Mariposa Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Document Format Requirements4 rules
The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow the standard CACI format.
- Additional jury instructions
Formatting
- •Instructions must be sequentially numbered and follow the standard CACI format
To the extent possible parties must use instructions promulgated or sponsored by the California Judicial Council.
Requested jury instructions must be submitted one per page with a five-inch top margin; typical CACI headings may appear in that margin and will not be read to the jury.
- Margins
- Top 5 inches
- Jury instructions
Formatting
- •Submit one instruction per page
Court's wording
At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury.
All motions that may not be heard and disposed of within one-half hour on the morning of trial shall be made in writing
Document Filing Requirements67 rules
No later than 15 days before the CMC, parties are to COMPLETELY fill out and file a CMC Statement (Form CM-110) available on-line at www.courts.ca.gov .
To give telephonic-appearance notice through a CMC Statement, include the wording “TELEPHONIC APPEARANCE REQUESTED.”
- Document
- CMC statement
Include
- •TELEPHONIC APPEARANCE REQUESTED
Court's wording
Parties may give notice of their intent to appear by telephone by indicating “TELEPHONIC APPEARANCE REQUESTED” on their CMC Statements filed at least 15 days before the CMC, or by separately filing with the Court, a Request for Telephonic Appearance, NOT LESS THAN THREE (3) COURT DAYS, prior to the Case Management Conference.
For juvenile or criminal proceedings requiring an interpreter, the Court must receive written notice identifying the hearing date, the person needing the interpreter and their role, and the language and applicable dialect.
Court's wording
In juvenile or criminal proceedings, where an interpreter is required at a hearing or trial for a non-English speaking party or witness, the Court must be provided with written notice of the date of the hearing, the name of the person for whom the interpreter is requested, the person’s role in the proceeding, and the foreign language spoken, including the dialect where applicable.
Counsel must immediately notify the Court in writing upon learning that the services of the interpreter are not required.
If any party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and shall describe the materials to be brought into the courtroom and the reason a substitution should not be made.
The order shall require that a full and complete photographic record of the exhibit or the portion returned by substituted for the exhibit. The party who offered the exhibit shall provide the photographic record.
No hearing shall be set in a default or uncontested matter until all requisite pleadings and documents have been filed and the clerk has entered the default, unless it is a matter requiring court entry of default, in which case the return of service must be filed before the request for hearing.
If a party wants copies of any filed documents, the party must make its request on the Facisimile Transmission Cover.
All fax filings shall be accompanied by the Facisimile Transmission Cover Sheet (form MC-005) as the first page transmitted, followed by any special handling instructions.
When the case is filed, the clerk must append the two specified notices to the initial pleading, including the first conference’s date, time, and place.
Court's wording
At the time the case is filed, the clerk shall append to the initial pleading a document entitled “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” stating the date, time and place of the first Case Management Conference date.
No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).
If counsel seeks permission to introduce oral testimony, the statement required by Rule 3.1306 must include an explanation as to why the evidence cannot be presented by declaration or affidavit.
Counsel and self-represented litigants must submit a settlement conference statement containing the specified party, case, and settlement information.
Court's wording
All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following: 1. The names of all parties, including interveners and their representatives; 2. A detailed discussion of all facts and laws pertinent to the issues of liability and damages involved in the case; 3. A good faith settlement demand and itemization of economic and non-economic damages by each plaintiff; 4. A good faith offer of settlement by each defendant. (1/1/99, 1/1/19)
If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed.
If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court.
The written jury-instruction request must be captioned in the action, use the specified title, and attach edited copies of all requested instructions.
- Document
- Jury instruction request
- Placement
- Caption
Court's wording
At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury.
The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow the standard CACI format.
An order permitting contact with children must specify the contact schedule and safe exchange arrangements and must not conflict with the specified Criminal Protective Order.
Court's wording
Any order of the Family Court that permits contact between a restrained person subject to CLETS restraining orders and his or her children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact, or limits access to, the other parent.
Within 30 calendar days of a hearing or trial where support is at issue each party must file a current Income and Expense Declaration (form FL-150).
Wage earners must attach legible copies of their paycheck stubs for the most recent two months. In the event no paycheck stubs are available, other appropriate documentation must be attached.
Requests for emergency orders will not be considered by the Court unless they conform with the requirements of California Rules of Court, Rule 5.151.
If the Court makes decisions that require further drafting of the OAH, the Court shall designate one counsel to prepare the written OAH.
Self-employed parties shall attach their most recent profit and loss statements, balance sheets, quarterly sales tax reports, their last filed tax return, or similar documentation evidencing income from all sources.
A current signed and dated Schedule of Assets and Debts (form FL-142), along with a proposed division of the community property assets and debts.
In any matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if any.
A current signed and dated Income and Expense Declaration (form FL-150).
The caption shall contain the time and date of the Settlement Conference and the Trial.
- Document
- Settlement conference statement
- Placement
- Caption
A description of the most recent custody and visitation orders and any requested modifications of those orders.
The stipulation shall then be presented to the judge for the judge’s consideration and signature.
If a named devisee predeceased the decedent, that information must be provided in the notice.
All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based.
In cases where the devisee dies after the decedent, the date of death must be stated and notice must be mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative.
On any contested legal issue, a recitation of the relevant facts and a brief discussion of the relevant law.
Current child and/or spousal support orders and the date(s) of the most recent orders. Each party shall set forth specific proposals regarding modifications to existing child and/or spousal support orders.
Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date.
In a petition for probate of a will, all persons and organizations named in the will or codicils shall be listed.
A declaration specifying good faith efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required.
If there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate all such heirs.
Notices must be prepared and submitted when the applicable petition is filed.
Court's wording
The Clerk of the Court does not handle the preparation, mailing or publication of notices. Notices must be prepared and submitted at the time of filing the applicable petition, and the moving party is responsible for all required mailings and newspaper publications.
If the person named in the decedent’s will as executor declines to act as such, his or her written and signed declination to act must be filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act.
The trustee of a living trust who is a beneficiary of a will shall be listed as a devisee and noticed.
Copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders shall be attached to the Application to Modify Criminal Protective Order. The Application shall include the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim.
Special instructions shall be accompanied by points and authorities on separate paper from the proposed instruction.
Counsel shall file, on the first day of the trial, and prior to commencement of jury selection, a list of all CALCRIM instructions requested.
All blanks on form instructions shall be filled in so that the proposed instruction is complete.
The attorney shall attach to the renewal Certificate of Competence evidence that he or she has complied with the California Rules of Court, Rule 5.660(d).
A motion for discovery shall state the relevancy and materiality of the information sought and the reason why informal discovery was not adequate to secure that information.
Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within 10 days of his or her first appearance.
A person notifying the Court of a dependent child’s interest must file a declaration stating the nature of the interest, the agency or forum and its address if known, and the nature of the contemplated or ongoing proceedings.
Court's wording
Notice to the Court shall be given by the filing of a declaration with service on all parties. The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there.
CR-003 Faretta Waiver 12/28/2017 Mandatory
TR-001 Decision and Notice of Decision 6/22/2018 Mandatory (Trial by Declaration in Absentia CVC§40903
Faretta Waiver CR-003 11/28/2017 Mandatory
Decision and Notice of Decision (Trial by TR-001 6/22/2018 Mandatory Declaration in Absentia CVC§40903)
A party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument.
The following motions in limine are deemed granted. Written motions should not be submitted on these issues: a. Motion excluding evidence of collateral source; b. Motion excluding evidence of, or mention of, insurance coverage; and
The parties should be prepared to provide to all jurors and alternates a copy of all written instructions, if so required by the trial judge.
The Family Court judge or commissioner may recommend a modification by utilizing the Application to Modify Criminal Protective Order form. The judge or commissioner may direct an attorney or self-represented litigant to complete the application form and attach a copy of a Minute Order reflecting the Judge or Commissioner’s recommendation to the Criminal Court.
This draft OAH should be submitted to opposing counsel for approval as to form and forwarded to the Court.
Counsel should come to a hearing with a written Order After Hearing (OAH) prepared to present it to the Court at the conclusion of the hearing.
If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel’s attempts at notifying opposing counsel.
Where one party claims that an asset is his or her separate property and the other party has not stipulated to that fact, the Statement should include a description of the assets, the means and date of acquisition, the encumbrance at the time of acquisition and a statement as to how the title is held.
The Court may also ask each party to provide legible copies of their last three state and federal income tax returns.
Order Terminating Conservatorship PRO-004 07/02/2018 Optional
Petition for Termination of Conservatorship PRO-003 07/02/2018 Optional
Petition for Visitation PRO-001 8/31/2017 Optional
Visitation Order PRO-002 8/31/2017 Optional
Filing & Service rules
Electronic Filing Rules
Parties may fax-file pleadings at the stated number in accordance with the cited California Rules of Court.
Parties may file pleadings by fax through (209) 742-6860 pursuant to California Rules of Court, Rules 2.300-2.306.
Page 10 | SECTION 2-FILING PROCEDURES
An Order After Hearing may be submitted to the Court by fax or email.
Faxed or emailed OAH’s are acceptable.
Page 18 | Rule 4.8 Orders After Hearing
Electronic filing of documents is available.
The historic Mariposa County Superior Court is pleased to announce that electronic filing of documents is now available.
Page 1 | Electronic Document Filing
Filing Timing and Cure Windows
Parties must completely fill out and file Form CM-110 no later than 15 days before the CMC.
No later than 15 days before the CMC, parties are to COMPLETELY fill out and file a CMC Statement (Form CM-110) available on-line at www.courts.ca.gov .
Civil cases
Page 2 | II. BEFORE THE CMC
For the CMC Statement notice option, file the statement at least 15 days before the CMC.
Parties may give notice of their intent to appear by telephone by indicating “TELEPHONIC APPEARANCE REQUESTED” on their CMC Statements filed at least 15 days before the CMC, or by separately filing with the Court, a Request for Telephonic Appearance, NOT LESS THAN THREE (3) COURT DAYS, prior to the Case Management Conference.
Civil cases
Page 4 | III. APPEARING AT THE CMC
To obtain the automatic continuance without appearing, the parties must file an Unconditional Notice of Settlement at least five Court days before the scheduled CMC.
However, where the parties, at least five (5) Court days before a scheduled CMC, file an Unconditional Notice of Settlement pursuant to Cal. Rules of Court, Rule 3.1385 requiring dismissal of the entire action within 45 days, the Court will automatically continue the CMC on its own motion, without the need for the parties to appear, to a date after the 45-day period.
Civil cases
Page 5 | V. REPORTING SETTLEMENT
If the entire matter is not disposed of by the required deadline, the matter will be set for an Order to Show Cause re Dismissal.
Failure to have disposed of the entire matter by the time required will result in the matter being set for an Order to Show Cause re Dismissal given the mandatory language of Cal. Rules of Court, Rule 3.1385.
Civil cases
Page 5 | V. REPORTING SETTLEMENT
An ex parte applicant must submit the application, supporting papers, and fees to the clerk by 3:00 p.m. on the court day before the hearing.
The party seeking an ex parte order shall submit the application and all supporting papers and fees to the clerk for filing no later than 3:00 p.m. on the court day preceding the hearing.
Page 8 | RULE 1.7 EX PARTE APPLICATIONS IN CIVIL CASES
Written orders must be filed with the clerk immediately after they are signed.
All written orders shall be filed in the office of the clerk immediately after they are signed.
Page 10 | SECTION 2-FILING PROCEDURES
The specified papers necessary for a hearing must be filed by the second court day before the hearing, unless the Court has shortened the time for service by order.
All papers necessary to a hearing in default cases, including default dissolutions, a return of service on orders to show cause (except wherein the Court has by order shortened time for service), probate matters, adoptions, compromise of claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, etc. shall be filed no later than the second court day preceding the date set for hearing.
Page 10 | SECTION 2-FILING PROCEDURES
Each party must file the Case Management Statement no later than 15 calendar days before the scheduled Case Management Conference.
No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).
Page 11 | RULE 3.3 CASE MANAGEMENT CONFERENCE
The settlement conference statement must be filed at least five Court days before the scheduled conference.
All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following:
Page 13 | Settlement Statement
The plaintiff must file a dismissal request within 45 days after settlement, unless delayed performance terms apply, in which case the settlement must specify the dismissal filing date.
A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement. If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed.
Page 14 | Notice of Settlement or Dismissal
The plaintiff must file notice of settlement or other disposition immediately.
If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court.
Page 14 | Notice of Settlement or Dismissal
Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.
Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.
Page 15 | Section 3-Civil Cases
All other motions in limine must be filed by 4:00 p.m. six court days before the scheduled trial date.
All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) court days prior to the scheduled trial date.
Page 15 | Section 3-Civil Cases
Orders After Hearing must be submitted to the Court within 14 days after the hearing; failure to do so may result in sanctions.
All OAH’s must be submitted to the Court within 14 days following the hearing; failure to do so may result in the imposition of sanctions.
Page 18 | Rule 4.8 Orders After Hearing
Each party must file a current FL-150 within 30 calendar days of a hearing or trial where support is at issue.
Within 30 calendar days of a hearing or trial where support is at issue each party must file a current Income and Expense Declaration (form FL-150).
Page 18 | Rule 4.6 Child and/or Spousal Support — Income and Expense Declaration
Each party or their attorney must file a Settlement Conference Statement at least 10 court days before the conference and serve it on the other party or opposing attorney.
At least 10 court days before the settlement conference each party or their attorney shall file and serve on the other party, or the opposing attorney, a Settlement Conference Statement with contents as indicated below:
Page 19 | RULE 4.10 TRIAL — Settlement Conference Statement
The moving party must submit the proposed order at least three court days before the hearing, except for confirmation of sales, contested matters, and orders requiring governmental-agency information.
Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date.
Page 20 | RULE 5.1 ORDERS
The requested CALCRIM instruction list must be filed on the first day of trial before jury selection begins.
Counsel shall file, on the first day of the trial, and prior to commencement of jury selection, a list of all CALCRIM instructions requested.
Page 23 | Rule 6.4(c) Criminal Jury Instructions
Qualifying motions in limine must be filed no later than three days before the scheduled trial date.
These motions must be filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date.
Page 23 | Rule 6.4(b) Motions in Limine
Previously certified attorneys must submit a new Certificate of Competence by January 31 of the third year after initial certification and every third year thereafter.
In order to retain his or her certification to practice before the Juvenile Court, each attorney who has been previously certified by the Court shall submit a new Certificate of Competence to the Court on or before January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter.
Page 24 | Rule 7.2(c)(1) Minimum Standards of Education and Training
The Certificate of Competency must be submitted within 10 days of the attorney's first appearance in a dependency matter.
Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within 10 days of his or her first appearance.
Page 24 | Rule 7.2(b)(1) Screening for Competency
Responsive papers to a discovery motion must be filed at least two court days before the hearing.
Any responsive papers shall be filed at least two court days before the hearing.
Page 24 | Rule 7.1(b) Formal Discovery
The attorney has 20 days from the mailing of the notice to submit evidence of completing the required education and training.
The attorney shall have 20 days from the date of the mailing of the notice to submit evidence of his or her completion of the required education and training.
Page 25
The Court must review a complaint within 10 days of receiving it.
The Court shall review any complaint within 10 days of receipt.
Page 25 | Procedures for Reviewing and Resolving Complaints
If opposing counsel does not respond to a request for approval as to form within five days, the proposed Order After Hearing may be submitted directly to the Court with a declaration describing attempts to notify opposing counsel.
If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel’s attempts at notifying opposing counsel.
Page 18 | Rule 4.8 Orders After Hearing
The CMC timetable allows 30–40 days for responsive pleadings, depending on the method of service.
30-40 days for the responsive pleadings(depending upon the method of service)
Civil cases
Page 2 | II. BEFORE THE CMC
The CMC timetable allows an additional 15-day extension to respond.
an additional 15-day extension of time to respond.
Civil cases
Page 2 | II. BEFORE THE CMC
Service and Proof of Service Rules
The text identifies service of all defendants within 60 days after filing the complaint as a plaintiff responsibility.
Failure of the plaintiff to not: (1) serve all the defendants within 60 days of filing the complaint,
Civil cases
Page 2 | II. BEFORE THE CMC
The CMC Statement must be served on all parties.
The CMC statement must also be served on all parties.
Civil cases
Page 2 | II. BEFORE THE CMC
Each party must serve all other parties with the completed Case Management Statement no later than 15 calendar days before the scheduled Case Management Conference.
No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).
Page 11 | RULE 3.3 CASE MANAGEMENT CONFERENCE
Cross-complainants must serve all cross-defendants with the initial case-management notices and notice of any other pending conference date.
Cross-complainants shall serve all cross-defendants with a copy of the initial “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” document and shall serve notice of any other pending Case Management Conference hearing date.
Page 11 | RULE 3.2 CROSS-COMPLAINTS
The settlement conference statement must be served on each party at least five Court days before the scheduled conference.
All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following:
Page 13 | Settlement Statement
All other motions in limine must be served on opposing counsel by 4:00 p.m. six court days before the scheduled trial date.
All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) court days prior to the scheduled trial date.
Page 15 | Section 3-Civil Cases
Any written opposition to an in limine motion must be served on opposing counsel by 4:00 p.m. three court days before the scheduled trial date.
Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.
Page 15 | Section 3-Civil Cases
At the start of trial, counsel must serve the written request and attached requested instructions on participating parties and deliver them to the trial judge.
At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury.
Page 15 | d. Jury Instructions — Service of Jury Instructions
Permitted ex parte communications with the mediator must be served on the opposing party; this does not apply to communications between parties made to the mediator.
As more fully stated in Rule 5.235 of the California Rules of Court, when ex parte communications are permitted by the mediator, any such communications shall be in writing and shall be served on the opposing party. This requirement does not apply to communications between parties made to the mediator.
Page 17 | Ex Parte Communications
The moving party or self-represented moving party must give notice of an ex parte application to the opposing attorney or self-represented party in accordance with Rule 5.165.
The moving party or moving self-represented party must give notice of an ex parte application to the opposing attorney or self-represented party in accordance with California Rules of Court, Rule 5.165.
Page 18 | Rule 4.7 Applications for Emergency Orders (Ex Parte Orders) — Notice
The Settlement Conference Statement must be served on the other party or opposing attorney at least 10 court days before the settlement conference.
At least 10 court days before the settlement conference each party or their attorney shall file and serve on the other party, or the opposing attorney, a Settlement Conference Statement with contents as indicated below:
Page 19 | RULE 4.10 TRIAL — Settlement Conference Statement
When a devisee dies after the decedent, notice must be mailed to the appointed personal representative or, alternatively, another appropriate representative.
In cases where the devisee dies after the decedent, the date of death must be stated and notice must be mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative.
Page 20 | RULE 5.2 NOTICES
When the victim is present, the Court must provide the victim with a copy of the Criminal Protective Order.
If the Victim is present in the Criminal Court when the Criminal Protective Order is issued, the Court shall provide the victim with a copy of the Criminal Protective Order.
Page 21 | Section 6-Criminal, Rule 6.1(c)
The moving party, not the Clerk, is responsible for all required notice mailings.
The Clerk of the Court does not handle the preparation, mailing or publication of notices. Notices must be prepared and submitted at the time of filing the applicable petition, and the moving party is responsible for all required mailings and newspaper publications.
Page 21 | Section 5-Probate
A living-trust trustee who benefits under a will must receive notice.
The trustee of a living trust who is a beneficiary of a will shall be listed as a devisee and noticed.
Page 21 | Section 5-Probate
After a modification hearing, the Court must send the applicable Family, Juvenile, or Probate Court a copy of the modified order or denial order, including a minute order.
After the hearing on Modification of the Protective Order, the Court shall send to the applicable Family, Juvenile, or Probate Court, for inclusion in its files, a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order).
Page 22 | Section 6-Criminal, Rule 6.1(e)
If the victim is absent, the Court must give the District Attorney a copy, and the District Attorney must send it to the victim’s last known address.
If the victim is not present in Court, the Court will provide a copy to the District Attorney who shall send a copy to the Victim at his or her last known address.
Page 22 | Section 6-Criminal, Rule 6.1(c)
The requesting person must personally serve the application on the defendant and all other appropriate parties and agencies at least five days before the hearing.
The requesting person will be responsible for personal service of the Application five (5) days before the hearing on the defendant, and all other appropriate parties and agencies, including the District Attorney’s Office, the defendant’s attorney of record, the defendant.
Page 22 | Section 6-Criminal, Rule 6.1(d)(5)
After the modification hearing, the District Attorney must send the victim a copy of the modified order or denial order, including a minute order, at the victim’s last known address.
The District Attorney shall send a copy of the Modified Protective Order, or the Order Denying the Motion to Modify Criminal Protective Order (or Minute Order) to the Victim at his or her last known address.
Page 22 | Section 6-Criminal, Rule 6.1(e)
If someone other than the victim requests modification, the District Attorney’s Office must send the application to the victim’s last known address.
If the requesting person is someone other than the Victim, the District Attorney’s Office shall send a copy of the Application to the Victim at his or her last known address.
Page 22 | Section 6-Criminal, Rule 6.1(d)(5)
All relevant material must be disclosed to all parties in a timely manner, except material protected by privilege.
Except, as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties in the case.
Page 23 | Rule 7.1(a) Informal Discovery
For contested hearings, the parties must exchange their witness lists at least five days before the hearing.
In the case of contested hearings, the parties shall exchange lists of all witnesses to be called at least five days prior to the hearing.
Page 23 | Rule 7.1(a) Informal Discovery
Qualifying motions in limine must be served on opposing counsel no later than three days before the scheduled trial date.
These motions must be filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date.
Page 23 | Rule 6.4(b) Motions in Limine
A discovery motion must be served on all parties at least five court days before the hearing.
The motion shall be served upon all parties at least five court days before the hearing date.
Page 24 | Rule 7.1(b) Formal Discovery
Counsel must be provided a copy of the complaint.
Counsel shall be provided with a copy of the complaint.
Page 25 | Procedures for Reviewing and Resolving Complaints
The complainant and attorney must each receive at least five days’ notice of the hearing.
The complainant and attorney shall each be given at least five days’ notice of the hearing.
Page 25 | Procedures for Reviewing and Resolving Complaints
The declaration giving notice to the Court must be served on all parties.
Notice to the Court shall be given by the filing of a declaration with service on all parties.
Page 26 | RULE 7.5 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD
To waive appearance and oral argument, a party must provide written notice to the Court and all counsel.
A party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument.
Page 12 | RULE 3.4 WAIVER OF RIGHT TO APPEAR
The CMC timetable allocates 60 days for service on defendants and filing proofs of service.
60 days for service on defendants and filing of the proofs of service
Civil cases
Page 2 | II. BEFORE THE CMC
Filing Fees and Waivers
An ex parte applicant must submit the required fees to the clerk with the application and supporting papers.
The party seeking an ex parte order shall submit the application and all supporting papers and fees to the clerk for filing no later than 3:00 p.m. on the court day preceding the hearing.
Page 8 | RULE 1.7 EX PARTE APPLICATIONS IN CIVIL CASES
Advance jury fees and applicable daily fees and mileage must be deposited as required by California Code of Civil Procedure section 631; failure to deposit advance or daily fees is deemed a waiver of jury trial.
The deposit of advance jury fees, and of daily fees and mileage, shall be made as required by California Code of Civil Procedure section 631. (1/1/99, 1/1/19) b. Failure to Post Failure to deposit advance or daily fees as required will be deemed a waiver of trial by jury.
Page 14 | RULE 3.6 JURY TRIALS (CIVIL)
A separate motion fee is charged for each motion filed.
A motion to strike can also be filed with a demurrer, but the court charges a separate motion fee for each motion.
Civil cases
Page 1 | Civil Division
Low-income filers may qualify for a fee waiver.
If you are low-income, you may be able to qualify for a fee waiver and not have to pay a filing fee.
Civil cases
Page 1 | Civil Division
The Court charges 50 cents per page for copies, plus postage of $1 for documents under six pages or $3 for documents over six pages.
The Court charges $.50 per page, plus postage ($1.00 if the document is less than six pages, $3.00 if the document exceeds six pages.)
Page 10 | SECTION 2-FILING PROCEDURES
Parties should consult California Rules of Court, Rules 3.50–3.58, concerning waiver of fees and costs.
All parties should refer to California Rules of Court, Rule 3.50-3.58.
Page 10 | SECTION 2-FILING PROCEDURES
Sealing & Redaction Procedures
An evaluator’s final report may be used only as evidence at a custody or visitation hearing unless the Court orders otherwise, and the Court’s copy must remain in the confidential file except as permitted by the Court after prior notice to all parties.
The final report of the evaluator may not be used for any purpose other than as evidence at a custody or visitation hearing, unless otherwise ordered by the court. The Court’s copy of the report shall be placed in a confidential part of the court file, not to be opened except by a judicial officer or as may be otherwise ordered by the Court after prior notice to all parties.
Page 17 | Rule 4.5 Custody and/or Visitation Evaluations
A complaint and its response must be lodged separately in the Court’s file in sealed envelopes.
Any such complaint, and the response to that complaint, shall be lodged separately in the Court’s file in a sealed envelope.
Page 25 | Procedures for Reviewing and Resolving Complaints
Pre-Motion Conference Requirements
Contested dissolutions will be set for a settlement conference, which the parties and their attorneys must attend.
All contested dissolutions will be set for a settlement conference. The parties and the attorneys shall attend the conference (1/1/19)
Page 19 | RULE 4.10 TRIAL — Settlement Conference
Qualifying motions in limine must be scheduled before the trial judge at 1:30 p.m. on the day before trial.
All motions that may not be heard and disposed of within one-half hour on the morning of trial shall be made in writing and scheduled to be heard before the judge assigned to the trial at 1:30 p.m. on the day before the trial is scheduled to commence.
Page 23 | Rule 6.4(b) Motions in Limine
A party may petition for discovery only after exhausting all informal discovery methods.
A party may petition the Court for discovery only after having exhausted all informal means.
Page 24 | Rule 7.1(b) Formal Discovery
Adjournment & Extension Requirements
If the parties file an Unconditional Notice of Settlement at least five Court days before the CMC, the Court automatically continues the CMC without requiring the parties to appear, to a date after the 45-day dismissal period.
However, where the parties, at least five (5) Court days before a scheduled CMC, file an Unconditional Notice of Settlement pursuant to Cal. Rules of Court, Rule 3.1385 requiring dismissal of the entire action within 45 days, the Court will automatically continue the CMC on its own motion, without the need for the parties to appear, to a date after the 45-day period.
Civil cases
Page 5 | V. REPORTING SETTLEMENT
A CMC cannot be rescheduled on one party’s written or telephonic request; parties seeking rescheduling must file and serve an all-party stipulation and appear ex parte, or file a fully noticed motion.
In no case will a CMC be rescheduled based on the written or telephonic request from a single party. PARTIES ARE NOT TO MAKE SUCH EX PARTE REQUESTS. Parties desiring to reschedule a CMC, notwithstanding the above, are to either: 1) File and serve a stipulation executed by all parties and appear ex parte in the trial Court; or 2) File a fully-noticed motion with the trial Court requesting the CMC be rescheduled.
Civil cases
Page 5 | IV. RESCHEDULING A CMC
If the parties file anything other than the specified Unconditional Notice of Settlement to indicate settlement, they must appear at any previously scheduled CMC.
Any other filing indicating settlement requires the appearance of the parties at any previously scheduled CMC.
Civil cases
Page 5 | V. REPORTING SETTLEMENT
A criminal trial may not be continued, even by party stipulation, except pursuant to Penal Code section 1050.
No criminal trial will be continued, even by stipulation of the parties, except pursuant to Penal Code section 1050.
Page 22 | Section 6-Criminal, Rule 6.2
Time waivers and continuances are allowed only upon a showing of exceptional circumstances.
Time waivers will be accepted and continuances granted only upon a showing of exceptional circumstances.
Page 26 | RULE 7.4 TIME LINES
The case may be continued for 120 days, usually through two 30-day CMC continuances; after that, an extraordinary continuance requires a Judge’s approval, or an OSC will issue 60 days from the CMC date.
The case can be continued for 120 days, usually by granting (2) 30-day continuances of the CMC. After the 120 days are exhausted, unless a Judge approves an extraordinary continuance, then an OSC will be issued 60 days from the date of the CMC, and reasons for the OSC stated.
Civil cases
Page 3 | II. BEFORE THE CMC
If an Uninsured Motorist case is identified at the CMC, a continuance should place the next CMC at the 10-month mark after filing, unless the case is already 10 months old.
If we are informed at the CMC that this is an Uninsured Motorist case, then a continuance should be granted so that the next CMC takes place at the 10-month mark after the filing of the case. If the case is already 10 months old when the Uninsured Motorist declaration is made, then it should receive no special continuance.
Civil cases
Page 3 | II. BEFORE THE CMC
Rescheduling a CMC is generally disfavored and requires proper notice and/or stipulation.
Rescheduling a CMC is generally disfavored because: Parties and counsel may conveniently appear telephonically and make any needed requests at that time; A continued CMC is generally scheduled with the parties and counsel's availability in mind; and Rescheduling a CMC may benefit one party, but can be detrimental to other parties, and therefore requires proper notice and/or stipulation.
Civil cases
Page 4 | IV. RESCHEDULING A CMC
A continued CMC will be ordered until the entire action is dismissed or final judgment is entered as to all parties, including Doe Defendants.
A continued CMC will be ordered up and until a matter is finally disposed of by dismissal of the entire action or by entry of final judgment as to all parties (including Doe Defendants).
Civil cases
Page 5 | V. REPORTING SETTLEMENT
Reporting a settlement alone does not take a CMC off calendar.
The mere reporting of a settlement is not sufficient to take a CMC off calendar.
Civil cases
Page 5 | V. REPORTING SETTLEMENT
Chambers Communication Rules
Parties must not make ex parte requests to reschedule a CMC.
PARTIES ARE NOT TO MAKE SUCH EX PARTE REQUESTS.
Civil cases
Page 5 | IV. RESCHEDULING A CMC
The Court will not consider ex parte communications from counsel or self-represented parties unless they follow the applicable rules or law.
The Court will not consider any ex parte communications from counsel or self- represented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State.
Page 8 | RULE 1.8 EX PARTE OR INFORMAL COMMUNICATION WITH THE COURT
Unless law permits otherwise, lawyers and parties must avoid ex parte communications about a pending case’s substance with the judicial officer presiding over it.
Except as permitted by law, lawyers and parties shall avoid ex parte communications on the substance of a pending case with a judicial officer before whom such case is pending.
Page 8 | RULE 1.8 EX PARTE OR INFORMAL COMMUNICATION WITH THE COURT
When the mediator permits ex parte communications, they must be in writing.
As more fully stated in Rule 5.235 of the California Rules of Court, when ex parte communications are permitted by the mediator, any such communications shall be in writing
Page 17 | Ex Parte Communications
Counsel should not send judicial officers copies of letters or other communications between counsel.
Copies of letters or other communications between counsel should not be sent to any judicial officer.
Page 8 | RULE 1.8 EX PARTE OR INFORMAL COMMUNICATION WITH THE COURT
Contact the Court by phone for information about its Civil Mediation Program and mediator list.
For information on Mariposa County Superior Court’s Civil Mediation Program, including a list of mediators, contact the Court at (209) 966-6599.
Civil cases
Page 1 | Civil Division