Glenn Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief
- 1 copy
Adjournments
- A continuance requested less than five court days before the hearing will not be granted absent a showing of good cause.
- Continuances for family law by stipulation must be submitted at least two court days before the scheduled trial or hearing for court approval or denial.
Document Format Requirements4 rules
Except where eFiling is mandatory under Rule 2.5, parties must file one original and may file up to two copies to be conformed.
Formatting
- •Parties may file up to two copies to confirm each document
Court's wording
Except in cases where eFiling is mandatory as provided in Rule 2.5, parties are required to file the following copies of documents: 1. One (1) original in a format pursuant to California Rules of Court, rule 2.100 et seq. 2. Up to two (2) copies to confirm each document.
If a party wishes to submit evidence obtained from an electronic device it must be printed out, in the case of text messages or social media texts or copied onto a disc in the case of videotapes for receipt into evidence, after proper authentication.
Secure binding shall be accomplished through clipping or rubber-banding. Exhibit attachments to pleadings shall be separated by a standard size sheet of paper with a title identifying the sequence of the exhibit.
Any instructions on which the parties do not agree will be tabbed.
- Jury instructions
Formatting
- •Instructions on which the parties do not agree must be tabbed
Document Filing Requirements95 rules
An elisor order must identify each document clearly, state the type of deed, and list escrow documents separately.
Court's wording
The order shall clearly identify the documents: A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, et cetera). Escrow documents must be listed separately (i.e. Escrow Instruction Dated, Disclosure Regarding Real Estate Agency Relationship, Hazard Report, et cetera).
When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Court or Designee” as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document.
Beneath the signature line(s) on the sample copy the moving party shall print the language being requested to identify the elisor’s signature.
The order must expressly identify the document(s) being signed and a copy of the document(s) must be attached to the proposed order.
The original document, presented for signature by the elisor must match the copy of the document attached to the proposed order.
The sample copy shall be highlighted in the location(s) where the elisor is to sign his/her name.
The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.
The application must not set forth a specific court employee.
The joint instructions will include all instructions to be offered by any party.
Except for matters for which no personal appearance is required per CRC, Rule 3.1207, the ex parte applicant, or his or her counsel shall file the ex parte request and all supporting documentation to the clerk of the court.
Ex parte applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers.
In qualifying contract and statutory-fee cases, excluding open book accounts, an application must be made for the Court to determine the reasonable fee.
Court's wording
Contract/Statutory Fees: Because the Glenn County Superior Court does not have an attorney’s fee schedule, in contract cases where the contact provides for attorney’s fees to the prevailing party, or in cases where entitlement to fees is established by statute (excluding open book accounts.), application must be made for the Court to fix the amount of the reasonable fee. CCP § 585(a).
Persons requesting that the clerk enter an award of open book fees must submit a declaration identifying the paragraph of the parties’ agreement compliant to the requirements of § 1717.5. If the agreement is not appended to the complaint, it must be appended to the declaration.
Attorney-fee applications in opposed and unopposed matters must include competent evidence sufficient for a lodestar determination, unless the amount is set by law.
Court's wording
All application for attorney’s fees, in both opposed and unopposed matters, except where the amount of fees is set by law, shall be supported by competent evidence sufficient for the Court to make the “lodestar” determination enunciated in Serrano v. Priest (1977) 20 Cal.3d 25.
A sufficient attorney-fee showing must be verified by counsel and conform to Serrano; declarations lacking itemization or sufficient lodestar evidence will be rejected.
Court's wording
A showing sufficient to support an award of attorney’s fees must be verified by counsel and must conform to the requirements enunciated in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49. Declarations which state a claim for fees with no itemization, or which otherwise present insufficient evidence for the court to make the so-called “lodestar” determination will be rejected.
Claims for payment by the County or Court must use the specified general claim form, with its top half completed, dated, signed, and bearing the claimant’s Social Security number and/or federal tax identification number, and must be submitted to the specified recipient.
Court's wording
Any party submitting a claim for payment by the County of Glenn, or the Court, whether for services rendered per court order or related expenses, must submit his/her claim upon the County of Glenn General Claim form or the Superior Court of California General Claim form. The top half of the form must be completed by the claimant, dated and signed, and must include claimant's Social Security number and/or federal tax identification number. The completed form must be submitted to the Court Executive Officer or the Judge upon whose order the services were rendered.
All documents filed after consolidation shall bear the case number of the lead file.
- Document
- Documents filed after consolidation
Must include
- •Case number
A Notice of Case Management Conference [GCSC CV-020] must accompany all civil complaints for service.
The writing must specify when all closing papers will be filed with the Court.
Whenever a civil case has settled, counsel shall immediately notify the Court in writing.
If a hearing, conference or trial is imminent, notice must be given orally to the assigned department followed by a confirmation in writing.
Unlawful detainer plaintiffs shall attach to the complaint as exhibits true and correct copies of the written rental/lease agreement, if any, and all statutory notices served on the defendant(s).
Where the motion is one to compel further responses, the discovery will not be filed, but rather a statement as required by CRC, Rule 3.1345, shall be filed.
All memoranda and other papers filed in support of, and in opposition to, motions shall comply with the requirements of the California Rules of Court.
This Court will not accept for filing any discovery pleadings (i.e., interrogatories, requests for admissions) unless filed in support of motions to compel responses.
The proposed order shall be prepared on the assumption the petition will be granted, including requested fees.
All subsequent documents, which are required to be filed prior to a hearing, e.g., proof of service, proof of publication, proof of subscribing witness, etc., shall bear the hearing date.
Notices requiring the Clerk's posting are to be completed on a Judicial Council form of notice of hearing, together with all necessary copies, and filed concurrently with the petition.
The hearing date shall be stated in the order.
Said notices shall be posted within the courthouse.
Petitions, which include a request for statutory attorney’s fees, must include a calculation of the way the fee is calculated.
Any confidential report filed in a guardianship or conservatorship proceeding shall be filed as a separate document, shall contain the word "CONFIDENTIAL" in the caption, and shall be verified by the party presenting it.
- Document
- Confidential report
- Placement
- Caption
A guardianship petition requires an investigation and report, using the required Order Appointing Investigator form, GCSC PR-0001.
Court's wording
Pursuant to PROB §§ 1513, et seq. and 1543, Superior Court of California, County of Glenn requires an investigation and report when a petition for guardianship is filed. The required form of Order Appointing Investigator [GCSC PR-0001.]
If there are no relatives within the second degree, the petition shall so allege. A copy of the petition shall accompany each notice of hearing.
In such circumstances, the original citation shall be filed showing no service.
A declaration showing reasonable efforts to locate an allegedly missing relative must be filed for county-seat service to be sufficient.
Court's wording
If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.
A petition for termination of conservatorship of a living person will not be granted unless the conservatee personally appears in court or is excused after the filing of a physician's affidavit or declaration setting forth the reasons why the conservatorship is no longer required.
A party seeking emergency ex parte orders must complete and file the specified notice declaration at the outset, using the domestic-violence form for a domestic violence case.
Court's wording
Any party seeking emergency orders ex-parte shall at the onset complete and file a Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (Non-Domestic Violence) (JC FL-303). If for a Domestic Violence Case, the party seeking the emergency order shall complete and file a Declaration RE: Notice of Ex Parte Application for Order (GCSC FL-020).
Any responsive declarations shall be lodged in the court file until the ex parte hearing.
The ex-parte applicant, or his or her counsel shall submit the ex parte application along with all supporting documents to clerk of the court.
When a financial declaration or statement is required, the moving party must file it with papers seeking relief.
Court's wording
In all matters in which the filing of an Income and Expense Declaration [JC FL150] or Financial Statement is required, the moving party shall file the Income and Expense Declaration [JC FL150], or Financial Statement with the papers seeking relief, and the opposing party will file the Income and Expense Declaration with the responsive papers.
Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number AD-050) in writing, to the Court Executive Officer within five (5) days of receipt of the report.
If the Court determines that an uncontested matter is to be set for hearing, the following documents shall be filed:
In the event of a stipulated judgment, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel.
Current Income and Expense Declaration and Property Declaration forms, completed as prescribed by the Judicial Council, infra, unless excused by FC § 2330.5.
At the hearing of the uncontested matter, counsel shall provide to the Judge the original of the proposed judgment, including any marital settlement agreement.
In any family matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel, and minor’s counsel, if minor’s counsel has been appointed.
Either (1) a Request to Enter Default and supporting declaration in the form prescribed by the Judicial Council or (2) an executed written stipulation that the matter may be treated on an uncontested basis; and
Without court permission, a case may not be set for trial until both parties file final-disclosure declarations or waivers.
Court's wording
Absent permission of the Court, no case will be set for trial until both parties have either filed declarations re: final declarations of disclosure pursuant to FC § 2105 or filed waivers of final disclosure pursuant to FC § 2105(d).
If both parties have not completed final disclosure and filed declarations pursuant to FC § 2105 [JC Form FL-141] or waivers of final disclosure pursuant to FC § 2105(d) [JC Form FL-144], the Calendar Clerk shall notice all parties and set a status conference where the Court will set the trial date.
An updated statement of assets and debts, if additional assets or debts have been discovered.
A current income and expense declaration, if either support or attorney’s fees are at-issue.
Trial and reply briefs shall include a full and complete statement of property and income and expenses, and shall set forth the following information in the following order, as it applies to the party filing, except as hereafter provided:
A witness list in which counsel may utilize the non-mandatory JC form FL-321, specifying for each witness, his/her name, address, contact telephone number, and a brief summary of the witness’ expected testimony. Only disclosed witnesses will be permitted to testify at trial, except for rebuttal witnesses or for good cause shown.
Supporting documentation regarding any request for a needs-based award of attorney’s fees, including, but not limited to billing/statements.
A list of Exhibits with legible copies to be exchanged with opposing counsel. Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown.
A statement of the issues (disputed and undisputed), contentions, and proposed disposition of the case.
If tracing interests in a single asset is at issue, the statement must detail relevant transactions, dates, values, dollar amounts, and the basis for computation or proration.
Court's wording
If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, with dates, values, and dollar amounts, the transactions relevant to the tracing issue, as well as the basis for computation or proration. (Effective 7/1/19)
The community-property statement must identify each item and provide its acquisition year, claimed basis, value, encumbrance details, title status, and record title data.
Court's wording
List each item of community property, the year it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, the manner in which title thereto is presently vested, and the record title data. (Effective 7/1/19)
The statement must separately list community liabilities and, so far as known, alleged separate liabilities, identifying the creditor, purpose, balance, payment terms, and any security.
Court's wording
Separately list all debts and obligations of the spouses, which are liabilities of the community and, so far as known, debts, and obligations, which are alleged to be the separate liabilities of the respective spouses. Specify the identity of the creditor, the purpose for which the debt was incurred, the balance currently due thereon, the terms of payment and the security, if any, held by the creditor. (Effective 7/1/19)
To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculations and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, details regarding those loans should be set forth. (Effective 7/1/19)
The separate-property statement must identify each item and provide its acquisition year, claimed basis, value, encumbrance details, title status, and relevant title data.
Court's wording
List each item of separate property, the year it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, and manner in which title thereto is presently vested, and the relevant title data. (Effective 7/1/19)
Current income and expenses must be reported by completing and filing Judicial Council Form FL-150; previously filed declarations do not satisfy this requirement.
Court's wording
Specify and set forth current income and expenses by completing and filing the form adopted for mandatory use, Judicial Council of California, Form FL-150 prescribed by CRC, rule 5.112.1. Previously filed Income and Expense Declarations shall not be considered as compliance with this requirement. (Effective 7/1/19)
Set forth a proposed equal division of community property of the parties, giving due consideration to the liabilities, costs and attorney's fees. In addition, specify each party's contentions as to child custody and visitation, and as to amount and duration of child and spousal support. (Effective 7/1/19)
After a contested trial, the petitioner or Court-directed party must prepare the judgment, seek opposing counsel's signature using the stated legend, and, if it is not approved, submit it to the Trial Judge with an explanatory cover letter and proof a copy was sent to opposing counsel.
Court's wording
After a contested trial, the petitioner, or other party directed by the Court, shall prepare the judgment in accordance with the Court's decision and shall submit it to opposing counsel for signature under the legend, "Approved as Conforming to Court Order.” If not so approved, the preparing party shall submit the proposed judgment to the Trial Judge with a cover letter explaining why it was submitted without such approval and showing that a copy of said correspondence has been sent to opposing counsel. (Effective 7/1/19)
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Filing & Service rules
Electronic Filing Rules
A document presented for filing on the hearing day must be filed in the courtroom as well as at the Processing Counter.
Any document presented for filing on the day of the hearing shall be filed in the courtroom in addition to the Processing Counter.
Page 20 | 2.2 TIME FOR FILING PAPERS — B. FILING OF LATE MOTION PAPERS
Electronic filing is mandatory for juvenile dependency, civil, probate, and family law matters, including Department of Child Support Services matters.
Mandatory Electronic Filing: The Superior Court of California, County of Glenn, requires electronic filing of documents pursuant to California Code of Civil Procedure sec. 1010.6 and California Rules of Court, Rule 2.250 et seq. for the following Case Types/Categories: a. Juvenile Dependency Matters; b. All Civil Matters; c. All Probate Matters; d. All Family Law Matters (including Department of Child Support Services matters).
Page 24 | ELECTRONIC FILING — AUTHORITY
The listed documents and document categories may not be electronically filed.
Notwithstanding any other provision of law or of this rule, the following items may not be electronically filed: a. Any Will, codicil; b. Bond or undertaking; c. Subpoenaed documents; d. 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; e. California state vital records forms; f. Any documents with attachments/exhibits that cannot be accurately transmitted via electronic filing due to size or type; g. Documents typically submitted during the course of a proceeding (e.g. Trial exhibits); h. Lodge Documents; i. Documents for cases under seal; j. Copy Requests;
Page 25 | D. LIMITATIONS ON FILINGS
A Labor Commissioner Appeal must be filed electronically, but will not be processed until the award is deposited with the Court in person or by mail within five court days after submission.
k. Labor Commissioner deposit of cash or check. While the Labor Commissioner Appeal must be filed electronically, it will not be processed until the filing party has deposited the award with the Court. The deposit must be made in person or through the mail and must be completed within five (5) court days of submitting the Appeal for filing with the Court.
Page 26 | D. LIMITATIONS ON FILINGS
Self-represented parties are exempt from mandatory electronic filing but are encouraged to file electronically voluntarily.
Self-Represented parties are exempt from mandatory electronic filing requirements pursuant to California Rule of Court 2.253(b)(2) but are encouraged to participate voluntarily in filing electronically.
Page 24 | ELECTRONIC FILING — AUTHORITY
Filing Timing and Cure Windows
Reviews of Family Reunification, Family Maintenance, and Permanent Plans must be filed at least 10 calendar days before the hearing.
Reviews of Family Reunification, Family Maintenance and Permanent Plans shall be filed at least ten (10) calendar days before the hearing.
Page 12 | 7.1 B. PRESENTATION OF EVIDENCE
Dispositional Reports must be filed at least 48 hours before the hearing.
Dispositional Reports shall be filed at least 48 hours before the hearing.
Page 12 | 7.1 B. PRESENTATION OF EVIDENCE
After a complaint is filed, corrections must be made by amendment or court order, not by altering the filed papers.
Once filed, any corrections must proceed by amendment or court order; a party cannot alter papers to correct mistakes once the complaint is filed with the court.
Page 18 | 2.0 PAPERS — C. COMPLAINT TO BE FILED ON DEMAND
A complaint must be filed on demand and may not be refused, except for the stated rule noncompliance or unpaid-fee grounds; an obvious discrepancy may be identified for correction before filing.
Except for noncompliance with Rule 2.100 et seq of the California Rules of Court, these local rules, or the failure to pay the filing fee without a court order waiving the fee, a complaint must be filed on demand and may not be refused. However, any obvious discrepancy may be pointed out to the filing party, so that the error can be corrected prior to filing.
Page 18 | 2.0 PAPERS — C. COMPLAINT TO BE FILED ON DEMAND
An unsigned complaint will not be filed unless the court orders otherwise.
Unsigned complaints will not be filed without court order.
Page 18 | 2.0 PAPERS — C. COMPLAINT TO BE FILED ON DEMAND
Motions in limine and trial briefs must be filed before the Criminal and Civil Trial Confirmation hearing, usually two weeks before trial unless the Court orders another time.
Motions in limine and trial briefs must be filed prior to the Criminal and Civil Trial Confirmation hearing, usually two weeks prior to the trial date or at such other time as the Court may order.
Page 20 | 2.2 TIME FOR FILING PAPERS — A. MOTIONS IN LIMINE; TRIAL BRIEFS
Family-law trial briefs must be filed five judicial days before the trial or hearing, and a courtesy copy must be provided to the trial judge.
Trial briefs must be filed five (5) judicial days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.
Page 20 | 2.2 TIME FOR FILING PAPERS — A.3 FAMILY LAW
The parties must lodge joint jury instructions five judicial days before trial unless the Court orders another time.
The parties will lodge joint jury instructions five (5) judicial days prior to the trial date or at such other time as the court may order.
Page 20 | 2.2 TIME FOR FILING PAPERS — A.2 CIVIL JURY TRIALS
Except where e-filing is mandatory, a paper submitted to the Clerk before 4:30 p.m. on a nonholiday weekday on its due date is timely filed.
Except for cases where eFiling is mandatory as provided in Rule 2.5, a paper submitted before 4:30 p.m. Monday through Friday (except for legal holidays) to the Clerk on the day the paper is due is deemed timely filed.
Page 21 | C. COMPUTATION OF TIME
An Order to Shorten Time is filed only if the motion has already been filed or is filed simultaneously.
Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.
Page 22 | 2.3 CALENDARED MATTERS — B. EX PARTE APPLICATION/ORDER — 1. SUBMITTING PLEADINGS AND/OR SCHEDULING HEARINGS
Documents may be electronically transmitted to the Court at any time of the day. Acceptance of documents for filing shall be deemed ot occur on the date the document was received by the Court in accordance with CCP sec. 1010.6(b)(3). Nothing in this section shall limit the clerk’s ability to reject deficient filings.
Documents may be electronically transmitted to the Court at any time of the day. Acceptance of documents for filing shall be deemed ot occur on the date the document was received by the Court in accordance with CCP sec. 1010.6(b)(3). Nothing in this section shall limit the clerk’s ability to reject deficient filings.
Page 25 | C. FILING DATES AND TIMES
The award deposit for a Labor Commissioner Appeal must be made in person or by mail within five court days after the appeal is submitted for filing.
k. Labor Commissioner deposit of cash or check. While the Labor Commissioner Appeal must be filed electronically, it will not be processed until the filing party has deposited the award with the Court. The deposit must be made in person or through the mail and must be completed within five (5) court days of submitting the Appeal for filing with the Court.
Page 26 | D. LIMITATIONS ON FILINGS
For criminal telephonic appearances, parties must file a written motion request at least five calendar days before the hearing; authorization is limited to select circumstances and proceedings.
In Criminal matters: a. The Court may authorize telephonic appearances in select circumstances and proceedings pursuant to PC §§ 977, 977.2, and 977.3. Parties must submit a written request at least five (5) calendar days prior to the hearing by filing amotion.
Page 30 | 2.14(C)(2) In Criminal matters
In Juvenile matters: a. The Court may authorize telephonic appearances. Parties must submit a request at least five (5) calendar days prior to the hearing by either: i. Contacting the Juvenile Division by phone; or ii. Filing a written request or motion.
In Juvenile matters: a. The Court may authorize telephonic appearances. Parties must submit a request at least five (5) calendar days prior to the hearing by either: i. Contacting the Juvenile Division by phone; or ii. Filing a written request or motion.
Page 30 | 2.14(C)(3) In Juvenile matters
Parties needing court audio/visual equipment must submit completed form AV to the Clerk’s Office at least 5 court days before use, subject to the stated short-notice exception.
Parties who require the use of the Court’s audio/visual presentation equipment shall complete a Request for Courtroom Audio Visual Presentation Equipment (form AV) and submit the completed form to the Clerk’s Office no later than five (5) court days before the date the equipment is to be utilized.
Page 32 | 2.15 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT
If the hearing is set less than 5 court days in advance, the audio/visual equipment request must be made when the hearing is set or by close of business that day.
In the event the court date is set less than five (5) court days before the hearing, the request must be made at the time the hearing is set or by the close of business on that day.
Page 32 | 2.15 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT
Parties needing non-court equipment must submit completed form AV to the Clerk’s Office at least 5 court days before use.
Parties who require the use of non-court provided equipment must complete a Request for Courtroom Audio Visual Presentation Equipment (form AV) and submit the completed form to the Clerk’s Office no later than five (5) court days before the date the equipment is to be utilized.
Page 32 | 2.15 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT
If the party responsible for serving and filing the dismissal request fails to do so, the Court must dismiss the entire case 45 days after receiving settlement notice unless good cause is shown.
If the plaintiff or other party require to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
Page 34 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES — A. SETTLEMENTS
For a settlement occurring earlier than five calendar days before trial, counsel must immediately give written notice and file a dismissal request within 45 days after settlement.
If a case settles before that time, counsel shall: a. Immediately give written notice to the Court, and; b. File a request for dismissal of the entire case within 45 days after the date of settlement of the case.
Page 34 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES — A. SETTLEMENTS
If a case settles within five calendar days of trial, counsel must have one of the specified settlement documents on file or appear at trial to place the settlement on the record.
If a case settles within five (5) calendar days of the trial date, counsel shall have on file a dismissal, stipulated judgment, or a conditional settlement or make an appearance at the time and place designated for trial to place the settlement on the record.
Page 34 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES — A. SETTLEMENTS
Moving, opposing, and reply papers must be filed and served within the time prescribed by law.
Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.
Page 35 | 3.3 LAW and MOTION — DISCOVERY, Papers to Comply with State Rules
Guardianship matters requesting temporary orders must be submitted for judicial review and set for hearing within 20 days.
All guardianship matters where temporary orders are being requested will be submitted to the judge for review and set for a hearing within twenty (20) days.
Page 36 | 4.0 GENERAL — PROBATE CALENDAR
The Clerk initially sets each matter for hearing when the first petition is filed.
All matters shall be set for hearing initially by the Clerk upon the filing of the first petition.
Page 36 | 4.0 GENERAL — SCHEDULED HEARING DATES
Orders must be submitted to the Probate Division at least three court days before the scheduled hearing.
Orders must be submitted to the Probate Division at least three (3) court days in advance of the scheduled hearing date.
Page 36 | 4.0 GENERAL — PREPARATION OF ORDERS
A proposed formal order for a noticed hearing must be presented to the Clerk at least two judicial days before the hearing or it may not be signed at the hearing.
The proposed formal order for a noticed hearing shall be presented to the Clerk not less than two (2) judicial days prior to the scheduled hearing. Orders not so presented may not be signed at the time of the hearing.
Page 37 | 4.1 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS — A. FORMAL ORDERS
When an investigation is required under PROB § 1540 et seq., the guardianship appointment petition must be calendared at least 45 days after filing to allow the appropriate agency time to investigate.
If investigation is required pursuant to PROB § 1540, et seq., the petition for appointment of guardian shall be calendared a minimum of 45 days after filing in order to give the appropriate agency(ies) time within which to conduct the investigation.
Page 38 | 4.2 GUARDIANSHIPS OF MINORS — C. NON-RELATIVE GUARDIANSHIP OF PERSON
All petitions for appointment shall be set for a hearing no sooner than 30 days after filing.
All petitions for appointment shall be set for a hearing no sooner than 30 days after filing.
Page 38 | 4.2 GUARDIANSHIPS OF MINORS — A. APPOINTMENT OF GUARDIAN OF MINOR
Except when the conservatee is deceased, a termination petition must be set for hearing at least 20 days after filing.
Except in cases where the conservatee is deceased, a petition for termination of a conservatorship shall be set for hearing no sooner than 20 days after filing.
Page 39 | 4.3 CONSERVATORSHIPS — C. TERMINATION OF CONSERVATORSHIP
A petition for appointment of a conservator must be set for hearing at least 45 days after filing.
All petitions for appointment shall be set for hearing no sooner than 45 days after filing.
Page 39 | 4.3 CONSERVATORSHIPS — A. APPOINTMENT OF CONSERVATOR
Written grievances concerning court-ordered evaluations must be presented to the Court within five days after receipt of the report and will be addressed at the scheduled custody hearing.
Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing.
Page 46 | B. COURT-ORDERED EVALUATIONS
The evaluator must return the report to the Court at least 10 days before the hearing, by the date established by the Court.
The Court shall establish a specific date the evaluator shall return the report to the Court, which shall be not less than ten (10) days prior to hearing.
Page 47 | 5.2
The investigator must return the Child Custody Investigation report to the Court at least 10 days before the hearing, by the date established by the Court.
The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing.
Page 48 | 5.3.D. INVESTIGATION REPORT/CONFIDENTIALITY
Grievances concerning court-ordered investigations must be submitted within five days of receipt of the report.
Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number AD-050) in writing, to the Court Executive Officer within five (5) days of receipt of the report.
Page 49 | G. GRIEVANCES
An At Issue Memorandum must be filed and served before a contested case is set for trial, unless the court sets the date in open court with all parties present.
An At issue Memorandum [GCSC FL-050] shall be filed and served before any contested case will be set for trial, unless the court sets the trial date in open court with all parties present.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
A motion to continue must be filed and timely served before the trial date.
Any motion to continue must be filed and timely served prior to the trial date.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
In contested trials or hearings, both parties must file the specified materials at least five court days before the trial or long-cause date.
Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:
Page 52 | 5.8 CONTESTED TRIALS — C. STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE CASE
In each case, the People and the defense must lodge proposed jury instructions with the clerk no later than two days before the jury is sworn.
The People and the defense shall, in each case, lodge copies of proposed jury instructions with the clerk no later than two (2) days before the swearing of the jury.
Page 57 | 6.3 JURY INSTRUCTIONS
The required competency declaration must be submitted within 10 days of the attorney’s first appointment.
A. Any attorney appointed by the court in a dependency matter must complete and submit to the court a Declaration of Certification of Attorney Competency on Local Form JV-020 within 10 days of his or her first appointment.
Page 58 | 7.0 JUVENILE LAW DEPARTMENT CALENDAR — B. SCREENING AND CERTIFICATION
Witness lists must be filed with the court and provided to all counsel at least 48 hours before the hearing.
Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — B. PRESENTATION OF EVIDENCE
Responsive papers must be filed at least two court days before the hearing.
Any responsive papers shall be filed and served two (2) court days prior to the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — A. PRE-HEARING DISCOVERY
A discovery motion must be filed at least five court days before the hearing.
A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — A. PRE-HEARING DISCOVERY
CASA reports must be submitted to the court at least five court days before the hearing.
CASA reports shall be submitted to the court at least five (5) court days prior to the hearing.
Page 65 | Distribution of CASA reports.
Addenda, Status Reports, and all other reports must be filed a reasonable number of days before the hearing.
Addenda, Status Reports, and all other reports shall be filed a reasonable number of d ays before the hearing.
Page 12 | 7.1 B. PRESENTATION OF EVIDENCE
Jurisdictional Reports must be filed a reasonable time before the hearing.
Jurisdictional Reports shall be filed a reasonable time before the hearing.
Page 12 | 7.1 B. PRESENTATION OF EVIDENCE
Provide a self-addressed, stamped return envelope for endorsed-filed copies; documents sent without one are held for 30 days and then discarded.
A self-addressed, stamped envelope must be provided for the return of endorsed-filed copies. Documents forwarded without a return envelope will be placed in a holding bin for a period of thirty- (30) days, after which time they will be discarded.
Page 18 | 2.0 PAPERS — B. RETURN ENVELOPE
Without good cause, the Court may refuse to consider late-filed trial briefs and motions in limine.
Accordingly, absent good cause shown, the court may refuse to consider late filed trial briefs and motions in limine.
Page 20 | 2.2 TIME FOR FILING PAPERS — A.4 LATE FILED PAPERS
Papers submitted by attorneys or parties who have not been properly substituted as attorney of record are marked “Received” rather than “Filed.”
Papers presented for filing by attorneys/parties who have not been properly substituted in as attorney of record, whether the party was previously in pro per or represented by counsel, will be accepted and marked "Received" rather than "Filed."
Page 26 | 2.6 SUBSTITUTION OF ATTORNEYS
Original depositions may not be lodged with the Court before the first day of trial.
Original depositions will not be accepted for lodging with the Court until the first day of trial or thereafter.
Page 35 | 3.3 LAW and MOTION — DISCOVERY
The Court will not consider late-filed papers unless the filer shows good cause.
The Court will not consider late filed papers unless good cause is shown.
Page 35 | 3.3 LAW and MOTION — DISCOVERY, Papers to Comply with State Rules
Orders submitted after the three-court-day advance deadline will be reviewed and processed after the hearing and generally be available the next morning.
Orders submitted later will be reviewed and processed after the hearing and will generally be available the morning after the hearing.
Page 36 | 4.0 GENERAL — PREPARATION OF ORDERS
Other probate matters will be calendared for hearing at least 60 calendar days after filing.
All other probate matters will be calendared for hearing a minimum of sixty 60 calendar days after filing.
Page 36 | 4.0 GENERAL — PROBATE CALENDAR
After an At Issue Memorandum is filed, the Calendar Clerk schedules a status conference and trial date if both parties have completed final disclosure.
The filing of an At Issue Memorandum will result in the Calendar Clerk scheduling a status conference and a trial date, provided that both parties have completed final disclosure.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
Addenda, Status Reports, and other reports must be filed a reasonable number of days before the hearing.
Addenda, Status Reports, and all other reports shall be filed a reasonable number of days before the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — B. PRESENTATION OF EVIDENCE
LPS and conservatorship matters are heard on the first and third Fridays of each month at the Willows Courthouse.
LPS and Conservatorships are heard the 1st and 3rd Fridays of each month at the Willows Courthouse.
Page 36 | 4.0 GENERAL — PROBATE CALENDAR
The Probate and Guardianship Calendar is heard at 11:00 a.m. on the first three Mondays of each month at the Willows Courthouse.
The Probate and Guardianship Calendar is heard the first, second and third Monday of the month at 11:00 a.m., at the Willows Courthouse.
Page 36 | 4.0 GENERAL — PROBATE CALENDAR
Service and Proof of Service Rules
For an orally agreed Law and Motion continuance, the requesting party must file written notification with proof of service on opposing party or counsel before the hearing date and time.
By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 2. LAW AND MOTION MATTERS
For a juvenile dependency hearing set with less than 10 days’ advance notice, parties must file and serve notice of their intent to appear remotely by 2:00 p.m. on the preceding court day.
except for hearings set to take place with less than ten (10) days’ advance notice, wherein parties must file and serve notice of their intent to appear remotely no later than 2:00 p.m. on the court day before the proceeding.
Page 31
Parties must file and serve form RA-010 at least 5 court days before all other hearings.
or five (5) court days before all other hearings.
Page 31
Parties must file and serve form RA-010 at least 10 court days before an evidentiary hearing or small claims trial.
Parties must file and serve a Notice of Remote Appearance (form RA-010) at least ten (10) court days before the hearing for an evidentiary hearing or small claims trial
Page 31
Parties must file and serve form RA-025 at least 10 court days before a juvenile dependency hearing, subject to the stated short-notice exception.
Parties must file and serve a Request to Appear Remotely-Juvenile Dependency (form RA-025) at least ten (10) court days before the hearing
Page 31
In criminal matters, parties must file and serve a motion at least 5 court days before the hearing to request authorization for a video appearance.
Parties must file and serve a motion at least five (5) court days before the hearing.
Page 31
Parties in juvenile justice matters must file and serve form RA-010 at least 10 court days before the hearing, subject to the stated short-notice exception.
Parties must file and serve a Notice of Remote Appearance (form RA-010) at least ten (10) court days before the hearing
Page 31
The parties must serve and file a written statement of the facts, law, and their respective contentions five court days before the settlement conference.
Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.
Page 34 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES — B. SETTLEMENT CONFERENCES
Moving, opposing, and reply papers must be served within the time prescribed by law.
Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.
Page 35 | 3.3 LAW and MOTION — DISCOVERY, Papers to Comply with State Rules
A claim opposing forfeiture must contain proof that the claim was served on the District Attorney.
No claim opposing forfeiture will be filed unless it contains proof of service on the claim on the District Attorney.
Page 35 | 3.3 LAW and MOTION — CLAIM OPPOSING FORFEITURE
The petitioner’s attorney, or the petitioner if self-represented, is responsible for mailing all required notices.
The attorney for petitioner (or petitioner if in propria persona) shall be responsible for the mailing of all required notices.
Page 38 | 4.2 GUARDIANSHIPS OF MINORS — A. APPOINTMENT OF GUARDIAN OF MINOR
The petitioner's attorney, or the petitioner if self-represented, is responsible for mailing all required notices.
The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices.
Page 39 | 4.3 CONSERVATORSHIPS — A. APPOINTMENT OF CONSERVATOR
Service on a second-degree relative at the county seat is sufficient only if a declaration shows reasonable efforts to locate the relative.
If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.
Page 39 | 4.3 CONSERVATORSHIPS — A. APPOINTMENT OF CONSERVATOR
Incomplete service of a citation on the return date cannot be perfected by continuance and later service; an amended citation must be issued instead.
If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service, except by issuance of an amended citation.
Page 39 | 4.3 CONSERVATORSHIPS — B. PLACING PETITION ON CALENDAR
If the court denies a request to waive notice, notice must be given as provided by CRC rule 5.165.
If the Court denies the request to waive notice, then notice must be given as outlined in CRC, rule 5.165.
Page 40 | 5.0 HEARING AND TRIALS IN GENERAL — B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
A subpoena for the Counselor’s testimony in Court requires compliance with the cited statute and ten court days’ notice to the Counselor and the Court, unless good cause supports shorter notice.
However, the Counselor may be subpoenaed to testify in Court subject to compliance with Gov. Code §68097.1, et seq. and upon ten (10) court days’ notice to the Counselor and the Court unless good cause is shown to shorten notice.
Page 44 | L. NO TESTIMONY
Before providing case documents or unsolicited comments to the evaluator, counsel must first provide copies to the other side and minor’s counsel at least 72 hours in advance, with an additional five days for mailing.
An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first providing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed.
Page 46 | B. COURT-ORDERED EVALUATIONS
The evaluator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.
The Evaluator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.
Page 47 | E. TESTIMONY OF EVALUATOR
The evaluator’s report must be distributed to the Court and parties or counsel, but not to minor children absent good cause and a court order.
The report shall be distributed to the Court and the parties or their counsel of record, and shall not be distributed to minor children, except upon a showing of good cause and order of the court.
Page 47 | 5.2
Partial investigation reports must be provided to the parties at the time designated by the Court.
Partial investigation reports shall be provided to the parties at the time designated by the Court.
Page 48 | 5.3.D. INVESTIGATION REPORT/CONFIDENTIALITY
The investigator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.
The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.
Page 48 | F. TESTIMONY OF INVESTIGATOR
The investigation report must be distributed to the Court and parties or counsel, but not to minor children absent good cause.
The report shall be distributed to the Court and the parties or their counsel of record, and sh ll not be distributed to minor children, except upon a showing of good cause.
Page 48 | 5.3.D. INVESTIGATION REPORT/CONFIDENTIALITY
After the parties reach a custody and visitation agreement in mediation, they must receive a copy signed by all parties and the Counselor before leaving mediation.
Upon reaching an agreement regarding child custody and visitation in mediation, a copy of the Mediated Agreement, signed by all parties and the Counselor, shall be provided to the parties before leaving mediation.
Page 48 | 5.3.D. INVESTIGATION REPORT/CONFIDENTIALITY
A motion to continue must be timely served before the trial date.
Any motion to continue must be filed and timely served prior to the trial date.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
An At Issue Memorandum must be served before a contested case is set for trial, unless the court sets the trial date in open court with all parties present.
An At issue Memorandum [GCSC FL-050] shall be filed and served before any contested case will be set for trial, unless the court sets the trial date in open court with all parties present.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
In contested trials or hearings, both parties must serve the specified materials at least five court days before the trial or long-cause date.
Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:
Page 52 | 5.8 CONTESTED TRIALS — C. STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE CASE
If the petition is filed in a dissolution proceeding, a grandparent must serve summons on joinder.
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Page 55 | 5.11 GRANDPARENT VISITATION
If a stepparent visitation petition is filed in a dissolution proceeding, summons on joinder must be served.
Pursuant to CRC, rule 5.24 a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Page 55 | 5.10 STEPPARENT VISITATION
A discovery motion must be served on all parties at least five court days before the hearing.
A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — A. PRE-HEARING DISCOVERY
Responsive papers must be served at least two court days before the hearing.
Any responsive papers shall be filed and served two (2) court days prior to the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — A. PRE-HEARING DISCOVERY
Witness lists must be provided to all counsel at least 48 hours before the hearing.
Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — B. PRESENTATION OF EVIDENCE
Expert names and report copies must be provided to all counsel at least ten calendar days before the hearing.
The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — B. PRESENTATION OF EVIDENCE
The moving party must provide the Special Advocate timely notice of any motions.
The moving party shall provide the Special Advocate timely notice of any motions
Page 64 | 7.2(C)(2) Rights of special advocates
CASA must serve the report on the parties to the case, including those listed, at least two court days before the hearing.
CASA shall serve a copy of the report on the parties to the case, including but not limited to county counsel, attending case social worker, child’s attorney, parents’ attorney, child (via foster family agency), ICWA representative (if applicable) and de facto parents. CASA shall serve a copy of the report on the parties entitled to receive a copy at least two (2) court days prior to the hearing.
Page 65 | Distribution of CASA reports.
If the Judge requests it, the Court sets the ex parte hearing date and time; parties must provide their papers to the Court and affected counsel with adequate review time, and should serve moving papers before the hearing by personal delivery, fax, express mail, or similar means whenever practicable.
If requested by the Judge, ex parte hearings dates and times will be set by the Court and will be heard only after each party with papers to present has given them to the Court and other affected party’s counsel, and after both Court and counsel have had adequate time to review them. Therefore, whenever practicable, moving papers should be served on the affected party or that party’s attorney by personal delivery, fax, express mail, or similar means before the hearing.
Page 22 | 2.3 CALENDARED MATTERS — B. EX PARTE APPLICATION/ORDER — 1. SUBMITTING PLEADINGS AND/OR SCHEDULING HEARINGS
In response to a request for remote video appearance, a party may file and serve form RA-030 at least 5 court days before the proceeding, subject to the stated short-notice exception.
In response to a request for remote appearance by video, a party may file and serve a Request to Compel Physical Presence-Juvenile Dependency (form RA-030) at least five (5) court days before the proceeding
Page 31
A party may file and serve form RA-015 at least 5 court days before an evidentiary hearing or small claims trial after notice of a remote video appearance.
In response to a notice of a remote appearance by video for an evidentiary hearing or small claims trial, a party may file and serve an Opposition to remote Proceedings at Evidentiary Hearing or Trial (form RA-015) at least five (5) court days before the proceeding.
Page 31
For a juvenile dependency hearing set with less than 10 days’ advance notice, a party must file and serve notice of objection by 2:00 p.m. on the preceding court day.
except for hearings set to take place with less than ten (10) days’ advance notice, wherein parties must file and serve notice of their objection no later than 2:00 p.m. on the court day before the proceeding.
Page 31
In juvenile justice matters, a party may file and serve form RA-015 at least 5 court days before the proceeding, subject to the stated short-notice exception.
In response to a request for remote appearance by video, a party may file and serve a Opposition to Remote Proceedings at Evidentiary Hearing or Trial (form RA-015) at least five (5) court days before the proceeding
Page 32
Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.
Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.
Page 46 | B. COURT-ORDERED EVALUATIONS
Notice may be provided by filing and serving a declaration on all parties.
Notice may be given by the filing and service on all parties of a declaration.
Page 60 | H. PROCEDURES FOR INFORMING THE COURT OF THE INTEREST OF A DEPENDENT CHILD
Filing Fees and Waivers
A document may not be filed, received, or forwarded to the Judge for review unless accompanied by the full, correct filing fee or an approved fee-waiver application.
Documents shall not be filed, received, or forwarded to the Judge for review unless the full, correct filing fee, or an approved application for waiver of fees, accompanies such document.
Page 18 | 2.1 PAYMENT OF FILING FEES — A. FILING FEE
A payor whose check is returned without payment must pay a $25 insufficient-check charge, in addition to reimbursement, by cash or cashier's check.
Pursuant to CCP § 411.20 regarding a check which is returned without payment, the payor shall pay, in addition to reimbursement for the returned check, $25 insufficient check charge to Superior Court of California, County of Glenn in cash or cashier's check.
Page 19 | D. RETURNED CHECKS
Papers covered by a returned check will be stricken if reimbursement and the insufficient-check charge are not paid within the applicable time limit.
If both the reimbursement and the insufficient check charges are not paid within said time limit, any papers covered by the returned check will be stricken from the Court's record.
Page 19 | D. RETURNED CHECKS
A $20 filing fee must accompany a stipulation and order when presented or the documents will not be processed.
The fee for filing a stipulation and order, regardless of the title of said document, is $20. Unless such fee accompanies the document(s) when presented, the documents will not be processed.
Page 19 | C. STIPULATION AND ORDER
Requests to continue settlement conferences, case management conferences, or trials must include supporting declarations and the proper filing fee, whether contested or uncontested.
Requests for continuances of settlement conferences, case management conferences, or trials, whether contested or uncontested, are to be requested with supporting declarations and proper filing fee.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 1. TRIALS, SETTLEMENT CONFERENCES, CASE MANAGEMENT CONFERENCES
If the $20 continuance fee is unpaid before the continued event, the event is dropped from the calendar and may be reset only after all moving papers are re-filed.
If the $20 fee is not paid prior to the date of the continued event, the event will be dropped from the calendar, to be reset only upon the re-filing of all moving papers.
Page 22 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 3. FEE FOR CONTINUANCE OF CALENDARED EVENT-CIVIL/FAMILY LAW
The fee for continuance of any calendared event, which is continued at the request of a party, is $20 (GC70617(c)(1). This fee is payable at the time the request is made, whether orally or in writing.
The fee for continuance of any calendared event, which is continued at the request of a party, is $20 (GC70617(c)(1). This fee is payable at the time the request is made, whether orally or in writing.
Page 22 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 3. FEE FOR CONTINUANCE OF CALENDARED EVENT-CIVIL/FAMILY LAW
A party-requested trial continuance costs $60.
The fee for continuance of any trial, which is continued at the request of a party, is $60.
Page 22 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 3. FEE FOR CONTINUANCE OF CALENDARED EVENT-CIVIL/FAMILY LAW
Waived filing fees are recoverable when a guardian or conservator is appointed and, if reimbursable, are due before letters issue.
Filing fees waived pursuant to CRC Rule 3.50 et seq and GC § 68633 are recoverable at the time of appointment of the guardian or conservator. If the guardian or conservator can reimburse the Court for waived fees, said fees shall be due and payable prior to the issuance of letters.
Page 37 | F. RECOVERY OF WAIVED FEES
A $275 subpoena fee is required.
A subpoena fee of $275.00 is required.
Page 44 | L. NO TESTIMONY
A stipulation seeking modification of an existing order must be presented to the court with the appropriate filing fees.
The stipulation shall then be presented to the court along with appropriate filing fees.
Page 50 | 5.6 STIPULATION MODIFYING EXISTING ORDER
A continuance fee must be paid to the Court Clerk’s office when the continuance is filed.
A continuance fee shall be paid to the Court Clerk’s office at the time of filing.
Page 55 | 5.9 CONTINUANCES
Within three years after an in forma pauperis grant, the Court may consider changed financial circumstances and order repayment of all or part of waived fees and costs.
At any time within three years after the Court has granted a litigant permission to proceed in forma pauperis, the Clerk or Court Collection Division may notify the Court of any change in financial condition, which may enable the litigant to pay all, or a portion of the fees and costs, which had been waived. The Court may authorize the Clerk or the Court Collection Division to require the litigant to appear before and be examined by the Court. The Court may then order the litigant to pay to the Court such sum and in such a manner as the Court deems appropriate given the litigant's ability to pay.
Page 19 | B. FEE WAIVERS — 2. RECOVERY OF WAIVED FEES
Courtesy Copy Requirements
A courtesy copy of family-law trial briefs must be provided for the trial judge.
Trial briefs must be filed five (5) judicial days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.
Page 20 | 2.2 TIME FOR FILING PAPERS — A.3 FAMILY LAW
Sealing & Redaction Procedures
Reports and recommendations in custody or visitation proceedings are confidential, available only to specified persons or others granted access by written order with prior notice, may not be copied or disclosed to the child who is the subject, and must be placed in the confidential portion of the Court file after the hearing or settlement.
In any proceeding involving custody or visitation of minor children, any written report or recommendation from the Counselor, an investigator, or any person appointed by the Court to render a report shall be confidential and unavailable to any persons except the Court and court staff, the parties or attorney(s) of record for parties, and any persons to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of i nor disclose its contents to any child who is the subject of the report. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confidential portion of the Court file.
Page 44 | M. CONFIDENTIALITY OF REPORT
Filing Bundling Requirements
The parties are required to lodge joint jury instructions.
The parties will lodge joint jury instructions five (5) judicial days prior to the trial date or at such other time as the court may order.
Page 20 | 2.2 TIME FOR FILING PAPERS — A.2 CIVIL JURY TRIALS
Pre-Motion Conference Requirements
Counsel must meet and confer in good faith to resolve or narrow disputed issues before a discovery-motion hearing.
Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the disputed issues.
Page 57 | 6.1
Before seeking court enforcement of required disclosures, a party must make an informal request to opposing counsel; failure to do so may warrant denial of a discovery motion.
Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion.
Page 57 | 6.1
Parties must meet and confer in good faith and exhaust informal means before filing a pre-hearing discovery motion.
All parties shall meet and confer in good faith on any and all discovery issues prior to filing a pre-hearing discovery motion. Only after all informal means have been eliminated may a party petition the court for discovery by way of motion pursuant to CRC 5.546(f).
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — A. PRE-HEARING DISCOVERY
The Court recommends that counsel meet and confer about disputed issues before filing motions.
The Court urges counsel to meet and confer on disputed issues before motions are filed.
Page 33 | D. HEARINGS
Boilerplate discovery motions are disfavored.
“Boilerplate” discovery motions are disfavored.
Page 57 | 6.1
Adjournment & Extension Requirements
A Law and Motion continuance may be requested by a filed written stipulation or by oral agreement if the requesting party files written notice with proof of service before the hearing date and time.
Requests for continuances of Law and Motion matters shall be made as follows: a. By written stipulation of the parties or counsel filed with the Court; or b. By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 2. LAW AND MOTION MATTERS
A continuance requested less than five court days before the hearing will not be granted absent a showing of good cause.
No continuance will be granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 2. LAW AND MOTION MATTERS
The court will not continue a trial without a noticed motion showing good cause or a stipulation by all counsel approved by the court.
The Court will not continue the trial absent noticed motion and a showing of good cause, or stipulation by all counsel approved by the court.
Page 51 | 5.8 CONTESTED TRIALS — B. AT-ISSUE MEMORANDUM
Continuances for family law by stipulation must be submitted at least two court days before the scheduled trial or hearing for court approval or denial.
Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (GCSC FL-030) submitted to the Court for its Order approving or denying the continuance.
Page 55 | 5.9 CONTINUANCES
A continuance requires Court approval for good cause, even if the parties stipulate, and must comply with PC § 1050 unless the Court excuses compliance.
No matters will be continued, even by stipulation of the parties, except with the approval of the Court for good cause shown. Compliance with PC § 1050 is required unless excused by the Court.
Page 57 | 6.2 CONTINUANCES
Continuance requests must be written unless the court waives the requirement for good cause.
Requests for continuances shall be in writing unless waived by the court for good cause.
Page 61 | 6. TIMELINES
Time waivers will be accepted, and a continuance will be granted only upon a showing of good cause.
Time waivers will be accepted, and continuance granted only on a showing of good cause.
Page 61 | 6. TIMELINES
A Law and Motion matter may not be continued more than twice without first obtaining leave of court.
No law and motion matter will be continued more than twice without leave of court first obtained.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 2. LAW AND MOTION MATTERS
A motion for continuance is heard by the Department or Judge assigned to the case.
Motions for continuance shall be heard by the Department or Judge assigned to the case.
Page 21 | 2.3 CALENDARED MATTERS — A. CONTINUANCES — 1. TRIALS, SETTLEMENT CONFERENCES, CASE MANAGEMENT CONFERENCES
The evaluator-report deadline may be extended by court order or by written party agreement approved by the Court.
The date may be extended by order of the Court or by written agreement of the parties with Court approval.
Page 47 | 5.2
If a Social Study Report is not timely filed or made available to counsel, an affected party or the court may request a continuance as permitted by law.
If the Social Study Report is not timely filed or made available to all counsel, then any affected party or the court may request a continuance of the hearing to the extent permitted by law.
Page 62 | 7.1 CONTESTED MATTERS: TIMELINE AND PROCEDURES — B. PRESENTATION OF EVIDENCE
Chambers Communication Rules
A party using non-court equipment must confirm with the Clerk’s Office at least 5 court days before use that the equipment works and is compatible with any court equipment.
The party shall confirm with the Clerk’s Office that the equipment is working properly and is compatible with any court equipment that might also be used a minimum of five (5) court days before it is scheduled to be used.
Page 32 | 2.15 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT