Amador Superior Court Document Filing Requirements

WARNING

Applies to

Motion

A motion relying on authority from a foreign jurisdiction must include a copy of that authority, except for federal cases and United States Supreme Court decisions.

If counsel relies on authorities from a foreign jurisdiction, such as another state, a copy of such authority shall be attached to the motion. This rule includes Attorney General opinions, local ordinances, law review articles, citations to other state cases and statutes, other than federal cases and United States Supreme Court decisions.

WARNING

Applies to

Income and expense declaration or financial statement

A party receiving public assistance benefits must disclose that fact in No. 1 of the Income and Expense Declaration or Financial Statement.

If a party is receiving public assistance benefits, that fact shall be disclosed in No. 1 of the Income and Expense Declaration or Financial Statement.

WARNING

Applies to

Jury service excuse request

A prospective juror requesting an excuse for a reason requiring verification must provide sufficient verification or a means to verify it, and the Jury Commissioner may deny the request for failure to do so.

Where a prospective juror requests an excuse based on reasons that require verification, i.e. medical reasons, it is the responsibility of the prospective juror to provide sufficient verification or a means of verification to the Jury Commissioner. Where the prospective juror requesting an excuse fails to provide verification or a means of verification, the Jury Commissioner may, on the basis of such failure alone, deny the request.

WARNING

Applies to

Jury service deferral or excuse request

A person facing undue hardship may request a deferral in writing; a nonmedical request for a permanent excuse must be made to the court when the person is required to appear.

Persons for whom jury service would constitute undue hardship may apply in writing to the jury commissioner for deferral to another date. Those persons requesting a permanent excuse from jury service due to an undue hardship, with the exception of medical reasons, must make their request to the court at the time they are required to appear pursuant to summons.

WARNING

Applies to

Supporting declaration

Prosecutors and law enforcement agencies should avoid submitting reports containing victims’ or witnesses’ confidential personal information in support of the listed filings and should instead present declarations that omit that information.

In accordance with Penal Code section 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit police reports, arrest reports or investigative reports containing “confidential personal information” (as defined in subd. (b) of Penal Code § 964) of victims or witnesses to the court in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. Rather, prosecutors and law enforcement agencies should present the court with written declarations from law enforcement officers that are devoid of this confidential personal information.

WARNING

Applies to

Settlement notification

The parties must still promptly notify the court of any settlement under rule 3.1385, even after the mediator submits a statement.

Submission to the court of the mediator’s statement does not relieve the parties of their obligation to promptly notify the court of a settlement pursuant to rule 3.1385 of the Rules of Court.

WARNING

Applies to

Income and expense declaration

The parties must complete the declaration portions relevant to the issues set for hearing.

The parties shall complete the portions of the declarations relevant to the issues to be determined at the hearing.

WARNING

Applies to

Jury service deferral request

A hardship-based jury-service deferral request must include facts specifying the hardship.

Such request must be supported by facts specifying the hardship.

WARNING

Applies to

Income and expense declaration

Any pending hearing date must be clearly stated in the top-right corner of page one of the Income and Expense Declaration form.

Any pending hearing date shall be set forth clearly in the top right-hand corner of page one of the Income and Expense Declaration form.

WARNING

Documents for matters on the family law calendar must state the issues to be heard on the face sheet immediately below the document title.

All matters set for hearing on the family law calendar shall state on the face sheet immediately below the title of the document the issues to be heard.

WARNING

Applies to

Ex parte application

Must include

proposed order

A party may set a law-and-motion matter by submitting an Ex Parte Application and Proposed Order using the court’s website form.

By submission of an Ex Parte Application to set matter on calendar and Proposed Order on the form available on the Court’s website, www.amadorcourt.org.

WARNING

Applies to

Motion withdrawal notice

The moving party may withdraw a motion from calendar up to forty-eight (48) hours before the calendar appearance date by filing a written notice to the court and all parties.

The moving party may withdraw a motion from calendar up to forty-eight (48) hours before the calendar appearance date by filing a written notice to the court and all parties.

WARNINGCivil cases

Applies to

Self addressed stamped envelope

To have conformed copies returned by mail, provide a self-addressed stamped envelope with sufficient postage.

No conformed copies of documents filed with the Clerk's Office will be returned by mail unless a self-addressed stamped envelope, with sufficient postage is provided.

INFO

Applies to

Jury service excuse request

Those persons who, within the past one year, served as trial jurors on any superior or federal court jury panel; served as grand jurors on any county or federal grand jury; or were placed on telephone alert or equivalent standby system for service on any superior or federal court jury panel.

Those persons who, within the past one year, served as trial jurors on any superior or federal court jury panel; served as grand jurors on any county or federal grand jury; or were placed on telephone alert or equivalent standby system for service on any superior or federal court jury panel.

INFO

Applies to

Casa court report

Reports for other hearings or reviews are encouraged when significant new information is available.

reports for other hearings/reviews are encouraged when significant, new information is available.

CRITICAL

To retain competency certification, counsel must file a declaration certifying at least eight hours of dependency-related continuing education in the preceding three years.

In order to retain his or her certification of competency, counsel shall file a declaration certifying that counsel has completed at least eight (8) hours of continuing education related to dependency proceedings within the last three (3) years.

CRITICAL

Applies to

Affidavit or declaration

A request to shorten service or hearing time must be supported by a written affidavit or declaration showing good cause and specified information; generally it must show emergency circumstances, except when a responding party seeks affirmative relief on a date set by the moving party.

An order shortening time for service and/or hearing will not be granted unless supported by a separate written affidavit or declaration demonstrating good cause. If an order shortening time is requested, the supporting affidavit or declaration shall state, pursuant to California Rules of Court, rules 3.1200-3.1207, whether the opposing party is represented by counsel and whether that party has been contacted and has agreed to the requested order shortening time. If the opposing party has not been contacted or agreed to the order shortening time, the supporting affidavit or declaration shall demonstrate why the hearing should be set on the proposed date without the consent of the opposing party. As a general rule, an affidavit or declaration in support of an order shortening time must show emergency circumstances, unless it is solely to enable a responding party to obtain affirmative relief on a hearing date previously set by the opposing party.