New: a trial court in 1 of every 10 U.S. counties. Read the post
Court Rules
Judge

Judge Wendy J. Dier

Individual Rules, Standing Orders & Policies

Modoc Superior Court

Limits & Logistics

Document Limits

Brief
35 pgs

Courtesy Copies

Application, Moving Papers

  • No Later Than Four Business Hours Before Hearing

Brief

Responding Papers

  • Prior to Hearing If Possible

Adjournments

2Court Daysnotice
  • To obtain the agreed continuance, notify the Clerk in person or by telephone by 5:00 P.M. at least two court days before the hearing, then file a written confirmation before the hearing; both notices must state the parties' agreement and the new date and time.
  • The Clerk may grant a continuance of an initial hearing date by telephone if service has been made, the parties agree on a specified date, and the request is made before 4:00 PM at least two court days before the hearing.
  • Failure to notify the Court of an agreed continuance before 4:00 PM at least two court days before the hearing may result in monetary sanctions.
Adversary PositionProposed Rescheduled Date

Communication

Phone

Clerk

Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Writ-petition support and opposition briefs are limited to 35 pages and reply briefs to 20 pages, excluding the listed materials; the Court may grant leave for good cause under CRC Rule 3.1113 and any other conditions it imposes.

Brief
Up to 35 pages
Reply brief
Up to 20 pages
Applies to
  • Writ petition motions

Excluded from page count

  • Exhibits
  • Attachments

Court's wording

The form of briefs in support of or in opposition to writ petitions (regarding mandate and prohibition) must generally conform to rules specified for motions in both these Rules and the California Rules of Court, except that no brief, either in support of or in opposition to a writ petition, including its memorandum of points and authorities (but excluding exhibits, declarations, attachments, tables, and proof of service) may exceed thirty-five (35) pages in length, and no reply brief may exceed 20 pages. Leave of Court to file a brief in excess of the limitations fixed by this Rule may be granted upon a showing of good cause, and an application for such leave of Court must be made according to the procedures set forth in CRC Rule 3.1113, and on such other conditions as the Court may impose.

modocrules-07-01-2024 · p. 25
|SectionRule 3.08.A.1

Document Format Requirements34 rules

FormattingMandatory

All papers filed with the Court must be in conformity with each and every requirement of Rules 2.100-2.119 of the California Rules of Court.

modocrules-07-01-2024 · p. 11
|Section2.11.B Form of Papers
FormattingMandatory

The Clerk of the Court will not accept for filing, or file, any papers that do not comply with the requirements of CRC Rules 2.100-2.119, unless the Court has ordered otherwise for good cause shown.

modocrules-07-01-2024 · p. 12
|Section2.11.C Clerk’s Authority
FormattingMandatory

3. By Filing through FAX Filing Agent. Filing through an agent pursuant to full compliance with CRC Rules 2.300-2.306, and if the document is on plain paper, not thermal paper.

FormattingMandatory

Papers supporting or opposing a motion or other application must comply with the specified California Rules of Court, and noncompliance may result in denial of relief or disregard of the papers.

Court's wording

All papers filed in support of or in opposition to a motion or other application for an order must comply with Rules 3.110-3.115, and Rules 2.100-2.119, of the California Rules of Court. Failure to comply with those Rules may, in the Court's discretion, constitute a sufficient basis for the Court to deny relief or to otherwise disregard the papers filed. This paragraph is not intended to diminish the Court's authority to exercise its discretion in any other appropriate manner.

modocrules-07-01-2024 · p. 15
|Section3.02(A) Format of Papers
FormattingMandatory

Every request to take judicial notice must comply with Rule 3.1306 of the California Rules of Court.

modocrules-07-01-2024 · p. 16
|Section3.02(D) Requests for Judicial Notice
FormattingMandatory

Every memorandum of points and authorities submitted in support of or opposition to a motion or application must be in accordance with Rule 3.1113 of the California Rules of Court. The Court may, in its discretion, disregard any paper that does not comply with this Rule.

modocrules-07-01-2024 · p. 16
|Section3.02(E) Memoranda of Points and Authorities
FormattingMandatory

If a proceeding in prohibition or mandate includes a record for the Court’s review that exceeds 25 pages, the record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered, with two holes punched into the top margin and all pages fastened together, and the front page must bear the caption of the matter and the case number.

Applies to
  • More than 25 pages

Formatting

  • Each page must be consecutively numbered
  • All pages must be fastened together
FormattingMandatory

All proposed jury instructions must conform to the requirements of Rule 2.1055 of the California Rules of Court.

modocrules-07-01-2024 · p. 33
|Section4.07 F. Form of Proposed Jury Instructions
FormattingMandatory

A special verdict or special findings form must be drafted so as to require, if possible, an answer of "yes" or "no", or, if that is not possible, then to require the most concise answer that will be sufficient.

modocrules-07-01-2024 · p. 33
|Section4.07 G. Special Verdict and Finding Forms
FormattingMandatory

Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing.

modocrules-07-01-2024 · p. 38
|Section5.07 Sanctions
FormattingMandatory

All such motions to suppress must be in writing

FormattingMandatory

Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence must be in writing

modocrules-07-01-2024 · p. 46
|SectionRule 8.01, C. Requirements of Discovery Motion
FormattingMandatory

Any response to a specific request also must be in writing

modocrules-07-01-2024 · p. 46
|SectionRule 8.01, C. Requirements of Discovery Motion
FormattingMandatory

When a party has more than ten trial exhibits, all exhibits must be pre-marked before trial and accompanied by an ordered cover sheet with space for the clerk to record each exhibit’s status.

Court's wording

In any case where a party has in excess of ten (10) exhibits to enter in evidence at a trial, the party or attorney must arrange to have all exhibits pre-marked prior to the trial, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit in order, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit.

modocrules-07-01-2024 · p. 47
|Section9.03 Exhibits
FormattingMandatory

Absent an order of the Court on good cause shown, all jury instruction requests covering the law as disclosed by the pleadings, all special findings and verdict forms, and all requested jury voir dire questions, must be in writing and must be delivered by counsel to the trial judge and opposing counsel/party(s) no later than the pretrial conference on morning of the first day of the trial.

modocrules-07-01-2024 · p. 47
|Section9.02 Submission of Jury Instructions, Verdict Forms and Voir Dire Questions
FormattingMandatory

When a party has more than ten exhibits to enter in evidence at a hearing, all exhibits must be pre-marked before the hearing and accompanied by an ordered cover sheet with space for the clerk to record each exhibit’s status.

Court's wording

In any case where a party has in excess of ten (10) exhibits to enter in evidence at a hearing, the party or attorney must arrange to have all exhibits pre-marked prior to the hearing, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit in order, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit.

modocrules-07-01-2024 · p. 48
|Section10.03 Exhibits
FormattingMandatory

No motion for continuance of a preliminary examination will be considered unless submitted to the Court in writing no later than 4:00 P.M. of the Friday before the preliminary examination is scheduled.

modocrules-07-01-2024 · p. 48
|Section10.02 Continuance of Preliminary Examination
FormattingMandatory

Any ex parte application to the Court for an order shortening time must comply with Local Rule 3.03.

modocrules-07-01-2024 · p. 50
|Section12.03.B Filing and Service
FormattingMandatory

Unless otherwise ordered or provided by law, pretrial motions must be written, include a memorandum of points and authorities, and comply with the cited California Rules of Court requirements.

Court's wording

Unless otherwise ordered or specifically provided by law, all pretrial motions must be in writing and must be accompanied by a memorandum of points & authorities. All such motions and supporting documents, opposition papers, and the hearings thereon must comply with Rule 4.111 of the California Rules of Court. The form and format of all motions, and supporting or opposition documents, must be as required by the California Rules of Court and, specifically, CRC Rules 2.100-2.119.

modocrules-07-01-2024 · p. 50
|Section12.03.A Form of Pretrial Motions
FormattingMandatory

To calendar and hear a matter without notice, counsel or counsel and self-represented parties must unanimously stipulate in writing.

Court's wording

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.

modocrules-07-01-2024 · p. 50
|Section12.03.D Hearings by Stipulation of Counsel/Parties
FormattingMandatory

all documents filed with the Court must comply with the California Rules of Court as to form and format.

modocrules-07-01-2024 · p. 52
|Section13.01 Use of Judicial Council Forms, Proofs of Service
FormattingMandatory

All stipulations must be in writing, and all stipulations must be submitted to the Court prior to or at the calendar call on the date set for hearing.

Formatting

  • All stipulations must be in writing
modocrules-07-01-2024 · p. 54
|SectionStipulations
FormattingMandatory

All photographs submitted to the Mediator must be photocopied on 8–1/2 x 11-inch white paper

Paper size
Letter
Applies to
  • Photograph
modocrules-07-01-2024 · p. 62
|SectionB. Specific Procedures, 4. Evaluator’s Questionnaire and Format of Documents
FormattingMandatory

Questionnaires and documents cannot be bound. Documents must be 8-1/2 by 11 inches in size. Odd-sized documents must be mounted on an 8-1/2 x 11-inch page. Documents must be one-sided only.

Paper size
Letter
Applies to
  • Evaluator questionnaire
  • Evaluator document

Formatting

  • Questionnaires and documents cannot be bound
  • Documents must be one-sided only
modocrules-07-01-2024 · p. 62
|SectionB. Specific Procedures, 4. Evaluator’s Questionnaire and Format of Documents
FormattingMandatory

All briefs filed with the Appellate Division must be bound on the top, with covers in colors as designated by California Rules of Court, rule 8.40(a).

modocrules-07-01-2024 · p. 102
|SectionAPPENDIX A, C. BRIEFS
FormattingImportant

A request to be excused from jury service for hardship must be from the prospective juror and must be in writing.

modocrules-07-01-2024 · p. 10
|SectionB. Form of Request to Be Excused from Jury Service
FormattingImportant

The form of briefs in support of or in opposition to writ petitions (regarding mandate and prohibition) must generally conform to rules specified for motions in both these Rules and the California Rules of Court

modocrules-07-01-2024 · p. 25
|SectionRule 3.08.A.1
FormattingImportant

Rules 3.1110 and 3.1113 of the California Rules of Court govern the form and format of exhibits to a motion or application, including photographs used as exhibits.

FormattingImportant

Default judgment applications and supporting evidence may be presented in writing or by oral testimony, except for the specified clerk-entered default cases and quiet-title cases.

Court's wording

Except for default cases in which the Clerk of the Court may enter judgment without review by a judicial officer, Code of Civil Procedure §585(a), and cases in which plaintiff seeks to quiet title pursuant to CCP §764.010 (see Rule 5.11, below), applications for entry of default judgment and evidence in support thereof may be presented either in written form or by oral testimony.

modocrules-07-01-2024 · p. 38
|Section5.08.A.1 Manner of Presentation
FormattingImportant

Motions that are out-of-the-ordinary or unusual (e.g. complex or extensive motions in limine) must be made in writing whenever possible

modocrules-07-01-2024 · p. 46
|SectionRule 9.01, Motions at Trial
FormattingImportant

Upon written request, any defendant will be afforded a trial by declaration, as may be allowed by Vehicle Code §40902. A defendant who requests a trial by declaration will be required to waive time for speedy trial.

Formatting

  • The request must be in writing
modocrules-07-01-2024 · p. 48
|Section11.02 Trials by Declaration
FormattingImportant

Briefs that are filed by fax filing or electronically filed are not required to be bound or to have covers in the colors designated by California Rules of Court, rule 8.40(a).

modocrules-07-01-2024 · p. 102
|SectionAPPENDIX A, C. BRIEFS
FormattingNote

Counsel and unrepresented parties are urged to review those requirements on a regular basis.

modocrules-07-01-2024 · p. 11
|Section2.11.B Form of Papers
FormattingNote

The Court will sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto.

modocrules-07-01-2024 · p. 37
|Section5.05 Form of Stipulated Judgment

Document Filing Requirements246 rules

Filing RequirementsMandatory

The document to be filed must include the words “BY FAX” immediately below its title.

Document
Fax filed document

Must include

  • “BY FAX” immediately below its title
modocrules-07-01-2024 · p. 12
|Section2.12.B.1.b By Automated FAX Filing System
Filing RequirementsMandatory

An informational cover sheet that identifies the transmitting party, his or her telephone number and address, the date of the transmission, the case name, and the case number, must accompany every paper received by FAX pursuant to this part.

Filing RequirementsMandatory

Counsel or an unrepresented party must submit a prominently displayed cover sheet with the specified wording for an ex parte matter.

Court's wording

In ex parte matters, an additional cover sheet must be prepared and submitted by counsel or unrepresented party, which states, in a manner designed to be readily observed by the clerk and the Court: “THIS IS AN EX PARTE APPLICATION. THE MATTER IS CALENDARED FOR HEARING AT [DATE and TIME]”.

Filing RequirementsMandatory

In addition, every case caption sheet that is so transmitted must indicate: "FILED BY FAX” in the upper right-hand corner.

Filing RequirementsMandatory

An attorney who wishes to be relieved as attorney of record must comply with Rule 3.1362 of the California Rules of Court.

Filing RequirementsMandatory

A separate application for fee waiver must accompany each filing of a new case.

modocrules-07-01-2024 · p. 14
|SectionRule 2.13(A)
Filing RequirementsMandatory

A substitution of attorneys or substitution of a party in pro per is not complete or effective unless the address and telephone number of the new attorney or new unrepresented party, and the state bar number of the new attorney, are included on the substitution form.

Filing RequirementsMandatory

The filing party must stamp the notice of assignment on the initiating case document and its conformed copies for service.

Court's wording

All civil cases shall be assigned to a particular bench officer for all purposes at the time of the initial filing by stamping notice of assignment on the initiating case document and upon any conformed copies of same for service upon opposing counsel or opposing party(s) by the filing party.

Filing RequirementsMandatory

When a party has more than 10 exhibits to enter at a hearing, the exhibits must be pre-marked before the hearing.

Court's wording

In any case where a party has in excess of ten (10) exhibits to enter in evidence at a hearing, the party or attorney must arrange to have all exhibits pre-marked prior to the hearing, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit in order, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit.

modocrules-07-01-2024 · p. 16
|Section3.02(C) Exhibits
Filing RequirementsMandatory

A cited authority other than the specified California authorities must be attached to the citing paper and tabbed as an exhibit.

Court's wording

If any authority other than a California case, statute, constitutional provision, or state or local rule is cited, a copy must be attached to the paper in which the authority is cited, and tabbed as an exhibit in the required manner, CRC Rule 3.1113.

modocrules-07-01-2024 · p. 16
|Section3.02(E) Memoranda of Points and Authorities
Filing RequirementsMandatory

Declarations supporting or opposing motions or other applications must comply with the cited rules and state evidentiary facts under penalty of perjury, with an exception for statutorily authorized information-and-belief statements that must include their factual basis.

Court's wording

All declarations submitted in support of or in opposition to a motion, or any other application to the Court, must comply with the requirements of CRC Rule 3.1115 and Code of Civil Procedure §2015.5. Failure to comply may result in the Court’s disregard of the declaration. Unless a statute authorizes a declaration on information and belief, the declaration must set forth statements of evidentiary facts to which the declarant could testify if called as a witness, and must include a declaration under penalty of perjury by the declarant to that fact. If a statute authorizes a statement on information and belief, and the declarant makes such statement, the facts upon which the declarant’s information and belief are based must be included.

modocrules-07-01-2024 · p. 17
|SectionRule 3.02 H. Supporting Declarations
Filing RequirementsMandatory

Except as to an adverse party in default, an ex parte application for an order must be supported by an affidavit or declaration establishing timely notice, a good-faith unsuccessful attempt to give notice, or specified good cause for proceeding without notice.

Court's wording

1. Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: a. that within a reasonable time (see part 3.03.B(2), below) before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, b. that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, c. that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application.

modocrules-07-01-2024 · p. 18
|SectionRule 3.03 B(1)
Filing RequirementsMandatory

5. Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.

modocrules-07-01-2024 · p. 18
|SectionRule 3.03 B(5)
Filing RequirementsMandatory

Counsel or an unrepresented party must complete and submit a Declaration re Notice with specified Family Code and other listed ex parte applications or petitions.

Court's wording

3. For ex parte applications made pursuant to any provision of the Family Code, or for petitions for temporary guardianship pursuant to Probate Code §2250, or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, or 527.8, a "Declaration re Notice" must be completed by counsel or unrepresented party, and submitted along with the ex parte application.

modocrules-07-01-2024 · p. 18
|SectionRule 3.03 B(3)
Filing RequirementsMandatory

The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo.

modocrules-07-01-2024 · p. 19
|SectionChange of Status Quo
Filing RequirementsMandatory

If an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party's attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing.

modocrules-07-01-2024 · p. 19
|SectionEx Parte Request for Order Shortening Time
Filing RequirementsMandatory

A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.

modocrules-07-01-2024 · p. 19
|SectionEx Parte Request for Order Shortening Time
Filing RequirementsMandatory

Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Request for Order Shortening Time
Filing RequirementsMandatory

Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b).

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

If opposing counsel was not contacted or did not agree, the declaration must explain why the proposed hearing date should be set without consent and why shortened notice is necessary.

Court's wording

If the responding party's attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Request for Order Shortening Time
Filing RequirementsMandatory

Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

Where the applicant relies wholly or in part on a verified complaint, a separate statement setting forth the evidentiary facts upon which the applicant relies must accompany the application.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030.

modocrules-07-01-2024 · p. 20
|SectionEx Parte Writs of Attachment or Possession
Filing RequirementsMandatory

On a subsequent application for the same or a similar order after an ex parte motion was denied, partly denied, or granted conditionally or on terms, the applicant must declare the details and disposition of the prior motion and any new facts claimed.

Court's wording

When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or a different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.

modocrules-07-01-2024 · p. 20
|SectionRe-Application after Denial of Ex Parte Application
Filing RequirementsMandatory

The applicant must submit a declaration describing payments or other compliance, the alleged failure, and the requested order.

Court's wording

Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the alleged failure to perform; and the substance of the order requested.

Filing RequirementsMandatory

Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer. The petition must be verified. Conclusions or statements of ultimate fact are not sufficient.

modocrules-07-01-2024 · p. 21
|SectionI. Ex Parte Applications in Matters Governed by the Probate Code
Filing RequirementsMandatory

A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit.

modocrules-07-01-2024 · p. 21
|SectionI. Ex Parte Applications in Matters Governed by the Probate Code
Filing RequirementsMandatory

The declaration submitted before the hearing must describe notice efforts or facts supporting why notice was impossible or detrimental.

Court's wording

At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.

modocrules-07-01-2024 · p. 21
|SectionI. Ex Parte Applications in Matters Governed by the Probate Code — 3. Time for Giving Notice
Filing RequirementsMandatory

In matters not governed by Rule 3.1312, or in cases where the Court finds that the time constraints of Rule 3.1312 are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).

Filing RequirementsMandatory

The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order.

modocrules-07-01-2024 · p. 25
|SectionRule 3.07.B.1
Filing RequirementsMandatory

The opposing party must either promptly approve or object to the proposed order, stating alternative proposed language.

modocrules-07-01-2024 · p. 25
|SectionRule 3.07.B.1
Filing RequirementsMandatory

A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument.

Document
Brief

Must include

  • Table of contents
  • Table of authorities
modocrules-07-01-2024 · p. 26
|SectionRule 3.08.A.2
Filing RequirementsMandatory

The front page of a record exceeding 25 pages in a mandate or prohibition proceeding must bear the matter caption and case number.

Document
Record

Must include

  • Caption
  • Case number

Court's wording

If a proceeding in prohibition or mandate includes a record for the Court’s review that exceeds 25 pages, the record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered, with two holes punched into the top margin and all pages fastened together, and the front page must bear the caption of the matter and the case number.

Filing & Service rules

Electronic Filing Rules

Filing through a fax filing agent is available subject to compliance with CRC Rules 2.300–2.306.

3. By Filing through FAX Filing Agent. Filing through an agent pursuant to full compliance with CRC Rules 2.300-2.306, and if the document is on plain paper, not thermal paper.

Page 13 | Rule 2.12

Fax filings must be sent to 530-233-6500.

Filings by fax shall be sent to the following telephone number: 530-233-6500

Page 104 | I. FAX FILINGS.

Electronic filings must be sent to the Appellate Division clerk's email address unless a clerk instructs otherwise.

Electronic filings shall be sent to clerk@modoc.courts.ca.gov unless instructed otherwise by a clerk of the Appellate Division.

Page 105

The Court may disregard a FAX-filed document that does not comply with the rule.

The Court may disregard any document filed by facsimile transmission that does not comply with this Rule.

Page 12 | 2.12.A.3 Filing is Permissive Only

The filing attorney or party, not the Court, is responsible for complete and proper FAX transmission.

The complete and proper transmission of a document by facsimile machine is the responsibility of the filing attorney or party, not of the Court.

Page 12 | 2.12.B.1.c By Automated FAX Filing System

The Court may terminate any permitted FAX filing method without prior notice.

The Court reserves the right to terminate any one or more of the methods allowed for FAX filing without giving prior notice.

Page 12 | 2.12.A.5 Filing is Permissive Only

The Court may suspend the FAX filing privileges of a party or attorney who fails to comply with the rule.

The Court may suspend the FAX filing privileges of any party or attorney who fails to comply with the requirements of this Rule.

Page 12 | 2.12.A.2 Filing is Permissive Only

FAX filing is permitted for all documents in civil, probate, and family law matters by counsel and unrepresented parties, subject to the Court’s discretion and the stated limitations.

The filing of documents by facsimile (“FAX”) transmission is discretionary with the Court, and the privilege is limited as follows: 1. Filing by facsimile transmission is permitted for all documents in civil, probate and family law matters, by counsel and by unrepresented parties.

Page 12 | 2.12.A.1 Filing is Permissive Only

A party may FAX file papers using the listed procedures, subject to California Rules of Court Rules 2.300–2.306.

Subject to Rules 2.300-2.306 of the California Rules of Court, a party may FAX file papers with the Court using any of the following procedures:

Page 12 | 2.12.B FAX Filing Procedures

The Court’s direct FAX filing number is (530) 233-6500, and the FAX machine operates 24 hours a day barring unforeseen circumstances.

The Court’s direct FAX filing number is (530) 233-6500. The Court’s FAX machine will be in operation 24 hours a day, barring unforeseen circumstances;

Page 12 | 2.12.B.1.e By Automated FAX Filing System

Documents for FAX filing are accepted by the Clerk through the Court’s FAX number.

The Clerk of the Court via the Court’s FAX number will accept documents for FAX filing.

Page 12 | 2.12.B.1.a By Automated FAX Filing System

A party may file documents by fax directly with the Appellate Division.

A party may file by fax directly to the Appellate Division.

Page 103 | I. FAX FILINGS.

A party may submit documents electronically to the Appellate Division for filing.

A party may submit documents electronically to the Appellate Division for filing.

Page 104 | J. ELECTRONIC FILINGS.

Filing Timing and Cure Windows

A FAX received after 5:00 P.M. or on a court holiday is deemed filed on the next court day.

any FAX received after 5:00 P.M. or on a court holiday will be deemed to have been filed on the next court day.

Page 12 | 2.12.B.1.e By Automated FAX Filing System

Payment for direct fax filing is due within five court days after transmission or by the hearing date, whichever occurs first.

The filing fee for direct FAX filing is $1.00 per page for each page transmitted, including the informational cover page, and must be paid by check, money order or cashier's check to the Clerk of the Court within five court days from the date of transmission or by the date of hearing, whichever first occurs.

Page 13 | Rule 2.12

A direct-fax filing is presumed filed on the date shown on its cover sheet, but a transmission begun after 5:00 p.m. is presumed filed the next court day; the Court’s fax-machine receipt message determines the start time.

Upon receipt of papers filed by direct FAX, the cover sheet will be considered as presumptive proof that the subject paper was filed on the date indicated thereon, unless the transmission was commenced after 5:00 p.m., in which case the filing will be presumed to have been accomplished on the next court day, and so filed in by the Clerk. The time that the transmission was commenced will be determined by the “time received” message that is printed at the top of the document by the Court’s FAX machine.

Page 13 | Rule 2.12

For motion notice, count the authorized calendar days for the service method and then the required 16 court days to the hearing, excluding the first day and including the hearing date.

In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count the number of calendar days authorized for the form of service that has been utilized by the moving party, and then count the required sixteen court days to the date of hearing. In counting both segments of time, the Court will exclude the first day (e.g., the actual date of personal service or of mailing), and will include the last day (the date of the hearing or other proceeding).

Page 15 | 3.02(B) Time for Filing; Calendar Changes; Proofs of Service

The required proof must be presented to the Court whenever possible no later than four business hours before the application and, in every case, by the time of the appearance.

5. Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.

Page 18 | Rule 3.03 B(5)

Contested ex parte matters requiring a hearing must be scheduled as early as possible and no later than noon of the preceding court day, unless good cause is shown.

Such matters must be scheduled for hearing by the Clerk of the Court as early as possible before the requested hearing but not later than 12:00 AM (noon) of the preceding court day unless good cause is shown.

Page 19 | Submission and Calendaring

At least four business hours before the hearing, the applicant must submit a declaration describing notice efforts or facts supporting impossibility or detriment from notice.

At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.

Page 21 | I. Ex Parte Applications in Matters Governed by the Probate Code — 3. Time for Giving Notice

When Rule 3.1312 does not govern or its timing is impracticable, the prevailing party must prepare and submit the proposed order within 10 calendar days after receiving the Court's written or oral ruling.

In matters not governed by Rule 3.1312, or in cases where the Court finds that the time constraints of Rule 3.1312 are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).

Page 24 | 3.07(A)

Unless expressly excused by the Court, each party must file and serve all other parties with a fully completed Judicial Council Form CM-110 no later than five calendar days before every Case Management Conference.

Not later than five (5) calendar days prior to every Case Management Conference (including Additional Case Management Conferences unless expressly excused by the Court), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

Page 27 | 4.01(4)(a)

Responsive pleadings must be filed and served within 30 days after service of the complaint.

filing and service of responsive pleadings within 30 days of service of the complaint.

Page 27 | 4.01(2)(a)

Proof of service of the summons and complaint must be filed within 60 days after case initiation.

filing of the proof of service of the Summons and complaint within 60 days of case initiation,

Page 27 | 4.01(2)(a)

When a trial date is continued by stipulation or outside a Case Management Conference, the matter returns to the regular case-management calendar and each party must file a current, complete CM-110 statement at least five days before the further proceedings date.

If a trial date is continued by stipulation or at any time other than during a case management conference, the matter will be set for further proceedings on the regular case management calendar, and at least five (5) days before that date each party must file a current and complete case management statement (JC Form CM-110).

Page 28 | 4.02(C)

Unless a request for entry of default or dismissal has been filed or the case is already set for trial, the plaintiff must file the trial-setting request within 25 days after filing the unlawful detainer complaint.

Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file and serve a written request to set the matter for trial, unless a request for entry of default or request for dismissal has been filed, or unless the case has already been set for trial.

Page 33 | 4.08 C. Request to Set for Trial

Unless a responsive pleading has been filed, proof of service or an application for a posting order is due within 15 days after the unlawful detainer complaint is filed.

Within fifteen (15) days after filing an unlawful detainer complaint, the plaintiff must file a proof of service of the summons and complaint, or an application for a posting order, unless a responsive pleading has been filed.

Page 33 | 4.08 B. Filing Proof of Service of Summons and Complaint

A request for a special verdict or proposed special findings forms must be filed before jury voir dire begins.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

Page 33 | 4.07 G. Special Verdict and Finding Forms

Unless money damages are dismissed, the plaintiff must set the case for an ex parte prove-up hearing within six months after entry of a clerk's judgment for restitution.

Within six months after a clerk's judgment for restitution is entered, the plaintiff must set the case for ex parte prove-up hearing, unless the money damages are dismissed.

Page 34 | 4.08 E. Case Closure

The petitioner or counsel must deposit the funds as ordered within 48 hours after receipt.

Petitioner or counsel must deposit the subject funds as ordered within 48 hours of receipt

Page 35 | 5.03(B)(2)

A receipt from the depository must be filed on Form MC-356 within 15 days after the deposit.

must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter.

Page 35 | 5.03(B)(2)

The settlement conference statement must be lodged with the Court no later than five calendar days before the conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

Page 37 | 5.06.C Settlement Conference Statement

File a complaint charging an out-of-custody defendant no later than two days before the defendant’s first appearance on the charges.

All criminal complaints charging out-of-custody defendants shall be filed with the Clerk of the Court no later than two (2) days before the time of the defendant's first appearance on those charges.

Page 41 | 6.01(C)

File a complaint charging an in-custody defendant as early as possible and no later than one hour before the defendant’s first appearance on the charges.

All criminal complaints charging in-custody defendants must be filed with the Clerk of the Court at the earliest time possible, in no case later than one (1) hour before the time of the defendant's first appearance on those charges.

Page 41 | 6.01(B)

File the declaration or offer of proof with the Clerk and personally serve it on the District Attorney’s Office no later than 24 hours before the hearing.

The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney no later than twenty-four (24) hours before the hearing.

Page 42 | 6.02(B)(2)

If the moving papers are not timely filed for the assigned hearing date, the motion may be deemed to have been waived by the moving party unless good cause is shown for the failure to file as required.

If the moving papers are not timely filed for the assigned hearing date, the motion may be deemed to have been waived by the moving party unless good cause is shown for the failure to file as required.

Page 44 | 7.03 B. Effect of Failure to File Moving Papers

Motions to suppress under Penal Code §1538.5 must be scheduled on a regular motion date before trial.

All such motions to suppress must be in writing, and must be scheduled on a regular motion date prior to trial.

Page 45 | Rule 7.03

Unless the court shortens time, criminal discovery motions are subject to the time standards in California Rule of Court 4.111.

Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence must be in writing and, absent an order shortening time, will be subject to the time standards of Rule 4.111 of the California Rules of Court, incorporated herein by this reference.

Page 46 | Rule 8.01, C. Requirements of Discovery Motion

A motion to continue a preliminary examination must be submitted by 4:00 P.M. on the Friday before the examination is scheduled.

No motion for continuance of a preliminary examination will be considered unless submitted to the Court in writing no later than 4:00 P.M. of the Friday before the preliminary examination is scheduled.

Page 48 | 10.02 Continuance of Preliminary Examination

A person proceeding by trial by declaration after posting bail must submit required evidence within the Clerk-set time limits or bail will be forfeited.

A person who has posted bail for a trial by declaration must adhere to the time limits set by the Clerk of the Court for submission of any required declarations, exhibits, or other evidence. Failure to submit said evidence in a timely manner will result in bail forfeiture without further proceedings.

Page 49 | Chapter 11

Pretrial motion filing deadlines are governed by Rule 4.111 of the California Rules of Court unless otherwise ordered or provided by law.

The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

Page 50 | 12.03.B Filing and Service

Post-trial motions are subject to the time limits in California Rule of Court 4.111, unless otherwise ordered or specifically provided by law.

The Court adopts the time limits set forth in Rule 4.111 of the California Rules of Court for all post-trial motions unless otherwise ordered or specifically provided by law.

Page 51 | 12.05 Requests for Sentence Modification and Other Post-Trial Motions

An attorney’s claim must be presented no later than 90 days after the attorney last rendered services in the matter.

The attorneys claim must be presented no later than ninety-days (90) from the date that he or she last rendered service in the matter.

Page 52 | 12.06 Claims by Court-Appointed Counsel for Payment of Fees

A request for live testimony must be filed at least 24 hours before the hearing to satisfy the stated timing condition for setting a lengthy matter on a trial or long-cause calendar.

If, after call of the calendar, the moving or responding party contends that the hearing will require more than fifteen minutes, and has made sufficient offer of proof or has filed, at least twenty-four hours before the hearing, a request for live testimony, then the Court will set the matter on the next available trial or long-cause calendar.

Page 53 | Lengthy Matters

Service and Proof of Service Rules

Unless otherwise ordered or provided by law, moving, supporting, opposition, and reply papers must be filed and served as required by the cited rules.

Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b), CRC Rule 3.1300.

Page 15 | 3.02(B) Time for Filing; Calendar Changes; Proofs of Service

Proof of service of moving papers must be filed at least five calendar days before the motion hearing.

Proof of service of the moving papers must be filed no later than five (5) calendar days before the time set for the hearing on the motion, CRC Rule 3.1300.

Page 16 | 3.02(B) Time for Filing; Calendar Changes; Proofs of Service

When an out-of-county judge is assigned, counsel must give notice of non-appearance as early as possible and no later than two court days before the hearing.

If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing.

Page 17 | Rule 3.02

Notice of non-appearance must be provided to the Clerk and opposing parties by a means reasonably calculated to ensure receipt no later than two days before the hearing.

Prior notice of non-appearance is required, CRC Rule 3.1304. The required notice must be given by means reasonably calculated to ensure receipt by the Clerk of the Court and opposing parties no later than two (2) days prior to the hearing date.

Page 17 | Rule 3.02

Service of moving papers is presumed timely if made by noon on the court day before the hearing, while service of opposition papers is presumed timely if made at least four business hours before the hearing.

4. Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing.

Page 18 | Rule 3.03 B(4)

Parties appearing at an ex parte hearing must serve the application or written opposition on all other appearing parties at the first reasonable opportunity; the stated presumptive deadlines differ for moving and opposition papers, and service may be by fax.

4. Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission.

Page 18 | Rule 3.03 B(4)

Notice to opposing counsel or unrepresented parties must be given in person, by telephone, or by fax by 10:00 a.m. on the court day before the ex parte appearance, absent exceptional circumstances; greater notice may be given by letter or other means.

2. “Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means.

Page 18 | Rule 3.03 B(2)

After an order shortening time is granted, moving papers must be promptly served on opposing counsel or an unrepresented opposing party and delivered at least two court days before the hearing, unless the Court authorizes otherwise.

In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party, and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court.

Page 20 | Ex Parte Request for Order Shortening Time

When a hearing opportunity is warranted for an ex parte probate application, the applicant must give specified notice to known interested persons no later than 10:00 AM on the preceding court day.

If a probate application is presented ex parte, and the need for an opportunity to be heard is apparent, the Court will calendar the matter for a hearing as soon as practicable, and will require the applicant, by no later than 10:00 AM of the court day just prior to the hearing date, to give notice of the nature of the application to counsel for any other known interested persons, or to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing.

Page 21 | I. Ex Parte Applications in Matters Governed by the Probate Code — 3. Time for Giving Notice

Formal notice must be given in probate matters when the propriety of an ex parte order is unclear or disputed facts indicate other parties should have an opportunity to be heard.

In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented, in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard.

Page 21 | I. Ex Parte Applications in Matters Governed by the Probate Code

A copy of the letter to the Court must be delivered to all other parties at the same time.

A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.

Page 25 | Rule 3.07.C

Copies of the cover letter and proposed order must be served on all parties.

A copy of the cover letter and the proposed order must be served on all parties.

Page 25 | Rule 3.07.B.2

A copy of the letter to the Court must be served on the opposing party.

A copy of the letter to the Court must be served on the opposing party.

Page 25 | Rule 3.07.B.1

Specified writ petitions must be served on the respondent in the same manner as a summons and complaint, and proof of service must be filed before the hearing on the motion or order to show cause.

All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint. Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ as specified in Local Rule 3.02(B).

Page 26 | Rule 3.08.C

Responsive pleadings must be served within 30 days after service of the complaint.

filing and service of responsive pleadings within 30 days of service of the complaint.

Page 27 | 4.01(2)(a)

Each cross-complainant must serve every cross-defendant with a copy of the Notice when serving the cross-complaint.

All cross-complainants must serve a copy of the Notice upon each cross-defendant at the time the cross-complaint is served.

Page 27 | 4.01(3)(b)

The summons and complaint must be served within 60 days after case initiation.

Service of the Summons and complaint within 60 days of case initiation,

Page 27 | 4.01(2)(a)

Unless expressly excused by the Court, each party must serve all other parties with a fully completed Judicial Council Form CM-110 no later than five calendar days before every Case Management Conference.

Not later than five (5) calendar days prior to every Case Management Conference (including Additional Case Management Conferences unless expressly excused by the Court), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

Page 27 | 4.01(4)(a)

When serving a party with the summons, the plaintiff must also serve that party with a complete copy of the Notice of Case Management Conference.

At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice upon that party;

Page 27 | 4.01(3)(b)

The plaintiff must serve the Notice on plaintiffs in intervention or interpleader within 10 days after being served with the relevant complaint.

and plaintiff must serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader.

Page 27 | 4.01(3)(b)

If settlement is reported by telephone to the Clerk, a confirmation letter copied to all parties must follow within five days.

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.

Page 30 | 4.04 Duties if Case Settles

A party who waives a previously demanded jury trial must promptly give written notice to the Clerk and all other parties.

A party who has demanded a jury trial and later decides to waive such demand must give prompt written notice of the waiver to the Clerk and to all other parties.

Page 30 | 4.05(B)(1) Notice of Waiver of Jury; Refund of Jury Fee Deposit

Copies of the required jury instructions must be served on all opposing counsel or unrepresented parties when the instructions are delivered to the trial judge.

At the same time, copies thereof must be served upon all opposing counsel or unrepresented parties.

Page 32 | 4.07(D)(1)

A request for a special verdict or proposed special findings forms must be served before jury voir dire begins.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

Page 33 | 4.07 G. Special Verdict and Finding Forms

Unless a request for entry of default or dismissal has been filed or the case is already set for trial, the plaintiff must serve the trial-setting request within 25 days after filing the unlawful detainer complaint.

Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file and serve a written request to set the matter for trial, unless a request for entry of default or request for dismissal has been filed, or unless the case has already been set for trial.

Page 33 | 4.08 C. Request to Set for Trial

A copy of the proposed judgment must be served on all counsel and unrepresented parties, and proof of service must be attached.

The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties.

Page 36 | 5.04(B)

The settlement conference statement must be served on all other parties no later than five calendar days before the conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

Page 37 | 5.06.C Settlement Conference Statement

When publication is complete, the petitioner must file the proof of publication and the request to enter default.

Upon completion of publication, the petitioner must all file the proof of publication and the request to enter default.

Page 39 | 5.10 B. Publication and Entry of Default

After receiving the signed publication order, the petitioner must publish the summons in the qualifying California newspaper once a week for four consecutive weeks.

Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks).

Page 39 | 5.10 B. Publication and Entry of Default

Personally serve the declaration or offer of proof on the District Attorney’s Office no later than 24 hours before the hearing.

The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney no later than twenty-four (24) hours before the hearing.

Page 42 | 6.02(B)(2)

When lodging an amended pleading, the party must immediately serve a copy on all other counsel or self-represented parties.

At the time the amended pleading is lodged with the Court, the party lodging the pleading must immediately serve a copy on all other counsel, or parties appearing in propria persona.

Page 43 | 6.05 B. Service Requirements

Filing Fees and Waivers

A document requiring a filing fee may be FAX filed only in the manner specified by Local Rules 2.15.B 2.

Any document for which a filing fee is required upon filing may be FAX filed only in the manner provided for by Local Rules 2.15.B 2.

Page 12 | 2.12.A.1 Filing is Permissive Only

Direct fax filing costs $1 per transmitted page, including the cover page, and must be paid by check, money order, or cashier’s check by the earlier of five court days after transmission or the hearing date; the filer and any attorney of record share the payment obligation, and nonpayment may result in specified court action.

The filing fee for direct FAX filing is $1.00 per page for each page transmitted, including the informational cover page, and must be paid by check, money order or cashier's check to the Clerk of the Court within five court days from the date of transmission or by the date of hearing, whichever first occurs. The payment of this fee is the joint obligation of the filing party and his or her attorney of record, if any. Failure to pay these fees will be deemed a failure to pay fees pursuant to Code of Civil Procedure §411.20, and may result in the Court’s nullification of a prior filing, in the Court’s disregard of a document so filed, and/or in the suspension of proceedings, including a calendared matter.

Page 13 | Rule 2.12

When a document requires a filing fee, direct filing with the Court is mandatory unless the filer has arranged payment with the Clerk or faxed a check for the correct filing fee and fax fee as specified.

Direct Filing with the Court is mandatory when a filing fee is required for the filing of any document, unless the filing party has made prior arrangements with the Court Clerk for payment of the filing fee, or has FAXED a copy of a check in the correct amount of the filing fee plus FAX fee in the manner set forth in subsection a, below, made payable to the Court.

Page 13 | Rule 2.12

When a prevailing party who received a fee waiver is awarded costs, the Court will order the party bearing costs to pay the waived fees directly to the Court.

In all cases in which a prevailing party has been granted a waiver of fees and is awarded costs, the Court will order that the party bearing costs pay, directly to the Court, the aggregate of any fees that were waived.

Page 14 | Rule 2.13(B)

A party preserving the right to a jury trial must deposit $150 with the Clerk by the initial Case Management Conference, or at least five days before trial in an unlawful detainer action.

A party who wishes to preserve the right to a jury trial must deposit with the Clerk, no later than the date of the initial Case Management Conference, the sum of $150.00, Code of Civil Procedure §631(b), (c), or at least five (5) days prior to the date set for trial in an unlawful detainer action, CCP §631(c) (1).

Page 30 | 4.05(A) Payment of Jury Fees Before and During Trial

The depositing party must submit a written request for a jury-fee refund within 20 days after waiver, settlement, dismissal, or continuance of trial.

Requests for refunds of jury fees must be submitted in writing by the depositing party within 20 days from the date that the jury is waived, or from the date that the action is settled or dismissed or the trial is continued (CCP §631.3).

Page 30 | 4.05(B)(2) Notice of Waiver of Jury; Refund of Jury Fee Deposit

Beginning on the second trial day, a party who demanded a jury must pay the requested amount for that day's jury fees and any accrued jury mileage or transportation costs on the day of the request.

Thereafter, at the beginning of the second trial day and each succeeding trial day, the courtroom clerk will ask the party or parties who demanded the jury to pay a sum equal to one day's actual jury fees plus the accrued mileage of and/or transportation for the jury, if any there be. Each such request must be honored on the day it is made.

Page 30 | 4.05(A) Payment of Jury Fees Before and During Trial

Applications to waive fees and costs must follow California Rules of Court, rule 8.818.

Applications for a waiver of fees and costs shall be made pursuant to California Rules of Court, rule 8.818.

Page 103 | G. WAIVER OF FEES AND COSTS.

Fees for a court-appointed witness interpreter are not waived in civil, family law, or probate cases unless the Court approves the requesting party’s application.

There will be no waiver of fees for payment of a court-appointed interpreter for witnesses in civil, family law, or probate cases, unless the Court has approved the requesting party’s application.

Page 14 | Rule 2.13(C)

No filing fee is required for the dismissal application unless a hearing is conducted.

(No filing fee will be required unless a hearing on the application is conducted.)

Page 22 | E. Procedure after Demurrer is sustained with Leave to Amend

Such monetary sanctions will be in addition to any fees required for the continuance.

Such monetary sanctions will be in addition to any fees required for the continuance.

Page 54 | Continuances

The Clerk may grant fee-waiver applications that meet the specified statutory eligibility standards.

The Clerk is authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code §68511.3, subdivisions (a)(6)(A) or (B).

Page 14 | Rule 2.13(A)

Courtesy Copy Requirements

Copies of the application or moving papers must be submitted to the Court at least four business hours before the hearing.

Copies of the application or moving papers must be submitted to the Court by no later than four (4) business hours prior to the scheduled time of the hearing

Page 19 | Submission and Calendaring

Copies of responding papers should be submitted to the Court before the hearing if possible.

copies of any responding papers should be submitted prior to the hearing if possible.

Page 19 | Submission and Calendaring

No additional copies of briefs are required because the appellate panel judges receive them electronically.

Copies are not required to be submitted because briefs are submitted to the appellate panel judges electronically, eliminating the need for additional copies.

Page 102 | APPENDIX A, C. BRIEFS

Sealing & Redaction Procedures

The original evaluation report must be kept under seal in the Court's file and is accessible only to the parties' attorneys or the self-represented parties themselves.

The original report will be maintained in the Court's file under seal, accessible only to the attorneys for the parties in the proceeding, or to self-represented parties themselves.

Page 63 | Rule 13.05.D

A document identified as a confidential tax return is kept in a confidential section of the file and may be viewed only by the parties, their attorneys, and the Court.

Any document so identified will be kept in a confidential section of the file, to be viewed only by the parties, their attorneys, and the Court.

Page 58 | 13.04(C) Filing Tax Returns with the Court

Access to information relating to dependency proceedings is restricted under the cited provisions, and the Court may issue further rules governing access to and dissemination of confidential juvenile information.

All persons interested in dependency proceedings are hereby notified of the provisions of Welfare & Institutions Code Section 827, et seq., and of Rule 1423 of the California Rules of Court, which restrict access to information relating to dependency proceedings. The Court may, from time to time, enact or issue an order to specify local rules and procedures related to access to, and dissemination of, confidential juvenile information.

Page 91 | 15.05 Confidentiality

Pre-Motion Conference Requirements

Before any hearing, counsel and the parties must meet and confer in good faith to try to resolve all issues.

Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues.

Page 54 | Meet and Confer Requirements; Exchange of Documents; Stipulations

If mediation fails and the Court has not ordered an evaluation, the parties must meet and confer and attempt to stipulate before a party may move to set the unresolved custody and visitation issues for trial.

Where mediation has failed and the Court has not ordered an evaluation, counsel for the parties, or unrepresented parties, must meet and confer, and must attempt to stipulate to a Judgment or Order resolving all contested custody and visitation disputes. If the Mediator reports that the parties have failed to resolve outstanding custody and visitation disputes, a party may bring a motion to set these issues for trial.

Page 64 | 13.06.A.4

Except with regard to motions for summary judgment, the Court discourages submission of reply briefs.

Except with regard to motions for summary judgment, the Court discourages submission of reply briefs.

Page 17 | Rule 3.02 I. Reply Briefs

Adjournment & Extension Requirements

To obtain the agreed continuance, notify the Clerk in person or by telephone by 5:00 P.M. at least two court days before the hearing, then file a written confirmation before the hearing; both notices must state the parties' agreement and the new date and time.

To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the Clerk of the Court in person or by telephone, no later than 5:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 5:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued.

Page 23 | 3.06(A)(2)

A written stipulation may substitute for a trial-continuance or trial-resetting motion only if all parties agree, the stipulation states good cause and that it is subject to Court approval, and it is accompanied by a proposed Order.

A stipulation to continue a trial, or to vacate a trial date and calendar the matter for resetting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to the Standards of Judicial Administration and CRC Rule 3.1332, and further state that the stipulation is subject to approval by the Court; and 3) the stipulation is accompanied by a proposed Order.

Page 28 | 4.02(B)(2)

A motion to advance, reset, specially set, or continue a trial date must be made on written notice to all parties who have appeared and set for hearing.

Motions to advance a trial date, to reset or specially set a case for trial, or to continue a trial date must be made on written notice to all parties who have appeared, and must be set for hearing.

Page 28 | 4.02(A)

A motion to continue a trial date must be noticed for hearing as soon as possible after the need for a continuance is ascertained.

A motion for continuance of a trial date must be noticed for hearing as soon as possible after the need for a continuance has been ascertained.

Page 28 | 4.02(B)(1)

A plaintiff who cannot appear at a small claims hearing must contact the Clerk in advance by telephone or in writing to request a continuance, or the action will be dismissed without prejudice.

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.

Page 40 | 5.11 B. Duty of Plaintiff to Appear or Request Continuance

Continuances are disfavored and require affirmative proof under Penal Code §1050 that the ends of justice require them; party agreement alone or substitution of counsel does not automatically establish good cause.

Motions to continue any hearing, including trial, are disfavored and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not, by itself, constitute good cause. Substitution of counsel does not automatically constitute good cause for a continuance.

Page 45 | Rule 7.03, D. Motions for Continuance

Continuances of preliminary examinations are disfavored and require affirmative proof that the ends of justice require them; party stipulation alone is insufficient, and substituting counsel does not automatically establish good cause.

Motions to continue the preliminary examination are disfavored, and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require the continuance. A stipulation by all parties to continue the preliminary examination, by itself, does not constitute good cause. Likewise, substitution of counsel does not automatically constitute good cause for a continuance.

Page 47 | 10.02 Continuance of Preliminary Examination

The Clerk may grant a continuance of an initial hearing date by telephone if service has been made, the parties agree on a specified date, and the request is made before 4:00 PM at least two court days before the hearing.

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.

Page 54 | Continuances

After telephone notice, the Clerk notifies the judge and immediately informs the reporting attorney or party if the continuance will not be granted; absent that response, counsel and parties may assume it is approved.

Upon receiving the telephonic notice, the Clerk of the Court will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the Clerk of the Court will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.

Page 23 | 3.06(A)(3)

The Court generally grants a law-and-motion hearing continuance when all counsel and self-represented parties agree both to the continuance and to its new date and time.

The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued, and are in agreement as to the date and time to which the matter will be continued.

Page 23 | 3.06(A)(1)

The parties may not stipulate to extend the previously listed deadlines except to the limited extent permitted by CRC Rule 3.110.

Except to the limited extent permitted by CRC Rule 3.110, no extensions of the previously mentioned times that are based on stipulation between the parties will be allowed.

Page 27 | 4.01(2)(b)

A stipulated extension beyond the statutory period will be allowed only on an ex parte application that complies with California Rules of Court 3.1200–3.1207 and demonstrates good cause.

The Court only upon ex parte application that 1) conforms to Rules 3.1200-3.1207 of the California Rules of Court and 2) demonstrates good cause will allow stipulated extensions of time for periods longer than permitted by statute.

Page 27 | 4.01(2)(c)

The Court may deny a trial-continuance request that is untimely or does not satisfy the requirements of Subpart 4.02.B.

The Court may refuse to grant a requested trial continuance if it is not timely, or if it fails to meet the requirements specified in this Subpart 4.02.B.

Page 28 | 4.02(B)(3)

Trial dates are firm and may not be changed without Court approval.

All dates for trial are firm and no trial date will be changed without Court approval.

Page 28 | 4.02(A)

A trial continuance will be granted only upon an affirmative showing of good cause.

No continuance will be granted except upon an affirmative showing of good cause (CRC Rule 3.1332; Standards of Judicial Administration).

Page 28 | 4.02(B)(1)

If service cannot be completed before the scheduled hearing, the plaintiff may contact the Court before the hearing date and the hearing will be continued for a reasonable time to allow service.

In many cases, service cannot be completed upon the defendant before the scheduled hearing date. If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.

Page 40 | 5.11 A. Statement of Policy

If an uncounseled defendant at arraignment is hiring or attempting to hire private counsel, the case may be continued for counsel and an initial plea; the continuance generally will not extend beyond 14 calendar days after the first appearance absent good cause for a later appearance.

In cases in which a defendant appears at arraignment without counsel and advises the Court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea. The continuance will generally not extend beyond fourteen (14) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.

Page 42 | 6.04(B)

A pretrial or settlement conference will not be continued unless actual good cause is shown.

The pretrial or settlement conference will not be continued without actual good cause shown.

Page 44 | 7.02 B. Preparation and Continuances

If a party fails to comply with the discovery rule or an discovery order, the court may grant a continuance or other listed relief or sanctions.

In the event of a failure to comply with this Rule or an order of discovery, the Court may grant a continuance, exclude the evidence not disclosed, dismiss the case, or order any other relief or sanction available at law or under these Rules.

Page 46 | Rule 8.01, E. Failure to Comply with Discovery Requirements

After counsel notifies the Clerk that an extended hearing is required, the Court may continue the matter to a date and time certain.

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.

Page 50 | 12.03.C Hearings

The Court disfavors continuance requests unless good cause is shown.

The Court looks with disfavor on requests for continuances, unless good cause is shown.

Page 54 | Continuances

Failure to notify the Court of an agreed continuance before 4:00 PM at least two court days before the hearing may result in monetary sanctions.

Failure to notify the court of an agreement for a continuance before 4:00 P.M. at least two (2) court days preceding the hearing may result in the imposition of monetary sanctions.

Page 54 | Continuances

Attorneys must bring their calendars to each hearing, and a conflict with a prior commitment will not justify a continuance if the attorney did not have the calendar available when the continuance was set.

Because contested matters are often continued to another date, attorneys must bring their calendars to each hearing. If an attorney does not have his or her calendar available at the time the continuance is being set, a matter that is continued to a date that conflicts with an attorney’s prior commitment will not be continued because of said commitment.

Page 55 | 13.02

If both parties in good faith believe a Family Law & Motion calendar matter cannot be completed within 15 minutes, they must inform the Court when the matter is called; the Court may continue it to its long-cause calendar or make another appropriate order.

If both parties believe in good faith that the matter cannot be completed within fifteen (15) minutes, they must so inform the Court at the time the matter is called. The Court may then continue the matter to another date on its long-cause calendar, or make other appropriate orders.

Page 55 | 13.02

Chambers Communication Rules

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.

Page 7 | 2.02(C) Effect of Settlement on Deposit for Official Court Reporter

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.

Page 7 | 2.02(B) Request for Presence of Official Court Reporter; Deposit

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.

Page 11 | 2.10 Interpreters

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.

Page 19 | Ex Parte Communication with the Court

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.

Page 19 | Submission and Calendaring

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.

Page 23 | 3.06(B)

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.

Page 30 | 4.04 Duties if Case Settles

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.

Page 37 | 5.06.D Duty re Settlement

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.

Page 38 | 5.08.A.3 Manner of Presentation

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.

Page 50 | 12.03.C Hearings

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.

Page 50 | 12.03.D Hearings by Stipulation of Counsel/Parties

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.

Page 50 | 12.03.D Hearings by Stipulation of Counsel/Parties

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.

Page 51 | 12.05 Requests for Sentence Modification and Other Post-Trial Motions

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.

Page 62 | B. Specific Procedures, 3. Settlement or Dismissal of the Action

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.

Page 62 | B. Specific Procedures, 2. Substitution of Attorney/Change of Address

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.

Page 62 | B. Specific Procedures, 1. Ex Parte Applications

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.

Page 62 | B. Specific Procedures, 2. Substitution of Attorney/Change of Address

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.

Page 85 | 15.02.B. Detention Hearings in Dependency Proceedings

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.

Page 85 | 15.02.B. Detention Hearings in Dependency Proceedings

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.

Page 91 | 16.02 Calendar Matters — B. Detention Hearings in Delinquency Proceedings

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.

Page 19 | Ex Parte Communication with the Court

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

Page 28 | 4.03(A)(2)

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.

Page 40 | 5.11 B. Duty of Plaintiff to Appear or Request Continuance

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.

Page 41 | 6.02(A)(1)

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.

Page 47 | 10.01 Time Estimate for Preliminary Examination

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.

Page 49 | 12.02 Photographing or Recording Court Proceedings

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

Page 50 | 12.03.D Hearings by Stipulation of Counsel/Parties

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.

Page 52 | 13.02 Family Law Motions and Orders to Show Cause

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.

Page 55 | 13.02

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.

Page 72 | 14.01 Settings and Assignments

Common questions about Judge Wendy J. Dier's rules

Are courtesy copies required for Judge Wendy J. Dier?

Courtesy-copy rule applies for applications and moving papers. Details: delivery no later than four business hours before hearing. Copies of the application or moving papers must be submitted to the Court at least four business hours before the hearing.

View ruleSource: page 19, section Submission and Calendaring

Does Judge Wendy J. Dier require a pre-motion conference or letter before filing a motion?

Before any hearing, counsel and the parties must meet and confer in good faith to try to resolve all issues.

View ruleSource: page 54, section Meet and Confer Requirements; Exchange of Documents; Stipulations

What page or word limits apply to brief before Judge Wendy J. Dier?

Judge Wendy J. Dier's rule states these limits: 35 pages; 20 pages. Excludes exhibits and attachments. Writ-petition support and opposition briefs are limited to 35 pages and reply briefs to 20 pages, excluding the listed materials; the Court may grant leave for good cause under CRC Rule 3.1113 and any other conditions it imposes.

View ruleSource: page 25, section Rule 3.08.A.1

What formatting rules apply to filings before Judge Wendy J. Dier?

Judge Wendy J. Dier's formatting rule includes the record must be copied onto double-sided pages., each page must be consecutively numbered., two holes must be punched into the top margin., and all pages must be fastened together.. A record exceeding 25 pages in a mandate or prohibition proceeding must be double-sided, consecutively numbered, punched with two holes in the top margin, fastened together, and have the matter caption and case number on its front page.

View ruleSource: page 26, section Rule 3.08.B

What must be included with fax filed document filings before Judge Wendy J. Dier?

A document submitted for FAX filing must include “BY FAX” immediately below its title.

View ruleSource: page 12, section 2.12.B.1.b By Automated FAX Filing System

What must be included with supporting declarations filings before Judge Wendy J. Dier?

Any evidentiary facts relied upon in the memorandum must also be presented in the supporting declarations.

View ruleSource: page 20, section Ex Parte Writs of Attachment or Possession

How may parties contact Judge Wendy J. Dier's chambers?

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.

View ruleSource: page 7, section 2.02(B) Request for Presence of Official Court Reporter; Deposit

How does Judge Wendy J. Dier handle sealed or redacted filings?

The original evaluation report must be kept under seal in the Court's file and is accessible only to the parties' attorneys or the self-represented parties themselves.

View ruleSource: page 63, section Rule 13.05.D

How do I request an adjournment or extension before Judge Wendy J. Dier?

Requests should be made at least 2 court days in advance when this rule applies before Judge Wendy J. Dier. The request must include adversary position and proposed rescheduled date. To obtain the agreed continuance, notify the Clerk in person or by telephone by 5:00 P.M. at least two court days before the hearing, then file a written confirmation before the hearing; both notices must state the parties' agreement and the new date and time.

View ruleSource: page 23, section 3.06(A)(2)

Are filing fees or waivers addressed before Judge Wendy J. Dier?

A fee is required for covered filings. A document requiring a filing fee may be FAX filed only in the manner specified by Local Rules 2.15.B 2.

View ruleSource: page 12, section 2.12.A.1 Filing is Permissive Only

Is electronic filing required before Judge Wendy J. Dier?

Electronic filing is permitted for the covered filings. Filing through a fax filing agent is available subject to compliance with CRC Rules 2.300–2.306.

View ruleSource: page 13, section Rule 2.12

When is a filing treated as filed before Judge Wendy J. Dier?

The rule uses a 5:00 P.M. cutoff and treats filing as next court day after cutoff. A FAX received after 5:00 P.M. or on a court holiday is deemed filed on the next court day.

View ruleSource: page 12, section 2.12.B.1.e By Automated FAX Filing System

What rule applies to service for motion papers before Judge Wendy J. Dier?

Unless otherwise ordered or provided by law, moving, supporting, opposition, and reply papers must be filed and served as required by the cited rules.

View ruleSource: page 15, section 3.02(B) Time for Filing; Calendar Changes; Proofs of Service
Complete rules summary for Judge Wendy J. Dier

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.

A document submitted for FAX filing must include “BY FAX” immediately below its title.

Any evidentiary facts relied upon in the memorandum must also be presented in the supporting declarations.

The trustee must file a depository receipt evidencing the ordered deposit.

An application to withdraw funds from a blocked account must be verified.

A vehicle-purchase withdrawal petition must include a casualty insurance quote.

The listed Ex Parte Motion for Publication is designated mandatory.

The listed Marsden Motion is designated mandatory.

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.

A hardship request to be excused from jury service must be submitted in writing by the prospective juror.

A hardship request must include the juror’s statement of facts describing the hardship and why deferral cannot avoid it.

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.

Papers filed with the Court must comply with California Rules of Court Rules 2.100–2.119.

Counsel and unrepresented parties are urged to review the paper-format requirements regularly.

The Clerk will not accept noncompliant papers unless the Court orders otherwise for good cause shown.

FAX filing is permitted for all documents in civil, probate, and family law matters by counsel and unrepresented parties, subject to the Court’s discretion and the stated limitations.

A document requiring a filing fee may be FAX filed only in the manner specified by Local Rules 2.15.B 2.

The Court may suspend the FAX filing privileges of a party or attorney who fails to comply with the rule.

The Court may disregard a FAX-filed document that does not comply with the rule.

The Court may terminate any permitted FAX filing method without prior notice.

A party may FAX file papers using the listed procedures, subject to California Rules of Court Rules 2.300–2.306.

Documents for FAX filing are accepted by the Clerk through the Court’s FAX number.

The filing attorney or party, not the Court, is responsible for complete and proper FAX transmission.

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

The Court’s direct FAX filing number is (530) 233-6500, and the FAX machine operates 24 hours a day barring unforeseen circumstances.

A FAX received after 5:00 P.M. or on a court holiday is deemed filed on the next court day.

Counsel or an unrepresented party must submit a prominently displayed cover sheet with the specified wording for an ex parte matter.

Every paper received by fax under this part must be accompanied by an informational cover sheet identifying the transmitting party and the listed contact, transmission, and case details.

Every case caption sheet transmitted by fax must display “FILED BY FAX” in its upper-right corner.

The Court will consider relief from a failure to file by direct fax only if the failure is shown to have resulted from a malfunction of the Court’s fax machine, not the transmitting machine.