Tuolumne Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Jury Instructions, Witness List, Proposed Voir Dire Questions
- 2 copies • At Least One Court Day Before Trial
Adjournments
- A party seeking to change a hearing date must file a written application showing good cause and a proposed order at least five court days before the hearing.
Communication
Phone
Phone
Clerk
Page & Word Limits1 rule
Supporting memoranda are limited to 15 pages and oppositions to 10 pages, excluding the listed materials.
The memorandum of points and authorities shall not exceed fifteen (15) pages. Opposition to the motion shall not exceed ten (10) pages. The page limit does not include exhibits, declarations, attachments, a table of contents, a table of authorities, or the proof of service.
Supporting Memorandum
15 pages
Opposition
10 pages
Document Format Requirements1 rule
Colored paper may be used as an exhibit divider, but not to print the exhibit itself, and blue, goldenrod, green, pink, and yellow paper may not be used.
1.03.5 Color of Papers: Notwithstanding the prohibition on use of colored paper at California Rules of Court, rule 2.103, the Court will accept the use of colored paper to designate the beginning of an exhibit so long as the exhibit itself is not printed on the colored paper (i.e., use as an exhibit divider). However, the following colors shall not be used, as they already are designated for other purposes in the Court’s files: blue, goldenrod, green, pink, and yellow. (Effective 7/01/19)
Document Filing Requirements173 rules
A party requesting court reporter services from the Court for a civil matter shall file the request pursuant to California Rules of Court, rule 2.956 using local form TUO-CS-150.
DocumentCourt Reporter Services Request
An order disbursing funds from a Court trust account must state the authority for release, deposit date, warrant amount, and known current payee name and address.
1.06.0 Order for Disbursement of Funds: All orders for disbursements of funds from Court trust accounts shall contain the statement of authority for release of funds, the date the funds were deposited, the amount of the warrant to be issued, and the current name and address of payee as known. (Effective 1/01/01)
DocumentOrder For Disbursement Of Funds
Whenever an audio recording is offered as evidence, an accurate written transcript must accompany it.
DocumentAudio Recording
The request shall include a proposed order for the Court’s signature.
DocumentStipulated Continuance Request
When a proposed order and signature line are included in the same document as a written request, the document title must include “[PROPOSED] ORDER.”
1.18.0 Proposed Orders: When a proposed order and line for judicial signature are included at the end of the same document that presents a written request to the Court (as opposed to the lodging of a separate proposed order), the title of the document shall include the words “[PROPOSED] ORDER” so that the nature of the document is clear to the Court and to all parties and interested persons that receive a copy of it.
DocumentWritten Request With Proposed Order
Case management statements must use the mandatory Judicial Council form.
a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.
DocumentCase Management Statement
Stipulations to continue any proceeding shall be signed by the attorneys for all represented parties in the case.
DocumentStipulation To Continue
The opposition to a Request must be made using local form TUO-CV-300
DocumentInformal Discovery Conference Request Opposition
The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-275
DocumentInformal Discovery Conference Request
A hearing-date change application must be written, show good cause, and include a proposed order.
Any party seeking a change of hearing date set under this section must file a written application showing good cause for the change, together with a proposed order, no later than five (5) court days in advance of the hearing.
DocumentHearing Date Change Application
Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log shall identify all sending and receiving persons or entities, as well as include information sufficient to apprise the opposing party and the Court of the basis for the asserted privilege.
DocumentPrivilege Log
The motion shall include proof that the moving party satisfied this rule prior to filing the motion, including the date the Request was filed and a brief description of the disposition of the Request.
DocumentDiscovery Motion
No other pleadings regarding the discovery dispute, including but not limited to exhibits, declarations, or attachments, will be accepted, except for a privilege log, if required (see subdivision (e) below).
DocumentDiscovery Dispute Pleading
Civil trial briefs must be submitted to the Court and opposing counsel at least one court day before trial, unless the Court orders an earlier submission, and must identify trial issues, significant anticipated evidentiary problems, and intended witnesses.
Trial briefs are required for all civil court cases. Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date. Trial briefs shall set forth the issues to be tried and any significant evidentiary problems that are likely to be presented. Trial briefs shall list all witnesses the counsel preparing the brief intends to call at the trial.
DocumentTrial Brief
A request for continuance based on stipulation by the parties must be made in writing, filed with the Court, and accompanied by a proposed order granting the request.
DocumentContinuance Request
The declaration or request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date.
DocumentRequest
The request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date.
DocumentContinuance Request
A request for an order shortening time shall comply with the California Rules of Court governing ex parte applications, commencing with rule 3.1200. A stipulation by the parties to shorten time is without effect.
DocumentRequest For Order Shortening Time
A substitution document must identify the new attorney or self-represented party with the required contact information, name a specific attorney rather than only a law firm, and be served on all parties.
A document that substitutes one attorney for another or substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and shall be served on all parties. It is insufficient to name a law firm as the new attorney of record; the document must contain the name of a specific attorney.
DocumentSubstitution Of Counsel
If a trial date has been set in the action or proceeding, it shall be the duty of counsel who has substituted out or withdrawn to advise the Court in writing as to whether the client has been notified of the trial date and the manner of said notification.
DocumentNotice To Court
No defaults or uncontested matters shall be set for hearing by the clerk unless and until the judgment, and all pleadings and documents necessary for hearing and disposition of the matter, are on file in the clerk’s office.
DocumentDefault Or Uncontested Matter
Affidavits and declarations presented in support of a prove-up application shall comply with the requirements of Code of Civil Procedure sections 585 and 585.5.
DocumentProve Up Application
A default prove-up requires competent evidence proving each essential element; pleadings are not deemed proved by default, conclusions are insufficient, and affidavits or declarations must establish the affiant’s or declarant’s competence.
At a default prove-up, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. In all cases, proof must be presented by competent evidence and all essential elements of the causes of action sought to be proved; conclusions, whether legal or factual, are insufficient. Affidavits and declarations must affirmatively show that the affiant or declarant is competent to testify to the statements made thereon. In general, the Court will use the same standards for assessing the quality and sufficiency of the evidence as would be applied in a contested proceeding.
DocumentDefault Prove Up
The Court will reject any claim for punitive damages, unless evidence is provided of the defaulting defendant’s net worth, including liabilities.
DocumentDefault Punitive Damages Claim
An application to change a child’s living situation before a full hearing must include the specified orders, schedules, residence history, proposed time-sharing plan, reasons and supporting facts, and other relevant information.
Any application to change the child’s living situation prior to a full hearing shall include the following: a. The current court order, if any; b. The current child-sharing schedule or agreement, if any; c. Changes in the child’s place of residence in the past 180 days and the circumstances surrounding these changes; d. Proposed time-sharing program; e. The reasons for any proposed change in the child’s living situation, setting forth facts establishing that the child would be physically or emotionally harmed if custody were not changed prior to a hearing on the merits; and f. Other relevant information.
DocumentApplication To Change Child Living Situation
If an agreement or stipulation can be reached by the parties through the mediator, the agreement or stipulation immediately shall be reduced to writing, executed by the parties and their respective counsel (if they are represented by counsel), and submitted to the judge for signature.
DocumentAgreement Or Stipulation
A marital settlement agreement may be approved or incorporated only if the stated petition, stipulation, endorsement, and signature conditions are met.
No marital settlement agreement shall be approved by the Court or incorporated by reference in a judgment unless: a. The petition refers to the property settlement agreement; or the agreement, or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation; or both parties and their attorneys have endorsed approval of the agreement on the Judicial Council form of the stipulation for judgment. b. 1. If both parties are represented by counsel, the agreement is signed by both attorneys; or 2. If only one party is represented by counsel, the attorney for that party signs the agreement and the other party signs a statement in the agreement, or a declaration, or affidavit, that that party has been advised to consult an attorney regarding the agreement, but declined to do so.
DocumentMarital Settlement Agreement
Each party must file and serve current Judicial Council income-and-expense and property declarations no later than 15 calendar days before trial.
Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.
DocumentIncome And Expense Declaration And Property Declaration
The trial brief must state the listed property, funds, tracing, debt, support, custody, and visitation information to the extent known or contended; an appraisal may be attached.
The trial brief shall include a full and complete statement of the following information to the extent known or contended: 1. Community and Separate Property: For each item of property, listed under the same item numbers and in the same order as on the Property Declaration, with community property listed first, the following: (i) The date of acquisition; (ii) The facts upon which it is claimed that the property is community or separate; (iii) The nature, extent and terms of payment of any encumbrance against the property; (iv) The manner in which title is presently vested; (v) The record title data; and (vi) Current market value. 2. Funds Held by Others: To the extent that either community or separate property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall, to the extent not identified on the property declaration, state serial or account numbers,and shall state the basis for calculation of the present value and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans shall be set forth; 3. Tracing: If it is contended that a single asset is part community and part separate property in nature, the statement shall describe the asset, its date of acquisition, its value, the dates and amount of payments upon the purchase of the asset or nature and extent of the transaction which resulted in its acquisition, and a statement of the contended segregation of the total value of the asset as to its community and separate property values; 4. Current Obligations: With respect to the current obligations of the parties, the statement shall include the date the debt was incurred, the terms of payment and security, if any held by the creditor, and if it is contended that the debt is a separate obligation and the debt was incurred during the marriage a statement as to the basis of that contention; 5. Support, Custody and Visitation: The statement shall specify that party’s contentions as to child custody, visitation, and the amount and duration of child and spousal support; 6. Appraisals: Each party may attach to the statement a copy of an appraisal by a qualified appraiser of any real or personal property.
DocumentTrial Brief
A petitioner seeking to free a minor from parental custody and control must submit a proposed order appointing county Child Welfare Services to investigate.
When filing a petition to free a minor from parental custody and control (see Family Code section 7800 et seq.), the petitioner shall submit a proposed order appointing county Child Welfare Services to conduct the investigation required by Family Code section 7850.
DocumentPetition To Free Minor From Parental Custody And Control
The Court will not process any request for order that includes a request for TEO unless a completed Judicial Council form FL-303 is submitted at the same time.
DocumentRequest For Order
All requests for orders that include a request for TEO must include Judicial Council form FL-303, which has been completed, dated, and signed.
DocumentRequest For Order
Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases;
DocumentTelephone Appearance Request
If an order has been filed it can be amended only by court order. Such an order may be obtained by submitting an ex parte application for an order, with notice to all parties, setting forth the basis for the correction and requesting the judge to sign the amended order.
DocumentEx Parte Application
Petitions, reports, accountings, and other papers that are required to be verified pursuant to Probate Code section 1020 et seq. shall be filed and, as applicable, served with the proper verification attached. Such papers will not be considered by the Court in the absence of proper verification.
DocumentProbate Papers Required To Be Verified
Notices must be prepared and submitted at the time of filing the petition.
DocumentPetition Notice
A petition and order to place assets in a blocked account shall state that “no withdrawal or withdrawals shall be made without prior court order.”
DocumentBlocked Account Petition And Order
Within ten days after deposit, a financial-institution-acknowledged receipt confirming the deposit and withdrawal restriction must be filed with the clerk.
A receipt acknowledged by the financial institution indicating that (1) the cash and/or securities have been deposited in a blocked account and (2) the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order must be filed with the clerk’s office within ten (10) days after the date of deposit.
DocumentBlocked Account Receipt
All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based.
DocumentProbate Order
If a will that is the subject of a petition for probate is in a foreign language, a translation by an expert shall be submitted at the time of filing the petition for probate.
DocumentPetition For Probate
If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.
DocumentExecutor Declination
In a petition for probate of a will, all persons and organizations named in the will or codicil(s) shall be listed in attachment 8 and noticed.
DocumentPetition For Probate
Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative.
DocumentPetition For Appointment Of Personal Representative
The trustee(s) of a living trust who is/are a beneficiary of a will shall be listed as a devisee and noticed.
DocumentPetition For Probate
A declaration specifying efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required, pursuant to California Rules of Court, rule 7.52.
DocumentPetition For Probate
When a petition for probate of a will or codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the filing of the petition.
DocumentPetition For Probate
If a named devisee predeceased the decedent, that fact must be stated.
DocumentPetition For Probate
A declaration as to the expertise and accuracy of the translator shall accompany the translation.
DocumentWill Translation
The petitioner must prepare a citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and the letters of appointment revoked.
DocumentCitation For Removal
After a petition for removal has been filed, the petitioner shall present to the Court an order directing the clerk to issue a citation.
DocumentPetition For Removal
a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required.
DocumentSale Confirmation Hearing
The disposition of all such claims must be reported to the Court on the Judicial Council form DE-174 (Allowance or Rejection of Creditor’s Claim) prior to any distribution.
DocumentCreditor Claim Disposition Report
a. The caption of the form shall state the date of the Inventory and Appraisal form that is being corrected. The filing date of the earlier form shall appear next to the “Corrected” checkbox in the caption.
DocumentCorrected Inventory And Appraisal Form
c. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.
DocumentPetition For Confirmation Of Sale
A corrected Inventory and Appraisal form must include all properly included assets from the earlier form and their correct values as of the proper valuation date.
b. Because the corrected Inventory and Appraisal form supersedes the form it corrects, the corrected form shall include all assets from the earlier form to the extent they are properly part of the estate, as well as correct values for each of those assets as of the proper valuation date.
DocumentCorrected Inventory And Appraisal Form
b. A copy of the contract of sale shall be attached to the petition for confirmation of sale.
DocumentPetition For Confirmation Of Sale
When the decedent has no known heirs or has heirs of a predeceased spouse, a declaration must state its basis and the efforts made to locate heirs.
e. If the decedent has no known heirs or has heirs of a predeceased spouse pursuant to Probate Code section 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.
DocumentDeclaration
d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing.
DocumentPetition For Confirmation Of Sale
d. If there was no family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period, the petition or report shall so state.
DocumentAccounting Petition Or Report
The accounting petition or report must state if there are no unusual items or adequately explain any unusual items with references to relevant supporting materials.
b. If there are no unusual items appearing in the account, the petition or report shall so state. If there are any unusual items, an adequate explanation shall be provided, along with references to any relevant schedules, attachments, and/or other documents in the court record.
DocumentAccounting Petition Or Report
c. If no compensation was paid as set forth at section 1064, subdivision (a)(3), the petition or report shall so state.
DocumentAccounting Petition Or Report
A petitioner requesting courthouse posting must file a written request directed to the clerk’s office and attach a copy of the notice to be posted.
e. To request posting of the notice of hearing at the courthouse pursuant to Probate Code section 10308, subdivision (c) and section 1230, the petitioner shall file a written request, directed to the clerk’s office, for posting of the notice and shall attach to the request a copy of the notice to be posted.
DocumentCourthouse Posting Request
If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.
DocumentPetition For Confirmation Of Sale
A petition or report accompanying an accounting filed pursuant to Probate Code section 1060 et seq. shall affirmatively address each of the issues covered by subdivision (a) of Probate Code section 1064, including as follows:
DocumentAccounting Petition Or Report
The accounting petition or report must state when relevant transactions did not occur or, if transactions are not readily understandable from the schedules, adequately describe them and refer to the applicable schedules, attachments, or court-record documents.
a. If there were no sales, purchases, changes in the form of assets, or other transactions during the accounting period that are not otherwise readily understandable from the schedules, the petition or report shall so state. If there were any sales, purchases, changes in the form of assets, or other transactions that are not readily understandable from the schedules, an adequate description shall be provided, along with references to any applicable schedule(s), attachments, and/or other documents in the court record.
DocumentAccounting Petition Or Report
f. Overbids: All overbids made in open court must be in writing before the judge will accept the offer and grant the sale.
DocumentOverbid
The petition shall set forth the requested instructions and the reasons the instructions are necessary, or it shall set forth alternatives and the anticipated results of taking action under each listed alternative.
DocumentPetition For Instructions
Upon posting the notice, the clerk’s office will prepare and file proof of posting, which proof will include the date the posting began.
DocumentProof Of Posting
Filing & Service rules
Filing Timing and Cure Windows
An applicant seeking ex parte relief must file moving papers before the hearing.
The applicant must file his or her moving papers in advance of the hearing.
Page 14 | 1.13.0 Ex Parte Applications
Each party must file and serve a completed case management statement using the mandatory Judicial Council form no later than 15 calendar days before the scheduled CMC.
a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.
Page 16 | 2.04.0 Case Management Conference
A written response to an order to show cause must be filed at least 10 court days before the hearing.
Written response to order to show cause must be filed no later than ten (10) court days in advance of the hearing on the order to show cause.
Page 17 | Procedures
An opposition to a conference request must be filed within three calendar days after receipt of the request.
The opposition to a Request must be made using local form TUO-CV-300, must be filed within three (3) calendar days of receipt of the Request
Page 17 | 2.04.1 Resolution of Discovery Disputes
The deadline to make a motion to compel or other discovery motion on the disputed issues is tolled from filing the conference request until it is denied or deemed denied, unless the Court extends the tolling period by order.
The time for making a motion to compel or other discovery motion regarding the disputed issues is tolled from the date of filing of the Request until the Request is denied or deemed denied, unless extended by order of the Court.
Page 18 | 2.04.1 Resolution of Discovery Disputes
Trial briefs must be submitted no later than one court day before trial, unless the Court orders an earlier submission.
Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date.
Page 20 | 2.10.0 Trial Briefs in Civil Cases
The first-day jury fee deposit in civil cases other than unlawful detainer actions must be received no later than 25 days before trial.
b. Jury Deposit: In civil cases, other than unlawful detainer actions, the first days jury fee deposit of $150 must be received by the clerk’s office no later than twenty-five (25) days prior to trial.
Page 21 | b. Jury Deposit
The first-day jury fee deposit in unlawful detainer actions must be received no later than 5 days before trial.
In unlawful detainer actions, the first day’s jury fee deposit of $150 must be received by the clerk’s office no later than five (5) days prior to trial.
Page 21 | b. Jury Deposit
Opposition papers to a calendared motion must be filed with the clerk by 3:00 p.m. at least nine court days before the hearing, excluding the hearing day.
The responsive papers in opposition to a calendared motion must be filed with the clerk by 3:00 p.m., no later than nine (9) court days prior to the date of hearing (not counting the day of the hearing).
Page 23 | 3.01.0 Motions: In General and Setting Hearings
The moving party must file reply papers at least five court days before the hearing, excluding the hearing day.
Any reply papers to the opposition must be filed by the moving party no later than five (5) court days prior to the designated hearing date (not counting the day of the hearing).
Page 23 | 3.01.0 Motions: In General and Setting Hearings
Unless the Court orders otherwise, opposition papers on a motion proceeding under an order shortening time must be served and filed by noon two court days before the hearing.
Unless otherwise ordered, if a motion is filed pursuant to an order shortening time, all papers opposing the motion shall be served and filed by noon two (2) court days before the time appointed for the hearing.
Page 24 | 3.04.0 Orders Shortening Time
The declarations must be filed with the court no later than 15 calendar days before trial.
Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.
Page 29 | 4.07.0 Family Law Trial Requirements
The parties must file and serve the required trial brief no later than 5 calendar days before trial.
No later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter.
Page 29 | 4.07.0 Family Law Trial Requirements
Telephone-appearance requests under rule 5.9 must be filed no later than seven court days before the hearing, conference, or proceeding, except that child-support actions involving a local child support agency are governed by California Rules of Court, rule 5.324.
Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases; filed no later than seven (7) court days prior to the hearing, conference, or proceeding at which telephone appearance is requested;
Page 31 | 4.12.0 Telephone Appearances
A response to a telephone-appearance request must be filed no later than three court days before the hearing, conference, or proceeding.
Any response to a request for telephone appearance shall be filed and served on the requestor and all other parties no later than three (3) court days prior to the hearing, conference, or proceeding.
Page 31 | 4.12.0 Telephone Appearances
Petitions to compromise a minor’s claim under the specified statutes must be filed at least seven days before the hearing.
Petitions for compromise of a minor’s claim under Probate Code section 3500 and Code of Civil Procedure section 372 shall be filed with the Court at least seven (7) days prior to the hearing.
Page 32 | 5.04.0 Time for Filing Petitions
Matters filed under Probate Code section 17200 et seq. must be filed at least 30 calendar days before the hearing.
Matters filed under Probate Code section 17200 et seq. shall be filed at least thirty (30) calendar days prior to the hearing.
Page 32 | 5.04.0 Time for Filing Petitions
Probate petitions generally must be filed at least 15 calendar days before the hearing, subject to the stated exceptions.
All petitions must be filed with the clerk’s office at least fifteen (15) calendar days prior to the hearing, except as follows:
Page 32 | 5.04.0 Time for Filing Petitions
The acknowledged blocked-account receipt must be filed with the clerk within ten days after the deposit.
A receipt acknowledged by the financial institution indicating that (1) the cash and/or securities have been deposited in a blocked account and (2) the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order must be filed with the clerk’s office within ten (10) days after the date of deposit.
Page 33 | 5.07.0 Blocked Accounts
Counsel must submit proposed orders by the third court day before the hearing, except for confirmation of sales, contested matters, and orders requiring governmental-agency information.
Except in the case of confirmation of sales, contested matters, and orders requiring information from a governmental agency, counsel shall submit the order no later than the third (3rd) court day prior to the hearing date.
Page 33 | 5.06.0 Orders
The original will or codicil must be lodged with the Court before or concurrently with filing the probate petition.
When a petition for probate of a will or codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the filing of the petition.
Page 34 | 5.12.0 Lodging Original Will or Codicil
A signed declination must be filed before the hearing date if a nominated executor declines to act.
If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.
Page 34 | 5.09.0 Declination of Executor
A courthouse-posting request must be filed at least two court days before posting must begin.
The request shall be filed at least two court days prior to the date on which the posting must begin in order to allow the clerk’s office sufficient time to process the request and post the notice.
Page 36 | 5.16.0
To qualify for recommended-for-approval status, all supporting documents and a proposed order must be submitted to the clerk at least 10 court days before the calendared hearing.
To qualify for recommended-for-approval status, all supporting documents and a proposed order must be submitted to the clerk’s office at least ten (10) court days before the calendared hearing.
Page 40 | 5.24.0 Probate Note Procedures
A noticed motion and proof of service to the district attorney must be filed at least 10 calendar days before the hearing.
In order to set the matter for hearing, a noticed motion with proof of service to the district attorney must be filed at least ten (10) calendar days before the date set for hearing.
Page 48 | 7.03.0 Bail-Real Property Bonds
The Court must be promptly advised of proposed settlements, admissions, or submissions of the entire hearing on reports.
The Court shall be promptly advised of any proposed settlements, admissions, or submissions of the entire hearing on reports.
Page 51 | 8.03.0 Settlements
If the Court orders a complaint hearing, it must be held as soon as practical.
If ordered, the hearing shall be held as soon as is practical.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
The Court must review a complaint within ten days of receipt.
The Court shall review any complaint within ten (10) days of receipt
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
For civil trials, the request must be filed no later than 10 court days before trial begins.
For civil trials, the request shall be filed no later than 10 court days prior to the commencement of trial.
Page 13
An order-to-show-cause hearing should be held approximately 30 days after issuance to allow time for mailing.
A hearing on an order to show cause for violation of these rules shall be held by the assigned judge approximately thirty (30) days after issuance of the order to show cause to allow time for mailing.
Page 17 | Procedures
Unless otherwise noted, days mean calendar days, and an act due on a weekend or court holiday is due the next court day.
References to “days” mean calendar days, unless otherwise noted. If the date for for performing any act falls on a Saturday, Sunday, or court holiday, then the time for performing that act shall be extended to the next court day.
Page 18 | 2.04.1 Resolution of Discovery Disputes
If opposition papers are late, the Court may treat objections as waived and the motion as meritorious, and may grant the motion.
If opposition papers are not timely filed, the Court, in its discretion, may deem it a waiver of any objections and treat it as an admission that the motion or other application is meritorious. The Court, in its discretion, may grant the motion.
Page 23 | 3.01.0 Motions: In General and Setting Hearings
The opposition and reply deadlines do not apply to requests to shorten time or ex parte applications and do not alter the statutory timing requirements for summary judgment and adjudication.
These requirements do not apply to requests for orders shortening time or ex parte applications, and they do not affect the timing requirements of the summary judgment and adjudication statute, Code of Civil Procedure section 437c.
Page 23 | 3.01.0 Motions: In General and Setting Hearings
Late opposition generally will not prevent the matter from being heard on the timely filed papers, unless the Court finds good cause to continue it.
Because the Court reviews calendared matters beforehand, if opposition papers arrive late, the matter will be heard and decided on the bases set forth in the papers timely filed, unless the Court, in its discretion and for good cause shown, decides to continue the matter.
Page 24 | 3.03.0 Timely Filing of Papers
If the hearing notice is shortened to two days or less, opposition papers may be presented in court on the hearing day.
If the notice of the hearing has been shortened to two (2) days or less, papers opposing the motion may be presented in court on the day of the hearing.
Page 24 | 3.04.0 Orders Shortening Time
The clerk assigns a new probate case number when the initiating document is filed, and case numbers cannot be reserved in advance.
The clerk’s office will assign a case number to a new probate case at the time the document initiating the case is filed. New case numbers may not be reserved in advance.
Page 32 | 5.01.5 Probate Case Numbers
During a juvenile dependency proceeding, the minor’s counsel or any interested person may notify the Court as soon as reasonably possible about a minor’s interest or right that may need protection or pursuit in another forum.
At any time during a juvenile dependency proceeding, counsel for the minor or any interested person may notify the Court that the minor may have an interest or right that needs to be protected or pursued in another judicial or administrative forum as soon as it is reasonably possible for counsel to do so.
Page 52 | 8.07.0 Procedures for Informing the Court of Other Forum Interest of a Dependent Child
A defendant who received a written infraction notice may plead not guilty in writing before the required appearance time instead of appearing in person.
Any defendant who has received a written notice to appear for an infraction may, prior to the time at which he or she is required to appear, plead not guilty in writing in lieu of appearing in person.
Page 56 | 11.01.0 Written Not-Guilty Plea
Service and Proof of Service Rules
To appear for oral argument, notify opposing counsel by 4:00 p.m. on the court day before the hearing.
If you wish to appear for oral argument, pursuant to California Rules of Court, rule 3.1308, you must so notify the court and opposing counsel by 4:00 p.m., the court day before the hearing.
Page 1 | Tentative Rulings and Case Notes
Cross-complainants must serve cross-defendants with the initial delay-reduction setting document and notice of any other pending CMC date.
b. Cross-complainants shall serve all cross-defendants with a copy of the initial “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” document and shall serve notice of any other pending CMC date.
Page 16 | 2.02.0 Delay Reduction Program Information and Setting
The plaintiff must file proof of service of the summons and complaint for all named defendants within 60 days after filing the complaint.
2.03.5 Service of Summons and Complaint: Within sixty (60) days of filing the complaint, the plaintiff shall file proof of service of the summons and complaint as to all named defendants.
Page 16 | 2.03.5 Service of Summons and Complaint
Each party must serve all other parties with a completed case management statement using the mandatory Judicial Council form no later than 15 calendar days before the scheduled CMC.
a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.
Page 16 | 2.04.0 Case Management Conference
The conference requester must serve the opposing party by an authorized or agreed-upon method so the party receives the request no later than the next court day after filing.
The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-275 and serve the opposing party pursuant to any authorized or agreed-upon method of service that ensures the opposing party receives the Request no later than the next court day following the filing.
Page 17 | 2.04.1 Resolution of Discovery Disputes
The opposition must be served on the conference requester by an authorized or agreed-upon method so it is received no later than the next court day after filing.
The opposition to a Request must be made using local form TUO-CV-300, must be filed within three (3) calendar days of receipt of the Request, and must be served on the party that requested the Informal Discovery Conference pursuant to any authorized or agreed-upon method of service that ensures the party receives the opposition no later than the next court day following the filing.
Page 17 | 2.04.1 Resolution of Discovery Disputes
Trial briefs must be provided to opposing counsel no later than one court day before trial, unless the Court orders an earlier submission.
Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date.
Page 20 | 2.10.0 Trial Briefs in Civil Cases
In unlawful detainer cases, the plaintiff must file proof of service of the summons and complaint within 60 days after filing the complaint; failure triggers an order to show cause and may result in dismissal without prejudice.
2.14.0 Unlawful Detainer Proceedings: If the plaintiff fails to file proof of service of the summons and complaint within sixty (60) days of the complaint’s filing, an order to show cause shall issue to the plaintiff and, if applicable, the plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to file proof of timely service of the summons and complaint, and the Court may dismiss the unlawful detainer action without prejudice.
Page 21 | 2.14.0 Unlawful Detainer Proceedings
A moving party seeking to drop a noticed motion from the calendar must file a declaration or request and serve it on all parties.
If a moving party wishes to drop a noticed motion from calendar, it shall do so by filing a declaration or request to that effect and serving a copy on all parties.
Page 23 | 3.02.1 Request that Matter Be Dropped from Calendar
A substitution document must be served on all parties.
A document that substitutes one attorney for another or substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and shall be served on all parties.
Page 25 | 3.08.0 Substitution of Counsel
Copies of an evaluator’s petition to withdraw from a case must be served on all parties.
Any such petition shall be filed with the Court, and copies shall be served on all parties.
Page 28 | 4.04.1 Court-Ordered Child Custody Evaluations
The parties must serve the required trial brief on the other party no later than 5 calendar days before trial.
No later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter.
Page 29 | 4.07.0 Family Law Trial Requirements
Each party must serve the declarations on the other party no later than 15 calendar days before trial.
Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.
Page 29 | 4.07.0 Family Law Trial Requirements
A response to a telephone-appearance request must be served on the requestor and all other parties no later than three court days before the hearing, conference, or proceeding.
Any response to a request for telephone appearance shall be filed and served on the requestor and all other parties no later than three (3) court days prior to the hearing, conference, or proceeding.
Page 31 | 4.12.0 Telephone Appearances
A telephone-appearance request must be served on all other parties by means calculated to ensure delivery by close of business on the next court day after filing.
Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases; filed no later than seven (7) court days prior to the hearing, conference, or proceeding at which telephone appearance is requested; and served on all other parties by means calculated to ensure delivery by the close of business on the next court day after the request was filed.
Page 31 | 4.12.0 Telephone Appearances
If mailing was correct but publication was defective, the matter must be taken off calendar and new notice must be given by publication and mailing.
The matter must be taken off calendar and new notice must be given by both publication and mailing.
Page 33 | 5.05.0 Mailing and Publication of Notices
If a devisee died after the decedent, the petition must state the devisee’s death date and notice must be mailed to the personal representative, if appointed, or otherwise to an appropriate representative.
In cases where the devisee died after the decedent, the date of death must be stated and notice mailed in care of his or her personal representative if one has been appointed or, alternatively, to an appropriate representative.
Page 34 | 5.13.0 Notices
Creditors must file their claims with the clerk’s office and mail a copy to the personal representative.
5.15.0 Creditor’s Claims: Creditors shall file their claims with the clerk’s office and mail a copy to the personal representative.
Page 35 | 5.15.0
A successor personal representative petition does not require a notice of petition to administer estate; notice must follow Probate Code section 8100 et seq., but publication is not required.
f. A petition for an appointment of a successor personal representative does not require a notice of petition to administer estate. Notice shall be given in the manner provided in Probate Code section 8100 et seq. Publication is not required.
Page 35 | 5.13.0
Notice to a known minor must be addressed individually and mailed to the minor’s residence, with a copy sent to the minor’s parent or guardian.
g. Notice to a minor whose name and address are known to the petitioner shall be addressed individually to the minor and mailed to the minor’s residence. A copy of the notice shall be sent to the minor’s parent(s) or guardian(s).
Page 35 | 5.13.0
The proposed purchaser or the purchaser’s agent must receive notice of the hearing’s time and place, and appearance is required.
a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required.
Page 35 | 5.16.0
Other fractional owners must receive notice of the hearing when the estate owns only a fractional interest in the property.
d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing.
Page 35 | 5.16.0
All interested parties must receive notice of a petition for instructions.
All interested parties shall be noticed.
Page 36 | 5.17.0
Conservatorship and guardianship appointment petitions require an investigation unless excused or waived, and at least 25 calendar days’ notice is required to complete it.
On all petitions for appointment of a conservator or guardian, an investigation shall be conducted pursuant to Probate Code section 1826 or 1513 unless the investigation is excused or waived. Notice of at least twenty-five (25) calendar days is required in order for the court investigation to be completed.
Page 42 | 6.02.0 Investigations
A temporary conservator or guardian may be appointed without notice only in an emergency, and may not be appointed without a hearing.
A temporary conservator or guardian shall not be appointed without a hearing and may be appointed without notice only in emergency situations.
Page 42 | 6.01.0 Temporary Conservatorships and Guardianships
When the petitioner knows the permanent-conservator petition will be contested, all known potential objectors must receive at least 24 hours’ notice of when and where the temporary-conservator petition will be presented.
If the petitioner is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors must be given at least twenty-four (24) hours’ notice of the time and place the petition for appointment of the temporary conservator will be presented.
Page 42 | 6.01.0 Temporary Conservatorships and Guardianships
Notice must be given to the representative of a deceased conservatee or ward and, if that representative is the conservator or guardian or no representative exists, to the deceased person’s heirs or devisees.
Notice also must be given to the representative of a deceased conservatee or ward. If the representative of the estate is the same person as the conservator or guardian or if there is no such representative, notice also must be given to the heirs or devisees of the deceased conservatee or ward.
Page 46 | 6.17.0 Termination of Conservatorship or Guardianship
A former conservatee or ward must receive notice when the final account is settled.
Notice must be given to a former conservatee or ward on the settlement of the final account.
Page 46 | 6.17.0 Termination of Conservatorship or Guardianship
A motion to set the matter for hearing must include proof of service to the district attorney.
In order to set the matter for hearing, a noticed motion with proof of service to the district attorney must be filed at least ten (10) calendar days before the date set for hearing.
Page 48 | 7.03.0 Bail-Real Property Bonds
Oral testimony at sentencing or law and motion hearings is prohibited unless the offering party gives the Court and opposing party two court days' notice.
Notwithstanding any other provisions of law, no oral testimony shall be allowed at sentencing hearings or at law and motion hearings unless the party offering the oral testimony notices the Court and the opposing party two (2) court days prior to the hearing.
Page 49 | 7.06.0 Oral Testimony at Sentencing and Law and Motion Hearings
Responsive papers must be served two court days before the hearing.
Any responsive papers shall be served two (2) court days prior to the hearing.
Page 51 | 8.02.0 Prehearing Discovery
Prehearing discovery must be reciprocal and conducted informally under California Rules of Court, rule 5.546.
Prehearing discovery shall be reciprocal and shall be conducted on an informal basis, pursuant to California Rules of Court, rule 5.546.
Page 51 | 8.02.0 Prehearing Discovery
For contested hearings, parties must exchange witness lists at least five days before the hearing unless the witnesses are listed in the CWS social study report.
In the case of contested hearings, the parties shall exchange lists of all witnesses to be called, if not included in the social study report prepared by Child Welfare Services (CWS), at least five (5) days prior to the hearing.
Page 51 | 8.02.0 Prehearing Discovery
Expert names and reports not included in the CWS social study report must be provided to all parties at least five calendar days before the hearing.
The names of any experts to be called by any party and copies of any reports, if not part of the social study report prepared by CWS, shall be provided to all parties at least five (5) calendar days prior to the hearing.
Page 51 | 8.02.0 Prehearing Discovery
All relevant, nonprivileged material must be disclosed to all parties in a timely fashion.
Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties to the litigation.
Page 51 | 8.02.0 Prehearing Discovery
A discovery motion must be served on all parties at least five court days before the hearing.
The motion shall be served upon all parties at least five (5) court days prior to the hearing.
Page 51 | 8.02.0 Prehearing Discovery
The complainant and counsel must each receive at least five days’ notice of the hearing.
The complainant and counsel shall each be given at least five (5) days’ notice of the hearing.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
Counsel must be provided with a copy of the complaint.
Counsel shall be provided with a copy of the complaint.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
Petitioners must submit all moving papers, fees, and other required information to the investigating agencies.
However, petitioners are responsible for submitting all moving papers, fees, and other required information to the investigating agency or agencies.
Page 53 | 9.01.0 General
For an independent adoption, the petitioner must forward a file-stamped copy of the petition to the appropriate State Department of Social Services district office within 30 days of filing.
9.03.0 Independent Adoptions: Within thirty (30) days of filing, the petitioner shall forward a file-stamped copy of the adoption petition to the appropriate district office of the State Department of Social Services.
Page 53 | 9.03.0 Independent Adoptions
If the petitioner has not elected an investigator under Family Code section 9001(b), the petitioner must send the designated agency a file-stamped petition and required documentation within 30 days of filing and pay the agency fee within one year.
a. If the petitioner has not elected an investigator pursuant to Family Code section 9001, subdivision (b), the petitioner shall, within thirty (30) days of filing, forward a file-stamped copy of the petition to the agency designated by the County of Tuolumne to perform stepparent adoption investigations. The petitioner also shall forward to the agency all documentation required by the agency and shall pay the agency fee within one (1) year of filing the petition.
Page 53 | 9.05.0 Stepparent Adoptions
For an agency adoption, the petitioner must forward a file-stamped copy of the petition to the placing adoption agency within 30 days of filing.
9.04.0 Agency Adoptions: Within thirty (30) days of filing, the petitioner shall forward a file-stamped copy of the adoption petition to the adoption agency that placed the child in the petitioner’s custody.
Page 53 | 9.04.0 Agency Adoptions
At filing, the clerk appends a document stating the first CMC’s date, time, and place; the CMC is set approximately 120 days after filing, and the filing party must serve notice on all other parties.
a. At the time a case is filed, the clerk shall append to the initial pleading a document entitled “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” which states the date, time, and place of the first case management conference (CMC). The first CMC shall be set approximately 120 days from the date the initial pleading is filed. It is the responsibility of the filing party to serve all other parties with notice of the CMC.
Page 16 | 2.02.0 Delay Reduction Program Information and Setting
If publication was correct but mailing was defective, the hearing normally is continued to allow mailing of amended notice, without requiring republication.
The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required.
Page 33 | 5.05.0 Mailing and Publication of Notices
Special-administration petitions ordinarily require at least 24 hours’ notice to the surviving spouse, the nominated executor, and any other person the Court identifies as entitled to notice.
Petitions for letters of special administration ordinarily will not be granted on fewer than 24 hours’ notice to the surviving spouse, the person nominated as executor, and any other person the Court determines to be entitled to notice.
Page 34 | 5.08.0 Letters of Special Administration
Upon filing an adoption petition or related matter, the clerk will send notice of pendency to the appropriate investigating agencies.
Upon the filing of any adoption petition or adoption-related matter (including a petition for termination of parental rights and freedom from parental custody and control), the clerk of the Court will send notice of pendency of the action to the appropriate investigating agencies.
Page 53 | 9.01.0 General
Filing Fees and Waivers
A mailed request for copies must include the appropriate fee and a self-addressed stamped envelope or it will not be processed.
b. All requests for copies of documents submitted by mail must be accompanied by the appropriate fee and a self-addressed stamped envelope. When the fee and envelope are not provided, the request will not be processed.
Page 11 | 1.04.0 Copies
The plaintiff is responsible for the jury deposit unless the plaintiff waives a jury, in which case another party who demands a jury is responsible; failure to timely deposit jury fees waives a jury trial.
If no waiver is made, plaintiff shall be responsible for the jury deposit. If plaintiff waives a jury, any other party may demand a jury and be responsible for the jury deposit consistent with the procedures for jury trial set forth in Code of Civil Procedure section 631, subdivision (b). Also, consistent with Code of Civil Procedure section 631, subdivision (f)(5), failure to timely deposit jury fees constitutes a waiver of a jury trial, and no jury will be impaneled.
Page 20 | 2.07.0 Demand for Jury Trial
In civil cases other than unlawful detainer actions, the $150 first-day jury fee deposit must be received by the clerk at least 25 days before trial.
b. Jury Deposit: In civil cases, other than unlawful detainer actions, the first days jury fee deposit of $150 must be received by the clerk’s office no later than twenty-five (25) days prior to trial.
Page 21 | b. Jury Deposit
In unlawful detainer actions, the $150 first-day jury fee deposit must be received by the clerk at least 5 days before trial.
In unlawful detainer actions, the first day’s jury fee deposit of $150 must be received by the clerk’s office no later than five (5) days prior to trial.
Page 21 | b. Jury Deposit
The Court conforms copies of an original document at no charge; copies returned by mail require a self-addressed stamped envelope.
a. When an original document is filed, the Court will conform copies at no charge. If conformed copies are to be returned by mail, a self-addressed stamped envelope must be submitted.
Page 11 | 1.04.0 Copies
Re-issuing a request for order without a temporary emergency court order incurs the same filing fee as the original request.
The filing fee for the re-issuance of a request for order that does not include a temporary emergency court order is the same as the filing fee for the original request for order.
Page 30 | 4.11.0 Re-issuance of Request for Order
No filing fee is required to re-issue a request for order that includes a temporary emergency court order.
No filing fee is required for re-issuance of a request for order that includes a temporary emergency court order.
Page 30 | 4.11.0 Re-issuance of Request for Order
A litigant with a fee waiver is entitled to one copy of any document in the case where the waiver was filed.
c. Litigants with a fee waiver are entitled to one copy of any documents in the case wherein the fee waiver is filed.
Page 11 | 1.04.0 Copies
For a civil matter, the Court provides an official reporter and waives the reporter-service fee when the requesting party has a fee waiver under Government Code section 68631.
If the requesting party has been granted a fee waiver under Government Code section 68631, the Court will provide the services of an official court reporter, and the fee for such services will be waived. (Gov. Code, § 68086, subd. (b); Jameson v. Desta (2018) 5 Cal.5th 594.)
Page 12 | 1.07.0 Court Reporters, b. Court Reporter Services in Civil Matters
Courtesy Copy Requirements
Each party must submit two copies of proposed jury instructions, witness lists, and proposed voir dire questions to the trial judge at least one court day before trial.
2.13.0 Jury Instructions, Witness Lists, and Requested Voir Dire: Not less than one (1) court day before trial, two copies of proposed jury instructions, witness lists and proposed voir dire questions shall be submitted to the trial judge by each party.
Page 21 | 2.13.0 Jury Instructions, Witness Lists, and Requested Voir Dire
Sealing & Redaction Procedures
Parties filing documents in civil actions must exclude or redact Social Security numbers and financial account numbers as provided by California Rules of Court, rule 1.201.
a. When filing any documents with the Court in a civil action, parties shall exclude or redact Social Security numbers and financial account numbers as set forth at California Rules of Court, rule 1.201.
Page 22 | 2.16.0 Confidential Information in Civil Filings
A party seeking to file unredacted Social Security or financial account numbers may request permission by motion or ex parte application, and may file the document only upon court order.
b. A party wishing to file a document containing unredacted Social Security or financial account number(s) may submit a motion or ex parte application to file an unredacted document under seal. Such documents may be filed with the Court only upon order of the Court.
Page 22 | 2.16.0 Confidential Information in Civil Filings
Unless confidentiality is clearly required, court files are public; clerks may not redact confidential information without a court order, and parties and counsel are responsible for redacting such information before filing.
d. Unless clearly required to be confidential, court files are public records and are open to inspection by any member of the public. Court clerks are not authorized to redact any such confidential information absent court order. It is the responsibility of the parties and their counsel to redact any such information from any document presented for filing.
Page 22 | 2.16.0 Confidential Information in Civil Filings
Each complaint must be lodged separately in the juvenile court file in a sealed envelope.
Any complaint shall be lodged separately in the juvenile court file in a sealed envelope.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
The complaint hearing must be closed to the public and to the parties in the juvenile court proceeding.
The hearing shall not be open to the public or the parties to the juvenile court proceeding.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
Complaints, written responses, written determinations, and review-hearing comments or findings are subject to the confidentiality requirements of Welfare and Institutions Code section 827.
Any complaints, written responses to the complaints or written notification of the Court’s determination, and any comments or findings pursuant to a review hearing, as set forth in this rule, shall be subject to the confidentiality requirements established under Welfare & Institutions Code section 827.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
Original account statements and records filed with guardians’ and conservators’ accountings under Probate Code section 2620(c) are exempt from this local rule and must be filed or lodged as specified in section 2620(c)(7).
c. Original account statements and records filed with accountings of guardians and conservators pursuant to Probate Code section 2620, subdivision (c) shall be exempt from this local rule and shall be filed or lodged as set forth at section 2620, subdivision (c)(7).
Page 22 | 2.16.0 Confidential Information in Civil Filings
Filing Bundling Requirements
When practicable, multiple motions in the same case should be filed and heard together.
To the extent practicable, multiple motions relating to the same case should be filed and heard at the same time.
Page 50 | 7.08.0 Motions
The Court encourages the parties to discuss settlement at any time before the hearing.
The Court encourages settlement discussion among the parties at any time prior to the hearing.
Page 51 | 8.03.0 Settlements
Pre-Motion Conference Requirements
Before the discovery cutoff, a motion under the California Civil Discovery Act may not be filed or heard until the moving party files a written request for an informal discovery conference and the Court acts or is deemed to have acted on it.
Prior to the discovery cut-off in an action, no motion under the California Civil Discovery Act (Code Civ. Proc., § 2016.010 et seq.) shall be filed or heard unless the moving party has first filed a written Request for Informal Discovery Conference (“Request”) and the Court has acted or is deemed to have acted on that Request in any manner set forth in subdivision (f) below.
Page 17 | 2.04.1 Resolution of Discovery Disputes
A party may request an informal discovery conference after a reasonable, good-faith attempt to resolve each issue; that effort should include written communication and either in-person or telephone communication.
Following a reasonable and good-faith attempt to achieve an informal resolution of each issue to be presented (which should include both written and either in-person or telephone communication), a party may request an Informal Discovery Conference.
Page 17 | 2.04.1 Resolution of Discovery Disputes
A party may file a discovery motion on unresolved issues after the request is denied, a stated deadline expires without Court action, or the conference ends without resolution.
If (1) the Court has denied the Request, (2) one of the deadlines above has expired without the Court’s having acted, or (3) the Informal Discovery Conference is concluded without resolving the dispute, then a party may file a discovery motion to address unresolved issues.
Page 18 | 2.04.1 Resolution of Discovery Disputes
If the conference is not held within 30 calendar days after the request is granted, the request is deemed denied unless the parties and the Court agree to extend the time.
If the Informal Discovery Conference is not held within thirty (30) calendar days of the granting of the Request, then the Request shall be deemed to have been denied at that time, unless the time for holding it has been extended by agreement of the parties and the Court.
Page 18 | 2.04.1 Resolution of Discovery Disputes
If the Court has not granted or denied a conference request within 10 calendar days after filing, the request is deemed denied.
If the Court has not granted or denied the Request within ten (10) calendar days following the filing of the Request, then it shall be deemed to have been denied at that time.
Page 18 | 2.04.1 Resolution of Discovery Disputes
A party may petition the Court for discovery only after exhausting all informal means.
Only after all informal means have been exhausted may a party petition the Court for discovery.
Page 51 | 8.02.0 Prehearing Discovery
If a complaint presents a prima facie case of counsel’s incompetence or rule violation, the Court must request an informal response or conduct a hearing.
If the Court determines that the complaint presents a prima facie case that counsel may have failed to act competently or has violated the applicable laws or rules, the Court shall either request an informal response from counsel or conduct a hearing in order to make a determination on the issue.
Page 52 | 8.06.0 Procedures for Reviewing and Resolving Complaints
A granted informal discovery conference request will be calendared for a conference within 30 calendar days after the request is granted.
The Informal Discovery Conference will be calendared to be held within thirty (30) calendar days of the granting of the Request.
Page 18 | 2.04.1 Resolution of Discovery Disputes
A party may apply ex parte for appropriate relief, including an order shortening time for a discovery motion.
Nothing herein shall preclude any party from applying ex parte for appropriate relief, including an order shortening time for a motion to be heard concerning discovery.
Page 18 | 2.04.1 Resolution of Discovery Disputes
Adjournment & Extension Requirements
A continuance in a Delay Reduction Case requires a noticed motion supported by a declaration showing necessity, unless the Court waives the noticed-motion requirement.
Continuances of trials in Delay Reduction Cases shall occur only upon noticed motions, supported by a declaration demonstrating the necessity for the continuance, unless the requirement of a noticed motion is waived by the Court.
Page 14 | 1.11.0 Continuances
When a continuance motion is made on the scheduled trial or hearing date under extraordinary circumstances, it must be made in person before the judge in the department where the trial was set.
In that event, all such motions shall be made in person before the judge in the department where the trial has been set.
Page 14 | 1.11.0 Continuances
A motion to continue must be filed in a Delay Reduction Case.
A motion to continue shall be filed in Delay Reduction Cases.
Page 14 | 1.11.0 Continuances
A motion to continue a trial or specially set hearing will not be entertained on the scheduled date absent the most extraordinary circumstances.
Motions for continuance of a trial or specially set hearing will not be entertained on the date set for trial or hearing except under the most extraordinary circumstances.
Page 14 | 1.11.0 Continuances
Continuance requests or motions are discouraged and will be granted only on a showing of good cause.
Requests and/or motions for continuance of a trial are discouraged and will be granted only upon good cause shown.
Page 14 | 1.11.0 Continuances
Stipulated continuance requests for jury, bench, and short-cause trials outside Delay Reduction Cases must be made in writing to the Court.
Requests for stipulated continuances of jury trials, bench trials, and short-cause trials, other than in Delay Reduction Cases, shall be made in writing to the Court.
Page 14 | 1.11.0 Continuances
Requests to continue criminal trials must comply with Penal Code section 1050.
Requests for continuances of criminal trials shall comply with the requirements set forth in Penal Code section 1050.
Page 14 | 1.11.0 Continuances
A party seeking to change a hearing date must file a written application showing good cause and a proposed order at least five court days before the hearing.
Any party seeking a change of hearing date set under this section must file a written application showing good cause for the change, together with a proposed order, no later than five (5) court days in advance of the hearing.
Page 17 | Procedures
Only one continuance per side will be granted; afterward, the Court may drop the matter from the calendar if it does not proceed.
Only one (1) continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from calendar at the discretion of the Court.
Page 23 | 3.02.0 Requests for Continuances
Parties planning to seek a continuance are expected to inform the Court as soon as practicable.
Because the Court reviews calendared matters well in advance of the hearing date, parties that plan to request a continuance are expected to inform the Court of their intention to do so as soon as is practicable.
Page 23 | 3.02.0 Requests for Continuances
Chambers Communication Rules
To appear for oral argument, notify the court by 4:00 p.m. on the court day before the hearing using the telephone number for the assigned department; the Dept. 2 number is (209) 588-2382.
If you wish to appear for oral argument, pursuant to California Rules of Court, rule 3.1308, you must so notify the court and opposing counsel by 4:00 p.m., the court day before the hearing. The court telephone number for such notification to Dept. 1 is (209) 588-2316, to Dept. 2 is (209) 588-2382, and to Dept. 3 is (209) 588-2383.
Page 1 | Tentative Rulings and Case Notes
An applicant seeking ex parte relief must contact the clerk’s office to schedule a hearing.
An applicant for ex parte relief shall contact the clerk’s office to schedule the hearing on his or her application.
Page 14 | 1.13.0 Ex Parte Applications
The hearing date for a formal discovery motion must be obtained from the calendar coordinator.
The hearing date shall be obtained from the calendar coordinator.
Page 51 | 8.02.0 Prehearing Discovery
During the week before trial, attorneys must keep the Court advised about settlement likelihood and factors affecting trial readiness.
Attorneys shall, during the week preceding the date fixed for trial of any of their cases, keep the Court advised as to the likelihood of settlement and any other factors, which affect the readiness of the case.
Page 20 | 2.08.0 Settlement of Civil Jury Trials
Two calendar days before trial, trial counsel and self-represented litigants must call the assigned department and report the matter’s trial and settlement status.
Two calendar days preceding the date set for trial, trial counsel and pro per litigants shall call the department to which the case has been assigned for trial and inform the Court of the status of matter in regard to trial and settlement.
Page 20 | 2.09.0 Civil Long-Cause Trial Calendar Call
A party planning to drop a motion from the calendar is expected to inform the Court as soon as practicable.
Because the Court reviews calendared matters well in advance of the hearing date, a party that plans to drop a motion from calendar is expected to inform the Court of its intention to do so as soon as is practicable.
Page 24 | 3.02.1 Request that Matter Be Dropped from Calendar
Parties are encouraged to call the clerk before filing a continuance request to confirm availability of preferred new hearing dates.
Parties are encouraged to call the clerk’s office in advance of filing their request in order to confirm the availability of their preferred new hearing date(s).
Page 23 | 3.02.0 Requests for Continuances