Lassen Superior Court Document Filing Requirements

CRITICAL

Applies to

Request notification for courtroom audio visual presentation equipment

Beginning August 17, 2026, the revised LSC-MIS-400 must be used for all applicable purposes.

Effective Monday, August 17, 2026, the revised LSC-MIS-400, Request / Notification for Courtroom Audio/Visual Presentation Equipment, posted on the Local Forms page of the Court’s website at www.Lassen.Courts.CA.gov, shall be used for all applicable purposes.

CRITICALCriminal cases

Applies to

Constitutional rights advisory form

At each in-custody initial arraignment, the Constitutional Rights advisory form must include the defendant’s signature, printed name, and case number and attest to advice and understanding of constitutional rights.

All in custody arraignments shall utilize the Constitutional Rights advisory form with the defendant's signature, printed name and case number attesting to having been advised of and understanding their constitutional rights at the initial arraignment.

CRITICALCivil cases

Applies to

Placement change report

Upon each qualifying change in placement, the agency having care and custody must report the listed placement and case information to the court.

It is hereby ordered that upon each change of placement of a ward of this court or a dependent child of this court who is placed outside his or her home by order of the court, the above agency having care and custody of the child shall report to the court, in memorandum form, the following: 1) Name of child, case number, and date of new placement. 2) Name of person or agency with whom child is placed, with the physical address and phone number of the placement. 3) Name of person or agency from whom the child was removed (immediately past placement) and date of removal. 4) Date of last "in placement" visit by probation officer or social worker. 5) Date of last court review hearing. 6) Date of next court review hearing. 7) Name of probation officer or social worker responsible for the case. 8) Brief statement of reason for the change in placement.

CRITICALCriminal cases

Applies to

JV220 application

Each JV220 application in a delinquency case must include the prescribing physician’s summary of behavioral, non-medication, and prior medication interventions attempted.

All applications for psychotropic medication (JV220) to the Lassen County Superior Court for delinquency cases shall include a summary from the prescribing physician regarding all behavioral, non-medication and prior medication interventions attempted to assist the minor in dealing with the presenting mental health, behavioral or medical issues.

CRITICALProposed or draft document; may not be in force

Applies to

Ex parte application

Ex parte applications in the listed case categories must comply with California Rules of Court 3.1200 et seq. and include the specified declaration.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq. and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice;

CRITICALProposed or draft document; may not be in force

Applies to

Pleading

For a law-and-motion matter expected to take more than ten minutes, the parties must notify the court and opposing parties in writing when filing their pleadings and request a long-cause setting.

Counsel or self-represented litigants shall notify the court and opposing parties in writing at the time of filing his or her pleadings that the hearing will necessitate more than ten minutes for hearing, and request a long- cause setting.

CRITICALProposed or draft document; may not be in force

Applies to

Law and motion hearing evidence

Evidence at a law-and-motion hearing must be submitted by affidavit or declaration under penalty of perjury.

Evidence at a law and motion hearing shall be by affidavit or declaration under penalty of perjury (Rule 3.1306.)

CRITICALProposed or draft document; may not be in force

Applies to

Support-related motion, response, or reply

A motion, response, or reply concerning support issues must include a support calculation prepared using Judicial Council-approved software.

All parties shall submit with any motion, response, or reply pertaining to support issues, a support calculation prepared on software approved by Judicial Council.

CRITICALProposed or draft document; may not be in force

Applies to

Preliminary declaration of disclosure

The Preliminary Declaration of Disclosure must include completed income and expense and assets and debts declarations, plus information required by Family Code section 2104; this requirement does not apply to summary dissolutions.

The Preliminary Declaration of Disclosure shall include a completed Income and Expense Declaration, a completed Schedule of Assets and Debts, and any other information that is required pursuant to Family Code section 2104. This does not apply to summary dissolution matters as outlined in Family Code section 2400.

CRITICALProposed or draft document; may not be in force

Applies to

Status conference statement

A Family Law Case Management: Status Conference Statement (LSC-FL-100) is required for each case status conference.

A Family Law Case Management: Status Conference Statement (LSC-FL-100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference.

CRITICALProposed or draft document; may not be in force

Applies to

Consent for court assignment

When a Commissioner hears a Family Law or Restraining Order case under the Presiding Judge’s direction, all parties must file form LSC-FL-200 to consent to the Commissioner acting as a temporary judge.

In circumstances where a Family Law or Restraining Order case is being heard by a Commissioner of the Court under direction of the Presiding Judge, the Court will require the stipulation of parties for said Commissioner to act as temporary judge, in accordance with Article 6, Section 21 of the Constitution of the State of California. This consent is to be obtained via the filing by all parties of the case, form LSC-FL-200, Consent for Court Assignment (Family Law) on the Court.

CRITICALProposed or draft document; may not be in force

Applies to

Marital Settlement Agreement, Marital Termination Agreement, or request for default judgment

A Final Judgment and Notice of Entry of Judgment must accompany every Marital Settlement Agreement, Marital Termination Agreement, and request for default judgment; otherwise, the court will not accept the documents.

A Final Judgment and a Notice of Entry of Judgment shall be submitted with all Marital Settlement Agreements, all Marital Termination Agreements, and all requests for default judgments. If a Final judgment and a Notice of Entry of Judgment is not submitted with the documents listed above, those documents will not be accepted by the court.

CRITICALProposed or draft document; may not be in force

Applies to

Memorandum of Points and Authorities

A criminal Memorandum of Points and Authorities must state the case and/or relevant facts with page references to relied-on materials, and identify the precise factual and legal issues and supporting legal authority.

A Memorandum of Points and Authorities must include a statement of the case and/or a statement of facts setting forth any procedural or factual matters relevant to the issues presented with page reference to any transcript, declaration, or other document to be relied upon at the hearing. The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal authority relied upon for the motion.

CRITICALProposed or draft document; may not be in force

Applies to

Motion

The court will deem a motion abandoned if it is not accompanied by a Memorandum of Points and Authorities.

Absence of a Memorandum of Points and Authorities shall be deemed by the court as an abandonment of the motion.

CRITICALProposed or draft document; may not be in force

Applies to

Memorandum of Points and Authorities supporting a Demurrer, Motion to Dismiss, or Motion to Strike

A defendant’s memorandum supporting a Demurrer, Motion to Dismiss, or Motion to Strike must include a copy of the current Complaint, Information, or Indictment.

In addition to the above requirements, Defendants shall attach a copy of the current Complaint, Information, or Indictment to the Memorandum of Points and Authorities supporting any Demurrer, Motion to Dismiss, or Motion to Strike.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of Demurrer or Motion to Strike

A notice for a Demurrer or Motion to Strike must specify whether the defendant seeks dismissal.

In addition, Demurrers and Motions to Strike shall specify in the notice whether the Defendant seeks to dismiss

CRITICALProposed or draft document; may not be in force

Applies to

Motion

A suppression or return motion must itemize the specific items sought; a general request is deemed abandonment, subject to an exception for items that could not reasonably have been identified earlier.

The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return “all evidence seized,” without greater specificity, is not sufficient and shall be deemed an abandonment of the motion. Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.

CRITICALProposed or draft document; may not be in force

Applies to

Memorandum

The moving party's memorandum must comply with section P's first paragraph and identify the specific factual and legal basis for challenging the search or seizure.

The moving party’s Memorandum of Points and Authorities shall comply with the first paragraph of section P of this rule and shall identify the specific legal and factual basis for claiming the search or seizure to be defective.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of motion

A party unwilling to stipulate to admission of the preliminary examination or grand jury transcript must say so on the first page of the notice of motion or response; otherwise, the party is deemed to stipulate.

When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the Notice of Motion or Response. Failure to so indicate shall be deemed a stipulation to the admission of the transcript into evidence.

CRITICALProposed or draft document; may not be in force

Applies to

Memorandum

If a motion relies in whole or in part on the preliminary hearing, the moving party's memorandum must specify the magistrate's factual findings and legal conclusions.

If the motion is based wholly or in part on the preliminary hearing, the moving party’s Memorandum of Points and Authorities shall specify what factual findings and legal conclusions were made by the magistrate.

CRITICALProposed or draft document; may not be in force

Applies to

Discovery motion

A criminal discovery motion will not be accepted or set for hearing without counsel's perjury declaration describing prior informal efforts and the opposing party's noncompliance with the specified Penal Code provisions.

No motion will be accepted for filing or set for hearing unless there is attached to the moving papers a declaration by counsel, under penalty of perjury, setting forth the previous oral and written efforts to obtain the discovery by cooperative and informal means, and showing how the opposing party has not complied with section 1054.1 or 1054.3 of the Penal Code.

CRITICALProposed or draft document; may not be in force

Applies to

Discovery motion

A criminal discovery motion must be limited to the disputed items or classes of items identified in counsel's declaration.

A discovery motion shall be limited to the actual disputed items or class of items listed in the declaration.

CRITICALProposed or draft document; may not be in force

Applies to

Ex parte application

Ex parte applications must comply with California Rules of Court 3.1200 et seq., give parties notice by 10:00 a.m. on the day before the hearing, and include the specified declaration.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq., with notice to parties by 10:00 a.m. on the day prior to the scheduled hearing date and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice.

CRITICALProposed or draft document; may not be in force

Applies to

Trial readiness declaration

When declaring readiness for trial at or before the Trial Readiness Conference, parties must represent that discovery and subpoenas are complete, substantive motions have been heard, and the matter is ready for trial.

• Before or during the Trial Readiness Conference, when declaring ready for trial, all parties shall represent to the Court that all discovery has been properly provided to all opposing counsel, all substantive motions have been presented and heard by the Court, subpoenas have been served on all potential witnesses, and the matter is ready to proceed to trial.

CRITICALProposed or draft document; may not be in force

Applies to

Motion in limine

Motions in limine must be prepared for the Trial Readiness Conference unless the trial judge orders otherwise.

• Motions in limine shall be prepared for the Trial Readiness Conference unless the trial Judge has ordered differently.

CRITICALProposed or draft document; may not be in force

Applies to

Trial readiness declaration

Counsel’s declaration of trial readiness must encompass all issues necessary to confirm and commence trial on the scheduled trial date.

• The declaration of counsel that the matter is ready for trial shall encompass all issues necessary for the confirmation and commencement of trial on the date the trial is to begin.

CRITICALProposed or draft document; may not be in force

Applies to

Plea in absentia

Where applicable, a defendant may enter a plea in absentia through counsel using the mandatory court form, which both defendant and counsel must sign.

A defendant, in cases where applicable, may enter a plea in absentia through counsel by using Lassen Superior Court’s mandatory form, Plea in Absentia (LSC-CRIM-025). Defendant and counsel are required to sign the form.

CRITICALProposed or draft document; may not be in force

Applies to

Motion in limine

Must include

proposed order

Motions in limine made on the day of trial must be served and filed before trial, be in writing, and include a written proposed order.

Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

CRITICALProposed or draft document; may not be in force

Applies to

Witness list

Counsel and self-represented litigants must provide the court with a written witness list before trial begins.

Counsel and self-represented litigants shall provide a written witness list to the court prior to the opening of trial.

CRITICALProposed or draft document; may not be in force

Applies to

Case statement

In civil cases, counsel and self-represented litigants must provide the court with a brief written statement describing the case before trial begins.

In a civil case, counsel and self-represented litigants shall provide a brief written statement of the nature of the case to the court prior to the opening of trial.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed jury instructions

Counsel and self-represented litigants must submit completed written proposed jury instructions at least five days before trial begins.

No less than five (5) days prior to the date of commencement of trial, counsel and self-represented litigants shall submit to the court proposed jury instructions in completed written form.

CRITICALProposed or draft document; may not be in force

Applies to

Traffic court trial postponement request

A party requesting postponement of a Traffic Court Trial must use local form LSC-TR-100.

A party requesting postponement of a Traffic Court Trial shall use local form LSC-TR-100, Request for Postponement of Traffic Court Trial.

CRITICALProposed or draft document; may not be in force

Applies to

Traffic court trial postponement request

Must include

certificate of service

The postponement request must include the completed Declaration of Service by Mail from form LSC-TR-100, filed with the Court.

The request must be served on the opposing party, and the Declaration of Service by Mail included with form LSC-TR-100 must be completed and filed with the Court.

CRITICALProposed or draft document; may not be in force

Applies to

Traffic court trial postponement objection

An objection to postponing a Traffic Court Trial must use local form LSC-TR-101 or its eDelivery version.

A party objecting to the postponement of a Traffic Court Trial shall use local form LSC-TR-101, Objection to Postponement of Traffic Court Trial, or the eDelivery version thereof available as a separate link within the Traffic section of the Local Forms page on the Court’s website, www.Lassen.Courts.CA.gov.

CRITICALProposed or draft document; may not be in force

Applies to

Forms LSC-TR-100 and LSC-TR-101

Forms LSC-TR-100 and LSC-TR-101 are mandatory-use forms available on the Court’s website under Local Forms.

Forms LSC-TR-100 and LSC-TR-101 are adopted for mandatory use and shall be made available on the Court’s website, www.Lassen.Courts.CA.gov, under Local Forms.

CRITICALProposed or draft document; may not be in force

Applies to

Certificate

An attorney appearing in a dependency matter for the first time must submit the Certificate of Competency form within ten days of that appearance.

An attorney who appears in a dependency matter for the first time shall complete and submit LSC-JVDP-100, Certificate of Competency to Practice in Juvenile Dependency Court, to the court within ten (10) days of his or her first appearance in a dependency matter.

CRITICALProposed or draft document; may not be in force

Applies to

Waiver

In the case of retained counsel, the party who has retained counsel shall file a written waiver with the court, stating that they understand their counsel has failed to meet the minimum standards required by these rules and they in fact waive their counsel’s failure to meet the minimum standards required by these rules.

In the case of retained counsel, the party who has retained counsel shall file a written waiver with the court, stating that they understand their counsel has failed to meet the minimum standards required by these rules and they in fact waive their counsel’s failure to meet the minimum standards required by these rules.

CRITICALProposed or draft document; may not be in force

Applies to

Request for court instructions

Use Judicial Council form JV-100 or JV-180 to inform the court and request direction.

(1) Judicial Council forms JV-100, Juvenile Dependency Petition, or JV-180, Modification Petition Attachment shall be utilized to inform the court and request direction from the court.

CRITICALProposed or draft document; may not be in force

Applies to

Court order

Initial and subsequent appointment orders must specifically delineate the child advocate’s duties in the case.

The court shall, in its initial order of appointment, and thereafter in any subsequent order, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s grandparents and other relatives, and reporting back directly to the court as indicated.

CRITICALProposed or draft document; may not be in force

Applies to

Court order

The appointing judge must sign an order authorizing the advocate to review relevant documents and interview specified people.

To accomplish the appointment of an advocate, the judge 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.

CRITICALProposed or draft document; may not be in force

Applies to

Report

Before filing a report, the submitting party must review it to ensure the proposed findings and orders forms are correctly assembled and attached and that identical copies are submitted to the court.

All reports shall be reviewed by the submitting party prior to filing to ensure the forms for proposed findings and orders are correctly assembled and attached to the report and identical copies are submitted to the court for filing.

CRITICALProposed or draft document; may not be in force

Applies to

Non emergency application petition or report

Non-emergency applications, petitions, and reports will not be accepted for filing without the specified approving and social-worker signatures.

Court Clerks shall not accept for filing any non-emergency applications, petitions, or reports without the approving signature of an attorney with the Office of Lassen County Counsel, or a Social Worker Supervisor on behalf of the reviewing attorney, and the signatures of the requesting or petitioning Social Worker and Social Worker Supervisor of the Lassen County Children and Family Protective Services.

CRITICALProposed or draft document; may not be in force

Applies to

Courtcall appearance request

Each CourtCall appearance request must use the LSC-MIS-025 Request for CourtCall Telephonic Appearance form.

CourtCall appearances are scheduled, in writing, in advance, by serving on all parties to the action and delivering (via fax, mail, or personal delivery) to CourtCall, not less than 5 court days prior to the hearing date, LSC-MIS-025, Request for CourtCall Telephonic Appearance form, and by paying the stated fee or fee waiver for each CourtCall appearance.

CRITICALProposed or draft document; may not be in force

Applies to

Moving or opposing papers

Moving or opposing papers for a CourtCall appearance must include “CourtCall Telephone Appearance” below the title.

(b) Attorneys and self-represented litigants choosing to make a CourtCall appearance shall place the phrase “CourtCall Telephone Appearance” below the title of the moving or opposing papers.

CRITICALProposed or draft document; may not be in force

Applies to

Opposition

A defendant may oppose this request by filing Judicial Council form RA-015 with the court and serving all parties.

A defendant may oppose this request by filing Judicial Council form RA-015 with the court and serving all parties.

CRITICALProposed or draft document; may not be in force

Applies to

Witness remote appearance request

A witness remote-appearance request must be written; the calling party’s attorney may file form RA-025 and serve all parties by an authorized means at least three court days before the hearing.

Requests for a witness to appear by Remote Appearance must be made in writing, the attorney for the party calling the witness may make a request on behalf of the witness by filing form RA-025 and serving a copy on all parties by any means authorized by law no later than three (3) court days before the hearing.

CRITICALProposed or draft document; may not be in force

Applies to

Case management statement

Parties must use the CM-110 form and complete all applicable items.

Parties must use the mandatory CM-110, Case Management Statement form. All applicable items on the form must be completed.

CRITICALProposed or draft document; may not be in force

Applies to

Case management statement

The case management statement must specifically describe the case, claims, causes of action, and any damages, including the specific injury and dollar amount when monetary damages are sought.

Parties shall provide a statement of the case, including any damages, with sufficient detail and specificity. The claims and causes of action must be clearly identified and adequately described. The nature and amount of damages must be clearly identified and adequately described, to include the specific injury and specific dollar amount if monetary damages are sought. Indicating “nature and amount of damages to be determined” or other non-specific statements regarding damages will be deemed insufficient and non-compliant with this local rule.

CRITICALProposed or draft document; may not be in force

Applies to

Case management statement

The case management statement must report whether discovery is complete and, if not, identify the party, incomplete discovery, and specific completion dates in substantial detail.

Parties must indicate whether or not all discovery has been completed. If all discovery has not been completed, parties shall describe in substantial detail: (1) the identity of the party with incomplete discovery; (2) the description of the incomplete discovery; and (3) the specific dates by which the incomplete discovery will be completed. Indicating “pursuant to code” or other non-specific statements regarding the date by which incomplete discovery will be completed will be deemed insufficient and non- compliant with this local rule.

CRITICALProposed or draft document; may not be in force

Applies to

Adr stipulation

If all parties agree to use ADR, they must jointly complete the prescribed ADR stipulation form and file it with the court.

If all parties agree to use an ADR process, they must jointly complete the ADR stipulation form provided for under California Rules of Court 3.221 and file it with the court.

CRITICALProposed or draft document; may not be in force

Applies to

Petition for compromise

A verified petition for approval of a minor or incompetent person’s compromise must comply with the cited rules and include the specified personal, injury, medical, claim, settlement, expense, depository, and attorney-fee information.

A petition for court approval of a compromise or covenant not to sue pursuant to Probate Code section 2504 or 3500 shall be verified by the petitioner and must comply with California Rules of Court, Rule 3.1384, Rules 7.950 – 7.955, and shall include: (1) The name, birth date, age, and sex of the minor or incompetent person; (2) The nature and extent of the injury giving rise to the claim with sufficient particularity to inform the court whether such injury is permanent or temporary; (3) A doctor’s report containing a diagnosis of the injury, a current report of present condition, and prognosis for future medical care; (4) The facts and circumstances out of which the claim or injury arose, including the time, place, and persons involved; (5) A full disclosure of all information concerning the reasonableness of the proposed compromise of covenant not to sue, including the amounts, if any, paid or to be paid to other claimants; (6) If the settlement is structured, the present cash value of the settlement; (7) A summary of all medical expenses paid or owing to each health care provider, and the source of any payments; (8) If the money is to be deposited in an account subject to withdrawal only upon order of the court, the name, and address of the depository; and (9) The amount of attorneys’ fees requested.

CRITICALProposed or draft document; may not be in force

Applies to

Petition for withdrawal of funds

A withdrawal petition must be verified by the guardian, conservator, or trustee and, for a competent minor at least 12 years old, by the minor; it must state the minor’s current age, the balance on deposit, and the amount and purpose of the withdrawal.

Petition for withdrawal of funds. A petition for withdrawal of money deposited in a bank, trust company, or savings and loan association on behalf of a minor or incompetent person shall be verified by the guardian, conservator, or trustee and, in the case of a competent minor, by such minor if the minor is at least 12 years of age. The petition for withdrawal shall contain the current age of the minor, the current amount on deposit, the amount and purpose of the present withdrawal.

CRITICALProposed or draft document; may not be in force

Applies to

Motion for augmentation or correction of record

Motions to augment or correct the record, or add omitted record portions, must state good cause for the omission and identify prior motions granted or denied after the notice of appeal.

All motions for augmentation and correction of the record pursuant to Rule 8.841, California Rules of Court, and motions for the addition of omitted portions of the record pursuant to Rule 8.841, California Rules of Court, shall set forth the facts showing: 1) good cause why the materials have not been included in the record on appeal; and 2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.

CRITICALProposed or draft document; may not be in force

Applies to

Motion for augmentation or correction of record

These motions must identify each requested paper, record, or exhibit, or identify the requested transcript portion by subject, date, and department.

All such motions shall specifically identify each paper, record, or exhibit that is being requested and/or specifically identify, by subject, date, and department what portion of the proceedings before the trial court is being requested to be transcribed.

CRITICALProposed or draft document; may not be in force

Applies to

Fax filed document

Each fax-filed document must state “By Fax” immediately below its title.

Each document transmitted for fax filing shall contain the phrase “By Fax” immediately below the title of the document.

CRITICALProposed or draft document; may not be in force

Applies to

Fax filing

Appellate Division fax filings must include form LSC-APL-100 as the first transmitted page, with the Telephone No and E-Mail Address fields completed.

Filings by fax in the Appellate Division shall be accompanied by Appeal Facsimile Transmission Cover Sheet (LSC-APL-100). The cover sheet shall be the first page transmitted. Telephone No and E-Mail Address fields on the cover sheet are deemed required.

CRITICALProposed or draft document; may not be in force

Applies to

Electronically filed document

Each electronically filed document must state “Electronically Submitted” immediately below its title.

Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.

CRITICALProposed or draft document; may not be in force

Applies to

Electronic filing

Electronic filings must include a cover sheet containing the court’s contact information, filer contact information, submission date, document submitted, and total page count.

Electronic filings shall be accompanied by a cover sheet with the following information: TO: Appellate Division of the Superior Court 2610 Riverside Drive Susanville, CA 96130 Telephone Number: 530-251-8205 Email Address: appellatedivision@lassencourt.ca.gov NAME, ADDRESS, TELEPHONE NUMBER & EMAIL ADDRESS OF PARTY MAKING FILING DATE SUBMITTED DOCUMENT SUBMITTED TOTAL NUMBER OF PAGES

CRITICALProposed or draft document; may not be in force

Applies to

Criminal protective order

The specified Judicial Council Form CR-160 shall be used for the described criminal protective orders.

Judicial Council Form CR-160, Criminal Protective Order-Domestic Violence under Penal Code section 136.2 and 1203.097(a)(2) and Family Code section 6380, shall be utilized to protect victims of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence by the defendant.

CRITICALProposed or draft document; may not be in force

Applies to

Criminal protective order

The District Attorney’s Office shall prepare the CR-160 form and submit it to the court for issuance of the order.

A. The District Attorney’s Office shall prepare the CR-160, Criminal Protective Order- Domestic Violence, and submit the form to the court for issuance of the order.

CRITICALProposed or draft document; may not be in force

Applies to

Documents served on the other party

Must include

certificate of service

Documents served on the other party must be accompanied by a proof of service form submitted to Family Court Services before review.

A proof of service form stating that the other party was provided with copies of any information must be submitted to Family Court Services with all documents served on the other party before review by the child custody recommending counselor/evaluator/mediator.

CRITICALProposed or draft document; may not be in force

Applies to

Nonprofessional supervised visitation provider declaration

Before supervising a visitation, a nonprofessional provider must sign and file Form FL-324(NP) declaring that the provider meets the requirements.

Before supervising a visitation, nonprofessional providers must sign and file with the court Judicial Council Form FL-324(NP), Declaration of Supervised Visitation Provider (Nonprofessional) stating that they have met all requirements to be a nonprofessional provider.

CRITICALProposed or draft document; may not be in force

Applies to

Professional supervised visitation provider declaration

Before providing supervised visitation services, a professional provider must complete the listed qualifications and file Form FL-324(P) with the court.

A professional provider must complete a Live Scan, register as a Trustline provider, meet specific training requirements (California Rules of Court 5.20 (f)), and file a completed Judicial Council Form FL-324(P), Declaration of Supervised Visitation Provider (Professional) form with the court before providing supervised visitation services.

CRITICALProposed or draft document; may not be in force

Applies to

Professional supervised visitation provider declaration

A professional provider must sign a separate, updated Form FL-324(P) each time the provider submits a report to the court.

The professional provider must sign a separate, updated form FL-324(P) each time the professional provider submits a report to the court.

CRITICALProposed or draft document; may not be in force

Applies to

Declaration

The declaration filed after a provider’s notice of ineligibility must contain all pertinent information about the provider’s disqualification.

Within five days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s disqualification.

CRITICALProposed or draft document; may not be in force

Applies to

Statement of compliance

Before becoming eligible for appointment, counsel must submit a declaration of compliance using form FL-322.

Prior to becoming eligible for appointment as counsel for minor children, attorneys satisfying the preliminary educational and experience requirements must submit to the court a statement of compliance in the form of a declaration indicating compliance with the requirements of this rule. Counsel must use form FL-322, Declaration of Counsel for a Child Regarding Qualifications for this purpose.

CRITICALProposed or draft document; may not be in force

Applies to

Statement of compliance

Eligible counsel must submit a new FL-322 statement of compliance by the specified February 28 deadline every three years, include the required annual education statement, and attach certificates with specified course and training details.

On or before February 28 on the third year after the year in which the attorney is first certified and then every third year thereafter, attorneys eligible for family law appointment must submit a new statement of compliance. The new statement of compliance must include a statement that the attorney has completed an annual minimum of eight (8) hours per year of applicable education and training. Form FL-322, Declaration of Counsel for a Child Regarding Qualifications, must be used for the purpose of submitting a new statement of compliance. As evidence of completing the minimum of eight (8) hours per year of continuing education required by this rule, the attorney shall attach certificates of completion to the new statement of compliance. Certificates of completion must include the name of the courses, course descriptions, where courses were offered, number of hours of training attended, dates of the training, and the names of the training providers.

CRITICALProposed or draft document; may not be in force

Applies to

Appointment qualification certification

Counsel must certify their qualifications to the court before becoming eligible for appointment.

Each counsel must certify to the court that he or she is qualified for appointment prior to establishing eligibility for appointment under this rule.

CRITICALProposed or draft document; may not be in force

Applies to

Continuing education certification

Appointed counsel must certify completion of the preceding year’s required continuing education to the court before March 31 each year.

Each appointed counsel must certify to the court before March 31st of each year that he or she has completed the required continuing education for the preceding calendar year.

CRITICALProposed or draft document; may not be in force

Applies to

Appointment qualification certification

Counsel must use Judicial Council Form GC-010 to satisfy the rule’s certification requirement.

Judicial Council Form GC-010, Certification of Attorney Concerning Qualifications for Court Appointment in Conservatorships/Guardianships, must be used for satisfying the requirement of this rule.

CRITICALProposed or draft document; may not be in force

Applies to

Review request

Requests for review concerning court administration, policy, procedure, services, facilities, or staff must be submitted in writing to Court Administration.

A person requesting review of a complaint, concern, or request relating to court administration, court policy, court procedure, court services, court facilities, or court staff shall submit the information in writing to Court Administration.

CRITICALProposed or draft document; may not be in force

Applies to

Request for appointment of official reporter pro tempore

Parties retaining a reporter must file the specified appointment request with the court at least 5 days before the hearing, unless the Court orders otherwise.

Parties retaining a reporter must file form LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore with the court at least 5 days prior to the hearing unless the Court orders otherwise.

CRITICALProposed or draft document; may not be in force

Applies to

Official reporter pro tempore appointment

A privately retained reporter must be appointed as an official reporter pro tempore before the hearing begins.

When a party arranges for a reporter, the reporter must be appointed as an official reporter pro tempore before the hearing begins.

CRITICALProposed or draft document; may not be in force

Applies to

Official reporter pro tempore appointment order

The Judicial Officer must sign the reporter’s appointment order using form LSC-MIS-200 before the reporter may report the proceeding.

The Judicial Officer must sign the order appointing the reporter as an official reporter pro tempore, using the LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore, before the reporter may report the proceeding.

CRITICALProposed or draft document; may not be in force

Applies to

Fax filing

Fax filings must begin with Judicial Council form MC-005 as the first transmitted sheet.

The first sheet transmitted shall be the Judicial Council Facsimile Transmission Cover Sheet (form MC-005.)

CRITICALProposed or draft document; may not be in force

Applies to

Fax filing cover sheet

Fax filing cover sheets must include the Telephone No and E-Mail Address fields.

For purposes of facsimile filings in this court, the Telephone No and E-Mail Address fields on the cover sheet are deemed required.

CRITICALProposed or draft document; may not be in force

Applies to

Fax filing cover sheet

When payment is required, fax cover sheets must include card information and the security code, except that no card information is required for fees covered by an approved fee waiver.

If payment is required and no approved fee waiver applies to the applicable feeNotwithstanding a Fee Waiver, credit/debit card information must be included on the cover sheet including the 3 or 4 digit security code or CVV. Parties filing under an approved fee waiver are not required to provide credit/debit card information for fees covered by the approved fee waiver.

CRITICALProposed or draft document; may not be in force

Applies to

Juvenile dependency fax filing

Each juvenile dependency fax filing must include form JV-520 as its first transmitted page.

Each document must be accompanied by Judicial Council form Facsimile Filing Cover Sheet – Juvenile (JV-520), which shall be the first page transmitted.

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

Initial applications for ancillary defense expenses must be submitted by ex parte motion to the assigned judicial officer with a supporting declaration containing the information required by subsection C.

All initial applications for the authorization of ancillary defense expenses shall be submitted by ex parte motion to the judicial officer assigned to the case. The application shall be accompanied by a declaration with the information described in subsection C below.

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

The supporting declaration must summarize the charged offense’s circumstances or provide facts showing that ancillary defense funding is necessary in the interests of justice.

(i) A summary of the circumstances of the charged offense or facts that demonstrate why funding of ancillary defense expenses is necessary in the interests of justice;

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

The supporting declaration must state the status of the case.

(ii) The status of the case;

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

The supporting declaration must identify the funds’ specific purpose, describe the services, and explain why they are reasonably necessary for the defense.

(iii) The specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case;

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

The supporting declaration must identify each proposed service provider and state the provider’s hourly rate, maximum expected charge, non-mileage travel expenses, and other special expenses.

(iv) The name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel- related expenses other than mileage, and any other special expenses.

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

A request for multiple experts on a single or common issue must demonstrate compelling necessity.

Counsel and self-represented defendants seeking the services of multiple experts relating to a single or common issue must demonstrate a compelling necessity for such use of multiple experts.

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

A reimbursement request must represent that the requested rate does not exceed the investigator’s or expert’s customary rate for the services performed.

In addition, counsel and self-represented defendants must include in the request for reimbursement a representation that the rate requested: a. does not exceed the investigator’s or expert’s customary rates for services performed,

CRITICALProposed or draft document; may not be in force

Applies to

Ancillary defense expense application

A reimbursement request must represent that the requested rate does not exceed local prevailing rates for the services performed.

b. does not exceed local prevailing rates for the services performed.

CRITICALProposed or draft document; may not be in force

Applies to

Application for travel expenses

Applications requesting travel expenses to interview witnesses must include a declaration addressing the listed topics.

Applications that include a request for travel expenses to interview witnesses must contain, in addition to the requirements above, a declaration setting forth: a. The relevance and materiality of the witness’ proposed testimony; b. An explanation as to why a telephone interview or an interview conducted remotely would not suffice; c. An explanation as to why it would not be practical to utilize the services of an investigator in the area where the witness lives; d. Whether it would be feasible to fly the witness to the Reno- Tahoe International Airport for an interview, with a return flight the same day, to avoid the expense of overnight travel for the investigator; and e. A representation that the applicant has endeavored to secure the lowest possible airfare.

CRITICALProposed or draft document; may not be in force

Applies to

Expert expense application

When the defense retains an expert located more than 175 miles from the court, the declaration must explain in detail why local experts could not provide similar services.

If the defense retains an expert located more than 175 miles from the Lassen Superior Court, the declaration shall explain in detail why local experts could not be employed to provide similar services.

CRITICALProposed or draft document; may not be in force

Applies to

Additional expert services request

Any additional request for expert services must include an expert report or declaration explaining the need for those services.

Any additional request for the services of an expert must be accompanied by a report or declaration of the expert explaining the need for additional services.

CRITICALProposed or draft document; may not be in force

Applies to

Supplemental funding request

A supplemental funding application must identify itself as supplemental in its heading and include a declaration with the specified funding history, billing, balance, and remaining-services information.

Each application for additional funding for a previously authorized service provider (investigator, expert, or other) shall state, in the heading of the pleading, that it is a supplemental request, and shall include a declaration setting forth: (i) The date and amount of previous funding authorizations for the service provider; (ii) The amount of any billings for services completed by the service provider and a general summary of those completed services; (iii) The remaining balance from funds previously authorized for the service provider; (iv) A detailed description of the services remaining to be performed.

CRITICALProposed or draft document; may not be in force

Applies to

Elisor application

Must include

proposed order

An elisor application and proposed order must use the specified clerk designation, identify the parties and signing capacities, and not name a specific court employee.

When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Court or Clerk’s Designee” as the elisor and specifically name the parties for whom the elisor is being appointed and in what capacity they are to sign the document. The application must not set forth a specific court employee.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed order

The proposed order must identify the documents to be signed and include copies, and each original presented to the elisor must match its attached copy.

The order must expressly identify the document(s) being signed and a copy of the document must be attached to the proposed order. The original document, presented for signature by the elisor, must match the copy of the document attached to the proposed order.

CRITICALProposed or draft document; may not be in force

Applies to

Elisor application

The declaration supporting an elisor application must state specific facts establishing why the appointment is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor.

CRITICALProposed or draft document; may not be in force

Applies to

Elisor application

If an elisor will sign documents requiring notarization, the applicant must arrange for a notary public to be present at signing.

If the elisor is signing documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s).

CRITICALProposed or draft document; may not be in force

Applies to

Filing

Presenting a filing certifies that it resulted from reasonable inquiry and that its authorities, quotations, citations, and factual assertions were reviewed for accuracy.

By presenting a filing to the Court, the attorney or self-represented litigant certifies that the filing is the product of reasonable inquiry and that any legal authority, quotation, citation, or factual assertion contained in the filing has been reviewed for accuracy.

CRITICALProposed or draft document; may not be in force

Applies to

Psychotropic medication application

Psychotropic medication authorization applications must comply with the cited statutes, court rule, and applicable Judicial Council forms.

Applications for authorization to administer psychotropic medication shall comply with Welfare and Institutions Code sections 369.5 and 739.5, California Rules of Court, rule 5.640, and all applicable Judicial Council forms.

CRITICALProposed or draft document; may not be in force

Applies to

Psychotropic medication application

A psychotropic medication application must use Judicial Council form JV-220 and include any supporting materials required by law.

An application for psychotropic medication shall be submitted on Judicial Council form JV-220, Application for Psychotropic Medication, together with any required attachments, notices, proofs of notice, physician statements, or related forms required by law.

CRITICAL

Applies to

Ex parte application

Ex parte applications must comply with California Rules of Court 3.1200 et seq. and include the LSC-FL-120 Declaration Regarding Ex Parte Notice.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq. and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice;

CRITICAL

Applies to

Pleadings

For a law-and-motion matter expected to take more than ten minutes, counsel or self-represented litigants must notify the court and opposing parties in writing when filing pleadings and request a long-cause setting.

Any matter coming on a law and motion calendar that will, in the opinion of either counsel or self-represented litigants, require more than ten minutes to be heard will be heard as a setting for a long-cause hearing. Counsel or self-represented litigants shall notify the court and opposing parties in writing at the time of filing his or her pleadings that the hearing will necessitate more than ten minutes for hearing, and request a long- cause setting.

CRITICAL

Applies to

Law and motion evidence

Evidence at a law-and-motion hearing must be submitted by affidavit or declaration under penalty of perjury.

Evidence at a law and motion hearing shall be by affidavit or declaration under penalty of perjury (Rule 3.1306.)

CRITICAL

Applies to

Exhibit

Party-submitted exhibits must use numbered designations for Plaintiff/Petitioner/People exhibits and alphabetical designations for Defendant/Respondent/Cross Defendant exhibits.

All exhibits submitted to the court by parties must reflect the correct designation of parties such as Plaintiff/Petitioner/People exhibits are numbered designations, Defendant/Respondent/Cross Defendant exhibits are alphabetical designations.

CRITICAL

Applies to

Motion response or reply pertaining to support issues

Parties must submit a Judicial Council-approved software support calculation with motions, responses, and replies concerning support issues.

All parties shall submit with any motion, response, or reply pertaining to support issues, a support calculation prepared on software approved by Judicial Council.

CRITICAL

Applies to

Preliminary declaration of disclosure

A Preliminary Declaration of Disclosure must include completed Income and Expense and Assets and Debts declarations, plus information required by Family Code section 2104; this requirement does not apply to summary dissolution matters.

The Preliminary Declaration of Disclosure shall include a completed Income and Expense Declaration, a completed Schedule of Assets and Debts, and any other information that is required pursuant to Family Code section 2104. This does not apply to summary dissolution matters as outlined in Family Code section 2400.

CRITICAL

Applies to

Family law case management status conference statement

The Family Law Case Management: Status Conference Statement (LSC-FL-100) must be filed and served on all other parties at least five calendar days before each status conference.

(b) A Family Law Case Management: Status Conference Statement (LSC-FL-100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference.

CRITICAL

Applies to

Trial setting documents

The party who filed the At-Issue Memorandum must serve and file the listed declarations and settlement conference statement at least 30 days before the first trial setting conference.

(1) The party who has filed the At-Issue Memorandum shall serve and file at least thirty (30) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Settlement Conference Statement (LSC-FL-101).

CRITICAL

Applies to

Trial setting documents

(3) The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following:

(3) The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following:

CRITICAL

Applies to

Consent for court assignment

In the specified Family Law or Restraining Order cases heard by a commissioner, all parties must file form LSC-FL-200 consenting to the commissioner acting as temporary judge.

In circumstances where a Family Law or Restraining Order case is being heard by a Commissioner of the Court under direction of the Presiding Judge, the Court will require the stipulation of parties for said Commissioner to act as temporary judge, in accordance with Article 6, Section 21 of the Constitution of the State of California. This consent is to be obtained via the filing by all parties of the case, form LSC-FL-200, Consent for Court Assignment (Family Law) on the Court.

CRITICAL

Applies to

Marital settlement agreement, marital termination agreement, default judgment request

Marital settlement agreements, marital termination agreements, and requests for default judgment must be submitted with a Final Judgment and Notice of Entry of Judgment or the court will not accept them.

A Final Judgment and a Notice of Entry of Judgment shall be submitted with all Marital Settlement Agreements, all Marital Termination Agreements, and all requests for default judgments. If a Final judgment and a Notice of Entry of Judgment is not submitted with the documents listed above, those documents will not be accepted by the court.

CRITICAL

Applies to

Criminal motion

Must include

legal argument

Unless an exception applies, criminal moving papers must include a Memorandum of Points and Authorities.

Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities

CRITICAL

Applies to

Memorandum of points and authorities

A criminal motion memorandum must present relevant case or factual information with page references and identify the precise issues and supporting legal authority.

A Memorandum of Points and Authorities must include a statement of the case and/or a statement of facts setting forth any procedural or factual matters relevant to the issues presented with page reference to any transcript, declaration, or other document to be relied upon at the hearing. The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal authority relied upon for the motion.

CRITICAL

Applies to

Criminal motion

The court will deem a motion abandoned if it is not accompanied by a Memorandum of Points and Authorities.

Absence of a Memorandum of Points and Authorities shall be deemed by the court as an abandonment of the motion.

CRITICAL

Applies to

Memorandum of points and authorities

A defendant supporting a demurrer, motion to dismiss, or motion to strike must attach the current charging document to the supporting memorandum.

In addition to the above requirements, Defendants shall attach a copy of the current Complaint, Information, or Indictment to the Memorandum of Points and Authorities supporting any Demurrer, Motion to Dismiss, or Motion to Strike.

CRITICAL

Applies to

Demurrer, motion to strike

A demurrer or motion to strike must state in its notice whether it challenges the entire charging document and, if not, identify the specific portions challenged.

In addition, Demurrers and Motions to Strike shall specify in the notice whether the Defendant seeks to dismiss or strike the entire Complaint, Information, or Indictment. If Defendant does not seek to dismiss or strike the entire Complaint, Information, or Indictment, Defendant shall set forth in the Notice of Motion the counts, enhancements, allegations, special circumstances, or other aspects of the Complaint, Information, or Indictment Defendant seeks to dismiss or strike.

CRITICAL

Applies to

Motion

A suppression or return motion must specifically itemize the requested items; a general request is insufficient and deemed an abandonment.

The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return “all evidence seized,” without greater specificity, is not sufficient and shall be deemed an abandonment of the motion.

CRITICAL

Applies to

Memorandum of points and authorities

The memorandum must comply with section P’s first paragraph and identify the specific factual and legal basis for the claimed defect in the search or seizure.

The moving party’s Memorandum of Points and Authorities shall comply with the first paragraph of section P of this rule and shall identify the specific legal and factual basis for claiming the search or seizure to be defective.

CRITICAL

Applies to

Moving papers

If relevant, the moving papers must include legible copies of the search warrant, supporting affidavit, and return and inventory.

If relevant to the motion, legible copies of the Search Warrant, Affidavit in support of the warrant, and Return and Inventory shall be appended to the moving papers.

CRITICAL

Applies to

Notice of motion or response

A party unwilling to stipulate to admission of the transcript must say so on the first page of the notice of motion or response; otherwise, the party is deemed to stipulate.

When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the Notice of Motion or Response. Failure to so indicate shall be deemed a stipulation to the admission of the transcript into evidence.

CRITICAL

Applies to

Memorandum of points and authorities

If a motion relies in whole or in part on the preliminary hearing, the memorandum must specify the magistrate’s factual findings and legal conclusions.

If the motion is based wholly or in part on the preliminary hearing, the moving party’s Memorandum of Points and Authorities shall specify what factual findings and legal conclusions were made by the magistrate.

CRITICAL

Applies to

Discovery motion

A criminal discovery motion will not be accepted or set for hearing unless counsel attaches a declaration under penalty of perjury describing prior informal discovery efforts and the opposing party’s noncompliance.

No motion will be accepted for filing or set for hearing unless there is attached to the moving papers a declaration by counsel, under penalty of perjury, setting forth the previous oral and written efforts to obtain the discovery by cooperative and informal means, and showing how the opposing party has not complied with section 1054.1 or 1054.3 of the Penal Code.

CRITICAL

Applies to

Ex parte application

Every ex parte application must include LSC-FL-120, Declaration Regarding Ex Parte Notice.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq., with notice to parties by 10:00 a.m. on the day prior to the scheduled hearing date and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice.

CRITICAL

Applies to

Plea in absentia form

A defendant, in cases where applicable, may enter a plea in absentia through counsel by using Lassen Superior Court’s mandatory form, Plea in Absentia (LSC-CRIM-025). Defendant and counsel are required to sign the form.

A defendant, in cases where applicable, may enter a plea in absentia through counsel by using Lassen Superior Court’s mandatory form, Plea in Absentia (LSC-CRIM-025). Defendant and counsel are required to sign the form.

CRITICAL

Applies to

Ability to pay written petition

A defendant may request a determination of ability to pay online through MyCitations.Courts.CA.gov pursuant to CRC 4.335 or by written petition by filing Judicial Council form TR-320 on the Court pursuant to CRC 4.335(c)(3).

A defendant may request a determination of ability to pay online through MyCitations.Courts.CA.gov pursuant to CRC 4.335 or by written petition by filing Judicial Council form TR-320 on the Court pursuant to CRC 4.335(c)(3).

CRITICAL

Applies to

Witness list

Counsel and self-represented litigants must provide the court a written witness list before trial opens.

Counsel and self-represented litigants shall provide a written witness list to the court prior to the opening of trial.

CRITICAL

Applies to

Statement of case

In civil cases, counsel and self-represented litigants must provide the court a brief written statement of the case’s nature before trial opens.

In a civil case, counsel and self-represented litigants shall provide a brief written statement of the nature of the case to the court prior to the opening of trial.

CRITICAL

Applies to

Jury instructions

Proposed jury instructions must be submitted in completed written form.

No less than five (5) days prior to the date of commencement of trial, counsel and self-represented litigants shall submit to the court proposed jury instructions in completed written form.

CRITICAL

Applies to

Certificate of competency

A renewal Certificate of Competency must include evidence of at least eight hours of continuing training or education related to dependency proceedings since the prior certification.

The attorney shall attach to the renewal Certificate of Competency evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.

CRITICAL

Applies to

Written waiver

When retained counsel fails to meet the minimum standards, the retaining party must file a written waiver acknowledging and waiving that failure.

In the case of retained counsel, the party who has retained counsel shall file a written waiver with the court, stating that they understand their counsel has failed to meet the minimum standards required by these rules and they in fact waive their counsel’s failure to meet the minimum standards required by these rules.

CRITICAL

Applies to

Written waiver

When retained counsel fails to complete the required continuing training, the retaining party must file a written waiver acknowledging and waiving that failure.

In the case of retained counsel, the party who has retained counsel shall file a written waiver with the court, stating that they understand their counsel has failed to meet the minimum standards required by these rules and they in fact waive their counsel’s failure to meet the standards required by these rules.

CRITICAL

Applies to

Request for court direction

Use Judicial Council form JV-100 or JV-180 to inform the court and request direction.

(1) Judicial Council forms JV-100, Juvenile Dependency Petition, or JV-180, Modification Petition Attachment shall be utilized to inform the court and request direction from the court.

CRITICAL

Applies to

Child advocate oath

Before beginning duties, each advocate must be sworn in by a Superior Court judge and subscribe to a written oath.

Each advocate shall be sworn in by a Superior Court judge before beginning his/her duties and shall subscribe to a written oath.

CRITICAL

Applies to

Juvenile dependency case

CPS must provide an appropriate court-file photo of each minor in every open juvenile dependency case and within a reasonable time after a new petition is filed.

Lassen County Family & Child Protective Services (CPS) is directed to provide the Court with a photo of each minor who is subject of a juvenile dependency case. The photo shall be appropriate for the Court’s file. Photos shall be provided for all cases currently open and shall be provided for new cases within a reasonable time of the filing of the petition.

CRITICAL

Applies to

Documents filed in case

For every document filed in the case, provide one original to the court; the submitting party may also provide enough copies for endorsement and service on all parties.

For all documents filed in the case, one original shall be provided to the court, and the submitting party may submit the necessary number of copies to endorse to serve all parties.

CRITICAL

Applies to

Documents filed in case

All copies of a filed document, including attachments and copies for endorsement or service on counsel, must be identical to the original.

For all documents filed in the case, all copies of the original document, including attachments, all copies to be endorsed or copies served on counsel must be identical.

CRITICAL

Applies to

Report

Before filing, the submitting party must review reports to ensure proposed findings and order forms are correctly assembled, attached, and submitted in identical copies to the court.

All reports shall be reviewed by the submitting party prior to filing to ensure the forms for proposed findings and orders are correctly assembled and attached to the report and identical copies are submitted to the court for filing.

CRITICAL

Applies to

Non emergency application petition or report

Court Clerks shall not accept for filing any non-emergency applications, petitions, or reports without the approving signature of an attorney with the Office of Lassen County

Court Clerks shall not accept for filing any non-emergency applications, petitions, or reports without the approving signature of an attorney with the Office of Lassen County

CRITICAL

Applies to

Moving or opposing papers

Papers associated with a CourtCall appearance must include “CourtCall Telephone Appearance” below the title.

(b) Attorneys and self-represented litigants choosing to make a CourtCall appearance shall place the phrase “CourtCall Telephone Appearance” below the title of the moving or opposing papers.

CRITICAL

Applies to

Witness remote appearance request

A request for a witness to appear remotely must be made in writing.

Requests for a witness to appear by Remote Appearance must be made in writing

CRITICAL

Applies to

Case management statement

Parties must use the mandatory CM-110 form and complete all applicable items.

Parties must use the mandatory CM-110, Case Management Statement form. All applicable items on the form must be completed.

CRITICAL

Applies to

Case management statement

The case management statement must describe the case and claims with sufficient detail and identify the nature and amount of damages, including the specific injury and dollar amount when monetary damages are sought; nonspecific damage statements are insufficient.

Parties shall provide a statement of the case, including any damages, with sufficient detail and specificity. The claims and causes of action must be clearly identified and adequately described. The nature and amount of damages must be clearly identified and adequately described, to include the specific injury and specific dollar amount if monetary damages are sought. Indicating “nature and amount of damages to be determined” or other non-specific statements regarding damages will be deemed insufficient and non-compliant with this local rule.

CRITICAL

Applies to

Case management statement

The case management statement must state whether discovery is complete and, if not, identify the party and incomplete discovery and specify completion dates; nonspecific completion dates are insufficient.

Parties must indicate whether or not all discovery has been completed. If all discovery has not been completed, parties shall describe in substantial detail: (1) the identity of the party with incomplete discovery; (2) the description of the incomplete discovery; and (3) the specific dates by which the incomplete discovery will be completed. Indicating “pursuant to code” or other non-specific statements regarding the date by which incomplete discovery will be completed will be deemed insufficient and non- compliant with this local rule.

CRITICAL

Applies to

Case management statement

For each further case management conference, parties have the same case-management-statement filing and service duties as for the first conference.

After the first case management conference, the court will normally set one or a series of further case management conferences, for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel).

CRITICAL

Applies to

Petition for court approval of compromise

A compromise-approval petition must be verified, comply with the cited California Rules of Court, and include the specified information and supporting materials.

A petition for court approval of a compromise or covenant not to sue pursuant to Probate Code section 2504 or 3500 shall be verified by the petitioner and must comply with California Rules of Court, Rule 3.1384, Rules 7.950 – 7.955, and shall include: (1) The name, birth date, age, and sex of the minor or incompetent person; (2) The nature and extent of the injury giving rise to the claim with sufficient particularity to inform the court whether such injury is permanent or temporary; (3) A doctor’s report containing a diagnosis of the injury, a current report of present condition, and prognosis for future medical care; (4) The facts and circumstances out of which the claim or injury arose, including the time, place, and persons involved; (5) A full disclosure of all information concerning the reasonableness of the proposed compromise of covenant not to sue, including the amounts, if any, paid or to be paid to other claimants; (6) If the settlement is structured, the present cash value of the settlement; (7) A summary of all medical expenses paid or owing to each health care provider, and the source of any payments; (8) If the money is to be deposited in an account subject to withdrawal only upon order of the court, the name, and address of the depository; and (9) The amount of attorneys’ fees requested. The court will use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability. In computing fees, the expenses of litigation to be reimbursed shall not be included in the “amount recovered” for the purpose of fixing fees. Such expenses of litigation shall be separately itemized. Except in cases of hardship, parents should pay their proportionate share of attorneys’ fees and costs.

CRITICAL

Applies to

Petition for withdrawal of funds

Petition for withdrawal of funds. A petition for withdrawal of money deposited in a bank, trust company, or savings and loan association on behalf of a minor or incompetent person shall be verified by the guardian, conservator, or trustee and, in the case of a competent minor, by such minor if the minor is at least 12 years of

Petition for withdrawal of funds. A petition for withdrawal of money deposited in a bank, trust company, or savings and loan association on behalf of a minor or incompetent person shall be verified by the guardian, conservator, or trustee and, in the case of a competent minor, by such minor if the minor is at least 12 years of

CRITICAL

Applies to

Motion for augmentation or correction of record

Motions to augment or correct the appellate record must state good cause for the omission and identify prior motions to augment or add to the record and their outcomes.

(1) All motions for augmentation and correction of the record pursuant to Rule 8.841, California Rules of Court, and motions for the addition of omitted portions of the record pursuant to Rule 8.841, California Rules of Court, shall set forth the facts showing: 1) good cause why the materials have not been included in the record on appeal; and 2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.

CRITICAL

Applies to

Motion for augmentation or correction of record

Motions to augment or correct the record must identify each requested item or specify the requested transcript portion by subject, date, and department.

(2) All such motions shall specifically identify each paper, record, or exhibit that is being requested and/or specifically identify, by subject, date, and department what portion of the proceedings before the trial court is being requested to be transcribed.

CRITICAL

Applies to

Fax filing

Each fax-filed document must display “By Fax” immediately below its title.

Each document transmitted for fax filing shall contain the phrase “By Fax” immediately below the title of the document.

CRITICAL

Applies to

Fax filing

Fax filings in the Appellate Division must include form LSC-APL-100 as the first transmitted page, with its telephone number and email address fields completed.

Filings by fax in the Appellate Division shall be accompanied by Appeal Facsimile Transmission Cover Sheet (LSC-APL-100). The cover sheet shall be the first page transmitted. Telephone No and E-Mail Address fields on the cover sheet are deemed required.

CRITICAL

Applies to

Motion for nunc pro tunc filing

A motion for nunc pro tunc filing must include the transmission record and proof of transmission in the stated form.

The motion shall be accompanied by the transmission record and a proof of transmission in the following form: “At the time of transmission I was at least 18 years of age and not a party to this legal proceeding. On (date) __________ and (time) ________________, I transmitted to the Appellate Division of the Superior Court the following documents (name) ___________________ by facsimile machine, pursuant to local rule. The court’s fax telephone number that I used as (fax telephone number ) ____________________. The facsimile machine I used complied with rule 2.301 and no error was reported by the machine. I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. “I declare under penalty of perjury that under the laws of the State of California that the foregoing is true and correct.”

CRITICAL

Applies to

Electronically submitted document

Each electronically submitted filing must display “Electronically Submitted” immediately below its title.

Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.

CRITICAL

Applies to

Electronic filing

Must include

page count

Each electronic filing must include a cover sheet identifying the court, the filing party and contact information, the submission date, the document, and the total page count.

Electronic filings shall be accompanied by a cover sheet with the following information: TO: Appellate Division of the Superior Court 2610 Riverside Drive Susanville, CA 96130 Telephone Number: 530-251-8205 Email Address: appellatedivision@lassencourt.ca.gov NAME, ADDRESS, TELEPHONE NUMBER & EMAIL ADDRESS OF PARTY MAKING FILING DATE SUBMITTED DOCUMENT SUBMITTED TOTAL NUMBER OF PAGES

CRITICAL

Applies to

Nonprofessional supervised visitation provider declaration

Before supervising visitation, a nonprofessional provider must sign and file Form FL-324(NP) declaring compliance with provider requirements.

Before supervising a visitation, nonprofessional providers must sign and file with the court Judicial Council Form FL-324(NP), Declaration of Supervised Visitation Provider (Nonprofessional) stating that they have met all requirements to be a nonprofessional provider.

CRITICAL

Applies to

Professional supervised visitation provider declaration

Before providing supervised visitation services, a professional provider must complete the stated screening, registration, and training requirements and file Form FL-324(P).

A professional provider must complete a Live Scan, register as a Trustline provider, meet specific training requirements (California Rules of Court 5.20 (f)), and file a completed Judicial Council Form FL-324(P), Declaration of Supervised Visitation Provider (Professional) form with the court before providing supervised visitation services.

CRITICAL

Applies to

Professional supervised visitation provider declaration

A professional provider must sign a separate updated Form FL-324(P) each time the provider submits a report to the court.

The professional provider must sign a separate, updated form FL-324(P) each time the professional provider submits a report to the court.

CRITICAL

Applies to

Supervised visitation report

A professional provider must produce a supervised-visitation report when ordered by the court or requested by a parent, an attorney, or the child’s attorney.

The professional provider must produce a report about the supervised visitation if ordered by the court or when a parent or attorney requests it or an attorney for the child.

CRITICAL

Applies to

Provider disqualification declaration

The parties’ declaration about a provider’s disqualification must contain all pertinent information related to that disqualification.

Within five days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s disqualification.

CRITICAL

Applies to

Statement of compliance

Before becoming eligible for appointment, counsel must submit a declaration of compliance using form FL-322.

Prior to becoming eligible for appointment as counsel for minor children, attorneys satisfying the preliminary educational and experience requirements must submit to the court a statement of compliance in the form of a declaration indicating compliance with the requirements of this rule. Counsel must use form FL-322, Declaration of Counsel for a Child Regarding Qualifications for this purpose.

CRITICAL

Applies to

Statement of compliance

Eligible attorneys must submit a new FL-322 statement of compliance by February 28 in the specified third year and every third year thereafter, stating that they completed at least eight hours of applicable education and training per year.

On or before February 28 on the third year after the year in which the attorney is first certified and then every third year thereafter, attorneys eligible for family law appointment must submit a new statement of compliance. The new statement of compliance must include a statement that the attorney has completed an annual minimum of eight (8) hours per year of applicable education and training. Form FL-322, Declaration of Counsel for a Child Regarding Qualifications, must be used for the purpose of submitting a new statement of compliance.

CRITICAL

Applies to

Statement of compliance

The new statement of compliance must include attached completion certificates with specified course, provider, location, hours, and date information.

As evidence of completing the minimum of eight (8) hours per year of continuing education required by this rule, the attorney shall attach certificates of completion to the new statement of compliance. Certificates of completion must include the name of the courses, course descriptions, where courses were offered, number of hours of training attended, dates of the training, and the names of the training providers.

CRITICAL

Applies to

Qualification certification

Counsel must certify qualifications to the court before establishing eligibility for appointment.

Each counsel must certify to the court that he or she is qualified for appointment prior to establishing eligibility for appointment under this rule.

CRITICAL

Applies to

Continuing education certification

Appointed counsel must certify completion of the required continuing education to the court before March 31 each year.

Each appointed counsel must certify to the court before March 31st of each year that he or she has completed the required continuing education for the preceding calendar year.

CRITICAL

Applies to

Court appointment certification

Required certifications must be submitted to the court without being filed or lodged in a case file, using Judicial Council Form GC-010.

Certifications required under this subdivision must be submitted to the court, but will not be filed or lodged in a case file. Judicial Council Form GC-010, Certification of Attorney Concerning Qualifications for Court Appointment in Conservatorships/Guardianships, must be used for satisfying the requirement of this rule.

CRITICAL

Applies to

Request for Appointment of Official Reporter Pro Tempore

A privately retained reporter must be appointed before the hearing begins, and the reporter must complete and sign sections 1, 2, and 3 of form LSC-MIS-200.

When a party arranges for a reporter, the reporter must be appointed as an official reporter pro tempore before the hearing begins. Every reporter must complete and sign sections 1, 2, and 3 of the LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore.

CRITICAL

Applies to

Order appointing the reporter as an official reporter pro tempore

The Judicial Officer must sign the reporter’s appointment order using form LSC-MIS-200 before the reporter may report the proceeding.

The Judicial Officer must sign the order appointing the reporter as an official reporter pro tempore, using the LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore, before the reporter may report the proceeding.

CRITICAL

Applies to

Civil, probate, and family law fax filing cover sheet

Fax filings must begin with form MC-005, which must include credit card information and the security code, telephone number, and email address, even when a fee waiver applies.

The first sheet transmitted shall be the Judicial Council Facsimile Transmission Cover Sheet (form MC-005.) Notwithstanding a Fee Waiver, credit card information must be included on the cover sheet including the 3 or 4 digit security code. For purposes of facsimile filings in this court, the Telephone No and E-Mail Address fields on the cover sheet are deemed required.

CRITICAL

Applies to

Juvenile dependency fax filing

Each juvenile dependency fax filing must include form JV-520 as its first transmitted page.

Each document must be accompanied by Judicial Council form Facsimile Filing Cover Sheet – Juvenile (JV-520), which shall be the first page transmitted.

CRITICAL

Applies to

Ancillary defense expense application

Initial applications for ancillary defense expenses must be submitted by ex parte motion to the assigned judicial officer and accompanied by a declaration containing the information described in subsection C.

All initial applications for the authorization of ancillary defense expenses shall be submitted by ex parte motion to the judicial officer assigned to the case. The application shall be accompanied by a declaration with the information described in subsection C below.

CRITICAL

Applies to

Application for ancillary defense expenses

Applications for ancillary defense expenses must include a supporting declaration addressing the offense or need for funding, case status, purpose and necessity of services, and provider and expense details.

All applications for ancillary defense expenses shall be supported by a declaration setting forth: (i) A summary of the circumstances of the charged offense or facts that demonstrate why funding of ancillary defense expenses is necessary in the interests of justice; (ii) The status of the case; (iii) The specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and (iv) The name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel- related expenses other than mileage, and any other special expenses.

CRITICAL

Applies to

Request for reimbursement

Requests involving multiple experts on a single or common issue must demonstrate compelling necessity and represent that the requested rate does not exceed customary or local prevailing rates.

Counsel and self-represented defendants seeking the services of multiple experts relating to a single or common issue must demonstrate a compelling necessity for such use of multiple experts. In addition, counsel and self-represented defendants must include in the request for reimbursement a representation that the rate requested: a. does not exceed the investigator’s or expert’s customary rates for services performed, and b. does not exceed local prevailing rates for the services performed.

CRITICAL

Applies to

Application for travel expenses to interview witness

An application requesting travel expenses to interview a witness must include a declaration addressing the witness’s testimony, alternatives to travel, local investigator availability, same-day flight feasibility, and efforts to obtain the lowest airfare.

Applications that include a request for travel expenses to interview witnesses must contain, in addition to the requirements above, a declaration setting forth: a. The relevance and materiality of the witness’ proposed testimony; b. An explanation as to why a telephone interview or an interview conducted remotely would not suffice; c. An explanation as to why it would not be practical to utilize the services of an investigator in the area where the witness lives; d. Whether it would be feasible to fly the witness to the Reno- Tahoe International Airport for an interview, with a return flight the same day, to avoid the expense of overnight travel for the investigator; and e. A representation that the applicant has endeavored to secure the lowest possible airfare.

CRITICAL

Applies to

Initial application for medical or mental health expert expenses

On initial applications requesting authorization for expenses for doctors, psychologists, psychiatrists, and similar experts, the maximum amount allowed by the court will be an amount sufficient to procure an initial written report from the expert. This report should describe the need, if any, for further services at an approved rate. The defense must endeavor to negotiate the lowest hourly rate. If the defense retains an expert located more than 175 miles from the Lassen Superior Court, the declaration shall explain in detail why local experts could not be employed to provide similar services.

On initial applications requesting authorization for expenses for doctors, psychologists, psychiatrists, and similar experts, the maximum amount allowed by the court will be an amount sufficient to procure an initial written report from the expert. This report should describe the need, if any, for further services at an approved rate. The defense must endeavor to negotiate the lowest hourly rate. If the defense retains an expert located more than 175 miles from the Lassen Superior Court, the declaration shall explain in detail why local experts could not be employed to provide similar services.

CRITICAL

Applies to

Supplemental funding request

After initial funding is exhausted, additional work requires prior Court approval through a supplemental funding request whose heading and declaration provide the specified information.

After the initial funding approved by declaration described in subsection C above has been exhausted, no additional work may be performed or compensated without first obtaining Court approval by submitting a supplemental funding request under this subsection. Each application for additional funding for a previously authorized service provider (investigator, expert, or other) shall state, in the heading of the pleading, that it is a supplemental request, and shall include a declaration setting forth: (i) The date and amount of previous funding authorizations for the service provider; (ii) The amount of any billings for services completed by the service provider and a general summary of those completed services; (iii) The remaining balance from funds previously authorized for the service provider; (iv) A detailed description of the services remaining to be performed.

CRITICAL

Applies to

Supplemental funding request

A request for additional expert services must include an expert report or declaration explaining the need for those services.

Any additional request for the services of an expert must be accompanied by a report or declaration of the expert explaining the need for additional services.

CRITICAL

Applies to

Elisor application and proposed order

An elisor application and proposed order must designate “The Clerk of the Court or Clerk’s Designee” as the elisor.

When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Court or Clerk’s Designee” as the elisor

CRITICAL

Applies to

Elisor application and proposed order

An elisor application and proposed order must identify the parties for whom the elisor is appointed and the capacity in which they will sign.

When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Court or Clerk’s Designee” as the elisor and specifically name the parties for whom the elisor is being appointed and in what capacity they are to sign the document.

CRITICAL

Applies to

Elisor application

An elisor application must not name a specific court employee.

The application must not set forth a specific court employee.

CRITICAL

Applies to

Elisor order and proposed order

The order must identify the documents to be signed, and a copy of each document must be attached to the proposed order.

The order must expressly identify the document(s) being signed and a copy of the document must be attached to the proposed order.

CRITICAL

Applies to

Elisor document

The original document presented to the elisor for signature must match the copy attached to the proposed order.

The original document, presented for signature by the elisor, must match the copy of the document attached to the proposed order.

CRITICAL

Applies to

Elisor application declaration

The declaration supporting an elisor application must state specific facts establishing why the appointment is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor.

CRITICAL

Applies to

Elisor signing

If the elisor is signing documents that require notarization, the applicant must arrange for a notary public to be present at signing.

If the elisor is signing documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s).

CRITICALCriminal cases

Applies to

Postponement request

A party requesting postponement of a Traffic Court Trial must use local form LSC-TR-100.

A party requesting postponement of a Traffic Court Trial shall use local form LSC-TR-100 – Request for Postponement of Traffic Court Trial.

CRITICALCriminal cases

Applies to

Postponement objection

An objecting party must use local form LSC-TR-101 or its eDelivery version.

A party objecting to the postponement of a Traffic Court Trial shall use local form LSC-TR-101 – Objection to Postponement of Traffic Court Trial or the eDelivery version thereof available as a separate link within the Traffic section of the Local Forms page on the Court’s website, www.Lassen.Courts.CA.gov.

WARNINGProposed or draft document; may not be in force

Applies to

Long cause hearing dates

If all counsel and self-represented litigants stipulate to a long-cause hearing, the parties may skip the setting appearance and provide the court available dates in writing.

Upon stipulation of all counsel and self-represented litigants that a long-cause hearing be set, the parties may forego the setting appearance and instead supply the court in writing with available dates for the long-cause hearing.

WARNINGProposed or draft document; may not be in force

Applies to

Notice of unavailability of counsel

The court may accept a Notice of Unavailability of Counsel, but it does not bind the court or affect its calendar; if accepted, it must be filed separately in each applicable case by case number.

The court may accept for filing a “Notice of Unavailability of Counsel”; however, such notice is not binding on the court and shall have no effect as it relates to the court’s calendar. If the court does accept the “Notice of Unavailability of Counsel”, such notice must be filed in each case by court case number in which case the notice is expected to apply.

WARNINGProposed or draft document; may not be in force

Applies to

Trial setting conference

The parties must comply with Family Code section 2105 and be prepared to state at the first trial setting conference whether they will mutually waive a final declaration of disclosure.

The parties shall comply with Family Code section 2105 pertaining to final declarations of disclosure or mutual waiver as stated therein. The parties shall be prepared at the first trial setting conference to state whether a final declaration of disclosure will be mutually waived.

WARNINGProposed or draft document; may not be in force

Applies to

Documents listed in paragraphs (1) and (3)

If substantial time has elapsed between filing and trial, the court may order the parties to update some or all of the listed documents.

The court may order the parties to update all or some of the documents listed in paragraph (1) and/or paragraph (3) where substantial time has elapsed between the filing of the documents and the trial date.

WARNINGProposed or draft document; may not be in force

Applies to

Memorandum of Points and Authorities

The court will consider only issues stated in the Memorandum of Points and Authorities unless the new issues were not reasonably discoverable before filing the motion.

No issues, factual or legal, other than those set forth in the Memorandum of Points and Authorities will be considered in ruling on the motion unless it is established the new issues were not reasonably discoverable before the motion was filed.

WARNINGProposed or draft document; may not be in force

Applies to

Motion

If relevant to the motion, legible copies of the search warrant, supporting affidavit, and return and inventory must be appended to the moving papers.

If relevant to the motion, legible copies of the Search Warrant, Affidavit in support of the warrant, and Return and Inventory shall be appended to the moving papers.

WARNINGProposed or draft document; may not be in force

Applies to

Courtroom audio visual equipment request

Requests and arrangements to use courtroom evidence display equipment must be made with court staff at least five court days before trial using form LSC-MIS-400.

Counsel and self-represented litigants are to submit requests and make arrangements with court staff for use of the equipment at least five (5) court days prior to trial using the Request/Notification for Courtroom Audio/Visual Presentation Equipment (LSC-MIS-400) form.

WARNINGProposed or draft document; may not be in force

Applies to

Remote appearance request

A request for an officer or other party to appear remotely can be submitted using Judicial Council form RA-010.

This request can be submitted using Judicial Council form RA-010.

WARNINGProposed or draft document; may not be in force

Applies to

Remote appearance request

Juvenile dependency parties may request remote appearance using forms RA-025, RA-030, and RA-015 and must consult the cited rules for service and filing requirements.

(1) Parties can request a Remote Appearance by using Judicial Council forms RA-025, RA-030, and RA-015 pursuant to California Rules of Court, Rule 3.672 and Code of Civil Procedure § 367.75. Parties are required to reference the California Rules of Court and Code of Civil Procedure for service and filing requirements.

WARNINGProposed or draft document; may not be in force

Applies to

Request to be excused

A granted undue-hardship request to be excused from jury service must be in writing or placed on the court’s record and supported by facts explaining why deferral cannot avoid the hardship.

All requests to be excused from jury service that are granted for undue hardship shall be in writing from the prospective juror, or placed on the court’s record. The prospective juror shall support the request with facts specifying the hardship in a statement about why the circumstances constituting the undue hardship cannot be avoided by deferring the prospective juror’s service.

WARNINGProposed or draft document; may not be in force

Applies to

Petition for compromise

For attorney-fee calculations, reimbursable litigation expenses are excluded from the amount recovered and must be itemized separately.

In computing fees, the expenses of litigation to be reimbursed shall not be included in the “amount recovered” for the purpose of fixing fees. Such expenses of litigation shall be separately itemized.

WARNINGProposed or draft document; may not be in force

Applies to

Signed fax filing

A party fax-filing a signed document represents that the original signed document is in their possession or control.

A party who files a signed document by fax represents that the original signed document is in his or her possession or control.

WARNINGProposed or draft document; may not be in force

Applies to

Motion

If an unknown transmission error or court processing failure prevents filing, the sender may move for nunc pro tunc filing and must include the transmission record and prescribed proof of transmission.

If the facsimile filing is not filed by the court because of (1) an error in the transmission of the document to the court which was unknown to the sending party or (2) a failure to process the facsimile filing when received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion shall be accompanied by the transmission record and a proof of transmission in the following form:

WARNINGProposed or draft document; may not be in force

Applies to

Signed electronic filing

A party electronically filing a signed document represents that the original signed document is in their possession or control.

A party who files a signed document electronically represents that the original signed document is in his or her possession or control.

WARNINGProposed or draft document; may not be in force

Applies to

Initial expert report

For initial applications for medical or mental-health expert expenses, the court limits the amount to what is sufficient for an initial written report, which should describe any need for further services at an approved rate.

On initial applications requesting authorization for expenses for doctors, psychologists, psychiatrists, and similar experts, the maximum amount allowed by the court will be an amount sufficient to procure an initial written report from the expert. This report should describe the need, if any, for further services at an approved rate.

WARNING

Applies to

Criminal motion papers

An original and one copy of all criminal motion papers must be filed with the court.

An original and one copy of all papers are to be filed with the court.

WARNING

Applies to

Memorandum of points and authorities

The court will consider only issues stated in the memorandum unless the new issues were not reasonably discoverable before the motion was filed.

No issues, factual or legal, other than those set forth in the Memorandum of Points and Authorities will be considered in ruling on the motion unless it is established the new issues were not reasonably discoverable before the motion was filed.

WARNING

Applies to

Motion

The court considers only items listed in the motion unless a newly identified item could not reasonably have been identified earlier.

Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.

WARNING

Applies to

Discovery motion

A discovery motion is limited to the disputed items or classes of items identified in the declaration.

A discovery motion shall be limited to the actual disputed items or class of items listed in the declaration.

WARNING

Applies to

Motion in limine

Motions in limine must be prepared for the Trial Readiness Conference unless the trial judge orders otherwise.

Motions in limine shall be prepared for the Trial Readiness Conference unless the trial Judge has ordered differently.

WARNING

Applies to

Motion in limine

Must include

proposed order

When practicable, motions in limine should be noticed and heard on a law and motion calendar before trial; motions made on the trial date must be served and filed before trial, be written, and include a written proposed order.

Motions In Limine should be made, to the extent practicable, on notice and heard on a law and motion calendar prior to the date of trial. Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

WARNING

Applies to

Adr stipulation

If all parties agree to use ADR, they must jointly complete the prescribed ADR stipulation form and file it with the court.

If all parties agree to use an ADR process, they must jointly complete the ADR stipulation form provided for under California Rules of Court 3.221 and file it with the court.

WARNING

Applies to

Signed fax filing

A party who fax-files a signed document represents that the original signed document is in their possession or control.

A party who files a signed document by fax represents that the original signed document is in his or her possession or control.

WARNING

Applies to

Original signed document

If a party demands the original signed document, the parties must arrange a meeting to examine it.

If a demand for production of the original signed document is made, the parties shall arrange a meeting at which the original signed document can be examined.

WARNING

Applies to

Nonprofessional supervised visitation provider

Nonprofessional providers must review the Judicial Council’s guide for nonprofessional supervised visitation providers.

Nonprofessional providers are required to review Supervised Visitation - A Guide for Non-Professional Providers published by the Judicial Council.

INFOProposed or draft document; may not be in force

Applies to

Review request

The written submission should identify the person submitting the information, provide current contact information and a mailing address for response, describe the policy, procedure, action, event, or concern to be

The written submission should identify the person submitting the information, provide current contact information and a mailing address for response, describe the policy, procedure, action, event, or concern to be