Sierra Superior Court Pre-Motion Conference Requirements

CRITICAL

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.)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.