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A general order of the court over the signature of the Honorable David M Sanders, Presiding Judge, filed August 10, 2026: indigent litigants (defined as those with a current fee waiver) upon request in all cases (including family law, probate, and unlimited civil matters) will be provided with meaningful access to an official verbatim record of proceedings, including by means of electronic recording, if an official reporter or official reporter pro tempore is unavailable; adopted pursuant to the California Supreme Court decision in Family Violence Appellate Project v Superior Court of Contra Costa County (8/10/26) S288176.
Chapter 8 (Rules 8.1 to 8.6): the Presiding Judge of the Appellate Department to supervise the business of the department, all motions, including ex parte applications for orders, presented to the Presiding Judge, final rulings on the merits of limited jurisdiction civil and criminal appeals decided by a majority of a three-judge panel, and appeals of traffic infraction cases heard by one judge under Code of Civil Procedure §77(h) (8.1); appeal papers filed with the clerk, briefing and hearing dates set by the court (8.2); in civil appeals, the appellant's designation of the clerk's transcript within ten (10) days after filing the notice of appeal, the respondent's additional designation within ten (10) days of service, a $100.00 deposit at filing, and the estimated costs in excess of the deposit paid within 10 days of the estimate or the appeal placed in default (8.3); in infraction and misdemeanor appeals, the original trial court file used instead of a clerk's transcript and the official electronic recording as the record of oral proceedings, the parties deemed to have stipulated to the recording as the settled statement unless the respondent files an objection within ten (10) days, a transcript of the recording under Rule 8.917 at the appellant's cost (8.4); an original and three copies of each brief filed with the clerk, briefs not to be bound, a request for an extension of time filed with the Presiding Judge of the Appellate Department with a separate declaration of good cause and a proposed order, and a failure to file a timely opening brief may result in dismissal of the appeal (8.5); prerogative writs served under Code of Civil Procedure §§ 1107 and 1088.5 in the manner of a summons, the hearing set by noticed motion or rarely by order to show cause, alternative writs only on service of the application at least five (5) days before the ex parte hearing, administrative mandate evidence confined to the administrative record, and the parties to state their position on the scope of review (8.6).
Chapter 7 (Rules 7.1 to 7.3): a petition for compensation of a guardian, conservator, trustee and counsel accompanied by an itemized statement of the services made under penalty of perjury, the court to evaluate the petition according to the services performed, time expended, average hourly rate, results accomplished and benefit, and no compensation paid in advance of a court order authorizing it (7.1); a guardian ad litem nominee who is a plaintiff in the same action or a participant in the occurrence ordinarily not appointed unless the application is accompanied by a declaration that no other parent, relative or friend can or will accept the appointment and the attorney's declaration that there is no conflict of interest (7.2.1); a petition to compromise a minor's or incompetent's claim to state the facts, medical issues, medical expenses, the reasonableness of fees (absent unusual circumstances, not to exceed twenty-five percent of the settlement amount if the settlement occurs before the case is assigned to a department for trial), available coverage and the reasonableness of the settlement, allowable costs ordinarily deducted prior to computation of fees, and what the orders must contain for a structured settlement and for sums deposited in a financial institution (7.2.2); withdrawals of funds deposited for minors or incompetent persons allowed only upon a verified petition, minors aged fourteen (14) or over to sign and date the application with the trustee or guardian, and a declaration of expenditures filed within fifteen (15) days from the date of the order (7.2.3); probate petitions and motions on Fridays at 10:00 a.m. in Department 2, limited to ten (10) minutes and a maximum of eight (8) matters on any Friday's calendar, the parties may submit a probate petition or motion solely on the filed documents if so designated by a cover letter or a clear notation on the notice of hearing, appearance by CourtCall under local rule 3.8, and the tentative ruling system of Local Rule 3.3.7 (7.3).
Chapter 6 (Rule 6.1): an ex parte Gun Violence Restraining Order requested by filing a written petition in the department handling civil harassment restraining orders, on Judicial Council Form #GV-100, by a law enforcement officer or an immediate family member, the requesting law enforcement officer to memorialize a TE-GVRO ordered on an oral request on Judicial Council Form #EPO-002 and serve and file it under Penal Code §18140, initial orders issued or denied on the same day the petition is submitted (or the next day of judicial business), in effect for 21 days or less, the court to fill in the hearing date and the requesting party to have the order served, and petitions submitted electronically through an approved e-Filing service provider under Penal Code §18122 (6.1).
Chapter 5 - Juvenile Rules (Rules 5.50 to 5.54.10): attorneys in juvenile dependency proceedings to meet the standards of competence of rule 5.660(d), a Counsel Certificate of Competence submitted within 10 days of a first appearance and a renewal on or before January 31 of every third year, an attorney who fails to submit evidence of the required training notified that he or she will be decertified and given 20 days to submit it, and certification by the Juvenile Court of the California county in which the attorney maintains an office sufficient (5.50); a written complaint about appointed counsel lodged with the court, the client given written notice of the procedure within 10 days of the appointment, the court's review within 10 days of receipt, the attorney's response within 20 days, and the court able to reprove, sanction, order practice under a mentor attorney or substitute counsel, a review by another judge requested within ten days (5.50); notice to the court of a dependent child's interest in another forum by declaration, and attorneys to adhere to the statutory time lines, time waivers accepted and continuances granted only on a showing of exceptional circumstances (5.50); no direct fax filing of documents under rule 2.304 or rule 5.522 in the juvenile court except upon exceptional circumstances and after obtaining leave of court (5.51); psychotropic medication administered to a ward removed from the parent's custody only on a prior court order under rule 5.640 (5.52); the Probation Department, Family Court Services, and the Calaveras Works and Human Services Agency may disclose to each other information relating to any dependent minor, ward or conservatee as necessary to carry out their duties to the court, and confidential information exchanged under the rule remains confidential (5.53); the Court Appointed Special Advocate Program under Welfare and Institutions Code §§ 100-110 and rule 5.655, special advocates sworn in and appointed by an order granting the authority to review documents, the same legal right to records as a case manager, timely notice of motions, priority on the court's calendar, the Special Advocate to regularly visit the child, the right to be present and heard at all court hearings, CASA reports submitted to the Court at least five (5) court days prior to the hearing, and CASA to provide a copy of the report to the parties at least two (2) court days prior (5.54 to 5.54.10).
Chapter 5 (Rules 5.1 to 5.16): the family law calendar's matters - requests for orders, orders to show cause and motions, defaults, settlement conferences and trials, enforcement and modification, the Uniform Parentage Act, the Uniform Child Custody Jurisdiction and Enforcement Act, the Uniform Interstate Family Support Act, domestic violence restraining orders, discovery, writs of execution and habeas corpus, and adoptions (5.1); requests for orders set approximately four weeks after filing, on Tuesdays at 1:30 p.m. in Department 2, custody and visitation requests without temporary orders approximately sixty (60) calendar days from filing so the mandatory mediation can be completed, a maximum of twelve (12) matters on any Tuesday's calendar, and the clerk to advise the moving party of a new date (5.2); an order shortening time granted only on a declaration demonstrating good cause, ex parte papers for temporary orders filed no later than 3:00 pm the court day before with the local form “Application for Immediate Court Hearing and Order”, in strict compliance with rules 5.151 through 5.170, and temporary orders without prior notice only on evidence of great or irreparable injury (5.2); the moving party's pleadings and any required blank responsive pleadings served under Code of Civil Procedure § 1005 and Family Code § 215, personal service within five (5) days of issuance of temporary orders, a written order continuing the matter obtained when service has not been completed in a timely fashion, to keep it on calendar, and the response served to ensure delivery not later than one (1) court day after the responding papers are filed (5.3); moving papers filed no less than sixteen (16) court days prior to the hearing (motions involving child custody and visitation, where no temporary orders have issued, generally approximately thirty (30) days), responsive pleadings no less than nine (9) court days prior, the proof of service no less than five (5) calendar days before the hearing, financial declarations current only if executed within 90 days of the hearing, and reports concerning the child not attached to motions but provided to the court at the time of hearing (5.4); a meet and confer once responsive papers are filed, and no surprise documents or evidence at the hearing (5.5); hearings on the family law motion calendar limited to ten (10) minutes or less, the parties prepared to submit their cases on the filed pleadings, declarations, offers of proof and brief testimony under Family Code § 217 and rule 5.113, live witness testimony only on compliance with § 217(c) and rule 5.113(e) (5.6); stipulations recited in open court reduced to writing and signed, and the prevailing party responsible for preparing the order after hearing and submitting it to the other side for review and approval (5.7); no at-issue memorandum filed in any family law matter, and a mandatory settlement and trial setting conference, the parties and trial counsel to participate and to submit and serve a settlement conference statement five (5) court days prior to the conference under rule 3.1380 (5.8.1, 5.8.2); the Family Law Caseflow Program for dissolution, nullity, legal separation and parentage actions, a Case Status Conference approximately 120 days from the filing of the Petition, the Caseflow Program Notice served with the Summons and Petition, a Case Status Conference Statement (Form A-3) filed and served at least five (5) days before each conference, tentative rulings the Court routinely adopts absent objection, and telephone appearance by making arrangements with CourtCall at least five days prior (5.9); counsel appointed for a minor under Family Code §3150 charged no court filing fee for motions made, with rights of access and the duties of Family Code §3151, and complaints regarding counsel reviewed and resolved under the procedures described in Local Rule 5.50(f) (5.10); mandatory child custody mediation before the hearing under Family Code § 3170, the court to set the mediation appointment, the moving party to serve the “Mediation Referral and Information Packet” at least five (5) days prior to the session and file proof of service, the mediation orientation session on the internet or in person, sanctions for noncompliance, an agreement reached in mediation not a court order until affirmed in open court session or by written stipulation, and complaints directed in writing to the Family Court Services Director, or to the Court Executive Officer if the Director conducted the mediation (5.11); custody evaluations only by court order under Evidence Code § 730 and Family Code § 3111, the evaluator appointed from a list of experts submitted by the parties and approved by the court, no preemptory challenge of evaluators, complaints to the Family Court Services Director, and the parties in most cases to share equally in the costs of the evaluation, payment of the expert to appear at a hearing at the sole expense of the party requiring the expert's presence (5.12); the Office of the Family Law Facilitator available to assist parents and other parties who have questions about family law issues, and a complaint about the Office to the Court Executive Officer for review, investigation and determination, on a complaint form available at the Court's filing window (5.13); a request to dismiss a domestic violence restraining order accompanied by a declaration demonstrating good cause, the parties' agreement without a declaration insufficient, and the clerk to forward the documents to the assigned judicial officer for consideration and determination, the matter dismissed or set for hearing (5.14); remote appearances for child support under rules 5.324, 3.670 and 3.672, with the exception of 5.324(f), forms RA-010 and RA-020 to complete and file at least five (5) days prior to the court date, notice to the other parties of the intent to appear remotely within one (1) court day before the hearing, and the vendor the Calaveras County Superior Court (5.15); remote appearance at a short cause Domestic Violence hearing on form RA-010 with a proposed order at least five (5) court days prior, notice to the other parties received at least ten court days prior, a non-moving party to file form RA-010 by 3:00 p.m. at least two (2) court days prior, remote appearances for evidentiary hearings only in the most extraordinary circumstances, and online filings on forms mandated by the Judicial Council or specially approved local forms, persons filing on the eFile internet portal to comply with the requirements listed in the court website's “eFiling Information” (5.16).
Chapter 4 (Rules 4.1 to 4.13): witness lists exchanged at the Trial Readiness Conference when trial is scheduled less than 30 days after arraignment (4.1); no criminal matter continued, even by stipulation, except under Penal Code § 1050 (4.2); when a defendant has not made a motion to change pleas at the Trial Readiness Conference, only pleas to all counts in the complaint or information accepted, except when the counts are pled in the alternative (4.3); plea bargaining under Penal Code § 1192.6 and § 1192.7 (4.4); discovery under Title VI, Chapter 10 of the Penal Code (4.5); motions for own recognizance release or bail modification made in open court, a subsequent motion only on materially changed circumstances with disclosure of the prior motion, its judge, its nature and the order made (4.6); trial by written declaration under Vehicle Code § 40902 requested by mail or in person prior to the initial appearance, a failure to appear at the initial appearance may be deemed an election under § 40903, the defendant to file the declaration under penalty of perjury and post the required bail on or before the hearing date assigned by the Clerk, and a trial de novo requested no later than twenty (20) days after the written notice of decision is mailed (4.7); payment for an investigator, scientist or forensic expert only with the written approval of the judge, obtained prior to the services, requests for additional expert fees approved before the services with a declaration of the prior applications and the total amount awarded and paid, payment requests with the expert's invoice and a copy of the order approving the services, investigator fee rates established by general administrative order, and ex parte applications for funds confidential, with “CONFIDENTIAL” in the caption, and sealed only on the findings of rule 2.551 (4.8); real property bonds with equity equal to twice the amount of the cash bail under Penal Code §1298, a hearing on a noticed motion with proof of service to the District Attorney filed at least 2 days prior to the hearing, the promissory note, deed of trust, preliminary title report, appraisal and statements of the lien holders submitted as attachments, the applicant to record the deed of trust and deliver the documents to the Clerk before an ex parte order for release, and the Clerk to deposit the original deed of trust and promissory note with the Treasurer for safekeeping (4.9); continuance of infraction trials discouraged, requests for continuances based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to trial (4.10); misdemeanors and infractions set on Monday in Department 4 conducted by a commissioner unless a written objection is filed at least five (5) court days before the hearing, the commissioner then to conduct the hearing as a referee (4.11); a mandatory Trial Readiness Conference in Department 2 the Thursday prior to a jury trial scheduled in Department 3 (4.12); preliminary hearing exhibits returned upon stipulation by both parties (4.13).
Chapter 3 (Rules 3.1 to 3.9): routine ex parte applications, with no hearing required and no local form Application for Immediate Court Hearing and Order - applications on which all parties stipulate in writing, applications for waiver of court fees and costs, for appointment of a guardian ad litem to initiate an action or of counsel, a request for an order to show cause without temporary orders or to file documents which exceed page limits, an application for default judgment, a request for order shortening time in Family Code matters on the Judicial Council form, temporary restraining order applications under the Family Code or the Code of Civil Procedure on Judicial Council forms, and a petition for appointment of a temporary conservator by the Calaveras County Public Guardian or Director of Behavioral Health Services (3.1); extraordinary ex parte applications - all others - with the applicant's presence at the hearing required and the local form Application for Immediate Court Hearing and Order, to strictly comply with rules 3.1200 through 3.1207, Family Code §3064 or other statutory authority (3.1); the adequacy of an ex parte application determined on the papers, evidentiary facts on personal knowledge required, and applications for temporary relief with a proposed order filed no later than 12:00 p.m. at least one court day before the requested hearing (3.1); a separate Proof of Service of Summons (POS-010) for each defendant and cross-defendant (3.2); Law and Motion in limited and unlimited civil matters on Fridays at 9:00 a.m. in Department 2, matters limited to ten (10) minutes and a maximum of ten (10) matters on any Friday's calendar, the court to reschedule the hearing date once the maximum allotment has been reached, a matter that justifies a hearing lasting more than ten (10) minutes designated a short cause matter, evidence by written declaration, affidavit or request for judicial notice only, and matters not continued, even by stipulation, except upon approval by the court for good cause (3.3); motions served under the Code of Civil Procedure § 1005(b) timelines - five, ten, twelve or twenty calendar days for service by U.S. Mail, two calendar days for service by facsimile, email, express mail or overnight delivery, and thereafter sixteen (16) court days to the earliest law-and-motion hearing date (3.3); motions to be relieved as counsel on the Judicial Council forms under rule 3.1362, with a declaration identifying all matters calendared for hearing (3.3.1); default judgments by affidavit under rule 3.1800 and Code of Civil Procedure §585(d), the clerk to advise when personal testimony is required (3.3.2); attorney's fees in default actions of 25 percent of the first $1,000 (with a minimum fee of $150), 20 percent of the next $4,000, 15 percent of the next $5,000, 10 percent of the next $10,000, 5 percent of the next $30,000 and 2 percent of the amount over $50,000 (3.3.3); the prevailing party to prepare orders after hearing under rule 3.1312, unless otherwise directed (3.3.4); the court notified at the earliest opportunity of a motion for continuance on the short cause law and motion and order to show cause calendar (3.3.5); a matter with no appearance by the moving party at calendar call ordered off-calendar, all parties then re-noticed (3.3.6); the tentative ruling system on the Law and Motion calendar - tentative rulings available by 2:00 p.m. on the court day preceding the hearing on the court's website, the tentative ruling to become the ruling of the court unless a party desiring to be heard so advises the Court by 4:00 p.m. on the court day preceding the hearing, all other sides notified, by calling 209-754-6285 - and the language every notice of a law and motion matter must include (3.3.7); general civil cases in the Delay Reduction Program under Government Code §68600, the clerk to append at filing the Notice of Inclusion in Civil Case Delay Reduction Program and Setting Case Management Conference, the first conference set approximately 120 days from filing, the filing party and cross-complainants to serve the notice (3.4.1 to 3.4.4); each party to file and serve a Case Management Conference Statement (CM-110) not less than 15 calendar days before each conference, counsel and self-represented parties to attend when there is no tentative ruling or a party objects to it, and tentative rulings for conference hearings on the court's website and at the clerk's filing window (3.4.5); case management plans with disposition within 12, 18 and 24 months, cases initially assigned to Plan 1 (3.4.6); the jury deposit under Code of Civil Procedure §631, a failure to deposit advance jury fees to result in a waiver of trial by jury (3.4.7); motions on the Civil Law and Motion calendar, the Case Management Conference calendar not a Law and Motion calendar (3.4.8); no at-issue memorandum in any delay reduction case (3.4.9); sanctions for failure to comply - monetary sanctions, limitation of evidence and/or dismissal (3.4.10); at-issue general civil actions submitted to judicial arbitration if the amount in controversy will not exceed fifty thousand dollars ($50,000) for each plaintiff under Code of Civil Procedure § 1141.11(b) (3.5); a settlement conference set at least 15 days prior to the trial date (3.6.1); each plaintiff prepared to make a minimum request and each defendant a highest offer, the attorney responsible for the trial of the case to attend, and persons having full authority to settle present, the Court may allow them, only on a good cause application made prior to the conference, to be available telephonically (3.6.2); all counsel to submit to the court and serve on all parties, at least five court days prior to the conference, a Settlement Conference Statement not to exceed five pages, to conform with rule 3.1380, and the parties to have communicated their settlement requests and offers prior to the conference (3.6.3); participation in good faith (3.6.4); on a failure to appear by the parties seeking affirmative relief, the Court may order the trial date vacated, dismiss the action or impose monetary sanctions, a case where no party appears placed on the law and motion calendar for the purpose of being dismissed, and the date for obtaining a default judgment prior to the end of the track in which the case has been placed (3.6.5); a request to set an unlawful detainer for trial on form UD-150, the matter set on the Case Management Calendar within approximately 30 days if possession is no longer an issue, and for trial not more than 20 days from the request if possession is an issue, notice mailed by the clerk at least 10 days prior to trial (3.7); unlawful detainer trials on Tuesdays at 1:30 p.m. in Department 4 by a commissioner unless a written objection is filed at least five (5) court days prior to trial, the commissioner then to conduct the trial as a referee (3.7.1); remote appearances by counsel and unrepresented litigants in non-evidentiary law and motion, probate and case management hearings, with “Remote Appearance” below the title of the papers or Judicial Council forms RA-010 and RA-020 and the court's selected vendor, personal appearances required, unless prior permission is obtained through application and order of the court, in Family Law matters (except for Case Status Conferences), Welfare and Institutions Code matters, guardianship and conservatorship hearings, petitions under Code of Civil Procedure §§ 527.6, 527.7, 527.8 and Welfare and Institutions Code § 15657.03, Judgment Debtor examinations, Mandatory Settlement Conferences, hearings where oral testimony is taken or oral argument is anticipated to exceed 15 minutes, and minor's or incompetent persons compromises, the court reserves the right to reject any request for a remote appearance or to halt the hearing, and a failure to maintain an audible and clear connection considered a failure to appear (3.8); the civil mediation program repealed (3.9).
Chapter 2 (Rules 2.1 to 2.17): papers submitted for filing to conform to California Rules of Court, Rule 2.100 through 2.119, the clerk to endorse up to three copies of each document filed, original signatures recommended in blue ink, and the clerk not to accept papers, documents, exhibits or dividers on pink or yellow paper except where leave of court has been granted (2.1); documents submitted for filing by mail, in person at the clerk's filing window, by use of the drop box or by e-Filing (2.1); the drop box accessible until 4:00 p.m. on all court business days, a document deposited before 4:00 p.m. deemed filed on the date of deposit if appropriate for filing, matters requiring immediate judicial attention such as restraining order requests never placed in the drop box, no person other than an authorized court employee to remove any item, and conformed copies not returned by mail unless accompanied by a return envelope with adequate postage (2.1); filing through a fax filing agency under rule 2.303, and no direct fax filing under rule 2.304 except upon exceptional circumstances and after obtaining leave of court (2.2); each party applying for a fee waiver to submit a separate application for each case, a failure to submit a complete and legible application to result in a denial, and the clerk authorized to grant fee waivers that meet the standards of eligibility of Government Code § 68632(a)(1)-(9) (2.3); the waiver of the additional fees and costs of rule 3.56 submitted on form FW-002 to the appropriate judge, and an application for a waiver of jury fees made at least 25 days prior to the commencement of the trial, or at least five days in unlawful detainer proceedings (2.3); the court to order the party owing costs to a prevailing party granted a waiver to pay the sum of all waived costs to the court, reasonably necessary photocopying, which the court defines as only one copy of the papers in the court's file, the party requesting a waiver to notify the court of any change in financial status, and orders granting waivers to expire 60 days from the date of judgment (2.3); the Court not to consider ex parte communications unless made in the manner prescribed by the rules or the laws, applications for an order never made by telephone call, letter, electronic mail or facsimile, letters between counsel or parties not sent to judicial officers or court research staff, and, where laws or rules permit an ex parte application, diligent efforts to notify all other parties, reasonable efforts to accommodate their schedule, and avoid taking advantage of any other party's known absence (2.4); for records whose confidentiality is required by law, the caption or title to state “CONFIDENTIAL” with a citation to the law, a confidential report filed with an 8 ½ by 11 inch envelope printed with the document title, case number and the word “confidential”, a stipulation for confidentiality or sealing legally insufficient, and sealing under rule 2.551 with a proposed order containing no confidential information (2.5); in all proceedings, including small claims, a party requiring a court interpreter to make all necessary arrangements prior to the trial or hearing and to file Judicial Council form INT-300 or inform a Clerk at the counter (for mediation, the clerk in the Self-Help Center), to notify the court immediately when the interpreter is not required - a failure to timely notify may result in an order for reimbursement of the interpreter's cancellation fee - and a complaint about language access services on the local form Language Access Complaint Form (2.6); an official court reporter available as required by law in all felony and juvenile proceedings, a party desiring a reporter in any other matter to make the arrangements and pay all costs, with an exception for in forma pauperis litigants granted a fee waiver for reporter costs (2.7); the court's electronic recording system the official reporting service for infractions and misdemeanors and, upon order of the court, in limited civil proceedings, the cost of a transcript borne by an appellant who elects one, and the $30.00 fee for the official reporter at a proceeding of less than one hour paid on or before the hearing with proof of payment to the court reporter (2.7); all requests to place matters on the court's calendar, except traffic arraignments, made in writing and filed with the clerk (2.8); an attorney who appears for another attorney to be prepared, to have authority to make dispositions or calendar settings, and to communicate the court's orders to the client and the attorney of record (2.9); appointed counsel without a contract compensated at the rate set forth in the General Administrative Order Establishing Conflict Counsel Compensation, requests for compensation submitted monthly on the court approved form and received within ninety (90) days of the services (2.10); the parties to obtain, set up and operate the audio/visual equipment for demonstrative evidence, approved by the court in advance (2.11); the Executive Officer/Clerk not to accept or retain exhibits that are bulky (exceeding 1 cubic foot), heavy (exceeding 3 lbs.) or hazardous waste material (controlled substances among them), and explosive, flammable or corrosive materials, P.C.P. and samples of blood or tissues not sent to the courts' exhibits custodian unless there is a court order to retain them, photographs, technical reports or identical dummy objects used in lieu of the original object (a rule that shall not apply to capital cases), toxic materials brought into a courtroom in a sealed condition and properly labeled under Penal Code §1417.3(b), the person bringing the evidence to retain it and be responsible for its storage, and the number of pages of each exhibit to disclose prior to marking and admitting exhibits (2.12); before a hearing on a request for order on custody or visitation, the clerk to perform a case index search for criminal protective orders and, before a criminal protective order is requested, for custody or visitation orders, the court file forwarded to the department determining the request, and the judicial officer to make a reasonable inquiry about other orders when a personal conduct restraining order is at issue (2.13); no filming, videotaping, photographing or electronic recording in any area of the courthouse, its entrances, exits, hallways or adjacent parking areas, without a written court order, cameras and recording devices of any kind (including those in eyewear, watches, a laptop or tablet computers, cell phones) turned off on court premises, no filming of the interior through windows or the glass of the courtroom doors, media coverage in a courtroom only under the judge's order under rule 1.150 and, inside the courthouse but outside the courtroom, only with the Presiding Judge's prior written permission (2.14); no obstruction of public access, no photographing or filming of jurors, written media requests on Judicial Council form MC-500 with the time estimate, the placement of cameras and the live or recorded dissemination, and form MC-510, compliance with rule 1.150, no restriction on judicial discretion, and the media representative of a granted request to report to the bailiff with identification and a copy of the order (2.14); electronic filing under Code of Civil Procedure §1010.6 and rule 2.250 for the matters listed on the court's website, by the approved Electronic Filing Service Providers listed there, and the items that may not be electronically filed - any will, codicil or testamentary trust, a bond or undertaking, subpoenaed documents, the Probate Code §2620 financial institution, care facility and escrow documents of conservators, guardians and trustees, state vital records forms, attachments that cannot be accurately transmitted, documents submitted during a proceeding such as trial exhibits, documents lodged provisionally under seal, documents for cases under seal and a Labor Commissioner deposit of cash or check (2.15); the Court expects all attorneys appearing before it to comply with the letter and spirit of the Rules of Professional Conduct, and the Court to address transgressions, including courtesy and civility, case by case (2.16); the Clerk of the Superior Court or the Clerk's designee appointed as elisor to sign a document a party fails to execute, by a regular “Request for Order” in family law that does not set forth a specific court employee, the order to expressly identify the documents with a copy attached and highlighted where the elisor is to sign, a declaration of specific facts establishing the necessity, the moving party to contact Court Administration to arrange the signing within up to three (3) court days, and the applicant to arrange for a notary public for documents requiring notarization (2.17).
Chapter 10 (Rules 10.1 to 10.3): the office of presiding judge determined under rule 10.602 (10.1); a judicial vacation day an approved absence from the Court for one full business day (10.2); a Court Executive Officer selected by agreement of the Superior Court Judges, to serve at the pleasure of the Presiding Judge and perform the duties described in Rule 10.610 (10.3).
Chapter 1 (Rules 1.1 to 1.7): these Local Rules of Court apply to the Calaveras County Superior Court (1.1); known and cited as the “Local Rules for the Calaveras County Superior Court” (1.2); the rules take effect on January 1, 2019 (1.3); on their effective date they supersede all local court rules previously adopted by the court (1.4); construed and applied so as not to conflict with the California Rules of Court and liberally construed to facilitate and promote the business and administration of justice (1.5); the California Rules of Court not printed as part of the local rules but considered incorporated within them, each Local Rule read in conjunction with the California Rules of Court (1.6); the rules adopted, amended or repealed by majority vote of the judges, effective subject to the notice and publication requirements of Code of Civil Procedure §575.1 and Government Code §68071, and counsel, a party represented by counsel or a party appearing in pro per who fails to comply subject, upon motion of a party or the court, to the sanctions of Code of Civil Procedure §575.2, Code of Civil Procedure §177.5 and California Rules of Court, Rule 2.30 (1.7).
Timely arrival (a late party's case may be heard without them); photocopies of all evidence for each party and the judge, copies submitted the day of trial not returned; all witnesses brought; documents exchanged and reviewed before the case is heard; a stipulation to a pro-tem (temporary) judge, or a continuance to a date when a judge of the Superior Court is available - a temporary judge may be declined when the claim is filed; the plaintiff's testimony first, then the defendant's; the proceedings not recorded by a court reporter or any other recording; no interpreters provided - a party not fluent in English brings an interpreter; the decision (judgment) mailed; no appeal for the plaintiff on the Plaintiff's Claim, an appeal by the defendant heard again in full, and a plaintiff's appeal on a Claim of Defendant.
A reminder notice mailed to the address on the citation (a change of address reported to the court); bail forfeited by mail, online or in person, checks or money orders payable to Calaveras Superior Court, the docket number in all correspondence; monthly installments requested by signing and returning the Reminder Notice, the clerk mailing an Agreement to Pay and Forfeit Bail in Installments, returned with 10% of the total bail; mandatory appearances for zero-tolerance citations and county code ordinances involving damage to persons or property; Traffic Violator School requested from the clerk at (209) 754-9800 before payment - the entire bail amount plus $52.00 for Traffic School Fee, 90 days to complete from the court's receipt of the request, eligibility once in 18 months; a $25 proof of correction fee for each correctable violation; a one-time clerk extension, the court contacted on or before the extended date to be placed on the infraction calendar, cases in collections not calendared without a formal motion; contested citations by Court Trial or Trial by Written Declaration (TR200, TR205), bail submitted with the intent in writing, not posted online or by phone; a DMV hold released approximately 5 days after payment in full; on a failure to appear with a hold and no warrant, an appearance on Monday at 8:30 am after checking in at the clerk's office; collections by LGBS or FTB-COD.
No more than two claims anywhere in the State of California for over $2,500 in one calendar year; small claims matters filed in the Civil Division; the original Plaintiff's Claim (all six pages) submitted with up to 3 additional copies to be stamped, copies made by the court at 50 cents per page unless a fee waiver is approved; filing by mail with a self-addressed, stamped envelope and a check or money order payable to Calaveras Superior Court (checks with an imprinted name and address), in person at the clerk's window or by electronic filing; the Plaintiff's Claim and Order to Defendant (SC-100) served at least 15 calendar days before the trial date (20 days if the defendant lives or does business outside the county); a new trial date when no defendant has been served, requested in writing or at the small claims counter at least 3 court days before the trial date, with no fee; once a defendant is served, a later hearing date requested in writing for a good reason with a $10.00 fee, a copy mailed or delivered to all other parties, received by the court at least 10 calendar days before the hearing date (SC-150, SC-152).
Packets at the Self-Help Legal Center and the Court Clerk's Service Windows; filed in the county where the person whose name is to be changed presently lives; hearings scheduled six (6) to seven (7) weeks from the date of filing, heard on Fridays at 9:00 a.m. in Dept. 2; the form to carry the Drivers License number, the Social Security number and any AKA names (adults), as a background check will be conducted by the courts, and the newspaper for publication; publication for 4 consecutive weeks, in Calaveras County in the Calaveras Enterprise or The Valley Springs News; after a California divorce that did not restore the name, an Ex Parte Application for Restoration of Former Name after Entry of Judgment and Order (FL-395) filed in the divorce case - no filing fee, certified copies $40.
Juvenile transfer-in hearings - Juvenile Dependency on Tuesday at 9:00 a.m. in Courtroom 2 and Juvenile Delinquency on Tuesday at 10:30 a.m. in Courtroom 2 (with the addresses and telephones of the Calaveras Health and Human Services Agency, for dependency, and of Calaveras County Probation, for delinquency); no case heard unless the parent or legal guardian is present in court with the minor; the sealing of a juvenile delinquency case prepared by the Probation Department for a small fee; counsel appointed for the child and, upon request, for a parent or guardian who cannot afford an attorney; parents may be held responsible for attorney fees, probation department services fees and placement costs.
A court investigation required for probate guardianships and conservatorships, their terminations, step-parent adoptions, termination of parental rights, emancipation of a minor and underage marriage permission; the fee schedule adopted by the court for the Court Investigator - Guardianship Investigation (up to 6 hours) $450, Guardianship Status Reports no charge, Guardianship Review Report $75, Guardianship Termination $350, Conservatorship Investigation Initial Report (up to 12 hours) $600, Conservatorship – Periodic Reviews (up to 6 hours) $300, Conservatorship Termination Report $75, Step-Parent Adoption Investigation (up to 3 hours) $200, Termination of Parental Rights $450, Under Age Marriage Permission no charge, Emancipation of Minor no charge; fee waivers on FW-001 and, for additional fees, FW-002; the statutes requiring each report and allowing reimbursement.
The Complaint, Summons, and Civil Case Cover Sheet required at the time of initial filing; motions heard - FAMILY LAW on Tuesdays at 1:30 p.m. in Courtroom 2 and LIMITED/UNLIMITED CIVIL on Friday at 9:00 a.m. in Courtroom 2, unless the regular judge has been disqualified; Ex-Parte motions heard in Courtroom 1 Monday through Friday at 11:30 a.m. (Courtroom 3: contact the court for available dates); appearance by telephone for case management conferences, trial setting conferences and some civil and probate motions, and in person for settlement conferences, small claims, family law motions and trials; transcripts ordered from the court reporter by mail or phone at (209) 754-9810, costs and payment arranged with the reporter; publication in the Calaveras Enterprise (San Andreas) or the Daily News (Valley Springs).
Proof of the lack of financial means to pay; ability to pay considered at any point, after a plea of guilty or no contest; a fine reduction requested with the MyCitations online tool (also a payment plan, more time to pay or community service, cases in collections included) or on form TR-320/CR320; an additional fee of up to $100 if the date on the citation and reminder notice passes; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not used to contest the citation, attend traffic school or obtain a dismissal or reduction with proof of correction.
The court's fees - Have a Clerk Search for a File (10 min. or more) $15.00; Copies Per Page 50¢; Certification except J.O.D. $40.00 + 50¢/page; Judgment of Dissolution certification $15.00 + 50¢/page; Filing Packets $5.00; Court Reporter's Appearance Fee - Half Day $125.00 and Full Day $250.00.
Electronic filing with Odyssey eFileCA, 24 hours a day, seven days a week; new and subsequent filings accepted for Limited and Unlimited Civil, Unlawful Detainers, Family, Probate and Small Claims matters, subsequent filings in Criminal and Traffic matters; payment by Visa, Master Card, Discover and eCheck; an electronic filing service provider (EFSP) selected first, one registration serving every provider; the filer solely responsible for omitting or redacting confidential identifiers before transmission under California Rule of Court 1.201(a) - Social Security and financial account numbers only by their last four digits.
A policy of the court, its heading naming Monica L. Alemán, Court Executive Officer: documents for filing and payments accepted between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except court holidays, in the drop box located near the security control station, and items left in the drop-box processed pursuant to Calaveras Superior Court General Order No. 18-05; documents in a sealed envelope accompanied by the appropriate filing fee or fine payment, or they may not be processed; cash payments made in person in the Clerk's Office, the Court not responsible for cash payments left in the drop-box; up to three (3) copies of each document conformed and returned by regular mail with a self-addressed, stamped envelope; pleadings deposited before 4:00 p.m. deemed filed on the date of deposit if accompanied by the appropriate filing fee, and payments retrieved by a clerk at 4:00 p.m. and received as of the date of deposit; the drop box not to be used for Temporary Restraining Orders based on Domestic Violence or Civil Harassment, nor for other matters requiring immediate judicial attention.
Mediation free of charge, generally before the first Court appearance; the parent orientation class (rule 5.210), on-line or in person at the Self-Help Center, about 1 hour, no fee - children do not attend; on filing an Order to Show Cause or Notice of Motion, the parties attend orientation, mediation and the Court hearing, the clerk giving the appointment dates; the Social History form completed before mediation; mediation generally about two weeks before the hearing; both parties interviewed together, separate sessions where there is a history of domestic violence or a protective order and a request (front counter staff told before the appointments are set); a full agreement written as a stipulation and affirmed at the hearing; a confidential, non-recommending Court - the mediator may recommend counsel for the child(ren) (FAM 3150) or a custody evaluation (FAM 3183); a missed appointment usually not rescheduled (requests to the assigned mediator), the court notified of a failure to attend, the hearing still attended, and a possible reimbursement of the mediator's cancellation fee; no ex parte contact with the mediator before the report is completed; a support person who may not participate; mediation reports confidential; conflicts of interest referred to a different mediator unless both parties waive the objection, with no recommendations then.
Limited evaluations in this County, without psychological testing - interviews with the parents and the child(ren), a criminal records check, a Child Protective Services check and contact with collateral sources; the case generally continued 60-90 days when an evaluation is ordered; a copy of the report to the attorney or to an unrepresented party; the recommendation without legal status until the Court acts on it at a scheduled hearing; evaluators under the standards of CRC 5.220; a set fee of $1,200.00 when ordered by the Court (generally $600.00 each party), the Court determining ability to pay, fees paid to the court before the evaluation begins; a subpoena received by the evaluator five (5) working days before the hearing, the evaluator contacted 20 days before the hearing on availability, depositions at a mutually agreed time and place, a refundable deposit of $650.00 if subpoenaed to a hearing, $75.00 per hour for preparation, waiting and travel time and $100.00/hour on the witness stand, paid directly to the evaluator.
A court may permit, or require, parties to file documents electronically in civil actions by local rule under Code of Civil Procedure section 1010.6, specifying the case types covered; self-represented parties are exempt from mandatory electronic filing and service and, in mixed cases, file, serve and are served by non-electronic means unless they agree otherwise; a party required to e-file must be excused on a showing of undue hardship or significant prejudice through a process the court must provide; fees must be consistent with section 1010.6, and the effective date of filing is as section 1010.6 prescribes. A court that permits e-filing may also order all parties in a class, consolidated, coordinated or complex action to file electronically.