Humboldt Superior Court Document Filing Requirements

Applies to

Request for telephonic appearance

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.

Applies to

Expert appointment order

Must include

proposed 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.

Applies to

Court reporter request

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.

Applies to

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.

Applies to

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.

Applies to

Notice of remote appearance

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).

Applies to

Opposition to remote proceeding

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).

Applies to

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.

Applies to

Exhibit

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).

Applies to

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.

Applies to

Exhibits

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.

Applies to

Exhibit coversheet

Must include

caption, case number

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.

Applies to

Lodged exhibits

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.

Applies to

Settlement conference statement

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.

Applies to

Pretrial 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.

Applies to

Emergency stay application

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.

Applies to

Legal authority

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.

Applies to

Default judgment

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.

Applies to

Amended notice of hearing

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.

Applies to

Notice of hearing

Must include

caption

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".

Applies to

Notice of hearing

Must include

caption

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.

Applies to

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;

Applies to

Written plea form

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.

Applies to

Motions petitions and requests for relief or action

Must include

proposed order

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.

Applies to

Court order

Must include

proposed order

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.

Applies to

Trial submissions

Must include

exhibit list

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.

Applies to

Petition for probate

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.

Applies to

Petition for disclosure

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.

Applies to

Declaration in support of request to inspect or copy juvenile court records without a court order

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.

Applies to

Declaration regarding request for records

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.

Applies to

Certificate

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.

Applies to

Transcript request

Must include

certificate of service

A party seeking a reporter’s transcript in a juvenile case must file a written request for an order with proof of service on every party or counsel.

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.

Applies to

Notice of motion

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.

Applies to

Ex parte motion for further disclosure

Must include

proposed order

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.

Applies to

Application for Order

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.

Applies to

Statement regarding paternity

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.

Applies to

Request for delegation of psychotropic medication consent

Must include

proposed order

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.

Applies to

Application for psychotropic medication authorization

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.

Applies to

Motion for HIV test

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.

Applies to

CASA report

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.

Applies to

Petition

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.

Applies to

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.

Applies to

Protective order

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;

Applies to

Protective order

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;

Applies to

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;

Applies to

Certificate

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.

Applies to

Income and expense declaration

Must include

caption

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:

Applies to

Statement of issues contentions and proposed disposition

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.

Applies to

Ccrc orientation certificate

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.

Applies to

Declaration

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.

Applies to

Papers submitted to counselor

Must include

certificate of service

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.

Applies to

Mediator complaint form

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.

Applies to

Family law facilitator customer complaint form

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.

Applies to

Supervised visitation provider declaration

Supervised visitation providers must file the applicable provider declaration and, for professional providers, the original report for each case in which supervised visitation services are provided.

Providers of Supervised Visitation must adhere to the standards and rules of Family Code §3200 and Standards of Judicial Administration Standard 5.20 and shall complete and file the Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), along with the professional provider’s original report required by Standard 5.20(j)(3); or either a Declaration of Supervised Visitation (Nonprofessional) (form FL-324(NP)) or the Nonprofessional Visitation Monitor Declaration of Qualifications (see Appendix 8.12) for each case wherein supervised visitation services are provided.

Applies to

Judgment

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.

Applies to

Default judgment

A default judgment may not grant relief exceeding that requested in the petition.

Default judgments may not exceed the requested relief in the petition.

Applies to

Default 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.

Applies to

Case management statement

An initial case management statement on Judicial Council form CM-110 must be filed with the court and exchanged among the parties 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.

Applies to

Stipulation

Before receiving access to any tape, a person must sign and file a written stipulation acknowledging receipt of the order, submitting to the court’s jurisdiction, and agreeing to be subject to contempt sanctions for violations.

No person shall be granted access to any tape(s) unless the person has first signed a stipulation in writing stating that he or she has received a copy of this order, that he or she submits to the Court’s jurisdiction with respect to it, and that he or she will be subject to the Court’s contempt powers for any violation of it. The stipulation shall be filed with the above- entitled court.

Applies to

Ex parte request

The Declaration Re: Notice of Ex Parte Hearing must accompany any request for ex parte orders in Humboldt County.

This form is required in Humboldt County, if you are asking the Judge to make immediate orders without the other party being present for a hearing. These orders are called ex parte orders. This form must be completed in any case where ex parte orders are requested.

Applies to

Ex parte request

The ex parte request must provide the represented other party's attorney name and address or, for an unrepresented party, that party's address.

If the other party is represented by an attorney, you must provide the Court with the attorney’s name and address. If the other party is not represented by an attorney, you must provide the Court with the other party’s address.

Applies to

Ex parte request

The notice section must identify the notice method, time, and date; explain how receipt was confirmed; include papers and any response if available; and state whether the other party objects and intends to file a written opposition.

When you give such notice, specify how you did it (by telephone, voice mail message, or in writing, for example) and at what time and date. Explain how you know that the other side received notice and if possible, copies of your papers and what response you were given. You must state whether the other party objects to the request and, if so, whether that party intends to file a written opposition.

Applies to

Ex parte request

If notice was not provided, the requester must check the applicable boxes and explain the reasons notice was not given.

If you did not give notice of this application, in the box marked other, explain why in this section. Check as many boxes as apply. You may also write out any further explanation of your reasons for not giving notice.

Applies to

Ex parte request

The completed notice declaration must be attached to the ex parte request, and both documents must be submitted to the Clerk's Office for review.

After this form is completed, attach it to your ex parte request and submit both documents to the Clerk’s Office where you are submitting your paperwork for review.

Applies to

Civil ex parte application

Any civil ex parte application must state the nature of the emergency and explain why the requested relief cannot be obtained on regular notice.

Please include in any civil ex parte application the nature of the emergency and why the relief cannot be sought on regular notice.

Applies to

Settlement conference statement

Previously filed settlement conference statements must be updated if they are over six months old or if liability or damages have substantially changed.

If prior statements have been filed, the Court requires updated statements if the prior statement is over six (6) months old and/or if there have been substantial changes in liability or damages.

Applies to

Findings and order after hearing

Must include

proposed order

After a hearing, the court may prepare and serve the order, or may require a party or attorney to prepare the proposed order under the applicable rules and timelines.

The court may prepare the Order After Hearing and serve copies on the parties or their attorneys. Alternatively, the court may order one of the parties or attorneys to prepare the proposed order as provided in these rules. Findings and Orders after Hearing shall be prepared pursuant to the timelines and procedures set forth in the California Rules of Court.

Applies to

Proposed long form jury questionnaire

All parties must agree to proposed modifications to the long-form juror questionnaire before it is submitted to the court.

All parties must agree to the proposed modifications prior to submission to the Court.

Applies to

Trial memorandum

A submitted trial memorandum must state the nature of the case, the submitting party's general contentions, and anticipated unusual questions of law in a memorandum of points and authorities.

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.

Applies to

Motion in limine

A motion in limine must identify evidentiary questions to be decided before or during trial and should include points and authorities when appropriate.

Motions in limine shall include any evidentiary questions to be decided prior to, or during, trial, together with points and authorities where appropriate.

Applies to

Jury instructions

Applicable Judicial Council Civil Jury Instructions forms must be used in jury trials, with all blanks completed and necessary changes made.

In jury trials, the instruction forms contained in the latest editions of Judicial Council of California, Civil Jury Instructions shall be used when applicable. Counsel shall fill in all blanks and make any necessary changes on such forms.

Applies to

Jury instruction request

A request for a Judicial Council jury instruction must identify the instruction by title and number.

When requesting a Judicial Council Instruction, counsel shall request such instruction by title and number.

Applies to

Emergency stay application

Emergency stay and other emergency matter applications should include the words “EMERGENCY STAY REQUESTED” in the document caption.

Applications for emergency stays or other emergency matters should be submitted with the words “EMERGENCY STAY REQUESTED” in the caption of the document.

Applies to

Ex parte request

The ex parte request must list all other cases involving the parties, including family law, probate, juvenile, restraining order, child support, civil, and criminal matters; an unavailable case number should be marked unknown, with the filing date and county listed if possible.

It is very important to list all other court cases in which you and the other party have been involved. This includes other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not have the case number, please put unknown and list the date and the county of the filing, if possible.

Applies to

Stipulation

Stipulated settlements are favored and calendared before contested matters.

The settlement of matters resulting in stipulations is favored and will take precedence on the calendar over contested matters.

Applies to

Change of counselor request

A party may request a different Child Custody Recommending Counselor by submitting a written request to the Court Executive Officer that states the reasons for the request.

A party may request a different counselor by written request to the Court Executive Officer, Administration, Room 231, stating the reason(s) for the request.