Trinity Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Petition, Supporting Document, Additional Document
- 1 copy • Upon Filing
Petition, Supporting Documents, Additional Documents
- 1 copy • Upon Filing
Adjournments
- Unless good cause is shown, a motion to continue a preliminary examination must be heard at the scheduled felony pre-prelim conference.
- The Court may reject a continuance or withdrawal despite party agreement, choose a different hearing date, and impose the stated consequences for noncompliance.
- The Court may advance or continue the petition hearing date and briefing schedule on its own motion or on a party’s noticed motion upon a showing of good cause.
- +14 more
Request must include
- A party seeking a continuance must file and serve notice at least two court days before the hearing; the notice must state that all parties agree, give the new hearing date and time, and include proof of service.
- A continuance or withdrawal notice must be filed and served at least two court days before the hearing; continuances require counsel’s declaration of agreement and a proposed new date and time, but the Court may reject the notice or select a different date.
- A court-trial continuance request must be received at least 10 working days before trial; an untimely request is granted only if the interest of justice requires it.
- A court-trial continuance request must be received at least 10 working days before trial; an untimely request may be granted only when the interest of justice requires it.
- A party requesting tolling or an extension of the 180-day period must provide the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of notice.
Communication
Phone
Phone
Phone
Page & Word Limits6 rules
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.
Each volume shall consist of not more than three hundred (300) pages
- Page limit
- Up to 300 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
- Up to 10 pages
- Total pages submitted by or for parent
- Up to 30 pages
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.
Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume.
- Page limit
- Up to 300 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
- Up to 10 pages
- Page limit
- Up to 30 pages
Document Format Requirements29 rules
No other form of electronic signatures will be 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 §16.5(a)(1)-(5).
A party who files a document containing a digital signature under this rule represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court.
The administrative record must be lodged in labeled, tabbed three-ring binder volumes of no more than 300 pages each, with the required cover-page index and volume number on each spine.
- Binding
- Three-ring binder
- Administrative record
Court's wording
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. Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume. 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, and the page number of the record of the first page of the document. The volume number shall also be printed on the spine of each binder.
Unless the court orders otherwise, a criminal discovery motion must be in writing and comply with California Rules of Court, Rule 4.111, unless time is shortened by order.
Court's wording
(C) 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.
(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.
Unless the trial judge orders otherwise or grants an order for good cause, jury instructions covering the law disclosed by the pleadings must be delivered in writing to the judge by 12:00 p.m. on the first day of trial.
Court's wording
(1) 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.
Proposed jury instructions must use approved, unmodified CALCRIM wording, display the applicable CALCRIM number, omit a place to mark whether an instruction was given, refused, or modified, and have separate pages with sequentially numbered left-margin lines; the court prefers that individual pages not be numbered.
- Jury instructions
Formatting
- •Each instruction must present approved and unmodified CALCRIM wording
Court's wording
Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055. Each instruction shall present the approved and unmodified wording as provided in CALCRIM. 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 instruction shall be on a separate page or pages with sequentially numbered lines along the left margin. It is the court’s preference that the individual pages not be numbered.
Unusual motions, including complex or extensive motions in limine, must be in writing.
- Unusual motion
- Motion in limine
Formatting
- •The motion must be in writing
Court's wording
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 final pretrial conference.
Claims for payment must use the Court’s Claim Form or a substantially similar form containing the same information in the appendix’s order.
Court's wording
All claims for payment specified in this Rule 11.03 shall be made on the Courts Claim Form, which can be provided to counsel from the Court Secretary, or on forms substantially the same. 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.
All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100.
Digital signatures on filed documents are accepted with the same effect as manual signatures if they meet Government Code §16.5(a)(1)-(5); other electronic signatures are not accepted, and the signer’s verification document must be retained and produced upon request.
Court's wording
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 §16.5(a)(1)-(5). No other form of electronic signatures will be accepted. A party who files a document containing a digital signature under this rule represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court.
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.
- Binding
- Three-ring binder
Formatting
- •Use loose-leaf volumes
- •Tab documents by document number
- •Prominently title each volume “ADMINISTRATIVE RECORD VOL. 1”, etc.
The trial notebook must be in a three-ring binder, with each document separately tabbed.
- Binding
- Three-ring binder
Court's wording
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 shall be separately tabbed with a table of contents at the front of the notebook.
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 final pretrial conference.
Proposed instructions must use approved, unmodified CALCRIM wording, show the applicable CALCRIM number at the top, omit disposition markings, and use separate pages with sequentially numbered lines along the left margin.
Formatting
- •Each instruction must present the approved and unmodified wording provided in CALCRIM
Court's wording
Each instruction shall present the approved and unmodified wording as provided in CALCRIM. 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 instruction shall be on a separate page or pages with sequentially numbered lines along the left margin.
A criminal discovery motion must be written and follow California Rules of Court, Rule 4.111’s time standards unless the court orders otherwise or shortens time.
- Discovery motions
Formatting
- •The motion must be in writing
Court's wording
(C) 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.
(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.
(1) 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.
Payment claims must use the Court’s Claim Form or a substantially similar form containing the same appendix-required information in the same order.
Court's wording
All claims for payment specified in this Rule 11.03 shall be made on the Courts Claim Form, which can be provided to counsel from the Court Secretary, or on forms substantially the same. 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.
All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100.
The specified juvenile-record petitions must be filed at the Trinity County Courthouse with one original and two copies; a request for a conformed copy requires additional copies and a self-addressed stamped envelope.
Court's wording
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 Trinity County Courthouse, 11 Court Street, Weaverville, CA 96093. Petitioner shall submit one original and two copies for filing. If a conformed copy is requested, additional copies with a self- addressed stamped envelope shall be included.
Objections to a request for access to juvenile records must be submitted in writing.
Court's wording
Any objections to the petitioner’s request for access to juvenile records must be submitted in writing to, and received by, the Juvenile Court Presiding Judge no later than 5 actual days after the filing date of the petition.
The trial notebook must be in a three-ring binder, with each document separately tabbed and a table of contents at the front.
- Binding
- Three-ring binder
- Trial notebook
Court's wording
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 shall be separately tabbed with a table of contents at the front of the notebook.
Rounding up in billings shall be no more than to the next 1/10ths of an hour, and in all cases, shall be reasonable in the discretion of the Court.
Except in cases concerning which the Clerk may enter judgment without review by a judicial officer (CCP §585(a)), it is the general policy of the court that prove-up applications and evidence in support thereof be presented in written form, unless prohibited by law (CCP §585(c)).
Rounding up in billings shall be no more than to the next 1/10ths of an hour, and in all cases, shall be reasonable in the discretion of the Court.
For a discovery motion requiring a separate statement, a concise outline may be filed without leave in its place, although the court may request a separate statement from either or both parties if further information is needed.
Court's wording
Where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits, without leave of court, that a concise outline of the discovery request and each response in dispute be filed in lieu of the separate statement. Where further information is necessary to make a determination on the discovery motion, the court may request either or both parties to file a separate statement.
It is the court’s preference that the individual pages not be numbered.
Document Filing Requirements228 rules
(A) An order granting media coverage of court proceedings pursuant to Rule 1.150 of the California Rules of Court is required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits.
A notice of association of counsel must provide identifying and contact information for at least one associating attorney.
Court's wording
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.
Mandatory settlement conference statements must be filed as required by the cited rule and include jury-demand and fee information, a trial time estimate, and trial-readiness information.
Court's wording
Statements. 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.
The plaintiff must identify a collections case in an accompanying Civil Case Cover Sheet when filing the complaint; otherwise, the case is subject to the remaining Section 3 case-management procedures.
Court's wording
Collections 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 collections case as defined in CRC, Rule 3.740. If not so identified, the case shall be subject to disposition pursuant to the case management procedures set forth within the balance of Section 3 of these rules. If so identified:
A petition to approve a transfer of structured settlement payment rights must be accompanied by a conforming proposed order containing the findings required by statute.
- Document
- Petition to approve transfer of structured settlement payment rights
Must include
- •Proposed order
Court's wording
At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code §10134 et seq., a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code §10139.5 must be lodged with the court.
A copy of a proposed order or judgment may be attached to a written stipulation, but the version to be signed and filed must be lodged separately.
Court's wording
If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document.
A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278. Judgment for costs on appeal will be entered after the time has passed for a motion to strike or tax costs or for determination of that motion.
A party filing a Labor Code section 98.2 notice of appeal must file the complaint and any answer, the complete Labor Commissioner decision, and proof of service of the notice.
Court's wording
Any party filing a Notice of Appeal of the order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, shall file with the Clerk of the Court: (1) A copy of the complaint and any answer filed with the Labor Commissioner; (2) A complete copy of the order, decision, or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision if provided by the Labor Commissioner; and (3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.
Forms of judgment must identify the parties by their full names and capacities as stated in the pleadings, or as amended by court order, and leave a blank for costs unless costs have already been fixed.
Court's wording
In drafting forms of judgment for the trial judge to sign, counsel shall: (A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants; (B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names; and (C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ ."
The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order.
- Document
- Demurrer motion or application for order
Must include
- •Proposed order
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. A reference to “the whole file” is not a specific reference.
The proposed administrative-record index must be detailed and list the documents petitioners propose to include.
Court's wording
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.
The preliminary notification must state estimated preparation costs and page count, and, to the extent known, document locations, responsible contacts, and inspection dates and times during normal business hours.
Court's wording
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. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection.
Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief.
Petitioners must lodge a notice form inviting mediation for the court’s signature.
Court's wording
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 notice must identify documents or items the agency or party contends should be added to or deleted from petitioners’ proposed record.
Court's wording
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.
The agency’s preliminary notification must state applicable photocopying procedures and other preparation conditions, and the agency must supplement it as additional appropriate documents are identified.
Court's wording
The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.
Before certification and lodging, the record must be organized in the stated sequence; the sequence standardizes the order of typical documents but does not dictate the record’s contents.
Court's wording
Prior to certification and lodging, the administrative record shall be organized with the documents in the following order: (a) The Notice of Determination; (b) The Resolution(s) or Ordinance(s) adopted by the lead agency approving the project, including any resolution(s) or ordinance(s) adopted in compliance with Public Resources Code §21081 and §21081.6; (c) The Draft or revised Draft Environmental Impact Report and initial study; (d) The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; (e) The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); (f) The staff reports prepared for the approving bodies of the lead agency; (g) Transcripts and/or minutes of hearings; (h) The remainder of the administrative record, in chronological order if possible. The above table of organization is not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code §21167.6(e).
Notice shall be given in accordance with Code of Civil Procedure §1005.
If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification.
Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court.
Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains.
If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it.
The trial notebook must include the specified pleadings, memoranda, motions, issues statements, agreed documents, table of contents, and evidence index.
- Document
- Trial notebook
Must include
- •Table of contents
Court's wording
The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(s) of issues required by Public Resources Code §21167.8, and any other document(s) agreed upon by the parties. 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.
Any person requesting a bail reduction or increase shall disclose all such prior requests. This rule does not apply where an application or request is made after a preliminary hearing, or at an initial arraignment on the Information.
A request for a source-of-bail hearing must include a declaration or offer of proof identifying the bail agent and surety or depositor, the bond-premium source and proposed payer, and the source and details of the security or pledge.
Court's wording
The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (b) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (c) The source of the security or pledge, including the name and address of the owner, and description of the property.
A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required.
The proposed property-bond order may be signed only if the court finds the property equity is twice the bail amount and receives the recorded Deed of Trust.
Court's wording
The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust.
(b) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and
(2) 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 Trinity” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.
- Document
- Notice of hearing
Must include
- •Proposed order
Search warrant returns are to be presented to Court Administration who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d).
Arrest- and search-warrant requests must be reviewed and approved by the appropriate prosecutor before delivery to court, except for the listed warrant types; arrest-warrant declarations must be fully dated and executed.
Court's wording
All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court. All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants.
(a) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser;
(c) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Trinity” as a loss payee.
A counsel-entered guilty or no-contest plea under Penal Code §977 must include a properly executed plea form when the offense can count as a prior offense for enhanced punishment.
Court's wording
(E) Pleas of guilty or no contest entered by counsel pursuant to Penal Code §977 must be accompanied by a properly executed 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 §488 and Vehicle Code §§14601, 23103.5, 23152, and 23153.
Filing & Service rules
Electronic Filing Rules
The court does not accept filings sent directly by fax.
This court does not accept direct fax filings as provided by CRC Rule 2.304.
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
Electronic-mail filings are accepted through the court’s dedicated filing email address.
Electronic mail filing 2 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 31 | RULE 11.05 FACSIMILE FILING
The court does not accept filings sent directly by fax.
(A) This court does not accept direct fax filings as provided by CRC Rule 2.304.
Page 35 | RULE 12.08 FACSIMILE FILING
The court does not accept direct fax filings under CRC Rule 2.304.
This court does not accept direct fax filings as provided by CRC Rule 2.304.
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts electronic-mail filings at court_filings@trinitycounty.org.
Electronic mail filing 2 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 31 | RULE 11.05 FACSIMILE FILING
Direct fax filings are not accepted by the court.
(A) This court does not accept direct fax filings as provided by CRC Rule 2.304.
Page 35 | RULE 12.08 FACSIMILE FILING
The court accepts filings by email at court_filings@trinitycounty.org.
Electronic mail filing 4 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 41 | RULE 13.15(B) FACSIMILE FILING / ELECTRONIC MAIL FILING
Filings may be made through a fax filing agency under CRC Rule 2.303, except for documents identified in CRC Rule 2.300(b); attorneys or law offices may act as agencies if they meet the applicable requirements.
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). “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office, or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met.
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts email filings through court_filings@trinitycounty.org.
Electronic mail filing 1 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts filings by email through court_filings@trinitycounty.org.
Electronic mail filing 3 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 35 | RULE 12.08 FACSIMILE FILING
The court accepts electronic-mail filings through court_filings@trinitycounty.org.
Electronic mail filing 4 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 41 | RULE 13.15(B) FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts electronic-mail filings at court_filings@trinitycounty.org.
Electronic mail filing 1 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts filings through a fax filing agency under CRC Rule 2.303, except for documents identified in CRC Rule 2.300(b); attorneys or law offices may act as agencies if they meet CRC Rules 2.303 and 2.305.
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). “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office, or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met.
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING
The court accepts filings by email through court_filings@trinitycounty.org.
(B) Electronic mail filing 3 is accepted through our dedicated email address court_filings@trinitycounty.org
Page 35 | RULE 12.08 FACSIMILE FILING
Filing Timing and Cure Windows
The request to use the recording system must be made no later than five days before the proceeding to be recorded.
In lieu, thereof, a recording system is available for misdemeanor or infraction cases pursuant to Penal Code §1045 upon direct request to the Clerk of the Court no later than five days in advance of the proceedings to be recorded.
Page 9 | RULE 2.06 COURT REPORTERS
If electronic filing is permissive, an electronic document received on a court day by 11:59:59 p.m. is deemed filed that day; a document received on a non-court day is deemed filed on the next court day.
Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day.
Page 16 | RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL FILING (footnote)
When filing the petition, the petitioner must request a status conference within 50 days of filing.
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 17 | RULE 4.16 (A)(2)(a) Request for status conference
Within 20 calendar days after receiving the record-preparation request, the responsible agency must personally serve petitioners a preliminary cost and page-estimate notification.
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 18 | RULE 4.16 (C)(1) Preparation of the record by the public agency
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.
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 18 | RULE 4.16 (C)(2)(a) Election by petitioners
Within seven calendar days after service of petitioners’ proposed index, the agency and any other party must prepare and serve petitioners a notice identifying proposed additions to or deletions from the record.
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 18 | RULE 4.16 (C)(2)(a) Election by petitioners
Within five days after the respondent’s response deadline, petitioners must prepare and lodge a mediation-invitation notice form with the civil clerk for the court’s signature.
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 18 | RULE 4.16 (B) Mediation
Within forty (40) calendar days after service of petitioners’ notice of election 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.
Within forty (40) calendar days after service of petitioners’ notice of election 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 19 | Preparation of the Record by Petitioners
Within seven calendar days after service of the agency’s proposed index, petitioners and other parties must prepare and serve a notice identifying proposed additions to or deletions from the record.
Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record.
Page 19 | Administrative Record
When the agency prepares the record, it must certify, personally serve, and lodge it 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 20 | Certifying and Lodging the Record
After certification, petitioners must personally serve and lodge the record with the court no later than 60 days after service of their election notice.
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 20 | Certifying and Lodging the Record
In-custody criminal complaints must be filed with the Clerk as early as possible and no later than 11:00 a.m. on the defendant’s first-appearance day.
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 21 | RULE 5.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
Petitioners must file the trial notebook 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.
Page 21 | SECTION 4 MISCELLANEOUS RULES – CIVIL
Criminal complaints for out-of-custody defendants must be filed with the Clerk at least two days before the 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 21 | RULE 5.01 FILING CRIMINAL COMPLAINTS AND CITATIONS
The declaration or offer of proof must be filed 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 22 | RULE 5.02 BAIL
Unless the trial judge orders otherwise or grants an order for good cause, jury instructions covering the law disclosed by the pleadings must be delivered to the judge by 12:00 p.m. on the first day of trial.
(1) 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 25 | SECTION 8 CRIMINAL RULES – TRIAL
Unusual motions, including complex or extensive motions in limine, must be filed at or before the final pretrial 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 final pretrial conference.
Page 25 | SECTION 8 CRIMINAL RULES – TRIAL
Unless otherwise ordered or time is shortened by order, criminal discovery motions are subject to the time standards in California Rules of Court, Rule 4.111.
(C) 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 25 | SECTION 7 CRIMINAL RULES – DISCOVERY
In misdemeanor cases, discovery must be sought in time for attorneys to be prepared to discuss the case at the settlement conference.
(D) 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 25 | SECTION 7 CRIMINAL RULES – DISCOVERY
A Trial by Declaration request must be received before the defendant's required appearance time, and full bail must be deposited when the written declaration is submitted.
(C) Request a Trial by Declaration, as set forth in Rule 11.06. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code §40902(b), full bail must be deposited at the time the written declaration is submitted.
Page 26 | SECTION 10 RULES RELATING TO ADULT INFRACTIONS
All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.
All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.
Page 26 | RULE 8.03 ORDINARY MOTIONS IN LIMINE
A request for a combined arraignment and court-trial date must be received before the defendant's required appearance time.
(B) Request a date for combined arraignment and court trial by contacting Court Services during normal business hours. The request must be received prior to the time at which the defendant is required to appear.
Page 26 | SECTION 10 RULES RELATING TO ADULT INFRACTIONS
The noticed motion’s filing deadline is governed by California Rules of Court, Rule 4.111 unless the court shortens time on written application and good cause.
the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.
Page 27 | SECTION 11 — GENERAL CRIMINAL RULES
Claims must be submitted regularly or within 45 days of service.
Claims shall be submitted regularly or within 45 days of service.
Page 29 | Rule 11.03(E) Miscellaneous Matters
An attorney may use ancillary services without prior authorization only in exigent circumstances and must immediately apply for authorization with a declaration under penalty of perjury explaining the exigency.
Only when exigent circumstances exist may an attorney engage ancillary services without prior court authorization. If an attorney does so, the attorney must immediately thereafter make application to the court for authorization of such services and show, in a declaration made under penalty of perjury, exigent circumstances justifying the use of such services without prior court authorization.
Page 29 | Rule 11.03
The attorney who employed ancillary services must submit the payment claim when submitting the claim for services rendered and expenses incurred.
Claims for payment for ancillary services are to be submitted at the time the attorney submits the claim for payment of services rendered and expenses incurred. The claim for payment for ancillary services shall be submitted by the attorney employing such services.
Page 29 | Rule 11.03
An attorney may resubmit a denied portion within 30 days after notice of denial if the resubmission includes a declaration with additional supporting facts and is expressly identified as a resubmission.
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. Each such resubmitted claim shall be expressly identified as such.
Page 29 | Rule 11.03(E) Miscellaneous Matters
Noncompliance, including missing a filing deadline, waives the claim and reimbursement right unless good cause is shown by declaration with the claim or within 30 days after rejection for noncompliance.
Failure by the attorney to comply with the requirements of this rule, including the time for filing requirement, shall be deemed a waiver of the claim and right to reimbursement. 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 30 | Rule 11.03(G) Failure to Comply
A party seeking the counselor’s testimony at a hearing or trial must submit a written request to Family Court Services at least three court days beforehand, or by 5 p.m. on the Trial Setting Conference day if trial starts sooner than three court days afterward.
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 11 Court Street, Weaverville, CA 96093. 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 31 | RULE 12.01(D)(1) TESTIMONY OF CHILD CUSTODY RECOMMENDING COUNSELOR
Service and Proof of Service Rules
Plaintiff shall serve in accordance with Rule 3.03.
Plaintiff shall serve in accordance with Rule 3.03.
Page 13 | RULE 3.04 COLLECTIONS CASES UNDER CRC, RULE 3.740(A)
The notice of association of counsel must be served on all parties, and proof of service must be 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 13 | RULE 3.05 COUNSEL PERMITTED TO APPEAR, ASSOCIATION OF COUNSEL
A declaration proving service of the notice of appeal on the Labor Commissioner must be filed with the appeal papers.
A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.
Page 15 | RULE 4.06 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2
A verified memorandum of costs must be timely filed and served before the separate judgment for appellate costs is submitted.
A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278.
Page 15 | RULE 4.07 JUDGMENT ON COSTS ON APPEAL
A notice of continuance or withdrawal must be filed with the Court and served on all parties at least two court days before the hearing; proof of service must be attached.
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. A notice of withdrawal must have a proof of service attached.
Page 17 | RULE 4.14 (B) Continuances and Withdrawals
The petitioner must serve the respondent with notice of the status conference date.
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 17 | RULE 4.16 (A)(2)(a) Request for status conference
The agency and any other party must serve petitioners with the notice identifying proposed record additions or deletions.
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 18 | RULE 4.16 (C)(2)(a) Election by petitioners
The public agency must personally serve its preliminary administrative-record notification on petitioners.
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 18 | RULE 4.16 (C)(1) Preparation of the record by the public agency
Petitioners must serve the detailed proposed-record index on all parties.
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 18 | RULE 4.16 (C)(2)(a) Election by petitioners
Petitioners must serve all parties with a detailed index listing the documents they propose for the administrative record.
Within forty (40) calendar days after service of petitioners’ notice of election 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 19 | Preparation of the Record by Petitioners
Within 20 calendar days after receiving petitioners’ election notice, the agency must personally serve petitioners with a preliminary notification containing the specified record-location, contact-person, and inspection information.
Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying.
Page 19 | Preparation of the Record by Petitioners
The notice identifying proposed additions to or deletions from the record must be served on the agency and all parties.
Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record.
Page 19 | Administrative Record
After certification, petitioners must personally serve the administrative record.
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 20 | Certifying and Lodging the Record
When the agency prepares the record, it must personally serve it as well as lodge it with the court.
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 20 | Certifying and Lodging the Record
Notice to the prosecuting agency and County Counsel is unnecessary when the stated custody or voluntary-appearance conditions are met within the specified period; otherwise, the moving party must give at least 10 days’ prior written notice and file proof of notice.
Notice of request to set aside forfeiture. The prosecuting agency and County Counsel need not be given notice of an order setting aside a forfeiture of bail pursuant to Penal Code §1305(c)(1) provided the following determinations and assessments are made: (a) The defendant has been delivered into the custody of the Trinity County Sheriff or the defendant appears voluntarily in court; and (b) The defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily in court within 180 days after entry in the minutes or mailing of the Notice of Forfeiture, together with such additional time as the court may have previously ordered pursuant to its authority under Penal Code §1305(e) or §1305.4; and (c) 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 21 | RULE 5.02 BAIL
The defense must notify the prosecuting agency before requesting bail or O.R. so a representative can be present.
No defense request for bail or O.R. may be made without prior notification to the prosecuting agency, to allow a representative to be present.
Page 21 | RULE 5.02 BAIL
The Notice of Hearing must also be served on the prosecuting agency and County Counsel in compliance with California Rules of Court, Rule 4.111.
A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required.
Page 22 | RULE 5.02 REAL PROPERTY BONDS
A moving party seeking to toll or extend the 180-day period must give the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of notice.
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 22 | RULE 5.02 BAIL
The declaration or offer of proof must be 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 22 | RULE 5.02 BAIL
Jury instructions covering the law disclosed by the pleadings must be served on all other parties by 12:00 p.m. on the first day of trial, unless the trial judge orders otherwise or grants an order for good cause.
(1) 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 25 | SECTION 8 CRIMINAL RULES – TRIAL
Unusual motions, including complex or extensive motions in limine, must be served on opposing counsel.
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 final pretrial conference.
Page 25 | SECTION 8 CRIMINAL RULES – TRIAL
Specially prepared jury instructions must be shown to opposing counsel.
(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.
Page 25 | SECTION 8 CRIMINAL RULES – TRIAL
All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.
All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.
Page 26 | RULE 8.03 ORDINARY MOTIONS IN LIMINE
Service timing for the noticed motion is governed by California Rules of Court, Rule 4.111 unless the court shortens time on written application and good cause.
the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.
Page 27 | SECTION 11 — GENERAL CRIMINAL RULES
A sentence-modification hearing requires at least two days’ actual notice to the District Attorney unless the District Attorney expressly waives the time.
In no event shall hearing on such an application take place following less than two days’ actual notice to the District Attorney, unless time is expressly waived by the District Attorney.
Page 27 | SECTION 11 — GENERAL CRIMINAL RULES
Service must ensure actual physical receipt by the opposing party or counsel and Family Court Services by noon on the preceding court day, but the counselor may consider untimely served declarations.
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. Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor.
Page 31 | RULE 12.01(C) DECLARATIONS
The evaluator must serve the report at least 10 days before the child-custody hearing on the parties or their attorneys and any appointed counsel for the child.
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 §3150.
Page 33 | Reports
When a fiduciary or attorney requests fees or commissions other than those computed under Probate Code §§10800 and 10810, the notice of hearing and petition must be served on all interested parties.
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.
Page 36 | SECTION 13 PROBATE RULES; RULE 13.03
A copy of the petition must accompany each notice of hearing served on a person requesting special notice or when the petition is a testamentary trustee’s accounting.
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 36 | SECTION 13 PROBATE RULES; RULE 13.03
Filing Fees and Waivers
The court investigation fee for a guardianship petition involving a relative as proposed guardian is collected when the petition is filed unless a fee waiver has been granted; the amount is listed in the court’s fee schedule.
The fee for court investigations in guardianship and conservatorship proceedings is specified in the court’s fee schedule, which is available at the public counter of the clerk’s office or on the court’s web site at www.trinity.courts.ca.gov. 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 § 1513.1.
Page 41 | RULE 13.14(B) COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
Notices of appeal and pleadings requiring a filing fee must be filed in Court Services.
All notices of appeal and any other pleading that requires payment of a filing fee must be filed in Court Services.
Page 12 | RULE 2.13 PLACE FOR FILING NOTICES OF APPEAL AND CERTAIN OTHER PLEADINGS
For determining the filing fee, a Labor Code §98.2 Notice of Appeal is treated as the first paper.
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.
Page 15 | RULE 4.06 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2
The court investigation fee is listed in the court’s fee schedule; it is collected at filing for qualifying relative-guardian petitions unless waived, while collection, waiver, or deferral in conservatorships is determined after the investigator’s report.
The fee for court investigations in guardianship and conservatorship proceedings is specified in the court’s fee schedule, which is available at the public counter of the clerk’s office or on the court’s web site at www.trinity.courts.ca.gov. 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 § 1513.1. 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 § 1851.5.
Page 41 | RULE 13.14(B) COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
A Labor Code section 98.2 notice of appeal is treated as the first paper when determining the filing fee.
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.
Page 15 | RULE 4.06 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2
In conservatorship proceedings, the court decides whether to collect, waive, or defer the court investigation fee after the investigator’s report is complete.
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 § 1851.5.
Page 41 | RULE 13.14(B) COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
The clerk is authorized to grant fee-waiver applications that meet the eligibility standards in Government Code §§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 §68632 and §68633.
Page 16 | RULE 4.13 PAYMENT OR WAIVER OF FEES
The clerk may grant fee-waiver applications that meet 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 §68632 and §68633.
Page 16 | RULE 4.13 PAYMENT OR WAIVER OF FEES
Courtesy Copy Requirements
Each petition to appoint a conservator or guardian, its supporting documents, and later-filed documents must be accompanied by an extra copy for the civil division clerk.
Every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional documents filed after the initial petition shall be subject to the same process.
Page 41 | RULE 13.14(A) COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
Each petitioner for a guardianship or conservatorship must provide one extra copy of the petition and supporting documents to the civil division clerk upon filing, and the same applies to later-filed documents.
Every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional documents filed after the initial petition shall be subject to the same process.
Page 41 | RULE 13.14(A) COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS
Sealing & Redaction Procedures
Individuals granted access to DPSS records must not disclose the identity of anyone who reported suspected child abuse or neglect.
The above listed individuals granted access to DPSS records and files shall not disclose orally or in writing any information regarding the identity of any person making a report of suspected child abuse or neglect. (Pen. Code, §11167, subd. (d).)
Civil cases
Page 1 | ORDER AUTHORIZING DISCLOSURE OF INFORMATION BETWEEN CPS AND THE FAMILY LAW COURT
Records and information obtained must remain in the confidential portion of the family law file and may be disclosed only as ordered by the court.
Any records or information obtained shall be maintained solely in the confidential portion of the family law file and may only be released or disclosed as ordered by the family law Court. (Welf. & Inst. Code, §827.10, subd. (d).)
Civil cases
Page 1 | ORDER AUTHORIZING DISCLOSURE OF INFORMATION BETWEEN CPS AND THE FAMILY LAW COURT
An ex parte 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 29 | Rule 11.03(E) Miscellaneous Matters
Applications and their supporting documents, as well as orders under the rule, must be filed in the confidential portion of the relevant files.
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 30 | Rule 11.03
Evaluator reports must be designated confidential in the case management system and may be disclosed only to the listed persons, or to another person by court order for good cause.
Reports from child custody evaluators shall be placed into the case management system as a confidential document, 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 §3150; (c) those additional persons set forth in Family Code §3025.5; and (d) any other person upon order of the court for good cause.
Page 33 | Confidentiality; Sanctions for Violation
Authorized recipients must preserve the report's confidentiality and use it only in the pending litigation; copying it for dissemination, unauthorized disclosure, and attaching it to pleadings are prohibited.
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 33 | Confidentiality; Sanctions for Violation
Inappropriate disclosure of an evaluator report is subject to substantial sanctions.
Substantial sanctions shall be imposed for inappropriate disclosure.
Page 33 | Confidentiality; Sanctions for Violation
The ex parte 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 29 | Rule 11.03(E)
Applications, supporting documentation, and orders under Rule 11.03 must be filed in the confidential portion of the relevant files.
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 30 | Rule 11.03
Evaluator reports must be kept confidential, disclosed only to authorized persons (or others by court order for good cause), used only in the pending litigation, and not copied for dissemination or attached to pleadings; inappropriate disclosure is subject to substantial sanctions.
Reports from child custody evaluators shall be placed into the case management system as a confidential document, 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 §3150; (c) those additional persons set forth in Family Code §3025.5; and (d) any other person upon order of the court for good cause. 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. Substantial sanctions shall be imposed for inappropriate disclosure.
Page 33 | (H) Confidentiality; Sanctions for Violation
Pre-Motion Conference Requirements
A hearing on supplementing the record or objecting to documents must be separate from and held before the writ hearing.
The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ.
Page 20 | Disputes Regarding the Contents of the Administrative Record
Disputes about the accuracy or scope of the lodged administrative record must be resolved by noticed motion.
Once the administrative record has been lodged with the court, any disputes about its accuracy or scope shall be resolved on noticed motion.
Page 20 | Disputes Regarding the Contents of the Administrative Record
The hearing on a motion to supplement the record or object to documents must be separate from and held before the writ hearing, with notice given under Code of Civil Procedure §1005.
The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ. Notice shall be given in accordance with Code of Civil Procedure §1005.
Page 20 | Disputes Regarding the Contents of the Administrative Record
Counsel must meet and confer with the assigned CWS court officer and/or assigned County Counsel, after meeting with their clients and preparing to discuss the issues; this requirement does not apply to self-represented parties.
All counsel shall meet and confer with the court officer assigned by the Department of Child Welfare Services (CWS) and/or the Deputy or Assistant County Counsel assigned to the case. Counsel will have previously met with their respective clients and will be ready to discuss the issues to be resolved. Meet and confer requirements of these rules do not apply to parties representing themselves in propria persona.
Page 42 | RULE 14.03(A) MEET AND CONFER REQUIREMENT
The parties are strongly urged, but not required, to meet and confer to resolve disputes about the administrative record’s contents.
THE PARTIES ARE STRONGLY URGED TO MEET AND CONFER IN ORDER TO RESOLVE DISPUTES REGARDING THE CONTENT OF THE ADMINISTRATIVE RECORD.
Page 20 | Disputes Regarding the Contents of the Administrative Record
The parties are strongly urged, but not required, to meet and confer to resolve disputes about the administrative record’s contents.
THE PARTIES ARE STRONGLY URGED TO MEET AND CONFER IN ORDER TO RESOLVE DISPUTES REGARDING THE CONTENT OF THE ADMINISTRATIVE RECORD.
Page 20 | Disputes Regarding the Contents of the Administrative Record
Any party may notice a motion to supplement the administrative record or object to documents in it.
A motion to supplement the administrative record with additional documents and/or to object to certain documents may be noticed by any party.
Page 20 | Disputes Regarding the Contents of the Administrative Record
Adjournment & Extension Requirements
A party seeking a continuance must file and serve notice at least two court days before the hearing; the notice must state that all parties agree, give the new hearing 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 17 | RULE 4.14 (B) Continuances and Withdrawals
Continuance motions are disfavored and must be denied unless the moving party presents affirmative proof under Penal Code §1050 that the ends of justice require a continuance; a stipulation or substitution of counsel alone does not establish good cause.
(C) 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 24 | Rule 6.02 Pretrial Motions
The parties must be prepared to discuss the case facts and trial-witness availability, and the final pretrial conference may not be continued without actual good cause.
(D) Both sides shall be fully prepared and able to discuss the facts of the case and the availability of witnesses for trial. The final pretrial conference shall not be continued without actual good cause shown.
Page 24 | Rule 6.01 Negotiations Prior to Pretrial Conference
Unless good cause is shown, a motion to continue a preliminary examination must be heard at the scheduled felony pre-prelim conference.
(A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony pre-prelim conference scheduled for the case.
Page 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
A preliminary-examination continuance is disfavored and must be denied unless the moving party presents affirmative proof under the applicable statutes that the ends of justice require it; an all-party stipulation or substitution of counsel alone does not automatically 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 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
A court-trial continuance request must be received at least 10 working days before trial; an untimely request is granted only if 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 27 | RULES RELATING TO ADULT INFRACTIONS
An attorney may seek an extension of up to 30 days before the filing period expires by submitting an application with a declaration under penalty of perjury showing good cause.
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 30 | Rule 11.03(G) Failure to Comply
A continuance or withdrawal notice must be filed and served at least two court days before the hearing; continuances require counsel’s declaration of agreement and a proposed new date and time, but the Court may reject the notice or select a different date.
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. A notice of withdrawal must have a proof of service attached. Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions.
Page 17 | RULE 4.14(B) Continuances and Withdrawals
An extension of the sixty-day period may be requested by a stipulation signed by all parties with court approval, or by noticed motion, in either case before the period expires.
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 20 | Certifying and Lodging the Record
A party requesting tolling or an extension of the 180-day period must provide the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of notice.
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 22 | RULE 5.02(A)(4) BAIL—Notice of Request for tolling or extension of time
Continuance motions for any hearing, including trial, are disfavored and must be denied unless the moving party presents affirmative proof under Penal Code §1050 that the ends of justice require a continuance; party stipulation alone is not good cause, and substitution of counsel does not automatically establish 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 24 | RULE 6.02 PRETRIAL MOTIONS
The final pretrial conference may not be continued unless actual good cause is shown.
The final pretrial conference shall not be continued without actual good cause shown.
Page 24 | RULE 6.01 NEGOTIATIONS PRIOR TO PRETRIAL CONFERENCE
A preliminary-examination continuance is disfavored and must be denied unless the moving party presents affirmative proof under the applicable statutes that the ends of justice require it; party stipulation alone and substitution of counsel do not automatically 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 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
Unless good cause is shown, a motion to continue a preliminary examination must be heard at the case’s scheduled felony pre-prelim conference.
(A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony pre-prelim conference scheduled for the case.
Page 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
A court-trial continuance request must be received at least 10 working days before trial; an untimely request may be granted only 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 27 | RULE 10.02 TRIAL CONTINUANCES
An attorney may seek an extension of up to 30 days before the filing period expires by submitting an application with a declaration under penalty of perjury showing good cause.
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 30 | Rule 11.03(G)
The Court may reject a continuance or withdrawal despite party agreement, choose a different hearing date, and impose the stated consequences for noncompliance.
Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions.
Page 17 | RULE 4.14 (B) Continuances and Withdrawals
The Court may advance or continue the petition hearing date and briefing schedule on its own motion or on a party’s noticed motion upon a showing of good cause.
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 17 | RULE 4.16 (A)(2)(b) Briefing schedule and hearing on the petition
An extension may be requested either by a stipulation signed by all parties with court approval or by noticed motion, in either case before the 60-day period expires.
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 20 | Certifying and Lodging the Record
The court will normally set the record-certification hearing at the initial status conference; the court or a party on noticed motion may advance or continue it for good cause.
A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown.
Page 20 | Hearing to Certify the Administrative Record
If a party fails to comply with the discovery rule or an order, the court may grant a continuance, among other remedies.
(E) In the event of a failure to comply with this rule or an order of discovery, the court may grant a continuance, exclude the evidence not disclosed, dismiss the case if required by the United States Constitution, or order any other relief or sanction available at law or under these rules.
Page 25 | SECTION 7 CRIMINAL RULES – DISCOVERY
The Court may advance or continue the hearing date and briefing schedule on its own motion or on a party’s noticed motion for good cause.
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 17 | RULE 4.16(A)(2)(b) Briefing schedule and hearing on the petition
The court will normally set the certification hearing at the initial status conference; for good cause, the court or a party by noticed motion may advance or continue it.
A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown.
Page 20 | Hearing to Certify the Administrative Record
Chambers Communication Rules
A direct request to the Clerk is required to use the recording system for a misdemeanor or infraction proceeding, and the request must be made at least five days beforehand.
In lieu, thereof, a recording system is available for misdemeanor or infraction cases pursuant to Penal Code §1045 upon direct request to the Clerk of the Court no later than five days in advance of the proceedings to be recorded.
Page 9 | RULE 2.06 COURT REPORTERS
A party seeking a hearing date for an ex parte motion or application requiring a personal appearance must contact Court Services to schedule it.
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 Court Services in order to schedule the hearing.
Page 16 | RULE 4.12 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
A party who decides 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 16 | RULE 4.12 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
Unless the court grants leave for direct telephone contact, telephonic appearances must use the court's vendor; counsel must contact Court Call before the hearing and follow its procedures.
Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures.
Page 16 | RULE 4.10 TELEPHONIC & VIDEO APPEARANCES
For an after-hours defense request for bail or O.R., the requesting party must arrange for a prosecuting-agency representative to be available by telephone before contacting the court.
When a defense request for bail or O.R. is made after normal court hours the requesting party shall, before contacting the court, arrange for the telephone availability of a representative from the prosecuting agency.
Page 21 | RULE 5.02 BAIL
For misdemeanor or infraction proceedings, a digital recording may be requested directly from the clerk no later than five days in advance; court reporters are not court-funded except in felony cases and may be obtained at the parties’ expense.
Except in felony cases, court reporters are not available at the expense of the Court. In lieu thereof, a digital recording system is available for misdemeanor or infraction cases pursuant to Penal Code §1045 upon direct request to the clerk of the court no later than five (5) days in advance of the proceedings to be recorded. Court reporters may be used, but they shall be obtained by, and at the expense of, one or more of the parties.
Page 24 | Rule 6.04 Court Reporters and Recording System
At the time of setting or as soon as possible afterward, counsel must identify to the setting judge, Presiding Judge, or designee any matter expected to take at least half a day to present.
Counsel shall, at the time of setting, or as soon as possible thereafter, identify to the setting judge, the Presiding Judge, or the Presiding Judge's designee any matter which can realistically be expected to take a half-day or more to present.
Page 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
A defendant requesting a combined arraignment and court-trial date must contact Court Services during normal business hours, and the request must be received before the required appearance time.
(B) Request a date for combined arraignment and court trial by contacting Court Services during normal business hours. The request must be received prior to the time at which the defendant is required to appear.
Page 26 | SECTION 10 RULES RELATING TO ADULT INFRACTIONS
For an eligible sentence-modification request, contact the clerk to arrange a hearing before the sentencing bench officer on that officer’s regular calendar.
In cases in which the court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, on a regular calendar over which that bench officer presides.
Page 27 | SECTION 11 — GENERAL CRIMINAL RULES
Direct or indirect communications among the evaluator, specified attorneys, or the court are generally prohibited unless all parties involved have knowledge of, are present for, or consent to them.
In general, direct or indirect communications between the evaluator, any attorney for the parties, any attorney for a child appointed pursuant to Family Code §3150, or the court are prohibited without the knowledge, presence or consent of all parties involved in the matter.
Page 33 | Ex Parte Communications with Evaluator
Unless the court grants leave for direct telephone contact, counsel must arrange telephonic appearances through the court’s vendor, Court Call, by contacting it before the hearing and following its procedures.
Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call, at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures.
Page 39 | RULE 13.12 TELEPHONIC APPEARANCES
A party who 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 16 | RULE 4.12 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
A party seeking a hearing date and time for an ex parte motion or application requiring personal appearances must contact Court Services to schedule the hearing.
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 Court Services in order to schedule the hearing.
Page 16 | RULE 4.12 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS
For an after-hours defense bail or own-recognizance request, the requester must arrange for a prosecuting-agency representative to be available by telephone before contacting the court.
When a defense request for bail or O.R. is made after normal court hours the requesting party shall, before contacting the court, arrange for the telephone availability of a representative from the prosecuting agency.
Page 21 | RULE 5.02(A)(2)(b) BAIL—Defense requests re bail/OR
For misdemeanor or infraction proceedings, a digital recording system is available if directly requested from the court clerk at least five days in advance.
In lieu thereof, a digital recording system is available for misdemeanor or infraction cases pursuant to Penal Code §1045 upon direct request to the clerk of the court no later than five (5) days in advance of the proceedings to be recorded.
Page 24 | RULE 6.04 COURT REPORTERS AND RECORDING SYSTEM
At the time of setting or as soon as possible afterward, counsel must notify the setting judge, Presiding Judge, or designee about any matter expected realistically to take at least a half-day to present.
Counsel shall, at the time of setting, or as soon as possible thereafter, identify to the setting judge, the Presiding Judge, or the Presiding Judge's designee any matter which can realistically be expected to take a half-day or more to present.
Page 26 | SECTION 9 CRIMINAL RULES – PRELIMINARY EXAMINATIONS RULE
To request a combined arraignment and court-trial date, the defendant must contact Court Services during normal business hours.
(B) Request a date for combined arraignment and court trial by contacting Court Services during normal business hours. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code §40519, full bail must be deposited before a trial date will be assigned. Bail shall include all assessments under §42006 of the Vehicle Code and §1464 of the Penal Code.
Page 26 | SECTION 10 RULES RELATING TO ADULT INFRACTIONS
For a probation-term modification request, the clerk must be contacted to set a hearing before the sentencing bench officer on that officer’s regular calendar.
In cases in which the court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, on a regular calendar over which that bench officer presides.
Page 27 | RULE 11.02 SENTENCE MODIFICATIONS
Requests for the counselor's testimony at a hearing or trial must be made in writing to the Family Court Services office at the stated address.
(1) 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 11 Court Street, Weaverville, CA 96093.
Page 32 | RULE 12.01 FAMILY COURT SERVICES COUNSELING
Direct or indirect communications among the evaluator, specified attorneys, or the court are generally prohibited unless all parties involved have knowledge of, are present for, or consent to the communications.
In general, direct or indirect communications between the evaluator, any attorney for the parties, any attorney for a child appointed pursuant to Family Code §3150, or the court are prohibited without the knowledge, presence or consent of all parties involved in the matter.
Page 33 | (I) Ex Parte Communications with Evaluator
Unless the court grants leave for direct telephone contact, counsel must arrange telephonic appearances through the court’s vendor, Court Call, by contacting it before the hearing and following its procedures.
Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call, at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures.
Page 39 | Rule 13.12 Telephonic Appearances
An attorney who will not oppose an opposing counsel’s motion must promptly notify opposing counsel and the Court Services office.
If an attorney will not oppose a motion filed by opposing counsel, that attorney shall promptly so notify opposing counsel and the Court Services office.
Page 8 | SECTION 1 GENERAL RULES
Counsel who cannot arrive by the scheduled time must notify Court Services, give the reason and estimated arrival time, and will have good cause if conflicting court appearances caused the delay and the notice requirements are met.
If counsel cannot be present at or before the time the matter is set, counsel shall notify Court Services. Counsel shall also inform Court Services of the reason for his or her late appearance and an estimated time of arrival. The clerk shall notify the bench officer or the courtroom clerk of the department to which the matter is assigned. It shall be deemed good cause if counsel has conflicting court appearances and complies with the notice requirements of this rule.
Page 8 | SECTION 1 GENERAL RULES
An attorney requesting that a calendared proceeding be dropped must promptly notify opposing counsel and the Court Services office.
If an attorney has calendared a proceeding and decides to request the matter be dropped from calendar, the attorney shall promptly notify opposing counsel and the Court Services office.
Page 8 | SECTION 1 GENERAL RULES
When appearances conflict across departments, counsel must advise the courtroom clerks, request priority in one department, and ask that the other proceedings trail.
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 17 | RULE 4.15 CONFLICTING COURT APPEARANCES
Counsel may appear by telephone on the probate calendar, except at proceedings involving witness testimony or settlement conferences unless the court orders otherwise.
Counsel are permitted to appear by telephone on the probate calendar. Unless otherwise ordered by the court, telephonic appearances will not be allowed at any proceeding at which witnesses will be called to testify or at settlement conferences.
Page 39 | RULE 13.12 TELEPHONIC APPEARANCES
A party must promptly notify the court by telephone that an objection is forthcoming; Court Services can be reached at the listed number for that purpose.
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. Court Services may be reached for that purpose at (530) 623-1208.
Page 44 | RULE 14.07 CONFIDENTIALITY OF RECORDS / PETITIONS
If counsel cannot arrive by the scheduled time, counsel must notify Court Services of the reason and estimated arrival time; conflicting court appearances count as good cause when counsel complies with this notice requirement.
(E) If counsel cannot be present at or before the time the matter is set, counsel shall notify Court Services. Counsel shall also inform Court Services of the reason for his or her late appearance and an estimated time of arrival. The clerk shall notify the bench officer or the courtroom clerk of the department to which the matter is assigned. It shall be deemed good cause if counsel has conflicting court appearances and complies with the notice requirements of this rule.
Page 8 | SECTION 1 GENERAL RULES