Sierra Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Adjournments
- Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient.
- Stipulated extensions under Government Code § 68616 must be in writing and filed with the Clerk.
- Any extension other than a qualifying stipulated extension requires a written motion supported by a declaration of good cause.
- +3 more
Request must include
Communication
Phone
Page & Word Limits1 rule
The parties shall submit a settlement conference brief not to exceed five pages no later than 5:00 p.m. on Friday the week before the settlement conference.
- Settlement conference brief
- Up to 5 pages
Document Format Requirements7 rules
All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court rules 3.1110 - 3.1116.
Copies of the specified cited authorities must be tabbed as exhibits.
Court's wording
(c) If any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Eff. 01/01/09.)
Exhibits attached to a pleading must be filed as a part of the PDF containing the pleading.
- File type
Each separate pleading or form number must be in a separate PDF, unless a pleading consists of a number of forms, such as in a Family Law Judgment.
- File type
eFiled documents MUST be submitted in PDF (Portable Document Format), and viewable on any standard PDF Viewer. Photos of documents by phone or otherwise will be rejected.
- File type
Parties presenting digital evidence must comply with the court’s Digital Evidence Policy. The policy is located on the court’s website at www.sierra.courts.ca.gov.
Appellate Division briefs must be top-bound and use the designated cover colors, except briefs filed by fax or electronically.
Court's wording
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). 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).
Document Filing Requirements63 rules
An application for an order shall not be made ex parte unless it is supported by affidavit or declaration:
All applications for ex parte orders, including orders shortening time, shall be supported by an affidavit or declaration showing good cause for the order, and, where applicable, shall comply with California Rules of Court rules 3.1200 – 3.1207.
If there is opposition to the Motion, a Proposed Order on behalf of the opposing party shall accompany the Opposition Memorandum.
- Document
- Opposition memorandum
Must include
- •Proposed order
At the time a Motion is filed in a civil case, it shall be accompanied by a Proposed Order.
- Document
- Motion
Must include
- •Proposed order
When a party claims attorney fees in excess of those allowed by this Rule, then an application for attorney fees must be made to the Court; the application must be supported by declarations setting forth the factual basis for the claimed fees.
The clerk shall issue a notice of case management conference with the summons.
A request to exempt a case from the Delay Reduction Rules shall be by written motion, supported by declaration showing good cause. A stipulation does not establish good cause.
All parties taking part in a case management conference must submit a completed Case Management Statement before the case management conference pursuant to California Rules of Court rules 3.720 – 3.730 all parties should use Judicial Council form CM-110.
Motions and memoranda citing non-California authorities, or California cases not yet published in the Advance Sheets, must attach copies of those authorities.
Court's wording
(c) If any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Eff. 01/01/09.)
Matters related to ability-to-pay requests will not be added to the Criminal or Traffic calendar unless a formal request is submitted using SIE-0044 Request: Add Matter to Criminal or Traffic Calendar for Addressing Ability-to-Pay. This includes cases in which the defendant requests a fine reduction, requests a payment plan on cases not in Collections status, seeks a fine conversion to community service, or other ability to pay issues.
Matters will not be added to the court’s criminal calendars at the request of the District Attorney and/or Defense Counsel unless a stipulation or formal, properly-noticed motion is filed.
4. SIE-0043 must be signed by both the District Attorney and Defense Counsel, acknowledging agreement to the requested hearing.
2. SIE-0043 must include a proposed date and time for the hearing, subject to availability and court approval.
The CCRC date and any requirement of CCRC orientation shall be plainly stated on the face of the pleadings or At Issue Memorandum.
In the absence of an agreement, the counselor shall make a written status report and recommendation to the court. However, if no proceedings are pending, no recommendation will be made.
An agreement must be written and submitted to the court; if a party is represented, it must first be submitted to counsel.
Court's wording
In the event the parties reach an agreement, their agreement will be reduced to writing and submitted to the court. If either party is represented by counsel, the agreement will be submitted to counsel before it is provided to the Court for approval and made into a court order.
A Court date will be set to receive the report of the child custody evaluator. The report will be sent to the Court, the parties, and their attorneys prior to that date.
Every motion to modify support shall set forth the date of the prior order and the amount of the prior order.
Within 30 days of the hearing or trial, a current Income and Expense Declaration must be filed by each party where support is at issue.
If current facts are temporary, both the actual current facts and estimated prospective facts may be shown if properly identified. If attorney's fees and/or costs are requested, the paragraph pertaining to attorney's fees must be completed.
Wage earners must attach legible copies of their paycheck stubs for the most recent two months. In the event no paycheck stubs are available, other appropriate documentation must be attached.
Self-employed parties must bring specified financial records or similar documentation evidencing income from all sources.
Court's wording
Self-employed parties shall bring their most recent profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return, or similar documentation evidencing income from all sources.
A Declaration re: Notice of Ex Parte Application for Order shall be filed with the Court prior to, or at the time of, the hearing.
An order shortening time for service of the notice of a hearing will not be granted if the request for that order is not accompanied by a supporting declaration under penalty of perjury which states the need for that order.
No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.
An ex parte order removing a party from a residence will not be issued without supporting declarations as required by law.
No award of child support, spousal support or attorney's fees will be granted unless there is either an attached written agreement between the parties settling those issues or there is sufficient information on which the Court may base an order, including a fully completed and executed Income and Expense Declaration (with information on both parties where available.
Unless the Court orders otherwise, a default will not be entered based on a Notice of Acknowledgment of Receipt signed by a person other than the party to whom it is directed.
Where the judgment is taken by default, if there is no attached written agreement of parties concerning custody and visitation, and either supervised visitation or a denial of visitation is requested, an attached factual Declaration under penalty of perjury shall be submitted with the judgment and shall set forth the following:
If the Court makes decisions that require the further drafting of the OAH, the Court shall designate one counsel to prepare the written OAH.
An ex parte order for exclusive use of a vehicle will not be granted unless the declaration demonstrates that the opposing party has suitable transportation available, or requires no such transportation, or other good cause for such an order.
Where the party is seeking supervised visitation between the child(ren) and the defaulting party: The reasons such visitation should occur; the person or agency to do the supervision; and how the supervision is to be paid for.
A current signed and dated Schedule of Assets and Debts shall be prepared on Judicial Council forms. The Settlement Conference Statement shall indicate the claimed values of the assets and the proposal for division. The Statement should also include a proposed division of the community property debts.
Each party or their attorney must prepare and file a Settlement Conference Statement.
Court's wording
At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.
Other information: The declaration shall inform the Court when the parties separated, who has been the primary caretaker of the child(ren) during the last six months and the extent of contact between the child(ren) and the non-caretaker parent during that time.
Caption. The caption shall contain the times and dates of the settlement conference and the Trial.
- Document
- Settlement conference statement
- Placement
- Caption
A current signed and dated Income and Expense Declaration shall be prepared on the Judicial Council form. Copies of current pay stubs or other income verification shall be attached.
A declaration seeking denial of visitation must state the reasons, the date of the last visitation, and whether the defaulting party’s whereabouts are known and, if so, the address.
Court's wording
Where the party is seeking to deny visitation between the child(ren) and the defaulting party: The specific reasons visitation should be denied; the last time there was visitation between the child(ren) and the defaulting party; and whether the whereabouts of the defaulting party is known, and, if so, his or her address.
Any party seeking to appear remotely or requesting that a witness or support person appear remotely, must complete and file a Form SIE-0035, Request for Remote Appearance, with the court clerk at least two (2) court days prior to the hearing.
A Certificate of Competency shall be completed by the attorney of record for the dependency matter and submitted to the Court within 20 days of his or her first appearance in a dependency matter.
Billing shall be forwarded to the Court with appropriate documentation for approval.
A notice must identify the interest or right, the relevant agency or forum and its address if known, and the nature of the proceedings there.
Court's wording
The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued; the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected; and the nature of the proceedings being contemplated or conducted there.
Any noticed motion shall state the relevancy and materiality of the information sought and the reasons informal discovery was not adequate to secure such information.
Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.
A proposed order utilizing Judicial Council Form MC-510 shall be lodged concurrently.
Must include
- •Proposed order
Media coverage requests must be filed on Form MC-500 and specify the coverage time estimate, equipment placement, and whether coverage will be live or recorded.
Court's wording
Persons requesting media coverage of any type, including pool cameras, must file with the court Judicial Council Form MC-500, specifying: (i) the time estimate for coverage; (ii) the proposed placement of cameras, microphones and other equipment; (iii) whether the coverage will be disseminated live or recorded for future dissemination.
Motions to augment or correct the record, or to add omitted record portions, must state facts showing good cause for the omission and any prior motions granted or denied after the notice of appeal.
Court's wording
All motions for augmentation and correction of the record pursuant to California Rules of Court, rule 8.841, and motions for the addition of omitted portions of the record pursuant to rule 8.841, shall set forth the facts showing: 1) good cause why the materials have not been included in the record on appeal; and 2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.
Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.
All such motions shall specifically identify each paper, record, or exhibit that is being requested and/or specifically identify, by subject, date, and department what portion of the proceedings before the trial court is being requested to be transcribed.
Electronic filings must include a cover sheet containing the court’s contact information, the filing party’s contact information, the submission date, the document submitted, and the total page count.
Court's wording
Electronic filings shall be accompanied by a cover sheet with the following information: TO: Appellate Division of the Superior Court 100 Courthouse Square P.O. Box 476 Downieville, CA 95936 Telephone Number: 530-289-3698 Email Address: superiorcourt@sierracourt.org NAME, ADDRESS, TELEPHONE NUMBER & EMAIL ADDRESS OF PARTY MAKING FILING DATE SUBMITTED DOCUMENT SUBMITTED TOTAL NUMBER OF PAGES
A party does not have the right to disqualify a counselor. A party may request a different counselor by written request to FCS, stating the reason(s) for the request. Requests based solely on disagreement with the counselor’s recommendations will not be honored.
The parties may be asked to provide legible copies of their last three state and federal income tax returns, including all attachments.
Counsel should come to a hearing with a written Order After Hearing (OAH), prepared to present it to the Court at the conclusion of the hearing.
This draft OAH should be submitted to opposing counsel for approval as to form and forwarded to the Court.
If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel's attempts at notifying opposing counsel.
The attorney’s response to a complaint must be in writing.
Court's wording
Upon receipt of a written complaint, the Court shall notify the attorney in question of the complaint, shall provide the attorney with a copy of the complaint, and shall give the attorney 15 days from the date of the notice to respond to the complaint in writing.
(c) Whenever possible, the Department of Child Protective Services shall prepare and provide to all parties a proposed Stipulation to Jurisdiction and Disposition to assist in resolving the case.
Counsel, litigants, and witnesses should check the Court’s website and, if needed, download, complete, and file the Request for Remote Appearance form.
Court's wording
Counsel, litigants and witnesses should visit the Court’s website to determine if leave of the Court is required to appear telephonically or via remote video and to download, fill out and file the Request for Remote Appearance form for submission to the Court if needed.
1. A stipulation may be filed jointly by the District Attorney and Defense Counsel using SIE-0043 Stipulation of District Attorney and Defense Counsel to Add Criminal Matter to Calendar.
The requesting party is advised to ensure all documentation (e.g. proof of income, current financial declaration, etc.) is submitted at the time of the hearing to allow the court to make an informed decision.
If the parties have reached an agreement resolving all issues in the case, either party may present the signed written agreement to the Court
Notice to the Court may be given by the filing of Judicial Council form N-180 or by filing of a declaration.
Filing & Service rules
Electronic Filing Rules
The filing email subject must state the case name, case number where applicable, and case type.
The email “Subject” must state the case name and number where applicable, and the type of case, e.g. Civil, Family Law, Probate, Criminal, etc.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
E-filings that fail to comply with the stated rules will be rejected.
eFilings that do not conform to these rules will be rejected.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Electronic filings must be emailed to the court at superiorcourt@sierracourt.org.
Electronic filing of pleadings and documents must be sent by email to the court at the following email address ONLY: superiorcourt@sierracourt.org.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Each filing email may concern only one case.
Only one case per email
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
The filing email body may contain only the specified message.
The only message in the email body can be: “please file and return filed documents by email”.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Documents a judicial officer orders filed in person or by mail must be filed by that method.
All pleadings and documents ordered by a judicial officer to be filed in person or by mail MUST be filed in that manner.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
A party may submit documents electronically, and each electronically submitted document must place “Electronically Submitted” immediately below its title.
A party may submit documents electronically to the Appellate Division for filing. Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.
Page 39 | I. ELECTRONIC FILINGS.
Electronic filings must be sent to superiorcourt@sierracourt.org unless an Appellate Division clerk instructs otherwise.
Electronic filings shall be sent to superiorcourt@sierracourt.org unless instructed otherwise by a clerk of the Appellate Division.
Page 40 | I. ELECTRONIC FILINGS.
An Order After Hearing may be submitted by fax.
Faxed OAH's are acceptable.
Page 23 | 6.15 ORDERS AFTER HEARING
Copies of e-filed documents will be returned to the email address from which they were sent.
Copies of eFiled documents will be returned via the sending email address.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Electronic filing of pleadings and documents is permitted in all case types.
Submission of pleadings and documents through electronic filing (eFiling) is permitted in all case types.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Filing Timing and Cure Windows
Discovery must be completed by 240 days after the complaint is filed, except for depositions of expert witnesses.
(e) All discovery, other than depositions of expert witnesses, to be completed by 240 days after filing of the complaint.
Page 11 | 3.3 PERIODS OF CASE PROGRESSION
For covered civil actions and proceedings, the Clerk must set the first case management conference on the closest available date that is at least 135 days after filing.
Upon the initial filing of a civil action or proceeding, other than juvenile, probate, family law domestic violence, or civil harassment, the Clerk shall set the matter for a first case management conference on the case management calendar closest to, but not less than 135 days from the date of filing.
Page 11 | 3.1 CASE MANAGEMENT CONFERENCE
The parties shall submit a settlement conference brief not to exceed five pages no later than 5:00 p.m. on Friday the week before the settlement conference.
The parties shall submit a settlement conference brief not to exceed five pages no later than 5:00 p.m. on Friday the week before the settlement conference.
Page 13 | 3.8 SETTLEMENT CONFERENCES
Moving papers must be timely filed for the assigned hearing date; absent demonstrated good cause, the motion may be deemed waived.
(b) In the event that the moving papers are not timely filed for the assigned hearing date without good cause demonstrated, the motion may be deemed waived by the moving party.
Page 15 | Rule 5.1 Pretrial Motions
Form SIE-0043 must be filed at least five days before the desired hearing date.
3. SIE-0043 must be filed at least five (5) days prior to the desired hearing date to allow for proper scheduling.
Page 16 | Rule 5.4.A.3
Form SIE-0044 must be filed at least five days before the desired hearing date.
SIE-0044 must be filed at least five (5) days before the desired hearing date to allow for proper scheduling.
Page 16 | Rule 5.5 Request to Add Matters to Criminal/Traffic Calendar for Purposes of Addressing Ability-to-Pay Requests
A request to change the evaluator must be made within 10 calendar days after receiving the assignment notice from FCS.
If such a request for a change of evaluator is made, the request must be made within 10 calendar days of receiving the notice of assignment of evaluator from the FCS Department.
Page 20 | 6.4(a) Challenge of Evaluator
The current declaration is due within 30 days of the hearing or trial.
Within 30 days of the hearing or trial, a current Income and Expense Declaration must be filed by each party where support is at issue.
Page 21 | 6.5 CHILD AND SPOUSAL SUPPORT/ INCOME AND EXPENSE DECLARATION
The moving party’s papers must be filed at least 21 days before the hearing.
The papers of the moving party shall be filed and served at least 21 days prior to the time of the hearing.
Page 21 | 6.9 LAW AND MOTION
Proof of service must be filed before the hearing date.
Proof of service shall be filed prior to the date of the hearing.
Page 21 | 6.9 LAW AND MOTION
The declaration must be filed before or at the time of the hearing.
A Declaration re: Notice of Ex Parte Application for Order shall be filed with the Court prior to, or at the time of, the hearing.
Page 22 | 6.14 EX PARTE ORDERS
Unless an order shortening time has issued, responsive papers must be filed at least 10 days before the hearing.
Unless an order shortening time has been issued, responsive papers shall be served and filed at least 10 days prior to the date of the hearing.
Page 22 | 6.12 RESPONSIVE PLEADINGS
All Orders After Hearing must be submitted to the Court within 14 days after the hearing.
All OAH's must be submitted to the Court within 14 days following the hearing.
Page 23 | 6.15 ORDERS AFTER HEARING
The Settlement Conference Statement must be prepared, filed, and served at least 10 days before the settlement conference, or 15 days before it if service is by mail.
At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.
Page 24 | 6.18 TRIAL
Form SIE-0035 must be filed with the court clerk at least two court days before the hearing.
Any party seeking to appear remotely or requesting that a witness or support person appear remotely, must complete and file a Form SIE-0035, Request for Remote Appearance, with the court clerk at least two (2) court days prior to the hearing.
Page 25 | 6.20 REMOTE APPEARANCES IN DOMESTIC VIOLENCE CASES
If the child is not detained, the disposition hearing must begin within 30 calendar days after jurisdiction is found.
If the child is not detained, the disposition hearing shall be begun no later than 30 calendar days after jurisdiction is found.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
A detention hearing must be heard by the end of the Court Day after the petition is filed.
Detention Hearings shall be heard no later than the end of the next Court Day after a petition has been filed
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
If the child is detained, the petition hearing must begin within 15 Court days after the detention order.
If the child is detained, the hearing on the petition shall be begun within 15 Court days from the date of the detention order.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
The Court must review each dependent child's status within six months of the dependency declaration and at least every six months thereafter.
The Court is required to review the status of every dependent child within six months of the declaration of dependency and at least every 6 months thereafter.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
A Notice of Intent to file a petition for extraordinary writ shall be filed within 7 days of the date of the order setting a hearing under W & I Code § 366.26
A Notice of Intent to file a petition for extraordinary writ shall be filed within 7 days of the date of the order setting a hearing under W & I Code § 366.26
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
If the child is not detained, the petition hearing must begin within 30 calendar days after the petition is filed.
If the child is not detained, the hearing on the petition shall be begun within 30 calendar days from the date the petition was filed.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
A petition seeking writ review must be served and filed within 10 days after the record is filed in the reviewing Court.
A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition
Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
The Court must review the status of each child removed from a parent's or guardian's custody within 12 months of the dependency declaration.
The Court is required to review the status of every child who has been removed from the custody of a parent or guardian within 12 months of the declaration of dependency.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
If the child is not returned at the 12-month review, the Court must conduct another review no later than 18 months after the original detention.
If the child is not returned at the 12-month review, the Court shall conduct a review no later than 18 months from the date of the original detention.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
Alternatively, a response to a writ petition must be served and filed within 10 days of receiving a request from the reviewing Court.
or within 10 days of receiving a request for a response from the reviewing Court.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
If the child is detained, the disposition hearing must begin within 10 days after the petition is sustained.
If the child is detained, the hearing on disposition must be begun within 10 days from the date the petition was sustained.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
A notice of appeal must be filed within 60 days after judgment is rendered.
A Notice of Appeal shall be filed within 60 days after the rendition of the judgment.
Page 32 | Rule 7. Juvenile Law Dependency Proceedings
The permanent-plan selection hearing must begin within 120 days of the review terminating reunification services and ordering a W & I Code § 366.26 hearing.
Selection hearing for permanent plan shall begin within 120 days of the review at which reunification services are terminated and a hearing under W & I Code § 366.26 ordered.
Page 32 | Rule 7. Juvenile Law Dependency Proceedings
If accepted, an electronic filing received before 4:00 p.m. on a court day is deemed filed that day; one received after 4:00 p.m. or on a non-court day is deemed filed the next court day.
Any pleading and document received by the court by way of the above email address before 4:00 p.m. on any court day must be deemed filed, if accepted, on that court day. Any document that is received electronically after 4:00 p.m. on a court day or on a non-court day must be deemed filed, if accepted on the next court day.
Page 33 | Rule 8. Electronic Filing (eFILING) of Pleadings
Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.
Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.
Page 36 | 10.6(E) SUBMISSION OF MEDIA REQUESTS
The first case management conference is to be held approximately 135 days after the complaint is filed.
(d) First case management conference to be held approximately 135 days after filing of a complaint.
Page 11 | 3.3 PERIODS OF CASE PROGRESSION
Discovery should commence at the earliest practicable date.
(c) Discovery to commence at the earliest practicable date.
Page 11 | 3.3 PERIODS OF CASE PROGRESSION
If opposing counsel does not respond within five days, the proposed OAH may be submitted directly to the Court with a declaration describing attempts to notify opposing counsel.
If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel's attempts at notifying opposing counsel.
Page 23 | 6.15 ORDERS AFTER HEARING
After the notice is mailed, the attorney has 30 days to submit a Certificate of Competency.
The attorney shall have 30 days from mailing of the notice to submit a Certificate of Competency.
Page 27
The Certificate of Competency must be submitted within 20 days of the attorney’s first appearance in a dependency matter.
A Certificate of Competency shall be completed by the attorney of record for the dependency matter and submitted to the Court within 20 days of his or her first appearance in a dependency matter.
Page 27
The attorney has 15 days from the date of the notice to respond to the complaint.
shall give the attorney 15 days from the date of the notice to respond to the complaint in writing.
Page 28 | 7.6 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS
The notice-of-intent filing period is extended by five days if the party received notice of the order only by mail.
with an extension of 5 days if the party received Notice of the Order only by mail.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
The Appellate Division accepts electronic filings during normal business hours.
Electronic filings will be accepted in the Appellate Division during normal business hours.
Page 39 | I. ELECTRONIC FILINGS.
A party must request a court reporter at least one week before the hearing for an Appellate Division session to be reported.
The sessions of the Appellate Division shall not be reported by a court reporter unless a party so requests at least one week prior to the date set for the hearing.
Page 39 | F. COURT REPORTER.
If a technical problem prevents receipt of electronic documents during regular filing hours on a court day, the filer may ask the designated panel presiding judge for an order deeming them received on the attempted filing day.
If a technical problem with respect to a court’s electronic filing system precludes the court from receiving electronically submitted documents during its regular filing hours on a particular court day, the electronic filer may apply to the designated panel presiding judge for that case for an order deeming the electronically submitted documents received nunc pro tunc as of the day of the attempted filing.
Page 40 | I. ELECTRONIC FILINGS.
Service and Proof of Service Rules
When a statute requires mailing, documents must be mailed to the party’s last known Sierra County post office box and an affidavit of mailing filed; if no such box is known, a due-diligence affidavit may be submitted instead.
Wherever pursuant to Code of Civil Procedure §415.20, Code of Civil Procedure §587, or any similar statute whereby a mailing is required to comply with the statute, a mailing of the document(s) shall be made to the party’s last known Sierra County post office box, together with an affidavit of such mailing filed with the court in order to comply fully with the stated statute(s). If there is no last known Sierra County post office box for the individual or entity, an Affidavit of Due Diligence may be submitted to the Court, detailing the affiant’s efforts to ascertain a post office box or otherwise deliver the document(s) to the party.
Page 7 | 1.5 SERVICE OF PROCESS BY MAIL TO ADDRESSES IN SIERRA COUNTY
A responsive pleading must be served within 30 days after service of the complaint.
(b) Service of responsive pleading within 30 days after service of the complaint.
Page 11 | 3.3 PERIODS OF CASE PROGRESSION
The complaint must be served within 60 days after filing.
(a) Service of the complaint within 60 days of filing.
Page 11 | 3.3 PERIODS OF CASE PROGRESSION
The plaintiff must serve the case management conference notice together with the summons and complaint.
The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint.
Page 11 | 3.1 CASE MANAGEMENT CONFERENCE
A copy of the settlement conference brief must be served on opposing counsel.
A copy of the settlement conference brief shall be served upon the opposing counsel.
Page 13 | 3.8 SETTLEMENT CONFERENCES
Copies of a request for a different counselor must be delivered immediately to the counselor and all other parties and their attorneys, if any.
Copies of the request must be delivered immediately to the counselor and all other parties and attorneys, if any.
Page 18 | 6.2.2 CHANGE OF CUSTODY COUNSELORS; GENERAL PROBLEMS RELATING TO CCRC
Proof of service must be filed before the hearing date.
Proof of service shall be filed prior to the date of the hearing.
Page 21 | 6.9 LAW AND MOTION
The moving party’s papers must be served at least 21 days before the hearing.
The papers of the moving party shall be filed and served at least 21 days prior to the time of the hearing.
Page 21 | 6.9 LAW AND MOTION
The moving attorney or self-represented party must notify the opposing party of an ex parte application under the cited rules no later than 10:00 a.m. on the court day before the appearance, absent exceptional circumstances.
The moving attorney or moving self-represented party must give notice of any ex parte applications to the opposing attorney or self-represented party in accordance with California Rules of Court rules 3.1200-3.1207; "notice shall be given no later than 10:00 a.m. on the court day before the ex parte appearance, absent a showing of exceptional circumstances."
Page 22 | 6.14 EX PARTE ORDERS
Unless an order shortening time has issued, responsive papers must be served at least 10 days before the hearing.
Unless an order shortening time has been issued, responsive papers shall be served and filed at least 10 days prior to the date of the hearing.
Page 22 | 6.12 RESPONSIVE PLEADINGS
A completed Property Declaration required for a default property order must be served with the Request to Enter Default.
No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.
Page 23 | 6.16 DEFAULT OR UNCONTESTED JUDGMENTS
The declaration must be mailed to the defaulting party with the Request to Enter Default, and proof of mailing must be filed with the Court.
The declaration shall be mailed to the defaulting party with the Request to Enter Default, and proof of mailing shall be filed with the Court.
Page 24 | 6.16 DEFAULT OR UNCONTESTED JUDGMENTS
The Settlement Conference Statement must be served on the other party or opposing attorney.
At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.
Page 24 | 6.18 TRIAL
All relevant, nonprivileged material must be disclosed timely to every party.
Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties involved in the litigation.
Page 29 | 7.8 DISCOVERY
Upon timely request, parents, guardians, and de facto parents must disclose to all other parties relevant, nonprivileged material and information within their control.
Upon timely request, parents, guardians, and de facto parents shall disclose to all other parties such non-privileged material and information within the parent's, guardians, or de facto parent's control that is relevant.
Page 29 | 7.8 DISCOVERY
A discovery motion must be served on all parties at least five judicial days before the hearing.
The motion shall be served on all parties at least 5 judicial days before the hearing date.
Page 29 | 7.8 DISCOVERY
In contested proceedings, social worker narratives and relevant case records must be made available at least 10 calendar days before the hearing, and updated records at least two calendar days before.
In contested proceedings, the social worker's narratives and other relevant case records shall be made available to all counsel at least 10 calendar days before the hearing and any updated records 2 calendar days before the hearing.
Page 29 | 7.8 DISCOVERY
In cases other than contested proceedings, the case records and reports must be made available at least two calendar days before the hearing.
In all other cases, such documents shall be made available at least 2 calendar days prior to the hearing.
Page 29 | 7.8 DISCOVERY
All other reports must be provided a reasonable number of days before the hearing and never less than 48 hours before it.
(c) All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
Proposed modifications to the petition must be exchanged 48 hours before the jurisdiction hearing.
(d) All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
Expert names and copies of their reports must be provided to all counsel at least 10 days before the hearing, unless the Court orders a shorter time.
(f) The names of any experts to be called by any party and copies of their reports (if not part of a social study report prepared by Children's Services) shall be provided to all counsel at least 10 days before the hearing unless a shorted time is ordered by the Court.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
Jurisdictional and dispositional reports are due at least 48 hours before the hearing.
(a) Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
Dependency-status review and status-review reports are due at least 10 calendar days before the hearing.
(b) Review of dependency status and status review reports are due at least 10 calendar days before the hearing.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
A petition seeking writ review must be served within 10 days after the record is filed in the reviewing Court.
A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
Alternatively, a response to a writ petition must be served within 10 days of receiving a request from the reviewing Court.
or within 10 days of receiving a request for a response from the reviewing Court.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition
Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
After a signed document is filed electronically, another party may demand production of the physically signed original; the demand must be served on all other parties and not filed with the court.
At any time after filing a signed electronically filed document, any other party may serve a demand for production for the original physically signed document. The demand shall be served on all other parties but not be filed with the court.
Page 39 | I. ELECTRONIC FILINGS.
Filing Fees and Waivers
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 39 | G. WAIVER OF FEES AND COSTS.
A petitioner must pay the actual cost of a court-ordered guardianship investigation.
Upon the filing of a Petition for guardianship, the Court shall order the appropriate level of guardianship investigation. Petitioner shall be required to pay for the actual cost of the guardianship investigation.
Page 35 | 10.2 GUARDIANSHIP INVESTIGATIONS
A fee is charged for each requested copy of an electronic recording.
A fee will be charged for each copy requested pursuant to Government Code section 70631.
Page 35 | 10.3 ELECTRONIC RECORDINGS, COPIES
Courtesy Copy Requirements
Copies of briefs filed with the Appellate Division are not required because the briefs are submitted electronically to the appellate panel judges.
Copies are not required to be submitted because briefs are submitted to the appellate panel judges electronically, eliminating the need for additional copies.
Page 38 | C. BRIEFS
Pre-Motion Conference Requirements
Counsel must meet and confer in good faith to resolve or narrow disputed issues before a discovery-motion hearing.
Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion. (Eff. 01/01/09.)
Page 15 | Rule 5.2 Criminal Discovery
Before seeking court enforcement of required criminal disclosures, a party must informally request the materials from opposing counsel; failure to do so may ground denial of a discovery motion, and written requests are recommended.
Before a party may seek Court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code § 1054.5(b). Failure to make such a request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.
Page 15 | Rule 5.2 Criminal Discovery
For a custody or visitation disagreement raised in a Notice of Motion, Request for Order, or Request for Trial, the Court will schedule CCRC before the hearing or trial.
At the time of filing of a Notice of Motion, Request for Order, or Request for Trial on an issue involving a disagreement over child custody or visitation, the Court will schedule a CCRC appointment in order that the issue may be discussed in CCRC before the date of the court hearing or trial.
Page 18 | 6.2.1 CCRC
If the moving party fails to schedule CCRC, the responding party must promptly schedule it before the hearing after service of the moving pleadings, unless the parties have already agreed on a parenting plan.
In the event the moving party fails to schedule a CCRC appointment as set forth above, upon service of the moving pleadings, the responding party shall promptly schedule CCRC for a date prior to the hearing, unless the parties have by that time already reached an agreement regarding a parenting plan; in which case they need not contact FCS.
Page 18 | 6.2.1 CCRC
A party may petition for discovery only after exhausting all informal means.
Only after all informal means have been exhausted may a party petition the Court for discovery.
Page 29 | 7.8 DISCOVERY
A settlement conference must be scheduled and held before every contested hearing unless the judicial officer setting the hearing deems it unnecessary.
(a) A settlement conference shall be calendared and held prior to every contested hearing unless deemed unnecessary by the judicial officer setting the contested hearing.
Page 30 | 7.10 SETTLEMENT CONFERENCES
The Court expects counsel to try to resolve discovery differences before filing a motion and, if one is filed, before the hearing.
Similarly, the Court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing.
Page 9 | 2.7 DISCOVERY
Discovery motions must focus on specific items still disputed after informal requests; boilerplate discovery motions are disfavored.
Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. "Boilerplate" discovery motions are disfavored.
Page 15 | Rule 5.2 Criminal Discovery
The parties and their attorneys, if any, must make a good-faith effort to support the FCS process.
The parties and their attorneys, if any, must make a good faith effort to support the FCS process.
Page 17 | 6.2 MEDIATION
Upon a showing of good cause, telephonic CCRC may take place when either party resides outside of Sierra County and will suffer extreme hardship by traveling to the CCRC appointment. The request for telephone CCRC shall be made to FCS in advance of the CCRC appointment. Telephone CCRC may be authorized by the Court, the Director of Family Court Services, or any individual counselor to whom a CCRC assignment has been made.
Upon a showing of good cause, telephonic CCRC may take place when either party resides outside of Sierra County and will suffer extreme hardship by traveling to the CCRC appointment. The request for telephone CCRC shall be made to FCS in advance of the CCRC appointment. Telephone CCRC may be authorized by the Court, the Director of Family Court Services, or any individual counselor to whom a CCRC assignment has been made.
Page 18 | 6.2.1 CCRC
Adjournment & Extension Requirements
Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient.
Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient.
Page 8 | 2.5 CONTINUANCES (CIVIL LAW AND MOTION ONLY)
Stipulated extensions under Government Code § 68616 must be in writing and filed with the Clerk.
(f) Stipulated extensions of time as provided in Government Code § 68616 shall be in writing and filed with the Clerk.
Page 12 | 3.3 PERIODS OF CASE PROGRESSION
Any extension other than a qualifying stipulated extension requires a written motion supported by a declaration of good cause.
Any other extensions shall only be after a written motion, supported by a declaration of good cause.
Page 12 | 3.3 PERIODS OF CASE PROGRESSION
A motion to continue a criminal trial is disfavored and must be denied unless the moving party establishes under Penal Code § 1050 that the interests of justice require it.
Motions to continue the trial of a criminal case are disfavored and shall be denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance. (Eff. 01/01/09.)
Page 15 | Rule 5.3 Continuance of Cases Set for Trial
If discovery, reports, or proposed modifications have not been made available to all counsel, an affected party or the Court may request a continuance, to the extent permitted by law.
(e) If any discovery, reports, or proposed modifications have not been made available to all counsel, then any affected party or the Court may request a continuance of the hearing to the extent permitted by law.
Page 30 | 7.9 PRESENTATION OF EVIDENCE
Time waivers are accepted, and continuances are granted only upon a showing of good cause.
Time waivers will be accepted, and continuances granted only on a showing of good cause.
Page 31 | Rule 7. Juvenile Law Dependency Proceedings
Chambers Communication Rules
Except as permitted by Family Code § 216, attorneys may not communicate ex parte with a court-appointed or court-connected evaluator or mediator, and evaluators or mediators may not communicate ex parte with the court.
Except as permitted by Family Code § 216, there shall be no ex parte communication between the attorneys for any party to an action, including child’s counsel, and any court-appointed or court-connected evaluator, mediator, or between a court-appointed or court-connected evaluator or mediator and the court.
Page 17 | 6.2 MEDIATION
The evaluator may communicate ex parte with the Judge only about procedural questions and must inform each party if substantive issues are discussed.
The child custody evaluator will not conduct ex parte communication with the Judge regarding a particular case except where there are questions regarding procedure in that case. If any substantive issues are discussed with the Judge, the evaluator shall so inform each of the parties of the communication.
Page 20 | 6.4(c) Ex Parte Communications
If an attorney or client cannot attend at the hearing time, the Court and opposing party must be notified immediately by telephone of the reasons for and extent of the delay.
If the attorney or client is unable to be present at the time of the hearing, the Court and opposing party shall be notified immediately by telephone of the reasons for and extent of the delay.
Page 22 | 6.13 HEARINGS
Present applications involving matters pending before the Appellate Division to the assigned panel’s designated presiding judge, or to the Presiding Judge of the Appellate Division if there is no designation or that judge is unavailable.
Any applications involving matters pending before the Appellate Division shall be presented to the designated presiding judge of the assigned panel for the case involved. In the absence of such designation or unavailability of the respective assigned panel presiding judge, such applications shall be presented to the Presiding Judge of the Appellate Division.
Page 41 | L. OTHER APPELLATE RULES
Counsel should call the Court to schedule a longer hearing if counsel believes the matter will take more than 10 minutes.
If counsel believes that the matter to be heard will take more than 10 minutes, counsel should contact the Court at (530- 289-3698) to schedule a longer hearing.
Page 8 | 2.4 CALENDAR MATTERS
If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request.
If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request.
Page 8 | 2.5 CONTINUANCES (CIVIL LAW AND MOTION ONLY)
A request for telephone CCRC must be made to FCS in advance of the appointment.
The request for telephone CCRC shall be made to FCS in advance of the CCRC appointment.
Page 18 | 6.2.1 CCRC
An attorney who leaves before the CCRC session ends must tell the party and FCS how to reach the attorney to review the agreement, without unduly inconveniencing the parties or the Court.
If a party’s attorney chooses to leave the courthouse prior to the completion of the CCRC session, the attorney will be responsible for advising the party and FCS as to how he or she may be contacted for review of the agreement; provided, however, that neither the parties nor the Court shall be unduly inconvenienced by the attorney’s conduct.
Page 19 | Agreement reached
Attorneys and parties must be present when the case is called unless they previously check in with the Court clerk and request that the matter be passed for settlement discussion outside the courtroom.
The attorneys and parties shall be present in Court when their case is called for hearing unless they have previously checked in with the Court clerk and requested the matter be passed for settlement discussion outside the Courtroom.
Page 22 | 6.13 HEARINGS
The hearing date must be obtained from the clerk.
The date for the hearing shall be obtained from the clerk.
Page 29 | 7.8 DISCOVERY
If a person wishes to change the assignment of the child custody evaluator, he/she should do so by contacting the head of the FCS Department who will make a determination regarding the request.
If a person wishes to change the assignment of the child custody evaluator, he/she should do so by contacting the head of the FCS Department who will make a determination regarding the request.
Page 20 | 6.4(a) Challenge of Evaluator
A party may request a copy of an official electronic recording by contacting the clerk’s office.
In cases where an electronic recording serves as the official record, a party may request a copy by contacting the clerk’s office at 100 Courthouse Square, Second Floor, Downieville, CA 95936.
Page 35 | 10.3 ELECTRONIC RECORDINGS, COPIES