for that    attorney.  Service in this manner will not be deemed complete unless CASA       has complied with the requirements of Local Rule 16.04.D.3.

      (3) Limitations On The Privilege.  

      The service privilege described by Rule 16.04.D.2 extends to service of       CASA Reports only.

 

      E.  Service Of W&IC §388 Petitions.

      If a CASA advocate files a petition pursuant to Welfare & Institutions Code Section 388, such petition must be served according to the provisions     of Code of Civil Procedure Sections 1011, 1012, or 1013.

 

      F.  Proof Of Service Of CASA Documents.

      A proof of service indicating the method of service must accompany any document filed by a CASA advocate in Juvenile Court proceedings, including       CASA Reports.

 

      G.  Calendar Priority For CASA Matters.

      Because CASA advocates are providing volunteer services for the benefit of    the Court as well as for the children for whom they advocate, proceedings   at which the CASA advocate appears will be granted priority on the Court’s       calendar whenever it is feasible to do so.

 

15.05 Confidentiality:

 

      All persons interested in dependency proceedings are hereby notified of       the provisions of Welfare & Institutions Code Section 827, et seq., and of Rule 1423 of the California Rules of Court, which restrict access to   information relating to dependency proceedings.  The Court may, from time    to time, enact or issue an order to specify local rules and procedures    related to access to, and dissemination of, confidential juvenile       information.

 

 

CHAPTER 16: JUVENILE DELINQUENCY RULES

 

16.01 General Applicability Of The Modoc County Local Rules Of Court To       Juvenile Delinquency Proceedings:

 

      Except to the extent that there may be a conflict with the Rules in this      Section 17, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully       set forth at length, and are hereby made applicable to all juvenile    delinquency proceedings.

 

16.02 Calendar Matters:

 

      A.  Delinquency Master Calendar.

      The Court maintains a weekly calendar for delinquency proceedings;      however, cases assigned to that calendar may be subject to calendar changes.  Interested persons can confirm the date and time of a calendared       delinquency matter by calling the Clerk of the Court.

 

      B.  Detention Hearings in Delinquency Proceedings.

      In general, detention matters in delinquency cases will be set for hearing    at 1:00 P.M. on Mondays.  If a delinquency detention matter must be heard       at any time other than as set forth in this Rule 17.02.B, the detaining       agency must give notice to the Clerk of the Court by no later than 3:00 PM     on the court day next preceding the day of the proposed hearing,

      so that the Clerk can reserve a bench officer, a reporter, and security       personnel.  It is the responsibility of the detaining agency to give    timely notice of the date and time of the detention hearing to the Clerk of the Court, as well as to all parties and all counsel who may have been       appointed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT

APPENDIX 1A:

 

In Re the Adoption of:________________________________

Case No._____________________

 

VERIFICATION

 

I,______________________________, am the petitioner in this proceeding. I have read the foregoing petition and know the contents thereof. The same is true of my own knowledge, except as to matters therein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

Date:________________________ ___________________________________

                              PETITIONER

 

ORDER

 

Upon consideration of the Application above, and with good cause appearing,

permission is hereby granted to the above-named applicant to obtain the information and the services hereinabove set forth. The Court finds that the requirements of Family Code §9200 et.seq. have been met. The Clerk of the Court is ordered to permit the inspection and copying of the file as prayed, upon payment by petitioner of the appropriate fees and costs.

 

Date:________________________ ___________________________________

                              JUDGE OF THE SUPERIOR COURT

 

CLERK’S CERTIFICATION

 

The undersigned declares:

A search of the indices for adoption from ____________________ to

_________________ has been made by the clerk, who finds no records in this office pertaining to the adoption of ______________________________.

 

CLERK OF THE SUPERIOR COURT

Modoc County, California

Date:________________________ By:_________________________________

Deputy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 1B: SUPPORTING DECLARATION RE ADOPTION RECORDS 

 

Name:_______________________________

Address:____________________________

Telephone:__________________________

                                

                             SUPERIOR COURT OF CALIFORNIA

                                FOR THE COUNTY OF MODOC

 

In the Matter of the                   )

Adoption of                            ) CASE NO.______________

                                       )

_______________________________________) SUPPORTING DECLARATION

 

(Name) RE ADOPTION RECORDS

__________________________________________)

I, the undersigned ________________________________, declare as follows:

                   (Print Name)

1. I am the ____________________________________________________________________

            (Relationship to Parties to Adoption, If Any, e.g., Adoptee)

in this matter.

2. On _________________________________, a decree of adoption was entered in               (Date)

this matter, decreeing ______________________________________ to be the adopted

                       (Name)

child of______________________________________________________________________.

        (Name/s of Adoptive Parent/s)

3. Medical necessity or other extraordinary circumstances, explained below,

justify the disclosure of records relating to the aforesaid adoption [IF MORE

SPACE IS REQUIRED, PLEASE ATTACH ADDITIONAL PAGES.]:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on _______________________________ at______________________________________________.

  (Date) (Place)

 

Signature:____________________________________

Printed Name:_________________________________

 

  Contact Webmaster

Copyright 2013 Modoc County Court. All Rights Reserved

Terms of Use