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Sixth Appellate District (Circuit 6) · official circuit site ✓
Preview of 25 instruments. All 32 county-scoped rules → search all three layers.
Chapter 9 (Appellate Division; Rules 9.1 to 9.6): the appellate division's jurisdiction over infraction, misdemeanor and limited civil cases and its writ jurisdiction (Rule 9.1); panels of no more than three (3) judges, and a single judge for traffic appeals and small claims writ petitions (Rule 9.2); procedures, all notices, petitions, motions and applications filed at the Salinas courthouse and addressed to the presiding appellate judge, filing fees - none for a notice of appeal in a criminal case, three hundred thirty dollars ($330) in a limited civil case over ten thousand dollars ($10,000) - and fee waivers (Rule 9.3); the record on appeal - the original trial court file in lieu of a clerk's transcript, statements on appeal and transcripts in criminal appeals (Rule 9.4); three (3) copies of an original brief (Rule 9.5); and hearings on the first Thursday of every month at 4:00 pm in Department 3, oral argument waived by a party who does not return the waiver form or is not present at calendar call (Rule 9.6).
Chapter 8 (Attorney Fees – Default and Uncontested Matters; Rules 8.1 and 8.2): the schedule of attorney fees in default cases and judgments under Code of Civil Procedure section 585(a) - 25 percent under $2,000, then from 20 percent (or $500.00) to 12 percent (or $1,500.00) up to $25,000.00, ten percent (10%) between $25,000.00 and $50,000.00 and five percent (5%) of any additional sum, the plaintiff keeping the right to have the fee fixed by the court (Rule 8.1); and a $450.00 fee to the prevailing party in an unlawful detainer default hearing, with increased fees by motion in unusual cases (Rule 8.2).
Chapter 7 (Law and Motion; Rules 7.1 to 7.13): law and motion judges designated by the Presiding Judge (Rule 7.1); civil law and motion matters heard in Monterey, as reflected on the court's website (Rule 7.2); the matters included (Rule 7.3); stipulated continuances, the clerk's office notified at least two court days prior (Rule 7.4); matters needing more than fifteen (15) minutes specially reset (Rule 7.5); uncontested civil matters set on Local form CI-133 at least 15 days prior to the date requested (Rule 7.6); remote appearance in non-evidentiary law and motion hearings (Rule 7.7); tentative rulings under California Rules of Court, rule 3.1308(a)(1) (Rule 7.9); ex parte applications under rules 3.1200 – 3.1207, filed by 10 a.m. on the court day preceding the hearing date (Rule 7.11); the executed original of an amended pleading e-filed as a separate document (Rule 7.12); and the Discovery Facilitator Program, whose rules are posted on the court's website (Rule 7.13).
Chapter 6 (Civil Department; Rules 6.1 to 6.15): the civil division - the supervising civil judge and a minimum of two (2) other judges, a direct calendar system with the Notice of All Purpose Case Assignment and Setting of Case Management Conference served with the summons and complaint, at the Monterey Division Courthouse, 1200 Aguajito Road (Rules 6.1 and 6.2); case and trial management rules for civil cases other than domestic relations, adoption, probate and unlawful detainer (Rule 6.5); complex litigation under California Rule of Court, rules 3.400 to 3.403 - e-filing, motions on the complex law and motion calendar at 8:30 am and case management conferences at 9:00 am (Rule 6.6); case disposition (Rule 6.7); the initial Case Management Conference set at least 120 days, but no later than 180 days, from the filing of the complaint (Rule 6.8); case management conferences (Rule 6.9); trial continuances under California Rules of Court, rule 3.1332 (Rule 6.10); trial management orders and reports (Rule 6.11); the Court-Directed Mediation Program - eligible cases, mediation completed at least thirty (30) days before the next conference, written mediation statements no later than five (5) calendar days before the first session, and complaints about mediators (Rule 6.12); a mandatory settlement conference set approximately thirty (30) days prior to the trial date (Rule 6.13); remote appearance (Rule 6.14); and collection actions, alternative dispute resolution and other matters (Rule 6.15).
Chapter 4 (Probate Department; Rules 4.1 to 4.165): the rules supplement the Probate Code and Title 7 of the California Rules of Court (Rule 4.1); the probate judge, consolidation of related cases, probate notes and tentative rulings, and contact with the research attorneys and probate examiners (Rules 4.2 to 4.5); captions, amended pleadings, street addresses for fiduciaries and local forms (Rules 4.10 to 4.13); probate matters heard in Monterey on Wednesdays, ex parte applications, appearances and continuances (Rules 4.20 to 4.23); the contents and form of orders (Rules 4.30 and 4.31); due diligence, withdrawal of counsel, survivorship, spousal or domestic property petitions and compromises of a minor's or incompetent's claim (Rules 4.35 to 4.39); beneficiaries, declinations and consents, the Confidential Statement of Birth Date and Driver's License Number, and multiple fiduciaries (Rules 4.50 to 4.53); accounts, creditor claims, distribution, receipts, discharge and no-asset estates (Rules 4.60 to 4.71); conservatorships and guardianships - contact information, notice to the court investigator, temporary letters, appointed attorneys, bond, residence outside California, substituted judgment, appointment of conservators, LPS conservatorships, the investigator's report filed at least fifteen (15) calendar days in advance of the hearing, changes of address, court reviews, accountings, final accounts within ninety (90) days, waivers, trusts, resignation and court investigator fees (Rules 4.80 to 4.111); general guardians, their duties, accounts and annual review (Rules 4.120 to 4.123); sales of real and personal property and brokers' commissions (Rules 4.130 to 4.138); trustees' accounts (Rule 4.150); and the compensation of attorneys, paralegals, court-appointed counsel and fiduciaries, and extraordinary compensation (Rules 4.160 to 4.165).
Chapter 3 (Juvenile Department; Rules 3.1 to 3.25): the filing deadline for Welfare and Institutions Code section 602 petitions, no later than 2:00 pm on the day prior to the first detention/appearance hearing (Rule 3.1); applications to set a juvenile matter on calendar no later than two (2) court days before the requested hearing date (Rule 3.2); the presiding juvenile judges and the juvenile justice sessions at 1422 Natividad Road, Salinas (Rules 3.3 and 3.4); electronic filing (Rule 3.5); in contested dependency matters, trial briefs at least one (1) week prior to the hearing and notice three (3) court days prior when a contested hearing is not going forward (Rules 3.6 and 3.7); the Court Appointed Special Advocate program and child advocates - their functions, appointment and duties, access to information, notice, calendar priority, visits, family law advocacy and right to appear (Rules 3.10 to 3.18); representation in juvenile dependency proceedings - attorneys for children, screening for competency, minimum standards of education, training and experience (a minimum of eight (8) hours of training), standards of representation and complaints about appointed attorneys (Rules 3.19 to 3.23); a Court Appointed Special Advocate as guardian ad litem (Rule 3.24); and how an interested person informs the court of a dependent child's interests (Rule 3.25).
Chapter 2 (Monterey Division; Rules 2.2 and 2.4, Rules 2.1 and 2.3 repealed): the actions and proceedings commenced in the Monterey Division - probate of an estate, termination of a life estate or joint tenancy, guardianship and conservatorship, and all civil proceedings, including family law, civil domestic violence, harassment, Department of Child Support Services, paternity, adoption, small claims and vehicle forfeiture proceedings (Rule 2.2); and the supervision of calendars - civil matters by the Supervising Civil Judge, family law matters by the Presiding Judge, the Supervising Family Law Judge, or a judicial delegate - all maintained by the Clerk of Court (Rule 2.4).
Chapter 19 (Miscellaneous Rules; Rules 19.1 to 19.16): conformed copies (Rule 19.1); sanctions (Rule 19.2); no electronic recording without approval of the court (Rule 19.3); exhibits - items not received, conditions for acceptance, diagrams and charts no larger than twenty-seven (27) inches by forty (40) inches without prior order, and the return of exhibits in traffic cases (Rule 19.5); video depositions (Rule 19.7); copies of pleadings, judgments and orders (Rule 19.8); legal document assistants (Rule 19.9); court reporting services (Rule 19.11); filing of cases (Rule 19.12); interpreter services (Rule 19.13); media coverage under California Rules of Court, rule 1.150 (Rule 19.14); judicial disqualification (Rule 19.15); and local forms (Rule 19.16).
Chapter 18 (Jury Rules; Rules 18.1 to 18.4): the Court Executive Officer as Jury Commissioner (Rule 18.1); the jury selection program - source lists, a consolidated countywide master list excluding persons who completed jury service in the prior two (2) calendar years, random selection, summons by first-class mail and combined jury panels (Rule 18.2); excuses, deferrals and transfers of jury service (Rule 18.3); and special venires (Rule 18.4).
Chapter 17 (Duties of Attorneys; Rules 17.1 to 17.8, Rules 17.4 and 17.6 repealed): notice to the court of the settlement of a case on the trial calendar (Rule 17.1); one (1) attorney on each side examining a witness (Rule 17.2); the client's address, email and telephone number when an attorney withdraws (Rule 17.3); the date of any pending trial or hearing on filed documents (Rule 17.5); written notice two (2) court days before a judgment debtor examination that is not proceeding (Rule 17.7); and orders and judgments after hearing - preparation, approval as to form, transcripts, sanctions, the judicial signature line, and cases in which the Department of Child Support Services has appeared (Rule 17.8).
Chapter 16 (Mental Health Department; Rules 16.1 to 16.5): the mental health judge designated by the presiding judge (Rule 16.1); Lanterman-Petris-Short Act cases heard on Fridays at 1:30 P.M. (Rule 16.2); jury trial dates set by the mental health judge (Rule 16.3); LPS commitment petitions, closed hearings and counsel's duty to advise the respondent of rights (Rule 16.4); and petitions to restore the right to possess a firearm under Welfare and Institutions Code section 8103(f)(1) (Rule 16.5).
Chapter 15 (Superior Court Writs and Petitions for Review; Rules 15.1 to 15.6): petitions for writ of habeas corpus by petitioners in state custody, filed and decided in the Salinas courthouse by a single designated judge (Rule 15.1); felony writs addressed to the presiding judge (Rule 15.2); administrative writs under Code of Civil Procedure section 1094.5 - the administrative record lodged in electronic format only no less than 30 days before the hearing, its sections and file names, a joint appendix where the record exceeds 2,000 pages, and briefing (Rule 15.3); traditional writs of mandamus under section 1085 (Rule 15.5); and briefing schedules - the opening memorandum at least 45, the opposition 25 and the reply 15 calendar days before the hearing - and limits of 7,500 words (5,000 for a reply) with a word-count certification (Rule 15.6); Rule 15.4 is reserved.
Chapter 14 (Criminal Law Department; Rules 14.1 to 14.18): new felony charges filed no later than 11:00 am the day set for arraignment and new misdemeanor charges no later than 2:00 pm for the next day's arraignment calendar (Rule 14.1); matters placed on calendar no later than two (2) court days before the requested hearing date, with the felony grist calendar deadlines (Rule 14.3); motions under Penal Code sections 995 and 1538.5 noticed within ten (10) court days (Rule 14.4); other pretrial and discovery motions, and informal discovery requests deemed made (Rule 14.5); the pre-trial conference calendar and its trial brief, due by 12:00 noon on Friday for felony cases and 3:00 p.m. on Friday for misdemeanor cases (Rule 14.6); the jury trial readiness calendar, continuances and trailing (Rule 14.7); misdemeanor evidentiary pre-trial motions filed ten (10) court days before the hearing (Rule 14.8); modification of sentence (Rule 14.9); appointment of the Public Defender, conflicts referred to the Alternate Defender's Office (Rule 14.10); property bonds (Rule 14.12); the local criminal bail schedule, reviewed annually (Rule 14.13); trials by declaration (Rule 14.14); night court on the last Monday of every month (Rule 14.15); traffic school (Rule 14.16); motions to re-open a case adjudicated by bail forfeiture within ninety (90) days (Rule 14.17); and one sixty (60) day extension granted by the clerk (Rule 14.18).
Chapter 12 (Setting of Contested Family Law and Adoption; Rules 12.1 to 12.5, Rules 12.6 and 12.7 repealed): contested family law set for settlement conference and setting of trial on an At-Issue Memorandum (Local form CI-120), and adoption, nullity, civil and family default and prove up hearings set on a Request to Set Hearing (Local form CI-133) (Rule 12.1); the At-Issue Memorandum - the settlement conference and trial setting about fifteen (15) days after it is filed, and the disclosure declarations required first (Rule 12.2); a Counter At-Issue Memorandum within ten (10) days (Rule 12.3); and the dates trial counsel is not available, in short cause and long cause cases (Rules 12.4 and 12.5).
Chapter 11 (Parenting Coordinator Guidelines; Rules 11.1 to 11.8 and an attachment): the role of a Parenting Coordinator (Rule 11.1); selection and appointment - only upon the stipulation of the parties and subject to the court's approval, for a term usually at least one (1) year and not more than three (3) years, with the recommended qualifications, fees, and withdrawal and removal (Rule 11.2); the coordinator's powers - binding first-level decisions on daily routines, services and minor alterations in the schedule, and second-level recommendations adopted as an order unless a party files and serves a motion objecting within twenty (20) calendar days of service (Rule 11.3); implementing decisions and recommendations (Rule 11.4); cooperation and communications (Rule 11.5); financial and property issues outside the coordinator's authority (Rule 11.6); quasi-judicial immunity, the coordinator's file not subject to subpoena (Rule 11.7); and the form of order (Rule 11.8), with the attached Stipulation and Order re Appointment of Parenting Coordinator.
Chapter 10 (Family Law Department; Rules 10.1 to 10.13): law and motion - calendars at the time and place set by the Court, meet and confer, one stipulated continuance, matters assigned to commissioners, tentative rulings, responsive and reply declarations at least nine (9) and five (5) court days before the hearing on a Request for Order without temporary orders (five (5) and two (2) court days with them), special settings for matters over ten (10) minutes, declarations, attorney and expert witness fees, remote appearances under Local Rule 1.8, and electronically stored evidence (Rule 10.1); settlement conferences (Rule 10.2); child and spousal support (Rule 10.3); the family law facilitator and Self Help Center (Rule 10.4); parent orientation before the first Family Court Services Mediation or Child Custody Recommending Counseling session (Rule 10.5); mediation of child custody and visitation disputes, with a ten (10) day rescission period for agreements (Rule 10.6); the court-ordered Fact-Based Inquiry, each party's questionnaire completed within seven (7) days (Rule 10.7); psychological and custody evaluations (Rule 10.8); professional and non-professional visit supervision (Rule 10.9); the Department of Child Support Services (Rule 10.10); family centered case resolution (Rule 10.11); emancipation of minors (Rule 10.12); and duplicate filing, confidential documents filed separately with a cover sheet (Local Form CI-153), pleadings for an adverse party, sanctions, dismissal on the court's own motion, the communication protocol for domestic violence and custody orders, complaints about Family Court Services professionals, limited scope representation and non-CLETS orders (Rule 10.13).
Chapter 1 (Court Access and Administration; Rules 1.1 to 1.10): the presiding judge, whose term is two years (Rule 1.1); calendar assignments under the direct calendar system (Rules 1.2 and 1.3); judicial assignments designated before the end of each calendar year (Rule 1.4); court holidays (Rule 1.5); the clerk as elisor (Rule 1.6); electronic filing of documents required in all case types, excepting appellate department cases, through the court's electronic service provider(s) (Rule 1.7); remote civil proceedings under Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672 - notice on form RA-010, opposition on form RA-015, small claims trials and child support hearings set in person unless a Notice of Remote Appearance is filed at least ten (10) court days before, the exhibit guidelines for remote trials, the probate confirmation-of-sale and juvenile justice provisions, and the bar on recording (Rule 1.8); remote criminal and traffic proceedings only with prior express authorization obtained no less than two (2) court days prior to the proceeding, on Local Court Form CR-117 (Rule 1.9); and the Joint Committee on the Elimination of Bias (Rule 1.10).
The guidelines for Civil, Family, Domestic Violence, Civil Harassment & Small Claims matters (January 1, 2023): exhibit stickers (numbers for Petitioner/Plaintiff, letters for Respondent/Defendant), page numbers, an Exhibit List and an Exhibit Packet; the packet shared with the other party no later than 5 business days prior to the trial or hearing; for remote appearances, the packet delivered to the Court at least two (2) business days prior, sealed and labeled, in person Monday through Friday between 8:00 a.m. and 4:00 p.m. or by carrier to 1200 Aguajito Road, Suite 100 - never in the court drop-box; no communications to the judge with the exhibits; and presenting exhibits on Zoom.
The court's order (purpose, policy, violations and procedures): no one except authorized court and court security personnel may activate any camera, microphone, recorder, or broadcasting device in or into any courtroom or courthouse where the court conducts business, except as permitted by California Rule of Court 1.150 or by order; violations, incident reports and sanctions; requests for coverage on Judicial Council form MC-500 with a proposed order on form MC-510, filed at least five (5) court days before the proceeding, the exceptions to the five-day rule, and requests to image or photograph court documents filed two (2) days in advance; adopted by Lydia M. Villarreal, Presiding Judge.
The court's Zoom Remote Appearance Rules and Information page: Zoom remote appearances in all civil case types, with links to the local rules for remote civil and remote criminal proceedings; prior express authorization from the court required for a remote appearance authorized by law, otherwise the appearance is in person; notice on form RA-010 and evidence submitted and served before the scheduled date; video-only remote appearance in Department 14; recording of a proceeding absolutely prohibited (California Rules of Court, rule 1.150); and the court's Zoom instructions - account and software, testing before every session, settings, and recommendations on headsets, connections and backgrounds.
The Family Court Services page: Termination of Parental Rights investigations, done through Family Court Services in all case types except Dependency Court (FC 7820) - the hearing usually set no more than 45 days from filing, the report filed at least 5 days before it, the investigation packet completed before interviews are scheduled, and a fee of $550 collected per parent whose rights are being terminated; and a Stepparent Adoption Investigation when the petitioner selects Family Court Services - the investigation, a fee of $450 per family (unless there are different sets of biological parents), the 60-day waiting period after parental rights are terminated before the investigation begins, and the adoption hearing requested once the report is filed.
The court's Requesting an Interpreter page: parties and counsel are required to give the Court notice of any need for interpreting, on the Interpreter Request form submitted to any clerk at the public counter or by email to the Interpreter Coordinator; requests made no later than 15-20 days before the hearing, a request on the day of the hearing risking a continuance; a minimum of 72 hour notice for an additional Spanish interpreter (15 - 10 days for other languages, including American Sign Language); a provisionally qualified interpreter when no certified or registered interpreter is available; cancellation no less than 24 hours in advance; and a Spanish interpreter regularly present in the courtroom.
The court's Probate Investigations page: the court investigators assigned by case type and the addresses for serving them - the Atteridge-Gobell-McNary-Robert Partnership (1200 Aguajito Road, Monterey) for all general conservatorships of the estate only and of the person and estate, and Quest Court Investigations (3050 Fite Circle Ste 106, Sacramento) for all guardianships, all general conservatorships of the person only and all limited conservatorships, each with its email address; the page states that represented parties serve the court investigator by email only.
The court's Probate Court page: probate notes posted approximately two weeks prior to the hearing, updated Friday before the hearing and again Tuesday before the hearing; the probate examining staff (procedural questions, no legal advice); publication in an adjudicated newspaper of general circulation; probate court on Wednesdays in Department 13 at the Monterey Courthouse - 8:30 ex partes and case management conferences, 9:00 estates, 9:30 trusts, 10:00 conservatorships, 10:15 conservatorship accountings, 1:30 guardianships, 2:30 guardianship annual review; evidentiary hearings and trials on the first and second Mondays of each month at 1:30 p.m. in Department 13; no pre-booked hearing dates (the date is assigned when the clerk's office accepts the petition); fees and fee waivers (FW-001-GC and FW-003-GC for guardianships and conservatorships, FW-001 and FW-003 for other probate matters); and form MC-040 for a change of address.
The Family Court Services page: a Marriage of Minor Investigation (no fee), required by law unless the minor is age 17 and has a high school diploma or equivalency certificate - the filing of FL-910, FL-912 and FL-915, the Marriage of Minor Questionnaire, separate interviews, the documents reviewed (certified birth certificates, two types of picture identification, notarized parental consent, letters from employers and pre-marital counselors, guardianship, custody and dependency orders, proof of pregnancy), the report, the judicial officer's private interviews and order, and a 30-day wait before the marriage license; and an Emancipation of Minor Investigation the court may order on an EM-100 petition (with EM-115, EM-109 and EM-130), the packet returned to Family Court Services to set the appointment, and the report provided 10 days prior to the hearing.