Amador Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Summary Judgment Motions
- 1 copy • Upon Filing
Adjournments
- The continuance provisions in this section apply only to law-and-motion matters, not trial continuances or matters set under the Trial Delay Reduction Rules.
- For an uncontested continuance that has been served, the moving party may request that the matter be re-calendared.
- A matter may not be reset more than twice.
- +14 more
Request must include
- A party or counsel requesting a continuance must send confirming notice to the court at least two days before the original hearing time and provide a copy to opposing counsel or self-represented parties.
- For a motion for continuance to be made in court on a short cause matter, the court must be notified by phone or written notice filed with the court two days before the hearing.
- For a continuance of a court-ordered hearing, the order may be obtained ex parte or by a written stipulation of all parties submitted to the court five court days before the hearing.
- A continuance of a summary-judgment or summary-adjudication motion requires court approval; the order may be obtained ex parte, and the request must be made at least seven court days before the hearing.
- A party intending to appear in court to request a continuance of a motion must notify the court at least seven court days before the hearing.
- A defendant may request a continuance before the promised appearance date without depositing bail, and a traffic officer may request one based on unavailability; all continuance requests must be submitted at least ten court days before the hearing.
Communication
Phone
Phone
Clerk
Phone
Phone
Document Format Requirements13 rules
An original and one copy must be submitted
Formatting
- •Submit an original and one copy
Pleadings will not be filed unless they comply with California Rules of Court, Rule 2.100 et seq.
A party joining another party’s motion must comply with applicable motion-format requirements or relief will not be granted.
Formatting
- •The joining party must comply with proper motion-format requirements
Court's wording
another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service.
Documents submitted for filing which are required to be kept confidential pursuant to statute or court order, must contain the work “CONFIDENTIAL” in bold caps directly beneath the document title and should be filed under seal under the provisions set forth in rule 2.551 of the California Rules of Court.
No order submitted shall have the judge’s signature line on a page without substantive text, i.e. there shall be no “hanging orders.”
All settlement agreements submitted to the court for approval shall be initialed by all parties on each page.
- Settlement agreement
Formatting
- •All parties must initial each page
The party depositing the document must assure the document to be deposited is date and time stamped with the court’s stamp, prior to depositing said document in the drop box.
All papers presented for filing must be pre-punched in the standard two-hole position to comply with California Rules of Court, rule 2.115.
Exhibits must be as legible as original typing or printing.
only two copies of each document will be conformed.
Citations to all authorities must conform to the CALIFORNIA STYLE MANUAL.
In the interest of uniformity, and to expedite the business of the court, the parties shall use printed forms furnished by the court where appropriate.
No more than two (2) copies may be submitted for endorsed filing.
Document Filing Requirements167 rules
A copy of the judgment is required for issuance of Writ of Execution or Abstract of Judgment.
UD-101: Mandatory due to Covid-19
Amador Rule of Court 11.20 requires parties filing new civil cases to complete all identifying information available to them regarding all parties to the case, and submit the form at the time of filing.
Please Note: * indicates a Mandatory form, all other forms are optional.
Use the – JUDICIAL COUNCIL FORM MC-040 NOTICE OF CHANGE OF ADDRESS
In most cases, you must notify the court and all other parties that you intend to appear remotely using form RA-010.
If you intend to appear remotely, you must also submit and serve your evidence prior to the scheduled date.
In every proceeding, Judicial Council forms shall be used when applicable.
The withdrawal notice must identify the motion, its hearing date, the withdrawal and whether it is with or without prejudice, and represent that the opposing party was notified.
Court's wording
The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice.
If a default judgment is requested by affidavit pursuant to Code of Civil Procedure section 585(d), the requesting party shall comply with rule 3.1800 of the Rules of Court.
The notice for every noticed motion and demurrer in a civil matter must include the specified tentative-ruling and appearance instructions.
Court's wording
All noticed motions and demurrers in civil matters shall include the following information in the notice: "Pursuant to Local Rule 4.03, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. To receive the tentative ruling, call (209) 257-2603 or visit the Court’s website, www.amadorcourt.org. If you intend to appear and contest the tentative ruling, you must notify the court and opposing counsel of such intent by telephone no later than 4:00 p.m. on the court day preceding the hearing. If you do not provide proper notice to the court and the opposing party no hearing will be held."
If testimony is required, the moving party must apply to the clerk for a hearing date and file the form provided by the court for setting default or uncontested matters for hearing.
The notice of joinder must include a specific showing of the basis for the relief sought by the other party and how it applies to the joining party.
Any person whose attendance at a settlement conference is required by these rules may be excused by the court, on request made in writing not less than five (5) court days before the date set for the settlement conference.
Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.
The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that all “confidential personal information” of victims and/or witnesses has been effectively redacted from the reports.
If twenty-four (24) hours notice is not given, an explanation why proper notice was not provided must be included in the Ex Parte Application.
When providing discovery, the prosecuting attorney must give defense counsel a written receipt stating the compliance date and a notice about whether an informal defense-discovery request is made.
Court's wording
At the time the prosecuting attorney provides the discovery of items in compliance with subparagraph (A) above, the prosecuting attorney shall provide to defense counsel a written receipt showing the date of compliance and shall include a written notice that either an informal request is made that the defense disclose all materials and information set forth in Penal Code section 1054.3 or that no informal request is being made.
The party providing discovery must retain a document listing and describing each item provided and the date it was provided.
Court's wording
All discovery material provided to the opposing side, including documents, photographs, audio, or video tape recordings, shall be described and listed in a document to be retained by the party providing the discovery. This document shall also set forth the date each item was provided to the opposing side.
A motion to compel discovery must include a declaration stating the failure to comply with the informal request and identifying the items not disclosed.
Court's wording
A formal motion for an order to compel discovery shall be supported by a declaration stating facts showing a failure by the opposing party to comply with the informal request for discovery. The declaration shall specify in particular those items not disclosed in response to any informal request for discovery.
In felony and misdemeanor cases, the specified trial motions must be written and include a supporting memorandum unless the court orders otherwise.
Court's wording
In felony and misdemeanor cases, unless otherwise ordered by the court, all motions in limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.
Upon the booking of any person into the county jail, other than pursuant to an arrest warrant, the arresting agency shall present a declaration to a judge establishing probable cause for the detention. The declaration shall be on a form approved by the court.
Unless the court orders otherwise, the parties must submit jury-ready proposed instructions by the Trial Readiness Conference.
Court's wording
Unless otherwise ordered by the court, by no later than the date of the Trial Readiness Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury.
Initial applications for Ancillary Defense Expenses must be submitted by ex parte motion to the clerk and accompanied by the specified financial statement or equivalent declaration and a required supporting declaration.
Court's wording
All initial applications for the authorization of Ancillary Defense Expenses shall be submitted by ex parte motion to the clerk of the court for review by the Presiding Judge or his/her designee. The application shall be accompanied by: (1) a completed and signed Defendant's Financial Statement – Local Form CRIM-230 OR a Declaration signed under penalty of perjury, which includes all of the information requested in CRIM-230; and (2) a declaration with the information described in subdivision A below.
Applications for Ancillary Defense Expenses must include a declaration describing the offense or relevant facts, case status, purpose and necessity of the requested services, and provider and expense details.
Court's wording
A. Required Declaration. All applications for Ancillary Defense Expenses shall be supported by a declaration setting forth: 1. a summary of the circumstances of the charged offense or facts that demonstrates why the funding of Ancillary Defense Expenses is necessary in the interests of justice; 2. the status of the case; 3. the specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and 4. the name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage, and any other special expenses.
No trial or mandatory settlement conference date will be vacated and no action will be dropped from the civil active list until the court receives written Notice of Settlement.
With the exception of conditional settlements, as defined in California Rules of Court, rule 3.1385, upon receipt of a Notice of Settlement, using the mandatory Judicial Council Form CM-200, the action will be scheduled for dismissal on the court’s own motion.
Parties or their counsel must file a Case Management Conference Statement before each conference, unless the court orders otherwise; failure to file timely may result in an Order to Show Cause and sanctions.
Court's wording
All parties or their counsel of record shall file with the courts, a Case Management Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days prior to the Case Management Conference. Failure to submit a timely Case Management Conference Statement will result in the issuance of an Order to Show Cause and sanctions may be imposed, pursuant to Local Rule 8.06. A new Case Management Conference Statement is required prior to each Case Management Conference, unless otherwise ordered by the court.
There shall be filed with said motion a declaration, under penalty of perjury, setting forth in detail the reasons such party believes the case cannot be brought to trial within two years.
Any such motion shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, setting forth facts establishing the unavailability of the moving party.
Said declarations shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration of the attorney, setting forth facts establishing the unavailability of the moving party. The mere fact a party resides out of county will not, standing alone, constitute good cause.
Within ten (10) days of the conclusion of mediation, the mediator shall file a statement on Judicial Council Form ADR-100, advising the court whether the mediation ended in full agreement or non-agreement as to the entire case or as to particular parties in the case.
the court with written notification of their agreed mediator by using the court’s Stipulation to Mediator Form, which is located on the court’s website.
If there are two or more parties on a side, they must join in a single rejection.
Within fifteen (15) days after the appointment, the arbitrator shall notify each party and the clerk in writing of the date, time, and place of hearing.
Proof of payment shall be presented to the Court Reporter at the time of the hearing.
Any party requiring the services of the official reporter for trial or any other hearing shall file a statement with the court requesting those services at least seven (7) court days prior to the trial or hearing.
In any case where a party claims fees in excess of those allowed by this rule, application for attorney fees shall be made to the court, supported by declarations setting forth the factual basis for the claimed attorney fees.
Any application for attorney's fees for an amount in excess of one thousand ($1,000) dollars shall be filed before the default hearing and shall be accompanied by a declaration.
C. Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "...and costs in the sum of $ ."
Include
- •...and costs in the sum of $
B. Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names.
If an original pleading or paper previously filed with the court is lost, an order authorizing the filing of a copy in lieu of the original is required, and may be based upon declaration of the requesting attorney or pro per party, or the certificate of the clerk.
The judicial form must state the full names of the parties to the judgment and their capacities.
Court's wording
Judicial form, which shall: A. Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross- complainants and cross-defendants.
If the parties enter into a written stipulation for judgment, the form of the proposed judgment to be signed and filed shall be a separate document; however, a copy of the proposed judgment may be incorporated into the stipulation by reference, or attached as an exhibit to the stipulation.
A party appealing a Labor Commissioner order, decision, or award must file with the Clerk copies of the complaint and any answer, the decision materials including a hearing summary and reasons, and a declaration proving service of the Notice of Appeal on the Labor Commissioner.
Court's wording
Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner, pursuant to Labor Code section 98.2, shall file with the Clerk of the Court: 1. A copy of the complaint and any answer filed with the Labor Commissioner; and 2. A copy of the order, decision or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision; and 3. A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.
A record must not be filed under seal without a court order.
In each civil and family law matter, a Case Intake Sheet must be submitted with the complaint.
A separate order must accompany each request for a continuance, extension of time, or other motion submitted on the pleadings.
Court's wording
All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.
All stipulations, including those made in habeas corpus matters, must be accompanied by a proposed order.
- Document
- Stipulation
Must include
- •Proposed order
The materials to be lodged under seal must be clearly identified as “CONDITIONALLY UNDER SEAL.” The envelope or container lodged with the court must also be labeled “CONDITIONALLY UNDER SEAL.”
- Document
- Sealed materials and container
Must include
- •CONDITIONALLY UNDER SEAL
The defendant shall submit a Case Intake Sheet upon filing a responsive pleading.
All petitions for writ of habeas corpus shall be prepared as specified by the California Rules of Court and filed with the Clerk.
The party depositing the document shall include a copy of the document to be conformed and a self-addressed stamped envelope for return of the conformed copy.
An applicant for ex parte orders is required to complete local form FCS004, Declaration in Support of Ex Parte Application and Order, and Mandatory Judicial Council Forms FL-300 and FL-305.
Unless previously filed, proofs of service must be filed five (5) court days before the hearing or the matter may be dropped from the law and motion calendar.
A copy of the order approving media coverage must be presented to the Bailiff, stationed at the entrance of the courthouse, prior to any coverage commencing.
Petitions for appointment of a Guardian Ad Litem for a minor or incompetent person shall be submitted to the clerk.
Filing & Service rules
Electronic Filing Rules
A party may transmit a document electronically to a fax filing agency for filing with the court.
A party may electronically transmit a document to a fax filing agency for filing with the court.
Page 36 | 11.16 Online Electronic Case Filing
Filing Timing and Cure Windows
A tenant must file an Answer within five days after being served with the complaint.
After being served with the complaint, a tenant has five (5) days to file a response (Answer) with the Court.
Civil cases
Page 1 | Expedited Proceeding
The moving party must file a notice of withdrawal at least two court days before the hearing.
The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice.
Page 8 | 4.01 Withdrawing Civil Motions
Each party must lodge its written settlement conference statement with the court no later than five court days before the conference.
Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.
Page 12 | 5.00 Settlement Conferences and Settlement Conference Statements
A request to excuse a required settlement-conference attendee must be made at least five court days before the conference.
Any person whose attendance at a settlement conference is required by these rules may be excused by the court, on request made in writing not less than five (5) court days before the date set for the settlement conference.
Page 12 | 5.01 Settlement Conference Procedures
Initial moving papers for pretrial motions must be filed with the clerk before the matter may be calendared, including when an order shortening time has been obtained.
All initial moving papers relating to pretrial motions, including those filed after obtaining an order shortening time, shall be filed with the clerk. No matter shall be calendared prior to the filing of the moving papers.
Page 14 | 6.04 Filing of Papers
The specified trial motions must be served on opposing counsel and filed with the court by the date of the Trial Readiness Conference.
These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC).
Page 16 | 6.06 Motions at Trial
Unless the court orders otherwise, proposed jury instructions are due no later than the Trial Readiness Conference.
Unless otherwise ordered by the court, by no later than the date of the Trial Readiness Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury.
Page 20 | 6.17 Jury Instructions
The defendant may apply for a hearing within 15 days after being informed that the stay will be lifted, and may contest enforcement only on the stated grounds.
the order staying the income deduction order shall be lifted, may apply for a hearing to contest the enforcement of the income deduction order only 1) on the ground of mistake of fact regarding the amount of restitution owed, or 2) on the ground that the defendant has established good cause for the nonpayment. J. Upon the filing of defendant's request pursuant to paragraph (I) above within the fifteen (15) day period, the matter shall be set for a hearing before the court to determine whether the enforcement of the income deduction order is proper.
Page 20 | Standing Income Deduction Order
Unless otherwise ordered by the court, all motions in limine shall be filed no later than seven
Unless otherwise ordered by the court, all motions in limine shall be filed no later than seven
Page 22 | 7.02 Motions in Limine
Except for conditional settlements, the action is scheduled for dismissal and will be dismissed 45 days after the court receives the Notice of Settlement unless a Request for Dismissal is filed or good cause is shown.
With the exception of conditional settlements, as defined in California Rules of Court, rule 3.1385, upon receipt of a Notice of Settlement, using the mandatory Judicial Council Form CM-200, the action will be scheduled for dismissal on the court’s own motion. The clerk will serve all parties with a Notice of Dismissal and the action will be dismissed forty-five (45) days after the Court receives the Notice of Settlement unless a Request for Dismissal is filed or good cause is shown why the case should not be dismissed.
Page 22 | 7.01 Duties if Case Settles
The Case Management Conference Statement must be filed at least 15 days before the conference.
All parties or their counsel of record shall file with the courts, a Case Management Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days prior to the Case Management Conference.
Page 23 | 8.05 Case Management Conferences
If the court is not notified of the selected mediator within ten days, the court will appoint a Panel mediator.
If the court is not notified of the selected mediator within ten (10) days, the court will appoint a mediator from the Panel.
Page 27
Within ten days after mediation concludes, the mediator must file Form ADR-100 stating whether the mediation resulted in full agreement or non-agreement for the case or particular parties.
Within ten (10) days of the conclusion of mediation, the mediator shall file a statement on Judicial Council Form ADR-100, advising the court whether the mediation ended in full agreement or non-agreement as to the entire case or as to particular parties in the case.
Page 27
The mediator’s fee statement must be submitted within thirty days after mediation is completed, and the court may deny untimely claims.
The mediator’s fee statement must be submitted to the Court within thirty (30) days of completion of mediation. Untimely claims may, in the discretion of the court, be denied.
Page 27
Each side must file any rejection of the arbitrator list within ten days after mailing and may reject no more than one name.
The list of randomly selected names shall be mailed to counsel and each side has ten days from the date of mailing to file a rejection of no more than one name on the list.
Page 28 | 9.01 Random Selection
If no request for a trial de novo is made within thirty days, the clerk enters the arbitration award as judgment.
At the expiration of thirty (30) days, if a request for a trial de novo is not made, the clerk shall enter the award as judgment.
Page 28 | 9.06 Arbitrator’s Fees
The arbitrator must file the award within ten days after the hearing.
Within ten (10) days after hearing, the arbitrator shall file the award with the court, with proof of service on each party.
Page 28 | 9.05 Filing Award and Trial De Novo
The request statement for an official reporter must be filed at least seven court days before trial or the hearing.
Any party requiring the services of the official reporter for trial or any other hearing shall file a statement with the court requesting those services at least seven (7) court days prior to the trial or hearing.
Page 32 | 11.06 Availability of Court Reporting Services
An application for attorney's fees exceeding $1,000 must be filed before the default hearing.
Any application for attorney's fees for an amount in excess of one thousand ($1,000) dollars shall be filed before the default hearing
Page 34 | 11.10 Attorney's Fees in Actions on Promissory Notes, Contracts Providing for Payment of Attorney's Fees, and Foreclosures; Attorney's Fee Schedule
The appellant must file the papers required by paragraph (A) with the Notice of Appeal or within ten days after filing it.
Appellant shall file the papers required under paragraph (A) with the Notice of Appeal or within ten (10) days thereafter.
Page 35 | 11.15 Appeal from Decision of the Labor Commissioner under Labor Code section 98.2
Fax filing is complete when the fax filing agency transmits the entire document to the Court.
Filing by fax is complete on transmission of the entire document to the Court by the fax filing agency.
Page 36 | 11.16 Online Electronic Case Filing
A fax filing completed after 5:00 p.m. is deemed to have occurred on the next court day.
Filing that is completed after 5:00 p.m. is deemed to have occurred on the next court day.
Page 36 | 11.16 Online Electronic Case Filing
If sanctions are imposed under Code of Civil Procedure section 177.5, the appellant must file the paragraph (A) papers within thirty days thereafter.
If sanctions are imposed under Code of Civil Procedure section 177.5, appellant shall file the papers prescribed in paragraph (A) within thirty (30) days thereafter.
Page 36 | 11.15 Appeal from Decision of the Labor Commissioner under Labor Code section 98.2
In a civil proceeding, the defendant or respondent must make a peremptory challenge within 15 days of the earlier of filing the first pleading or making the first appearance.
and, for the defendant/respondent, shall be within fifteen (15) days of filing the first pleading or first appearance in the matter, whichever is earlier.
Page 37 | 11.23 Direct Calendaring of Cases
In a criminal proceeding, the People must make a peremptory challenge within 10 days of the notice of assignment.
Peremptory challenges under Code of Civil Procedure section 170.6, in a criminal proceeding, shall be made by the People within ten (10) days of the notice of assignment
Page 37 | 11.23 Direct Calendaring of Cases
In a criminal proceeding, the defendant must make a peremptory challenge within 10 days of the first appearance.
for the defendant, shall be made within ten (10) days of the first appearance in the matter.
Page 37 | 11.23 Direct Calendaring of Cases
In a civil proceeding, the plaintiff or petitioner must make a peremptory challenge within 15 days of the notice of assignment.
Peremptory challenges under Code of Civil Procedure section 170.6, in a civil proceeding, for the plaintiff/petitioner shall be made within fifteen (15) days of the notice of assignment
Page 37 | 11.23 Direct Calendaring of Cases
Appropriate drop-box documents time-stamped before 5:00 p.m. on the deposit date are deemed filed that day.
Any documents deposited in the drop box, which are court time stamped before 5:00 p.m. on the date of deposit will be deemed filed on the date of deposit, if they are appropriate for filing.
Page 37 | 11.22 Drop Box Policy
After issuing an Order to Show Cause, the court must order the respondent to file a Return within 30 days.
Immediately after the Court issues an Order to Show Cause, the court shall order respondent to file a Return within thirty (30) days, and shall also appoint counsel for the petitioner.
Page 39
Unless already filed, proofs of service must be filed at least five court days before the hearing or the matter may be dropped from the law and motion calendar.
Unless previously filed, proofs of service must be filed five (5) court days before the hearing or the matter may be dropped from the law and motion calendar.
Page 40 | 11.27 Filing of Papers
For a same-day decision on the papers, the applicant must provide notice and submit moving papers by 10:00 a.m.; otherwise, the decision will issue the next court day.
As required pursuant to California Rules of Court 3.1200 et seq., the applicant must provide notice and submit moving papers by 10:00 a.m. for a judicial decision to be issued the same day on the papers alone. Otherwise, a decision shall be issued the next court day.
Page 40 | 11.26 Ex Parte Orders in Family Law Matters
Service and Proof of Service Rules
Evidence must be served before the scheduled date of the remote appearance.
If you intend to appear remotely, you must also submit and serve your evidence prior to the scheduled date.
Court notice
Page 1 | Remote Court Appearances
A party joining another party’s motion must comply with applicable service requirements or relief will not be granted.
another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service.
Page 11 | Chapter 4 – Civil Law and Motion Rules
The continuance requester must provide opposing counsel or self-represented parties a copy of the confirming notice.
The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per.
Page 11 | 4.06 Continuances
Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.
Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.
Page 12 | 5.00 Settlement Conferences and Settlement Conference Statements
Notice of an Ex Parte Application to set a matter on calendar must be given to the opposing party at least 24 hours before the hearing and during regular business hours; if less notice is given, the application must explain why, and the parties may waive the 24-hour requirement by written stipulation.
Notice of any Ex Parte Application to set matter on calendar must be provided to the opposing party no less than twenty-four (24) hours prior to the hearing. If twenty-four (24) hours notice is not given, an explanation why proper notice was not provided must be included in the Ex Parte Application. Notice must be provided during regular business hours. Failure to include the required notice, or sufficient cause for failing to do so, may result in the denial of the Application. The twenty-four (24) hour notice provision may be waived by the parties upon written stipulation.
Page 14 | 6.04 Filing of Papers
Opposition and reply papers must be served by a method that ensures receipt within 24 hours after filing, with email permitted only by written agreement, and the motion will not be heard unless all parties are timely served.
All opposition and reply papers shall be served upon opposing counsel by personal delivery, express mail, federal express, email (when agreed to in writing by the parties), fax, or other means designed to ensure that the opposition and reply papers are received by opposing counsel within twenty-four (24) hours of filing. The motion shall not be heard unless the above-mentioned documents have been served on all parties to the proceeding within the time limits specified.
Page 15
The specified trial motions must be served on opposing counsel and filed with the court by the date of the Trial Readiness Conference.
These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC).
Page 16 | 6.06 Motions at Trial
A copy of the income deduction order must be served on the defendant’s payors.
A copy of this order shall be served on the defendant's payor(s).
Page 19 | Standing Income Deduction Order
The clerk must serve all parties with a Notice of Dismissal.
The clerk will serve all parties with a Notice of Dismissal
Page 22 | 7.01 Duties if Case Settles
All pleadings must be served and filed in accordance with California Rules of Court, rule 3.110.
All pleadings must be served and filed pursuant to rule 3.110 of the California Rules of Court.
Page 23 | 8.04 Filing and Service of Pleadings
A party contesting a tentative ruling must request a hearing and notify the opposing party by 4:00 p.m. the day before the hearing; otherwise, the tentative ruling becomes final.
Any party who wishes to contest the tentative ruling must request a hearing and notify the opposing party of the request no later than 4:00 p.m. on the day before the hearing. If a hearing is not requested by 4:00 p.m., the tentative ruling will become the final ruling of the court.
Page 23 | 8.05 Case Management Conferences
The Notice of Inclusion in the Delay Reduction Program must be served with the complaint.
At the time of filing the complaint, the clerk will issue a “Notice of Inclusion in Delay Reduction Program.” The notice must be served with the complaint.
Page 23 | 8.04 Filing and Service of Pleadings
Cross-complainants must serve each new cross-defendant with the initial Delay Reduction Program notice and notice of any other pending Case Management Conference hearing date.
Cross-complainants shall serve all new cross-defendants with a copy of the initial “Notice of Inclusion in Delay Reduction Program” document and with notice of any other pending Case Management Conference hearing date.
Page 25 | 8.13 Cross-Complaints
The filed award must include proof that it was served on each party.
Within ten (10) days after hearing, the arbitrator shall file the award with the court, with proof of service on each party.
Page 28 | 9.05 Filing Award and Trial De Novo
The clerk mails the arbitrator list to counsel, and each side has ten days from mailing to file a rejection of no more than one name.
The list of randomly selected names shall be mailed to counsel and each side has ten days from the date of mailing to file a rejection of no more than one name on the list.
Page 28 | 9.01 Random Selection
The appeal papers must include a declaration proving service of a copy of the Notice of Appeal on the Labor Commissioner.
3. A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.
Page 35 | 11.15 Appeal from Decision of the Labor Commissioner under Labor Code section 98.2
The plaintiff must serve a blank Case Intake Sheet with the summons and complaint.
The plaintiff must serve a blank copy of the Case Intake Sheet with the summons and complaint.
Page 36 | 11.20 Case Intake Sheet
Requests for continuances, extensions of time, and other motions submitted on the pleadings must be served on all parties according to applicable rules and statutes.
All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.
Page 36 | 11.21 Submission of Orders and Settlement Agreements
After an Order to Show Cause issues, opposed extension requests and all other motions must be served on the opposing party.
All opposed requests for extensions of time and all other motions, made after the issuance of an Order to Show Cause, must be served upon the opposing party.
Page 39
The plaintiff must file proof of service on the defendant in the Clerk’s Office at least five calendar days before the hearing, or the case may be dismissed without prejudice.
Plaintiff must file proof of service on the defendant in the Clerk’s Office at least five (5) calendar days before the hearing or the case may be dismissed without prejudice.
Page 41 | 11.31 Small Claims – Return of Service
The parties must exchange their most recently filed federal and state personal income tax returns at least five court days before the hearing, unless the court orders otherwise.
In addition, the parties shall exchange copies of their most recently filed federal and state personal income tax returns at least five (5) court days prior to the date set for hearing unless otherwise ordered by the court.
Page 45
When serving a Request for Order, the moving party must also serve blank copies of the prescribed Responsive Declaration and Income and Expense Declaration forms.
In addition to the requirements of the California Rules of Court, a blank copy of the forms Responsive Declaration re: Request for Order, and Income and Expense Declaration prescribed by the California Rules of Court shall be served upon the opposing party when he or she is served with the moving party's Request for Order.
Page 45 | Orders to Show Cause
The moving party must deliver moving papers to the other party as early as reasonably possible before the ex parte appearance using the fastest available means, such as personal delivery or fax.
The moving party shall deliver his or her moving papers to the other party at the earliest reasonable opportunity in advance of the ex parte appearance, using the most expeditious means available, including, but not limited to, personal delivery or facsimile transmission.
Page 45 | 13.01 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders
The opposing party must receive reasonable notice before an application to shorten time; reasonable notice is presumed to be at least 24 hours.
Reasonable notice, which is presumed to be not less than twenty-four (24) hours, shall be given to the opposing party prior to application.
Page 45 | 13.01 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders
Opposing papers must be served on each party at least nine court days before the hearing; good cause may excuse noncompliance.
All papers opposing a matter or order to show cause shall be filed with the court and served on each party at least nine (9) Court days prior to hearing. Unless good cause is shown, failure to comply may result in refusal by the court to consider any papers not timely filed or in the imposition of sanctions as permitted by law.
Page 46 | 13.01(B) Time Limitation on Filing Moving Papers, Declarations, or Points and Authorities; Place of Filing; Meet-and-Confer Rule
The statement of issues must be served on opposing parties or counsel at least 20 days before the long cause hearing.
At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.) The original of each party's statement shall be filed with the court and copies served on the opposing parties or counsel.
Page 46 | 13.03 Statement of Issues in Long Cause Cases
If service is not completed by the applicable deadline, the matter will be dropped from the calendar and counsel must file new papers unless a written order resets the date.
Absent a written order resetting the matter to a new date, if service is not completed by the date specified by law, in the request for order or order to show cause, the matter will be dropped from the calendar and counsel must file new papers to reset the matter.
Page 47 | 13.04 Failure to Serve
A challenge for cause may be made ex parte if the opposing side receives at least 24 hours’ notice.
The challenge for cause may be made on an ex parte basis, giving the opposing side at least twenty-four (24) hours notice.
Page 49 | D. Peremptory Challenge of Mediator
A party wishing to have the evaluator testify must notify and subpoena the evaluator at least 20 days before the evidentiary hearing or trial.
The party who wishes to have the evaluator present at the evidentiary hearing/trial must notify the evaluator at least 20 days prior to the evidentiary hearing/trial date and subpoena that person.
Page 49 | Evaluator procedure
An evaluator deposition must be noticed at least 10 days in advance unless the evaluator and the party agree otherwise.
Any deposition of an evaluator shall be noticed at least 10 days prior to the deposition date or by agreement between the evaluator and the party.
Page 49 | Evaluator procedure
An appointed expert must provide the report concurrently to the court, every attorney, and every unrepresented party.
Whenever any expert appointed by the court pursuant to Evidence Code section 730 renders a report, the expert shall concurrently provide a copy of his or her report to the court, and to each attorney and unrepresented party.
Page 51 | 13.10 Report of Expert Appointed Pursuant to Evidence Code section 730
Filing Fees and Waivers
Documents submitted without the appropriate filing fee will be returned unfiled.
Documents submitted without appropriate filing fees according to the court's Statewide Filing Fee Schedule will be returned un-filed.
Civil cases
Page 1 | Where do I file my Papers?
A party joining another party’s motion must comply with applicable motion-filing procedures, including payment of filing fees, proper notice, motion format, and service requirements, or relief will not be granted.
another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service.
Page 11 | Chapter 4 – Civil Law and Motion Rules
A party requesting a daily transcript in a civil case must pay the contracted court reporter before each day of trial begins.
Any party(s) requesting a daily transcript in a civil case shall pay the fees therefore to the court reporter contracted with the court prior to the commencement of each day of trial.
Page 31 | 11.05 Official Reporter Fees
Parties using the official reporter in civil proceedings must pay $75 for proceedings lasting less than one hour.
Pursuant to Government Code section 68086 and rule 2.958 California Rules of Court parties utilizing the services of the official reporter in civil proceedings shall pay the following fees: Proceedings less than one hour $75.00
Page 31 | 11.05 Official Reporter Fees
Official reporter fees must be deposited with the court before trial or the hearing begins.
Fees shall be deposited with the court prior to the commencement of trial or hearing.
Page 31 | 11.05 Official Reporter Fees
Parties using the official reporter in civil proceedings must pay $300 for a half day.
Pursuant to Government Code section 68086 and rule 2.958 California Rules of Court parties utilizing the services of the official reporter in civil proceedings shall pay the following fees: Half Day $300.00
Page 31 | 11.05 Official Reporter Fees
Jury fees must be deposited pursuant to Code of Civil Procedure section 631.
Jury fees shall be deposited pursuant to Code of Civil Procedure section 631.
Page 31 | 11.03 Jury Fees
Parties using the official reporter in civil proceedings must pay $600 for a full day.
Pursuant to Government Code section 68086 and rule 2.958 California Rules of Court parties utilizing the services of the official reporter in civil proceedings shall pay the following fees: Full Day $600.00
Page 31 | 11.05 Official Reporter Fees
After a check or money order is dishonored, no further filings are accepted until payment is received, and future filings must be paid in cash unless the court directs otherwise.
In addition, no further court filings will be accepted from said person or firm until payment is received, and all future filings will be accepted on a cash-only basis. Exceptions to the cash-only basis will be made only at the direction of the court in which the matter is pending.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
All court reporter fees must be paid before the hearing.
All fees for the Court Reporter must be paid prior to the hearing.
Page 32 | 11.06 Availability of Court Reporting Services
A waived filing fee must be ordered paid from settlement proceeds before orders approving compromise and deposit are filed.
In any case in which the filing fee was waived, it shall be ordered paid out of the settlement proceeds by court order before orders approving compromise and deposit are filed.
Page 42 | Filing Fee
The respondent must pay the first appearance filing fee unless the respondent files a fee waiver or is on active military duty.
Respondent shall pay the first appearance filing fee, unless respondent files a fee waiver or is currently on active duty in the military.
Page 54 | 13.14.C.3
The court assesses investigation fees in guardianship and conservatorship cases unless the fees are waived due to hardship under the cited Probate Code provisions.
Unless investigator fees are waived due to hardship per Probate Code sections 1851.5 or 1513.1, the court will assess fees for the cost of investigations in guardianship and conservatorship cases.
Page 68 | 17.03 Investigator Fees
Payment must be remitted to the court within 30 days of receiving the bill, subject to an objection exception that is cut off in the source text.
Upon receipt of the bill, payment must be remitted to the Court within thirty (30) days, unless a proper objection to the
Page 68 | 17.03 Investigator Fees
Different filing fees may apply to Limited and Unlimited Civil cases.
In addition, different filing fees may be charged.
Civil cases
Page 1 | Civil Division
An arbitrator may not be paid until the award is timely filed with the clerk or a Notice of Settlement has been filed.
Pursuant to rule 3.819 of the California Rules of Court, the arbitrator's award must be timely filed with the clerk of the court or a Notice of Settlement must have been filed before a fee may be paid to the arbitrator.
Page 28 | 9.06 Arbitrator’s Fees
Public-distribution copies or reproductions of official court records and exhibits must be made by authorized Court personnel and may be subject to an established Court charge.
Any such copying and reproduction for public distribution shall be done by such authorized personnel, subject to any established Court charge for these services.
Page 29 | 11.00 Photocopying and Reproducing Official Court Records
A personal check over $300 is not accepted for a bail deposit from an in-custody defendant when bail is not forfeitable under the court's bail schedule.
A personal check will not be accepted for an amount in excess of $300.00 from a defendant in custody as a deposit of bail for an alleged violation of law in which the bail is not forfeitable under the court's bail schedule.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
The court may strike a fee-required pleading paid for with a dishonored check if full payment is not received within ten days.
Further, the court may strike the filing of any pleadings for which a fee is required and paid for with a dishonored check, if payment in full is not received within ten (10) days.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
A dishonored check or money order tendered for a court fee or fine incurs a service charge up to the statutory maximum, and collection may also be pursued as allowed by law.
Any person or firm who tenders a check or money order in payment of a court fee or fine, which check or money order is dishonored, shall be assessed a service charge in the maximum amount permitted by section 71386 of the Government Code. Collection will be sought for any personal check or money order which is returned without payment for any reason in addition to any amount allowed by law for the failure to make payment following a written demand as provided in Civil Code section 1719.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
Checks and money orders may be used for court fees or fines only if they satisfy the cited rule, and the clerk may require proof of validity and tenderer identity.
No checks or money orders will be accepted in payment of court fees and/or fines unless they meet the requirements set forth in rule 10.821, California Rules of Court. Prior to acceptance of any check or money order, the clerk may require satisfactory proof of its validity and of the identity of the person who tenders it.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
If an official court reporter is unavailable, a party may arrange a certified shorthand reporter as a pro tempore reporter and must pay that reporter directly.
Pursuant to rule 2.956 of the California Rules of Court, if the services of an official court reporter are not available for hearing or trial, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the requesting party’s responsibility to pay the pro tempore reporter’s fee directly to the reporter for attendance at the proceedings.
Page 32 | 11.06 Availability of Court Reporting Services
A fee is charged for continuances in family law matters unless a statute, rule, or case law precludes it.
A continuance fee will be charged for continuances in all family law matters, pursuant to Government Code section 70617, subdivision (c)(1), except where a statute, rule or case law precludes charging said fee.
Page 58 | 13.18 Continuance Fees
Guardianship petitioners who do not qualify for an investigation-fee waiver may ask the court to allow monthly payments due to hardship.
Petitioners in guardianship cases who do not qualify for waiver of investigation fees may request permission from the court to make monthly payments due to hardship.
Page 68 | 17.03 Investigator Fees
The current fee for a CourtCall appearance must be obtained from CourtCall.
Please contact CourtCall for the current fee for this service.
Civil cases
Page 1 | Can I appear by Phone?
In criminal proceedings, personal checks are accepted for fines or bail deposits for offenses not declared felonies.
In criminal proceedings, a personal check will be accepted in payment of any fine or for a deposit of bail for any offense, which is not declared to be a felony.
Page 31 | 11.02 Acceptance of Checks and Other Negotiable Paper
Official reporter fees may change without notice or an amendment to the rules.
Fees are subject to change without notice or amendment of these rules.
Page 31 | 11.05 Official Reporter Fees
Courtesy Copy Requirements
At the time moving and opposing papers are filed, the parties shall lodge with the clerk’s office a chambers copy of all pleadings and papers filed.
At the time moving and opposing papers are filed, the parties shall lodge with the clerk’s office a chambers copy of all pleadings and papers filed.
Page 8 | 4.02 Summary Judgment Motions
Sealing & Redaction Procedures
The court will not redact victims’ or witnesses’ confidential personal information; agencies preparing and presenting documents bear the burden of ensuring that information is not included.
All agencies should bear in mind that the court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the court’s consideration. Rather, the burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court.
Page 14 | 6.04 Filing of Papers
Applications and supporting declarations must be marked Confidential and kept in a confidential section of the court file.
The application and supporting declarations shall be marked "Confidential," and shall be kept in a confidential section of the Court file.
Page 21 | 6.20 Appointment of Investigators/Ancillary Services
Jurors’ addresses and telephone numbers in criminal proceedings are conditionally sealed upon discharge, with an access petition process requiring notice to affected jurors and an opportunity to oppose unsealing.
The addresses and telephone numbers of jurors in any criminal jury proceeding are deemed conditionally sealed at the time the jury is discharged, as to persons other than court employees on official business, subject to any person petitioning the court for access to these records. If a petition for access to juror personal identifying information is received, the court shall give all potentially affected jurors at least ten days notice of the hearing date and an opportunity to oppose the unsealing of juror personal identifying information.
Page 29 | 10.03 Sealing of Juror Personal Identifying Information
Materials submitted for filing under seal must be transmitted securely, and both the materials and their envelope or container must be labeled “CONDITIONALLY UNDER SEAL.”
Documents submitted for filing under seal must be transmitted to the court in a secure manner that preserves the confidentiality of the records to be lodged. The materials to be lodged under seal must be clearly identified as “CONDITIONALLY UNDER SEAL.” The envelope or container lodged with the court must also be labeled “CONDITIONALLY UNDER SEAL.”
Page 36 | 11.17 Filing/Lodging of Confidential Papers
Listed evaluator-related records are confidential and unavailable for inspection through the evaluator unless a party obtains a court order; they cease to be confidential to the extent disclosed or otherwise made discoverable.
The following documents are deemed to be confidential and are not available for inspection by the parties or their attorneys through the evaluator: CII records, medical reports; mental health professionals’ reports; drug test analysis; restricted law enforcement reports; mediation discussions; NCADD (National Council of Alcohol and Drug Dependence) reports, and any Alcohol and Drug Program report. Parties seeking to inspect such reports must petition the court for an order permitting such inspection. To the extent that the contents of such records have been disclosed in another manner, or have otherwise been made discoverable, such documents will no longer be deemed confidential.
Page 49 | E. Confidential Documents
Documents submitted for filing which are required to be kept confidential pursuant to statute or court order, must contain the work “CONFIDENTIAL” in bold caps directly beneath the document title and should be filed under seal under the provisions set forth in rule 2.551 of the California Rules of Court.
Documents submitted for filing which are required to be kept confidential pursuant to statute or court order, must contain the work “CONFIDENTIAL” in bold caps directly beneath the document title and should be filed under seal under the provisions set forth in rule 2.551 of the California Rules of Court.
Page 14 | 6.04 Filing of Papers
A CASA volunteer’s personnel file is confidential and accessible only to the listed people, but personnel records remain subject to the court’s subpoena power.
CASA volunteer's personnel file is confidential under rule 5.655. No one shall have access to the file or any of its contents, except the volunteer, the CASA Program Director, and the Presiding Judge of the Juvenile Court. A volunteer's personnel records, however, are subject to the court's subpoena power.
Page 66 | D. Status of CASA Volunteers
Capacity declarations on Form GC 335 are confidential.
All capacity declarations (Form GC 335) are deemed confidential.
Page 69 | 17.07 Capacity Declarations
Instead of declarations, parties may submit police, arrest, or investigative reports if all victims’ and witnesses’ confidential personal information is redacted.
In the alternative to providing declarations to the court, the parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses.
Page 14 | 6.04 Filing of Papers
Pre-Motion Conference Requirements
A party that considers discovery compliance insufficient must informally request the specific items sought before filing a formal discovery motion.
When a party's compliance with an informal discovery request under Local Rule 6.10 is considered insufficient by the requesting party, the requesting party shall make an informal request for the particular items sought prior to making a formal discovery motion.
Page 16 | 6.12 Discovery Motions
The opposing party has 10 days after service to file an opposition, after which the court will issue a written ruling.
The opposing party shall have ten (10) days from the date of service of the motion or opposed request for an extension of time in which to file an opposition. Upon expiration of said time period, the court will issue a written ruling.
Page 39
After the respondent files a Return, the petitioner may seek leave for discovery by written motion; if good cause is found, the parties must confer on a discovery plan before the petitioner may seek a court discovery conference if they cannot agree.
After the Order to Show Cause has issued and respondent has filed its Return, the petitioner may, by written motion, seek leave of court to engage in discovery. If the court finds good cause for allowing discovery, it will direct the parties to confer in person or by telephone and agree to a discovery plan. If the parties cannot agree, the petitioner may file a noticed motion asking the court to convene a discovery conference at which the court will fashion a discovery plan, which will specify the form and subjects of discovery the petitioner may utilize, and the time period in which discovery may take place.
Page 39
Counsel and the parties must personally appear and participate in good faith in the settlement conference until released by the settlement judge or the contested hearing date is confirmed.
Counsel and the parties shall personally appear for a settlement conference. The date of the settlement conference will be set at the time the contested hearing date is determined. Counsel and the parties shall participate in good faith in the settlement conference until released by the settlement judge or until the contested hearing date is confirmed by the judge.
Page 46 | 13.02 Settlement Conferences and Meet-and-Confer Rule
If both parties fail to timely file statements of issues, the mandatory settlement conference still takes place, but the matter is dropped from the trial calendar.
If both parties fail to file timely a statement of issues, the mandatory settlement conference shall take place, but the matter shall be dropped from the trial calendar.
Page 46 | 13.03 Statement of Issues in Long Cause Cases
Counsel must meet and confer before the contested hearing to try reasonably to resolve disputed issues and exchange relevant documents.
Counsel shall meet and confer before the date of the contested hearing in a reasonable attempt to resolve the disputed issues and to exchange all relevant documents.
Page 46 | 13.02 Settlement Conferences and Meet-and-Confer Rule
Counsel must confer before the hearing to try reasonably to resolve disputed issues and exchange relevant documents.
Counsel shall confer before the date of hearing to make a reasonable attempt to resolve disputed issues and to exchange all relevant documents. Failure to comply with this rule in good faith may result in dropping the matter from the calendar and/or the imposition of sanctions.
Page 46 | 13.01(B) Time Limitation on Filing Moving Papers, Declarations, or Points and Authorities; Place of Filing; Meet-and-Confer Rule
The judge may specially set a settlement conference in any family-law matter upon a party’s application or on the court’s own motion.
Upon application of any party, or on the court’s own motion, the judge may specially set a settlement conference in any family law matter.
Page 46 | 13.02 Settlement Conferences and Meet-and-Confer Rule
Adjournment & Extension Requirements
Failure to provide the required confirming notice will cause the matter to be dropped from the calendar.
Failure to provide confirming notice, as directed herein, will result in the matter being dropped from the calendar.
Page 11 | 4.06 Continuances
For a continuance of a court-ordered hearing, the order may be obtained ex parte or by a written stipulation of all parties submitted to the court five court days before the hearing.
The order may be obtained ex parte or by written stipulation of all parties submitted to the court five (5) court days before the date set for hearing.
Page 11 | 4.06 Continuances
A party intending to appear in court to request a continuance of a motion must notify the court at least seven court days before the hearing.
If any party intends to appear in court to request continuance of a motion, such party shall notify the court at least seven (7) court days before the time set for hearing.
Page 11 | 4.06 Continuances
A court-ordered hearing may be continued only by court order.
Any court ordered hearing, such as a hearing on an order to show cause, an application for a temporary restraining order or injunctive relief, may be continued only on order of the court.
Page 11 | 4.06 Continuances
A party or counsel requesting a continuance must send confirming notice to the court at least two days before the original hearing time and provide a copy to opposing counsel or self-represented parties.
The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per.
Page 11 | 4.06 Continuances
A contested continuance, or one involving a matter the clerk has already reset more than twice, must be requested by noticed motion or ex parte application under the applicable rules.
If the requested continuance is contested, or if the matter has been previously reset by the clerk more than twice, the request shall be made by noticed motion or ex parte application pursuant to the rules set forth herein.
Page 11 | 4.06 Continuances
A matter may not be reset more than twice.
In no event shall the matter be reset more than twice.
Page 11 | 4.06 Continuances
A continuance of a summary-judgment or summary-adjudication motion requires court approval; the order may be obtained ex parte, and the request must be made at least seven court days before the hearing.
The court must approve any continuance of a motion for summary judgment or a motion for summary adjudication. The order may be obtained by ex parte application. Any request for continuance of such a motion must be made at least seven (7) court days before the scheduled hearing.
Page 11 | 4.06 Continuances
A continuance requires court approval for good cause, and Penal Code section 1050 must be strictly followed unless the court excuses compliance under subdivisions (c) or (d).
No matters will be continued unless approved by the court for good cause. Strict compliance with Penal Code section 1050 is required, unless excused by the court pursuant to subdivisions (c) and/or (d) of section 1050.
Page 13 | 6.01 Continuances
When a motion to continue one of the specified conferences or a trial is granted, the matter must be reset to a specific date at that time.
If a motion to continue a status conference date, a trial setting conference date, a settlement conference date, or a trial date is granted by the judge or his/her designee, the matter shall be reset on a specific date at the time the motion is granted.
Page 24 | 8.08 Motions for Relief from Time Limits
A motion for relief from a Trial Court Delay Reduction Program rule must show good cause to be made and granted.
Motions for relief from any of the rules relating to the program shall be made and may be granted only upon showing of good cause.
Page 24 | 8.08 Motions for Relief from Time Limits
Motions seeking relief from Trial Court Delay Reduction Program rules must be brought before the judge.
Motions for relief from any of the provisions of these rules relating to the Trial Court Delay Reduction Program shall be brought before the judge.
Page 24 | 8.08 Motions for Relief from Time Limits
Requests for continuances, extensions of time, and other motions submitted on the pleadings must be accompanied by a separate order and served on all parties.
All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.
Page 36 | 11.21 Submission of Orders and Settlement Agreements
For a motion for continuance to be made in court on a short cause matter, the court must be notified by phone or written notice filed with the court two days before the hearing.
Continuances for the short cause matters are governed by local rule 4.06. If a motion for continuance is to be made in court, the court shall be notified by phone or written notice filed with the court two (2) days prior to the hearing.
Page 47 | 13.05 Continuances on Short Cause Calendars
Motions for continuances or to drop the matter must be heard by the assigned judge.
All motions for continuances or to drop the matter shall be heard by the assigned judge.
Page 56 | 13.15 E. Settlement Conferences and Meet-And-Confer Rule
A defendant may request a continuance before the promised appearance date without depositing bail, and a traffic officer may request one based on unavailability; all continuance requests must be submitted at least ten court days before the hearing.
Prior to the date upon which the defendant promised to appear and without depositing bail, the defendant may request a continuance of the written promise to appear. Similarly, a traffic officer may request a continuance of the matter based upon his or her unavailability. All requests for continuances must be submitted at least ten (10) court days prior to the date of the hearing.
Page 67 | 15.02 Continuances
The continuance provisions in this section apply only to law-and-motion matters, not trial continuances or matters set under the Trial Delay Reduction Rules.
These provisions apply only to the continuances of law and motion matters and do not apply to the continuances of trial or any matters set pursuant to the Trial Delay Reduction Rules.
Page 11 | 4.06 Continuances
For a continuance involving a motion that has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.
If the continuance involves a motion, which has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.
Page 11 | 4.06 Continuances
For an uncontested continuance that has been served, the moving party may request that the matter be re-calendared.
If the requested continuance is uncontested and has been served, the matter may be re-calendared upon request of the moving party.
Page 11 | 4.06 Continuances
A party's residence outside the county, by itself, does not establish good cause for relief from the program's time limits.
The mere fact that a party resides out of county will not, standing alone, constitute good cause.
Page 24 | 8.08 Motions for Relief from Time Limits
After an Order to Show Cause and appointment of counsel, the court may immediately grant an extension request served on opposing counsel if the moving party represents that opposing counsel was contacted and does not oppose it.
After an Order to Show Cause has issued and counsel has been appointed for petitioner, the Court may immediately grant those requests for extensions of time that have been served on opposing counsel, and in which the moving party has represented that s/he has contacted opposing counsel about the request and that opposing counsel does not oppose the extension of time sought.
Page 39
Motions for continuances and requests to drop the matter must be heard by the assigned judge.
All motions for continuances or requests to drop the matter shall be heard by the assigned judge.
Page 46 | 13.02 Settlement Conferences and Meet-and-Confer Rule
If one party fails to file the required statement, the complying party may continue or drop the trial date, and sanctions may result.
Failure by one party to file a Statement pursuant to this rule will allow the complying party to continue or drop the trial date and may result in the imposition of sanctions.
Page 56 | 13.15 F. Statement of Issues, Contentions and Proposed Disposition of the Case
Chambers Communication Rules
If testimony is required, the moving party must apply to the clerk for a hearing date and file the court-provided form for setting the default or uncontested matter for hearing.
If testimony is required, the moving party must apply to the clerk for a hearing date and file the form provided by the court for setting default or uncontested matters for hearing.
Page 9 | 4.04 Default Judgments by Affidavit
Notice of intent to appear at the hearing by leaving a voice message on the court’s oral argument line at (209) 257-2692, pursuant to CRC 3.1308(a) is required. Parties intending to appear and contest the tentative ruling must notify the court and opposing counsel by telephone no later than 4:00 p.m. on the court day before the hearing. Unless opposing counsel has been notified of such intent, oral argument will not be permitted. These tentative ruling procedures do not apply in any case in which a self-represented party is in the custody of the California Department of Corrections.
Notice of intent to appear at the hearing by leaving a voice message on the court’s oral argument line at (209) 257-2692, pursuant to CRC 3.1308(a) is required. Parties intending to appear and contest the tentative ruling must notify the court and opposing counsel by telephone no later than 4:00 p.m. on the court day before the hearing. Unless opposing counsel has been notified of such intent, oral argument will not be permitted. These tentative ruling procedures do not apply in any case in which a self-represented party is in the custody of the California Department of Corrections.
Page 9 | 4.03 Tentative Rulings
A person excused for good cause must remain immediately available by telephone to counsel and the court throughout the settlement conference.
Any person excused by the court for good cause shown shall remain immediately available for telephone communication with counsel and the court for the duration of the settlement conference.
Page 12 | 5.01 Settlement Conference Procedures
When a case with a trial date settles, the responsible party or counsel must notify the court immediately, first by telephone at the earliest possible time and then in writing by email if agreed, fax, or personal delivery.
Whenever a case assigned a trial date settles, the attorneys or parties appearing in pro per shall immediately notify the court. The primary obligation to notify the court shall lie with the party seeking affirmative relief or with plaintiff if either is unrepresented; otherwise this shall be counsel’s obligation. Notice of settlement shall be orally conveyed to the court by telephone at the earliest possible time, and confirmed in writing by email, if agreed, fax transmittal or personal delivery of a written notice of settlement.
Page 22 | 7.01 Duties if Case Settles
Parties must reserve a hearing date with the clerk before submitting an order moving or setting that hearing date.
Parties must reserve hearing dates with the clerk prior to the submission of any order moving or setting a hearing date.
Page 36 | 11.21 Submission of Orders and Settlement Agreements
Ex parte communication between the mediator and a party is prohibited unless the parties stipulate to the contact and the court approves it.
Ex Parte communication between the mediator and either party is hereby prohibited, unless a stipulation regarding such contact is reached and approved by the Court.
Page 49 | E. Confidential Documents
Lawyers should avoid direct or indirect communication with a judge about a pending case, except when court rules permit it or law otherwise authorizes it.
Lawyers should avoid any communication, direct or indirect, about a pending case with a judge except as permitted by court rules or otherwise authorized by law.
Page 6 | Preface to Local Rules and Standards of Professional Conduct — 0.20 Duties Owed in Proceedings Before the Court
A moving party with an unavoidable scheduling conflict may call the court before the hearing and report the conflict to avoid having the matter dropped.
In the event of an unavoidable scheduling conflict, the moving party can avoid having the matter dropped by calling the court at any time prior to the scheduled hearing and reporting the conflict.
Page 16 | 6.07 Failure of Moving Party to Appear
Parties and their attorneys may not contact court legal research staff about a pending matter without prior approval from the assigned judge or, if none is assigned, the Presiding Judge.
No party, or attorney for a party, in any action or proceeding pending in this court shall contact or attempt to contact any member of the court’s legal research staff concerning such pending matter, without the prior approval of the judge to whom the matter has been assigned, or if the matter has not been assigned, the Presiding Judge.
Page 33 | 11.08 Contacting Court’s Legal Research Staff
Counsel or a self-represented party must notify the court of an interpreter need as early as possible and at least 14 days in advance, unless good cause supports shorter notice.
Counsel or, if self-represented, the party shall notify the court that an interpreter is required as early as possible, and at least fourteen (14) days in advance, unless good cause exists for notice on shortened time.
Page 33 | Chapter 11 – Miscellaneous
Ex parte communications are discouraged.
Ex parte communications are discouraged.
Page 37 | 11.24 Habeas Corpus
Hearing dates, times, and places must be scheduled through the clerk’s office.
The date, time, and place of hearing shall be scheduled through the clerk’s office.
Page 45 | 13.01 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders
If both parties in good faith believe the matter cannot be completed in fifteen minutes, they must inform the court when it is called, and the court may reset it as appropriate.
In the event both parties in good faith believe that the matter cannot be completed in fifteen (15) minutes, they shall, at the time the matter is called, so inform the court. The court may then set the matter as may be appropriate.
Page 47 | 13.07 Matters Exceeding 5-10 Minutes; Special Setting
The courtroom clerk must be notified of a late appearance to avoid the matter being ordered off calendar when no one appears at calendar call.
Any matter in which there is no appearance at the time of calendar call shall be ordered off calendar, unless the courtroom clerk has been notified that there will be a late appearance.
Page 47 | 13.06 Lack of Appearance
Mediation complaints must be submitted in writing to the Court Executive Officer at the stated address, and a written response will be provided within 10 business days of receipt.
Complaints must be in writing and directed to the Court Executive Officer, Amador Superior Court, 500 Argonaut Lane, Jackson, CA 95642. You will receive a written response within ten (10) business days of receipt of the written complaint.
Page 49 | F. Mediation Complaint Procedure
Call the listed number with calendar questions and be prepared to provide a case number or party name(s).
Call 209-257-2600 for questions related to the calendar. Be prepared to provide a case number or party name(s).
Court notice
Page 1 | Court Calendars
The Clerk’s Office can be reached by phone Monday through Friday from 9 AM to 3 PM at 209-257-2603.
The Clerk’s Office is available by phone 9AM-3PM M-F. Call: 209-257-2603
Civil cases
Page 1 | Civil Division
A party unable to access the online portal may obtain the tentative ruling by telephone before 3:00 p.m.
If a party is unable to access the online portal, the tentative ruling may be accessed by telephoning (209) 257-2603, prior to 3:00 p.m.
Page 9 | 4.03 Tentative Rulings
To obtain a new date for an unserved motion’s continuance, the requester may contact the calendar clerk.
If the continuance involves a motion, which has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.
Page 11 | 4.06 Continuances