Calaveras Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- DV, CH, and EA temporary restraining orders are extended until October 17, 2019, at 8:30 a.m.
- The arbitration hearing must be completed within 90 days of the arbitrator’s appointment; a continuance extending that period requires a court order after noticed motion.
- A judge may extend a temporary restraining order that would otherwise expire August 17–18, 2020, by no more than two days if the emergency prevented proceedings to determine whether to enter a permanent order.
- +19 more
Request must include
- Continuances of infraction trials are discouraged; requests must be based on good cause and submitted at least 10 days before trial.
- A continuance request requires written notice filed with the court and served on the opposing party at least 10 calendar days before trial, unless good cause excuses late notice.
Communication
Phone
Phone
Clerk
Phone
Page & Word Limits1 rule
Settlement Conference Statements are limited to five pages.
- Settlement conference statement for attorneys
- Up to 5 pages
Court's wording
It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages.
Document Format Requirements29 rules
Except where leave of court has been granted, the clerk shall not accept for filing any papers, documents, exhibits or dividers presented on pink or yellow paper.
All papers submitted for filing shall conform to the California Rules of Court, Rule 2.100 through 2.119.
The party filing a “confidential” report shall, at the time of filing the document, submit an 8 ½ by 11 inch envelope with the document title, case number and the word “confidential” printed prominently on the outside.
Pursuant to Penal Code §1417.3(b) and upon a finding of good cause, certain toxic materials may be brought into a courtroom and introduced into evidence provided they remain at all times in a sealed condition and properly labeled as to the exact contents thereof.
The sample copy shall be highlighted in the location(s) where the elisor is to sign as follows: SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF CALAVERAS.
All motions to be relieved as counsel must be made on the approved Judicial Council forms and strictly comply with all requirements of California Rules of Court, Rule 3.1362.
Continuance requests must use the local form “Notice of Motion to Continue Trial.”
Court's wording
Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.
All online filings will be completed on forms mandated by the California Judicial Council or specially approved local forms by the Calaveras County Superior Court.
All online filings will be completed on forms approved by the California Judicial Council or specially approved local forms by the Superior Court.
An original and three copies of each brief shall be filed with the clerk. Notwithstanding the California Rules of Court, briefs shall not be bound.
- Brief
Formatting
- •File one original and three copies of each brief with the clerk
In administrative mandate proceedings (Code Civ. Proc., § 1094.5) the evidence before the court is confined to the administrative record, unless the exception in subdivision (e) of §1094.5 applies and a declaration establishes the application of the exception.
In other kinds of writ proceedings, evidence is presented by way of declarations, deposition testimony, etc., and not by oral testimony unless the court, in its discretion, permits it.
All requests to allow for photography, videotaping, televising or otherwise recording within the courthouse shall be submitted in writing to the Court Executive Officer or submitted on Judicial Council Form MC-500 at the clerks filing window.
Requests for continuances must be based on good cause and submitted on the local form “Request Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.
Documents deposited in the drop box must be in a sealed envelope and accompanied by the appropriate filing fee or fine payment.
The clerk will endorse up to three copies of each document filed.
An offer of proof is a succinct statement given by a party or counsel that states what a particular witness would say if called to the stand. Offers of proof are subject to the same evidentiary objections as live testimony and should be distinguished and presented separately from argument.
A party may first discuss a mediator complaint with the mediator; otherwise, or if the matter remains unresolved, the complaint must be submitted in writing on the court-approved form to the designated official.
- Complaint
Formatting
- •Complaints must be directed in writing on the court-approved form
Court's wording
If a party alleges that the mediator has acted in an unprofessional or inappropriate manner, the party may discuss the complaint with the mediator, otherwise, or thereafter if the matter is not solved, all complaints shall be directed in writing, on the court approved form available at the filing window, to the Family Court Services Director or Court Executive Officer if the Family Court Services Director conducted the mediation.
If a party alleges that the evaluator has acted in an unprofessional or inappropriate manner, the party may discuss the complaint with the evaluator, otherwise, or thereafter if the matter is not solved, all complaints shall be directed in writing, on the court approved form, to the Family Court Services Director.
- Complaint
Formatting
- •Complaints must be directed in writing on the court-approved form
PRINT Attorney or Party without an Attorney (Name and Mailing Address) MUST BE LEGIBLE
If you need more space, please attach an additional sheet of paper and label this section 4(D)(ii).
If you need more space, please attach an additional sheet of paper and label this section 4(F).
If you need more space, please attach an additional sheet of paper and label this section 4(G).
If you need more space, please attach an additional sheet of paper and label this section 4(E).
If a party alleges that the mediator has acted in an unprofessional or inappropriate manner, the party may discuss the complaint with the mediator, otherwise, or thereafter if the matter is not solved, all complaints shall be directed in writing, on the court approved from form available at the filing window, ...
Calaveras Superior Court will process the pink copy of the citation until Angels Camp Police Department receives and starts issuing the revised citations.
It is recommended that all original signatures be in blue ink.
JUDICIAL COUNCIL FORM FL-321 MAY ALSO BE USED FOR THIS PURPOSE.
If you need additional space, please attach a sheet of paper and label this section 6.
Document Filing Requirements220 rules
Reimbursement for other costs (e.g., postage, filing fees) will only be authorized upon submission of valid receipts and justification.
Invoices must include a completed declaration, a detailed billing statement, and the specified case and service details.
Court's wording
All invoices must include: – A completed declaration (Application for Order on Payment of Fees/Costs). – A detailed billing statement. – Case name and number, description and date of services, time expended, and cost of services.
All reimbursable expenses must be pre-approved by the Court and accompanied by paid receipts.
After adopting a countywide bail and penalty schedule, the court must mail the Judicial Council a copy with a report explaining how the revised schedule differs from the applicable uniform schedule.
Court's wording
After a court adopts a countywide bail and penalty schedule, under Penal Code section 1269b, the court must, as soon as practicable, mail a copy of the schedule to the Judicial Council with a report stating how the revised schedule differs from the council’s uniform traffic bail and penalty schedule, uniform boating bail and penalty schedule, uniform fish and game bail and penalty schedule, uniform forestry bail and penalty schedule, uniform public utilities bail and penalty schedule, uniform parks and recreation bail and penalty schedule, or uniform business licensing bail and penalty schedule.
Under Vehicle Code section 40522, an officer arresting for violations specified in Vehicle Code section 40303.5 is required to specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed upon proof of correction.
For a Vehicle Code section 16028 violation, submitting evidence of financial responsibility showing compliance when the notice to appear was issued results in dismissal of further proceedings and no bail collection.
Court's wording
Pursuant to Vehicle Code section 16028(e), upon submission of evidence of financial responsibility, in a form consistent with Vehicle Code section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating Vehicle Code section 16028 was issued, further proceedings for the violation shall be dismissed and no bail amount shall be collected.
For the specified registration offenses, proof of registration, payment of registration fees, or reduction of the vehicle to junk must be produced in court before the offense can be dismissed.
Court's wording
In cases alleging violation of Vehicle Code section 4000(a), or alleging that a vehicle is not registered as required by the Vehicle Code, Vehicle Code section 40152 requires that proof of registration or proof of payment of the appropriate registration fees, or proof that the vehicle has been reduced to junk, be produced in court before the offense can be adjudicated as a dismissal.
A defendant referred to the community education program must provide the court with certification of completion.
Court's wording
VC 15620(b) permits the court to reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving young children unattended in motor vehicles, and provides certification of completion. Upon completion of that program, the defendant shall provide that certification to the court.
Under VC 27156 (g) a notice to appear or complaint issued for violation of VC 27156 must require proof of correction pursuant to VC 40150 or proof of exemption pursuant to 40001.1 or 4000.2.
Upon completion of the program, the defendant shall provide proof of participation in the program.
The application must contain sufficient evidentiary facts to justify granting the prayer. Conclusions or statements of ultimate facts are not sufficient. A foundation should be set forth establishing the affiant's personal knowledge. Attorney declarations based upon information and belief are insufficient to establish evidentiary facts.
All ex parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at
- Document
- Ex parte application for temporary relief
Must include
- •Proposed order
A notice for any Law and Motion matter must include the specified tentative-ruling language; omission may be grounds to deny the motion.
Court's wording
All matters noticed for the Law & Motion calendar shall include the following language in the notice: Pursuant to Local Rule 3.3.7, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m. the court day before the hearing. The complete text of the tentative ruling may be accessed on the Court's website or by calling 209-754-6285 and listening to the recorded tentative ruling. If you do not call all other parties and the Court by 4:00 p.m. the court day preceding the hearing, no hearing will be held and the tentative ruling shall become the ruling of the court. Failure to include this language in the notice may be a basis for the Court to deny the motion.
The objection to having an unlawful detainer trial heard by a commissioner must be in writing.
Court's wording
Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial.
The moving party for any regularly noticed request for order, motion, or order to show cause (without temporary orders) shall choose a convenient hearing date and enter the requested date on the moving papers along with the generally appropriate time and department of Tuesdays at 1:30 p.m. in Department 2.
If your case falls within one of the categories of cases listed in paragraphs 2 or 3 above, and you would benefit from having an interpreter during your court proceedings, you should use this form to request a court interpreter. Complete the first page and file it with the court.
3. Sufficient description of the alleged violation with statutory reference;
2. Must list an appropriate court date at least 21 days (approximately 45 days out is preferred) after the citation is issued;
4. Where no signed promise to appear, the citing officer must include the following: - a. Declaration establishing the factual connection between the defendant and the violation cited; and
1. File the Notice to Appear / Citation and calendar a court date for arraignment;
1. Notice to Appear / Citation verified (signed under penalty of perjury) by the citing officer;
5. Deliver the original Notice to Appear / Citation to the clerk of the court immediately after issuance.
Exhibits: Application for Return/Receipt for Exhibits (Civil) – (Eff. 1/1/19) – Mandatory
Application for Immediate Hearing (Eff. 1/1/08) – Mandatory
Exhibits: Notice and Order for Return/Destruction of Exhibits (Civil) (Eff. 1/1/19) – Mandatory
Declaration Regarding: Application for Order on Payment of Fee/Costs (Eff. 3/16/15) – Mandatory
Exhibits: Application for Pick-Up/Return of Subpoena Duces Tecum (Eff. 1/1/19) – Mandatory
Exhibits: Application for Return/Receipt for Exhibits (Criminal) (Eff. 1/1/19) – Mandatory
Juvenile Certificate of Competence (Eff. 1/1/05) – Mandatory
Exhibits: Return Receipt for Subpoena Duces Tecum (Eff. 1/1/19) – Mandatory
Exhibits: Notice and Order for Return/Destruction of Exhibits (Criminal) (Eff. 1/1/19) – Mandatory
Petition for Grandparent Visitation (Eff. 7/1/25) – Mandatory
Notice of Motion and Motion to Continue Court Trial (Infraction) (Eff. 7/1/10) – Mandatory
Trial Brief; Witness List; Exhibit List (Eff. 7/1/25) - Mandatory
Request for Copy of Electronic Recording (Eff. 7/1/25) – Mandatory
An application to waive additional fees or costs under California Rules of Court, Rule 3.56, must use Judicial Council form FW-002 and be submitted to the appropriate judge.
Court's wording
In addition to the initial fee waiver above, application for waiver of the additional fees / costs referenced in Rule 3.56 of the California Rules of Court must be submitted on the Judicial Council form Application for Waiver of Additional Court Fees and Costs (FW-002) and must be submitted to the appropriate judge.
The party requesting a record be sealed must submit a proposed order containing no confidential information as this order will be filed in the public portion of the file.
A party needing an interpreter at a hearing or trial must arrange for an appropriate interpreter beforehand, and the requesting party must file Judicial Council form Request for Interpreter (Civil) (INT-300).
Court's wording
In all proceedings, including small claims, counsel or self-represented litigants requiring the assistance of a court interpreter for a non-English speaking party or witness at hearing or trial must make all necessary arrangements prior to the trial or hearing for the presence of an appropriate interpreter. The requesting party is required to file Judicial Council form Request for Interpreter (Civil) (INT-300).
For all records filed where confidentiality is required by law, the document caption or title shall state “CONFIDENTIAL” with an accompanying citation to the applicable law requiring such confidentiality.
- Document
- Confidential record
- Placement
- Caption
Upon request of either any representative of Calaveras County Counsel or any representative of Fitzgerald, Alvarez, & Ciummo (court-appointed indigent defense counsel) or private attorneys for conserved individuals, Letters of Conservatorship shall be re-issued, identical to the originally issued letters, but with CALAVERAS COUNTY PUBLIC GUARDIAN named as the court-appointed conservator, under authority of Probate Code Section 2922(b).
Filing & Service rules
Electronic Filing Rules
The listed documents and deposits may not be electronically filed.
Notwithstanding any other provision of law or this rule, the following items may not be electronically filed: - 1. Any will, codicil, or testamentary trust; - 2. Bond or undertaking; - 3. Subpoenaed documents; - 4. Financial institution documents, care facility documents or escrow documents as defined under Probate Code Sec. 2620, submitted by conservators, guardians, or trustees of court supervised trusts; - 5. California state vital records forms; - 6. Any documents with attachments/exhibits that cannot be accurately Transmitted via electronic filing due to size or type; - 7. Documents typically submitted during the course of a proceeding (e.g., Trial Exhibits); - 8. Documents lodged with the court provisionally under seal; - 9. Documents for cases under seal; - 10. Labor Commissioner deposit of cash or check.
Page 4 | 2.15 Electronic Filing
Direct fax filing is not accepted unless exceptional circumstances exist and the filer obtains leave of court.
The court does not accept the direct fax filing of documents pursuant to California Rules of Court, Rule 2.304 except upon exceptional circumstances and after obtaining leave of court.
Page 9 | 2.2 Facsimile Filings
Matters requiring immediate judicial attention such as restraining order requests should never be placed in the drop box.
Matters requiring immediate judicial attention such as restraining order requests should never be placed in the drop box.
Page 9 | 2.1 Filing and Format of Documents
The listed documents, including specified probate-related documents and documents that cannot be accurately transmitted, may not be electronically filed.
(c) LIMITATIONS ON FILINGS: Notwithstanding any other provision of law or this rule, the following items may not be electronically filed: (1) Any will, codicil, or testamentary trust. (2) Bond or undertaking. (3) Subpoenaed documents. (4) Financial institution documents, care facility documents or escrow documents as defined under Probate Code §2620, submitted by conservators, guardians, or trustees of court supervised trusts. (5) California state vital records forms. (6) Any documents with attachments/exhibits that cannot be accurately transmitted via electronic filing due to size or type. (7) Documents typically submitted during the course of a proceeding (e.g., Trial Exhibits); (8) Documents lodged with the court provisionally under seal; (9) Documents for cases under seal; and (10) Labor Commissioner deposit of cash or check.
Page 17 | Limitations on Filings
Moving papers must be filed by mail or hand delivery to the court’s filing window.
The moving party must file the moving papers, including application, declaration(s), points and authorities, proposed order(s) and any other supporting documents, by mail or hand delivery to the court’s filing window at a time no less than sixteen (16) court days prior to the hearing unless the court has granted an order shortening time or temporary orders.
Page 36 | 5.4(a)
Filers must comply with the requirements listed in the court’s eFiling Information.
comply with the requirements listed “eFiling Information” (https://www.calaveras.courts.ca.gov/online-services/efiling-information).
Page 45
Direct fax filing under the cited rules is not accepted unless exceptional circumstances exist and the filer first obtains leave of court.
The court does not accept the direct fax filing of documents pursuant to rule 2.304 or rule 5.522 of the California Rules of Court except upon exceptional circumstances and after obtaining leave of court.
Page 49 | 5.51 Juvenile Facsimile Filings
Persons filing through the eFile internet portal must comply with the court’s eFiling Information requirements.
Calaveras County Superior Court Website “Services” provides assistance for E-Filers under the tab “Restraining Orders: Domestic Violence, Gun Violence, and Other Types of Court Orders” (https://www.calaveras.courts.ca.gov/divisions/civil-division/restraining-orders) all persons filing on eFile internet portal are required to comply with the requirements listed thereunder as “eFiling Information” (https://www.calaveras.courts.ca.gov/online-services/efiling-information).
Page 55 | IV
Direct fax filing is not accepted unless exceptional circumstances exist and leave of court is obtained.
The court does not accept direct fax filing of documents pursuant to California Rules of Court, Rule 2.304 except upon exceptional circumstances and after obtaining leave of court.
Page 2 | 2.2 Facsimile Filings
The court does not accept direct fax filing of documents in criminal cases.
The court does not accept the direct fax filing of documents in criminal cases.
Page 2 | 2.2 Facsimile Filings
GVRO petitions on Form GV-100 may be submitted electronically through a court-approved EFSP, except for specified documents.
III. Effective July 1, 2023, pursuant to the Penal Code §18122, Petitions for Gun Violence Restraining Order (JC Form #GV-100) (GVRO) may be submitted electronically through one of the court’s approved e-Filing service providers (EFSP), with exceptions for specific documents.
Page 54 | 6.1 Gun Violence Restraining Orders
The Clerk's Counters are closed to the public effective March 19, 2020.
Effective Thursday, March 19, 2020, all Clerk's Counters will be closed to the public.
Page 1 | Clerk's Counters and Filing Options
The Court permits electronic filing for specified matters listed on its website.
The Superior Court of California, County of Calaveras, permits the electronic filing of documents in accordance with California Code of Civil Procedure 1010.6 and California Rules of Court Rule 2.250 et seq., for specified matters as listed on the Court’s website at www.calaveras.courts.ca.gov.
Page 3 | 2.15 Electronic Filing
Documents may be filed by mail, in person at the clerk’s filing window, through the drop box, or by e-Filing on the court’s website.
Documents may be submitted for filing as follows: by mail or filed in person at the clerk’s filing window, by use of the drop box or by e-Filing which is available on the Calaveras Superior Court website.
Page 9 | 2.1 Filing and Format of Documents
Documents may be filed through a fax filing agency under California Rules of Court, Rule 2.303.
The Calaveras Superior Court accepts the filing of documents through a fax filing agency pursuant to California Rules of Court, Rule 2.303.
Page 9 | 2.2 Facsimile Filings
The Court permits electronic filing for specified matters listed on its website, which also lists approved EFSPs.
(a) AUTHORITY: The Superior Court of California, County of Calaveras, permits the electronic filing of documents in accordance with California Code of Civil Procedure §1010.6 and California Rules of Court Rule 2.250 et seq., for specified matters as listed on the Court’s website at www.calaveras.courts.ca.gov. (b) PROVIDERS: Approved Electronic Filing Service Providers (EFSPs) are listed on the Court’s website.
Page 16 | 2.15 Electronic Filing
Documents may be filed through a fax filing agency.
The Calaveras Superior Court accepts the filing of documents through a fax filing agency pursuant to California Rules of Court, Rule 2.303.
Page 2 | 2.2 Facsimile Filings
Parties may file documents electronically through Odyssey eFileCA at any time, every day of the year.
Parties may also file documents using Odyssey® eFileCA that allows users to easily open court cases and e-file documents directly to the Court anytime and from anywhere — 24 hours a day, seven days a week, 365 days a year.
Page 1 | Clerk's Counters and Filing Options
Filing Timing and Cure Windows
Counsel must submit invoices to the Court monthly or at least quarterly.
Invoices must be submitted to the Court monthly, or at a minimum quarterly.
Criminal cases
Page 2 | Billing Requirements
A party must file a request for trial within 30 days after the arbitration award is filed to avoid the award becoming final and binding.
The arbitration award shall be final and binding unless a party files a request for trial within 30 days after the date the arbitration award was filed.(CCP 1141.20, CRC 3.826)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
The arbitrator must file the award within 10 days after the arbitration hearing.
Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
Prosecution of an offense under this section must commence within three years after the offense is committed.
Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
Criminal cases
Page 129 | FISH AND GAME BAIL AND PENALTY SCHEDULE
An electronic submission after the close of business is deemed received on the next court day.
A document that is submitted electronically to the Court after the close of business is deemed to have been received on the next court day.
Page 4 | 2.15 Electronic Filing
A document submitted during the clerk's normal business hours is deemed accepted for filing on its submission date.
Acceptance of documents for filing shall be deemed to occur on the date the document was submitted to the Court if the submission occurred during normal business hours of the clerk's office.
Page 4 | 2.15 Electronic Filing
All ex parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at
All ex parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at
Page 4 | 3.1 Ex Parte Applications
The truncated text states a one-court-day advance timing requirement for an ex parte hearing request.
least one court day before the day for which the ex parte hearing is requested.
Page 5 | 3.1 Ex Parte Applications
A written objection to having an unlawful detainer trial heard by a commissioner must be filed at least five court days before trial.
Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial.
Page 6 | 3.7.1 Unlawful Detainer Trials
When selecting the requested hearing date, the moving party must observe the filing timelines in Code of Civil Procedure section 1005.
In selecting the requested hearing date, the moving party must observe the filing and service time lines of Code of Civil Procedure Section 1005.
Page 6 | 5.2 Setting Family Law Motion Hearings
The Request for Interpreter form should be submitted 15 days prior to your court hearing date.
The Request for Interpreter form should be submitted 15 days prior to your court hearing date.
Page 9 | INSTRUCTIONS
A defendant requesting a trial de novo must do so within 20 days after the clerk mails notice of the decision.
If the defendant is dissatisfied with the decision of the court following trial by written declaration, the defendant shall be granted one trial de novo if requested within 20 days of the clerk mailing notice of the decision.
Criminal cases
Page 1 | GENERAL ORDER OF THE CALAVERAS COUNTY SUPERIOR COURT AUTHORIZING TRIAL BY DECLARATION FOR INFRACTION CITATIONS WHERE DEFENDANT FAILS TO APPEAR
The original Notice to Appear or Citation must be delivered immediately after issuance.
5. Deliver the original Notice to Appear / Citation to the clerk of the court immediately after issuance.
Criminal cases
Page 2 | Required of the citing officer
August 17 and 18, 2020, are deemed holidays when computing filing deadlines under Code of Civil Procedure sections 12 and 12a.
For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order have substantially interfered with the public's ability to file papers in a court facility on those dates (Gov. Code, § 68115(a)(4));
Page 1 | Paragraph 1
August 17 and 18, 2020, are deemed holidays when computing the deadlines under the listed Penal Code and Welfare and Institutions Code sections.
For purposes of computing time under Penal Code section 825, and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order prevent the court from conducting proceedings and accepting filings on that date [or those dates] as necessary to satisfy these deadlines (Gov. Code, § 68115(a)(5));
Page 1 | Paragraph 2
A document deposited in the drop box before 4:00 p.m. is deemed filed on the deposit date if it is appropriate for filing.
Any document deposited in the drop box before 4:00 p.m. will be deemed filed on the date of deposit, provided they are appropriate for filing.
Page 9 | 2.1 Filing and Format of Documents
A jury-fee waiver application must be made at least 25 days before trial, except that unlawful detainer proceedings require at least five days.
If the relief sought is the waiver of jury fees, the application shall be made at least 25 days prior to the commencement of the trial for which the relief from fees imposed is sought, or at least five days in unlawful detainer proceedings.
Page 10 | 2.3 Application for Waiver of Court Fees and Costs
The court must receive compensation requests no later than 90 days after the services were provided.
in all cases, must be received by the court on or before ninety (90) days following the date the services were provided.
Page 13 | 2.10 Compensation of Appointed Counsel
Ex parte applications for temporary relief, including a proposed order, must be filed by noon at least one court day before the requested hearing day.
All ex-parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at least one court day before the day for which the ex-parte hearing is requested.
Page 20 | 3.1 Ex Parte Applications
Each party must file its Case Management Conference Statement at least 15 calendar days before each conference.
Not less than 15 calendar days before each Case Management Conference, each party shall file with the court and serve on all other parties a Case Management Conference Statement (Judicial Council form CM-110).
Page 24 | 3.4.5 Case Management Conference
A default case without an entered judgment by the case management plan disposition date is subject to the same dismissal rule as specified nonappearance cases.
“Default” cases, where the default judgment has not been entered, before the case management plan disposition date, are subject to the same dismissal rule as cases where the parties fail to appear at the settlement conference or trial without prior approval of the court.
Page 26 | 3.6.5 Failure to Appear
Counsel must submit Settlement Conference Statements at least five court days before the scheduled conference.
It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages.
Page 26 | 3.6.3 Settlement Conference Statement
If plaintiffs intend to conclude a case with a default judgment, the date for obtaining it must be before the end of the case’s assigned track.
In any case where plaintiff(s) intend to conclude the case with a default judgment, the date for obtaining that default judgment shall be prior to the end of the track in which the case has been placed.
Page 26 | 3.6.5 Failure to Appear
If either party indicates possession is at issue, trial will be set no more than 20 days after the request to set trial is filed.
If either party indicates the right to possession of the premises is an issue, the matter will be set for trial, not more than 20 days from the date the request to set for trial is filed.
Page 27 | 3.7 Unlawful Detainer Settings
A written objection to having an unlawful detainer trial heard by a commissioner must be filed at least five court days before trial.
Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial.
Page 27 | 3.7.1 Unlawful Detainer Trials
Service and Proof of Service Rules
In general civil cases filed after June 30, 2001, plaintiffs must serve each defendant with the ADR information package along with the complaint.
NOTICE: Pursuant to the California Rules of Court, in all general civil cases1 filed after June 30, 2001, plaintiffs must serve a copy of this ADR information package on each defendant along with the complaint.
Civil cases · Court notice
Page 1 | NOTICE
Cross-complainants must serve new parties with the ADR information package along with the cross-complaint.
Cross-complainants shall serve a copy of the ADR information package on any new parties to the action along with the cross-complaint.
Civil cases · Court notice
Page 1 | NOTICE
The arbitrator must serve the award within 10 days after the arbitration hearing.
Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
If the court rejects the requested hearing details, the moving party must give the responding party adequate notice of the new date, time, or department.
If the court rejects the requested date, time, and/or department entered on the moving papers, the court clerk will so advise the moving party who is then responsible for providing the responding party with adequate notice of the new date, time, and/or department for the hearing.
Page 6 | 5.2 Setting Family Law Motion Hearings
When selecting the requested hearing date, the moving party must observe the service timelines in Code of Civil Procedure section 1005.
In selecting the requested hearing date, the moving party must observe the filing and service time lines of Code of Civil Procedure Section 1005.
Page 6 | 5.2 Setting Family Law Motion Hearings
The court clerk must mail a Courtesy Notice to the defendant at the provided address.
2. Mail a Courtesy Notice to the defendant at the address provided;
Criminal cases
Page 2 | Required of the court clerk
File a separate approved Judicial Council Proof of Service of Summons form (POS-010) for each defendant or cross-defendant.
A separate Proof of Service of Summons, approved Judicial Council form Proof of Service of Summons (POS-010), shall be filed for each defendant/cross-defendant.
Page 20 | 3.2 Proof of Service of Summons
For most motions served by U.S. Mail within California, omit the mailing day and count five calendar days under the stated service-timing calculation.
Most motions must be served on the opposing party in accordance with the Code of Civil Procedure § 1005(b) timelines which are calculated as follows: (1) Service by U.S. Mail – Omit the day of mailing, then count five (5) calendar days for service within California,
Page 20 | 3.3 Law and Motion
For service by facsimile, email, express mail, or overnight delivery, omit the first day, count 2 calendar days, and then count 16 court days to determine the earliest law-and-motion hearing date.
For service by facsimile, email, express mail or overnight delivery – Omit the first day, then count two (2) calendar days and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard.
Page 21
For the specified mailing and address situations, count the stated calendar days and then 16 court days to determine the earliest law-and-motion hearing date.
either the place of mailing or the place of address is outside the State of California but within the United States, twelve (12) calendar days if the place of address is the Secretary of State’s address confidentiality program, or twenty calendar days if either the place of mailing or the place of address is outside of the United States, and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard.
Page 21
If the moving party does not appear at calendar call, the matter will be taken off calendar and all parties must be re-noticed for any later hearing.
Any matter in which there is no appearance by the moving party at the time of calendar call shall be ordered off-calendar and thereafter all parties must be re-noticed for any subsequent hearing.
Page 22 | 3.3.6 Lack of Appearance
The filing party must serve all other parties with notice of the Case Management Conference date along with the complaint.
It is the responsibility of the filing party to serve all other parties with notice of the Case Management Conference date with the complaint.
Page 23 | 3.4.3 Initial Contact
Cross-complainants must serve new party cross-defendants with the required initial document and notice of any other pending Case Management Conference hearing date.
Cross-complainants shall serve all new party cross-defendants with a copy of the initial document required under Local Rule 3.4.3 along with notice of any other pending Case Management Conference hearing date.
Page 23 | 3.4.4 Cross-Complaints
Each party must serve the Case Management Conference Statement on all other parties at least 15 calendar days before each conference.
Not less than 15 calendar days before each Case Management Conference, each party shall file with the court and serve on all other parties a Case Management Conference Statement (Judicial Council form CM-110).
Page 24 | 3.4.5 Case Management Conference
Counsel must serve the Settlement Conference Statement on all parties at least five court days before the scheduled conference.
It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages.
Page 26 | 3.6.3 Settlement Conference Statement
The clerk must mail all parties notice of the trial date and time at least 10 days before trial.
Notice of the date and time must be mailed by the clerk of the court to all parties at least 10 days prior to the date of trial.
Page 27 | 3.7 Unlawful Detainer Settings
When trial is scheduled less than 30 days after arraignment, the parties must exchange witness lists at the Trial Readiness Conference.
In any case in which the trial is scheduled less than 30 days after arraignment, witness lists shall be exchanged at the Trial Readiness Conference.
Page 29 | 4.1 Witness Lists
The noticed motion to set a property-bond matter for hearing must include proof of service to the District Attorney.
To set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed with the Clerk at least 2 days prior to the date set for the hearing.
Page 31 | 4.9 Real Property Bonds in Lieu of Cash Bail
When selecting a hearing date, the moving party must observe the service timelines in Code of Civil Procedure § 1005.
In selecting the requested hearing date, the moving party must observe the filing and service timelines of Code of Civil Procedure § 1005.
Page 35 | 5.2(b)
If the court rejects the requested hearing setting, the moving party must give the responding party adequate notice of the new date, time, or department.
If the court rejects the requested date, time, and/or department entered on the moving papers, the court clerk will so advise the moving party who is then responsible for providing the responding party with adequate notice of the new date, time, and/or department for the hearing.
Page 35 | 5.2(b)
The response must be served by a method reasonably calculated to ensure delivery to the other party no later than one court day after filing.
The response to the request for order, motion or order to show cause must be served in a manner reasonably calculated to ensure delivery to the other party not later than one (1) court day after the responding papers are filed with the court.
Page 36 | 5.3(c)
When temporary orders issue, the responding party must be personally served with the moving papers, orders, and required blank responsive pleadings within five days, unless the order sets a shorter service period.
Where temporary orders have been issued by the court, the responding party must be personally served with the moving papers and temporary court orders as well as any required blank responsive pleadings within five (5) days of issuance of the temporary orders unless the order specifically designates a shorter time for service.
Page 36 | 5.3(b)
The moving party must serve the moving papers and any required blank responsive pleadings under the statutory timelines, unless an order shortening time or temporary orders has been obtained.
The moving party’s pleadings as well as any required blank responsive pleadings must be served on the opposing party or attorney in accordance with the time frames mandated in Code of Civil Procedure § 1005 and Family Code § 215, unless an order shortening time for service or temporary orders has been obtained.
Page 36 | 5.3(a)
Reports or documentation intended for presentation and reliance at the hearing must be served on the other parties with the moving, responding, or reply papers.
Such reports or documentation not filed with the court, which a party intends to present to the court and rely upon at the hearing, must have been served on the other parties with the moving, responding or reply papers in accordance with applicable law and these Local Rules.
Page 37
The settlement conference statement must be served on the other party five court days before the conference.
Parties and trial counsel must participate in the settlement conference and submit to the court and serve the other party with a settlement conference statement five (5) court days prior to the conference pursuant to rule 3.1380 of the California Rules of Court and Local Rule 3.6.
Page 38 | 5.8.2 Mandatory Settlement and Trial Setting Conference
Filing Fees and Waivers
A party seeking a fee waiver must submit a separate complete and legible application for each case, or the application will be denied.
Each party applying for a waiver of court fees / costs shall submit a separate application for each case. Failure to comply with this requirement, or failure to submit a complete and legible application will result in a denial of the application.
Page 9 | 2.3 Application for Waiver of Court Fees and Costs
If a prevailing party with a fee waiver is awarded costs, the court must order the party owing costs to pay the waived costs to the court.
In all cases in which a prevailing party has been granted a waiver of fees/costs and is awarded costs, the court shall order that the party owing those costs pay the sum of all waived costs to the court.
Page 10 | 2.3 Application for Waiver of Court Fees and Costs
The appellant must pay estimated transcript-preparation costs exceeding the initial deposit within 10 days after service of the estimate, or the appeal will be placed in default.
The estimated costs of preparation in excess of the $100.00 original deposit must be paid within 10 days of service of the estimate or the appeal will be placed in default.
Page 61
An appellant must deposit $100 with the court clerk when filing the notice of appeal.
Appellants must post a $100.00 deposit with the court clerk at the time of filing the notice of appeal.
Page 61
A $25 fee for the CD/DVD is due when the recording request is submitted.
A fee of $25.00 is charged for the CD/DVD. Payment is required upon submission of request.
Page 94 | REQUEST FOR ELECTRONIC RECORDING
Drop-box filings must include the appropriate filing fee or fine payment or they may not be processed.
Documents deposited in the drop box must be in a sealed envelope and accompanied by the appropriate filing fee or fine payment. If you fail to include the proper fee or fine payment, your documents may not be processed.
Page 1 | GENERAL ORDER RE: USE OF DROP BOX TO FILE DOCUMENTS AND MAKE PAYMENTS TO THE COURT
After proof of correction for the specified violations, a court may collect a $25 transaction fee per violation, but no bail may be collected.
Upon proof of correction of an alleged violation of section 12500 or 12951 or any violation cited pursuant to section 40610, Vehicle Code section 40611 authorizes courts to collect a $25 transaction fee for each violation. No bail amount shall be collected.
Criminal cases
Page 15 | PREFACE
A court may collect a $25 transaction fee for each violation dismissed under Vehicle Code section 16028(e).
Vehicle Code section 40611 authorizes courts to collect a $25 transaction fee for each violation that is dismissed pursuant to section 16028(e).
Criminal cases
Page 15 | XI. Evidence of Financial Responsibility
The Night Court assessment under Vehicle Code section 42006 is listed as 1.
Night Court VC 42006 1
Criminal cases
Page 151 | County Reference Worksheet
In the specified civil cases, parties needing financial assistance should apply for a fee waiver if they do not already have one by completing and filing form FW-001.
In these types of cases, preference will be given to parties with financial need who have qualified for a fee waiver, so if you need a court interpreter and need financial assistance, you should apply for a fee waiver if you do not already have one. To do so, complete and file a Request to Waive Court Fees (Civil Actions) (form FW-001).
Page 9 | INSTRUCTIONS
Reimbursement for costs including filing fees requires valid receipts and justification.
Reimbursement for other costs (e.g., postage, filing fees) will only be authorized upon submission of valid receipts and justification.
Civil cases
Page 2 | Excluded from Compensation
An order granting a fee or cost waiver expires 60 days after judgment.
Orders granting fees/costs waivers expire 60 days from the date of judgment.
Page 10 | 2.3 Application for Waiver of Court Fees and Costs
A photocopying fee waiver covers only one copy of eligible papers in the court file and excludes papers filed by the beneficiary and papers not served on the beneficiary during the first five days after filing.
The California Rules of Court authorize the court to waive the clerk's fees for reasonably necessary photocopying. This Court defines the papers which may be reasonably and necessarily photocopied at the court's expense under the fee waiver for the litigant benefited by the fee waiver as only one copy of those papers in the court's file for the action or proceeding in which the waiver of fees was granted, and excluding papers filed by the benefited litigant and/or papers not served upon the benefited litigant for the first five days following the date of filing.
Page 10 | 2.3 Application for Waiver of Court Fees and Costs
A party demanding a jury is responsible for the jury deposit, and failure to deposit the advance jury fees results in waiver of a jury trial.
Any party may demand a jury and be responsible for the jury deposit consistent with the procedures for jury trial set forth in the Code of Civil Procedure §631(b). Failure of the parties to deposit advance jury fees pursuant to CCP §631 shall result in a waiver of trial by jury.
Page 24 | 3.4.7 Demand for Jury Trial
An appellant choosing a transcript of the official electronic recording must follow the Rule 8.917 process and pay the required costs.
Where the appellant elects to use a transcript of the official electronic recording of the proceedings as the record of oral proceedings, the appellant must follow the process and pay the costs as required under Rule 8.917 of the California Rules of Court.
Page 61 | 8.4 Record in Appeals to the Appellate Department
The court prepares the official electronic recording at a rate established by the court, charged to the appellant or respondent.
The court will prepare the official electronic recording at the rate established by the court to the appellant or respondent.
Page 61 | 8.4 Record in Appeals to the Appellate Department
Appellants proceeding under Rule 8.128 incur an additional charge to copy and exemplify the court file, and the court retains the exemplified copy.
For those appellants electing to proceed under Rule 8.128, there is an additional charge to copy and exemplify the court’s file, and the court will retain the exemplified copy.
Page 61
In the specified civil cases, preference is given to parties with financial need who qualify for a fee waiver; those needing financial assistance should apply if they do not already have one.
In these types of cases, preference will be given to parties with financial need who have qualified for a fee waiver, so if you need a court interpreter and need financial assistance, you should apply for a fee waiver if you do not already have one.
Page 88 | INSTRUCTIONS
Cash payments should be made in person at the Clerk's Office during its stated hours; the Court is not responsible for cash left in the drop box.
Cash payments for filing fees and fines should be made in person in the Clerk's Office between the hours of 8:15 a.m. and 4:00 p.m. Monday through Friday, except Wednesday between the hours of 8:15 a.m. and 3:00 p.m. and court holidays. The Court is not responsible for cash payments left in the drop box.
Page 1 | GENERAL ORDER RE: USE OF DROP BOX TO FILE DOCUMENTS AND MAKE PAYMENTS TO THE COURT
Payments may be made by mail, by drop box using a check, money order, or cashier's check, or online through the listed portal; cash must not be sent.
Payments - Payments can be made by mail, via drop box with check, money order or cashier's check or on-line https://cacalaverasportal.tylerhost.net/Portal. Please do not send cash.
Page 2 | Payments
The clerk may grant fee-waiver applications that meet the eligibility standards in Government Code section 68632(a)(1)–(9).
The clerk is authorized to grant application for fee waivers that meet the standards of eligibility established by subdivision (a)(1)-(9) of the Government Code § 68632.
Page 9 | 2.3 Application for Waiver of Court Fees and Costs
Counsel appointed for a minor under Family Code §3150 is not charged a court filing fee for motions.
Counsel appointed for a minor pursuant to Family Code §3150 shall not be charged any court filing fee for motions made
Page 40 | 5.10 Appointment of Counsel Pursuant to Family Code §3150
The EMS PA under Government Code section 76000(e) is listed as 2.
EMS PA GC 76000(e) 2
Criminal cases
Page 151 | County Reference Worksheet
The County PA under Government Code section 76000(a) is listed as 7.
County PA GC 76000(a) 7
Criminal cases
Page 151 | County Reference Worksheet
The CAP FEE under Vehicle Code section 11205.2 is listed as 0.
CAP FEE VC 11205.2 0
Criminal cases
Page 151 | County Reference Worksheet
Sealing & Redaction Procedures
The parties’ agreement or stipulation cannot by itself establish confidentiality or seal a court document; court findings are required before records are sealed.
An agreement or stipulation between the parties for confidentiality or sealing of a document filed with the court is legally insufficient. The law requires court findings prior to sealing any records.
Page 11 | 2.5 Sealed / Confidential Records
A party seeking to seal a court record from public inspection must follow California Rules of Court, Rule 2.551.
For any court record a party wishes to be “sealed” from public inspection, the party shall follow those procedures set out in California Rules of Court, Rule 2.551.
Page 11 | 2.5 Sealed / Confidential Records
Court records in criminal and general civil cases are presumed open to public inspection unless confidentiality is required by law.
Unless confidentiality is required by law, court records in both criminal and general civil cases are presumed to be open to the public for inspection.
Page 11 | 2.5 Sealed / Confidential Records
Ex parte applications for expert or investigator funds and supporting documents will not be filed under seal unless the Court makes the findings required by California Rules of Court, Rule 2.551, and orders the records sealed.
Ex parte applications for funds to retain an expert or investigator, including any memoranda of points and authorities and/or declarations in support of the applications, will not be filed under seal unless the Court makes the findings required in California Rules of Court, Rule 2.551 and orders the records sealed.
Page 31
Ex parte applications for expert or investigator funds and their supporting documents are confidential and, unless the Court orders otherwise, may be reviewed only by the defendant’s attorney or court staff.
Ex parte applications for funds to retain an expert or investigator, including any memoranda of points and authorities and/or declarations in support of the applications, are confidential documents pursuant to Evidence Code §§ 952 & 954. Unless otherwise ordered by the Court, ex parte applications may only be reviewed by the defendant’s attorney or court staff.
Page 31
Pre-Motion Conference Requirements
After responsive papers are filed and served, the moving party or counsel must contact the opposing party or counsel before the hearing to meet and confer about issues that could be settled without a contested hearing.
Once responsive papers have been filed and served, the moving party or their attorney shall contact the opposing party or attorney in advance of the hearing to meet, confer, and ascertain which issues can be settled without a contested hearing.
Page 37 | 5.5 Pre-Hearing Meet and Confer / Exchange of Documents
Contested matters proceeding to trial must have a settlement and trial setting conference, in which parties and trial counsel must participate; remaining contested issues will be set for trial at the conference’s conclusion.
Matters proceeding to trial on contested issues will be set for a mandatory settlement and trial setting conference. Parties and trial counsel must participate in the settlement conference and submit to the court and serve the other party with a settlement conference statement five (5) court days prior to the conference pursuant to rule 3.1380 of the California Rules of Court and Local Rule 3.6. Trial on any remaining contested issues will be set at the conclusion of the settlement conference.
Page 38 | 5.8.2 Mandatory Settlement and Trial Setting Conference
The Court sets the briefing schedule when it issues the alternative writ.
A briefing schedule will be set by the Court at the time the alternative writ is issued.
Page 63 | Alternative Writs
Adjournment & Extension Requirements
DV, CH, and EA temporary restraining orders are extended until October 17, 2019, at 8:30 a.m.
Due to the Judicial Council closing the Court on 10/10/19 and 10/11/19 as part of the Public Safety flower shutoff all DV, CH, and EA temporary restraining others are extended to 10/17/19 at 8:30 a.m.
Civil cases
Page 1 | EXTEND TROS from 10/10/19 to 10/17/19
The arbitration hearing must be completed within 90 days of the arbitrator’s appointment; a continuance extending that period requires a court order after noticed motion.
The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator, requests for continuances to extend the 90 days, require a court order after noticed motion.(CRC 3.817 & 3.821)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
The court clerk must grant the defendant's request for one reasonable arraignment continuance.
4. Grant one reasonable continuance of the arraignment at the request of the defendant;
Criminal cases
Page 2 | Required of the court clerk
A judge may extend a temporary restraining order that would otherwise expire August 17–18, 2020, by no more than two days if the emergency prevented proceedings to determine whether to enter a permanent order.
Any judge of the Court may extend by not more than 2 days the duration of any temporary restraining order that would otherwise expire from August 17, 2020 to August 18, 2020, inclusive, because the emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 68115(a)(7));
Page 1 | Paragraph 3
For a felony defendant whose statutory deadline would expire August 17–18, 2020, a judge may extend the period to be taken before a magistrate from 48 hours to no more than three days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than three days (Gov. Code, § 68115(a)(8));
Page 1 | Paragraph 4
For a preliminary-examination deadline that would expire August 17–18, 2020, a judge may extend the time period under Penal Code section 859b as stated in the order, to not more than two court days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 2 court days (Gov. Code, § 68115(a)(9));
Page 2 | Paragraph 5
For a criminal-trial deadline under Penal Code section 1382 that would expire August 17–18, 2020, a judge may extend the time period by no more than two days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020 inclusive, any judge of the Court may extend the time period August 17, 2020, to August 18,2020, provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 2 days (Gov. Code, § 68115(a)(10));
Page 2 | Paragraph 6
For a section 334 hearing deadline that would expire August 17–18, 2020, a judge may extend the time to hold the hearing on a juvenile dependency petition by no more than two days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 2 days (Gov. Code, § 68115(a)(12));
Page 2 | Paragraph 10
For the section 313 release deadline that would expire August 17–18, 2020, a judge may extend the time for releasing a minor taken into custody pending dependency proceedings to no more than two days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than 2 days (Gov. Code, § 68115(a)(11));
Page 2 | Paragraph 7
For the listed section 632 or 637 detention-hearing or rehearing deadlines that would expire August 17–18, 2020, a judge may extend the time to no more than two days for a minor in wardship proceedings charged with a felony.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020 inclusive, any judge of the Court may extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a detention hearing or rehearing to not more than 2 days (Gov. Code, § 68115(a)(11));
Page 2 | Paragraph 9
For the section 315 detention-hearing deadline that would expire August 17–18, 2020, a judge may extend the time to hold the hearing to no more than two days.
In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 2 days (Gov. Code, § 68115(a)(11));
Page 2 | Paragraph 8
Law and Motion matters may be continued only with court approval for good cause, even if the parties stipulate.
Law and Motion matters may not be continued, even by stipulation of the parties, except upon approval by the court for good cause shown.
Page 20 | 3.3 Law and Motion
If a continuance motion will be made in court, notify the court at the earliest opportunity before the hearing.
If a motion for continuance is to be made in court, the court shall be notified at the earliest opportunity prior to the hearing.
Page 22 | 3.3.5 Continuances on Short Cause Law and Motion and Order to Show Cause Calendar
A criminal matter may be continued only pursuant to Penal Code § 1050, even if the parties stipulate.
No criminal matter will be continued, even by stipulation of the parties, except pursuant to Penal Code § 1050.
Page 29 | 4.2 Continuances
Continuances of infraction trials are discouraged; requests must be based on good cause and submitted at least 10 days before trial.
Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.
Page 33 | 4.10 Continuance of Infraction Trials
If service was not completed on time, a written continuance order must be obtained before or at the original hearing date to keep the matter on calendar.
Where service of process of a request for order, motion or order to show cause has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the matter on calendar.
Page 36 | 5.3(a)
If service was not completed on time, a written continuance order must be obtained before or at the original hearing date to keep the hearing on calendar and temporary orders in effect.
Where service of process has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the hearing on calendar and temporary orders in effect.
Page 36 | 5.3(b)
Time waivers and continuances are granted only upon a showing of exceptional circumstances.
Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances.
Page 49
A party may request an extension from the Presiding Judge of the Appellate Department, but the request must include a separate good-cause declaration and proposed order and be filed before the applicable deadline expires.
A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Department. Such request shall include a separate declaration providing good cause for the extension of time and a proposed order. The request shall be filed prior to the expiration of the applicable filing deadline.
Page 62 | 8.5 Briefing Procedure
If the record is unavailable or the evidence is incomplete, the hearing must be continued.
Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete.
Page 63 | Alternative Writs
The arbitration hearing must be completed within 90 days after the arbitrator’s appointment; a continuance extending that period requires a court order after noticed motion.
The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator, requests for continuances to extend the 90 days, require a court order after noticed motion.(CRC 3.817 & 3.821)
Page 68 | Court Ordered Judicial Arbitration
A continuance request requires written notice filed with the court and served on the opposing party at least 10 calendar days before trial, unless good cause excuses late notice.
It is the policy of the Superior Court of California, County of Calaveras to require written notice, filed with the court and served upon the opposing party at least ten (10) calendar days prior to the trial date to be continued unless good cause is found for failure to provide timely notice.
Page 89 | Notice of Motion and Motion to Continue Court Trial (Infractions Only)
A continuance request must state its reason, and a requester who cannot give at least 10 days' notice must explain why.
I request a continuance of the above court trial for the following reason(s) (If you are unable to provide at least 10 days notice, you must also explain why you are unable to provide the required notice):
Page 89 | Notice of Motion and Motion to Continue Court Trial (Infractions Only)
Continuances of infraction trials are discouraged; requests must be based on good cause and submitted at least 10 days before trial.
Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Request Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.
Page 2 | 4.10 Continuance of Infraction Trials
A judge may extend the statutory deadline for a felony wardship-petition hearing by no more than 2 days during the stated period.
2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 2 days (Gov. Code, § 68115(a)(12)).
Page 3 | IMPLEMENTATION ORDER RE EMERGENCY ORDER
Chambers Communication Rules
Private ex parte communications with the arbitrator are prohibited, except for scheduling or requesting a continuance.
No private (Ex Parte) communications with the arbitrator are allowed except as necessary for scheduling or requesting a continuance.(CRC 3.829)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
Parties who settle must notify the arbitrator at least 2 days before the hearing.
Parties that settle the case, must notify the arbitrator at least 2 days prior to the hearing.(CRC 3.829)
Civil cases · Court notice
Page 3 | Court Ordered Judicial Arbitration
Counsel or the party must immediately notify the court when they learn that interpreter services are no longer required.
Counsel or the party must immediately notify the court upon learning that the services of the interpreter are not required.
Page 2 | 2.6 Court Interpreters
The moving party must not take advantage of another party’s known absence or unavailability.
The moving party must avoid taking advantage of any other party's known absence or unavailability.
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
Applications to the Court for an order or other relief should never be made by telephone call, letter, electronic mail, or facsimile.
Applications to the Court for an order or other relief should never be made by telephone call, letter, electronic mail, or facsimile.
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
Unless law permits otherwise, lawyers and parties must avoid ex parte communications about the substance of a pending case with judicial officers or court research staff.
Except as permitted by law, lawyers and parties shall avoid ex parte communications on the substance of a pending case with any judicial officer or court research staff.
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
Except in small claims, counsel or self-represented litigants who need an interpreter for a non-English-speaking party or witness must arrange for an appropriate interpreter before the hearing or trial.
In all proceedings, (except small claims), counsel or self-represented litigants requiring the assistance of a court interpreter for a non-English speaking party or witness at hearing or trial must make all necessary arrangements prior to the trial or hearing for the presence of an appropriate interpreter.
Page 2 | 2.6 Court Interpreters
Before making a permitted ex parte application or communication, the attorney or self-represented party must make diligent efforts to notify all other parties.
Before making such application or communication, an attorney or self-represented party must make diligent efforts to notify all other parties;
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
The Court will consider ex parte communications only when made in a manner prescribed by the Local Rules, the California Rules of Court, or state law.
The Court will not consider any ex parte communications from counsel or self-represented parties unless made in the manner prescribed by these Local Rules, by the California Rules of Court, or by the laws of this State.
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
Counsel and parties should not send letters or other communications to judicial officers or court research staff.
Letters or other communications between counsel or parties should not be sent to judicial officers or court research staff.
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
The moving party must make reasonable efforts to accommodate the other parties’ schedules so they can appear personally or through a legal representative.
The moving party must make reasonable efforts to accommodate the schedule of all other parties to permit all parties to appear either personally or through their legal representative;
Page 2 | 2.4 Ex Parte or Informal Communication with the Court
A party seeking to be heard must notify the Court by telephone by 4:00 p.m. on the preceding court day and advise that all other sides were notified.
The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the Court no later than 4:00 p.m. on the court day preceding the hearing including advising that all other sides have been notified of the intention to appear by calling 209-754-6285.
Page 5 | 3.3.7 Tentative Rulings
Before making a permitted ex parte application or communication, an attorney or self-represented party must make diligent efforts to notify all other parties.
Before making such application or communication, an attorney or self-represented party must make diligent efforts to notify all other parties;
Page 10 | 2.4 Ex Parte or Informal Communication with the Court
The moving party must make reasonable efforts to accommodate other parties’ schedules so they can appear personally or through a legal representative.
The moving party must make reasonable efforts to accommodate the schedule of all other parties to permit all parties to appear either personally or through their legal representative;
Page 10 | 2.4 Ex Parte or Informal Communication with the Court
Unless permitted by law, lawyers and parties must avoid ex parte communications about the substance of a pending case with a judicial officer or court research staff.
Except as permitted by law, lawyers and parties shall avoid ex parte communications on the substance of a pending case with a judicial officer or court research staff.
Page 10 | 2.4 Ex Parte or Informal Communication with the Court
A party with a fee waiver request must immediately notify the court of a financial-status change affecting the ability to pay court fees or costs.
The party requesting a waiver must immediately notify the court of any change in financial status that would affect the party’s ability to pay court fees/costs.
Page 10 | 2.3 Application for Waiver of Court Fees and Costs
The court will consider ex parte communications only when they are made in the manner prescribed by the applicable rules or state law.
The Court will not consider any ex parte communications from counsel or self- represented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State.
Page 10 | 2.4 Ex Parte or Informal Communication with the Court
The moving party must avoid taking advantage of any
The moving party must avoid taking advantage of any
Page 10 | 2.4 Ex Parte or Informal Communication with the Court
Counsel or the party must immediately notify the court when an interpreter is no longer needed; late notice may result in an order to reimburse the court for a cancellation fee.
Counsel or the party must immediately notify the court upon learning that the services of the interpreter are not required. Failure to timely notify the court of the cancellation of the need for an interpreter may result in an order for reimbursement to the court for any cancellation fee the court is required to pay to the interpreter.
Page 11 | 2.6 Court Interpreters
To request an interpreter, complete the specified form or inform a clerk at the counter; for mediation, inform the clerk in the Self-Help Center.
To request an interpreter for a court proceeding complete Judicial Council form Request for Interpreter (Civil) (INT-300) or inform a Clerk at the counter. For Mediation, inform the clerk in the Self-Help Center.
Page 11 | 2.6 Court Interpreters
If the application is granted, the moving party must contact Court Administration to arrange signing; the elisor has up to three court days to sign, subject to case-by-case exceptions.
If the Court grants the application for an elisor, the moving party shall contact Court Administration to arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case-by-case basis by the Court.
Page 18 | 2.17 Appointment of Elisor
If testimony is required, the moving party must notify the clerk to arrange a hearing date.
If, after reviewing the materials submitted, the court determines that personal testimony is required, the clerk shall advise the moving party. If testimony is required, the moving party must notify the clerk to arrange a hearing date.
Page 21 | 3.3.2 Default Judgments by Affidavit
Parties appearing on the Law and Motion calendar must use the tentative ruling system; rulings are available on the court website by 2:00 p.m. on the preceding court day.
All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed through the court’s website.
Page 22 | 3.3.7 Tentative Rulings
A party seeking to be heard must notify the court by calling 209-754-6285 no later than 4:00 p.m. on the preceding court day and advise that all other sides have been notified; otherwise, the tentative ruling becomes the court’s ruling.
The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the Court no later than 4:00 p.m. on the court day preceding the hearing including advising that all other sides have been notified of the intention to appear by calling 209-754-6285.
Page 22 | 3.3.7 Tentative Rulings