Shasta Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- At least two court days before a law-and-motion hearing, a party seeking a continuance or withdrawal must file and serve the appropriate notice, and a continuance notice must state counsel’s agreement, the continued date and time, and include proof of service.
- The court sets a tentative hearing date and briefing schedule at the status conference and may advance or continue them on its own motion or a noticed party motion showing good cause.
- The 60-day administrative-record deadline may be extended before expiration by a stipulation signed by all parties with court approval or by noticed motion.
- When an unrepresented defendant is hiring private counsel, the arraignment may be continued for counsel's appearance and an initial plea for no more than seven calendar days, unless good cause supports a later appearance.
- +6 more
Request must include
- A request to toll or extend the 180-day period requires at least 10 days' prior written notice to the prosecuting agency and County Counsel, with proof of notice filed.
- A request for continuance of court trial must be received at least 10 working days before the trial date, although an untimely request may be granted when the interest of justice requires it.
Communication
Phone
Page & Word Limits3 rules
Memoranda of points and authorities, including their length, must comply with California Rules of Court 3.1113 unless the court orders otherwise.
The memoranda of points and authorities, including length, shall be in accordance with California Rules of Court, Rule 3.1113, unless otherwise ordered by the court.
Memoranda Of Points And Authorities
Each administrative-record volume is limited to 300 pages and must be numerically tabbed by document number.
Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume.
Administrative Record Volume
300 pages
A single declaration may not exceed 10 pages, and the total submission by or on behalf of any parent, including exhibits and attachments, may not exceed 30 pages.
No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent, including exhibits and attachments thereto, exceed 30 pages.
Declaration Submitted To Counsel
10 pages
Declarations And Exhibits Submitted By Or On Behalf Of Parent
30 pages
Document Format Requirements12 rules
Digital signatures on filed documents are permitted with the same legal effect as manual signatures only when they comply with Government Code section 16.5(a)(1)-(5); other electronic signatures are not accepted.
The use of digital signatures on documents filed with the Court is allowed, and shall have the same force and effect as the use of a manual signature, if it complies with all of the requirements of Government Code section 16.5(a)(1)-(5). No other form of electronic signatures will be accepted.
The administrative record must be lodged in one or more loose-leaf three-ring binder volumes, tabbed by document number and titled as specified.
The administrative record shall be lodged in one or more volumes of loose-leaf three-ring binders, tabbed by document number and prominently titled “ADMINISTRATIVE RECORD VOL. 1”, etc.
Petitioners must prepare a trial notebook in a three-ring binder and file it with the court no later than 15 days before the hearing.
(H) Trial Notebook. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the court no later than fifteen (15) days prior to the date of the hearing.
Each document in the trial notebook must be separately tabbed, the notebook must begin with a table of contents, and it must include an index of evidence cited in the briefs.
Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record.
Each party must submit one set of proposed jury instructions with a compliant cover sheet.
Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055.
Specially prepared instructions must be consecutively numbered and must not identify the requesting party.
Specially prepared instructions shall be numbered consecutively and shall not identify the party on whose behalf the instruction is requested.
The applicable CALCRIM number must appear at the top of each page, and the instructions must not include a space for a given, refused, or modified disposition.
The instructions shall have the applicable CALCRIM number printed at the top of the page, but shall not include any place to indicate whether the instruction was given, refused, or modified.
Each jury instruction must occupy separate page or pages and have sequentially numbered lines along the left margin.
Each instruction shall be on a separate page or pages with sequentially numbered lines along the left margin.
An original environmental document may be lodged in the administrative record only if exact copies are provided to all parties.
The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action.
Each administrative-record volume must include a cover page listing every document by tab number, full title, and the record page number where the document begins.
Each volume shall have a cover- page listing each document in the volume by the number of the tab at which it appears, the full title of the document,
The administrative-record volume number must be printed on each binder’s spine.
The volume number shall also be printed on the spine of each binder.
The court prefers that individual jury-instruction pages not be numbered.
It is the court’s preference that the individual pages not be numbered.
Document Filing Requirements85 rules
A Civil Case Cover Sheet is required.
Civil Case Cover Sheet - This form is required and is used to compile statistical information.
Document Type
Civil Case Cover Sheet
The original document submitted for the clerk’s signature must be lodged with the clerk and include the specified clerk-signature language in place of the party’s signature.
The original document to be signed shall be lodged with the clerk, and shall contain the following specific language in place of the party’s signature: _____________________________, by _______________________, Clerk of the Court, as duly appointed Court Commissioner for _____________________, in Shasta County Superior Court No. _______________
Document Type
Document For Clerk Signature
Unless good cause supports an ex parte request, the request for a clerk-signature order must be made by noticed motion with a proposed order and exact copies of the subject documents attached.
Absent good cause for proceeding on an ex parte basis, a request for such an order shall be made by noticed motion, which motion shall include a proposed order with exact copies of the subject document(s) attached to the proposed order.
Document Type
Motion For Clerk Signature Order
A party must obtain a court order directing the clerk to sign the specific documents before the clerk will execute them.
The Clerk of the Court will not execute documents on behalf of any party unless the party seeking the clerk’s signature has first obtained an order of the court directing the clerk to sign the specific document(s) the clerk is requested to sign.
Document Type
Document For Clerk Signature
Mandatory settlement conference statements must be filed and must state jury demand or waiver, whether jury fees were posted, the trial time estimate, and whether the case is ready for trial as assigned.
Mandatory settlement conference statements must be filed as required by Rule 3.1380(c) of the California Rules of Court. In addition to the requirements of Rule 3.1380(c), the mandatory settlement conference statement also must include the following: (1) whether a jury is demanded or waived and whether jury fees have been posted; (2) time estimate for trial; and (3) whether the case is ready to proceed to trial as assigned.
Document Type
Mandatory Settlement Conference Statement
A collection-case plaintiff must file an accompanying limited jurisdiction Civil Case Cover Sheet identifying the action as a collection case under California Rules of Court Rule 3.740.
Collection cases, as defined in California Rules of Court, Rule 3.740, must be identified as such by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet specifying that the action is a collection case as defined in CRC, Rule 3.740.
Document Type
Civil Case Cover Sheet
A notice of association of counsel must identify at least one associating attorney by name, address, phone number, and bar number, and must be served on all parties with proof of service attached to the original notice filed with the court.
A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court.
Document Type
Notice Of Association Of Counsel
Each brief must support factual contentions with specific administrative-record references identifying the record page number and document title.
The briefs shall contain specific references to the administrative record, by record page number and the document title, in support of any factual contentions asserted by a party in its brief.
Document Type
Brief
A moving party must submit a proposed order when filing any demurrer, motion, or other application for order.
(D) Proposed orders. The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order.
Document Type
Proposed Order
Each brief must include a separate appendix page listing the administrative-record page numbers cited in that brief.
Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief.
Document Type
Brief
Within 20 calendar days after receiving the administrative-record request, the responsible public agency must personally serve petitioners a preliminary cost notification containing the stated cost and page estimates.
Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages.
Document Type
Preliminary Notification
A reference to the whole administrative file does not satisfy the brief's specific-reference requirement.
A reference to “the whole file” is not a specific reference.
Document Type
Brief
Petitioners must prepare and lodge a mediation invitation notice with the civil clerk within five (5) days after respondent’s response deadline; the clerk must then mail it to the parties.
In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the parties.
Document Type
Mediation Notice Form
A party requesting service through the clerk must submit Local Form LF-MSC-104 describing due diligence to locate the other party or the other party’s attorney.
An Application and Order for Service on Clerk of the Court (Local Form LF-MSC-104) shall be submitted setting forth due diligence efforts to locate the residence of the other party, or the office or residence of the other party’s attorney.
Document Type
Application And Order For Service On Clerk
A Notice of Hearing under Penal Code section 1298 must be filed and served on the prosecuting agency and County Counsel to post a real property bond.
A Notice of Hearing pursuant to Penal Code section 1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel.
Document Type
Notice Of Hearing
A real property bond Notice of Hearing must be accompanied by the application, owner declaration, executed promissory note, deed of trust, and proposed order.
The Notice of Hearing shall be accompanied by an Application For Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Shasta” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.
Document Type
Notice Of Hearing
For qualifying misdemeanor home-court guilty or no-contest pleas under Penal Code section 977, a properly executed and notarized plea form is required when the offense is a prior offense used for enhanced punishment on a later conviction.
In misdemeanor home courts, pleas of guilty or no contest entered by counsel pursuant to Penal Code section 977 must be accompanied by a properly executed and notarized plea form if the plea relates to any offense that constitutes a prior offense for purposes of enhanced punishment upon a subsequent conviction under any statute, including, but not limited to Penal Code sections 488, 243(e), and 273.5 and Vehicle Code sections 14601, 23103.5, 23152, and 23153.
Document Type
Plea
Each proposed instruction must reproduce the approved, unmodified CALCRIM wording.
Each instruction shall present the approved and unmodified wording as provided in CALCRIM.
Document Type
Proposed Jury Instructions
Rule 13.04 payment claims must use form LF-CRM-100 or a substantially equivalent form.
All claims for payment specified in this Rule 13.04 shall be made on LF-CRM-100, Claim for Payment by Court-Appointed Counsel, or on forms substantially the same.
Document Type
Claim For Payment
All Rule 13.04 claims and applications must include points and authorities.
All claims and applications made pursuant to this Rule 13.04 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders.
Document Type
Claim Or Application
Claims generally must be submitted in a single application; a later claim is waived unless exceptional circumstances are justified in a sworn declaration submitted with it.
A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim.
Document Type
Claim For Payment
A substantially equivalent claim form must contain the same appendix-required information in the same order.
If forms substantially the same are used, such forms shall include the same information required to complete the forms in the appendix, and that information shall be listed in the same order as on the forms in the appendix.
Document Type
Claim For Payment
A motion to transfer probation must be accompanied by the LF-CRM-105 declaration in support of the transfer order.
Upon the filing of a motion to transfer pursuant to Penal Code section 1203.9, the motion shall be accompanied by LF-CRM-105, declaration in support of order to transfer probation.
Document Type
Motion To Transfer Probation
When appointing a child custody evaluator, the court must use Judicial Council form FL-327.
The court will use Judicial Council form FL-327, Order Appointing Child Custody Evaluator, to make any such appointment.
Document Type
Order Appointing Child Custody Evaluator
A party seeking the child custody recommending counselor's hearing or trial testimony must make a written request to the Family Court Services office at least three court days before the proceeding.
A party seeking testimony from the child custody recommending counselor at hearing or trial must, at least three court days prior to the scheduled hearing or trial, make a written request to the Family Court Services office at Room 310 of the Shasta County Courthouse, 1515 Court Street, Redding, CA 96001.
Document Type
Request For Counselor Testimony
An evaluator may not withhold the evaluation report from the court because a party failed to pay.
The evaluator may not withhold a report from the court because of the parties' failure to pay.
Document Type
Child Custody Evaluation Report
A child custody evaluator must prepare a written report.
Evaluators shall prepare a written report.
Document Type
Child Custody Evaluation Report
A court-appointed child custody evaluator must file Judicial Council form FL-326 to establish qualification.
Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator.
Document Type
Declaration Of Private Child Custody Evaluator Qualifications
A party-requested trial date will not be set before an At-Issue Memorandum is filed, but the court may set a trial date on its own motion without one.
A trial date will not be set upon the request of a party until the At-Issue Memorandum is filed. The Court retains discretion to set a trial date upon its own motion without an At-Issue Memorandum.
Document Type
At Issue Memorandum
After an At-Issue Memorandum is filed, the parties must complete all final disclosures unless waived under Family Code section 2105.
Following the filing of an At-Issue Memorandum, the parties shall complete all final disclosures, unless waived, pursuant to Family Code section 2105.
Document Type
Final Disclosures
An At-Issue Memorandum may not be filed while an affirmative pleading remains unanswered or required preliminary disclosures have not been filed unless waived under Family Code section 2107.
An At-Issue Memorandum shall not be filed if any petition or complaint, supplemental petition or complaint, or other affirmative pleading remains unanswered, or if preliminary disclosures have not been filed by the petitioner and respondent unless waived pursuant to Family Code section 2107.
Document Type
At Issue Memorandum
Requests for reimbursement of health-care or child-care out-of-pocket costs must include a summary of the costs paid and reimbursement sought, with supporting evidence or exhibits submitted with the moving papers.
Requests for reimbursement of out-of-pocket costs for health care and/or child care must include a summary detailing the cost paid and reimbursement requested. Copies of evidence/exhibits in support of the request for reimbursement shall be submitted with the moving papers.
Document Type
Request For Reimbursement
Orders containing child or temporary spousal or partner support provisions must include a computer-generated support calculation stating the guideline amount and assumptions; each party may attach one if the parties do not agree on a single calculation.
All orders after hearing or stipulations that contain child and/or temporary spousal or partner support provisions, including orders for $0 support, shall have attached a computer generated support calculation setting forth the guideline amount and the assumptions used in determining the support amount. If the parties do not agree upon a single calculation, each party may attach a computer generated calculation.
Document Type
Orders With Child Or Temporary Spousal Or Partner Support
Every professional supervised visitation provider must submit a signed Judicial Council Form FL-324(P) declaring that the provider meets all training and qualification requirements.
All professional supervised visitation providers must sign a declaration of Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met.
Document Type
Professional Supervised Visitation Provider Submission
Professional supervised visitation providers must include proof of a current Trust Line registration number and a business license with the FL-324(P) submission to Shasta County Superior Court.
(a) Included with the FL-324(P) submission to Shasta County Superior Court all persons providing professional supervised visitation must provide proof of a current Trust Line registration number, a business license within the
Document Type
FL-324(P) Submission
A party filing the specified custody or visitation forms, or a motion for grandparent visitation or joinder, must simultaneously file Local Form LF-FAM-105 executed under penalty of perjury.
A party filing Judicial Council Form FL-300, Request for Order; Judicial Council Form FL-320, Responsive Declaration to Request for Order; Judicial Council Form DV-140, Child Custody and Visitation Order; Judicial Council Form DV-120, Response to Request for Domestic Violence Restraining Order; or Judicial Council Form FL-305, Temporary Emergency (Ex Parte) Orders which seeks orders regarding custody or visitation, must at the same time file a Mandatory Disclosure of Information (Local Form LF-FAM-105) executed under penalty of perjury. This requirement also applies to motions for grandparent visitation and/or joinder.
Document Type
FL-300 FL-320 DV-140 DV-120 FL-305 And Grandparent Visitation Or Joinder Motion
Professional visitation providers must submit the FL-324(P) declaration and documentation before their first supervised visit and annually by the first week of January.
(b) The Declaration (FL-324(P)) and documentation must be submitted to the Family Court Services Director before the first supervised visit for new providers. The FL-324(P) and documentation must be submitted by the first week of January each year for professional providers already included on the list.
Document Type
Provider Declaration
An updated FL-324(P) must be resubmitted with every visitation report.
(b) An updated copy of the provider’s FL-324(P) shall be resubmitted with each visitation report.
Document Type
Visitation Report
Nonprofessional supervised visitation providers must file the FL-324(NP) declaration before serving as visitation providers.
(a) All nonprofessional supervised visitation providers are required to file a Declaration of Supervised Visitation Provider (Nonprofessional) Judicial Council Form (FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met before serving as a visitation provider.
Document Type
Provider Declaration
A probate petition must have an all-inclusive caption describing the order sought and must identify trust distributions when applicable.
RULE 15.02 CAPTION OF PETITIONS AND POSTING The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate.
Document Type
Petition
Pleadings must be signed by the attorney and each representative fiduciary and personally verified by the fiduciary, unless attorney verification is specifically authorized by CCP section 446(a) and the affidavit requirements are met.
RULE 15.03 SIGNING AND VERIFICATION OF PLEADINGS Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP section 446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met.
Document Type
Pleadings
Every petition must include a proposed order submitted by the moving party.
The moving party shall submit a proposed order for every petition.
Document Type
Petition
Petitions for statutory fees or commissions before final distribution must include the information required by CRC Rule 7.701.
All petitions for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701.
Document Type
Petition For Statutory Fees Or Commissions
Unless the account and report contains it, a final-distribution petition must fully and completely describe all assets on hand.
In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (A) A full and complete description of all assets on hand.
Document Type
Petition For Final Distribution
Except for routine real property sales and federal estate tax work, extraordinary-services petitions must include the information specified by CRC Rule 7.702.
Except as stated below for routine real property sales and federal estate tax work, petitions for fees or commissions for extraordinary services shall include the information specified in CRC Rule 7.702
Document Type
Petition For Extraordinary Services Fees Or Commissions
In probate proceedings requiring an accounting, including guardianship, conservatorship, and trust proceedings, the original Summary of Account and original Detailed Schedules must be filed.
(A) In any probate proceeding in which an accounting must be filed pursuant to Probate Code section 1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code section 1061 and the original Detailed Schedules as specified in Probate Code sections 1062 and 1063 shall be filed. (See Judicial Council Forms GC-400-405.)
Document Type
Summary Of Account
Unless authorized by specified law or court rules to inspect juvenile records without court approval, a person or agency must petition the court for access.
With the exception of those persons or agencies permitted to inspect juvenile court records without court authorization under Welfare and Institutions Code sections 827, 827.10 and 828, California Rules of Court, Rule 5.552(b), every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization.
Document Type
Petition For Juvenile Records Access
The petitioning attorney must declare under penalty of perjury that juvenile records and related information will not be disseminated to unauthorized persons or absent a further court order.
The petitioning attorney shall include in his/her declaration, under penalty of perjury, that any records or reports or information relating to the contents of these records or reports shall not be disseminated to any persons or agencies not authorized to receive documents under Welfare and Institutions Code §827 without further court order and comport with the requirements pursuant to Navajo Express v. Superior Court of San Mateo County (1986) 186 C.A. 3d 981.
Document Type
Declaration Supporting Juvenile Records Access
The petition must specifically identify the juvenile records sought and explain their relevance and necessity.
The Petition shall be completed with specificity regarding the records sought and the relevance and necessity of said records.
Document Type
Petition For Juvenile Records Access
The attorney’s declaration must identify the action and represented party, establish the necessity and relevance of the requested records with a complaint copy, and include evidence of counsel-of-record designation.
The declaration must contain: a) the type of action being pursued; b) identification of the party represented by said attorney; c) specification of the necessity and relevance of access to said juvenile records sought, including a copy of the complaint; and d) evidence of designation as counsel of record (e.g., minute order or other court documentation with such identification, copy of complaint or a valid retainer agreement.)
Document Type
Declaration Supporting Juvenile Records Access
When juvenile-record disclosure is ordered, the court will issue Judicial Council Form JV-574 containing the court’s standard protective order, local form LF-JUV-102.
If the court orders disclosure of juvenile court records, the court will issue Judicial Council Form JV-574, Order After Judicial Review, which shall include the Court’s standard Protective Order (local form LF-JUV-102).
Document Type
Order After Judicial Review
A petition to establish the fact of death must attach a copy of the death certificate as an exhibit.
(B) A copy of the death certificate.
Document Type
Petition To Establish Fact Of Death
A petition to establish the fact of death terminating a joint tenancy or life estate must be verified and have the specified exhibits attached.
A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits:
Document Type
Petition To Establish Fact Of Death
For guardianship or conservatorship accountings, supporting documents must be lodged, include each account statement showing the prior-period balance, and include a copy of the Summary of Account at the top.
(B) For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement”, as defined in Probate Code Section 2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period. As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed. A copy of the Summary of Account referenced in subsection “A” shall be attached to the top of the supporting documents lodged with the court. The documents lodged pursuant to this rule shall be retained by the clerk and returned following judicial review.
Document Type
Accounting Supporting Documents
Petitions for disclosure of confidential juvenile records and petitions to obtain law-enforcement or juvenile reports must be filed at the specified Shasta County Courthouse clerk's office.
All Petitions for Disclosure of Confidential Juvenile Records and Petitions to Obtain Report of Law Enforcement Agency/Juvenile (Judicial Council Form JV-570 and JV-575, respectively) shall be filed in the clerk’s office of the Shasta County Courthouse, 1515 Court Street, Redding, CA 96001.
Document Type
Petition For Disclosure Of Confidential Juvenile Records
Filing & Service rules
Electronic Filing Rules
Direct fax filings are prohibited.
The court does not accept direct fax filings.
The court does not accept direct fax filings.
This court does not accept direct fax filings as provided by CRC Rule 2.304.
Page 23 | RULE 5.14 FACSIMILE FILING
The court permits fax filing through a fax filing agency under CRC Rule 2.303, except for documents identified in CRC 2.300(b).
This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303, with the exception of those documents identified in CRC 2.300(b).
Page 23 | RULE 5.14 FACSIMILE FILING
Search warrants must be submitted electronically for judicial consideration unless the judge directs otherwise.
As of August 1, 2019, all search warrants must be submitted electronically to the court for consideration by a judge, unless otherwise directed by the judge. Instructions for secure electronic submission can be obtained from Court Administration.
Page 33 | RULE 6.03 ARREST AND SEARCH WARRANTS
Direct fax filings are prohibited, but filings may be submitted through a qualifying fax filing agency, subject to the stated CRC exception.
This court does not accept direct fax filings as provided by CRC, rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC, rule 2.303, with the exception of those documents identified in CRC 2.300(b).
Page 63 | RULE 15.19 FACSIMILE FILING
Paperwork may be submitted by fax through a fax filing agency if it complies with Local Rule 5.14.
However, fax-filed paperwork may be submitted through a fax filing agency, and must comply with Local Rule 5.14.
Page 1 | Civil Division
The court accepts filings submitted through a fax filing agency.
This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303.
Page 48 | RULE 13.08 FACSIMILE FILING
Direct fax filings are not accepted; filings may be submitted through a qualifying fax filing agency, subject to the stated statutory exceptions.
This court does not accept direct fax filings as provided by CRC, rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC, rule 2.303. The court will not accept fax filing of those documents identified in CRC 2.300(b), except as provided in Family Code §§ 5700.316 and 5700.602. “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts.
Page 54 | RULE 14.11
Filing Timing and Cure Windows
Petitioners must lodge the mediation notice form with the civil clerk within five days after the respondent's response deadline.
In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation.
Page 26 | RULE 5.19(B) Mediation
Criminal complaints charging out-of-custody defendants must be filed with the Clerk no later than two days before the defendant’s first appearance.
All criminal complaints charging out-of-custody defendants shall be filed with the Clerk no later than two (2) days before the time of the defendant's first appearance on those charges.
Page 30 | RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
Criminal complaints charging in-custody defendants must be filed as early as possible and no later than 11:00 a.m. on the day of the defendant’s first court appearance.
All criminal complaints charging in-custody defendants shall be filed with the Clerk at the earliest time possible but in no case later than 11:00 a.m. on the morning of the day any such defendant is to first appear in court on those charges.
Page 30 | RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
A motion may be deemed waived if its moving papers are not timely filed for the assigned hearing date without demonstrated good cause.
In the event that moving papers are not timely filed for an assigned hearing date without good cause demonstrated, a motion may be deemed waived by the moving party.
Page 35 | RULE 7.03 PRETRIAL MOTIONS
Unusual or out-of-the-ordinary motions, including complex or extensive motions in limine, must be filed no later than the jury readiness conference.
Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the jury readiness conference.
Page 36 | RULE 9.02 MOTIONS AT TRIAL
Written trial briefs and motions in limine must be submitted to the trial court, with a copy provided to opposing counsel, no later than the beginning of the pre-voir dire conference.
(C) All trial briefs and motions in limine shall be submitted, in writing, to the trial court with a copy provided to opposing counsel no later than the beginning of the pre-voir dire conference.
Page 39 | RULE 9.05 CRIMINAL PRE-VOIR DIRE CONFERENCE
The court must act on every submitted claim within 90 days of submission.
The court shall act on all submitted claims within 90 days of submission of the claim.
Page 46 | (D) MISCELLANEOUS MATTERS
A Rule 13.04 noncompliance may be excused for good cause shown by a sworn declaration or through a cure submitted within 30 days after rejection.
Such failure to comply may be excused upon good cause shown by declaration under penalty of perjury submitted with the claim, or within 30 days of rejection of such claim for failure to comply.
Page 46 | (F) FAILURE TO COMPLY
A denied or partly denied claim may be resubmitted within 30 days of notice if additional facts and a reasonable basis for reconsideration are stated under penalty of perjury.
If a claim is denied in whole or in part, the attorney may resubmit a claim for the denied portion within 30 days of being notified of the denial, if the attorney, in a declaration made under penalty of perjury, provides additional facts which establish a reasonable basis for the attorney's belief the claim should receive additional consideration by the court.
Page 46 | (D) MISCELLANEOUS MATTERS
If trial will begin fewer than three court days after the Trial Setting Conference, the written request is due by 5 p.m. on the conference day.
When trial is scheduled to commence less than three court days after the Trial Setting Conference, the written request must be submitted no later than 5pm on the day of the Trial Setting Conference.
Page 49 | RULE 14.01 TESTIMONY OF CHILD CUSTODY RECOMMENDING COUNSELOR (D)
The ordinary request deadline for counselor testimony is at least three court days before the scheduled hearing or trial.
A party seeking testimony from the child custody recommending counselor at hearing or trial must, at least three court days prior to the scheduled hearing or trial, make a written request to the Family Court Services office at Room 310 of the Shasta County Courthouse, 1515 Court Street, Redding, CA 96001.
Page 49 | RULE 14.01 TESTIMONY OF CHILD CUSTODY RECOMMENDING COUNSELOR (D)
The evaluator must file the report at least 10 days before the child-custody hearing.
At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code section 3150.
Page 50 | RULE 14.02 CHILD CUSTODY EVALUATIONS (G)
Orders prepared by the moving party and affidavits of publication must be filed or lodged with the clerk at least three court days before the hearing.
All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three court days before the date of hearing.
Page 57 | RULE 15.06 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION
The Summary of Account and Detailed Schedules must be filed, and supporting documents lodged, within 90 days after the close of the related accounting period.
(C) Time for Filing and Lodging of Documents: The Summary of Account and Detailed Schedules shall be filed and supporting documents lodged within 90 days of the close of the accounting period to which they relate.
Page 60 | RULE 15.11 ACCOUNTS IN PROBATE PROCEEDINGS
Objections to a juvenile-records access request must be submitted in writing and received by the Juvenile Court Supervising Judge within five actual days after the petition is filed.
Any objections to the petitioner’s request for access to juvenile records must be submitted in writing to, and received by, the Juvenile Court Supervising Judge no later than 5 actual days after the filing date of the petition.
Page 60 | RULE 16.09 CONFIDENTIALITY OF RECORDS/PETITIONS (Dependency and Delinquency Proceedings) (D) Objections
A conservator must notify the court of the conservatee's death within 90 days.
The conservator shall notify the court within ninety (90) days of the death of the conservatee.
Page 63 | RULE 15.20 TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE
An attorney's first LF-JUV-101 certification must be submitted within 10 days after the attorney's first appearance in a dependency matter.
After the effective date of these rules, any attorney appearing in a dependency matter for the first time shall complete and submit LF-JUV-101, Certification of Attorney Competency, to the court within ten (10) days of his or her first appearance in a dependency matter.
Page 65 | RULE 16.05 ATTORNEYS FOR PARTIES
The initial attorney competency certification must be submitted within 30 days after the rules' effective date.
Each attorney appearing in dependency proceedings on the effective date of these rules, who believes that he or she meets the minimum standards of training and experience set forth in these rules shall complete and submit to the court, within 30 days of the effective date of these rules LF-JUV-101, Certification of Attorney Competency.
Page 65 | RULE 16.05 ATTORNEYS FOR PARTIES
Evidence of compliance is due within 20 days after the court mails notice of possible decertification.
That attorney shall have 20 days from the date of the mailing of the notice to submit evidence of compliance with the training and education requirements for certification or renewal of certification to practice in dependency proceedings in the court.
Page 66 | RULE 16.05 ATTORNEYS FOR PARTIES
Competency certification renewal is due by January 31 of the third year after initial certification and every third year thereafter.
In order to retain his or her certification to practice in dependency proceedings, each attorney previously certified by the court shall submit a new Certification of Attorney Competency to the court in or before January 31 of the third year after the year in which the attorney is first certified, and then every third year thereafter.
Page 66 | RULE 16.05 ATTORNEYS FOR PARTIES
CASA reports must be submitted to the court at least five court days before the hearing.
CASA reports shall be submitted to the court at least five (5) court days prior to the hearing.
Unless the court orders otherwise, a criminal discovery motion must be written and must comply with the time standards in California Rules of Court, Rule 4.111, unless an order shortens the time.
Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence shall be in writing and, absent an order shortening time, shall be subject to the time standards contained in California Rules of Court, Rule 4.111, which is incorporated herein by this reference.
Page 36 | RULE 8.01 DISCOVERY
In misdemeanor cases, discovery must be sought early enough for counsel to be adequately prepared to discuss the case at the settlement conference.
In misdemeanor cases, all discovery shall be timely sought so that the attorneys are adequately prepared to discuss the case at the settlement conference.
Page 36 | RULE 8.01 DISCOVERY
Within 30 days of notice, an attorney may request an ex parte in-camera hearing instead of resubmitting the denied claim in writing.
In lieu of resubmitting the claim in writing, the attorney, within 30 days of being notified of the denial, may request an ex parte in-camera hearing.
Page 46 | (D) MISCELLANEOUS MATTERS
After default is entered, a judgment should be submitted within 60 days.
(4) When a default has been entered, a judgment should be submitted within 60 days of the entry of default.
Page 52 | RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS
If no response was filed and no extension was agreed upon, a request to enter default should be submitted within 60 days after the response became due.
(2) If no response has been filed, and the parties have not agreed on an extension of time to respond, a request to enter default should be submitted within 60 days after the date the response was due;
Page 52 | RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS
A proof of service of the summons and petition should be filed within 60 days after case initiation.
(1) A proof of service of summons and petition should be filed within 60 days of case initiation;
Page 52 | RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS
Service and Proof of Service Rules
A proof of service of the summons must be filed with the court for the action to proceed.
For the action to proceed, a Proof of Service of the Summons must be filed with the Court.
Page 1 | Civil Division
Plaintiffs must serve all named defendants with the LF-CIV-100 and file proof of service within 60 days after filing the complaint.
Plaintiffs must serve all named defendants with the LF-CIV-100; Notice of 1) All Purpose Assignment, 2) Mandatory Settlement and 3) Trial and file proof of service within 60 days after the complaint has been filed.
Page 19 | RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL
Plaintiffs must serve the LF-CIV-100 notice on any intervenor or interpleader within 10 days after being served with the complaint in the intervention or interpleader.
Plaintiffs must serve the notice on any intervenor or interpleader within 10 days of being served with the complaint in intervention or interpleader.
Page 19 | RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL
Cross-complainants must serve the notice on each cross-defendant when the cross-complaint is served.
All cross-complainants must serve the notice upon each cross-defendant at the time the cross-complaint is served.
Page 19 | RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL
The notice of association of counsel must be served on all parties, with proof of service attached to the original notice filed with the court.
A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court.
Page 20 | RULE 3.06 COUNSEL PERMITTED TO APPEAR; ASSOCIATION OF COUNSEL
A notice withdrawing a law-and-motion hearing date must include proof of service.
A notice of withdrawal must have a proof of service attached.
Page 24 | RULE 5.17(B) CONTINUANCES AND WITHDRAWALS
A notice of continuance must include counsel's declaration of unanimous agreement, the continued hearing date and time, and proof of service.
A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached.
Page 24 | RULE 5.17(B) CONTINUANCES AND WITHDRAWALS
At filing, the petitioner must request a status conference within 50 days and serve notice of its date on the respondent.
(a) Request for status conference. At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent.
Page 25 | RULE 5.19(A)(3)(a) Request for status conference
The public agency must personally serve the preliminary cost notification on petitioners within 20 calendar days after receiving the request to prepare the administrative record.
Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages.
Page 26 | RULE 5.19(C)(1) Preparation of the record by the public agency
Within seven calendar days after service of the proposed document index, the agency and any other party must serve petitioners a notice identifying records they contend should be added or deleted.
Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.
Page 26 | RULE 5.19(C)(2)(a) Election by petitioners
Petitioners must prepare and serve on all parties a detailed index of proposed record documents within 40 calendar days after service of the record-preparation request.
Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.
Page 26 | RULE 5.19(C)(2)(a) Election by petitioners
When the agency prepares the administrative record, it must certify, personally serve, and lodge the record with the court no later than 60 days after the request.
If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request.
Page 28 | (E) Certifying and Lodging the Record
When petitioners prepare the administrative record, they must transmit it to the agency for certification and, after certification, personally serve and lodge it with the court no later than 60 days after service of their notice of election.
If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification. After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record.
Page 28 | (E) Certifying and Lodging the Record
A party seeking to serve notice or papers through the clerk under CCP section 1011 must first obtain a court order.
A party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court pursuant to CCP section 1011, must first obtain an order upon application to the court.
Page 30 | RULE 5.21 SERVICE BY DELIVERY TO CLERK OF THE COURT
For other motions to set aside forfeiture, the moving party must give the prosecuting agency and County Counsel at least 10 days' prior written notice and file proof of that notice.
In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.
Page 31 | RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
The declaration or offer of proof must be filed and personally served on the prosecuting agency no later than 24 hours before the hearing.
The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing.
Page 32 | (B) SOURCE OF BAIL - P.C. §1275.1 - PROCEDURE
Failure to serve or file opposition papers other than for an ex parte application may be deemed a waiver of objections and an admission of merit, but opposition papers are not required when the opposition raises only a factual dispute.
Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.
Page 35 | RULE 7.03 PRETRIAL MOTIONS
Unusual or out-of-the-ordinary motions, including complex or extensive motions in limine, must be written, served on opposing counsel, and filed by the jury readiness conference.
Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the jury readiness conference.
Page 36 | RULE 9.02 MOTIONS AT TRIAL
Unless the trial judge directs otherwise, written jury instructions must reach the judge and all other parties by noon on the first day of trial.
Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.
Page 37
A sentence-modification hearing may not proceed with less than two days' actual notice to the district attorney unless the district attorney expressly waives the notice requirement.
In no event shall hearing on such an application take place following less than two day's actual notice to the district attorney, unless time is expressly waived by the district attorney.
Page 42 | RULE 13.03 SENTENCE MODIFICATIONS
Service must ensure actual physical receipt by the opposing party or counsel and Family Court Services no later than noon on the court day before mediation.
Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session.
Page 48 | RULE 14.01 FAMILY COURT SERVICES COUNSELING
Papers submitted to the counselor, other than Family Court Services intake forms, must first be filed with the court and include proof of service on the opposing party or counsel, with file-stamped conformed copies provided to Family Court Services.
All papers submitted to the counselor for consideration, with the exception of the intake forms provided to the parties by Family Court Services, shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel, (with file stamped, conformed copies given to Family Court Services.)
Page 48 | RULE 14.01 FAMILY COURT SERVICES COUNSELING
At least 10 days before the child-custody hearing, the evaluator must serve the report on the parties or their attorneys and on any counsel appointed for the child under Family Code section 3150.
At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code section 3150.
Page 50 | RULE 14.02 CHILD CUSTODY EVALUATIONS (G)
Professional visitation providers must distribute each visit report to the court, Family Court Services, all parties, their attorneys, and the child's attorney using the specified delivery methods.
4. Professional visitation provider submission of visitation reports: (a) The court is to be included in each distribution of visit reports by the provider. The original report shall be mailed, or hand delivered to the court clerk’s office. A separate copy of each report shall also be mailed, hand delivered or faxed to Family Court Services. In addition to the two court copies all reports are to be sent to all parties, their attorneys and the attorney for the child.
Page 55 | PROFESSIONAL VISITATION PROVIDER SUBMISSION OF VISITATION REPORTS
A copy of the petition must accompany the notice of hearing when served on a person requesting special notice and when the petition is a testamentary trustee’s accounting.
RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.
Page 56 | RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS
In guardianship cases, petitioners must serve each named respondent with a blank GC-215 objection form when serving the petition and file proof of service within 60 days after filing.
RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS In guardianship cases, Petitioners must serve all named respondents with a blank Judicial Council Form GC-215, Objection to Petition for Appointment of Guardian at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed.
Page 56 | RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS
When a fiduciary or attorney requests fees or commissions other than those computed under Probate Code sections 10800 and 10810, the notice of hearing and petition must be served on all interested parties and the proof of service must reflect both services.
Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing.
Page 56 | RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS
A notice filed by someone other than the child's attorney must be served on the child's attorney, or must state that the child is unrepresented.
(D) If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.
Page 68 | RULE 16.07 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD
CASA must serve the report on parties entitled to receive it at least two court days before the hearing.
CASA shall serve a copy of the report on the parties entitled to receive a copy at least two (2) court days prior to the hearing.
The court prepares the LF-UD-102 notice when summons issues, and the plaintiff must serve it on each defendant when serving the complaint.
At the time that the summons is issued the court shall prepare a LF-UD-102, Notice of Case Management Conference. Plaintiff shall serve the notice on each defendant at the time of service of the complaint.
A petition by an evaluator to withdraw must be provided to the parties or attorneys by copies.
Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys.
Page 50 | RULE 14.02 CHILD CUSTODY EVALUATIONS (E)
The preliminary declaration of disclosure should be served within 60 days after the petition is filed.
(3) The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and
Page 52 | RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS
The summons-and-petition service must be documented by a proof of service filed with the case.
(1) A proof of service of summons and petition should be filed within 60 days of case initiation;
Page 52 | RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS
The three stated methods of service for civil hearings are personal delivery, substitute service, and publication.
There are three types of service for civil hearings: Personal Delivery, Substitute Service, and Publication.
Page 1 | Civil Division
A party disagreeing with an At-Issue Memorandum may file and serve a Counter At-Issue Memorandum within 10 days after service of the original memorandum.
Any party not in agreement with the information or estimates given in the At Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.
Page 52 | RULE 14.06 AT-ISSUE MEMORANDUM/ REQUEST FOR TRIAL
A party seeking to serve notice or papers on the other party or the other party's attorney may deliver the documents to the court clerk under Local Rule 5.21.
Refer to Local Rule 5.21 regarding application and order for party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court.
Page 53 | RULE 14.09
Filing Fees and Waivers
Scheduling an examination hearing requires filing the Application and Order for Appearance and Examination with the clerk’s office and paying the filing fee.
To schedule an examination hearing, complete the header and bottom sections of the Application and Order for Appearance and Examination form and file in the Clerk’s Office with the filing fee.
Page 1 | Application and Order for Appearance and Examination
For guardianship petitions proposing a relative guardian, the court investigation fee is collected at filing unless a fee waiver has been granted.
Unless a fee waiver has been granted, the court investigation fee will be collected at the time of filing of any petition to establish a guardianship in which the proposed guardian is a relative, pursuant to Probate Code section 1513.1.
Page 63 | RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
A fee waiver requires completing and submitting the Application of Waiver of Court Fees and Costs and the header section of the corresponding order to the clerk’s office for approval.
To obtain a fee waiver, an Application of Waiver of Court Fees and Costs and the header section of an Order on Application for Waiver of Court Fees and Costs must be completed and submitted to the Clerk's Office for approval.
Page 1 | Civil Division
The clerk may grant fee-waiver applications that satisfy the eligibility standards in Government Code Sections 68632 and 68633.
Pursuant to Government Code §68634(d), the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of eligibility established by Government Code Sections 68632 and 68633.
Page 24 | RULE 5.16 PAYMENT OR WAIVER OF FEES
In conservatorship proceedings, the court decides after the investigator's report whether to collect, waive, or defer the investigation fee.
In conservatorship proceedings, the court will determine whether to collect, waive or defer the court investigation fee after the investigator’s report has been completed, pursuant to Probate Code section 1851.5.
Page 63 | RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
For determining the filing fee, the Notice of Appeal under Labor Code section 98.2 is treated as the first paper filed.
The Notice of Appeal filed pursuant to Labor Code §98.2 shall be treated as the first paper for the purpose of determining the filing fee.
Fee waivers are available to indigent plaintiffs and defendants.
Fee Waivers are available for indigent plaintiffs and defendants.
Page 1 | Civil Division
Sealing & Redaction Procedures
Rule 13.04 applications, supporting documents, and orders must be filed in the confidential portion of the corresponding case file.
All applications, including all supporting documentation, submitted and all orders made under the provisions of this rule are to be filed in the confidential portion of the files to which they pertain.
Page 46 | (D) MISCELLANEOUS MATTERS
The in-camera hearing must be on the record, and its transcript must be ordered sealed.
The hearing shall be on the record, and the transcript of such hearing shall be ordered sealed.
Page 46 | (D) MISCELLANEOUS MATTERS
After the hearing, the evaluator's report must be placed in a confidential envelope in the court file and disclosed only to the expressly authorized persons.
Reports from child custody evaluators shall be placed in a confidential envelope in the court file upon completion of the hearing, and may not be disclosed to anyone except the following persons: (a) a party to the proceeding and his or her attorney of record; (b) an attorney appointed for the child pursuant to Family Code section 3150; (c) those additional persons set forth in Family Code section 3025.5; and (d) any other person upon order of the court for good cause.
Page 50 | RULE 14.02 CHILD CUSTODY EVALUATIONS (H)
Authorized report recipients must preserve confidentiality, use the report only in the pending litigation, and may not disseminate copies, disclose it to unauthorized persons, or attach it to a pleading.
Those persons entitled to disclosure of the report shall preserve the confidentiality of the document. Use of the report shall be limited to the pending litigation and no person who has access to the report shall make copies for dissemination or disclose its contents to any child who is the subject of the report or to anyone else not entitled to access, nor shall the parties attach such document to any pleading in the pending litigation or in any other litigation or proceeding.
Page 50 | RULE 14.02 CHILD CUSTODY EVALUATIONS (H)
Adjournment & Extension Requirements
At least two court days before a law-and-motion hearing, a party seeking a continuance or withdrawal must file and serve the appropriate notice, and a continuance notice must state counsel’s agreement, the continued date and time, and include proof of service.
A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached.
Page 24 | RULE 5.17(B) CONTINUANCES AND WITHDRAWALS
A request to toll or extend the 180-day period requires at least 10 days' prior written notice to the prosecuting agency and County Counsel, with proof of notice filed.
In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.
Page 31 | RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
Continuances of any hearing, including trial, are disfavored and must be denied unless the moving party submits affirmative proof under Penal Code §1050 that the ends of justice require a continuance; a party stipulation or substitution of counsel is not automatically good cause.
Motions to continue any hearing, including trial, are disfavored and shall 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 constitute good cause, by itself. Substitution of counsel does not automatically constitute good cause for a continuance.
Page 35 | RULE 7.03 PRETRIAL MOTIONS
Unless good cause is shown, a motion to continue a preliminary examination must be heard at the scheduled felony plea or disposition conference.
(A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony plea/disposition conference scheduled for the case.
Page 40 | RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS
Preliminary-examination continuance motions are disfavored and must be denied unless the moving party presents affirmative proof that justice requires a continuance; a party stipulation or substitution of counsel alone does not establish good cause.
(B) Motions to continue the preliminary examination are disfavored and shall 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 a continuance. A stipulation by all parties to continue the preliminary examination does not constitute good cause, by itself. Substitution of counsel, does not automatically constitute good cause for a continuance.
Page 40 | RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS
The 60-day administrative-record deadline may be extended before expiration by a stipulation signed by all parties with court approval or by noticed motion.
An extension of the sixty (60) day period may be requested by filing a stipulation signed by all parties and obtaining court approval of the extension(s) prior to the expiration of the sixty (60) day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the sixty (60) day period.
Page 28 | (E) Certifying and Lodging the Record
When an unrepresented defendant is hiring private counsel, the arraignment may be continued for counsel's appearance and an initial plea for no more than seven calendar days, unless good cause supports 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 no more than seven (7) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.
Page 33 | RULE 6.04 ARRAIGNMENT
A settlement conference may not be continued unless actual good cause is shown.
The settlement conference shall not be continued without actual good cause shown.
Page 34 | RULE 7.02 THE SETTLEMENT CONFERENCE
On a request made before the scheduled arraignment, the clerk may continue the initial arraignment for up to 14 calendar days, except for defendants released on bail or charged with a felony-grade offense.
The clerk of the court is authorized by the court upon the request of a defendant or his or her counsel made prior to the date set for arraignment, to continue the initial arraignment up to fourteen (14) calendar days. This authorization does not apply: (1) to any case in which a defendant has been released on bail or (2) to any case in which a defendant has been charged with a felony grade offense.
Page 34 | RULE 6.04 ARRAIGNMENT
A request for continuance of court trial must be received at least 10 working days before the trial date, although an untimely request may be granted when the interest of justice requires it.
A request for continuance of court trial must be received at least ten (10) working days in advance of the trial date. An untimely request for continuance will not be granted unless the interest of justice shall so require.
Page 41 | RULE 11.05 TRIAL CONTINUANCES
An attorney may request an extension of up to 30 days before the deadline by showing good cause in a sworn declaration submitted with the extension application.
A failure to comply with the time requirement may also be excused if the attorney, in advance of expiration of such time period, makes an application for an extension of the time period, for up to 30 days, and shows good cause for an extension of the time period in a declaration made under penalty of perjury, submitted with the application for extension of the time period.
Page 46 | (F) FAILURE TO COMPLY
The court sets a tentative hearing date and briefing schedule at the status conference and may advance or continue them on its own motion or a noticed party motion showing good cause.
(b) Briefing schedule and hearing on the petition. The court shall set a tentative date for a hearing on the petition and set a tentative briefing schedule at the status conference. The hearing date and the briefing schedule may be advanced or continued by the Court on its own motion or on noticed motion of a party for good cause shown.
Page 25 | RULE 5.19(A)(3)(b) Briefing schedule and hearing on the petition
Chambers Communication Rules
Counsel with simultaneous appearances must advise the courtroom clerks and request priority handling in one department so the other proceedings trail it.
When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(s) trail the first.
Page 25 | RULE 5.18 CONFLICTING COURT APPEARANCES
A party that elects not to proceed with an ex parte application must immediately inform the court.
In the event the party making the application elects not to proceed with the ex parte application, said party shall immediately so inform the court.
Page 24 | RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
To schedule an ex parte matter requiring a personal appearance, the applicant must contact the judicial assistant for the assigned bench officer.
To secure a date and time for hearing ex parte motions and other ex parte applications for which personal appearances are required consistent with the California Rules of Court, the party making the application shall contact the judicial assistant for the bench officer in whose department the matter is to be heard in order to schedule the hearing.
Page 24 | RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
Prompt telephone notice of an impending objection must be provided to the judicial assistant at (530) 225-5116 so the objection receives proper consideration.
Prompt telephonic notice to the court that such an objection is forthcoming must be provided, in order to ensure proper consideration of such an objection. The judicial assistant may be reached for that purpose at (530) 225-5116.
Page 60 | RULE 16.09 CONFIDENTIALITY OF RECORDS/PETITIONS (Dependency and Delinquency Proceedings) (D) Objections
The party should contact Court Administration before obtaining the order to confirm notary availability.
Confirmation of an available notary should be made by contacting Court Administration prior to obtaining an order under this rule.
Page 17 | RULE 2.14 REQUESTS FOR CLERK TO SIGN DOCUMENTS