Humboldt Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Jury Questionnaire
Communication
Chambers
Page & Word Limits3 rules
If submitted, a trial memorandum may not exceed seven pages, and its memorandum of points and authorities on unusual legal questions may not exceed fifteen pages.
Each party may submit a trial memorandum, not to exceed seven (7) pages, setting forth a statement of the nature of the case, the general contentions of the party submitting the statement and a memorandum of points and authorities (not to exceed fifteen (15) pages) upon any unusual questions of law anticipated to be presented.
7 pages
Memorandum Of Points And Authorities
15 pages
A single declaration submitted to the Child Custody Recommending Counselor may not exceed 10 pages.
No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent.
Declaration
10 pages
The lodging party may file a separate Notice of Lodging, but the notice may not exceed one page.
The lodging party may also file a separate “Notice of Lodging” not to exceed one page.
Notice Of Lodging
1 pages
Document Format Requirements13 rules
Cash exhibits must be specifically identified by total amount and the number of each denomination, whether individual or packaged.
All cash is specifically identified, whether individually or packaged, as to the total amount and number of each denomination.
Firearms must be secured with a nylon tie or trigger guard and examined by the bailiff to confirm that they are inoperable.
All firearms are secured by a nylon tie or trigger guard, and have been examined by the bailiff to determine that they have been rendered inoperable;
Containers of controlled substances must be securely sealed and protected against breakage to prevent spills and odors.
All containers of controlled substances are securely sealed and protected against breakage to safeguard Court personnel, so that the contents cannot be spilled and odors cannot be emitted;
Sharp objects must be placed in securely sealed containers protected against breakage.
All sharp objects, such as hypodermic needles, knives, and glass, are placed in containers that are securely sealed and protected against breakage, which will safeguard personnel;
Objects containing bodily fluids or dangerous, controlled, or toxic substances must be placed in securely sealed, break-resistant containers.
All objects containing bodily fluids or dangerous, controlled or toxic substances (e.g., bloody shirt, gasoline soaked rag, etc.) are placed in containers that are securely sealed and protected against breakage so that odors cannot be emitted and Court personnel are safeguarded;
Controlled-substance containers must be clearly marked, identified, weighed, and sealed.
All containers of controlled substances are clearly marked, identified, weighed, and sealed;
All containers of liquid substances, including bodily fluids, must be securely sealed and protected against breakage.
All containers of liquid substances, including bodily fluids, are securely sealed and protected against breakage to safeguard Court personnel, so personnel are not exposed to the contents and odors;
Containers holding liquid substances must be clearly marked and identified by type and amount.
All containers with liquid substances are clearly marked and identified as to type and amount;
Lodged exhibits must be submitted in hardcopy or printed form and may not be lodged by email or fax.
The lodged exhibits must be in hardcopy or printed form. Exhibits may not be lodged by email or fax.
Paper
When an official-reporter citation is unavailable, counsel must submit a complete hard copy of the legal authority to the court and all other counsel.
If no citation to an official reporter is available, counsel must submit a complete hard copy of the legal authority (such as local ordinances or laws) to the court and to all other counsel.
Paper
A typewritten copy of a handwritten will or codicil must accompany the petition for probate.
A typewritten copy of the will or codicil shall accompany the petition for probate if the document is handwritten.
Unless the court orders otherwise, unidentified or improperly identified liquids, containers, controlled substances, and other suspect substances must be returned to the offering party.
Unless otherwise ordered, unidentified or improperly identified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them.
The Notice of Hearing must be written and comply with the specified Rules of Court formatting requirements.
Be in writing and comply with Rules of Court 2.100 et seq. on format of papers;
Document Filing Requirements76 rules
A party requesting approval for a remote appearance at an evidentiary hearing must submit Judicial Council form RA-010 to the court.
Parties requesting approval to appear at an evidentiary hearing via remote appearance must submit Judicial Council form RA-010 to the Court per Local Rule of Court 1.13.
Document Type
Request For Telephonic Appearance
At least five court days before a proceeding for which a reporter is normally unavailable or not provided, the requesting party must file the court’s prescribed form and pay the applicable fee, or do so as early as possible when fewer than five days’ notice is given.
(d) It is the responsibility of the party desiring court reporting services, at least five (5) court days prior to the date initially scheduled for the proceeding, to file a written statement requesting a court reporter and to pay the fee for proceedings at which a court reporter is normally unavailable or normally not provided (see Local Rule 1.7.1). For hearings concerning solely family support and solely domestic violence restraining orders, the written statement requesting a court reporter is required as stated herein but the fee is not required. If the proceeding is initially scheduled to take place on fewer than five days’ notice, the party desiring court reporting services must make the request and pay the fee, if applicable, at the earliest possible time following notice. The Court provides a form that must be used as the written statement, which is contained in Appendix 1.7 to these rules and available at the Court’s filing window.
Document Type
Court Reporter Request
For the first day of a non-criminal proceeding lasting more than one hour, at least one party must request a reporter and pay a pro rata half-day fee at least five court days before the proceeding.
(c) To ensure the presence of a court reporter for the first day of a proceeding lasting more than one hour, one or more of the parties must, at least five court days prior to the date initially scheduled for the proceeding, file a written statement requesting a court reporter’s presence for more than an hour and pay their pro rata share of the one-half day fee.
Document Type
Court Reporter Request
The written request for a reporter must use the court’s Appendix 1.7 form available at the filing window.
The Court provides a form that must be used as the written statement, which is contained in Appendix 1.7 to these rules and available at the Court’s filing window.
Document Type
Court Reporter Request
A party requesting approval for a remote appearance at an evidentiary hearing must file Judicial Council Form RA-010 and specify the duration and audio or video format of the requested appearance.
Parties requesting approval to appear remotely at evidentiary hearings must comply with California Rules of Court 3.672. Notice to the court must be given by filing the mandatory Judicial Council form “Notice of Remote Appearance” (JC Form #RA-010) and must specify whether the party intends to appear remotely throughout the case or for a specific hearing and whether the party intends to appear by videoconference or audio only (including telephone).
Document Type
Notice Of Remote Appearance
A party objecting to a remote appearance at an evidentiary hearing or trial must file and serve Judicial Council Form RA-015.
A party that objects to the remote appearances for evidentiary hearings must file and serve the mandatory Judicial Council form “Opposition to Remote Proceeding for Evidentiary Hearing or Trial” (JC Form #RA-015).
Document Type
Opposition To Remote Proceeding
When the court permits an exhibit to be brought into the courtroom without substitution, the party must provide a corresponding photographic record when submitting the exhibit.
If the Court grants permission for an exhibit to be brought into the courtroom, without substitution, the party shall also provide at the time of submission of the exhibit a corresponding photographic record of the exhibit for purposes of Rule 1.14(f).
Document Type
Exhibit
A party seeking permission to bring an exhibit into the courtroom without substitution must submit a written application describing the materials and explaining why substitution should not be made.
If a party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and describe the materials to be brought into the courtroom and the reason a substitution should not be made.
Document Type
Exhibit
Every exhibit must have a properly completed exhibit tag securely attached; improperly tagged, marked, weighed, or identified exhibits will not be accepted.
All exhibits must be individually tagged with the proper exhibit tag, properly completed, and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or identified will not be accepted by the Court.
Document Type
Exhibit
A party appearing remotely at an evidentiary hearing or trial where exhibits will be offered must lodge those exhibits with Court Operations at least five court days before the hearing.
Where a remote appearance has been approved for an evidentiary hearing or trial at which testimony will be presented or exhibits offered into evidence, exhibits must be lodged with Court Operations at least five (5) court days in advance of the hearing by the party appearing remotely.
Document Type
Exhibits
The party lodging exhibits must include a coversheet containing the specified phrase, case caption and number, hearing date, and courtroom.
The party lodging the exhibits must prepare and include a coversheet containing the phrase, “EXHIBITS TO BE LODGED” along with the case caption and number, hearing date, and courtroom for the hearing.
Document Type
Exhibit Coversheet
A copy of the order approving the remote appearance must accompany the lodged exhibits.
A copy of the order allowing remote appearance must be included.
Document Type
Lodged Exhibits
Each party must prepare and file a Settlement Conference Statement with the Court at least five court days before the conference.
Each party shall prepare a Settlement Conference Statement, which shall be filed with the Court no less than five (5) court days prior to the conference.
Document Type
Settlement Conference Statement
Attorneys must file and serve their respective Pretrial Conference Statements no later than seven court days before trial.
No later than seven (7) court days prior to trial, the attorneys shall file and serve their respective Pretrial Conference Statements.
Document Type
Pretrial Conference Statement
Counsel must provide official-reporter citations for any state or federal case law, statute, or regulation submitted for the Court’s review.
Citations to an official reporter must be provided for any legal authority which counsel wishes the Court to review. This includes any state or federal case law, statute, or regulation.
Document Type
Legal Authority
An emergency application must state facts demonstrating both its emergency nature and the inability to comply with the other applicable time requirements.
In the application, a party must state facts that demonstrate that the application is an emergency application and that the party can not comply with the other time requirements of Local Rule 2.9 and the California Rules of Court 3.1200 through 3.1207.
Document Type
Emergency Stay Application
An Amended Notice of Hearing may not be used to change a previously set hearing date.
An “Amended Notice of Hearing” may not be used to change a previously set hearing date.
Document Type
Amended Notice Of Hearing
In any civil matter seeking a default judgment, all non-defaulting parties, including all Does, must be dismissed before or when the default judgment is requested.
To obtain a default judgment in any civil matter, all non-defaulting parties, including all Does, must be dismissed prior to or contemporaneously with requesting the default judgment.
Document Type
Default Judgment
A Notice of Hearing must state the proceeding and relief, list the hearing date and time, be signed and dated by counsel or a pro per defendant, include supporting briefing and documentation, and be served with a filed proof of service.
The Notice of Hearing must: (1) Be in writing and comply with Rules of Court 2.100 et seq. on format of papers; (2) State the nature of the proceeding and the relief sought in brief and concise terms; (3) List the date and time of the hearing; (4) Be signed and dated by counsel of record or the defendant if in pro per; (5) Have a memorandum of points and authorities and any supporting declarations or documents attached, including any substantiating documentation for the Court’s consideration; and 29 ===== PAGE 30 ===== Superior Court of California, County of Humboldt (6) Be served on all parties, with a filed proof of service reflecting same.
Document Type
Notice Of Hearing
A criminal-action party seeking calendar placement must file and serve a Notice of Hearing on all parties.
A party in a criminal action who wants a matter placed on calendar must file and serve on all parties a "Notice of Hearing".
Document Type
Notice Of Hearing
A Notice of Hearing for an early entry of plea or change of plea must include a written plea form signed by all necessary parties.
Any Notice of Hearing for an early entry of plea or change of plea must have the written plea form signed by all necessary parties submitted with the Notice of Hearing;
Document Type
Notice Of Hearing
Written plea forms are required in misdemeanor and felony matters, while the plea form for probation violations is left to the Court's discretion.
Written plea forms are required for all misdemeanor and felony matters, with the exception of probation violations where the form of plea is at the discretion of the Court.
Document Type
Written Plea Form
An original proposed order and sufficient conforming copies for all parties must accompany all motions, petitions, and other requests for court relief or action.
An original proposed order, with sufficient conforming copies for all the parties to the case, must be submitted with all motions, petitions, and other requests for relief or action by the Court.
Document Type
Motions Petitions And Requests For Relief Or Action
After the hearing, the prevailing party or party ordered by the court must submit a conforming order with sufficient copies for signature if no proposed order was submitted or it does not conform to the court's order.
After hearing, if a proposed order was not submitted or if the proposed order does not conform to the order of the Court, the prevailing party or other party as ordered by the Court must submit an order, with sufficient conforming copies for all the parties to the case, for signature by the Court.
Document Type
Court Order
Attorneys or pro se parties must file and serve trial submissions no later than the day of trial assignment, including motions in limine, proposed jury instructions, verdict forms, witness and exhibit lists, and the expected exhibit count.
No later than the day of trial assignment, the attorneys or parties proceeding in pro per shall file and serve trial submissions including the following: (1) Motions in Limine; (2) Proposed jury instructions, identified by number and appended as attachments in proposed final form; (3) Verdict forms, identified by number and appended as attachments in proposed final form; (4) A list of witnesses, with expert witnesses categorized separately, expected to be called by the party, and the estimated length of direct examination of each witness; 31 ===== PAGE 32 ===== Superior Court of California, County of Humboldt (5) A list of exhibits, with a short description of the exhibit, expected to be used by the party. The number of expected exhibits should be provided to the Court so that proper exhibit number series may be made available by the Court.
Document Type
Trial Submissions
A foreign-language will or codicil must be accompanied by a translator-signed translation and an affidavit or declaration under penalty of perjury establishing the translator’s qualifications.
If the document is in a foreign language, it shall be accompanied by a translation signed by the translator together with an affidavit or declaration under penalty of perjury showing the qualifications of the translator.
Document Type
Petition For Probate
A request for juvenile records must be made by filing a sufficiently specific JV-570 petition supported by counsel’s declaration and, if necessary, a memorandum of points and authorities.
In all cases in which a person or agency seeks access to Juvenile Court records, including records maintained by the Juvenile Court Clerk, the Probation Department or Child Welfare Services, the person or agency shall file a Petition for Disclosure (JV-570) with the Supervising Judge of the Dependency Court. The petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The Petition shall be supported by a declaration of counsel and if necessary a memorandum of points and authorities.
Document Type
Petition For Disclosure
A party, counsel, or investigator seeking records must complete and present a declaration, and a copy must be filed in the court file.
The party, counsel or investigator shall fill out and present a Declaration regarding the request for records. A copy of the Declaration shall be filed in the Court File.
Document Type
Declaration Regarding Request For Records
An individual or agency authorized under Welfare and Institutions Code section 827 to inspect or copy juvenile case files without a court order must file the specified declaration.
Individuals and agencies authorized pursuant to Welfare and Institutions Code §827 to inspect and/or copy juvenile case files must file a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order.
Document Type
Declaration In Support Of Request To Inspect Or Copy Juvenile Court Records Without A Court Order
An attorney making a first appearance in a dependency matter must complete and submit a Certificate of Competency to the court within 10 days.
Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within ten (10) days of his or her first appearance in a dependency matter. The form is available on the Court’s website at: www.humboldt.courts.ca.gov.
Document Type
Certificate
The notice of motion must state the hearing date and time and the hearing courtroom beneath the motion title.
The notice of motion must include, under the title of the motion, the date and time of hearing, and the courtroom in which the motion shall be heard.
Document Type
Notice Of Motion
The ex parte applicant must submit a declaration confirming notice and the original declaration with the application to the designated juvenile courtroom clerk.
The party requesting ex parte orders must inform the judge or commissioner that notice has been given by completing a declaration of that fact. The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the juvenile department where the pending action would normally be heard.
Document Type
Application For Order
If an application for an appointed expert is granted, the moving party must prepare an order for the judge's signature.
If the application is granted, the moving party shall prepare an order for the judge’s signature.
Document Type
Expert Appointment Order
The alleged father's attorney must file a Statement Regarding Paternity using Judicial Council form JV-505.
(c) The alleged father’s attorney shall file a Statement Regarding Paternity using Judicial Council form JV-505.
Document Type
Statement Regarding Paternity
A request to delegate authority to consent to psychotropic medications must be made on the appropriate Judicial Council form.
The appropriate Judicial Council form shall be used to make a request to the Court for delegation of this authority.
Document Type
Request For Delegation Of Psychotropic Medication Consent
An application for a court order authorizing psychotropic medications must use the appropriate Judicial Council form and include physician information.
Application for an order authorizing the administration of psychotropic medications shall be made on the appropriate Judicial Council form with information provided from a physician.
Document Type
Application For Psychotropic Medication Authorization
An HIV-testing motion must include an affidavit explaining the absence of consent, describing the child's risk factors, and identifying proposed recipients of the results.
The motion shall include an affidavit explaining why consent could not be obtained, describing the risk factors for the child, and identifying proposed recipients of the test results.
Document Type
Motion For HIV Test
Further disclosure of HIV test results to a person not identified in the order requires filing another ex parte motion requesting a court order.
If the test results need to be released to someone not identified in the order, another ex parte motion requesting a court order for further disclosure shall be filed.
Document Type
Ex Parte Motion For Further Disclosure
A child advocate grievance petition seeking a termination hearing must state facts establishing exhaustion of all available Child Advocate Program remedies.
Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the child advocate program.
Document Type
Petition
CASA reports must be submitted for the specified hearings and reviews in dependency proceedings when the child has an advocate.
(1) In all dependency proceedings when the child has an advocate, CASA reports shall be submitted to the Court for dispositional hearings; six, twelve, and eighteen month reviews; Welfare and Institutions Code §366.26 hearings and for each permanency planning review thereafter.
Document Type
CASA Report
A person subject to the protective order may not divulge the tapes or their substance except as necessary for Juvenile Court proceedings.
The tapes, or the substance of any portion thereof, shall not be divulged by any person subject to the protective order to any other person, except as necessary for the purpose of Juvenile Court proceedings;
Document Type
Protective Order
Parties may not make additional copies of C.A.S.T. tapes without a prior court order.
The parties may not make any additional copies of the tapes without prior court order;
Document Type
Protective Order
C.A.S.T. audio or videotapes of a child may not be disseminated unless a protective order is in place.
No C.A.S.T. audio or videotapes of a child shall be disseminated without a protective order.
Document Type
Protective Order
Every party receiving C.A.S.T. audio or videotapes must sign the approved written Acknowledgment confirming that the tape is subject to a protective order.
All parties receiving C.A.S.T. audio or videotapes shall sign a written Acknowledgment that the tape is subject to a protective order. An approved form for the Acknowledgment is attached and labeled (see Appendix 7.44(d)) and incorporated herein by reference.
Document Type
Certificate
C.A.S.T. tapes given to counsel may be viewed only by specified participants and solely for Juvenile Court proceedings.
All C.A.S.T. tapes provided to counsel may be viewed only by parties, their counsel, and counsels’ employees, investigators and experts for the purpose of Juvenile Court proceedings;
Document Type
Protective Order
At least 10 calendar days before the conference, parties must exchange and file updated Income and Expense Declarations when financial relief is at issue unless a declaration less than 90 days old and fully current is already on file.
No later than ten (10) calendar days before the Mandatory Settlement conference, the parties shall:
Document Type
Income And Expense Declaration
In a matter set for contested trial, both parties must file and serve the specified settlement statement at least 10 calendar days before the settlement conference or trial date, whichever produces the later deadline.
When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater.
Document Type
Statement Of Issues Contentions And Proposed Disposition
Every party ordered to a Child Custody Recommending Counselor session must complete the online orientation and file proof of completion before the appointment.
All parties ordered to a CCRC are required to complete the online orientation program and file a certificate of completion prior to a CCRC appointment.
Document Type
Ccrc Orientation Certificate
A complaint regarding a Child Custody Recommending Counselor must be submitted on the completed Mediator Complaint Form to the Court’s Human Resources Department.
A completed Mediator Complaint Form (see Appendix 8.10) must be completed and submitted to the Court’s Human Resources Department.
Document Type
Mediator Complaint Form
Papers submitted to the Child Custody Recommending Counselor must first be filed with the court and include proof of service.
All papers submitted to the Counselor for consideration shall first be filed with the Court and must be accompanied by a proof of service.
Document Type
Papers Submitted To Counselor
Declarations submitted to the Child Custody Recommending Counselor must comply with California Rules of Court, Rule 2.100.
All declarations submitted to the Child Custody Recommending Counselor for consideration shall comply with California Rules of Court, Rule 2.100.
Document Type
Declaration
Judgments must address all matters within the court’s jurisdiction for which a party seeks adjudication or expressly reserve jurisdiction over matters not being disposed of.
Pursuant to California Rules of Court Judgments must include all matters subject to the court’s jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.
Document Type
Judgment
When parties submit a signed default judgment titled “Default with Agreement,” the defaulting party’s signature must be notarized.
If the parties submit a signed default Judgment (“Default with Agreement”), the signature of the defaulting party must be notarized.
Document Type
Default Judgment
A complaint against the Family Law Facilitator must be submitted using the completed Family Law Facilitator Customer Complaint Form to the Court’s Human Resources Department.
A person who requests to file a complaint against the Family Law Facilitator shall complete the Family Law Facilitator Customer Complaint Form (See Appendix 8.11) and submit to the Court’s Human Resources Department.
Document Type
Family Law Facilitator Customer Complaint Form
Filing & Service rules
Electronic Filing Rules
The court prohibits direct fax filing of documents.
The Humboldt County Superior Court does not accept direct fax filing of documents.
Page 10 | 1.8 Facsimile Filings
Requests for a settlement conference and all settlement conference statements must be filed in paper form with the Court.
Requests for a settlement conference and all settlement conference statements must also be filed in paper form with the Court.
Page 21 | Duty of Attorneys and Others as to Settlement Conferences
Pleadings may be filed by fax only through a court-approved fax filing agency under the specified California Rules of Court.
The Court accepts the filing of documents through a fax filing agency pursuant to California Rules of Court, Rule 2.303. Parties may file pleadings by fax pursuant to California Rules of Court, rules 2.300- 2.306.
Page 10 | 1.8 Facsimile Filings
Filing Timing and Cure Windows
Settlement conference statements must be filed with the Court at least five court days before the conference.
Each party shall prepare a Settlement Conference Statement, which shall be filed with the Court no less than five (5) court days prior to the conference.
Page 21 | Duty of Attorneys and Others as to Settlement Conferences
Attorneys must file their respective Pretrial Conference Statements no later than seven court days before trial.
No later than seven (7) court days prior to trial, the attorneys shall file and serve their respective Pretrial Conference Statements.
Page 22 | 2.6 Civil Trial Rules
A party seeking to use the long-form juror questionnaire must submit the proposed questionnaire and any modifications at least 15 court days before trial.
(9) Any party wishing to use the long form juror questionnaire (Judicial Council form JURY-001) must submit the proposed long form questionnaire with any modifications to the Court no later than fifteen (15) court days prior to trial.
Page 23
Unless the court agrees otherwise, motions in limine must be filed and served no later than 14 court days before trial.
Unless otherwise agreed to by the court, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.
Page 23 | In Limine Motions
The original trial memorandum must be filed no later than seven court days before the scheduled trial date.
The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial.
Page 23 | Trial Memorandum
Opposition and responsive pleadings in an ex parte matter must be filed at least two hours before the hearing.
Any opposition or responsive pleadings must be filed no later than two (2) hours prior to the ex parte hearing.
Page 26 | 2.9(d)(3) Applications for Ex Parte Orders and Emergency Stays
Ex parte pleadings received before noon may receive the next-day calendar, while pleadings received after noon will receive no earlier calendar date than two court days after receipt.
All pleadings from the party making the ex parte request must be received by the Court prior to 12:00 p.m. (noon) in order for an ex parte matter to appear on the next court day’s calendar. If the pleadings are received after 12:00 p.m. (noon), the matter will not be placed on the court calendar before the date that is two (2) court days from the date of receipt of the pleadings.
Page 26 | 2.9(d)(2) Applications for Ex Parte Orders and Emergency Stays
Serious or violent felony matters that must be arraigned on the filing day and missed the 10:00 a.m. deadline must be filed before 2:00 p.m. for the same-day late arraignment calendar.
For serious or violent felonies only, which must be arraigned on the day of filing and which could not be filed by 10:00 a.m., matters must be filed before 2:00 p.m. to be placed on the same day late arraignment calendar.
Page 29 | 3.1 Filing Deadlines: Arraignments
Complaints and petitions for out-of-custody arraignment matters must be filed ten court days before the scheduled arraignment date.
All Complaints and Petitions pertaining to arraignments for persons who are out-of-custody must be filed ten court days prior to the date set for arraignment.
Page 29 | 3.1 Filing Deadlines: Arraignments
An information for arraignment must be filed by noon at least two days before the date set for arraignment.
Informations for arraignment must be filed by noon at least two (2) days prior to the date set for arraignment on the information.
Page 29 | 3.1 Filing Deadlines: Arraignments
In-custody felony or misdemeanor arraignment matters must be filed by 10:00 a.m. for placement on the same-day afternoon arraignment calendar.
matters pertaining to arraignments for persons who are in-custody for felony and/or misdemeanor charges, including serious or violent felonies, must be filed no later than 10:00 a.m. to be placed on the same day afternoon arraignment calendar.
Page 29 | 3.1 Filing Deadlines: Arraignments
A selected hearing date must provide ten court days' prior service and notice under Rule of Court 4.111.
The hearing date must comply with the service and notice requirements of Rule of Court 4.111 (ten court days prior to hearing).
Page 30 | 3.2(b) Date and Time of Hearings
A Notice of Hearing for a new commit-to-jail date submitted after the original date has passed is rejected, and the defendant must surrender on any issued warrant.
Notice of Hearing for a new commit to jail date submitted after the commit to jail date has passed will be rejected; instead, the defendant must surrender on any warrant issued.
Page 30 | 3.2(c)(2) Commit to Jail Date
A Notice of Hearing to set or extend a commit-to-jail date must be filed, served, and heard before that date and include a declaration explaining the request.
Any Notice of Hearing to set or extend a commit to jail date must be filed, served and heard prior to the commit to jail date, and must have a declaration attached stating the reason for requesting a new commit to jail date.
Page 30 | 3.2(c)(2) Commit to Jail Date
Trial submissions must be filed and served no later than the day of trial assignment.
No later than the day of trial assignment, the attorneys or parties proceeding in pro per shall file and serve trial submissions including the following:
Page 31 | 3.6 Trial Submissions
The long-form jury questionnaire must be filed no later than 15 court days before trial.
The long form jury questionnaire must be filed, with a courtesy copy for Jury Services, no later than fifteen (15) court days prior to trial.
Page 32 | 3.6 Trial Submissions
Opposition to motions in limine must be filed and served no later than the scheduled trial date.
Any opposition to motions in limine shall be filed and served no later than the date scheduled for trial.
Page 32 | 3.6 Trial Submissions
All papers for a previously set probate hearing, including the moving party’s proposed order, must be filed or lodged with the Clerk’s Office at least five court days before the hearing.
All papers relating to a previously set probate hearing, including the proposed order prepared by the moving party, shall be filed or lodged with the Clerk’s Office at 421 I Street in Eureka at least five (5) court days before the date of the hearing.
Page 36 | 6.3 Time for Submitting Papers and Orders
If the Court sustains a sufficiency challenge, it may allow amendment on just terms and will set a filing deadline for the amended pleading within the statutory jurisdiction-hearing time.
If the Court sustains the motion, the Court may grant leave to amend the pleading in the petition upon any terms as may be just and shall fix the time within which the amendment or amended petition shall be filed within the statutory time for the hearing on jurisdiction.
Page 41 | 7.13 Objection to the Sufficiency of the Petition (Demurrer)
An amended petition may be filed without court leave and served on all parties no later than the pretrial hearing; after that hearing, court leave is required.
The petition may be amended without leave of court, by filing the amended petition and serving a copy on all parties no later than the pretrial hearing and thereafter by leave of court.
Page 42 | 7.14 Amended Petition
Reply papers must be filed no later than two court days before the hearing.
All reply papers must be filed and personally served no later than two (2) court days before the hearing.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
Opposition papers must be filed and served no later than five court days before the hearing.
If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents must be filed with the Clerk’s Office and served no later than five (5) court days before the date set for hearing.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
Written opposition to an ex parte request must be presented to the courtroom clerk within 24 hours after receipt of notice.
An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within twenty-four (24) hours of receipt of notice.
Page 46 | 7.21 Ex Parte Applications and Orders
The courtroom clerk will hold an ex parte application for 24 hours before submitting it to the judicial officer for decision.
In order to give opposing parties ample time to respond to the ex parte application, the courtroom clerk will hold the application for twenty-four (24) hours prior to submission to the judicial officer for their decision.
Page 46 | 7.21 Ex Parte Applications and Orders
Opposition to a request for delegation of psychotropic-medication consent must use the appropriate Judicial Council form and be made within two court days after notice of the application.
Any opposition shall be made on the appropriate Judicial Council form and must be made within two (2) court days of the notice of the application for order.
Page 51 | 7.31 Authorization for Use of Psychotropic Drugs
All Judicial Council forms, including declarations, must be filed on time.
All Judicial Council forms, including declarations, must be timely filed.
Page 60 | 8.3(a) Completion of Forms
For a contested trial, both parties must file and serve the settlement statement by the later of the two stated deadlines: 10 calendar days before the settlement conference or 10 calendar days before trial.
When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater.
Page 63 | Settlement Conference Statements
The deadline for filing the settlement statement may not be extended by stipulation.
The purpose of this statement is to assist the trial judge, and the time for filing of a statement may not be extended by stipulation.
Page 63 | Settlement Conference Statements
The parties shall act no later than ten (10) calendar days before the Mandatory Settlement conference.
No later than ten (10) calendar days before the Mandatory Settlement conference, the parties shall:
Page 63 | Mandatory Settlement Conference Requirements
A complaint about a recommending counselor must be lodged within 45 days after receipt of counselor services.
Complaints may not be lodged more than 45 days after receipt of recommending counselor services.
Page 65 | 8.10 Complaints Regarding Child Custody Recommending Counselors
The initial case management statement is due no later than 15 days before the case management conference.
Initial CASE MANAGEMENT STATEMENT on Judicial Council form CM-110 shall be filed with the Court and exchanged among the parties no later than 15 days before the Case Management Conference.
Page 73 | Appendix 2.8.2
Upon final disposition, qualifying tapes not admitted into evidence or retained by law enforcement must be returned to the court or Child Welfare Services counsel for destruction.
Upon final disposition of this matter, all tape(s) which are not in evidence with the Court or booked as evidence and retained by law enforcement and which relate to a minor’s disclosure of sexual molestation, shall be returned to the Court or to counsel for Child Welfare Services for destruction.
Page 78 | ORDER TO PROVIDE COPY OF CAST TAPE(S) AND PROTECTIVE ORDER
The custodian must release a copy of the specified CAST interview tapes to Humboldt County Counsel within seven calendar days after receiving the order.
shall release to Humboldt County Counsel, within seven calendar days of receipt of this order, a copy of the tapes of the CAST interviews
Page 78 | ORDER TO PROVIDE COPY OF CAST TAPE(S) AND PROTECTIVE ORDER
Non-serious or non-violent in-custody matters filed after 10:00 a.m. are placed on the next court day's afternoon arraignment calendar.
Except for serious or violent felonies, matters filed after 10:00 a.m. will be placed on the afternoon arraignment calendar for the next court day.
Page 29 | 3.1 Filing Deadlines: Arraignments
Serious or violent felony matters filed after 2:00 p.m. are heard the next court day unless judicial authorization is obtained for the same-day late arraignment calendar.
All other serious or violent felony matters filed after 2:00 p.m. will be heard the next Court day on the afternoon arraignment calendar, unless judicial authorization is obtained to place the matter on the same day late arraignment calendar.
Page 29 | 3.1 Filing Deadlines: Arraignments
A petition may be amended at any time before the hearing if all parties or their counsel agree.
By agreement of all parties or their counsel, petitions may be amended at any time before hearing.
Page 42 | 7.14 Amended Petition
Service and Proof of Service Rules
All lodged exhibits must be provided to remotely appearing parties, witnesses, and counsel at least five court days before the hearing.
All lodged exhibits must be provided to all parties, witnesses, and counsel appearing remotely at least five (5) court days prior to the hearing.
Page 19 | 1.19 Exhibits at Remote Appearance at Testimonial Hearings or Trials
Each party claiming damages must furnish all other parties an itemized list of special damages and the amount of general damages claimed at least five court days before the settlement conference.
In addition to the settlement conference statement required by CRC 3.1380(c), each party claiming damages shall furnish to all other parties as least five (5) court days before the Settlement Conference an itemized list of the special damages and the amount of general damages claimed, and in a personal injury or wrongful death case, a settlement offer.
Page 21 | Duty of Attorneys and Others as to Settlement Conferences
Attorneys must serve their respective Pretrial Conference Statements no later than seven court days before trial.
No later than seven (7) court days prior to trial, the attorneys shall file and serve their respective Pretrial Conference Statements.
Page 22 | 2.6 Civil Trial Rules
Unless the court agrees otherwise, motions in limine must be served no later than 14 court days before trial.
Unless otherwise agreed to by the court, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.
Page 23 | In Limine Motions
A copy of the trial memorandum must be served on all parties no later than seven court days before trial.
The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial.
Page 23 | Trial Memorandum
The filing party must serve the Notice of Inclusion with the complaint.
Said notice shall be served by the filing party with the complaint.
Page 25 | 2.8.2 Filing and Service of Notice of Inclusion
The Notice of Hearing must be served on all parties and accompanied by a filed proof of service.
Be served on all parties, with a filed proof of service reflecting same.
Page 30 | 3.2 Requesting Hearings
Appointed counsel who withdraws must arrange for appointment of a new attorney through the County of Humboldt's appointment panel and file and serve a written substitution notice.
Any appointed counsel who must withdraw from representing a defendant must arrange for a new attorney to be appointed, through the County of Humboldt’s appointment panel. The withdrawing attorney must file and serve a written notice of substitution as in subparagraph (a) above.
Page 31 | 3.4 Substitution of Attorney
An attorney withdrawing from a defendant's representation must file and serve a signed written notice of substitution on all parties, including the defendant, and file proof of service before the substitution becomes effective.
Any attorney wishing to withdraw from representing a defendant must file and serve on all parties, including the defendant, a written notice of substitution of attorney, providing the name and contact information of the new attorney. The written notice must be signed by the new attorney. The substitution is not effective until proof of service of the notice is filed with the court.
Page 31 | 3.4 Substitution of Attorney
When requesting fees or commissions other than those computed under Probate Code §§ 10800–10810, the notice of hearing and a copy of the petition must be served on all parties.
Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §§10800 -10810, the notice of hearing and a copy of the petition shall be served on all parties.
Page 36 | 6.1 Additional Requirements
A copy of the petition must be served with each notice of hearing for special-notice recipients and testamentary-trustee accountings.
A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.
Page 36 | 6.1 Additional Requirements
When filing an amended petition without court leave, a copy must be served on all parties no later than the pretrial hearing.
The petition may be amended without leave of court, by filing the amended petition and serving a copy on all parties no later than the pretrial hearing and thereafter by leave of court.
Page 42 | 7.14 Amended Petition
In dependency proceedings, social reports must be available to all counsel and may be placed in designated court boxes or mailed to counsel.
(e) In dependency proceedings social reports prepared by the probation officer or social worker must be available to all counsel as required by law. Such reports may be placed in designated court boxes or mailed to counsel.
Page 43 | Juvenile Rules
Proof of service for a reporter’s transcript request must be provided on all parties or their counsel when the request is filed.
In any juvenile case a party requesting a reporter’s transcript shall file a written request for an order with proof of service on all parties or their counsel.
Page 43 | 7.16 Request for Transcripts
The names of experts a party will call and copies of their reports must be made available to all parties.
(g) The name of any experts to be called by any party and copies of their reports shall be made available to all parties.
Page 43 | Juvenile Rules
In contested proceedings, social worker log notes must be available to all counsel five court days before the hearing unless the court orders otherwise.
(f) In contested proceedings the social worker log notes shall be made available to all counsel five (5) court days before the hearing unless otherwise ordered by the Court.
Page 43 | Juvenile Rules
Counsel must serve the appropriate reporter with a copy of the signed transcript order.
It is counsel’s responsibility to serve the appropriate reporter with a copy of the signed order.
Page 43 | 7.16 Request for Transcripts
A social worker’s or probation officer’s report must be filed with the court and served on the parties or counsel as required by law unless the court orders otherwise.
(a) The report must have been filed with the Court and served on the parties or their counsel as required by law unless otherwise ordered by the Court.
Page 44 | 7.18 Use of Social Worker’s or Probation Officer’s Reports at Contested Hearings in Juvenile Matters
A written peremptory challenge to the regularly assigned juvenile judicial officer must be served on all parties or their attorneys of record at least ten calendar days before trial or hearing.
Any peremptory challenge to the judicial officer regularly assigned to juvenile matters must be made in writing and shall be served on all parties, or their attorneys of record, no less than ten (10) calendar days prior to the trial or hearing.
Page 44 | 7.17 Peremptory Challenge
The Clerk’s Office will not accept a noticed motion without an accompanying proof of service.
No noticed motion shall be accepted by the Clerk’s Office unless it is accompanied by a proof of service.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
Opposition papers must be served no later than five court days before the hearing.
If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents must be filed with the Clerk’s Office and served no later than five (5) court days before the date set for hearing.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
Reply papers must be personally served no later than two court days before the hearing.
All reply papers must be filed and personally served no later than two (2) court days before the hearing.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
The moving party must serve the motion papers on all other counsel at least ten (10) calendar days before the hearing if served personally, or fifteen (15) calendar days before if served by mail.
Moving party must serve the notice of motion and motion, points and authorities, and all supporting documents upon all other counsel in the case at least ten (10) calendar days before the date of the hearing if personally served, or fifteen (15) calendar days before the hearing if served by mail.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
The ex parte applicant must serve all noticed parties with the Court’s decision or calendaring notice and notify all parties of any hearing date and time.
The applicant is responsible for serving all noticed parties with copies of the Court’s decision or notice that the Court has calendared the matter, and the applicant shall notify all parties of any hearing date and time set by the Court.
Page 46 | 7.21 Ex Parte Applications and Orders
Notice may be excused when notice would frustrate the order’s purpose or cause the child immediate and irreparable injury.
Notice may be excused if the giving of such notice would frustrate the purpose of the order or cause the child to suffer immediate and irreparable injury.
Page 46 | 7.21 Ex Parte Applications and Orders
Before submitting proposed ex parte orders, the applicant must notify all counsel, social workers, and unrepresented parents or explain why notice was not given.
Before submitting ex parte orders to a judge or commissioner for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given.
Page 46 | 7.21 Ex Parte Applications and Orders
Notice may be excused when, after a good-faith effort, notice is impossible or when the opposing parties do not object to the ex parte orders.
Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders.
Page 46 | 7.21 Ex Parte Applications and Orders
In non-emergency situations, the Department must give notice of a child's placement change at least five working days before the change.
(a) In non-emergency situations, the Department shall give notice at least five (5) working days prior to the change in placement.
Page 47 | 7.27 Notice re: Change in Placement
The Department must provide at least ten working days' notice before removing a child from one county to another, except when emergency circumstances prevent timely notice.
(b) Prior to removal of a child from one county to another, the Department shall provide notice at least ten (10) working days unless emergency circumstances prevent such notice.
Page 47 | 7.27 Notice re: Change in Placement
The child's counsel must immediately receive notice of the reasons for a placement change and the caretaker's name, address, and phone number.
(e) The child’s counsel shall be informed immediately of the reasons for the change in placement, and the address, phone number and name of caretaker of the child.
Page 48 | 7.27 Notice re: Change in Placement
A party intending to have an expert testify must make the expert's report, if one exists, available to all other parties at least five court days before the contested hearing.
(d) When a party decides to have an expert testify at any contested hearing, that party shall make available to all other parties, at least five (5) court days before date set for hearing, copies of the expert’s report, if any.
Page 48 | 7.28 Appointment of Experts (Dependency)
For an emergency placement change, the Department must give immediate notice and, in all cases, notice no later than 48 hours or two working days after the change.
(c) In emergency circumstances the Department shall give notice immediately and in no case later than 48 hours (two working days) following the child’s change in placement.
Page 48 | 7.27 Notice re: Change in Placement
Copies of a child advocate's order of appointment must be served on all parties or their counsel.
(2) When an appropriate child advocate has been identified, that person’s name shall be submitted to the Court for appointment. Copies of the order of appointment shall be served on all parties or their counsel.
Page 54 | 7.37 Child Advocates
Copies of the CASA child-advocate order must be served on all parties or their counsel.
Copies of the order shall be served on all parties or their counsel.
Page 55 | Child Advocates
The CASA Report must be served on all parties or their attorneys at least two court days before the hearing, with proof of service attached.
(2) At least two (2) court days before the hearing, the CASA Report shall be served on all parties or their attorneys. A proof of service shall be attached to each report.
Page 55 | Child Advocates: Reports
The moving party must provide the child advocate timely notice of every motion concerning the child.
In any motion concerning the child, the moving party shall provide the advocate timely notice.
Page 56 | 7.39 Child Advocates: Right to Timely Notice
Copies of the signed order granting the child advocate access and interview authority must be served on all parties or their counsel.
The Judicial Officer making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. Copies of the order shall be served on all parties or their counsel.
Page 56 | 7.38 Child Advocates: Release of Information to Advocate
Unless excused by the trial court, the parties must exchange good-faith settlement demands and final disclosure declarations at least 14 calendar days before the Mandatory Settlement Conference.
No later than fourteen (14) calendar days before the Mandatory Settlement Conference, the parties shall exchange good faith settlement demands and final declarations of disclosure.
Page 63 | Mandatory Settlement Conference Requirements
Both parties must serve the settlement statement on the applicable deadline in every matter set for contested trial.
When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater.
Page 63 | Settlement Conference Statements
The requesting party must immediately deliver copies of a change-of-counselor request to the counselor and every other party and attorney.
Copies of the request must be delivered by the requesting party immediate to the counselor and all the other parties and attorneys, if any.
Page 64 | Change of Counselor
Papers submitted to the Counselor for consideration must be accompanied by proof of service.
All papers submitted to the Counselor for consideration shall first be filed with the Court and must be accompanied by a proof of service.
Page 65 | 8.10 Declarations
Notice to the opposing party or attorney must be given by 10 a.m. on the preceding court day before the matter is submitted, unless the court excuses the requirement.
A. I HAVE given notice to the opposing party and/or their attorney by the following method: Telephone Voicemail Message In writing by Personal delivery Fax Overnight Carrier First Class Mail Other: _______________________ Date: ______________ Time: ______________ (Notice must be given by 10 a.m. the court day prior to the time the matter is to be submitted to the court unless excused by the court)
Page 94 | DECLARATION REGARDING NOTICE OF APPLICATION FOR EX PARTE ORDERS
Unless the court excuses notice, the other party must receive notice of the request for order before the request is delivered to the court.
Unless notice is excused by the Court, you must provide notice of your Request for Order to the other party before you deliver it to the Court.
Page 95 | SECTION #4A
A person or agency seeking juvenile records must give notice to all necessary parties using the JV-570 form.
The person or agency seeking the records shall give notice to all necessary parties (see form JV-570).
Page 37 | 7.3 Discovery of Juvenile Records
The declarant must identify how the other party's receipt of the papers was confirmed.
I have received confirmation that the other party has received my papers as follows: (Check one below) In person/telephone (describe): _________________________________________________________________ Confirmation of receipt Other: ___________________________________.
Page 94 | DECLARATION REGARDING NOTICE OF APPLICATION FOR EX PARTE ORDERS
Notice of an ex parte order request may be omitted if at least one stated circumstance applies, including specified restraining-order proceedings, threatened irreparable harm or property loss, inability or futility of notice, frustration of the order's purpose, the other party's agreement, or consolidation with an already scheduled hearing.
B. I HAVE NOT given notice of the ex parte request for orders because (check all that apply): This is an application for Domestic Violence Prevention Act (DVPA) restraining orders or restraining orders for Civil Harassment, Elder Abuse or Workplace Violence. Great or irreparable injury will result to me or children affected by this order before the matter can be heard on notice Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in this case. I am unable to serve the other party 21 days before the hearing. It is impossible to give notice and futile to try do so. Giving notice would frustrate the purpose of the order (explain) _______________________________________________ The other party agrees to the orders requested. A hearing between the parties is already set, I am asking that his motion be heard at the same time. Other: _______________________________________________________________________________________
Page 94 | DECLARATION REGARDING NOTICE OF APPLICATION FOR EX PARTE ORDERS
Service accomplished in court boxes by noon is treated as personal service.
Service in court boxes by noon shall be considered personal service.
Page 45 | 7.20 Requirements and Procedures for Motions other than Motions to Continue
Notice of a child's placement change may be given in writing, orally, or by telephone.
(d) Notice may be given in writing or orally and by telephone.
Page 48 | 7.27 Notice re: Change in Placement
Filing Fees and Waivers
A fee is required when a party requests a reporter for a proceeding at which reporters are normally unavailable or not provided, but the fee is waived for solely family-support and solely domestic-violence restraining-order hearings.
(d) It is the responsibility of the party desiring court reporting services, at least five (5) court days prior to the date initially scheduled for the proceeding, to file a written statement requesting a court reporter and to pay the fee for proceedings at which a court reporter is normally unavailable or normally not provided (see Local Rule 1.7.1). For hearings concerning solely family support and solely domestic violence restraining orders, the written statement requesting a court reporter is required as stated herein but the fee is not required.
Page 9 | 1.7.2
For a non-criminal proceeding lasting more than one hour, the court charges the cost of reporting services for each half-day, except for solely family-support and domestic-violence restraining-order proceedings.
(b) In accordance with Government Code section 68086, the Court charges a fee equal to the cost of providing court reporting services per every one-half day of services provided for every non-criminal proceeding lasting more than an hour, with the exceptions of hearings concerning solely family support and proceedings solely to obtain a domestic violence restraining order. The amounts for fees per one-half day and per full day are published in the Court’s fee schedule, which is available through the Court’s website.
Page 9 | 1.7.3 Court Reporters in Non-Criminal Cases – Proceedings Lasting More than One Hour
A court-reporter fee must be paid when the scheduling paper is filed even if the filer does not want a reporter, subject to a refund request within 60 days and exemptions for family-support and domestic-violence restraining-order proceedings.
(c) For proceedings at which a court reporter is normally available (see Local Rule 1.7.1), the fee shall be paid at the time the paper is filed that results in the hearing being scheduled. The fee shall be collected even if the party filing the paper does not wish to have a court reporter present. However, if the proceeding is completed or cancelled without reporting services actually being provided, the fee will be refunded as soon as practicable following receipt of a written request, which request must be received within sixty (60) days after the conclusion of the scheduled hearing. Requests received after sixty (60) days will not be refunded. No fee is required for hearings concerning solely family support or proceedings solely to obtain a domestic violence restraining order.
Page 9 | 1.7.2
When fewer than five days’ notice is given, one or more parties must request a reporter and pay the applicable pro rata fee as soon as possible after notice.
If a proceeding is initially scheduled to take place on fewer than five days’ notice, one or more parties must make the request and pay the pro rata fee at the earliest possible time following notice.
Page 10 | 1.7.3 Court Reporters in Non-Criminal Cases – Proceedings Lasting More than One Hour
For a fee-bearing proceeding lasting more than half a day, one or more parties must pay the applicable pro rata fee for each additional half-day before that half-day begins.
(d) If the proceeding will last more than a half-day and the proceeding is one requiring a fee as provided herein, to ensure the presence of a court reporter on each additional half-day, one or more parties must pay their pro rata share(s) for each additional half-day prior to the commencement of each additional half-day.
Page 10 | 1.7.3 Court Reporters in Non-Criminal Cases – Proceedings Lasting More than One Hour
A written reporter request remains mandatory for non-criminal proceedings lasting more than one hour, but no reporter fee is charged for solely family-support or domestic-violence restraining-order proceedings.
Although the written statement is required to ensure the presence of a reporter for all non-criminal proceedings lasting more than an hour, the fee is not charged for hearings concerning solely family support or proceedings solely to obtain a domestic violence restraining order.
Page 10 | 1.7.3 Court Reporters in Non-Criminal Cases – Proceedings Lasting More than One Hour
Court-reporter fees are split evenly unless the assigned judge orders another allocation, and a party objecting to an even split must raise the issue with the judge before or during the proceeding.
(e) The judge assigned to the proceeding may determine that fees should not be split evenly if, for example, only one party desires the presence of a court reporter. In the absence of such an order, fees shall be split evenly among the parties, even if only one of the parties initially requested the presence of a court reporter in compliance with subdivision (c). Any party who does not consent to an even split of reporter fees must raise the issue before or during the proceeding with the judge assigned to the proceeding so that the judge may order a proper allocation of said fees.
Page 10 | 1.7.3 Court Reporters in Non-Criminal Cases – Proceedings Lasting More than One Hour
A party requesting a court reporter for a proceeding must pay the court reporter fee in addition to filing fees.
If any party wishes to have a court reporter for any hearing that proceeds, that party will be required to pay a court reporter fee in addition to any filing fees.
Page 26 | 2.9(d)(4) Applications for Ex Parte Orders and Emergency Stays
Workshop registration requires a $65.00 check per person or a current court-issued fee waiver; cash should not be mailed.
Return this form with either a check for $65.00 (per person) or a current fee waiver, issued from the courts within the last six months and valid the date of the workshop. Please do not send cash through the mail.
Page 97 | Appendix 8.16
Coinage exceeding $5.00 tendered for a fee or fine must be counted and rolled.
Coinage of more than $5.00 in payment of any fee or fine shall be counted and rolled.
Page 11 | 1.11 Payment of Fees and Fines in Coinage
An initial filing-fee waiver includes clerk photocopying fees for one copy of papers already in the court’s file for the affected action or proceeding.
The California Rules of Court, Rule 3.55 provides that the clerk’s fees for reasonably necessary photocopying must be waived upon granting an application for an initial fee waiver. This court defines the number of photocopies which are reasonably necessary and which will be waived under the fee waiver for the litigant benefited by the fee waiver as only one copy of those papers in the Court’s file for the action or proceeding in which the waiver of fees was granted.
Page 11 | 1.10 Reasonably Necessary Photocopying
An indigent defendant in a misdemeanor appeal receives the reporter’s transcript without cost, with preparation paid by the County.
Pursuant to California Rules of Court, Rule 8.866, and based on the appellant’s declaration of indigence, the Court has determined that the defendant is indigent and should therefore receive the reporter’s transcript in this appeal without cost. Preparation of the reporter’s transcript shall be provided at County expense.
Page 99 | Appendix 9.1
Courtesy Copy Requirements
The long-form jury questionnaire must be filed with a courtesy copy for Jury Services no later than 15 court days before trial.
The long form jury questionnaire must be filed, with a courtesy copy for Jury Services, no later than fifteen (15) court days prior to trial.
Page 32 | 3.6 Trial Submissions
Whenever possible, courtesy copies of ex parte moving and responding papers and notice declarations should be served on the identified attorneys, parents, county counsel, social worker, de facto parent, and tribe.
Whenever possible, courtesy copies of the moving and responding papers and declarations re notice shall be served on the attorney for each parent, attorney for the child, county counsel, supervising social worker, de-facto parent, tribe, and parents who are not represented by counsel.
Page 46 | 7.21 Ex Parte Applications and Orders
Sealing & Redaction Procedures
The ex parte HIV-testing motion must be sent to the court in a sealed envelope addressed to the judge.
The ex parte motion shall be sent to the Court in a sealed envelope addressed to the judge.
Page 51 | 7.32 HIV/AIDS Testing Procedure for Dependent Children
The HIV-testing motion, order, and related HIV/AIDS information must be kept in a sealed envelope marked “Confidential for Judge Only.”
The ex parte motion, the order, and any information released to the Court dealing with HIV/AIDS shall be kept in the Court file in a sealed envelope and marked, “Confidential for Judge Only.”
Page 51 | 7.32 HIV/AIDS Testing Procedure for Dependent Children
The HIV-testing and disclosure order must be returned to the requesting party in a sealed envelope marked confidential.
The order for HIV testing and disclosure of test results shall be returned to the party who filed the motion in a sealed envelope marked confidential.
Page 51 | 7.32 HIV/AIDS Testing Procedure for Dependent Children
Pre-Motion Conference Requirements
Before requesting a criminal-matter intervention, all counsel must meet and confer and reach an impasse, and each must be prepared to identify areas of agreement and disagreement; the request must be submitted through the court website.
3.8 Interventions in Criminal Matters (a) Requesting Intervention: Before requesting an intervention, all counsel in the case must meet and confer with each other regarding possible resolution. Only after meeting and conferring, if counsel reach an impasse, then an intervention may be requested. Each Counsel must be prepared to specify all areas of agreement and disagreement. Parties requesting an intervention shall submit the request through the website of the Superior Court of Humboldt County.
Page 33 | 3.8 Interventions in Criminal Matters
Adjournment & Extension Requirements
A party seeking a contested or uncontested continuance of a case set for trial must file a noticed motion with supporting declarations, and the Court will ordinarily grant a continuance only in extreme emergencies because a party stipulation alone is insufficient.
A stipulation by the parties is not a sufficient basis for a continuance of a case set for trial. A party seeking a continuance, whether contested or uncontested, shall serve and file a notice of motion, together with supporting declarations, for hearing on the civil law and motion calendar. No continuance otherwise requested shall be granted by the Court except in extreme emergencies, such as serious accident or death.
Page 20 | 2.4 Continuance of Case Set for Trial
After a bench trial, a stipulated continuance or extension for performing an act requires the Court's approval.
Following any trial by the Court without a jury, no continuance or extension for performing any act shall be granted upon stipulation without approval of the Court.
Page 20 | 2.4.1 Continuance of Post-Trial Matter
After a hearing date is noticed, it may be changed only by a stipulated order signed by a judge, a properly noticed ex parte application, or a court-initiated change.
Once a hearing date is noticed, it may be changed only by (1) Stipulation by the parties and Order signed by a judge; (2) a properly noticed ex parte application; or (3) sua sponte by the Court.
Page 28 | 2.14
A moving party must select a hearing date consistent with the Court’s current calendars.
Moving parties are to select a hearing date that is consistent with the Court’s current calendars.
Page 28 | 2.14
The court may continue a mandatory settlement conference for good cause, either on its own motion or on a timely and properly noticed motion.
A Mandatory Settlement Conference may be continued by the Court for good cause, either sua sponte or upon a timely, properly noticed motion.
Page 62 | 8.9 Mandatory Settlement Conference (a) Calendaring and Attendance
Chambers Communication Rules
Counsel may request calendar priority by notifying the clerk before the first calendar call, notifying other counsel or parties, and stating the reason to the court.
Counsel may request a priority on the Court’s calendar by advising the clerk of the case title and calendar number prior to the first calendar call. Counsel shall notify the other counsel and/or parties of said request. Counsel is expected to state to the Court the reason for the calendar priority.
Page 39 | 7.7 Appearances and Daily Courtroom Practice
Questions about telephonic appearances may be emailed to phonerequests@humboldtcourt.ca.gov, with the case number and hearing date and time included.
For any remaining questions, please send an email to : phonerequests@humboldtcourt.ca.gov. (include your case number, and hearing date/time.)
Page 1 | Telephonic Appearances — Rule 1.13 Telephonic Appearances