Amador Superior Court Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.