Mariposa County
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Mariposa County Superior Court — Standing Order #21-002: Misdemeanor Diversion Program (filed January 5, 2021)
Pursuant to Penal sections 1001.95-1001.97, effective 1/1/21, the Court enacts a Misdemeanor Diversion Program as set forth in the attached Exhibit “A”, effective immediately and in place until either modified or terminated by the Presiding Judge (dated January 5, 2021; Michael A. Fagalde, Presiding Judge); to qualify, a plea of not guilty to the charge(s), a waiver of the right to a speedy trial and consent to completing the diversion program assigned by the Court; if the Court grants diversion, criminal proceedings suspended for the charges eligible, any bail bond or bail deposit ordered exonerated and release on own recognizance (OR), the period no less than 6 months and no more than 12 months, participation not a conviction or admission of guilt; on successful completion the charge(s) dismissed and the arrest deemed to have never occurred - still disclosed in a questionnaire or application for a position as a peace officer; on unsatisfactory performance the District Attorney’s Office or the Court may bring a motion to terminate the diversion, with notice and a hearing, and on termination the Court will reinstate the charge(s); the divertible misdemeanors - Vehicle Code §12500(a) or Vehicle Code §14601.1(a) (first offense only, not in misdemeanor diversion within 3 years of the date of the current offense: obey all laws, do not drive unless properly licensed and insured, written proof of a valid driver’s license), Penal Code §488 (the value of the property taken $250 or less: obey all laws, restitution to the victim(s) in full with written proof of payment, 40 hours of community service monitored by the Mariposa County Probation Department), Penal Code §415 and Penal Code §647(f) (obey all laws, 40 hours of community service) and Penal Code §853.7 related to any of the above charges (obey all laws, 40 hours in the Probation Works Program, or in a program approved by the Mariposa County Probation Department for those who live outside of Mariposa County) - each dismissed at a 6-month review hearing if all conditions have been met, otherwise continued for a 12-month review hearing; the declarations of the defendant and of the attorney for defendant.
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 8-Writs and Appeals (Rules 8.1 to 8.4)
Section 8-Writs and Appeals: writs of habeas corpus filed in the Criminal Division of the Superior Court (8.1); petitions for writs of mandate or prohibition in misdemeanor or infraction cases filed in the Appellate Division of the Superior Court (8.2(a)); petitions for writs of mandate or prohibition in felony cases filed in the Fifth District Court of Appeal in Fresno (8.2(b)); petitions for writs of error coram nobis filed in the Criminal Division of the Superior Court (8.2(c)); writs seeking judicial review of administrative proceedings filed in the Civil Division of the Superior Court (8.3); appeals from felonies, unlimited jurisdiction civil matters, family law matters and probate matters filed in the Superior Court but processed by the Fifth District Court of Appeal in Fresno (8.4(a)); appeals from misdemeanors and infractions filed in the Criminal Division of the Superior Court (8.4(b)); and appeals in small claims cases filed in the Civil Division of the Superior Court (8.4(c))
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 7-Juvenile (Rules 7.1 to 7.5)
Section 7-Juvenile: prehearing discovery reciprocal and informal, pursuant to California Rules of Court, Rule 5.546, lists of all witnesses to be called exchanged at least five days prior to contested hearings, and all relevant material, except as protected by privilege, disclosed in a timely fashion to all parties (7.1(a)); a party may petition the Court for discovery only after having exhausted all informal means, by a motion stating the relevancy and materiality of the information sought and why informal discovery was not adequate, served at least five court days before the hearing date, any responsive papers filed at least two court days before the hearing (7.1(b)); all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence set forth in California Rules of Court, Rule 5.660(d) (7.2(a)); an attorney appearing in a dependency matter for the first time to submit a Certificate of Competency within 10 days of his or her first appearance, notwithstanding a Certificate of Competence, the Court may determine from counsel’s conduct and performance that an attorney does not meet minimum competency standards and then proceed as set forth in section XXXX of this rule, and proof of certification by the Juvenile Court of the California county in which an attorney from outside this county maintains an office sufficient evidence of competence (7.2(b)); each previously certified attorney to submit a new Certificate of Competence on or before January 31st of the third year after first certification and every third year thereafter, with evidence that he or she has complied with California Rules of Court, Rule 5.660(d), an attorney who fails to submit evidence of the minimum-required training and education by the due date notified that he or she will be decertified, with 20 days from the mailing of the notice to submit it, failing that, certified counsel substituted or, for retained counsel, the party notified, whether to substitute counsel solely within the party’s discretion (7.2(c)); any party to a Juvenile Court proceeding may lodge a written complaint about his or her appointed attorney’s performance, and for an attorney appointed to represent a minor the social worker, a caretaker, relative, foster parent, or Court Appointed Special Advocate (CASA) may lodge one on the child’s behalf, the complaint and the response lodged separately in a sealed envelope, counsel provided with a copy, the Court to review it within 10 days of receipt and lodge its decision in the file if it does not present reasonable cause that the attorney has failed to act competently or has violated Local Rules or, if it does, request an informal response or conduct a hearing, held as soon as is practical on at least five days’ notice, after which the Presiding Judge of the Juvenile Court may take appropriate action, and the Court to notify the attorney and the complaining party in writing (7.2(d)); all attorneys appearing in a dependency proceeding to meet minimum standards of representation, thoroughly investigating the allegations of the petition and the court reports, including a comprehensive interview with the client and contacting social workers and other professionals, interviewing the caretaker(s) of a minor child placed outside of the home, absent exceptional circumstances, and vigorously representing the client within applicable legal and ethical boundaries, including the duty to work cooperatively with other counsel, CASA, and the Court to resolve disputed matters without a hearing if consistent with the client’s interests and to comply with local rules and the statutorily mandated time lines (7.3); attorneys for all parties to adhere to the statutory time lines for all hearings, time waivers accepted and continuances granted only upon a showing of exceptional circumstances (7.4); and any interested person may at any time during a dependency proceeding advise the Court, by filing a declaration with service on all parties, that the minor may have an interest or right to be protected or pursued in another judicial or administrative forum, and set forth its nature, the name and address, if known, of the agency or forum and the nature of the proceedings there, the Court to respond as appropriate under California Rules of Court, Rule 5.660(g) (7.5)
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 6-Criminal (Rules 6.1 to 6.4)
Section 6-Criminal: when the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court judge to inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the victim (protected person) and any Court orders for custody/visitation of those children, to consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children and to inquire whether there are any other protective/restraining orders involving the defendant and the victim, and the Court to examine all available databases for existing protective or restraining orders before issuing permanent orders (6.1(a)); when the Criminal Court issues No Contact and/or Stay Away Orders from the minor children of the defendant, the judge to notify the Victim, if present in court, and the defendant of his or her rights to seek a modification, of the orders and of the necessity of returning to the Criminal Court to modify the Criminal Court Protective Order (6.1(b)); a copy of the Criminal Protective Order provided to the victim if present in the Criminal Court when it is issued or, if not, to the District Attorney, who shall send a copy to the Victim at his or her last known address (6.1(c)); the District Attorney’s Office (at any time, at the request of a Victim or the Family, Juvenile or Probate Court), the Probation Department (at the request of a defendant, Victim, or the Family, Juvenile or Probate Court) and the defendant or his/her counsel may place the issue before the Court, which, upon proper request pursuant to this protocol, places the matter on calendar on its own motion, copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders attached to the Application to Modify Criminal Protective Order, which includes the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim, the Court Clerk placing copies of the application in the applicable Court files, the requesting person responsible for personal service of the Application five (5) days before the hearing on the defendant and all other appropriate parties and agencies, including the District Attorney’s Office and the defendant’s attorney of record, and, if the requesting person is someone other than the Victim, the District Attorney’s Office to send a copy of the Application to the Victim at his or her last known address (6.1(d)); after the hearing on modification, the Court to send a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order) to the applicable Family, Juvenile, or Probate Court for inclusion in its files, and the District Attorney to send a copy to the Victim at his or her last known address (6.1(e)); no criminal trial continued, even by stipulation of the parties, except pursuant to Penal Code section 1050 (6.2); the Court’s policy that, when a defendant has not made a motion to change his or her plea at the Trial Readiness Conference, only pleas to all counts in the complaint or information will be accepted, except where the counts are pled in the alternative (6.3); the attorney representing an in-custody defendant to make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial (6.4(a)); motions in limine that may not be heard and disposed of within one-half hour on the morning of trial made in writing and scheduled to be heard before the judge assigned to the trial at 1:30 p.m. on the day before the trial is scheduled to commence, and filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date (6.4(b)); and counsel to file, on the first day of the trial and prior to commencement of jury selection, a list of all CALCRIM instructions requested, special instructions accompanied by points and authorities on separate paper from the proposed instruction, and all blanks on form instructions filled in so that the proposed instruction is complete (6.4(c))
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 5-Probate (Rules 5.1 to 5.3)
Section 5-Probate: all orders in probate matters complete and drawn so that their substance may be determined without having to refer to the petition on which they are based, and, except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party to submit the proposed order at least three Court days prior to the hearing date (5.1); in a petition for probate of a will, all persons and organizations named in the will or codicils listed (5.2(a)); if a named devisee predeceased the decedent, that information provided in the notice, and, where the devisee dies after the decedent, the date of death stated and notice mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative (5.2(b)); a declaration specifying good faith efforts to identify and locate heirs or beneficiaries required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required (5.2(c)); if there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect filed setting forth the basis for the declaration and the efforts made to locate all such heirs (5.2(d)); the trustee of a living trust who is a beneficiary of a will listed as a devisee and noticed (5.2(e)); the Clerk of the Court not handling the preparation, mailing or publication of notices, notices prepared and submitted at the time of filing the applicable petition, and the moving party responsible for all required mailings and newspaper publications (5.2(f)); and the written and signed declination to act of the person named in the decedent’s will as executor who declines to act as such filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act (5.3)
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 4-Family Law (Rules 4.1 to 4.10)
Section 4-Family Law: these Rules apply to all matters related to the Family Law Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, and the Uniform Child Custody Jurisdiction Act (4.1); subject to available resources, the Family Court Judge or Commissioner to review Criminal Court records for existing restraining/protective orders involving the same parties before issuing a permanent CLETS Civil Restraining Order (4.2(a)); a Family Court order that permits contact between a restrained person and his or her children to set forth the contact schedule and the safe exchange of the children, without language conflicting with a no-contact or limited-access Criminal Protective Order (4.2(b)); an attorney or self-represented litigant may be directed to complete the Application to Modify Criminal Protective Order form, attaching a copy of a Minute Order reflecting the Family Court’s recommendation to the Criminal Court (4.2(c)); parents not in agreement regarding custody and/or visitation required to attend mediation before the Child Custody Recommending Counselor (CCRC), keep all appointments and make a good faith effort to agree, and the Court may make temporary orders pending mediation (4.3(a)); generally only the two parents and the mediator attend, but the mediator may allow other persons to participate (4.3(b)); mediation private and confidential, including verbal communications to the mediator unless they impact safety, and the Court may consider the mediator’s written recommendation regarding custody and visitation without further foundation (4.3(c)); ex parte communications permitted by the mediator in writing and served on the opposing party (Rule 5.235 of the California Rules of Court), but not communications between parties made to the mediator (4.3(d)); after mediation, the Court may schedule a hearing on unresolved custody and visitation issues, order a custody evaluation pursuant to California Rules of Court, Rule 5.220 and make temporary orders pending its completion (4.4); a stipulated evaluation approved only where the Court deems it warranted, an evaluator stipulated to by the parties or, absent stipulation or for good cause, appointed by the Court and meeting the requirements of California Rules of Court, Rule 5.225, the parties ordered to pay the cost according to their relative ability to pay, and the final report used only as evidence at a custody or visitation hearing unless otherwise ordered, the Court’s copy confidential (4.5); within 30 calendar days of a hearing or trial where support is at issue, each party to file a current Income and Expense Declaration (form FL-150) with paycheck stubs for the most recent two months or, if self-employed, profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return or similar documentation (4.6(a)); the Court may also ask for the last three state and federal income tax returns (4.6(b)); notice of an ex parte application in accordance with California Rules of Court, Rule 5.165, and requests for emergency orders considered only if they conform with California Rules of Court, Rule 5.151 (4.7); counsel should come to a hearing with a written Order After Hearing (OAH), one counsel designated to prepare it if further drafting is required, the draft submitted to opposing counsel for approval as to form, faxed or emailed OAH’s acceptable, all OAH’s submitted within 14 days following the hearing or sanctions may result, and, if opposing counsel does not respond within five days, the proposed OAH submitted directly with a declaration (4.8); a stipulation for a modification of an existing order, signed by both parties and their attorneys, if any, and presented to the judge (4.9); all contested dissolutions set for a settlement conference, which the parties and the attorneys attend (4.10(a)); and at least 10 court days before the settlement conference, each party to file and serve a Settlement Conference Statement containing a current Income and Expense Declaration (form FL-150), Schedule of Assets and Debts (form FL-142) and proposed division of the community property, the acquisition, encumbrance and title of any claimed separate property, the most recent custody, visitation and support orders with requested modifications, and a statement of facts and legal argument on any contested legal issue (4.10(b))
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 3-Civil Cases (Rules 3.1 to 3.7)
Section 3-Civil Cases: the clerk appending the “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” to the initial pleading (3.1); cross-complainants to serve that notice, and notice of any other pending conference date, on all cross-defendants (3.2); each party’s Case Management Statement (Judicial Council form CM-110) filed and served no later than fifteen (15) calendar days before the conference (3.3(a)); parties or attorneys present or appearing by telephonic conference call, prepared to discuss the subjects listed in rule 3.727, unless notified that no appearance is necessary (3.3(b)); a Case Management Order setting a schedule for subsequent proceedings under rule 3.728 (3.3(c)); moving counsel’s failure to appear, unless excused, cause for placing the matter off calendar, hearing it without counsel, or costs and sanctions (3.4(a)); a written notice to the Court and all counsel of intent not to appear at a Law and Motion hearing deemed a waiver of oral argument, the Court considering the documents filed (3.4(b)); appearance by telephone permitted and encouraged, except when personal appearance is required, under rule 3.670, via CourtCall (3.4(c)); no oral testimony at a law and motion hearing except by order for good cause shown, a Rule 3.1306 statement to include why the evidence cannot be presented by declaration or affidavit (3.4(d)); a settlement conference required in all civil trial matters except domestic and short cause matters (one day or less), set at the Case Management Conference (3.5(a)); trial counsel, parties and persons with full authority to settle to personally attend unless excused for good cause, an insurance carrier with no claims offices within California (the Court notified) by a representative immediately available by telephone, and counsel to obtain the attendance of any other person whose consent to settle is necessary (3.5(b)); each plaintiff prepared to make his or her minimum request and each defendant his or her highest offer (3.5(c)); a mandatory settlement conference statement filed and served at least five (5) Court days before the conference, with all parties’ names, the facts and laws on liability and damages, each plaintiff’s good faith demand and itemization of damages and each defendant’s good faith offer (3.5(d)); parties to participate in good faith, a failure to prepare for, appear at and participate in the conference without good cause may result in sanctions (3.5(e)); if plaintiff fails to appear, the trial date may be vacated and/or monetary sanctions imposed, and if the defendant fails to appear without good cause, sanctions by way of costs, actual expenses and counsel fees (3.5(f)); counsel prepared to proceed to trial on the date scheduled if settlement negotiations are not successful (3.5(g)); the plaintiff to immediately file written notice of a settlement, and a request for dismissal within forty-five (45) days after settlement unless the settlement agreement conditions dismissal on terms not to be performed within forty-five (45) days (the settlement then specifying the dismissal date), failing which the Court will dismiss the case or require Plaintiff to show cause re sanctions (3.5(h)); advance jury fees, daily fees and mileage deposited as required by California Code of Civil Procedure section 631 (3.6(a)); failure to deposit them deemed a waiver of trial by jury, the Court in its discretion may proceed without a jury, dismiss an empaneled jury or, upon such terms as may be just, proceed with a jury (3.6(b)); motions in limine excluding evidence of collateral source or insurance coverage and offers to settle and/or settlement discussions deemed granted, other motions in limine filed and served by 4:00 p.m. six (6) court days before trial and written opposition by 4:00 p.m. three (3) court days before, oral opposition not precluded (3.6(c)); parties to use, where possible, California Judicial Council instructions, and at the commencement of trial a written request entitled “Instructions Requested by (name of party),” served and delivered to the trial judge with an edited copy of all instructions requested, one per page with a five-inch top margin (3.6(d)); and exhibits, depositions and administrative records in civil matters disposed of under California Code of Civil Procedure sections 1952-1952.3 (3.7)
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 2-Filing Procedures (Rules 2.1 to 2.5)
Section 2-Filing Procedures: all papers necessary to a hearing in default cases, including default dissolutions, a return of service on orders to show cause (except wherein the Court has by order shortened time for service), probate matters, adoptions and compromise of claims of minors, including proof of notice, posting affidavits of publication and agreements in dissolution actions, filed no later than the second court day preceding the date set for hearing (2.1); no hearing set in a default or uncontested matter until all requisite pleadings and documents have been filed and the clerk has entered the default, unless it is a matter requiring court entry of default, in which case the return of service must be filed before the request for hearing (2.2); all written orders filed in the office of the clerk immediately after they are signed (2.3); for waiver of fees and costs, all parties to refer to California Rules of Court, Rule 3.50-3.58 (2.4); parties may file pleadings by fax through (209) 742-6860 pursuant to California Rules of Court, Rules 2.300-2.306 (2.5); all fax filings accompanied by the fax transmission cover sheet (form MC-005) as the first page transmitted, followed by any special handling instructions (2.5(a)); and a party wanting copies of any filed documents to make its request on the fax transmission cover, the Court charging $.50 per page, plus postage ($1.00 if the document is less than six pages, $3.00 if the document exceeds six pages) (2.5(b))
Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 1-General Rules (Rules 1.1 to 1.11)
Section 1-General Rules: the rules cited as “Local Rules for the Superior Court of California, County of Mariposa,” effective January 1, 2019, repealing all other rules previously adopted (1.1(a)); the Court open for judicial business from 8:00 a.m. until 5:00 p.m. on court days, the clerk’s office hours posted, which may be amended per Government Code section 68106 (1.1(b)); the Court may impose sanctions authorized by law, after notice and an opportunity to be heard, on a party or attorney failing to comply with these rules, the California Rules of Court or other rules or statutory requirements (1.2); court reporters scheduled for misdemeanor and infraction proceedings (subject to the official reporter’s availability), all felony proceedings, juvenile dependency and delinquency proceedings and family support proceedings (1.3(a)); in probate, family law and civil proceedings under one hour, the official reporter if available, on deposit of the fee in the court’s civil fee schedule (Government Code section 68086), reporters at trial and long cause hearings generally not at the Court’s expense, parties may arrange a certified shorthand reporter as official pro tempore reporter, and a party granted a fee waiver exempt from the requirement to pay (1.3(b)); no person to appear in Court in shorts, without a shirt, barefoot or wearing a tank top, bailiffs to remove any person violating this rule (1.4); any person who perceives he/she is the victim of, or witnesses, sexual harassment in the courthouse should immediately notify the Court Executive Officer, who may conduct an investigation (1.5); recording or transmission equipment prohibited in any courtroom (and recording equipment in any other part of the courthouse) without advance permission by the Judge, laptops and electronic devices included but regulated by each Judicial Officer, violators subject to contempt (rule 1.150) and/or confiscation, and cameras, photographers and media reporters not to block the courthouse ingress or egress (1.6); civil ex parte applications governed by California Rules of Court, Rules 3.1200-3.1207, Family Court ex parte requests by Rules 5.151-5.170 and Local Rule 4.3(d), and the party seeking an ex parte order to submit the application, papers and fees to the clerk by 3:00 p.m. on the court day preceding the hearing (1.7); no ex parte communications considered unless made as these Rules, the California Rules of Court or the laws of this State prescribe, lawyers and parties to avoid them on the substance of a pending case, and no letters between counsel copied to judicial officers (1.8); in all proceedings except juvenile or criminal proceedings, counsel or self-represented litigants to arrange any foreign language interpreter required for a party or witness prior to the hearing or trial (1.9(a)); in juvenile or criminal proceedings, written notice to the Court of the hearing date, the person’s name and role and the language spoken (and dialect), the court arranging the interpreter at its cost, counsel to immediately notify the Court in writing if the interpreter is not required, and failure to timely notify may result in an order to reimburse any cancellation fee (1.9(b)); parties to obtain, set up and operate all audio/visual and other equipment for hearings or trials, approved in advance by the Court (1.10); the assigned Judge’s permission before a party may bring dangerous, hazardous, or bulky exhibits into the courthouse, a photograph, technical report or dummy object substituted if possible for exhibits inherently dangerous (such as firearms, explosives, flammable liquids or controlled substances) or large and cumbersome (1.11(a)); an application in writing for an exhibit to be brought into the courtroom without substitution, describing the materials and the reason, the Court may consider viewing them at another location (1.11(b)); and when such an exhibit, marked and identified or received in evidence, poses a security, storage or safety problem, the Court may order it returned to the party that offered it (a prosecutor’s exhibits to the law enforcement agency involved) with a full photographic record substituted, the party or agency preserving it intact, exhibit tags in place, until final disposition and promptly delivering it to the appropriate court if further proceedings require it (1.11(c))
Mariposa County Superior Court — Remote Appearance
For individuals on the Court's calendar and attorneys only; the courtroom entered remotely by the link for each calendar (Civil & Probate; Criminal; Drug & Behavioral Health; Family Law), each with an Upper Courtroom link and a Lower Courtroom link and a telephone dial-in with its meeting ID (not written here); most hearings are held in the Upper Courtroom.
Mariposa County Superior Court — Public Notice: reduction in operating hours and the drop box (July 28, 2021)
Pursuant to Government Code Section 68106, 60 days’ notice of a reduction in operating hours for the public filing counters and telephones in the Clerk’s Offices: effective October 1, 2021, the operating hours for the Clerk’s Office filing counters and telephones Monday – Friday from 8:00 a.m. to 3:00 p.m., excluding holidays (the filing counters until then Monday – Friday from 8:00 a.m. to 4:00 p.m. and the telephone hours Monday – Friday from 8:00 a.m. to 5:00 p.m.); a drop box available in the courthouse hallway to receive documents and payments outside of the Clerk’s Office operating hours - any document deposited in the drop box up to 5:00 p.m. on a court day is deemed to have been deposited for filing that day, and no cash payments are accepted via drop box; comments on the proposed reduction in hours to Court Administration by September 30, 2021.
Mariposa County Superior Court — Juvenile Division
Juvenile cases strictly confidential - no information will be given on the phone; parties wishing to obtain information must present identification establishing themselves to be parties to the case; the calendars - Juvenile Dependency- Wednesdays at 2:30pm and Juvenile Delinquency- Wednesdays at 3:30pm; dependency matters under the California Welfare and Institutions Code, starting at section 300 (children abandoned, abused or neglected by their parent(s) or legal guardian, or parents or legal guardians unable or unwilling to care for them), and delinquency under the Welfare and Institutions Code, starting at section 602 (misdemeanors and felonies committed by minors, persons under 18 years of age); parents or guardians have the right to receive a copy of the delinquency petition; for those who cannot afford legal representation for their children, the Court will appoint an attorney, who represents the child only and will not represent the parents or guardians; a ward of the Delinquency Court may live in the parents' or guardians' home under Court supervision or be placed outside of the home; the division at 5088 Bullion Street, Mariposa, CA 95338, (209) 966-2005, Monday - Friday, 8:00 a.m. to 3:00 p.m.
Mariposa County Superior Court — Information on Small Claims & Unlawful Detainers
Small claims - attorneys not permitted to represent either plaintiffs or defendants (attorneys are allowed in Small Claims appeals), cases for damages of $10,000 or less (as printed); the first step a verbal or written request for payment, a verbal demand followed up with a letter; jurisdiction where the action occurred in Mariposa County, or where the defendant's principal place of business or residence is in Mariposa County; the maximum claim $10,000, a plaintiff limited to two small claims filings over $2,500 per year; the fees - $30 for a claim of $1,500 or less, $50 for more than $1,500 but less than or equal to $5,000, $75 for more than $5,000 but less than or equal to $10,000 (claim by natural persons only), $100 for a person who has filed more than 12 small claims in California within the previous 12 months; the original and at least 2 copies of the small claims filing, a self-addressed stamped envelope for return of documents filed by mail, all documents assembled and stapled in the upper left hand corner; service by personal delivery by anyone who is not a party and is at least 18 years old, by substituted service (not complete until 10 days after the copy is mailed) or by certified mail by the Clerk of the Court for a fee of $15.00 per defendant, checking back with the court prior to the hearing to see if the receipt for certified mail was returned; the person who completes service completes the Proof of Service form, Judicial Council Form SC-104, filed with the Court five (5) days prior to the hearing date - with no proof of service on file the matter may be continued or will be automatically dropped from the Court’s calendar, and the Plaintiff must then request the matter be reset; papers never served by the plaintiff - a non-party, a professional process server or the sheriff's department for a fee; service at least 15 days before the trial date if the defendant lives in the county and at least 20 days if the defendant lives outside the county, 10 additional days for substituted service or certified mail, the trial continued if service is not completed in time; the small claims advisor at (209) 742-5322, located at 5092 Jones Street, Mariposa, CA 95338; extra copies of documents for the other side and the judge, shown to the opposing side before they are presented to the court; a subpoena or a subpoena duces tecum issued by the court clerk; many cases scheduled for the same time, each given limited time; the forms completed online for free at www.courts.ca.gov/forms.html.
Mariposa County Superior Court — If you can't afford to pay
A request to reduce the amount owed on a traffic ticket, with proof of not having the financial means to pay the fine, considered at any point in the process but answered only after a plea of guilty or no contest; the court's new online request tool (recommended), MyCitations, to enter a plea and make an ability to pay request on eligible infractions without going to court - with a payment plan, more time to pay or community service instead of paying fines and fees, also for a case currently in collections; or form TR-320/CR320 - Can't Afford to Pay Fine: Traffic and Other Infractions (the clerk's office for information on the form); an additional fee of up to $100 the court may add if the defendant does not act by the date on the citation and reminder notice, a reduction requested at any time while the fines remain unpaid; payment plans approved for no more than $25 per month on an approved ability-to-pay request; fines and fees owed from a misdemeanor or felony offense not eligible; the online tool not used to contest the citation, attend traffic school or get a dismissal or reduction of charges with proof of correction.
Mariposa County Superior Court — eFile
Electronic filing with the Court through Odyssey eFileCA, which allows users to open court cases and e-file documents anytime and from anywhere - although not required, parties are encouraged to participate in electronic filing and service; as of July 1, 2024, a credit card processing fee of $1.00 minimum applied to e-file transactions (a contractual credit-card convenience fee), no fee charged if a case type is not applicable or there is a court waiver approved; documents not currently viewable to the public online - when they become viewable on the court's online case information portal, the court will follow California Rules of Court, Rule 2.503; the court cannot redact documents that are electronically filed - the filer solely responsible for redacting all documents (social security numbers, driver's license numbers and other sensitive information) prior to submission; the contact telephones (209) 966-2005 and (209) 966-6599.
Mariposa County Superior Court — Court Call Telephonic appearance
A party may appear by telephone at any Civil or Family Law hearing that is not a contested hearing, an OSC, a Jury or Court Trial; the request made and notice given 24 hours in advance of the hearing (the court may allow telephonic appearance even if proper notice is not given), by phone, fax, mail or in person; the requesting party responsible for contacting CourtCall (1-888-882-6878), and CourtCall noticing the court by email that the party has set up a Court Call; the court may require a personal appearance at a hearing if it determines it would materially assist the case, and may stop a telephonic appearance if it determines a personal appearance is necessary and continue the matter to allow such to take place.
Mariposa County Superior Court — Collections
Payment of delinquent fines and fees for Mariposa County Superior Court - Criminal, Traffic or Family Law matters - online (Pay Now, with the Payment Instructions), by mail or in person; a case referred to the Franchise Tax Board paid by payment arrangements with the Franchise Tax Board, no payment made to the court; the court's Comprehensive Collection Program pursuant to Penal Code Section 1463.007 - Collections interviews the individual and arranges an installment payment plan for the majority of traffic, misdemeanor and felony cases, court-appointed attorney fees, and some Family Law and Probate filing or investigation fees ordered by the Court; payments due on or before the date set by court collections, a late payment possibly bringing a warrant for arrest, a financial evaluation or modification of payments requested from the Collections Division; on a default the full unpaid balance due immediately, a civil assessment of $300.00 possibly added (as printed), the Court ordered probation possibly revoked or a warrant issued; a person whose case is in Court Collections may be allowed to appear before a Judge to dispute or explain any extenuating circumstances; an ability-to-pay reduction of an infraction fine, online through MyCitations or in person, at any point before the fines and fees are fully paid (misdemeanor or felony fines and fees not eligible); bi-monthly statements; payments by mail to Mariposa County Superior Court, PO Box 28, Mariposa, CA 95338, with the name and account number, by personal check, cashier's check, money order, credit card, or cash (cash in person at the counter only), credit card payments online; the Collections Division by mail, telephone or email, with the name, date of birth and any case and/or account numbers, at (209) 966-5711, fax (209) 742-6860.
Mariposa County Superior Court — Child Custody Recommending Counselor
When parents cannot reach an agreement about custody and visitation, California law states that they must first meet with a professional mediator (Child Custody Recommending Counselor) before their hearing; when parents do not agree, recommendations to the parents and the court in the child(ren)'s best interest; the date and time for child custody recommending counseling set by the court - a parent who lives more than 120 miles away from the courthouse or has a documented medical condition that prohibits traveling lets the Judge know and may request Telephonic Appearance at Child Custody Recommending Counseling; Child Custody Recommending Counseling located at the main Courthouse at 5088 Bullion Street, Mariposa, CA 95338; no child(ren), friends, relative, spouse or significant others brought to the appointment - CCRC is just for the parents, only parents to the case may go to Family Court Services except for certain situations when there is a Domestic Violence Restraining or Criminal Proactive Order, and the parents can have a silent support person with them in session; the child(ren) not brought to court or to CCRC unless a judge or a commissioner specifically says so, or the CCRC has requested a minor interview appointment at Family Court Services - a child's wish to speak with the judge explained in the court paperwork or to the counselor; if the other parent does not go to the CCRC appointment given in court, the court date kept and the judge/commissioner deciding what happens next; the free online parent education course Parenting After Separation and other resources.
Court of Appeal, Fifth Appellate District — Administrative Order 2023-3-10: Order on Multiple Volume Electronic Clerk's and Reporter's Transcripts
Effective April 11, 2023, electronic clerk's and reporter's transcripts consisting of multiple volumes are submitted as a single PDF while maintaining the individual components outlined in rules 8.74 and 8.144, to comply with the 300-page per volume requirements (HILL, P.J.).
Court of Appeal, Fifth Appellate District — Administrative Order 2022-3-14: Order Substituting Video-Conferencing for In-Person Oral Argument (rescinded; in-person appearance resumed)
The court rescinds its April 13, 2020 order that suspended in-person oral argument: the option to appear in person resumes as of the May 2022 oral argument calendar, and the parties may still elect to appear via CourtCall or videoconferencing; the courtroom is open to the public with limited seating (face coverings may be required) and all sessions are live-streamed on the court's website; the court reserves the authority to modify the methods for appearances (HILL, P.J.).
Court of Appeal, Fifth Appellate District — Local Rule 8: Electronic Filing
Electronic filing under rule 8.71 through TrueFiling, mandatory for attorneys unless exempted and voluntary for self-represented litigants: registration at tf3.truefiling.com/register with a current e-mail address (rule 8.32); searchable PDF documents of 25 MB or less, consecutively Arabic-numbered from the cover, briefs under rule 8.204 with bookmarked tables of contents and original proceedings bookmarked to each exhibit; a user ID and password is an electronic signature; appendices, agreed and settled statements (rules 8.124, 8.134, 8.137) and administrative records (rule 8.728(b)) in electronic form, with an electronic copy of any ordered reporter's transcript (rule 8.144(d)(1)); personal identifiers redacted to the last four digits (rule 1.201); sealed and confidential material under rules 8.46 and 8.47; transmissions complete before midnight; a technical failure (the system unable to accept filings for more than one hour after 12:00 noon) moves the due date to the next court day and a late filing comes with a motion to accept it as timely (rule 8.77(d)); registration is consent to service (rule 8.78(a)(2)(B)); vendor fees are recoverable costs (rule 8.278(d)(1)(D)), with fee-waiver parties and Government Code section 6103 entities exempt; exemption by motion (rule 8.71(d)) or a paper filing with a declaration where conversion is not feasible (rule 8.71(g)); noncompliance may be sanctioned.
Court of Appeal, Fifth Appellate District — Local Rule 4: Telephonic Oral Argument
Telephonic oral argument is available to all parties: a party requesting argument returns the court's questionnaire designating the time requested and the arguing attorney or self-represented litigant; the appearance process is described on the court's website; counsel or the party stays available for the scheduled time until argument is completed (an unavailable party is treated as failing to appear); a landline is encouraged and a cellular caller pauses for the Justices' questions; deviations by appointed or retained counsel require the court's express prior approval.
Court of Appeal, Fifth Appellate District — Local Rule 3: Writ Petitions, Supporting Records and Stay Requests
Writ petitions: every petition for an extraordinary writ other than habeas corpus carries a completed Appellate Court Writ Petition Information Sheet; a petition reviewing a trial court ruling attaches the order or judgment, all documents submitted to the trial court for and against the petitioner's position, and a transcript of the proceedings (or counsel's declaration explaining why none is needed or available and fairly summarizing the proceedings and the basis of the decision); a party who files electronically under Local Rule 8 submits no copies, a paper filer an original and one unbound copy on white paper without tabs or a red cover in lieu of rule 8.44(b)(3) and (5), and a self-represented habeas petitioner only the original; a stay request explains the urgency and the time constraints, or the stay may be summarily denied.
Court of Appeal, Fifth Appellate District — Local Rule 2: Mediation Program for Civil Appeals
The court's Judicial Mediation Program for civil appeals (other than appeals under Welfare and Institutions Code sections 300, 601 and 602 and Family Code section 7802, conservatorship and guardianship matters and the other appeals the rule lists): on a civil notice of appeal the clerk sends instructions for the nonconfidential Civil Appeal Case Screening Questionnaire, whose late return may dismiss the appeal without prejudice to reinstatement or bring sanctions; filing the notice suspends the record-designation, cost-deposit and briefing provisions of rules 8.121, 8.124 and 8.216 (not the superior court's deposit under Government Code section 68926.1 and rule 8.100(b)(2)); within 14 calendar days of the questionnaires the court says whether it selected the appeal for mediation with a sitting Justice (the suspension continues until mediation is complete; otherwise it ends, and the parties may still stipulate into the program); the parties send the Justice mediator a confidential Mediation Statement at least seven calendar days before the session with the listed contents (parties and counsel, insurance, approvals and consents needed, prior settlement efforts, Code of Civil Procedure section 998 offers, facts and law, damages, liens, attorney's fees); parties and counsel attend in person with full settlement authority; mediation communications are confidential; monetary sanctions may follow a noticed motion or the court's own motion; a mediating Justice does not sit on the merits.
Court of Appeal, Fifth Appellate District — Local Rule 1: Augmentation of Record and Correction of Omissions from Record
Augmentation of the record: counsel do not move to augment for items omitted from the normal criminal record but notify the superior court clerk, who complies with rule 8.155(b); appellant's augmentation requests go in one motion within 40 days of the filing of the record and respondent's within 30 days of the opening brief, later motions only on good cause for the delay; a motion to augment or correct the clerk's transcript is accompanied by certified copies of the documents (or identifies them with specificity and explains the omission), submitted electronically as a separate PDF formatted under Local Rule 8, which may exceed the 300-page limit of rules 8.124(d)(1) and 8.144(c)(1) if 25 megabytes or smaller; a reporter's transcript motion identifies the portion with specificity (the reporter's name, the hearing date) and shows how it may be useful; in civil cases a motion to augment does not extend any time automatically (ask for an extension in the motion); motions are made in good faith, not for delay.