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Modoc County, CA
Every published instrument scoped to Modoc County, newest effective date first. 0 circuit-wide and 13 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
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Appendix A, Appellate Division Local Rules (effective 7/1/24, as amended 04/01/2024; A to M): the Appellate Division to convene at times and places designated by the Presiding Judge of the Appellate Division (A); the Presiding Judge of each participating court or their designee to act as the Appellate Division Presiding Judge, rotating every two years, commencing January 1, 2020, in the order Modoc, Sierra, Lassen, and Plumas, to oversee the processing of appeals and appoint the panel judge(s) (B); all briefs bound on the top, with covers in colors as designated by California Rules of Court, rule 8.40(a), no copies required, briefs filed by fax or electronically not required to be bound (C); all motions, including ex parte applications, presented to the presiding judge of the Appellate Division or, where a panel designation has been made, to the presiding judge of the panel (D); motions for augmentation and correction of the record or for additions under rule 8.841 to set forth good cause and any previous motions and to specifically identify each paper, record, or exhibit requested (E); sessions not reported by a court reporter unless a party so requests at least one week prior to the hearing (F); applications for a waiver of fees and costs under rule 8.818 (G); a defendant appealing a misdemeanor conviction who was represented by appointed counsel at trial, or has met the criteria, entitled to appointed counsel on appeal, applications under rule 8.851, appointments made from the list of attorneys maintained by the Appellate Division (H); fax filings accepted during normal business hours at 530-233-6500, each document with the phrase “By Fax” immediately below its title and accompanied by the Facsimile Transmission Cover Sheet (MC-005) as the first page, a party who files a signed document by fax represents that the original is in their possession or control, and a motion to file nunc pro tunc on an error in transmission, with the transmission record and a proof of transmission (I); electronic filings accepted during normal business hours, each document with the phrase “Electronically Submitted” immediately below its title, sent to clerk@modoc.courts.ca.gov with a cover sheet with the name, address, telephone number and email address of the party making the filing, the date submitted, the document submitted and the total number of pages, and an order deeming documents received nunc pro tunc when a technical problem precludes the court from receiving them (J); the presiding judge of the panel to permit appearances by videoconference at oral argument provided all the following conditions are met (K); an official electronic recording transmitted as the record of oral proceedings in a limited civil, misdemeanor or infraction case when the appellant elects a statement on appeal (L); and except as modified, the California Rules of Court (commencing with rule 8.800 et seq.) to apply to the Appellate Division, applications presented to the designated presiding judge of the assigned panel or the Presiding Judge of the Appellate Division (M).
Chapter 1 (Rules 1.01 to 1.07): the rules to be cited as the “Local Rules of the Modoc County Superior Court” (1.01); the rules originally adopted January 1, 2011, and amended January 1, 2015 (1.02); on their respective effective dates the rules, as amended, to supersede all Local Rules previously adopted (1.03(A)); the Judicial Council's preemption of all Local Rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers (Rule 3.20 of the California Rules of Court), the preemption does not apply to trial and post-trial proceedings (including motions in limine), to proceedings under Code of Civil Procedure Sections 527.6, 527.7, and 527.8, the Family Code, the Probate Code, the Welfare and Institutions Code, the Penal Code and other criminal provisions, or to eminent domain proceedings (1.03(B)); the rules construed and applied so as to avoid conflict with the laws of the State of California or the California Rules of Court, the rules do not apply to proceedings in the Small Claims Division unless the text of a specific rule otherwise indicates, and apply to any person appearing without a lawyer as well as to attorneys, the Executive Officer the official publisher of the rules, copies maintained for public inspection in the offices of the Clerk and posted on the Court's website (1.04); the definitions of Rule 1.6 of the California Rules of Court to apply, with the rules' own definitions of "person", "affidavit", "declaration", "Court", "judgment", "in propria persona", "civil", "probate" and "family law" (1.05); the rules amended or repealed, and new rules added, by a vote of the judges of the Modoc County Superior Court (1.06); and all appeals filed with the Modoc Superior Court Appellate Division processed pursuant to Appendix A (1.07).
Chapter 10 (Rules 10.01 to 10.03): counsel to indicate a reasonable estimate of the length of any preliminary hearing at the time of setting or as soon as possible thereafter (10.01); motions to continue the preliminary examination disfavored and denied unless the moving party presents affirmative proof under Penal Code §1050 that the ends of justice require the continuance, a stipulation or a substitution of counsel not by itself good cause (10.02(A)); no motion for continuance of a preliminary examination considered unless submitted in writing no later than 4:00 P.M. of the Friday before the preliminary examination is scheduled (10.02(B)); and a party with in excess of ten (10) exhibits to have all exhibits pre-marked prior to the hearing, with a cover sheet for the clerk (10.03).
Chapter 11 (Rules 11.01 and 11.02): the Court to permit attendance at a traffic school approved by the California Department of Motor Vehicles as a means of resolving traffic infraction charges, the rules of eligibility and procedures made available to the public by the Clerk (11.01); and a trial by declaration under Vehicle Code §40902 afforded upon written request, the defendant required to waive time for speedy trial and to post bail in the full amount specified by the bail schedule, failure to post bail in a timely manner deemed a withdrawal of the request, a person who has posted bail to adhere to the time limits set by the Clerk for declarations, exhibits or other evidence or bail forfeiture to result, and the Court to admit all relevant evidence (11.02).
Chapter 12 (Rules 12.01 to 12.06): Local Rule 5.07 on sanctions and Rule 5-300(B) of the Rules of Professional Conduct of the State Bar of California incorporated and made applicable to criminal actions (12.01); the photographing or recording of any proceeding as determined by the judge presiding over it, subject to CRC Rule 1.150, any request concerning it made to that judge (12.02); pretrial motions in writing with a memorandum of points & authorities, to comply with Rule 4.111 of the California Rules of Court, an order shortening time on ex parte written application under Local Rule 3.03, hearings set on the regular criminal law and motion calendar when no more than a total of 15 minutes is required, no evidence taken there, and counsel to notify the Clerk no later than the third court day prior to the hearing of an extended hearing (12.03(A) to 12.03(C)); a matter placed on calendar on the unanimous written stipulation of counsel and parties, upon approval by a judge (12.03(D)); the Court not to approve a negotiated plea after the trial readiness conference has been conducted and the trial is confirmed, except in extremely unusual circumstances when good cause is shown, counsel to meet and confer prior to the final pretrial conference (12.04); a request for modification of a term of probation set for hearing before the bench officer who imposed the sentence, post-trial motions under the time limits of Rule 4.111 (12.05); and claims by court-appointed counsel for fees submitted in writing with an itemized statement of the services, the time devoted, the sum requested for each item and the expenses, no later than ninety-days (90) from the date the attorney last rendered service, a failure deemed a waiver of the claim (12.06).
Chapter 13 (Rules 13.01 to 13.10): pleadings on the appropriate Judicial Council form where mandated, and documents other than the initial petition and orders to show cause accompanied by a proof of service under Code of Civil Procedure §1013(a) (13.01); the law & motion calendar for Family Law cases held weekly, at 10:00 a.m. each Monday, hearings limited to fifteen minutes, a matter set on the next available trial or long-cause calendar on a sufficient offer of proof or a request for live testimony filed at least twenty-four hours before the hearing (13.02(A)); a “Declaration Re Ex Parte Notice” with Family Code ex parte applications, and orders issued ex parte only on a declaration adequate under Family Code Section 6300 and Code of Civil Procedure Section 527 (13.02(B)); moving and responsive papers served under Code of Civil Procedure §1005 (including on the designated child support agency) and responses served and filed under §1005(b), and alternative relief that a responding party may request in the responsive pleadings (Family Code §213) (13.02(C) to 13.02(D)); counsel and the parties to meet and confer in good faith and exchange documentary evidence prior to any hearing, all stipulations in writing (13.02(E)); a continuance of the initial date for any hearing granted by the Clerk by telephone when the moving party represents that service has been made and the parties agree, the request made before 4:00 PM at least two (2) court days before the hearing, and the requesting party to send a confirming letter (13.02(F)); a moving party's matter dropped to the bottom of the calendar or ordered off calendar on non-appearance, and attorneys to bring their calendars to each hearing (13.02(G)); declarations received in evidence, offers of proof at the Court's discretion and live witnesses under Rule 3.1306 (13.02(H)); orders after hearing prepared under Local Rule 3.07 and sent to the opposing party, the Court Mediator and the support agency where involved, support stipulations on Judicial Council forms (13.02(I)); informal discovery encouraged (13.03); a current Income and Expense Declaration whenever a financial matter is at issue (a new one if filed more than sixty (60) days before the hearing), with W-2's or 1099 forms, the last two (2) pay stubs and, if self-employed, a profit and loss statement, and tax returns filed only with a separate declaration marked “CONFIDENTIAL TAX RETURN” (13.04); court-ordered mediation required prior to a contested hearing on custody or visitation, separate sessions on request where there is a history of domestic violence or a protective order, attorneys not to attend the mediation sessions, children not brought to mediation sessions, the Court Mediator not to provide interpreters, no ex parte application on custody or visitation without first notifying the Mediator, no peremptory challenges of the Mediator, and Family Code §3111 evaluations paid before they begin (13.05); orders resolving custody and visitation obtained before other issues are set for trial, signed custody agreements filed not less than three (3) court days before the hearing, a statement of issues filed at least twenty (20) days prior to trial or ten (10) days prior to the settlement conference, the parties to exchange copies of exhibits at least five (5) days prior to trial, and a motion for an alternate valuation date not less than thirty (30) calendar days before trial (13.06); default judgments on a request to enter default with the original summons and proof of service, the moving party to state on the declaration for default the date of separation, the custodial arrangement and the child support sought, attorney's fees greater than $750.00 supported by a declaration, marital status to terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent, and the form “Notice of Entry of Judgment” with two envelopes (13.07); no property settlement agreement approved unless all of the following requirements are satisfied, proofs of service of the disclosure declarations required by Family Code §2105 filed among them (13.08); the Clerk to submit requests for default or uncontested judgments to the judicial officer, and status-only judgments on an ex parte application for bifurcation (13.09); and the Family Law Facilitator appointed under Family Code §10000, et seq., its services at no cost (13.10).
Chapter 14 (Rules 14.01 to 14.17): every pleading that requires a hearing set on the regular calendar at filing - the conservatorship and guardianship calendar on Mondays at 9:30 A.M. and the probate calendar on Mondays at 10:00 A.M., counsel advised to consult the Clerk - the attorney or self-represented party who files the pleading to select the initial hearing date (14.01); all documents in support of a pleading filed no later than five (5) court days before the calendared hearing (14.02); pleadings executed and verified as required by the Probate Code (commencing with Section 1020) and Rule 7.101 (14.03); the petitioner, not the Court Clerk, to give notice and file the proof of service, a complete copy of the petition served with notice on a person requesting special notice, and on all interested parties when the fiduciary or attorney is requesting extraordinary fees (14.04); probate orders complete in themselves, proposed orders submitted at least five (5) court days before the hearing, continuing payments to a date certain or for a specified period, ex parte applications under Local Rule 3.03 with a separate proposed order and an allegation on special notice, notice to the District Attorney as Public Administrator, contingent heirs listed, Judicial Council form DE-131 for proof by a subscribing witness, and bond (14.05); the petitioner or attorney to appear at any hearing on a petition for appointment of a guardian or conservator and on confirmation of sale of real property or personal property valued in excess of One Hundred Dollars ($100.00), other verified petitions in decedent's estate matters deemed submitted without an appearance (14.06); the matters required in a petition for final distribution, and the terms of any testamentary trust set out in full (14.07); all accounts to comply with Probate Code §§1060 et seq., waivers of accounting given in writing by competent adults (14.08); a petition to establish the fact of death verified, with the instrument and the death certificate attached (14.09); a specific sum requested in all petitions for attorney fees (14.10); extraordinary fees measured by reasonableness and benefit to the interested parties, the petition itemized by date, time and service and the request included in the notice of hearing (14.11); the Court to refer all petitions for appointment of a guardian for an investigation, the petitioner to provide an additional copy for the investigating agency, applications for appointment of a temporary guardian submitted ex parte with a reconsideration hearing within 30 days, and petitions for a general guardian normally calendared for hearing six to eight (6-8) weeks after the petition is filed (14.12); the Modoc County Department of Social Services, the Public Guardian, and a fully completed Judicial Council Form GC-330 and an extra copy of the petition with a conservatorship petition (14.13); deposits into blocked accounts made into federally insured, interest-bearing accounts, the initial deposit not to exceed Ninety Thousand Dollars ($90,000) and no more than One Hundred Thousand Dollars ($100,000) held in a single federally insured depository, the trustee of the account to file a receipt within 30 days, and withdrawals of principal or interest only when ordered by the Court, on a verified application with the following documents attached (14.14); accounts of guardians and conservators, the Court not to favor the waiver of final accounts by the ward (14.15); the conservator to notify the Court of a change of the conservatee's residence within thirty-days (30) (14.16); and the guardian or conservator to notify the Court in writing within thirty-days (30) of the death of the ward or conservatee and to petition to terminate the estate (14.17).
Chapter 15 (Rules 15.01 to 15.05): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile dependency proceedings except to the extent of a conflict (15.01); a weekly master calendar for dependency proceedings, detention matters set for hearing at 1:00 P.M. each Monday, the detaining agency to give notice to the Clerk by no later than 3:00 PM of the immediately preceding court day, or by 12:00 PM (noon) on that day for a hearing at any other time, and timely notice to all parties and counsel (15.02(A) to 15.02(B)); Local Rule 3.03 regarding ex parte applications applies in the Juvenile Court, no matter presented ex parte without prior notice to or waiver by counsel for each party except on good cause and for applications for funding for investigators or expert consultants (15.02(C)); every represented party entitled to competent counsel as defined by Rule 5.660 of the California Rules of Court, attorneys seeking appointment to meet its experience and education standards, applications by parents and guardians for appointed counsel presented by oral request in open court or by request to the Clerk, a Modoc County Public Defender or a private attorney or law firm appointed, attorneys for children appointed from a panel maintained by the Clerk, special appearances discouraged, claims for compensation submitted in writing in the form and time prescribed in Local Rule 13.07, and complaints referred initially to the appointed agency, attorney, or law firm and then in writing to the Presiding Judge (15.03); “Choices for Children” the designated Court-Appointed Special Advocate (“CASA”) program for Modoc County, advocates appointed on request or the Court's own motion, sworn in and bound by the rules, given timely notice of any motion, CASA Reports served not later than five calendar days prior to the hearing at which a Report will first be considered, and CASA matters granted calendar priority (15.04); and the provisions of Welfare & Institutions Code Section 827, et seq., which restrict access to information relating to dependency proceedings (15.05).
Chapter 16 (Rules 16.01 and 16.02): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile delinquency proceedings except to the extent of a conflict (16.01); a weekly calendar for delinquency proceedings, interested persons to confirm the date and time of a calendared matter by calling the Clerk (16.02(A)); and detention matters set for hearing at 1:00 P.M. on Mondays, the detaining agency to give notice to the Clerk by no later than 3:00 PM on the court day next preceding a hearing at any other time, and timely notice of the detention hearing to the Clerk, all parties and all counsel (16.02(B)).
Chapter 2 (Rules 2.01 to 2.16): temporary judges appointed in accordance with Rule 2.810, et seq. of the California Rules of Court, under the supervision of the presiding judge (2.01); proceedings normally not reported by an official court reporter - the civil law and motion calendar, the probate calendar, civil, probate, and family law trials, family law contested hearings and small claims trials de novo among them - the Court, in its discretion, may order that they be reported (2.02(A)); a request for an official court reporter for a proceeding not normally reported made by written notice to the Clerk not less than ten (10) days prior to it, with a $200 deposit on the fee for the first full day (2.02(B)); the party who requested the reporter to notify the Court and the office of the official court reporter not later than 24 hours prior to a proceeding that is settled or continued, or forfeit the deposit (2.02(C)); the policy of the Court to manage all cases from filing and first appearance through final disposition and to resolve cases within the time standards of the Standards of Judicial Administration (2.03); smoking outside public buildings only in designated areas at distances greater than twenty feet from any entrance, no smoking at any time in jury deliberation rooms, and smoking breaks not to exceed ten minutes during each hour of deliberation (2.04); appropriate attire in the courtroom, shoes and shirts required, no garments displaying inappropriate language, signs or symbols, no hats, no eating or gum chewing, and no drinking except by attorneys, parties, court staff and jurors during extended proceedings (2.05); the duties of the Court Executive Officer under Rule 10.610 of the California Rules of Court, and the powers of the Clerk exercised by or at the direction of the Court Executive Officer (2.06); the Code of Ethics for Court Employees adopted (2.07); jury selection boundaries the entirety of Modoc County (2.08); deferring jury service preferred to excusing a prospective juror for a temporary or marginal hardship, a request to be excused for hardship in writing from the prospective juror with a statement of facts, and excuse on the grounds of undue hardship - no available transportation, travel time that exceeds two (2) hours, an extreme financial burden, a risk to property, a disability (a juror under 70 years may be required to furnish verification), the protection of the public health and safety, or the care of another (2.09); the Court does not provide interpreters in general civil cases (including special proceedings, all matters brought under the California Family Code, and all matters brought under the California Probate Code), a party in a general civil proceeding to provide his or her own interpreter, and counsel or the party to notify the Clerk at least forty-eight (48) hours prior to a proceeding at which an interpreter will be required in all criminal and juvenile matters and when the Court approves a fee waiver for witnesses (2.10); the Clerk not to accept for filing papers that do not comply with Rules 2.100-2.119 of the California Rules of Court unless the Court has ordered otherwise for good cause (2.11); FAX filing permitted for all documents in civil, probate and family law matters through the Court's direct FAX filing number (530) 233-6500, the words “BY FAX” immediately below the title, an informational cover sheet, a FAX received after 5:00 P.M. or on a court holiday deemed filed on the next court day, direct filing mandatory when a filing fee is required, and the fee for direct FAX filing $1.00 per page, paid within five court days or by the date of hearing, whichever first occurs (2.12); fee waivers granted by the Clerk under Government Code §68511.3, a separate application with each new case, the Court to order the party bearing costs to pay the waived fees directly to the Court, and no waiver of fees for a court-appointed interpreter for witnesses unless the Court has approved the application (2.13); an attorney relieved under Rule 3.1362 of the California Rules of Court (2.14); a substitution of attorneys or of a party in pro per effective only with the new address, telephone number and state bar number (2.15); and the Clerk to deliver a challenge under Code of Civil Procedure §§170.1, 170.3 or 170.6 with the file to the office of the presiding judge, all civil cases assigned to a particular bench officer for all purposes at the time of the initial filing (2.16).
Chapter 3 (Rules 3.01 to 3.08): this Section Three a guide to the conduct of all civil pretrial matters, subject to Rule 3.20 of the California Rules of Court, and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, and 527.8, the Family Code, the Probate Code, and the Welfare and Institutions Code (3.01); papers in support of or in opposition to a motion to comply with Rules 3.110-3.115 and Rules 2.100-2.119 of the California Rules of Court (3.02(A)); moving, opposing and reply papers filed and served as required by Code of Civil Procedure §1005(b), the Court counting the calendar days for the form of service and then the sixteen court days to the hearing, a hearing on a court holiday set on the next regularly scheduled law & motion calendar, and proof of service of the moving papers filed no later than five (5) calendar days before the hearing (3.02(B)); a party with in excess of ten (10) exhibits to have all exhibits pre-marked, with a cover sheet for the clerk (3.02(C)); failure to file and serve opposition may be deemed a waiver of objections and an admission that the motion is meritorious (3.02(F)); submission without appearance encouraged, notice of non-appearance given no later than two (2) days prior to the hearing date, two (2) court days when an out-of-county judge has been assigned (3.02(G)); Rules 3.1200-3.1207 of the California Rules of Court to govern ex parte matters in general civil law & motion proceedings and in family law and probate discovery, this rule all other ex parte matters (3.03(A)); for the other ex parte applications, notice to all opposing counsel or unrepresented parties in person, by telephone, or by FAX no later than 10:00 AM on the court day just prior to the ex parte appearance, a "Declaration re Notice" with Family Code applications, temporary guardianship petitions and petitions under Code of Civil Procedure §§527.6, 527.7, or 527.8, and the parties to serve copies of the application no later than 12:00 P.M. (noon) on the court day just prior to the hearing and opposition papers at least four (4) business hours prior to it (3.03(B)); uncontested ex parte applications submitted to the Clerk at any time, contested matters scheduled by the Clerk not later than noon of the preceding court day, copies submitted no later than four (4) business hours prior to the hearing, and no application for ex parte relief made by letter (3.03(C)); an order shortening time granted only on a declaration demonstrating good cause, the moving papers delivered no fewer than two (2) court days preceding the hearing (3.03(E)); ex parte writs of attachment or possession, re-application after denial, and stipulated judgments (3.03(F) to 3.03(H)); probate ex parte applications, notice given by no later than 10:00 AM of the court day just prior to the hearing date (3.03(I)); amendment of pleadings under Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473, an amended pleading preferred over an amendment to a pleading (3.04(B)); dismissal on the Court's own motion or on ex parte application when an amended pleading is not filed after a demurrer is sustained with leave to amend (3.04(E)); motions for summary judgment under Rule 3.1350 and Code of Civil Procedure §437c (3.05); the Court generally to grant a continuance of a law & motion hearing on the agreement of all counsel and parties, the party reporting the agreement to notify the Clerk in person or by telephone no later than 5:00 P.M. at least two (2) court days before the hearing and to file a written notice confirming it (3.06(A)); counsel to notify the Clerk and opposing counsel no later than the close of the third court day prior to the hearing date when a matter is likely to require more than a total of 15 minutes (3.06(B)); Rule 3.670 of the California Rules of Court to govern telephonic appearances in non-evidentiary civil law & motion and probate proceedings, requests made through the outside vendor (currently “CourtCall”) (3.06(D)); the prevailing party to prepare a proposed order within ten (10) calendar days where Rule 3.1312 does not govern, the opposing party to approve or object within ten (10) days, and the Court to hold orders not approved for five days (3.07); and writ briefs not to exceed thirty-five (35) pages (reply briefs 20 pages), and writ petitions served in the same manner as a summons and complaint (3.08).
Chapter 4 (Rules 4.01 to 4.08): general civil cases filed or transferred on or after July 1, 1993 subject to the delay reduction rules - service of the summons and complaint and filing of the proof of service within 60 days of case initiation and responsive pleadings within 30 days of service, the Initial Case Management Conference set on the first case management calendar no earlier than the 90th day after case initiation, the plaintiff to serve the Notice of Case Management Conference with the summons, a case management conference statement on Judicial Council Form CM-110 filed and served not later than five (5) calendar days prior to every Case Management Conference, and sanctions, dismissal or the striking of responsive pleadings for non-compliance (4.01); all dates for trial firm, a motion for continuance noticed as soon as possible and granted only upon an affirmative showing of good cause (CRC Rule 3.1332), a stipulation to continue a trial accepted in lieu of a motion when all parties agree in writing, the written stipulation to set forth good cause and to be accompanied by a proposed Order, and each party to file a current case management statement at least five (5) days before the further case management calendar (4.02); counsel and self-represented parties may appear telephonically at all Case Management Conferences, an outside vendor (currently “CourtCall”) to handle the appearances, requests submitted directly to the vendor in sufficient time and notice sent to the Court in writing, the vendor to bill all participants directly, no pay, cellular, or speakerphones, and each participant to cancel his or her telephonic request by contacting the vendor (4.03); the attorneys or unrepresented parties to notify the Court immediately when a case that has been assigned a trial date settles, a notification by telephone followed within five (5) days by a confirmation letter (4.04); a party who wishes to preserve the right to a jury trial to deposit $150.00 with the Clerk no later than the date of the initial Case Management Conference, or at least five (5) days prior to trial in an unlawful detainer action, the party who demanded the jury to pay one day's actual jury fees at the beginning of the second trial day and each succeeding trial day, prompt written notice of a waiver, requests for refunds submitted in writing within 20 days, failure to deposit deemed a waiver, and the other parties to have up to five (5) court days to deposit one day's jury fees after a waiver (4.05); judgment against a defaulting party on proper application, the Court to proceed under Code of Civil Procedure §594 when an answering party does not appear, and the plaintiff required to dismiss parties not served at or before the time of trial (4.06); a party to state whether he or she “passes for cause”, exhibits handed to jurors only after leave is obtained, jury instructions delivered in writing before jury voir dire commences (Code of Civil Procedure §607a), CACI instructions referenced by number and modified instructions to carry a notation of the modification, proposed instructions to conform to Rule 2.1055, and a party who requests a special verdict or special findings to serve and file the request before jury voir dire commences (4.07); and unlawful detainer cases - a disposition goal of one hundred percent (100%) within ninety-days (90) after filing, a proof of service filed within fifteen (15) days and a request to set for trial within twenty-five (25) days after filing or an order to show cause re status, a court trial on the earliest available date within the next twenty (20) days, on a jury demand a settlement conference within the next ten (10) days and a jury trial within the next twenty (20) days, and an ex parte prove-up within six months after a clerk's judgment for restitution (4.08).
Chapter 5 (Rules 5.01 to 5.12): the Court, in its discretion, to determine reasonable compensation for research, general preparation, trial, or other services where law authorizes such fees (5.01); the attorney fees considered reasonable on an application for approval of a compromise under Code of Civil Procedure §372 or Probate Code §3500 - the fee schedule twenty-five percent (25%) for settlement without the commencement of a trial, thirty-three and one-third percent (33-1/3%) for recovery of judgment or obtaining settlement after trial has commenced, and “3. Settlement after filing appellant's opening brief on” / “4. : forty percent (40%).” - subject to variation in cases involving unusual circumstances (5.02); a compromise of a claim of a minor or incompetent person submitted on Judicial Council Form MC-350 with a proposed order on Form MC-351, an order to deposit funds on Form MC-355, the petitioner or counsel to deposit the funds within 48 hours of receipt and to file a receipt on Form MC-356 within 15 days thereafter, a petition for withdrawal of funds on Form MC-357, and the presence of the petitioner and the minor or incompetent person required at the hearing on a compromise in excess of Ten Thousand Dollars ($10,000) unless good cause for non-appearance is established in advance by a letter request (5.03); judgments that show the full names and legal capacities of the parties, full and complete, and a "Proposed Judgment" lodged with the original "Judgment" when Rule 3.1590 of the California Rules of Court requires (5.04); the Court to sign a judgment presented as part of a stipulation for judgment (5.05); civil cases set for settlement conference at the discretion of the Court or voluntarily submitted, all parties prepared to make a bona fide settlement offer with all principals or clients in attendance or available by telephone (requests for non-appearance may be made by letter), and the parties to lodge and serve a brief statement of the facts and the law of the case no later than five (5) calendar days prior to the conference (5.06); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.07); default prove-ups presented in written form or by oral testimony on application to the Clerk for a hearing on the regular civil law and motion calendar (a special setting when more than fifteen (15) minutes will be required), proof by competent evidence of all essential elements (5.08); no judgment by default in any action to quiet title, the application set for hearing on the civil law and motion calendar (5.09); service by publication on ex parte approval, supported by declarations describing all efforts to locate the other party and all due diligence, the summons published once a week for four consecutive weeks, and an alternative manner of publication for an indigent plaintiff/petitioner granted a fee waiver (5.10); a goal of disposition of 100 percent (100%) of small claims cases within thirty-days (30) after filing when all defendants reside in Modoc County and sixty-days (60) when any defendant resides outside, the hearing continued for service if the plaintiff contacts the Court prior to the hearing date, and the Court to dismiss without prejudice a small claims action in which the plaintiff does not appear unless the plaintiff contacts the Clerk in advance, by telephone or in writing, to request a continuance (5.11); and the policy of the Court that a property manager or a rental agent may file an unlawful detainer complaint on behalf of the owner and represent the property owner in the proceeding (5.12).
Chapter 6 (Rules 6.01 to 6.05): the filing agency to submit two copies of the charging document for each defendant, complaints charging in-custody defendants filed no later than one (1) hour before the defendant's first appearance and out-of-custody defendants no later than two (2) days before it (6.01); out-of-court requests for the increase or reduction of bail made, if practicable, to the judge who set such bail, a person requesting a reduction or increase to disclose all prior applications, no defense application for bail or O.R. considered unless the District Attorney has been given adequate notice, and on a Source of Bail Order under Penal Code §1275 a declaration or offer of proof filed and personally served on the District Attorney no later than twenty-four (24) hours before the hearing, the defendant to produce the bail agent, the person proposing to pay the premium and the person proposing to provide the security if so directed (6.02); requests for arrest warrants and search warrants first presented to the District Attorney or Attorney General for approval in writing, and search warrant returns presented to the Clerk (6.03); a Public Defender present for all in-custody arraignment calendars whenever available, a continuance to obtain private counsel generally not beyond fourteen (14) calendar days, the Court to schedule misdemeanor and felony cases not resolved at arraignment for a pretrial or settlement conference approximately two (2) weeks after the arraignment, the defendant personally present at the felony plea/disposition conference unless excused in advance, a preliminary examination set within two (2) weeks if no conference is set, and the case assigned for all purposes to the bench officer presiding over the arraignment (6.04); and leave of court required for filing an amended Complaint or Information after a plea (Penal Code §1009), the amended pleading lodged, the Clerk to mark it “received”, the Court to determine any objection at the next calendared hearing or the party to place the matter on calendar by filing a noticed motion, and the party lodging it to serve a copy immediately on all other counsel or parties (6.05).
Chapter 7 (Rules 7.01 to 7.05): counsel strongly encouraged to meet and discuss actions informally to resolve matters prior to the pretrial or settlement conference, the prosecuting agency to deliver any formal offer for resolution prior to the day of the conference, and defense counsel to have discussed the case and the offer with the defendant (7.01); defense counsel strongly encouraged to have the defendant present unless the Court has given prior approval for non-appearance, both sides fully prepared to discuss the facts of the case and the availability of witnesses, no continuance without actual good cause shown, and the Court prepared to accept dispositions and to set trial dates (7.02); the Court incorporates the requirements of Rule 4.111 of the California Rules of Court for pretrial motions, a motion whose moving papers are not timely filed may be deemed waived, motions to suppress under Penal Code §1538.5 in writing, scheduled on a regular motion date, to describe and list the evidence and state the theory relied upon, and motions to continue any hearing disfavored and denied without affirmative proof under Penal Code §1050, a stipulation or a substitution of counsel not by itself good cause (7.03); counsel to indicate a reasonable estimate of the length of the trial (7.04); and readiness/trial management conferences under Rule 4.112 of the California Rules of Court, all counsel to attend and be prepared to indicate whether they are ready to proceed to jury trial, the defendant present unless a waiver under Penal Code §977(b)(1) has been executed, and after the conference the Court not to accept, without good cause, any plea other than a guilty or no contest plea and admissions to all allegations (7.05).
Chapter 8 (Rule 8.01): discovery governed by Penal Code §§1054, et seq., and by all applicable constitutional, statutory, and decisional law (8.01(A)); the obligation to make discovery an automatic, reciprocal, and continuing obligation (8.01(B)); a discovery motion in writing and subject to the time standards of Rule 4.111 of the California Rules of Court, specific written requests and motions to identify the precise material sought, and any response in writing to state the date, time, and location of availability (8.01(C)); all discovery timely sought so that the attorneys are prepared to discuss the case at the pretrial or settlement conference (8.01(D)); and on a failure to comply, the Court may grant a continuance, exclude the evidence not disclosed, dismiss the case, or order any other relief or sanction (8.01(E)).
Chapter 9 (Rules 9.01 to 9.03): out-of-the-ordinary or unusual motions (e.g. complex or extensive motions in limine) made in writing whenever possible, served upon opposing counsel and filed timely so that they may be heard prior to the trial confirmation hearing (9.01); the policy of the Court to use the instructions contained in CALCRIM in all criminal jury trials, and all jury instruction requests, special findings and verdict forms, and requested jury voir dire questions in writing and delivered to the trial judge and opposing counsel no later than the pretrial conference on morning of the first day of the trial (9.02); and a party with in excess of ten (10) exhibits to have all exhibits pre-marked prior to the trial, with a cover sheet for the clerk that identifies the nature of each exhibit in order (9.03).
The court's Family Court Services orientation packet and intake form for Child Custody Recommending Counseling (CCRC): a referral to CCRC required by law when parents do not agree about child custody and/or visitation; joint CCRC with both parties together in an ordinary office setting, attorneys not taking part; letters of reference, police reports, school records and other important information submitted to the Child Custody Recommending Counselor before the session, with a copy provided to the other party; CCRC suspended and a referral made to Child Protective Services on a reasonable suspicion of child abuse or neglect; a signed agreement delivered to the Judge, who makes a court order based on it, and on impasse a memorandum to the Court recommending that a court hearing be set; for a victim of domestic violence (California Family Law Code Section 6200-6219) or where a restraining order is in effect, a separate CCRC session on request, or a support person pre-approved by the counselor for moral support only, questions to the Child Custody Recommending Counselor at (530) 233-4275; the intake form, for a party ordered by the Court to participate in mediation, returned within five (5) days of its receipt to the Child Custody Recommending Counselor, Modoc County Superior Court, 205 S. East Street, Alturas, the mediation appointment not scheduled until all intake forms are received; and the stipulation under sec 216(a), California Family Code, that the counselor may have ex parte communication between attorneys for any party and the Court, with the parent's affirmation of having read the orientation packet and its Notice to Victims of Domestic Violence
A domestic violence restraining order against a person in a dating, intimate or family relationship; the forms prepared with LawHelp Interactive (an interview program, from 15 minutes to 2 hours, that does not file the forms; an account recommended, a time-out at 2 hours) or from the California Courts' Self-Help Guide, then submitted electronically to modocclerk@modoc.courts.ca.gov or printed and filed with the clerk at the courthouse; a judge reviewing the papers to decide whether to grant temporary protection, the papers picked up from the court and served on the other side - free by the Sheriff's Office at (530) 233-4416, or by a process server or someone 18 or over and not part of the case, never by the filer; a person served with forms DV-109, DV-100 or DV-110 responding with the same tools, the restraining order lasting up to 5 years; Safe at Home and the local resources.
Mediation (child custody recommending counseling) mandatory under Family Code § 3170 before the court hearing on a dispute over child custody and visitation - an agreement drafted and delivered to both parents to sign before the judge's review and approval, or a recommendation prepared by the Mediator/Child Custody Recommending Counselor for the judge, who makes the final decision; for referral, item 2 of the FL-300 Request for Order filled out, the packet filed and the other party served, then the court contacted to schedule mediation with a copy of the Proof of Service; a Mediation Intake Packet submitted and the online orientation completed by both parents before the appointment, the appointment canceled if both parties have not confirmed their attendance two court days before it; separate sessions or a support person (not a significant other) where domestic violence is an issue; sessions of approximately 1 ½ to 2 ½ hours, children brought only if asked; a 15-minutes grace period, the judge notified in writing of a cancellation, no-show or late arrival; a recommending court, the recommendation going to both parents; no ex parte communication with the Mediator, any communication to the Mediator given to the other parent with a Family Court Services Proof of Service; Family Court Services at (530) 251-8205 if no appointment has been scheduled.
A person unable to pay the full fine for an infraction offense (including most traffic tickets) asking the court to reduce it on proof of inability to pay, or for community service, a payment plan or an extension of time - the court answering only after a plea of guilty or no contest; the request made through the court's online request tool or on form TR-320/CR320, Can't Afford to Pay Fine: Traffic and Other Infractions, filed with the Clerk's Office at 205 S. East Street Alturas in person or by mail; an additional fee of $300 possibly added to a delinquent case after notifications; installment payments as low as $25 per month; the clerk's office at (530) 233-6516 ext. 1213; a case in collections using the online tool, a misdemeanor case only the forms.
A gun violence restraining order stopping a person from having, owning or buying firearms, firearm parts, ammunition or magazines; at least four forms (the California Courts' Self-Help Guide), uploaded through the Domestic Violence & Gun Violence Restraining Order Online Submission System or printed and filed with the clerks office at the Hall of Justice with two copies and the original, no fees for filing; a judge reviewing the papers to decide whether to grant temporary protection, the papers picked up from the court and served on the other side - free by the Sheriff's Office at (530) 233-4416, or by a process server or someone 18 or over and not part of the case; a remote appearance at the hearing possible (the Domestic Violence & Gun Violence Restraining Order Petitions section of the Zoom Appearance page); a respondent's steps on the Self-Help Guide.
A summoned juror calling (530) 233-4756 after 5:00 p.m. on the evening before the reporting day, the recording telling whether to report or whether the trial has been vacated; the Jury Duty Questionnaire (a download) and the Jury Duty Online Response; the qualifications for jury service; the one-day or one trial system; a postponement requested of the court, an excuse for undue hardship explained by the judge; jurors paid $15 per day starting on the second day of service and reimbursed at least 15 cents per mile one way; an employer's duty under Section 230(a) of the California Labor Code.
Documents filed signed, dated, organized, two-hole-punched and stapled, with the appropriate number of copies (the clerk cannot accept copies that are not organized and stapled) and the proper filing fees under the Statewide Civil Fee Schedule or an Application for Waiver of Court Fees and Costs; documents filed via fax at the rate of $1.00 per page, the original documents with the appropriate number of copies mailed or brought to the court with the fax filing fee; interpreters through the Language Access Representative at (530) 233-6516 ext. 1223; copies from a case file requested through the clerk's office in person or by mail - what is needed, the case number, case name and payment, with a self-addressed, stamped envelope - at $0.50 per page and $40.00 for certification, the average response time one week; the Law and Motion calendar typically heard the 1st and 3rd Friday at 10:00 am (the Civil Division at (530) 233-6516 ext. 1217); appearances by phone arranged through CourtCall at 1-888-88COURT, telephonic appearances beginning every Monday at 11:00 am; help from the Self Help Facilitator at (530) 233-4444.
Court appearances mandatory on criminal misdemeanor and felony cases and on some infractions, the defendant appearing on the date and time on the release paper or arraignment letter and reporting to the Clerk's Office with identification and the jail release paperwork, notice to appear, bail or bond receipts or arraignment letter (failure to appear may result in a warrant); fines due by the date the judge specifies, paid by mail, in person or through a work program referral by the court (arranged by appearing in court), in cash, personal check, money order or credit/debit card, checks payable to Modoc Superior Court with the case number on the check - unpaid fines without a payment plan referred to the Collections Department, a warrant possible; court-appointed counsel requested of the judge at the first appearance on a financial declaration, a hearing at the end of the case on reimbursement; copies of criminal records requested in writing or at the clerk's office, not by telephone - a check to Modoc Superior Court as stated on the Statewide Civil Fee Schedule (a certified copy an extra $40.00 fee plus $0.50 per copy per page), a stamped envelope addressed to the requester, the defendant's first and last name, the case number if known and the documents wanted; the page quotes Section 1214.1(a) of the Penal Code on a civil assessment of up to three hundred dollars ($300); the Modoc County Victim Witness Advocate at (530) 233-3311.
Juvenile dependency and juvenile delinquency cases, court employees prohibited by law from giving legal advice; information regarding juvenile matters confidential, not given over the phone and given only to persons with a legal right to receive it, such as the juvenile's mother, father or legal guardian; transfer-in hearings generally held on each Monday beginning at 1:00 pm; the Juvenile Division at (530) 233-6516 ext. 1209.
A small claims case filed at 205 S. East Street, Alturas, a lawyer not allowed to represent a party in court (a lawyer may be consulted, and may represent a party in the appeal), the clerks unable to give legal advice; the plaintiff having no right of appeal except on a Claim of Defendant decided against the plaintiff, the defendant entitled to appeal; the limits the page prints - $10,000 for a natural person, no more than two claims over $2,500 in a calendar year, $5,000 for corporations and other entities; the party who filed the case causing the papers to be served - personal service at least 15 days before the court date if the defendant is in Modoc County or 20 days if outside, substituted service at least 25 days before (30 days outside the county) with a second copy mailed first class to the same address, service by the Sheriff, a private process server or anyone at least 18 years of age who is not a party, or by certified mail sent by the court for a fee, the completed proof of service returned to the court before the court date; the hearing date scheduled approximately 45 days out; the suing party required to appear in person unless excepted by Code of Civil Procedure §116.540; a defendant's own claim filed in the same action; the Self Help Facilitator at (530) 233-4444.
A citation for a misdemeanor violation or one that indicates a mandatory appearance requiring an appearance at the Superior Court by 2:00 PM on the appearance date; a failure to appear or pay by the appearance date bringing one or more of a warrant, a DMV hold on or refusal to renew driving privileges, a civil assessment of $300.00 and referral to a private collection agency; driver's license, insurance, vehicle registration and mechanical violations dismissed on proof of correction (POC) with the POC fee by mail or in person by the due date - equipment violations signed off by a law enforcement officer, insurance certified by a clerk, license and registration at the DMV or the court; a courtesy notice stating the bail and the date, the traffic division at (530) 233-6516 ext. 1213 if none arrives five days before the appearance date; a not guilty plea by mail by scheduling a court trial or requesting a trial by declaration - the total bail sent five days before the appearance date, the request made by calling ext. 1213, the declaration forms mailed by the clerk and the bail held in a trust account until the case is decided; a not guilty plea in person by calling before the appearance date; a fine reduction for ability to pay through the MyCitations website.
Every party attending mediation completing the Online Mediation Orientation, about 45 minutes on what to expect in mediation and the Child Custody Recommending Counseling process - the video California Child Custody Mediation: Focus on the Child's Needs, watched in its entirety, and the Family Court Services Information Presentation, reviewed in its entirety (a download if it will not display) - and a Certificate of Completion for each filled out and submitted to the court for filing.
The true first and last name used to join, or admittance may be denied; recording a court proceeding prohibited unless the judicial officer grants permission under Rule 1.150(c) & (d), sanctions under subsection (f); no technical support for Zoom participants; the same rules as in person - appropriate dress, the microphone muted while waiting, unmuted with the camera on when the case is called, no background noise, the full name visible, removal for noncompliance; a telephonic remote appearance through CourtCall at (888) 88-COURT (fees may be applicable), Zoom appearances at no cost; the Zoom links, passcode and toll-free conference numbers the page posts for the courtroom of the Robert A. Barclay Justice Center and for Alturas' Historical Courthouse; a Zoom appearance for Traffic Court scheduled with the Traffic Clerk at (530) 233-6516 option #4; remote appearances in civil, small claims, family law and probate matters under CRC 3.672 and CCP § 367.75 on forms RA-010 and RA-015, in juvenile dependency on RA-025, RA-030 and RA-015; in criminal matters, defendants remote in all misdemeanor proceedings except jury and court trials and in felony proceedings except trials and sentencing, attorneys if appropriate and practicable, witnesses (except at felony trials) with the consent of both parties and the court; the matter possibly continued and a personal appearance required when the judicial officer determines it necessary.