Trinity Superior Court Document Format Requirements

CRITICAL

Applies to

Motion

Unusual or out-of-the-ordinary motions must be written, served on opposing counsel, and filed by 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.

CRITICAL

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.

(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.

CRITICAL

Applies to

Proposed jury instructions

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.

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.

CRITICAL

Claims for payment must use the Court’s Claim Form or a substantially similar form containing the same information in the appendix’s order.

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.

CRITICAL

Payment claims must use the Court’s Claim Form or a substantially similar form containing the same appendix-required information in the same order.

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.

CRITICAL

Applies to

Motion

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.

(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.

CRITICAL

The Court will not accept electronic signatures in any form other than qualifying digital signatures.

No other form of electronic signatures will be accepted.

CRITICAL

Digital signatures on filed documents are allowed and have the same effect as manual signatures if they comply with Government Code §16.5(a)(1)-(5).

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).

CRITICAL

Specially prepared jury instructions must be numbered consecutively.

(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.

CRITICAL

Declarations submitted to the counselor must comply with California Rules of Court, Rule 2.100.

All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100.

CRITICAL

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.

(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.

CRITICAL

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.

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.

CRITICAL

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.

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.

CRITICAL

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.

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.

CRITICAL

Objections to a request for access to juvenile records must be submitted in writing.

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.

CRITICAL

Declarations submitted to the counselor must comply with California Rules of Court, Rule 2.100.

All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100.

CRITICAL

A party filing a digitally signed document represents that it maintains the signer’s certificate or similar verification document and will produce it upon Court request.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Jury instructions

Specially prepared instructions must be numbered consecutively and shown to opposing counsel.

(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.

CRITICAL

Unusual motions, including complex or extensive motions in limine, must be in writing.

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.

CRITICAL

Applies to

Jury instructions

(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.

(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.

CRITICAL

Applies to

Administrative record

The administrative record must be lodged in loose-leaf three-ring binders, tabbed by document number and prominently titled by volume.

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.

CRITICAL

The trial notebook must be in a three-ring binder, with each document separately tabbed.

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.

WARNING

As a general policy, prove-up applications and supporting evidence should be presented in writing, except where the Clerk may enter judgment without judicial review or the law prohibits written presentation.

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)).

WARNING

The trial notebook must be in a three-ring binder, with each document separately tabbed and a table of contents at the front.

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.

WARNING

Billing may be rounded up no more than to the next tenth of an hour, and rounding must be reasonable in the Court’s discretion.

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.

WARNING

Billing may be rounded up by no more than one-tenth of an hour, and all billing must be reasonable in the Court’s discretion.

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.

INFO

Applies to

Proposed jury instructions

The court prefers that individual instruction pages not be numbered.

It is the court’s preference that the individual pages not be numbered.

INFO

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.

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.