Alpine Superior Court Document Filing Requirements

CRITICAL

Applies to

Pretrial management conference statement

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.

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.

CRITICAL

Applies to

Motion to amend

Must include

proposed order

A motion to amend must include a proposed order and a proposed amended pleading designated for separate lodging; the proposed order must include findings necessary to support it.

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.

CRITICAL

Applies to

Request to appear remotely

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

“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.

CRITICAL

Applies to

Written notice of extension

A party granting an extension must promptly advise the court in writing of the extension and the response due date.

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

CRITICAL

Applies to

Subsequent pleading

When accusatory pleadings charge a codefendant in a companion case arising from the same incident, the District Attorney must conspicuously note that codefendant's name in each subsequent pleading submitted for filing.

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.

CRITICAL

Applies to

Motion or response

Must include

proposed order

Every motion and response must include a proposed form of order.

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

CRITICAL

Applies to

Evidence submission

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

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.

CRITICAL

Applies to

Witness remote appearance request

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.

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.

CRITICAL

Applies to

Notice of remote appearance

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

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.

CRITICAL

Applies to

Request for trial setting or response

A trial-setting request or response must estimate the time through submission for decision, and the request must identify the requested trial type and confirm the proposed date is available with the Clerk.

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.

CRITICAL

Applies to

Notice of motion

Every Notice of Motion must estimate the amount of time the hearing will take.

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

CRITICAL

Applies to

Notice of settlement

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

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.

CRITICAL

Applies to

Notice of settlement

If a settlement condition cannot be completed within 45 days of the Notice of Settlement, the notice must state when the condition will be completed and the dismissal filed.

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.

CRITICAL

Applies to

Plea

A plea with a People v. Harvey waiver is permitted only if a statement on the record identifies which dismissed counts or charges the waiver does and does not cover.

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.

CRITICAL

Applies to

Notice of motion

Must include

proposed order

A Notice of Motion must include a proposed order designated for separate lodging, and the proposed order must include findings necessary to support it.

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.

CRITICAL

Applies to

Plea proceeding

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

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.

CRITICAL

Applies to

Settlement conference statement

A Settlement Conference Statement must be filed under CRC Rule 3.1380 and disclose all previously exchanged offers and counteroffers.

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).

CRITICAL

Applies to

Fax filing

Fax filings must include Judicial Council form MC-005 as the first transmitted page, followed by any special handling instructions.

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.

CRITICAL

Applies to

Plea

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

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.

CRITICAL

Applies to

Stipulation to set aside default

Must include

proposed order

A stipulation to set aside default must include a proposed order directing the responding party to file responsive pleadings by a specified date no more than 30 days after the order is signed.

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.

CRITICAL

Applies to

Plea proceeding

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

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.

CRITICAL

Applies to

Request to compel physical presence

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

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.

CRITICAL

Applies to

Change of plea form

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.

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.

CRITICAL

Applies to

Plea

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.

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.

CRITICAL

Applies to

Plea proceeding

When a plea bargain is proposed in a case presumptively subject to the plea-bargaining prohibition, the District Attorney must state on the record why the case is believed exempt.

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.

CRITICAL

Applies to

Proposed order

A proposed order denying summary judgment or adjudication must specify the factual issues the opposing party believes a jury must determine.

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.

CRITICAL

Applies to

Accusatory pleading

An accusatory pleading filing must include an original and one copy for each defendant.

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

CRITICAL

Applies to

Case management statement

When there are multiple conferences, each Case Management Statement must accurately reflect all changed circumstances since the previous conference.

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

CRITICAL

Applies to

Change of plea form

For felony pleas and misdemeanor pleas that may later be charged as priors, a fully executed change-of-plea form must be filed contemporaneously; counsel must explain it, and defendants must be prepared to answer the court’s inquiries about it and the plea.

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.

CRITICAL

Applies to

Notice of remote appearance

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.

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.

CRITICAL

Applies to

Statement of rights

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

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

CRITICAL

Applies to

TRMC statement

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

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.

CRITICAL

Applies to

Opposition to remote proceeding

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

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:

CRITICAL

Applies to

Plea proceeding

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

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.

WARNING

Applies to

Request for copies of fax filed documents

A party requesting copies of fax-filed documents must make the request on the Facsimile Transmission Cover Sheet.

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

WARNING

Applies to

Differential case management request for designation or exemption

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.

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.

WARNING

Applies to

Filing

Provide a self-addressed, stamped envelope to receive endorsed-filed copies; documents sent without one will not be returned.

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.

WARNING

Applies to

Arrest warrant request

The court uses the Alpine County and Uniform Bail Schedules when setting bail on an arrest warrant unless the warrant request specifically seeks a different amount and shows good cause.

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.

INFO

Applies to

Request to compel physical presence

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

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

CRITICAL

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

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.