Del Norte Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The parties may continue a matter once by stipulation without court approval if the Court is informed at least five days before the hearing; other continuances require court approval for good cause, followed by a confirming letter to the Judicial Assistant and all other counsel.
- Before denying a petition submitted without appearance, the Court may continue the matter to give counsel or the petitioner an opportunity to appear.
- The court may extend service-of-process or summons-return deadlines for good cause, unless otherwise provided by law.
- Responsive pleadings may be served under an extension of up to 15 calendar days obtained by all-party stipulation or court order granting the responding party’s motion for relief.
- +6 more
Request must include
- An initial stipulated CMC continuance requires a stipulation signed by all parties and a declaration stating the reason; the Clerk’s Office must receive the request by the court day before the scheduled CMC.
Communication
Phone
Phone
Chambers
Page & Word Limits1 rule
(e) Facsimile filings may not exceed a total of thirty-five (35) pages including the cover page and all attachments, exhibits, and declarations that are part of the original document. The Court may reject faxed filings exceeding thirty-five (35) pages.
Facsimile Filing
35 pages
Document Format Requirements5 rules
When applicable, counsel must use the latest CACI civil instruction forms and complete blanks and make necessary case-specific changes.
Jury instruction forms contained in the latest editions of CACI for civil cases shall be used when applicable. Counsel shall fill in all blanks and make any necessary changes on such forms to conform with fact related to the particular trial, such as the appropriate gender and number.
When applicable, criminal jury instructions must use the latest CALCRIM forms, with all blanks completed and necessary changes made.
(a) Jury instruction forms contained in the latest editions of CALCRIM for criminal cases shall be used when applicable. Counsel shall fill in all blanks and make any necessary changes on such forms, such as making sure proper gender and number are used.
Jury instructions prepared for a jury shall not be denominated or marked in any way that would identify the party that prepared them.
Jury instructions to be presented to a jury shall be in a form that may be appropriately delivered to the jury for their use and reference in the jury room.
Any party offering into evidence printouts of text messages or electronic mail transmissions may highlight with a yellow highlight marker the relevant portion(s) of the printout(s) for the Court's consideration.
Document Filing Requirements103 rules
Each faxed filing must include a cover sheet identifying the sender and contact details and giving sufficient instructions.
All faxed documents must be accompanied by a Facsimile Transmission Cover Sheet showing the name of the sender, a specific contact person, the sender's telephone and facsimile number, and sufficient instructions as to what the sender wishes to have done.
DocumentFacsimile Transmission Cover Sheet
The faxed documents must be an exact duplicate of the original document and must include a copy of a check for the applicable facsimile filing charge and any additional filing fees required by the Court.
DocumentFacsimile Filing
A case management statement must provide attorney contact and representation details, a brief case outline, and estimated court time for disposition, with separate estimates for motions and trial.
A case management statement must contain the following information, whether or not a Judicial Council form is used: (1) The names, addresses, phone and fax numbers of all attorneys of record and whom they represent; (2) A brief outline of the nature of the case; (3) The estimated court time to dispose of the case, including separate estimates of time for motions and trial;
DocumentCase Management Statement
Each party must prepare a settlement conference statement in pleading form containing the listed information and materials, including specified caption details.
Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading form, at least five (5) court days prior to the settlement conference. In addition to the requirements listed in rule 3.1380(c) of the CRC, the settlement conference statement must include: (a) A caption including the date and time of the settlement conference and trial date, if set; (b) The names of the parties and the dates, times, and locations giving rise to the controversy before the Court; (c) A summary of the important facts of the case indicating the parties’ theories of liability; (d) A statement of any and all legal issues to be resolved by the Court; (e) Copies of all relevant portions of key documents upon which the litigation is based and upon which any party intends to rely; (f) A list of all motions in-limine to be made prior to the readiness conference; (g) A list of damages, current and future, and the legal and factual support thereof; (h) A summary of all previous settlement negotiations; (i) If an insurance carrier is involved and there are any reservations of rights or policy defenses, the legal and factual support therefore; and (j) Any other information as that may be directed by the Court.
DocumentSettlement Conference Statement
At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaint and a copy with proofs of service filed in the case.
DocumentNotice Of Inclusion
Counsel or a self-represented party must immediately file written notice of settlement with any required attachments; failure to do so may be cause for sanctions.
It is the duty of counsel, or the self-represented party, to inform the Court immediately if the case is settled. Notice must be given to the Court by filing a written notice of settlement, including any required attachments. Failure to notify the Court in writing of settlement may be cause for sanctions.
DocumentNotice Of Settlement
Before filing the case management statement, parties must meet and confer in person or by telephone, and summarize the results in the statement.
(c) Meet and Confer: Prior to the filing of the case management statement, parties must meet and confer in person or by telephone regarding the case. The results of this meet and confer must be summarized and included in the case management statement.
DocumentCase Management Statement
(10) Proof of service that the case management statement was served upon all necessary parties;
DocumentCase Management Statement
Motions for relief from any of the provisions of this chapter must be brought before the judge. Any relief motion must be signed by (i) the attorney, if any, and (ii) the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, which declaration sets forth facts establishing the unavailability of the moving party.
DocumentMotion For Relief
Proposed pattern jury instructions that have been modified by a party shall specify in parenthesis or other appropriate manner the respect in which the instructions have been modified.
DocumentProposed Pattern Jury Instructions
Such instructions must comply with rule 2.1055 of the CRC.
DocumentJury Instructions
(1) State with specificity the nature of the relief to be requested and the date, time and place for the presentation of the application;
DocumentEx Parte Notice
All motions in-limine must be in writing.
DocumentMotion In Limine
An ex parte application must include a notice declaration stating the applicable notice details, good-faith unsuccessful efforts to notify, or specified reasons notice should not be required.
An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given, including the date, time, manner and name of the party informed; the relief sought; any response and whether opposition is expected; and that, within the applicable time under rule 3.1203 of the CRC, the applicant informed the opposing party where and when the application would be made; (2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or (3) That, for reasons specified, the applicant should not be required to inform the opposing party.
DocumentEx Parte Application
Proposed orders must be filed or lodged with the Court at least five (5) days before hearing.
DocumentMatter Submitted Without Appearance
If the material is part of a file in this Court, the party shall (a) state in writing the specific part of the Court file sought to be judicially noticed, including the name of the document and the date it was filed, and make a copy of it for the Court file; and (b) make arrangements with the Clerk of the Court to have the file in the courtroom at the time of the hearing.
DocumentJudicial Notice Request
The Court requires a clear and concise statement of facts to accompany any petition for writ of mandate.
DocumentPetition For Writ Of Mandate
The prosecution shall provide a copy of the complaint for distribution to the defendant at the time of arraignment.
DocumentComplaint
The prosecution shall present for filing a duplicate original of the accusatory pleading for each co-defendant so charged,
DocumentAccusatory Pleading
and also shall provide sufficient copies for distribution to all co-defendants at the time of arraignment.
DocumentAccusatory Pleading
Where co-defendants are charged jointly in a complaint, information or indictment, a separate file folder shall be prepared and maintained for each co-defendant.
DocumentAccusatory Pleading
(a) For misdemeanor cases, counsel for the people and for the defendant shall submit any proposed voir dire questions to the Court by the final Pretrial Conference or as otherwise ordered by the Court.
DocumentProposed Voir Dire Questions
(e) In misdemeanor cases, unless otherwise ordered by the Court, counsel shall submit a witness list, a statement of the case, and properly marked exhibits to the Court by 3:00 p.m. the day before the trial is set to begin.
DocumentPretrial Submission
(b) For misdemeanor jury trials, proposed jury instructions shall be submitted no later than the final pretrial conference before the first day of trial or as otherwise ordered by the Court.
DocumentProposed Jury Instructions
(b) For felony cases, counsel for the people and for the defendant shall be prepared to submit any proposed voir dire questions to the Court by the first Pretrial Conference or as otherwise ordered by the Court.
DocumentProposed Voir Dire Questions
Unless otherwise ordered, counsel must submit a written statement of the case by the last pretrial conference.
(c) If the case does not settle, counsel shall inform the Court of the time estimate for the trial and any special requirements that would affect the conduct of the trial. Unless otherwise ordered by the Court, counsel shall submit a written statement of the case on or before the last pretrial conference.
DocumentWritten Statement Of Case
The prosecution must submit a full packet to the Court and the defense only has to submit proposed jury instructions in special cases.
DocumentProposed Jury Instructions
(c) For felony jury trials, proposed jury instructions shall be submitted by the first pretrial conference.
DocumentProposed Jury Instructions
The prosecution must provide a full packet to the Court and the defense only needs to provide proposed jury instructions if a special instruction or if a different format is requested
DocumentProposed Jury Instructions
At the plea, parent’s counsel must provide the Court a JV-190 waiver discussed with and completed by the parent.
In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel for parent(s) shall furnish to the Court, at the time of the plea, a written Waiver of Rights - Juvenile Dependency (form JV-190) that has been discussed with and completed by the parent(s).
DocumentWritten Waiver Of Rights Juvenile Dependency
The attorney shall attach to the renewal Certification of Attorney Competency evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to juvenile dependency proceedings since the attorney was last certified.
DocumentRenewal Certificate Of Attorney Competency
A previously certified attorney must submit a renewed competency certification by January 31 of the third year after the initial certification year and every third year thereafter.
In order to retain his or her certification to practice in juvenile dependency proceedings, each attorney previously certified by the Court shall submit a new Certification of Attorney Competency to the Court on or before January 31 of the third year after the year in which the attorney is first certified, and then every third year thereafter.
DocumentRenewal Certificate Of Attorney Competency
An attorney appearing in a juvenile dependency proceeding on the rules’ effective date who believes they meet the competency standards must submit local form DN-102 within 30 days of that effective date.
Each attorney appearing in juvenile dependency proceedings on the effective date of these rules, who believes that he or she meets the minimum standards of training and experience set forth in these rules shall complete and submit to the court, within thirty (30) days of the effective date of these rules, the Certificate of Attorney Competency, local form DN-102.
DocumentCertificate Of Attorney Competency
After the effective date of these rules, any attorney appearing in a juvenile dependency matter for the first time shall complete and submit a Certificate of Attorney Competency to the Court within ten (10) days of his or her first appearance in a juvenile dependency matter.
DocumentCertificate Of Attorney Competency
A notice must describe the interest or right, identify the relevant agency or forum and its address if known, and describe the proceedings there.
In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.
DocumentNotice To Court
If the person filing the notice is not the attorney for the minor, a copy of the notice shall be served on the attorney for the minor, or, if the minor is unrepresented, the notice shall so state.
DocumentNotice
Unless the Court orders otherwise, proposed findings, statements of decision, and other formal written findings or determinations must be submitted in writing to the Court and emailed in readable Microsoft Word format to the appropriate judicial assistant.
(d) Proposed Findings of Fact and Statements of Decision: Unless otherwise ordered by the Court, parties submitting proposed Findings of Fact, Statements of Decision, or any other formal written Court findings or determinations must submit them in writing to the Court and via electronic mail in a readable Microsoft Word format to the appropriate judicial assistant. Judicial assistant’s electronic mail addresses are listed on the Court’s website: www.delnorte.courts.ca.gov/.
DocumentProposed Findings
(e) Completion of Forms: Parties must file all Judicial Council forms, including attachments as required by CRC and statute, in a timely manner as prescribed by CRC and statute.
DocumentJudicial Council Forms
(a) Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155): The Court may decline to hear a family law matter with financial issues, including child support, spousal support, payment of debts or attorney fees, unless each party to the action has completed, served, and filed in compliance with rule 5.118 of the CRC a current (executed within sixty (60) calendar days of the hearing or trial) and accurate Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155). If there has been any change within the previous sixty (60) calendar days, a party may file with the Court a declaration under penalty of perjury to that effect in lieu of a new Income and Expense Declaration or Financial Statement (Simplified) with current verification of earnings or income attached to the declaration.
DocumentIncome And Expense Declaration Or Simplified Financial Statement
(d) Certified Calculations: Parties requesting child support or temporary spousal support must submit with their application a printout of a certified computer calculation supporting the application. Parties can use any software that is approved by the Judicial Council of California. Matters involving Child Support Title IV-D cases must use the automated child support system.
DocumentChild Support Or Temporary Spousal Support Application
(e) Any party seeking a default judgment of child support, when the parties have not stipulated to the amount of support, shall open a case with the Del Norte County Department of Child Support Services.
DocumentChild Support Default Judgment
The provider of the workshop will prepare and file with the Clerk of the Court a certificate of attendance verifying the completion of the workshop by each attending party.
DocumentCertificate Of Attendance
All grievances in connection with a court-appointed investigator/evaluator must be presented to the Court by noticed motion or objection.
DocumentGrievance
A written declaration signed under penalty of perjury and addressed to the judge presiding over the proceeding must be included in the motion or objection. The declaration must state specifically what alleged issue(s) is the basis for the grievance and what remedy is requested.
DocumentGrievance Motion Or Objection
Any order that permits contact between a party subject to any restraining order or any criminal protective order and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a known “no contact order” issued by a criminal court.
DocumentChild Custody Or Visitation Order
Any order that permits contact between a restrained party and his or her children must contain specific language setting forth the place and manner of the transfer of the children in order to limit the child’s exposure to potential domestic conflict or violence and to ensure the safe exchange of children. The order may not contain language that conflicts with a criminal protective order.
DocumentChild Custody Or Visitation Order
All counsel and self-represented parties must disclose to the Court all known existing restraining, protective, custody, or visitation orders that are in effect anywhere involving the parties to the proceeding or their children.
A proposed form of order shall be lodged with the Court at the time any verified petition in probate is filed.
DocumentVerified Probate Petition
Unless otherwise ordered by the Court, the Court requires the use of local form DN-100, Order Appointing Court Investigator, for the appointment of a court investigator in any probate guardianship case.
DocumentOrder Appointing Court Investigator
All grievances in connection with a court-appointed investigator must be presented to the Court by noticed motion or objection. A written declaration signed under penalty of perjury and addressed to the judge presiding over the proceeding must be included in the motion or objection. The declaration must state specifically what alleged issue(s) is the basis for the grievance and what remedy is requested.
DocumentMotion Or Objection
(d) Withdrawal: A court-appointed investigator may withdraw from a case upon filing a petition showing good cause.
DocumentPetition
A media-access request must use form MC-500 and include form MC-510.
Pursuant to rule 1.150 of the CRC, a request for media access must be filed using form MC-500, Media Request to Photograph, Record or Broadcast, not less than five (5) days in advance. Form MC-510, Order on Media Request to Permit Coverage, must be filed with the request.
DocumentMedia Access Request
Unless otherwise ordered by the Court, a party offering into evidence an electronic sound or sound-and-video recording must tender to the Court and to any opposing party a typewritten transcript of the electronic recording.
DocumentElectronic Recording Evidence
The Court generally does not read text messages or electronic mail transmissions in open court and instead requires parties to print out such communications and offer them as written evidence.
DocumentText Message Or Email Evidence
DN-100 Order Appointing Court Investigator 01/12 Yes
DocumentOrder Appointing Court Investigator
DN-101 Ex Parte Request & Order re: Fine Payments 01/12 Yes
DocumentEx Parte Request And Order Re Fine Payments
DN-102 Certificate of Competency - Juvenile Court 01/12 Yes
DocumentCertificate Of Competency Juvenile Court
Conduct an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate.
DocumentInvestigative Report
A report for a guardianship of the person must discuss the listed social histories, needs, relationship and custody circumstances, the proposed ward’s attitude subject to the stated exception, and plans for the ward’s home.
The report for guardianship of the person shall include, but need not he limited to, an investigation and discussion of all the following: (1) A social history of the guardian. (2) A social history of the proposed ward, including to the extent feasible, an assessment of any identified developmental, emotional, psychological, or educational needs of the proposed ward and the capability of the petitioner to meet those needs. (3) The relationship of the proposed ward to the guardian, including the duration and character of the relationship, where applicable, the circumstances whereby physical custody of the proposed ward was acquired by the guardian and a statement of the proposed ward's attitude concerning the proposed guardianship, unless a statement of attitude is affected by the proposed ward's developmental, physical, or emotional condition. (4) The anticipated duration of the guardianship and the plans of both the natural parents and the proposed guardian for the stable and permanent home of the proposed ward.
DocumentInvestigative Report
The competency certification states that the attorney meets juvenile-court practice standards and has completed the required training, education, and/or experience.
am an attorney at law licensed to practice in the State of California. My State Bar Number is _____________. I hereby certify that I meet the minimum standards for practice before a juvenile court set forth in rule 5.660 of the California Rules of Court, and Chapter 10 (Juvenile Court Rules) of the local rules of court for the Superior Court of California, County of Del Norte, and that I have completed the minimum requirements for training, education and/or experience as set forth below.
DocumentCertification Of Competency
An NTA issued after an immigration enforcement action leading to removal proceedings must certify compliance with the section 1367 disclosure restrictions.
If an immigration enforcement action leads to a removal proceeding, federal law and DHS policies require that DHS issue a Notice to Appear (NTA) including a specific certification that the agency complied with the restrictions on the disclosure of information under section 1367 of title 8 of the United States Code for those persons.
DocumentNotice To Appear
An NTA served in a location co-located with a court facility must include the required section 1367 certification regardless of evidence about the person’s victim status or visa category.
To the extent any of these locations are co-located with a court facility, in order for an NTA to be valid when served within these co-located areas, it must include the necessary certification regardless of whether there is evidence that the person being served has been battered, suffered extreme cruelty, or is described in T- or U-visa categories.
DocumentNotice To Appear
A U visa certification must be fully completed and signed and must detail the crime and the victim’s helpfulness or likely helpfulness.
Further, the certifying official must fully complete and sign the U visa certification and include “specific details about the nature of the crime investigated or prosecuted and a detailed description about the victim’s helpfulness or likely helpfulness to the detection or investigation or prosecution of the criminal activity.”
DocumentU Visa Certification
10. [Court] personnel shall complete an incident report that includes the information gathered as described above and the officer's statements and actions.
DocumentIncident Report
Filing & Service rules
Electronic Filing Rules
A purported notice of unavailability is not fileable and will be returned if presented to the Clerk’s Office.
A purported “notice of unavailability” pursuant to Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299, is not a fileable document under the California Rules of Court, and is an impermissible infringement of a trial court’s inherent power to control its calendar. (Carl v. Superior Court (2007) 157 Cal.App.4th 73, 76-77.) Any such notice presented to the Clerk’s Office for filing will be returned by the clerk to the presenting party.
Civil cases
Page 1 | RE: Notice of Unavailability Pursuant to Tenderloin Housing Clinic
Facsimile filing is permitted for civil, probate, and family law documents, subject to applicable rules, filing-party responsibility, and possible suspension or denial by the Court.
Pursuant to rule 2.300 of the CRC, a party may file all documents in civil, probate, and family law matters by facsimile. Proper transmission of a document is the responsibility of the filing party, not the Court. Facsimile filings must comply with rule 2.100 - 2.119 of the CRC and other applicable rules and statutes. Filing documents by facsimile is permissive and may be suspended or denied by the Court.
Page 8 | Chapter 2 - Administration of Judicial Business, Rule 2.3(a)
Documents may be filed by facsimile directly with the Clerk’s Office at the stated number or through a facsimile filing agency.
(d) The following facsimile number shall be used for direct facsimile filings to the Clerk’s Office: (707) 465-4005. A party may also use a facsimile filing agency for filing documents by facsimile.
Page 9 | Rule 2.3
Filing Timing and Cure Windows
The Court must be informed immediately when a case settles, by filing written notice with any required attachments.
It is the duty of counsel, or the self-represented party, to inform the Court immediately if the case is settled. Notice must be given to the Court by filing a written notice of settlement, including any required attachments.
Page 13 | RULE 5.3 DUTY TO IMMEDIATELY NOTIFY COURT OF SETTLEMENT
Requested jury instructions must be delivered to the trial judge at the prescribed or court-ordered time, and no later than the first morning of trial.
Requested jury instructions shall be delivered to the trial judge at the times provided herein, or at such other times as may be ordered by the court and in no event later than the first morning of trial.
Page 20 | CHAPTER 7 - GENERAL CIVIL LAW RULES, RULE 7.1(d)(1)
Motions in limine and responses must be filed by the readiness conference.
Each motion and response must be filed no later than the readiness conference.
Page 21 | Motions In-Limine
The Clerk must accept an ex parte application for filing despite noncompliance with Rule 7.2(a) and promptly present it to the appropriate judicial officer.
Notwithstanding the failure of an applicant to comply with the requirements of local rule 7.2(a), the Clerk of the Court must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.
Page 22 | Rule 7.2(d), Filing and Presentation
Proposed orders must be filed or lodged with the Court at least five days before the hearing.
Proposed orders must be filed or lodged with the Court at least five (5) days before hearing.
Page 25 | RULE 8.4 GENERAL PROCEDURE FOR COURT ACTION WITHOUT APPEARANCE BY COUNSEL OR PETITIONER
Law and motion papers must be filed and served within the time limits set by statute or the California Rules of Court.
All law and motion papers must be filed and served within the time limits set by statute or the CRC.
Page 25 | RULE 8.5 LATE-FILED PAPERS
All necessary papers, including declarations, must be filed or lodged by the legally required date.
All necessary papers, including declarations, must be filed or lodged with the Court by the date required by law.
Page 25 | RULE 8.4 GENERAL PROCEDURE FOR COURT ACTION WITHOUT APPEARANCE BY COUNSEL OR PETITIONER
Unless good cause is shown, reply papers must be filed at least 2 court days before the hearing.
and all reply papers at least two (2) court days before the hearing.
Page 28 | Rule 9.4(a)
Absent an order based on good cause, a complaint for a defendant in custody must be presented for filing by 10:30 a.m. on the day of the defendant’s first appearance.
Except as ordered upon a showing of good cause, the complaint shall be presented to the Clerk for filing not later than 10:30 a.m. on the day of defendant's first appearance, if the defendant is in custody;
Page 28 | Rule 9.2(b)
Absent an order based on good cause, a complaint for a defendant not in custody must be presented for filing by 3:30 p.m. on the second Court day before the defendant’s first appearance.
or 3:30 p.m. of the second Court day preceding the date of first appearance, if the defendant is not in custody.
Page 28 | Rule 9.2(b)
Absent an order based on good cause, an information or indictment must be presented for filing by 3:30 p.m. on the day before the defendant’s first appearance for arraignment on it.
Except as ordered upon a showing of good cause, the information or indictment shall be presented to the Clerk for filing not later than 3:30 p.m. on the day before defendant's first appearance for arraignment on the information or indictment.
Page 28 | Rule 9.2(c)
Unless good cause is shown, motions and accompanying points and authorities must be filed at least 10 court days before the hearing.
Except for good cause shown, all pretrial motions shall be made in compliance with rule 4.111 of the CRC, which generally requires that motions and accompanying points and authorities be filed at least ten (10) court days,
Page 28 | Rule 9.4(a)
Unless good cause is shown, opposing papers must be filed at least 5 court days before the hearing.
all opposing papers at least five (5) court days,
Page 28 | Rule 9.4(a)
(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.
(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.
Page 31 | RULE 9.11 SENTENCING
Renewal certifications are due by January 31 of the specified third year and every third year thereafter.
In order to retain his or her certification to practice in juvenile dependency proceedings, each attorney previously certified by the Court shall submit a new Certification of Attorney Competency to the Court on or before January 31 of the third year after the year in which the attorney is first certified, and then every third year thereafter.
Page 33
The competency certificate for a qualifying attorney appearing when the rules take effect is due within 30 days of the effective date.
Each attorney appearing in juvenile dependency proceedings on the effective date of these rules, who believes that he or she meets the minimum standards of training and experience set forth in these rules shall complete and submit to the court, within thirty (30) days of the effective date of these rules, the Certificate of Attorney Competency, local form DN-102.
Page 33
The first-appearance competency certificate is due within 10 days after the attorney’s first appearance in a juvenile dependency matter.
After the effective date of these rules, any attorney appearing in a juvenile dependency matter for the first time shall complete and submit a Certificate of Attorney Competency to the Court within ten (10) days of his or her first appearance in a juvenile dependency matter.
Page 33
Counsel for a minor must notify the court as soon as reasonably possible after learning of a right or interest that may need protection or pursuit in another forum.
If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the Court of such right or interest as soon as it is reasonably possible for counsel to do so.
Page 34 | Rule 10.5
An attorney who receives a decertification notice has 20 days from the mailing date to submit evidence of compliance with the applicable training and education requirements.
The attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of compliance with the training and education requirements for certification or renewal of certification to practice in juvenile dependency proceedings in the Court.
Page 34
The advocate must submit the report to the Court at least two court days before the hearing.
The advocate must submit his or her report to the Court and serve a copy of the report on all parties at least two (2) court days prior to the hearing for which the report was prepared.
Page 38 | Distribution of CASA Reports
Parties must immediately notify the Court by proper filing when a matter is going off calendar.
(c) Matters Going Off Calendar: Parties must inform the Court immediately through a proper Court filing when matters are going off calendar.
Page 39 | Chapter 11 – Family Law Rules, Rule 11.1(c)
A party intending to submit a matter without appearing must notify the Court by separate pleading at least three court days before the hearing.
Any party intending to submit a matter for action without appearance shall notify the Court at least three (3) court days prior to the hearing by separate pleading.
Page 46 | Rule 12.2 Submission of Matter Without Appearance by Counsel
Necessary papers, including declarations and proposed orders, must be filed or lodged by the date required by law or at least five court days before the probate-calendar hearing.
All necessary papers, including declarations and proposed orders, must be filed or lodged with the Court by the date required by law or at least five (5) court days before hearing on the probate calendar.
Page 46 | Rule 12.2 Submission of Matter Without Appearance by Counsel
A request for media access must be filed at least five days in advance.
Pursuant to rule 1.150 of the CRC, a request for media access must be filed using form MC-500, Media Request to Photograph, Record or Broadcast, not less than five (5) days in advance.
Page 53 | RULE 16.3 REQUESTS FOR MEDIA COVERAGE
An opposition to a media request must be filed within one day after receipt of notice of the request.
Any opposition to media request must be filed within one (1) day of receipt of notice of request.
Page 53 | RULE 16.3 REQUESTS FOR MEDIA COVERAGE
The investigator must file the report with the court and mail copies to the specified recipients at least four days before the hearing.
At least four days before the date set for hearing file the report with the Court and mail a copy of your report to all of the following:
Page 57 | ORDER APPOINTING COURT INVESTIGATOR AND GIVING ACCESS TO RECORDS
A U visa certification must be completed within 90 days of request, or within 14 days if the applicant is in immigration removal proceedings.
This certification must be completed within 90 days of the request, unless the applicant is in immigration removal proceedings, in which case the certification must be completed within 14 days of the request.
Page 14 | The Immigrant Victims of Crime Equity Act
Requests to add to calendars must be received by 10:30 a.m. the prior day, subject to the listed categories below.
Requests to add to calendars must be received by 10:30a.m. the prior day, unless it falls into the categories mentioned below.
Page 1 | Clerk Counter Hours and Filing Deadlines
A document placed in the courthouse mailbox is filed as of the date it was placed there.
The documents placed in the courthouse mailbox will reflect the date of filing as the date it was placed in the mailbox.
Page 1 | Clerk Counter Hours and Filing Deadlines
Criminal complaints with signed agreements to appear for Tuesday 1:30 p.m. or Friday 10:30 a.m. appearances are due by 3:30 p.m. the preceding day.
For criminal Complaints that have signed Agreements to Appear for Tuesdays at 1:30p.m. and Fridays at 10:30am the filing deadline is 3:30p.m. the day before the set appearance date.
Page 1 | Clerk Counter Hours and Filing Deadlines
For the 1:10 p.m. in-custody arraignment calendar, the specified criminal complaints, calendar-add requests, signed active-warrant agreements to appear, and bail review reports are due by 10:30 a.m. that day.
For criminal Complaints, Requests to Add to Calendar, signed Agreements to Appear on active warrants and/or Bail Review reports for the 1:10p.m. Arraignment (in-custody) calendar, the filing deadline will remain by 10:30a.m. the day of.
Page 1 | Clerk Counter Hours and Filing Deadlines
Documents relating to cases with a calendar date are due by 10:30 a.m. the prior court day; later documents must be filed in open court.
For documents relating to cases with a calendar date, the filing deadline is 10:30a.m. the court day before. Documents after 10:30am will need to be filed in open court.
Page 1 | Clerk Counter Hours and Filing Deadlines
(b) In the interest of jurors and taxpayers, the Court strongly encourages parties to settle cases as soon as possible. The Court must be informed immediately of any settlement. Jury fees will be forfeited if the Court deems it was not timely notified.
(b) In the interest of jurors and taxpayers, the Court strongly encourages parties to settle cases as soon as possible. The Court must be informed immediately of any settlement. Jury fees will be forfeited if the Court deems it was not timely notified.
Page 13 | RULE 5.4 SETTLEMENT OF JURY TRIALS
The Court may choose not to consider papers filed late.
The Court reserves the option of not considering late-filed papers.
Page 25 | RULE 8.5 LATE-FILED PAPERS
Ordinarily, such arrangements shall be made with the Clerk of the Court at least three (3) days in advance of the hearing; however, if the file is over five (5) years old, additional time may be required for an archive search and retrieval.
Ordinarily, such arrangements shall be made with the Clerk of the Court at least three (3) days in advance of the hearing; however, if the file is over five (5) years old, additional time may be required for an archive search and retrieval.
Page 25 | RULE 8.3 JUDICIAL NOTICE AND REPORTS OF OTHER JURISDICTIONS
When publication is required, the party must allow enough time to file the affidavit of publication before the hearing or trial.
In noticing petitions for probate of wills and other matters where publication is required, the party shall allow sufficient time to file the affidavit of publication prior to the date of hearing or trial.
Page 46 | Rule 12.1 Probate Calendar
The exterior court mailbox on the H Street side is available from 8:00 a.m. to 4:00 p.m.
The exterior court mailbox, located outside on the H Street side of the courthouse will be available 8:00 a.m. to 4:00 p.m.
Page 1 | Clerk Counter Hours and Filing Deadlines
Courthouse Mailbox #31 accepts filings from 4:30 p.m. to 5:00 p.m. after the counter closes.
Courthouse Mailbox #31, located in the main lobby of the courthouse, will be opened and available from 4:30 p.m. to 5:00 p.m. for receipt of filings after the counter closes at 4:30p.m.
Page 1 | Clerk Counter Hours and Filing Deadlines
Clerk counters are open from 8:00 a.m. to 4:30 p.m. and close at 4:30 p.m.
As the State of California continues to reopen following the COVID-19 pandemic and in accordance with the Governor of California and Cal/OSHA rules and regulations, the Del Norte Superior Court will re-open clerk counters effective July 6, 2021 from 8:00 a.m. to 4:30 p.m. The counters will close at 4:30 p.m. to allow sanitation, processing and preparing for the next business day.
Page 1 | Clerk Counter Hours and Filing Deadlines
The court may make an exception to a deadline when contacted with a proper and valid reason it cannot be met.
Exceptions may be made upon contacting the court with a proper and valid reason of why a deadline may not be met.
Page 1 | Clerk Counter Hours and Filing Deadlines
Service and Proof of Service Rules
The summons and complaint must be served on all named defendants within 90 calendar days after the complaint is filed.
Summons and complaint must be served no later than ninety (90) calendar days after the filing of the complaint on all named defendants.
Page 12 | RULE 3.3 TIME STANDARDS
The notice of inclusion must be served with the complaint, and a copy with proofs of service must be filed in the case.
At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaint and a copy with proofs of service filed in the case.
Page 12 | RULE 3.4 CASE MANAGEMENT
Responsive pleadings must be served on each party entitled to service within 30 calendar days after service of the complaint or cross-complaint.
Responsive pleadings will be served upon each party entitled to service no later than thirty (30) calendar days after service of the complaint or the cross-complaint upon each party.
Page 12 | RULE 3.3 TIME STANDARDS
Cross-complaints must be served within 30 calendar days after responsive pleadings are filed, but cross-complaints against new parties must be served within 15 calendar days.
Cross-complaint(s) must be served within thirty (30) calendar days of filing responsive pleading(s), except that a cross-complaint against new parties must be served within fifteen (15) calendar days of filing the responsive pleading(s).
Page 12 | RULE 3.3 TIME STANDARDS
Responses to cross-complaints must be filed and served within 30 calendar days after service of the cross-complaint.
Filing and service of response(s) must be made within thirty (30) calendar days of service of the cross-complaint(s).
Page 12 | RULE 3.3 TIME STANDARDS
Each party must file and serve the settlement conference statement on all other parties at least five court days before the conference.
Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading form, at least five (5) court days prior to the settlement conference.
Page 12 | RULE 5.2 SETTLEMENT CONFERENCE STATEMENT
Each party must file and serve a case management statement on the other parties at least 15 calendar days before the CMC.
Each party must file and serve a case management statement on the other parties no later than fifteen (15) calendar days before the CMC.
Page 12 | RULE 3.4 CASE MANAGEMENT
In covered civil cases where a responsive pleading has been filed, the plaintiff must file and serve an at-issue memorandum within 180 calendar days after the complaint is filed, unless the matter is finally disposed of sooner.
(a) Time Lines: In all civil cases specified in local rule 4.1, in which a responsive pleading has been filed, the plaintiff must file and serve an at-issue memorandum within one hundred and eighty (180) calendar days from the date the complaint is filed, unless there is a final disposition to the matter prior to the one hundred and eighty (180) calendar day time limit.
Page 16 | RULE 4.2 AT-ISSUE MEMORANDUM
A party seeking an ex parte order must notify all parties by 10:00 a.m. on the court day before the appearance unless exceptional circumstances justify shorter notice or waiver.
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice or waiver thereof.
Page 21 | Rule 7.2(a)(1), Time of Notice
A party requesting judicial notice must provide the material to the Court and each party.
A party requesting judicial notice of material under Evidence Code sections 452 or 453 shall provide the Court and each party with a copy of the material.
Page 25 | RULE 8.3 JUDICIAL NOTICE AND REPORTS OF OTHER JURISDICTIONS
A party intending to submit a matter without an appearance must notify the Court and opposing counsel by separate pleading at least three days before the hearing.
Any party intending to submit a matter for action without appearance shall notify the Court and opposing counsel at least three (3) days prior to the hearing by separate pleading.
Page 25 | RULE 8.4 GENERAL PROCEDURE FOR COURT ACTION WITHOUT APPEARANCE BY COUNSEL OR PETITIONER
If the respondent or real party in interest is a board or commission, service must be made on its presiding officer, secretary, or a majority of its members.
Where the respondent or real party in interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
An issued alternative writ must be served in the same manner as a summons in a civil action, unless the Court orders otherwise.
If issued, it must be served in the same manner as a summons in a civil action unless the Court orders otherwise.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
A petition must be served in the same manner as a summons and complaint.
A petition must be served in the same manner as a summons and complaint.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
The verified petition must be served before filing, and the writ application must include proof that a copy was served on the respondent and real party in interest.
Code of Civil Procedure section 1107 requires service of the verified petition before it is filed, and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
An alternative writ will not issue unless the application is served at least five days before the ex parte hearing, unless good cause is shown or the responding party waives service.
Absent a showing of good cause or waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex-parte hearing.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
Sentencing letters and other written submissions must be served on opposing counsel and lodged by 2:30 p.m. the day before the hearing, absent good cause.
(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.
Page 31 | RULE 9.11 SENTENCING
Any written expert-witness reports must be disclosed to all parties at least two court days before the hearing.
(c) Written reports of expert witnesses, if any, must be disclosed to all parties at least two (2) court days in advance of the hearing.
Page 32 | RULE 10.2 MEET AND CONFER REQUIREMENTS
If issues remain unresolved, each party must provide other counsel anticipated witnesses’ names and addresses at least two court days before the hearing, except confidential foster-parent addresses; noncompliance may result in witness preclusion.
(b) If the parties are unable to resolve the issues, each party shall advise the other counsel orally or in writing not later than two (2) court days prior to the scheduled hearing of the names and addresses of each anticipated witness (addresses of confidential foster parents need not be disclosed). Failure to comply may be cause for preclusion of the witness from testifying.
Page 32 | RULE 10.2 MEET AND CONFER REQUIREMENTS
Written complaints must be lodged with the Court, stamped “RECEIVED,” and copied to the attorney in question.
Written complaints shall be lodged with the Court, stamped “RECEIVED” and shall be copied to the attorney in question.
Page 35 | Rule 10.6 Complaints Against Attorneys
A filer who is not the minor’s attorney must serve the notice on that attorney; if the minor is unrepresented, the notice must say so.
If the person filing the notice is not the attorney for the minor, a copy of the notice shall be served on the attorney for the minor, or, if the minor is unrepresented, the notice shall so state.
Page 35 | Juvenile Court Rules
The appointed advocate is entitled to receive the social worker’s report when it is filed with the Court.
In any case for which an advocate has been appointed, the advocate has a right to receive the social worker’s report at the time of filing with the Court.
Page 38 | Right to Social Worker’s Report
The advocate must serve the report on all parties at least two court days before the hearing.
The advocate must submit his or her report to the Court and serve a copy of the report on all parties at least two (2) court days prior to the hearing for which the report was prepared.
Page 38 | Distribution of CASA Reports
The moving party must give the appointed advocate timely notice of any motion concerning the child.
In any motion concerning the child for whom the advocate has been appointed, the moving party must provide the advocate timely notice.
Page 38 | Right to Notice
If the parties have not exchanged current documentation five court days before the hearing, they must exchange the specified wage and tax records, plus specified business records for any self-employed party; confidential information may be stricken.
(b) Documentation: If the parties have not exchanged current documentation five (5) court days before the scheduled hearing, the parties must exchange the following documents: (i) current wage verification for the prior three (3) month period and (ii) most recent state and federal income tax returns with W-2 statements. If a party is self-employed, the party must also produce all year-end 1099 forms for the prior year, and a current profit and loss statement and balance sheet of the self-employed party’s business entity. The submitting party may strike confidential information.
Page 40 | Chapter 11 – Family Law Rules, Rule 11.2(b)
The filing party must file proof of service with the Court.
The filing party must file proof of service with the Court.
Page 41 | Family Law Rules
The filing party must serve the workshop instructions on the opposing party with the pleadings.
The filing party must serve a copy of these written instructions on the opposing party along with the pleadings.
Page 41 | Family Law Rules
The Court will provide hearing notice to all counsel and parties.
Notice of the hearing will be provided to all counsel and parties by the Court.
Page 45 | Modification of Criminal Protective Orders
The Family, Juvenile, or Probate Court must provide the Criminal Court with copies of existing or proposed orders concerning the matter.
The Family, Juvenile, or Probate Court shall provide the Criminal Court with copies of existing or proposed orders relating to the matter.
Page 45 | Modification of Criminal Protective Orders
The investigator must mail the report at least four days before the hearing to the petitioner’s attorney or, if unrepresented, the petitioner, the proposed ward’s attorney, and any other persons ordered by the court.
At least four days before the date set for hearing file the report with the Court and mail a copy of your report to all of the following: (1) the attorney, if any, for the petitioner and if the petitioner is not represented by an attorney, then to the petitioner. (2) the attorney, if any, for the proposed ward; (3) other persons ordered by the court:
Page 57 | ORDER APPOINTING COURT INVESTIGATOR AND GIVING ACCESS TO RECORDS
Unless delayed notice is authorized, the executing officer must provide or leave a copy of the warrant and a receipt for property taken.
Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken.
Page 33 | Appendix C
For a subpoena commanding pretrial production or inspection, serve notice and a copy on every party before serving the subpoena on its directed recipient.
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
Page 36 | Appendix F
In an unlawful detainer proceeding, shorter ex parte notice is permitted if the notice given is reasonable.
A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.
Page 21 | Rule 7.2(a)(2), Time of Notice
A petition may be filed without proof of service, but the Court may take no action other than summary denial until the stated service provisions are satisfied.
The petition may be filed without a proof of service, but no action (other than summary denial) can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and local rule 8.7(e) below.
Page 26 | RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION
Court personnel are not required to deliver or facilitate service of a notice to appear on the person named in it.
[Court] personnel is under no obligation to deliver or facilitate service of this document to the person named in the document.
Page 24 | Model Policies Regarding the Collection and Dissemination of Personal Information
Filing Fees and Waivers
Facsimile filing requires a charge, with the amount listed in the Court's approved schedule of local charges and fees.
A charge will be required for filing documents by facsimile. The amount of this charge is listed on a Court approved list of local Court charges and fees, which is available for viewing at the Clerk’s Office and is also posted on the court's website: www.delnorte.courts.ca.gov/.
Page 8 | Rule 2.3(b)
The check for facsimile filing charges and any additional filing fees must arrive at the Clerk's Office within five court days.
The check must arrive at the Clerk's Office within five (5) court days.
Page 8 | Rule 2.3(c)
After a jury-trial waiver, opposing counsel’s jury demand must be accompanied by the jury deposit required by the rule.
Upon waiver of trial by jury by announcement or by operation of law, any demand for trial by jury by opposing counsel must be accompanied by a jury deposit as provided herein by this rule.
Page 20 | CHAPTER 7 - GENERAL CIVIL LAW RULES, RULE 7.1(b)
For civil jury trials other than unlawful detainer actions, first-day jury fees are due 25 calendar days before trial, and a jury generally may not be drawn if the fees are not timely received.
For all civil matters scheduled for a jury trial, other than unlawful detainer actions, jury fees for the first day of trial are due and payable no later than twenty-five (25) calendar days prior to trial. Unless otherwise ordered by the Court, a jury may not be drawn if the Clerk’s Office does not timely receive jury fees.
Page 20 | CHAPTER 7 - GENERAL CIVIL LAW RULES, RULE 7.1(a)
In unlawful detainer actions, first-day jury fees are due 5 calendar days before trial, and a jury will not be drawn if the fees are not timely received.
In unlawful detainer actions, jury fees for the first day of trial are due and payable no later than five (5) calendar days prior to trial. A jury will not be drawn if the Clerk’s Office does not timely receive jury fees.
Page 20 | CHAPTER 7 - GENERAL CIVIL LAW RULES, RULE 7.1(a)
If dismissal is granted under the order, further collection from the inmate’s trust account must stop, and amounts already collected above $50.00 will be refunded.
If dismissal is granted pursuant to this order, the California Department of Corrections and Rehabilitation will be notified that no further collection is to be made from the inmate’s trust account, and any portion of the filing fee already collected in excess of $50.00 will be refunded.
Page 1 | Re: Dismissal of Inmate Claims after Denial of Fee Waiver Request
Upon an eligible inmate plaintiff’s request after notice that a fee waiver was denied, the clerk shall dismiss the action only if the request is received within 60 days of mailing, no defendant has been served or appeared, and the inmate has not previously received similar relief.
Until further order of the Court, the clerk shall dismiss an action and provide the relief listed in the next paragraph upon request of any plaintiff inmate who promptly requests the dismissal of an action pursuant to this order after being notified that the filing fee will not be waived. This relief is to be granted only if (1) the request for dismissal is received within 60 days of mailing of the notice to the inmate that the filing fee will not be waived, (2) no proof of service has been filed or general appearance made by any defendant, and (3) only if similar relief has not been previously provided to the inmate in any proceeding.
Page 1 | Re: Dismissal of Inmate Claims after Denial of Fee Waiver Request
Inmates must pay the full filing fee; in civil actions, it is often more than $400.
However Government Code section 68635 requires inmates to pay the full filing fee, which in civil actions is often more than $400.
Page 1 | Re: Dismissal of Inmate Claims after Denial of Fee Waiver Request
Anyone wishing to appear by telephone must prepare, serve, and file required forms and pay a fee for each telephonic appearance.
Attorneys and parties wishing to appear by telephone are responsible for preparing, serving, and filing any required forms and paying a fee for each telephonic appearance.
Page 24 | Rule 8.2(b)
The workshop fee is listed in the Court schedule and is not normally waived, but a party receiving public assistance may apply for a fee adjustment.
The fee is listed in the Court schedule of fees and will not normally be waived; however, a party may apply to Family Court Services for a fee adjustment if the party is receiving public assistance payments.
Page 41 | Family Law Rules
When the Court orders an investigation, it also orders payment of associated fees and costs, which the parties must pay directly to the Clerk's Office unless the Court orders otherwise.
When the Court orders an investigation, the Court will also order the payment of associated fees and costs. Unless otherwise ordered, the party or parties must pay the fees and costs directly to the Clerk's Office.
Page 47 | Payment of Investigator’s Fees and Costs
Amounts collected up to $50 will not be refunded.
The Court will have expended substantial costs in processing such cases and any amounts collected up to $50 will not be refunded.
Page 1 | Re: Dismissal of Inmate Claims after Denial of Fee Waiver Request
A weekly jury list subscription is subject to a $150 yearly fee.
An attorney may request to be supplied a weekly jury list subscription. The request must be made in writing annually and is subject to a fee of $150 yearly to cover cost of production and supply.
Page 1 | RE: Distribution of Jury Pool List
People unable to afford civil filing or appearance fees may ask the clerk for a fee-waiver application, which is free.
See the Fee Schedule here for civil filing and appearance fees. If you believe that you are unable to afford these fees, ask the court clerk for an application for a fee waiver. There is no charge for this form.
Civil cases
Page 1 | Civil filing forms and fees
Attorneys and unrepresented litigants may request a jury pool list at no cost after it is generated, usually two to three weeks before trial.
The list is available without cost to attorneys and unrepresented litigants upon request immediately after generation, usually two to three weeks before trial.
Page 1 | RE: Distribution of Jury Pool List
For cash payments of fines, the Court reduces the amount owed to the lower whole dollar and does not collect the cents.
Therefore, the Court will not collect the cents owing on a fine when accepting a cash payment¹. Instead, the final amount owed will be reduced to the lower whole dollar amount in place of the actual balance. For example, a balance of $35.16 will be rounded to $35.00. This Order applies to cash payments only.
Criminal cases
Page 1 | Regarding Fine/Fee Reduction
Courtesy Copy Requirements
When late filing is unavoidable, a courtesy copy should be provided to the judge's judicial assistant, but review before the hearing is not assured.
When counsel or a party unavoidably must file papers late, a courtesy copy should be provided to the judge's judicial assistant, which, depending on the press of court business, may allow review prior to a hearing.
Page 26 | RULE 8.5 LATE-FILED PAPERS
Pre-Motion Conference Requirements
(b) Meet and Confer Requirement: The Court may decline to hear any family law matter unless and until self-represented parties and counsel, with their respective clients either physically present or immediately physically available, have met and conferred in good faith in an effort to resolve all or part of their issues. At the meeting, all parties must exchange documents that may be relevant to contested issues or that may be offered into evidence at the outset of the hearing on the matter and attempt to reach agreement on the admissibility of documents being offered. Each self-represented party or counsel must represent to the Court that there has been compliance with this rule. Non- compliance with this rule may result in (i) the matter being dropped from the calendar or continued, (ii) the rejection of non-exchanged documents into evidence, or (iii) other sanctions as deemed appropriate by the Court.
(b) Meet and Confer Requirement: The Court may decline to hear any family law matter unless and until self-represented parties and counsel, with their respective clients either physically present or immediately physically available, have met and conferred in good faith in an effort to resolve all or part of their issues. At the meeting, all parties must exchange documents that may be relevant to contested issues or that may be offered into evidence at the outset of the hearing on the matter and attempt to reach agreement on the admissibility of documents being offered. Each self-represented party or counsel must represent to the Court that there has been compliance with this rule. Non- compliance with this rule may result in (i) the matter being dropped from the calendar or continued, (ii) the rejection of non-exchanged documents into evidence, or (iii) other sanctions as deemed appropriate by the Court.
Page 39 | Chapter 11 – Family Law Rules, Rule 11.1(b)
A court responsible for custody or visitation orders may calendar a hearing before the Criminal Court to consider modifying a potentially conflicting criminal order.
Any Court responsible for issuing custody or visitation orders that becomes aware of a possible conflicting Criminal Court order may, on its own motion or at the request of a defendant, protected person, or other interested party, calendar a hearing before the Criminal Court on the issue of whether the criminal order should be modified.
Page 45 | Modification of Criminal Protective Orders
Adjournment & Extension Requirements
An initial stipulated CMC continuance requires a stipulation signed by all parties and a declaration stating the reason; the Clerk’s Office must receive the request by the court day before the scheduled CMC.
(A) By Stipulation: Parties requesting an initial continuance must submit a stipulation signed by all parties and a declaration stating the reason for the request. The Clerk's Office must receive this request as soon as possible, but no later than the court day before the scheduled CMC.
Page 13 | Continuances
A non-stipulated CMC continuance requires a noticed motion with a hearing set before the CMC, supported by a declaration and proof of service, and may be granted upon a finding of good cause.
(B) Without Stipulation: Parties requesting a non-stipulated continuance must file a noticed motion and set a hearing date prior to the scheduled CMC. A declaration and proof of service must support the motion. The motion will be granted upon a finding of good cause.
Page 14 | Continuances
Further CMC continuances may be granted only upon filing a proper motion and court order.
Any further continuances may only be granted upon filing of a proper motion and order of the court.
Page 14 | Continuances
The parties may continue a matter once by stipulation without court approval if the Court is informed at least five days before the hearing; other continuances require court approval for good cause, followed by a confirming letter to the Judicial Assistant and all other counsel.
By stipulation, the parties may continue a matter one (1) time only without the approval of the Court if the Court is informed at least five (5) days in advance of the hearing date. Except as herein expressly provided, no matter will be continued, even by stipulation of the parties, except with the approval by the Court for good cause shown. If good cause is shown to the satisfaction of the Court, the requesting party shall send a confirming letter via e-mail or U.S. Postal Service mail to the Judicial Assistant for the department hearing the matter and all other counsel.
Page 24 | Rule 8.1(d)
Responsive pleadings may be served under an extension of up to 15 calendar days obtained by all-party stipulation or court order granting the responding party’s motion for relief.
Responsive pleadings will be served upon each party if an extension, not exceeding fifteen (15) calendar days, is obtained by stipulation of all parties or by order of the court granting the responding party‘s motion for relief from the time limit.
Page 12 | RULE 3.3 TIME STANDARDS
The court may extend service-of-process or summons-return deadlines for good cause, unless otherwise provided by law.
Except as otherwise provided by law, the court may extend any time requirements for service of process and return of summons upon a showing of good cause by the litigant.
Page 12 | RULE 3.3 TIME STANDARDS
Attorneys shall consult the Court website to determine the dates available to schedule the CMC.
Attorneys shall consult the Court website to determine the dates available to schedule the CMC.
Page 14 | Continuances
the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set.
the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set.
Page 14 | Continuances
A motion for relief from a time limit in this chapter may be granted only upon a showing of good cause.
Motions for relief from time limits set forth in this chapter will be made and may be granted only upon a showing of good cause.
Page 15
Before denying a petition submitted without appearance, the Court may continue the matter to give counsel or the petitioner an opportunity to appear.
Before denying any petition where appearance is not made under this local rule, the Court in its discretion may continue the matter to provide counsel or the petitioner an opportunity to appear.
Page 46 | Rule 12.2 Submission of Matter Without Appearance by Counsel
As a policy recommendation, judges should consider granting continuances and not penalizing a failure to appear when the individual has a credible fear of immigration enforcement.
For instance, judges should consider granting continuances, and not assess penalties for an individual's failure to appear if that person has a credible fear of immigration enforcement.
Page 10 | Reducing Nonessential In-Person Court Appearances
Chambers Communication Rules
Prior arrangements, not less than three (3) court days prior to hearing date, should be made with CourtCall by calling the CourtCall at (888) 882-6878.
Prior arrangements, not less than three (3) court days prior to hearing date, should be made with CourtCall by calling the CourtCall at (888) 882-6878.
Page 24 | Rule 8.2(b)
When a matter is dropped from the law and motion calendar, moving counsel must immediately notify the Judicial Assistant for the department.
When a matter is to be dropped from the law and motion calendar, counsel for the moving party shall immediately notify the Judicial Assistant for the department hearing the matter.
Page 24 | Rule 8.1(c)
For new juvenile petitions or detention-hearing add-ons, call the judge’s judicial assistant to obtain a date and time.
For new juvenile petitions/detention hearing add-ons, please call the Judge's judicial assistant for a date and time as per normal protocol.
Page 1 | Clerk Counter Hours and Filing Deadlines