Modoc Superior Court Chambers Communication Rules

CRITICAL

If a hearing will require more than 15 minutes total or the taking of evidence, counsel must notify the Clerk no later than the third court day before the hearing that an extended hearing is needed.

In the event that counsel determines that the matter will require more than a total of 15 minutes, or will require the taking of evidence, counsel must notify the Clerk of the Court, no later than the third court day prior to the day set for hearing, that the matter requires an extended hearing, in which case the matter may be continued by the Court to a date and time certain.

CRITICAL

Applications for ex parte relief must not be made by letter.

Applications to the Court for ex parte relief must never be made by letter.

CRITICAL

If a case in mediation or evaluation is settled or dismissed, counsel or a self-represented party must provide the Court Mediator a copy of the filed document disposing of the case.

If a case that is in mediation or evaluation is settled or dismissed, counsel or a self-represented party must provide a copy of the filed stipulation, order, or dismissal disposing of the case, to the Court Mediator.

CRITICAL

If the Court retains jurisdiction and a defendant or counsel seeks modification of probation, they must contact the Clerk to set a hearing before the sentencing bench officer, on that officer’s regular calendar.

In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the defendant or counsel must contact the Clerk of the Court in order to set a hearing before the bench officer who imposed the sentence. The matter will be set on a regular calendar over which that bench officer presides.

CRITICAL

Contact

Phone to clerk

If counsel expects a law-and-motion matter to require more than 15 minutes, counsel must notify the Clerk and opposing counsel or the unrepresented party, in person or by telephone, by the close of the third court day before the hearing; the Court may then continue it.

"Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to present and argue, unless otherwise defined by these Rules. If the attorney for any party determines that a matter set on the law & motion calendar is likely to require more than a total of 15 minutes, counsel must notify the Clerk of the Court and opposing counsel or unrepresented party, in person or by telephone, no later than the close of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by the Court to another date and time certain.

CRITICAL

Contact

Phone to clerk

Whenever a case that has been assigned a trial date settles, then the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to notify the Court. Notification may be by telephone to the Clerk, but, in such case, must be followed within five (5) days by a confirmation letter copied to all parties.

Whenever a case that has been assigned a trial date settles, then the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to notify the Court. Notification may be by telephone to the Clerk, but, in such case, must be followed within five (5) days by a confirmation letter copied to all parties.

CRITICAL

The applicant must contact the Clerk to schedule the hearing and give notice of it.

The applicant is responsible for contacting the Clerk of the Court to schedule the hearing, and for giving notice thereof.

CRITICAL

Detention hearings are generally set for Mondays at 1:00 P.M.; for a hearing at another time, the detaining agency must notify the Clerk by 3:00 P.M. on the preceding court day so court personnel can be reserved.

In general, detention matters in delinquency cases will be set for hearing at 1:00 P.M. on Mondays. If a delinquency detention matter must be heard at any time other than as set forth in this Rule 17.02.B, the detaining agency must give notice to the Clerk of the Court by no later than 3:00 PM on the court day next preceding the day of the proposed hearing, so that the Clerk can reserve a bench officer, a reporter, and security personnel.

CRITICAL

If the proceeding will not go forward as scheduled, the requesting party must notify the Court and the court reporter's office at least 24 hours beforehand or forfeit the deposit.

If the proceeding for which an official court reporter has been requested is settled or continued, or for any other reason does not go forward as calendared, it is the duty of the party who requested the reporter to so notify both the Court and the office of the official court reporter not later than 24 hours prior to the scheduled proceeding. Failure to provide such notice will result in forfeiture of the deposit for the requested court reporter, and the deposit will be applied to payment for the court reporter's services.

CRITICAL

For a dependency detention hearing scheduled at a different time, the detaining agency must notify the Clerk by noon on the immediately preceding court day.

If a dependency detention matter must be heard at any time other than as set forth in this Rule 15.02.B, the detaining agency must give notice to the Clerk of the Court by no later than 12:00 PM (noon) on the court day immediately preceding the day of the proposed hearing, so that the Clerk can reserve a bench officer, a reporter, and security personnel.

CRITICAL

A party requesting an official court reporter for a proceeding not normally reported must give written notice to the Clerk at least 10 days before the proceeding, or at another time the Court requires.

Any party who requests the presence of an official court reporter for a trial or other proceeding not normally reported (as set forth above) must make that request, by written notice to the Clerk of the Court, not less than ten (10) days prior to commencement of the proceeding, or at such other time as the Court may require.

CRITICAL

Counsel or a party may not unilaterally request a hearing calendar date unless the Court orders it or a court rule or written policy provides otherwise; specified juvenile detention hearings and probation-violation arraignments are exceptions.

Unless expressly ordered by the Court, or otherwise provided for in these Rules or some other written policy of the Court, no counsel or party may unilaterally request that a matter be calendared for hearing. Exceptions to this Rule include the Court's existing policy regarding the calendaring of juvenile detention hearings under Welfare & Institutions Code Sections 300 and 600, and calendaring the arraignments of defendants taken into custody for alleged probation violations.

CRITICAL

Counsel must send the Court Mediator a copy of any filed substitution in or out of a case that is in mediation or evaluation.

When a case is in mediation or evaluation, counsel must send a copy of any filed substitution in or out of the case to the Court Mediator.

CRITICAL

Contact

Phone to clerk

Upon receipt of approval by a judge, the Clerk of the Court may authorize the matter to be so calendared, and shall telephonically notify the court reporter, all counsel and parties in propria persona, and all necessary security personnel (and custodial personnel if the defendant is in custody), of the date and time of the hearing.

Upon receipt of approval by a judge, the Clerk of the Court may authorize the matter to be so calendared, and shall telephonically notify the court reporter, all counsel and parties in propria persona, and all necessary security personnel (and custodial personnel if the defendant is in custody), of the date and time of the hearing.

CRITICAL

Counsel or an unrepresented party must notify the Clerk at least 48 hours before a proceeding requiring an interpreter in the specified fee-waiver, criminal, and juvenile matters.

When the Court approves a fee waiver request by an indigent litigant for court-appointed interpreter’s fees for witnesses [Rules 3.50-3.58 of the California Rules of Court], and in all criminal and juvenile matters for which an interpreter will be necessary, counsel (or the party if unrepresented by counsel) must notify the Clerk of the Court at least forty-eight (48) hours prior to the time set for the proceeding at which an interpreter will be required.

CRITICAL

The detaining agency must notify the Clerk of the Court about a detention matter by 3:00 PM on the immediately preceding court day.

It is the responsibility of the detaining agency to give notice to the Clerk of the Court of any detention matter to be heard on the calendar, by no later than 3:00 PM of the immediately preceding court day.

CRITICAL

A party participating in mediation or evaluation must notify the Mediator before filing an ex parte custody or visitation application.

No party who is participating in mediation or an evaluation may submit an ex parte application to the Court regarding custody and/or visitation without first notifying the Mediator of such application prior to filing it.

CRITICAL

Counsel and unrepresented parties must advise the Mediator of relevant address or telephone-number changes.

Counsel and unrepresented parties must also advise the Mediator of any relevant changes of address or telephone number.

CRITICAL

A plaintiff seeking an oral prove-up must apply to the Clerk for a hearing; hearings expected to take more than 15 minutes require a special setting.

If a prove-up by oral testimony is desired, the plaintiff must apply to the Clerk of the Court for a hearing, which will be set on the regular civil law and motion calendar, unless more than fifteen (15) minutes will be required, in which case a special setting will be necessary.

CRITICAL

When a calendared settlement conference matter is resolved beforehand, the parties must inform the Clerk that the matter can be removed from the calendar.

If a settlement conference has been calendared and the matter is resolved prior thereto, the settlement conference will not be dropped from calendar unless and until the parties have filed settlement papers or a dismissal of the action, and have informed the Clerk of the Court that the matter can be dropped from calendar.

WARNING

If practicable, further out-of-court requests to increase or reduce bail must be made to the judge who set the bail.

When a judge outside of court has set bail, then any further out-of-court requests for the increase or reduction of bail must be made, if practicable, to the judge who set such bail.

WARNING

To request a continuance of a small claims hearing, the plaintiff must contact the Clerk in advance by telephone or in writing.

The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff contacts the Clerk of the Court in advance of the hearing date, either by telephone or in writing, to request a continuance.

WARNING

The presiding judge determines whether a proceeding may be photographed or recorded, subject to CRC Rule 1.150, and requests must be made to that judge.

The photographing or recording of any proceeding will be as determined by the judge who is presiding over that proceeding, subject to CRC Rule 1.150, and any request concerning photographing or recording the proceeding must be made to that judge.

WARNING

Counsel are advised to consult the Clerk before requesting a specific setting because the calendar day and time may change.

Because the day and hour reserved for these calendars may change from time-to-time, counsel are advised to consult the Clerk before requesting a specific setting.

WARNING

If the moving party or counsel will be unavoidably late, the Clerk of the Court must be notified as soon as possible.

If the moving party or counsel is going to be unavoidably late, the Clerk of the Court must be so notified at the earliest possible opportunity.

WARNING

Counsel must give the setting judge, presiding judge, or designee a reasonable estimate of the preliminary hearing’s length when it is set or as soon as possible afterward.

Counsel must, at the time of setting or as soon as possible thereafter, indicate to the setting judge, the presiding judge, or the presiding judge's designee a reasonable estimate of the length of any preliminary hearing.

WARNING

Contact

Phone to clerk

After a unanimous written stipulation, counsel or a self-represented party may notify the Clerk in person or by telephone and request a hearing date and time; the Clerk may calendar it after a judge approves.

If counsel, or counsel and parties in propria persona, unanimously stipulate in writing that a matter may be placed on calendar and heard by the Court without notice, then counsel or such party may notify the Clerk of the Court, in person or by telephone, of the fact of the stipulation, and may request that the matter be calendared for hearing at a designated date and time. Upon receipt of approval by a judge, the Clerk of the Court may authorize the matter to be so calendared

WARNING

Counsel requesting a telephonic appearance at the specified conferences must submit the request directly to the vendor, not to the Court.

Requests by counsel to appear telephonically at any of the previously mentioned conferences must be submitted directly to the vendor, not to the Court, although notice that the

WARNING

The Court will not consider ex parte communications unless they comply with the procedures prescribed by these Rules, the California Rules of Court, or state law.

The Court will not consider any ex parte communications from counsel or unrepresented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State.

WARNING

The Family Law motion calendar is normally held Mondays at 10:00 a.m., but dates and times may change; parties should confirm dates with the Clerk, who sets motion and Order to Show Cause hearing dates.

The law & motion calendar for Family Law cases is held weekly, at 10:00 a.m. each Monday. The dates and times for fixed calendars are subject to change. Parties should confirm dates with the Clerk of the Court. The Clerk will set any motion, or enter the date of hearing on an Order to Show Cause, and will insert the requested date on the moving papers along with the appropriate time.

INFO

A person with a complaint about the Mediator is encouraged to raise it with the Mediator first and seek direct resolution.

Anyone with a complaint about his or her experience with the Mediator is encouraged to first raise that concern with the Mediator and to seek direct resolution of the problem.

INFO

Contact

Phone to clerk

Delinquency calendar dates may change, and interested persons may call the Clerk to confirm a matter’s date and time.

The Court maintains a weekly calendar for delinquency proceedings; however, cases assigned to that calendar may be subject to calendar changes. Interested persons can confirm the date and time of a calendared delinquency matter by calling the Clerk of the Court.

INFO

After the Clerk reviews and approves the document’s form, the sender may request confirmation that it was filed.

The sender upon request may obtain confirmation that the document has been filed to the Clerk of the Court, after review and approval of the form of the document by the Clerk.

INFO

Contact

Phone to clerk

A request to the Clerk for a continuance of an initial hearing date may be made by telephone.

A continuance of the initial date for any hearing may be granted by the Clerk by telephone if (a) the moving party represents to the Clerk that service has been made and that the parties agree to the continuance to a specified date certain; and (b) the request is made before 4:00 PM at least two (2) court days before the scheduled hearing.

INFO

The Mediator will inform people who inquire about mediation or evaluation procedures of the applicable Local Rules and keep a copy available for public reference.

When the Mediator receives an inquiry regarding the policies and procedures relating to mediation or evaluations, the Mediator will inform the inquiring individual of the policies and procedures provided by these Local Rules of Court. The Mediator will maintain a copy of these Rules for public reference.