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Court Rules

Alpine Superior Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Fax Filing
20 pgs

Courtesy Copies

Courtesy copies

  • 1 copy

Filings >= 8 pages

  • 1 copy

Adjournments

  • A request to continue a traffic trial must be supported by good cause and received at least 10 days before trial; a later request may be granted only if the interests of justice require it.

Communication

Fax
530-694-2119
Letter via fax
Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Facsimile filings shall not exceed twenty (20) pages, inclusive of attachments.

Fax filing
Up to 20 pages

Document Format Requirements2 rules

FormattingMandatory

Such requests shall be on letterhead stationery of the attorney

FormattingImportant

Oral amendments and interlineations to accusatory pleadings once filed are disfavored.

Applies to
  • Accusatory pleading

Formatting

  • Oral amendments and interlineations are disfavored once the pleading has been filed

Document Filing Requirements40 rules

Filing RequirementsMandatory

A party who elects to appear remotely must file with the court Notice of Remote Appearance (California Judicial Council form RA-010) at least three (3) court days prior to the scheduled hearing.

Document
Notice of remote appearance

Must include

  • California Judicial Council form RA-010
local-rules-2024 · Jul 2024 · p. 11
|SectionRULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)
Filing RequirementsMandatory

A party seeking to appear remotely at a civil evidentiary hearing or trial must file form RA-010, unless the court authorizes a shorter notice period.

Document
Notice of remote appearance

Must include

  • California Judicial Council form RA-010

Court's wording

A party requesting to appear remotely at an evidentiary hearing or trial must file with the court Notice of Remote Appearance (California Judicial Council form RA-010) at least fifteen (15) court days before the hearing or trial date unless the court authorizes a shorter notice period.

local-rules-2024 · Jul 2024 · p. 11
|SectionRULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS
Filing RequirementsMandatory

The parties shall electronically submit a list of any documents and photos they seek to admit into evidence, as well as copies of the items themselves.

local-rules-2024 · Jul 2024 · p. 12
|SectionRULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS
Filing RequirementsMandatory

A party opposing remote appearance or testimony at a civil evidentiary hearing or non-jury trial may serve and file form RA-015.

Court's wording

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by:

local-rules-2024 · Jul 2024 · p. 12
|SectionRULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS
Filing RequirementsMandatory

The specified parties must file form RA-025 to request a remote appearance.

Court's wording

“Parties” as defined below must file with the court a Request to Appear Remotely (California Judicial Council form RA-025) no later than three (3) court days prior to the scheduled hearing. The court may authorize a shorter filing period.

local-rules-2024 · Jul 2024 · p. 13
|SectionRULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)
Filing RequirementsMandatory

A request for remote appearance by a witness must be made in writing by counsel for the party calling the witness or, if the party does not have counsel, by the party, by filing the request with the court and serving a copy of the request on counsel for all other parties; or, if a party does not have counsel, on the party by any means authorized by law reasonably calculated to ensure receipt no later than close of business three (3) court days before the proceeding.

local-rules-2024 · Jul 2024 · p. 13
|SectionRULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)
Filing RequirementsMandatory

A request to compel physical presence must be made in writing and filed with the court.

Court's wording

Any party may ask the court to compel the physical presence of a witness or a party by filing the request in writing with the court and serving a copy of the request on counsel for each party by any means authorized by law reasonably calculated to ensure receipt no later than close of business day two (2) court days before the proceeding.

local-rules-2024 · Jul 2024 · p. 14
|SectionRULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)
Filing RequirementsMandatory

All fax filings shall be accompanied by the Facsimile Transmission Cover Sheet (California Judicial Council form MC-005) as the first page transmitted, followed by any special handling instructions.

Filing RequirementsMandatory

Motions to amend pleadings shall include a proposed order and proposed amended pleading designated as such for separate lodging with the court. The proposed order shall include, without limitation, findings necessary to support the order.

Document
Motion to amend

Must include

  • Proposed order
Filing RequirementsMandatory

The party granting an extension forthwith shall advise the court in writing of the extension and the due date for response.

Filing RequirementsMandatory

Stipulations to set aside a default shall include a proposed order that includes a directive that the responding party shall file responsive pleadings by a date certain but not more than thirty (30) days after the date the order is signed.

Document
Stipulation to set aside default

Must include

  • Proposed order
Filing RequirementsMandatory

All motions shall include, in the Notice of Motion, an estimate of the amount of time the hearing will entail.

Filing RequirementsMandatory

The Notice of Motion shall include a proposed order designated as such for separate lodging with the court. Such proposed order shall include, without limitation, findings necessary to support the order.

Document
Notice of motion

Must include

  • Proposed order
Filing RequirementsMandatory

and in the event of multiple conferences, shall accurately reflect all changes of circumstance since the previous conference.

Filing RequirementsMandatory

All motions and responses shall be accompanied by a proposed form of order.

Filing RequirementsMandatory

Any such Request/Response shall estimate the number of days the matter reasonably is expected to take until the matter is submitted for decision. The Request shall indicate whether a jury or court trial is sought and shall include a statement that the proposed date has been confirmed by the Clerk to be available.

Filing RequirementsMandatory

A Settlement Conference Statement shall be filed pursuant to CRC Rule 3.1380 and shall advise the court of all offers and counteroffers previously exchanged (pursuant to CCP section 998 or otherwise).

Filing RequirementsMandatory

In the case of motion for summary judgment/adjudication, a proposed order for the denial of the motion shall specify the factual issues believed by the opposing party to be necessary for determination by a jury.

Filing RequirementsMandatory

The Pretrial Management Conference Statement must include the proposed jury case statement, witness and exhibit lists, contentions and authorities, agreed stipulations, and proposed jury instructions and verdict forms; joint case statements are encouraged.

Document
Pretrial management conference statement

Must include

  • Exhibit list

Court's wording

At least ten (10) days before the conference there shall be filed a Pretrial Management Conference Statement which includes the following: (A) Proposed statement of the case to be read to the jury; joint statements are encouraged. (B) Witness list, including estimated length of each witness’s appearance and the anticipated order of witnesses. (C) Exhibit list with proposed numbering. (D) Succinct statement of the submitting party’s factual and legal contentions, and points and authorities on anticipated evidentiary and/or substantive issues. (E) Stipulations to which the parties have agreed in the precise form proposed for reading into the record. (F) Proposed jury instructions and verdict forms. Counsel will be expected to have discussed both and shall identify the instructions to which there is agreement and those which are disputed. In each case where special verdicts or findings of the jury will be required, the party or parties who have so requested shall present the form of any special verdicts or interrogatories which will be required for the resolution of the matter by the jury, and all other parties may present proposed alternatives thereto.

Filing RequirementsMandatory

When a case settles, the plaintiff must notify the court in writing and dismiss the case under CRC Rule 3.138.

Court's wording

Whenever a case settles, the plaintiff shall notify the court in writing with copies to all parties, arbitrators or other Alternative Dispute Resolution neutrals and dismiss the case pursuant to CRC Rule 3.138.

local-rules-2024 · Jul 2024 · p. 26
|SectionRULE 5.13. SETTLEMENT OF CASE; DISMISSAL
Filing RequirementsMandatory

If a condition of the settlement cannot be completed within forty-five (45) days of the Notice of Settlement, the notice shall state the date upon which the condition is to be completed and the dismissal filed.

local-rules-2024 · Jul 2024 · p. 26
|SectionRULE 5.13. SETTLEMENT OF CASE; DISMISSAL
Filing RequirementsMandatory

Upon the filing of accusatory pleadings against or charging a codefendant in a companion case and arising out of the same incident, the District Attorney shall conspicuously make note of the name of the codefendant within each subsequent pleading presented to the court for filing.

Filing RequirementsMandatory

The filing of accusatory pleadings shall include an original and one copy for each defendant.

Filing RequirementsMandatory

Persons appearing without counsel shall file a Statement of Rights upon the calling of the matter.

Filing RequirementsMandatory

Each party must prepare a TRMC Statement containing the specified trial materials, witness list, case time estimate, and evidentiary exhibits.

Court's wording

All parties shall file with the court and serve on all other parties ten (10) days prior to that conference a TRMC Statement including the above-referenced material, a list of anticipated witnesses each party expects to call, a time estimate of the party’s case in chief (including anticipated cross examination), and a list and copy of all evidentiary exhibits.

Filing RequirementsMandatory

When original charges are amended or dismissed in a case under this rule, the District Attorney must state the reasons on the record.

Court's wording

In all cases coming under this rule in which charges contained in the original accusatory pleading are to be amended or dismissed, the District Attorney shall state the reasons for the amendment or dismissal on the record.

Filing RequirementsMandatory

For a conditional plea, the defendant must state its terms on the record and the District Attorney must state approval on the record.

Court's wording

In all cases coming under this rule in which a plea is conditioned upon the court’s acceptance of a limitation on the punishment to be imposed, the defendant shall state on the record the terms of the conditional plea, and the District Attorney shall state approval thereof on the record.

Filing RequirementsMandatory

When seeking dismissal of a charge, the District Attorney must state the specific reasons for dismissal on the record.

Court's wording

In all cases coming under this rule in which the District Attorney seeks dismissal of a charge in a complaint, information, or indictment the District Attorney shall state the specific reasons for the dismissal on the record.

Filing RequirementsMandatory

The District Attorney must state on the record any recommendation about punishment or the court’s exercise of its legal powers.

Court's wording

In all cases coming under this Rule in which the District Attorney recommends what punishment the court should impose or how it should exercise any of the powers legally available to it, the District Attorney shall state such recommendation on the record.

Filing RequirementsMandatory

Pleas with waivers pursuant to People v. Harvey, 25 Cal.3d 754, are permitted only if accompanied by a statement on the record identifying the dismissed counts or charges to which such waiver does and does not apply.

Filing RequirementsMandatory

For pleas to offenses with special sentencing consequences, a fully executed change-of-plea form must be filed contemporaneously; counsel must explain it, and defendants must be prepared to answer inquiries about it and the intended plea.

Court's wording

Pleas to offenses, whether charged and/or the subject of felony or misdemeanor plea, with special sentence consequences (e.g., drug or domestic violence programs, registration as drug or sex offender) shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries about the contents of the form and the intended plea.

Filing RequirementsMandatory

A no-contest or People v. West plea is permitted only if accompanied by a factual-basis statement or a reference to and submission of specific supporting documentary evidence.

Court's wording

Pleas of no contest and/or pursuant to People v. West, 3 Cal.3d 595, are permitted only if accompanied by a statement of factual basis or reference to and submission of specific documentary evidence supporting the plea, consistent with People v. Holmes, 32 Cal.4th 432, and People v Willard, 154 Cal.App.4th 1329.

Filing RequirementsMandatory

In any case in which plea bargaining is presumptively prohibited by PC section 1192.7 and a plea bargain is proposed to the court, the District Attorney shall state on the record the reasons it is believed the case is exempt from the prohibition.

Filing RequirementsMandatory

Pleas to all felonies and to misdemeanor offenses that subsequently may be charged as priors shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries from the court about the contents of the form and the intended plea.

Filing RequirementsImportant

A party seeking a particular case designation may file a Differential Case Management Request for Designation or Exemption that sets out the reasons for the request in light of the cited CRC factors.

Court's wording

Any party desiring a particular designation may file a Differential Case Management Request for Designation or Exemption setting forth the reasons for the request in consideration of the factors set forth in CRC Rule 3.715 and/or 3.400 before or with the Initial Case Management Conference Statement or at such other time as circumstances may warrant.

local-rules-2024 · Jul 2024 · p. 15
|SectionRULE 5.2. DIFFERENTIAL CASE MANAGEMENT GENERALLY
Filing RequirementsImportant

If a party wants copies of any fax-filed documents, the party must make their request on the Facsimile Transmission Cover Sheet.

Filing RequirementsImportant

A self-addressed, stamped envelope must be provided for the return of endorsed-filed copies. Documents forwarded without a return envelope will not be returned.

Filing RequirementsImportant

When setting bail on an arrest warrant the court will utilize the Alpine County and Uniform Bail Schedules, unless the request for the warrant includes a specific request and showing of good cause for a different bail amount.

Filing RequirementsNote

Request to Compel Physical Presence – Juvenile Dependency (California Judicial Council form RA-030) may be used for this purpose.

local-rules-2024 · Jul 2024 · p. 14
|SectionRULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)
Filing RequirementsMandatory

The attorney’s letter requesting deferred arraignment must contain the specified representation, defendant, arraignment-date, advisement, and request-and-waiver statements.

Court's wording

Such requests shall be on letterhead stationery of the attorney and shall contain all of the following: A. Statement of representation. B. Defendant’s true name. C. Date of scheduled arraignment. D. Statement that counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits. E. Request for deferred arraignment to Initial Pre-Trial Conference and general waiver of time for all future proceedings, including trial.

Filing & Service rules

Electronic Filing Rules

Parties must electronically submit an evidence list and copies of the documents and photos they seek to admit.

The parties shall electronically submit a list of any documents and photos they seek to admit into evidence, as well as copies of the items themselves.

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

Filing Timing and Cure Windows

File the remote-appearance notice at least three court days before a civil non-evidentiary hearing; a late filer may still request permission, subject to the court’s discretion.

A party who elects to appear remotely must file with the court Notice of Remote Appearance (California Judicial Council form RA-010) at least three (3) court days prior to the scheduled hearing.

Page 11 | RULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)

File form RA-010 at least fifteen court days before a civil evidentiary hearing or trial, unless the court authorizes a shorter period.

A party requesting to appear remotely at an evidentiary hearing or trial must file with the court Notice of Remote Appearance (California Judicial Council form RA-010) at least fifteen (15) court days before the hearing or trial date unless the court authorizes a shorter notice period.

Page 11 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

The court will consider a defendant’s objection to a remote infraction trial or hearing if the court receives it at least five days beforehand.

The Court will consider a defendant’s objection to proceeding remotely for a trial or hearing if the objection is received by the court at least five (5) days before the scheduled hearing or trial.

Page 12 | RULE 1.7.3 CRIMINAL PROCEEDINGS

Serve and file the opposition by noon on the court day before the proceeding when the evidentiary hearing or non-jury trial is noticed fewer than fifteen court days in advance.

At least noon the court day before the proceeding if for an evidentiary hearing or non-jury trial for which a party gives or receives less than fifteen (15) court days’ notice.

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

Mail the evidence list and all documents and photos so the court receives them at least five court days before the hearing, unless the court authorizes a shorter period.

The evidence list and all documents and photos must be mailed and received by the court at least five (5) court days before the scheduled hearing, unless a shorter period is authorized by the court.

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

Serve and file the opposition at least five court days before the proceeding when the evidentiary hearing or trial is noticed at least fifteen days in advance.

At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

The witness remote-appearance request must be filed and served no later than close of business three court days before the proceeding.

A request for remote appearance by a witness must be made in writing by counsel for the party calling the witness or, if the party does not have counsel, by the party, by filing the request with the court and serving a copy of the request on counsel for all other parties; or, if a party does not have counsel, on the party by any means authorized by law reasonably calculated to ensure receipt no later than close of business three (3) court days before the proceeding.

Page 13 | RULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)

The request must be filed at least three court days before the hearing, unless the court authorizes a shorter filing period.

“Parties” as defined below must file with the court a Request to Appear Remotely (California Judicial Council form RA-025) no later than three (3) court days prior to the scheduled hearing. The court may authorize a shorter filing period.

Page 13 | RULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)

The request to compel physical presence must be filed and served no later than close of business two court days before the proceeding.

Any party may ask the court to compel the physical presence of a witness or a party by filing the request in writing with the court and serving a copy of the request on counsel for each party by any means authorized by law reasonably calculated to ensure receipt no later than close of business day two (2) court days before the proceeding.

Page 14 | RULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)

A fax transmission not received in its entirety by 4:30 PM will be filed the following day.

Transmissions not received in their entirety by 4:30 PM will be filed the following day.

Page 18 | RULE 3.8.1

Unless the serving party grants an extension, the plaintiff must request entry of default within 10 days after the time to respond has elapsed if a served party fails to respond within the CRC Rule 3.110 time limit.

Unless an extension of time to respond is granted by the serving party as provided below, whenever any party served fails to respond within the time limits specified in CRC Rule 3.110, the plaintiff must file a request for entry of default within ten days after the time for service has elapsed.

Page 21 | RULE 5.4.1

All parties must file Case Management Statements at least five days before a conference.

Case Management Statements shall be filed by all parties at least five (5) days before a conference,

Page 22 | RULE 5.6.3

The Pretrial Management Conference Statement must be filed at least 10 days before the conference.

At least ten (10) days before the conference there shall be filed a Pretrial Management Conference Statement which includes the following:

Page 24 | Rule 5.10.1

Motions in limine must be filed at least 20 days before the Pretrial Management Conference.

Motions in limine and responses shall be filed, respectively, at least twenty (20) days and ten (10) days before the conference.

Page 24 | Rule 5.10.1

Should the case not be dismissed within forty-five (45) days of the Notice of Settlement, or if the settlement is conditional, within forty-five (45) days after the date for dismissal as stated in the Notice of Settlement, an order to show cause hearing shall be set, and the case dismissed, unless the parties show good cause why the case should not be dismissed.

Should the case not be dismissed within forty-five (45) days of the Notice of Settlement, or if the settlement is conditional, within forty-five (45) days after the date for dismissal as stated in the Notice of Settlement, an order to show cause hearing shall be set, and the case dismissed, unless the parties show good cause why the case should not be dismissed.

Page 26 | RULE 5.13. SETTLEMENT OF CASE; DISMISSAL

A person appearing without counsel must file the Statement of Rights when the matter is called.

Persons appearing without counsel shall file a Statement of Rights upon the calling of the matter.

Page 28 | Rule 6.3.2

A demurrer must be filed early enough to be heard no later than the second week after the first appearance.

Demurrers shall be filed so as to be heard not later than the second week following the first appearance.

Page 28 | Rule 6.3.3

Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing

Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing

Page 29 | RULE 6.3.5

The TRMC Statement must be filed ten days before the conference.

All parties shall file with the court and serve on all other parties ten (10) days prior to that conference a TRMC Statement including the above-referenced material, a list of anticipated witnesses each party expects to call, a time estimate of the party’s case in chief (including anticipated cross examination), and a list and copy of all evidentiary exhibits.

Page 33 | RULE 6.3.11

The filing party is responsible for ensuring that time-sensitive filings are properly transmitted for filing on the intended day.

It is the responsibility of the filing party to ensure that time-sensitive filings have been properly transmitted to be filed on a given day.

Page 18 | RULE 3.8.1

Other parties may respond to a Request for Trial Setting within 10 court days.

Court trials may be set upon the filing by any party of a Request for Trial Setting, to which other parties may respond within ten (10) court days, or at a Case Management Conference.

Page 23 | Rule 5.8

A party seeking a particular designation may file the request before or with the Initial Case Management Conference Statement, or at another time as circumstances may warrant.

Any party desiring a particular designation may file a Differential Case Management Request for Designation or Exemption setting forth the reasons for the request in consideration of the factors set forth in CRC Rule 3.715 and/or 3.400 before or with the Initial Case Management Conference Statement or at such other time as circumstances may warrant.

Page 15 | RULE 5.2. DIFFERENTIAL CASE MANAGEMENT GENERALLY

Service and Proof of Service Rules

The court must give appeared parties entitled to notice at least ten court days’ notice before conducting an evidentiary hearing or non-jury trial remotely.

The court, intending to conduct an evidentiary hearing or non-jury trial remotely, must provide notice to all parties who have appeared in the action and entitled to notice of the proceedings at least ten (10) court days before the hearing.

Page 11 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

A party requesting remote appearance at a civil evidentiary hearing or trial must notify other parties at least ten court days beforehand using a means reasonably calculated to provide notice.

Notice to other parties must also be provided at least ten (10) court days prior to the hearing and can be accomplished electronically via text, email, orally, or any other means reasonably calculated to ensure notice is provided.

Page 11 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

Give other parties notice of a remote appearance at least two court days before the hearing by a means reasonably calculated to provide notice, including text, email, or oral notice.

Notice to other parties must also be provided at least two (2) court days prior to the hearing and can be accomplished electronically via text, email, orally, or any other means reasonably calculated to ensure notice is provided.

Page 11 | RULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)

The opposition must be served when it is filed by noon on the court day before a proceeding noticed fewer than fifteen court days in advance.

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least noon the court day before the proceeding if for an evidentiary hearing or non-jury trial for which a party gives or receives less than fifteen (15) court days’ notice.

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;

Page 12 | RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

The witness remote-appearance request must be served on counsel for all other parties, or on an unrepresented party by a legally authorized means reasonably calculated to ensure receipt.

A request for remote appearance by a witness must be made in writing by counsel for the party calling the witness or, if the party does not have counsel, by the party, by filing the request with the court and serving a copy of the request on counsel for all other parties; or, if a party does not have counsel, on the party by any means authorized by law reasonably calculated to ensure receipt no later than close of business three (3) court days before the proceeding.

Page 13 | RULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)

The request must be served on counsel for each party by a legally authorized means reasonably calculated to ensure receipt.

Any party may ask the court to compel the physical presence of a witness or a party by filing the request in writing with the court and serving a copy of the request on counsel for each party by any means authorized by law reasonably calculated to ensure receipt no later than close of business day two (2) court days before the proceeding.

Page 14 | RULE 1.7.4 JUVENILE DEPENDENCY PROCEEDINGS (W&I 300)

At least the notice required by the CRC and applicable statutes must be given for ex-parte applications; this local rule does not apply to the specified applications or where otherwise provided by law.

At a minimum, notice shall be given as provided by the CRC and any applicable statute. This local rule does not apply to ex-parte applications for domestic violence or civil harassment restraining orders, elder or dependent adult protective orders, applications in criminal proceedings for the confidential appointment of experts or investigators, or as otherwise provided by law.

Page 16 | RULE 3.5. EX-PARTE APPLICATIONS

Fax filing and service of documents must comply with CRC Rule 2.300 et seq. and these rules.

RULE 3.8.1 Facsimile (Fax) filing and service of documents shall comply with CRC Rule 2.300 et seq, and these rules.

Page 17 | RULE 3.8.1

Service on adverse parties and proof of service must be completed and filed within 60 days after filing a complaint or qualifying cross-complaint, but a qualifying amended complaint restarts the service period.

Within sixty (60) days of the filing of a complaint or a cross-complaint which names new parties, service of the action on adverse parties must be effected and proof of service filed with the court. The filing of an amended complaint pursuant to CCP section 472 will begin anew the time for service.

Page 21 | RULE 5.3.2

The Notice of Initial Case Management Conference and a blank Case Management Statement must be served with the Summons and Complaint or Cross-Complaint.

When returning conformed copies of a complaint, or cross complaint which names new parties, the clerk will also provide Notice of Initial Case Management Conference and blank Case Management Statement, both of which shall be served with the Summons and Complaint/Cross-Complaint.

Page 21 | RULE 5.3.1

The plaintiff must provide copies of the settlement notice to all parties, arbitrators, and other ADR neutrals.

Whenever a case settles, the plaintiff shall notify the court in writing with copies to all parties, arbitrators or other Alternative Dispute Resolution neutrals and dismiss the case pursuant to CRC Rule 3.138.

Page 26 | RULE 5.13. SETTLEMENT OF CASE; DISMISSAL

The request to defer arraignment must demonstrate proof of service on the District Attorney.

Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing and demonstrating proof of service on the District Attorney.

Page 29 | RULE 6.3.5

The TRMC Statement must be served on all other parties ten days before the conference.

All parties shall file with the court and serve on all other parties ten (10) days prior to that conference a TRMC Statement including the above-referenced material, a list of anticipated witnesses each party expects to call, a time estimate of the party’s case in chief (including anticipated cross examination), and a list and copy of all evidentiary exhibits.

Page 33 | RULE 6.3.11

Filing Fees and Waivers

Fax filing costs $1.00 per page, payable by mailed check or through the court website within 24 hours; direct payment with the court is not permitted.

The cost for fax filing is $1.00 per page. A check made out to the Alpine County Superior Court should be placed in the mail, or payment should be submitted through the court’s website, within twenty-four (24) hours. The Court does not permit parties to pay for fax filings directly with the court as specified in CRC Rule 2.304(e)(1).

Page 18 | RULE 3.8.1

The court charges $0.50 per page plus postage for copies of fax-filed documents.

The court charges $0.50 per page, plus postage.

Page 18 | RULE 3.8.3

Courtesy Copy Requirements

A pleading of at least eight pages, counting attachments, must be filed with one additional copy marked “Working Copy.”

Any pleading consisting of eight (8) or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”.

Page 25 | RULE 5.11.1

When a visiting judge is appointed, the parties must file original pleadings with the Alpine County Superior Court and forward one courtesy working copy to the visiting judge at the judge’s home court or office.

At any time a visiting judge is appointed to hear an Alpine County Superior Court matter; the parties shall file all original pleadings with the Alpine County Superior Court, and forward a courtesy working copy to the visiting judge at his home court or office.

Page 25 | RULE 5.11.2

A pleading of at least eight pages, counting attachments, must be accompanied upon filing by one additional copy conspicuously marked “Working Copy.”

Any pleading consisting of eight or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”.

Page 38 | RULE 6.8.1

When a visiting judge is appointed, the parties must file original pleadings with the Alpine County Superior Court and forward one courtesy working copy to the judge at their home court or office.

At any time a visiting judge is appointed to hear an Alpine County Superior Court matter, the parties shall file all original pleadings with the Alpine County Superior Court, and forward a courtesy working copy to the visiting judge at his home court or office.

Page 38 | RULE 6.8.2

Sealing & Redaction Procedures

A party may submit a Confidential Addendum, which is kept under seal for the settlement conference judge and may be inspected only by court order.

Any party may submit a Confidential Addendum to the statement which will not be lodged in the file as a public document but will be kept under seal for use only by the settlement conference judge and not subject to inspection except upon order of the court.

Page 23 | Rule 5.9.1

Adjournment & Extension Requirements

A request to continue a traffic trial must be supported by good cause and received at least 10 days before trial; a later request may be granted only if the interests of justice require it.

(2) Any request to continue a traffic trial must be supported by good cause and received by the court at least ten (10) days before the date of trial. No request for continuance received after that date will be granted unless the interests of justice require a continuance.

Page 39 | RULE 7.4 CONTINUANCES

If an in-person appearance becomes necessary during a remote proceeding, any continuance may last only as long as necessary to ensure the party or witness is physically present.

If, at any time during a remote proceeding, the court determines that an in-person appearance is necessary, the court may require such an appearance and continue the matter for only a period of time that is necessary to ensure the party or witness is physically present.

Page 14 | RULE 1.7.5 JUVENILE JUSTICE PROCEEDINGS: (W&I sections 601 and 602)

A party serving pleadings may grant one extension to respond of no more than 30 days without leave of court.

Any party serving pleadings may grant to the party served one extension of time to respond, for a period not to exceed thirty days (30), without leave of court.

Page 21 | RULE 5.4.2

A person appearing without counsel who seeks time to consult with or retain counsel before arraignment concludes may request a reasonable continuance, which requires a time waiver and may not exceed two weeks.

Such persons who desire to consult with and/or retain counsel before concluding arraignment shall, upon request and time waiver, be granted a reasonable continuance of arraignment for such purpose, not to exceed two weeks.

Page 28 | Rule 6.3.2

Motions to continue that do not comply with Penal Code section 1050, applicable statutes, and the California Rules of Court are disfavored; a stipulation alone is insufficient grounds but may accompany a motion.

Motions to continue which fail to comply with PC section 1050, particular applicable statutes, and CRC are disfavored. A stipulation alone will not constitute grounds for any continuance but may be presented as part of a motion.

Page 37 | RULE 6.6.2

Continuances and routine calendar changes are disfavored, though the court will reasonably accommodate unavoidable conflicts; continued matters must fit regular calendars, and later-arising conflicts generally are not good cause.

Continuances frustrate the disposition time goals and orderly processes of the court and are disfavored. However, in consideration of the court’s remote location, it is the policy of the court reasonably to accommodate unavoidable conflicting commitments of counsel and defendants. Scheduling of continued matters shall be consistent with the regular calendars of the court. Routine requests to move matters from one calendar to another are disfavored. Conflicts arising after the scheduling of a given matter generally shall not constitute good cause.

Page 37 | RULE 6.6.1

Except for trials, a defendant may request a continuance before the promised appearance date, and the clerk may grant a three-week continuance.

(1) Except as provided for trials below, prior to the date on which the defendant promised to appear, the defendant may request a continuance pursuant to VC section 40506.5. The clerk is authorized to grant a three (3) week continuance.

Page 39 | RULE 7.4 CONTINUANCES

Chambers Communication Rules

Parties in a short cause case must immediately advise the court and apply for exemption from the case management rules under CRC Rule 3.735.

Parties to a matter defined in CRC Rule 3.735 as a short cause case shall immediately so advise the court and apply for exemption from case management rules pursuant to that Rule.

Page 22 | RULE 5.6.5

A matter estimated to require more than half an hour must be specially set after consultation with the Clerk before the motion is filed.

Matters estimated to require more than one half hour will be specially set upon consultation with the Clerk before the motion is filed.

Page 22 | RULE 5.7.1

If a scheduled event is imminent, the plaintiff must also notify the court, arbitrator, or other ADR neutral orally or by telephone.

If any scheduled event, including a hearing, conference or trial, is imminent, the plaintiff shall also notify the court, arbitrator or other ADR neutral orally or by telephone.

Page 26 | RULE 5.13. SETTLEMENT OF CASE; DISMISSAL

Unless the defendant must appear by law or court order, counsel may request by letter or fax to defer arraignment in a misdemeanor or infraction, provided the request is received at least one court day before the hearing.

Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing

Page 29 | RULE 6.3.5

Persons in the courtroom may not talk to the clerk while court is in session, except when the conversation is directly related and necessary to the matter before the court.

Persons in the courtroom shall not: 1. Talk to the clerk when court is in session, except conversation that may be directly related and necessary to the matter immediately before the court.

Page 14 | RULE 4.2. CONDUCT IN THE COURTROOM

Attorneys and self-represented persons are encouraged to seek prior court approval before moving away from counsel table and to use the bailiff to transmit documents or objects to the court or clerk; counsel may seek blanket approval for movement during prolonged proceedings.

RULE 4.3.1. It is the court’s general policy to permit attorneys and self-represented persons wide latitude in the use of the courtroom, including the well area between counsel tables and the bench. However, to minimize the potential for distraction and alleviate undue concern for security, persons desiring to move away from the counsel table are encouraged to seek prior approval of the court to do so and to utilize the bailiff to transmit documents or objects to the court or the clerk. In prolonged proceedings blanket approval for free movement about the courtroom, including approach to witnesses, may be sought by counsel.

Page 14 | RULE 4.3. USE OF THE COURTROOM AND COURTHOUSE

A person requesting disability accommodations may notify the court or submit Form MC-140 to the Court Executive Officer by mail or fax.

Disabled persons wishing to request accommodations may do so by notifying the court or completing Judicial Council Form MC-140, Request for Accommodations by Persons with Disabilities and Order, and sending it to the Court Executive Officer, PO Box 518, Markleeville, CA 96120, or by facsimile at 530-694-2119.

Page 15 | RULE 2.2. ACCESS

The court does not reserve a specific hearing time for ex-parte applications; parties may contact the Clerk’s office to set a hearing, subject to the stated exceptions to this local rule.

The court does not reserve a specific day or time for hearing of ex-parte applications and such matters may be set by contacting the Clerk’s office. At a minimum, notice shall be given as provided by the CRC and any applicable statute. This local rule does not apply to ex-parte applications for domestic violence or civil harassment restraining orders, elder or dependent adult protective orders, applications in criminal proceedings for the confidential appointment of experts or investigators, or as otherwise provided by law.

Page 16 | RULE 3.5. EX-PARTE APPLICATIONS

Common questions about Alpine Superior Court rules

Are courtesy copies required in Alpine Superior Court?

Courtesy-copy rule applies when a filing is >= 8 pages. Details: 1 copy. A pleading of at least eight pages, counting attachments, must be filed with one additional copy marked “Working Copy.”

View ruleSource: page 25, section RULE 5.11.1

What page or word limits apply to fax filing in Alpine Superior Court?

Alpine Superior Court's rule states these limits: 20 pages. Fax filings are limited to 20 pages, including attachments.

View ruleSource: page 17, section RULE 3.8.1

What must be included with notice of remote appearance filings in Alpine Superior Court?

A party electing to appear remotely at a civil non-evidentiary hearing must file form RA-010.

View ruleSource: page 11, section RULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)

What must be included with opposition to remote proceeding filings in Alpine Superior Court?

A party opposing remote appearance or testimony at a civil evidentiary hearing or non-jury trial may serve and file form RA-015.

View ruleSource: page 12, section RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

How may parties contact Alpine Superior Court?

Parties in a short cause case must immediately advise the court and apply for exemption from the case management rules under CRC Rule 3.735.

View ruleSource: page 22, section RULE 5.6.5

How does Alpine Superior Court handle sealed or redacted filings?

A party may submit a Confidential Addendum, which is kept under seal for the settlement conference judge and may be inspected only by court order.

View ruleSource: page 23, section Rule 5.9.1

How do I request an adjournment or extension in Alpine Superior Court?

A request to continue a traffic trial must be supported by good cause and received at least 10 days before trial; a later request may be granted only if the interests of justice require it.

View ruleSource: page 39, section RULE 7.4 CONTINUANCES

Is electronic filing required in Alpine Superior Court?

Yes. Electronic filing is required for the covered filings. Parties must electronically submit an evidence list and copies of the documents and photos they seek to admit.

View ruleSource: page 12, section RULE 1.7.2 CIVIL CASES (EVIDENTIARY HEARINGS) INCLUDING UNLAWFUL DETAINER AND SMALL CLAIMS MATTERS

Are filing fees or waivers addressed in Alpine Superior Court?

A fee is required for covered filings. Fax filing costs $1.00 per page, payable by mailed check or through the court website within 24 hours; direct payment with the court is not permitted.

View ruleSource: page 18, section RULE 3.8.1

What filing deadlines does Alpine Superior Court set?

File the remote-appearance notice at least three court days before a civil non-evidentiary hearing; a late filer may still request permission, subject to the court’s discretion.

View ruleSource: page 11, section RULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)

What service or proof of service rules apply in Alpine Superior Court?

Details: timing: 2 court days before hearing. Give other parties notice of a remote appearance at least two court days before the hearing by a means reasonably calculated to provide notice, including text, email, or oral notice.

View ruleSource: page 11, section RULE 1.7.1 CIVIL CASES (NON-EVIDENTIARY HEARINGS)
Complete rules summary for Alpine Superior Court

A party electing to appear remotely at a civil non-evidentiary hearing must file form RA-010.

File the remote-appearance notice at least three court days before a civil non-evidentiary hearing; a late filer may still request permission, subject to the court’s discretion.

Give other parties notice of a remote appearance at least two court days before the hearing by a means reasonably calculated to provide notice, including text, email, or oral notice.

A party seeking to appear remotely at a civil evidentiary hearing or trial must file form RA-010, unless the court authorizes a shorter notice period.

File form RA-010 at least fifteen court days before a civil evidentiary hearing or trial, unless the court authorizes a shorter period.

The court must give appeared parties entitled to notice at least ten court days’ notice before conducting an evidentiary hearing or non-jury trial remotely.

A party requesting remote appearance at a civil evidentiary hearing or trial must notify other parties at least ten court days beforehand using a means reasonably calculated to provide notice.

A party opposing remote appearance or testimony at a civil evidentiary hearing or non-jury trial may serve and file form RA-015.

Serve and file the opposition at least five court days before the proceeding when the evidentiary hearing or trial is noticed at least fifteen days in advance.

Serve and file the opposition by noon on the court day before the proceeding when the evidentiary hearing or non-jury trial is noticed fewer than fifteen court days in advance.

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;

The opposition must be served when it is filed by noon on the court day before a proceeding noticed fewer than fifteen court days in advance.

Parties must electronically submit an evidence list and copies of the documents and photos they seek to admit.

The evidence submission must include a list of the documents and photos sought to be admitted and copies of those items.

Mail the evidence list and all documents and photos so the court receives them at least five court days before the hearing, unless the court authorizes a shorter period.

The court will consider a defendant’s objection to a remote infraction trial or hearing if the court receives it at least five days beforehand.

The specified parties must file form RA-025 to request a remote appearance.

The request must be filed at least three court days before the hearing, unless the court authorizes a shorter filing period.

A request for remote appearance by a witness must be made in writing by counsel for the party calling the witness or, if the party does not have counsel, by the party, by filing the request with the court and serving a copy of the request on counsel for all other parties; or, if a party does not have counsel, on the party by any means authorized by law reasonably calculated to ensure receipt no later than close of business three (3) court days before the proceeding.

The witness remote-appearance request must be served on counsel for all other parties, or on an unrepresented party by a legally authorized means reasonably calculated to ensure receipt.

The witness remote-appearance request must be filed and served no later than close of business three court days before the proceeding.

A request to compel physical presence must be made in writing and filed with the court.

The request must be served on counsel for each party by a legally authorized means reasonably calculated to ensure receipt.

The request to compel physical presence must be filed and served no later than close of business two court days before the proceeding.

A party may use Judicial Council form RA-030 to request that a person be compelled to appear physically.

If an in-person appearance becomes necessary during a remote proceeding, any continuance may last only as long as necessary to ensure the party or witness is physically present.

A person requesting disability accommodations may notify the court or submit Form MC-140 to the Court Executive Officer by mail or fax.

The court does not reserve a specific hearing time for ex-parte applications; parties may contact the Clerk’s office to set a hearing, subject to the stated exceptions to this local rule.

At least the notice required by the CRC and applicable statutes must be given for ex-parte applications; this local rule does not apply to the specified applications or where otherwise provided by law.

Fax filing and service of documents must comply with CRC Rule 2.300 et seq. and these rules.

More Judges in Alpine Superior Court

Richard D. Meyer
Judge
Scott W. Souers
Judge