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Trinity County, CA
Every published instrument scoped to Trinity 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.
Showing 1–46 of 46
The notice of July 1, 2025 from the Court Executive Officer: since the Court has been unable to hire its own CCRC after the retirement of the court’s Child Custody Recommending Counselor/Mediator/Court Investigator, all requests for testimony and/or deposition from the counselor the notice names or the contracted CCRC’s coordinated with the service provider directly; each contractor’s rate to testify possibly varying, the contractor considered a non-retained expert witness.
Administrative Order 25-001, signed by Hon. Eric L. Heryford, Presiding Judge of the Superior Court: the Trinity County Marshal authorized to install and operate security equipment - airport-style x-ray machines and magnetometers, and hand-held weapons screening devices - in any facility used by, for, or on behalf of the Trinity Superior Court; all persons entering court facilities submitting their persons and items to weapons screening by metal detection and x-ray equipment operated at the discretion of the Marshal, the screening no more intrusive than necessary; an item that may compromise security inspected, a lawful item that compromises security kept out by allowing the possessor to depart; entry denied to any person who refuses to submit to screening; signage before the entry declaring the screening devices, the reasonable searches and that all persons may leave rather than submit; the Marshal’s sole discretion to exempt any person, court or county employees whose regular office or work station is in a court facility, including judicial officers, and peace officers on official business who display current and valid photographic identification; persons without a valid card key exiting at the security checkpoint staffed by the Marshal, except in emergencies; no person other than a peace officer on official business, an authorized employee or a judicial officer possessing a firearm, knife, tear gas, Taser, stun gun, or similar weapon or device (Penal Code, Sections 171b, 244.5, 17240, and 17250), even with a valid license or permit, the prohibition applying to peace officers not on official business; disobedience punishable as contempt of court.
Standing Order No. 24-01, dated April 22, 2024 and signed by Hon. Eric L. Heryford, Presiding Judge of the Superior Court: under Assembly Bill 199, the maximum civil assessment reduced from $300 to $100 effective July 1, 2022 and all outstanding civil assessments debt as of June 30, 2022 abolished, the court imposing civil assessments at the reduced amount of $100 from July 1, 2022 (Penal Code section 1214.1); effective May 1, 2024, the court discontinuing civil assessments in each eligible case in which a defendant has failed to appear or failed to pay, and all outstanding debt from civil assessments imposed between July 1, 2022 and April 30, 2024 abolished; judicial discretion to impose a civil assessment remaining, subject to ongoing statutory authority.
Section 1 (Rules 1.01 to 1.08): the Rules known and cited as the "Local Rules of Court" for the Trinity County Superior Court (1.01); the Rules shall take effect on July 1, 2021 (1.02); on their effective date the Rules supersede all local court rules previously adopted (1.03); the Rules construed and applied so as not to conflict with the California Rules of Court and liberally construed, not to apply to Small Claims Division actions or proceedings unless the text of a specific rule otherwise indicates, a reference to a law or rule of court deemed to refer to it as currently written or as hereafter amended, the Executive Officer, as Clerk of the Court, the official publisher of the rules, to maintain a set in the clerk’s offices for public inspection and make copies available for sale at a reasonable fee (1.04); the definitions of the California Rules of Court, Rule 1.6, apply to these Rules (1.05(A)); "person" includes corporations, firms, associations, and all other entities, as well as natural persons (1.05(B)); "affidavit" includes declaration and "declaration" includes affidavit (1.05(C)); the use of the masculine, feminine, or neutral genders shall include the others (1.05(D)); "court" shall mean the Superior Court of the State of California, in and for the County of Trinity, and shall include any judge, commissioner, or temporary judge appointed or elected to the court and any judge duly assigned to the court (1.05(E)); "judgment" includes any judgment, order, or decree from which an appeal lies (1.05(F)); the Rules amended or repealed, and new Rules added, by a majority vote of the judges of the court (1.06); once an attorney has made a general appearance in any matter, civil or criminal, the attorney shall appear in the department to which the matter has been assigned at or before the time set for any proceeding (1.07(A)); once the attorney appears, the attorney shall not leave the department until the matter has been called and all proceedings scheduled for that matter have concluded (1.07(B)); the attorney may appear at or before the start of any calendar to notify the court the attorney will be late due to an appearance in another department, and may seek approval of the court to leave in order to appear in matters set in other departments (1.07(C)); an attorney shall not be late for a court appearance or fail to appear except for good cause shown (1.07(D)); counsel who cannot be present at or before the time set shall notify Court Services of the reason and an estimated time of arrival, the clerk to notify the bench officer or the courtroom clerk, conflicting court appearances good cause when counsel complies with the notice requirements (1.07(E)); a violation may subject the attorney to sanctions pursuant to Rules 4.08 and 11.01 (1.07(F)); an attorney who will not oppose a motion filed by opposing counsel shall promptly notify opposing counsel and the Court Services office (1.08(A)); an attorney who has calendared a proceeding and decides to request the matter be dropped from calendar shall promptly notify opposing counsel and the Court Services office (1.08(B)); and a violation may subject the attorney to sanctions pursuant to Rules 4.08 and 11.01 (1.08(C)).
Section 10 (Rules 10.01 to 10.03): a defendant who has received a written notice to appear may contest the citation or ticket by taking one of the following actions (10.01); appear in person at arraignment and plead not guilty, at which time a future date for a court trial will be assigned, no deposit of bail required to appear in court for arraignment or trial (10.01(A)); request a date for combined arraignment and court trial by contacting Court Services during normal business hours, the request received prior to the time to appear, full bail deposited before a trial date is assigned (Vehicle Code §40519), including all assessments under §42006 of the Vehicle Code and §1464 of the Penal Code (10.01(B)); request a Trial by Declaration, "as set forth in Rule 11.06", received prior to the time to appear, full bail deposited at the time the written declaration is submitted (Vehicle Code §40902(b)) (10.01(C)); a request for continuance of court trial received at least ten (10) working days in advance of the trial date, an untimely request not granted unless the interest of justice shall so require (10.02); a defendant may elect to have a trial by declaration as set forth in Section 40902 of the Vehicle Code and Rule 4.210 of the California Rules of Court (10.03(A)); and a failure to appear as promised (FTA) on a traffic infraction will result in the Court deeming that the defendant has consented that the Court may proceed in absentia in a trial by written declaration (Vehicle Code §40903), the case adjudicated solely on the merits of the citing document, the Court to notify the defendant of the disposition and the fines and penalties imposed, and a notice of conviction reported to the California Department of Motor Vehicles (10.03(B)).
Section 11 (Rules 11.01 to 11.05): Rule 4.08 pertaining to civil actions incorporated and made applicable to criminal actions in the court (11.01); where the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, the request in the form of a noticed motion under California Rules of Court, Rule 4.111, the Presiding Judge or his or her designee to hear the motion if the sentencing bench officer is unavailable, nothing in the rule to preclude pro per defendants from sending written requests, no hearing following less than two days’ actual notice to the District Attorney unless time is waived (11.02); as to attorney fees, the rule does not apply to counsel who works under a contract with the County of Trinity or the Trinity Superior Court unless that counsel seeks payment in addition to the sum stated in the contract, it applies to any counsel who seeks the appointment of an expert, and the provisions of PC §987.9 shall control to the extent the provisions of the rule conflict in capital cases (11.03); counsel appointed by any judge who claims reimbursement in addition to any contract consideration shall include in the claim the date of appointment, the case number(s), the name of the appointed client (except in juvenile cases), the date and inclusive times of work billed, the total hours and minutes billed for each entry and a description of the work done, rounding up no more than to the next 1/10ths of an hour (11.03(A)); experts paid the reasonable value of services, no payment unless counsel first obtains the consent of the Court to retain the expert, an application by declaration of counsel to include the file number(s) and party name(s), the type of service, why it is reasonably necessary, the expert’s identity, billing address and hourly rate, qualifications, an estimate of total cost with a not-to-exceed cap, and any license (11.03(B)); before incurring expenses for ancillary services (investigators, experts, paralegals, transcriptionists), a written application for authorization supported by a declaration under penalty of perjury, a reapplication for additional expenditures to include the amounts previously authorized and a summary of funds already paid, ancillary services without prior court authorization only when exigent circumstances exist and an application immediately thereafter, an amount exceeding the authorized amount not paid unless a declaration establishes a reasonable explanation, claims for ancillary services submitted with the claim for services rendered, orders for payment directly to the providers (11.03(C)); attorneys compensated for post-sentencing matters only where specifically appointed or directed by this court to appear or review, the claim presented in the form of a declaration and excepted from the single application requirement (11.03(D)); claims and applications to include points and authorities, supporting declarations under penalty of perjury and proposed orders, submitted regularly or within 45 days of service, a denied claim resubmitted within 30 days with additional facts or an ex parte in-camera hearing within 30 days, the court to act on all submitted claims within 90 days, all applications and orders filed in the confidential portion of the files (11.03(E)); claims for payment made on the Courts Claim Form, provided by the Court Secretary, or on forms substantially the same (11.03(F)); failure to comply, including the time for filing requirement, deemed a waiver of the claim, excused upon good cause shown by declaration submitted with the claim or within 30 days of rejection, or by an application in advance for an extension of up to 30 days, all claims to be made in a single application (11.03(G)); no attorney appointed as defense counsel in a death penalty case after January 1, 2004 unless he or she meets the minimum qualifications of California Rules of Court, Rule 4.117 (11.04(A)); appointed counsel in cases in which the death penalty may be imposed must comply with the additional requirements for pretrial proceedings of Rule 4.119 (11.04(B)); and for trial of Rule 4.230 (11.04(C)); counsel appointed in death-penalty related habeas corpus proceedings must comply with Rule 4.571 when filing a petition (11.04(D)); this court does not accept direct fax filings (CRC Rule 2.304) and will accept filings through a fax filing agency in accordance with CRC Rule 2.303, except the documents identified in CRC 2.300(b) (11.05(A)); and electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (11.05(B)).
Section 12 (Rules 12.01 to 12.08): court designated child custody recommending counselors authorized to render a recommendation to the court as to custody or visitation, which the Court may consider without foundation (12.01(A)); the assignment of counselors an administrative function of Family Court Services, requests to assign or not assign a specific counselor not honored, requests for a change in assigned counselor and reports of general problems made to the Director of Family Court Services, reports about the Director to the Supervising Family Law Judge (12.01(B)); all declarations submitted to the counselor shall comply with California Rules of Court, Rule 2.100, no single declaration to exceed 10 pages nor the total submitted by or on behalf of any parent to exceed 30 pages, first filed with the court with a proof of service, served to ensure actual physical receipt not later than noon of the court day preceding the scheduled mediation session (12.01(C)); a party seeking testimony from the child custody recommending counselor at hearing or trial must make a written request to the Family Court Services office at 11 Court Street, Weaverville, CA 96093 at least three court days prior - when trial is scheduled to commence less than three court days after the Trial Setting Conference, no later than 5pm on the day of the Trial Setting Conference - a request for deposition testimony made in compliance with Government Code §§68097.1 and 68097.2, the party issuing the subpoena to contact the Family Court Services office prior to serving it, and, if electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply (12.01(D)); in any contested proceeding involving custody and/or visitation the court may appoint a child custody evaluator, the court to use Judicial Council form FL-327 (12.02(A)); the court will order payment of the evaluator at the time of the appointment, the evaluator may not withhold a report from the court because of the parties' failure to pay (12.02(B)); the evaluation conducted in conformance with Rule 5.220 by an evaluator who satisfies Rules 5.225 and 5.230 (12.02(C)); any evaluator appointed must file Judicial Council form FL-326, no peremptory challenges allowed (12.02(D)); evaluators may petition the court to withdraw, for good cause, in a writing (12.02(E)); a party may discuss a complaint with the evaluator directly, complaints not resolved informally directed to the appropriate licensing/regulatory board (12.02(F)); at least 10 days before the hearing regarding custody the evaluator shall file the written report and serve it (12.02(G)); reports placed into the case management system as a confidential document, disclosed only to the persons set forth, no party to attach the report to any pleading, substantial sanctions imposed for inappropriate disclosure (12.02(H)); communications with the evaluator governed by Family Code §216 and Rule 5.235 (12.02(I)); the Family Law Facilitator under Division 14 of the Family Code, under the supervision and at the direction of the Presiding Judge or the Presiding Judge’s designee, providing the services of Family Code §10004 and the additional duties of Family Code §10005 (12.03); this rule is intended to implement a family-centered case resolution process in conformance with CRC 5.83 (12.04(A)); the rule applies to all dissolution, legal separation, nullity, parentage and grandparent cases filed after January 1, 2012 (12.04(B)); following the case review, a family law judicial officer may issue a family centered case resolution order without an appearance (12.04(C)); the milestones for disposing of 90 percent of all cases within 18 months - a proof of service of summons and petition filed within 60 days, a request to enter default within 60 days after the response was due, the preliminary declaration of disclosure served within 60 days, and a judgment within 60 days of the entry of default (12.04(D)); an At-Issue Memorandum (Local Form) filed with a proof of service when the case is at-issue and ready to be set for trial, not filed if any affirmative pleading remains unanswered or preliminary disclosures have not been filed, a trial date not set upon the request of a party until it is filed (12.05(A)); any party not in agreement may file and serve a Counter At-Issue Memorandum within ten (10) days after service (12.05(B)); following the filing, the parties shall complete all final disclosures (12.05(C)); temporary spousal support under Family Code §3600 et seq., the “Santa Clara Rule” - 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences - the local formula the Court will use at temporary spousal or partner support hearings except where the application would be inequitable or the demonstrated need is below the formula amount (12.06(A)); a computer generated support calculation attached to all orders after hearing or stipulations with support provisions, including orders for $0 support (12.06(B)); requests for reimbursement of health care and/or child care costs must include a summary, with copies of evidence (12.06(C)); the Family Court Mediator authorized to use a Mediator’s Notice of Hearing (12.07); this court does not accept direct fax filings and will accept filings through a fax filing agency in accordance with CRC Rule 2.303 (12.08(A)); and electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (12.08(B)).
Section 13 (Rules 13.01 to 13.16): the caption of a petition all-inclusive as to the order sought, the caption to so indicate if any part of the estate is to be distributed to a trust (13.01); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by the representative, trustee, guardian, or conservator personally, not by the attorney unless CCP §446(a) authorizes it (13.02); a copy of the petition served with each notice of hearing on a person requesting special notice or where the petition is the accounting of a testamentary trustee, and on all interested parties where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810 (13.03); the moving party shall submit a proposed order for every petition, worded so that its general effect may be determined without reference to the petition (13.04); orders and affidavits of publication filed or lodged at least three court days before the date of hearing (13.05); an order for family allowance limited to six months if no inventory and appraisement has been filed, and to one year if one has (13.06); petitions for statutory fees or commissions before final distribution must contain the information required by CRC Rule 7.701, ordinarily no more than 75% of the statutory compensation allowed before approval of final distribution (13.07(A)); the court may deduct from the personal representative’s statutory commission sums paid for the performance of the representative’s ordinary duties (13.07(B)); statutory compensation calculated on both halves of the community property only when both halves are included in the probate proceeding (13.07(C)); compensation for extraordinary services ordinarily not allowed or paid before the final accounting has been approved, petitions to include the information of CRC Rule 7.702 (13.07(D)); in cases where there is a confirmation of sale hearing, the court will consider $750.00 to be reasonable compensation (13.07(E)); the court will assume $750.00 is a reasonable amount for the preparation of the Federal Estate Tax Return if neither the personal representative nor an attorney provides such information (13.07(F)); costs separately stated and described (13.07(G)); a petition for final distribution shall contain the following matters - all assets on hand, the entitlement of each heir, a computation of the attorney fees and representative commissions, a statement regarding payment of all taxes under Probate Code §9650, an agreement for distribution in kind other than pursuant to the will or intestate succession, a schedule of claims, the terms of any testamentary trust in full, an itemization of costs (ordinary overhead items not proper cost items), the proration of taxes, fees, and costs, separate and community property, any assignment of interest, the trustee’s statement accepting the property or a petition for a substitute trustee, and distribution to a minor or an incompetent under Probate Code §3300, et seq. (13.08); the original Summary of Account and Detailed Schedules filed in any proceeding in which an accounting must be filed pursuant to Probate Code §1060 (13.09(A)); in a guardianship or conservatorship proceeding the documents in support, including every account statement, lodged rather than filed, with a copy of the Summary of Account attached to the top (13.09(B)); the Summary of Account and Detailed Schedules filed and supporting documents lodged within 90 days of the close of the accounting period (13.09(C)); a petition to establish the fact of death verified and with a copy of any instrument relating to any interest in the property and a copy of the death certificate attached as exhibits, no request for fees for services of this character (13.10); a hearing date scheduled for no later than one month after the anniversary date of every order appointing a guardian, the clerk to mail Judicial Council Form GC-251 at least one month before the hearing date, no appearance necessary if the report is filed prior to the date for the hearing (13.11); counsel permitted to appear by telephone on the probate calendar, telephonic appearances not allowed at any proceeding at which witnesses will be called to testify or at settlement conferences (13.12(A)); telephonic appearances through the vendor, Court Call, at (888) 882-6878, unless leave of court is obtained to contact the court directly (13.12(B)); the court may at any time require the personal appearance of any party (13.12(C)); attorney fees in guardianships, conservatorships, and trusts under Section 6148 of the Business and Professions Code - a written contract where it is reasonably foreseeable that the total expenses will exceed one thousand dollars ($1,000.00), where there is no such written contract hourly rates that are customary in Trinity County, fees that may be denied or reduced, only legal fees for counsel appointed by the court in the Order Appointing Conservator, and an attorney fiduciary’s declaration agreeing not to share in the firm’s fees (13.13(A)); petitions for compensation to a guardian, conservator, or attorney shall include the information required by CRC Rules 7.751 and 7.702, the court to evaluate the services as a whole and consider the factors of CRC Rule 7.756 (13.13(B)); in determining compensation of a trustee the court will consider the factors of CRC Rule 7.776, compensation ordinarily allowed as provided in the governing instrument unless the Court fixes a greater or lesser amount (Probate Code §15680(b)), compensation for an attorney for the trustee ordinarily allowed as provided in the governing instrument, or reasonable compensation the court will establish, the time governed by Probate Code §§15680- 15688, petitions for periodic payments to comply with Probate Code §2643 (13.13(C)); every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office, forwarded to the Court Investigator, additional documents subject to the same process (13.14(A)); the fee for court investigations specified in the court’s fee schedule, collected at the time of filing of a petition to establish a guardianship in which the proposed guardian is a relative unless a fee waiver has been granted (Probate Code § 1513.1), and in conservatorship proceedings the court to determine whether to collect, waive or defer the fee after the investigator’s report (Probate Code § 1851.5) (13.14(B)); this court does not accept direct fax filings and will accept filings through a fax filing agency in accordance with CRC Rule 2.303 (13.15(A)); electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (13.15(B)); the conservator shall notify the court within ninety (90) days of the death of the conservatee (13.16(A)); and if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052 (13.16(B)).
Section 14 (Rules 14.01 to 14.07): all juvenile dependency and juvenile delinquency proceedings assigned for all purposes to Department 1 pursuant to the annual court calendar (14.01); the court shall set the matter for hearing in accordance with the time limitations established by law, e.g. Welfare and Institutions Code §334 and California Rules of Court, Rule 5.680 (14.02); all counsel shall meet and confer with the court officer assigned by the Department of Child Welfare Services (CWS) and/or the Deputy or Assistant County Counsel assigned to the case, counsel will have previously met with their respective clients, the requirements not to apply to parties representing themselves in propria persona (14.03(A)); if the parties are unable to resolve the issues, each party shall advise the other counsel not later than 24 hours prior to the scheduled hearing of the names and addresses of each anticipated witness, failure to comply may be cause for preclusion of the witness (14.03(B)); written reports of expert witnesses disclosed to all parties at least 24 hours in advance of the hearing (14.03(C)); counsel shall furnish the court, at the time of the plea, a written Judicial Council waiver form discussed with and completed by the parent(s), to facilitate the taking of admissions or no contest pleas in juvenile dependency proceedings (14.04); all attorneys appearing in juvenile dependency proceedings shall comply with the standards of competence required by California Rules of Court, Rule 5.660 (14.05(A)); each attorney appearing in a dependency proceeding shall have at least eight (8) hours of training or education in juvenile dependency law within the preceding three (3) years or at least 24 hours of experience within the preceding year in dependency proceedings (14.05(B)); the administration of psychotropic drugs to wards or dependent children only upon the authorization of a duly licensed physician, a Request for Psychotropic Medication Therapy prepared by the minor’s physician for submission to the parent or guardian or to the Juvenile Court, a five to seven day temporary period while Probation or CWS attempts to obtain consent, the matter set for hearing on an objection, the court to issue orders within two (2) days after submission in the absence of written objections, and concurrent jurisdiction for a minor detained under Welfare and Institutions Code §5585 (14.06); every person or agency seeking to inspect or obtain juvenile court records must petition the court, except those permitted under Welfare and Institutions Code §§827, 827.10 and 828 and California Rules of Court, Rule 5.552(b), and an Indian child’s tribe representative if the tribe has intervened and a mental health professional ordered by the court to examine or treat the juvenile or the family (14.07(A)); petitions on Judicial Council Form JV-570 and JV-575 filed in the Trinity County Courthouse, 11 Court Street, Weaverville, CA 96093, with one original and two copies (14.07(B)); the petition completed with specificity, the attorney of record in pending civil litigation to attach a declaration under Code of Civil Procedure §2015.5 (14.07(C)); at least five calendar days before the petition is filed, petitioner shall serve, or attempt to serve, a copy on county counsel, district attorney, child, attorney of record for child, parent or guardian, probation department, and child welfare services program (14.07(D)); objections in writing received by the Juvenile Court Presiding Judge no later than 5 actual days after the filing date of the petition, with prompt telephonic notice to the court, Court Services reached at (530) 623-1208 (14.07(E)); petitions handled without a hearing unless the Presiding Judge of the Juvenile Court or his/her designee sets one (14.07(F)); and if the court orders disclosure, the court will issue Judicial Council Form JV-574, the Petitioner to present the Order to the agency and pay any costs of copying (14.07(G)).
Section 15 (Rule 15.01): in accordance with California Rules of Court, Rules 8.833, 8.863, and 8.914, the appellate division elects to use the original trial court file in lieu of a clerk’s transcript on appeal in appeals of limited civil, misdemeanor, and infraction cases (15.01).
Section 16 (Rule 16.01): local forms adopted for either optional or mandatory use listed in Appendix A by form number and in Appendix B by form name, available on the court’s website at www.trinity.courts.ca.gov under the “Forms” link and at the clerk’s counter (16.01).
Section 2 (Rules 2.01 to 2.16): the judicial business of the court supervised by the Presiding Judge, with the management assistance of the Executive Officer (2.01(A)); the administrative business of the court conducted by the Administrative Office of the Trinity County Superior Court (2.01(B)); the Presiding Judge and Assistant Presiding Judge shall perform the duties set forth in California Rules of Court, Rule 10.603, guided by the Standards of Judicial Administration (2.02); when the Presiding Judge is absent due to vacation or illness or for other cause, the Assistant Presiding Judge shall replace him or her, with all the powers and authority of the Presiding Judge during that period (2.03); the Executive Officer shall also serve as Clerk of the Court, responsible under the direction of the Presiding Judge for the non-judicial activities of the court and the operation of the Administrative Office, and shall perform the duties of California Rules of Court, Rule 10.610 (2.04); court commissioners appointed by, and who serve at the pleasure of a majority of the judges, under the control and supervision of the Presiding Judge, shall exercise the powers and duties authorized by law, and at the direction of the judges may have the same jurisdiction as the judges and, with the consent of the parties where required by law, hear any other action as a judge pro tem (2.05(A)); temporary judges appointed in accordance with Rule 2.814 of the California Rules of Court shall hear matters as assigned by the Presiding Judge (2.05(B)); court reporters provided for juvenile dependency proceedings, juvenile delinquency proceedings and felony proceedings, not available at the expense of the Court in other criminal matters, a recording system available for misdemeanor or infraction cases pursuant to Penal Code §1045 upon direct request to the Clerk of the Court no later than five days in advance of the proceedings, a privately hired pro tem court reporter obtained by, and at the expense of, that party (2.06(A)); official court reporters not normally available in civil cases, requests made in accordance with California Rules of Court, Rule 2.956, which may be submitted on Judicial Council form FW-020, a clerk to notify the requestor as soon as possible if no court reporter will be available, notice of the unavailability may not be given until the day of the hearing or trial, and, when a party with a fee waiver in a limited civil case requests a reporter, the proceeding electronically recorded by the court instead (Government Code §69957 and California Rules of Court, Rule 2.952) (2.06(B)); one county-wide geographical selection area for juror summons lists (Code of Civil Procedure §190, et seq.), all jury trials conducted in Weaverville absent an order to the contrary by the Presiding Judge (2.07); the policy of the court to manage all cases from filing (civil) and first appearance (criminal) through final disposition within the time standards of the Standards of Judicial Administration, §§ 2.1 and 2.2 (2.08(A)); for unlimited civil cases 75 percent disposed of within 12 months of filing, 85 percent within 18 months and 100 percent within 24 months, and for limited civil cases 90 percent within 12 months, 98 percent within 18 months and 100 percent within 24 months (2.08(B)); small claims cases 100 percent disposed of within 30 days after filing if all defendants reside within the county, 60 days if a defendant resides outside the county (2.08(C)); unlawful detainer cases 90 percent disposed of within 30 days after filing and 100 percent within 45 days (2.08(D)); misdemeanor cases 90 percent disposed of within 30 days, 98 percent within 90 days and 100 percent within 120 days after the defendants’ first court appearance (2.08(E)); felony preliminary examinations, excluding murder cases in which the prosecution seeks the death penalty, 90 percent within 30 days, 98 percent within 45 days and 100 percent within 90 days after the defendants’ first court appearance (2.08(F)); the goal for all felony cases disposition within one year of first appearance in any court, except capital cases (2.08(G)); additional procedures set forth elsewhere in these Rules (2.08(H)); no smoking in jury deliberation rooms, the jury assembly room or any enclosed public area, the jury foreperson may allocate smoking breaks not to exceed 5 minutes each hour of deliberation, deliberations suspended, the bailiff in attendance (2.09); cellular telephones and other electronic devices silenced before entering courtrooms and not used within the courtrooms except for calendaring purposes (2.10); disabled persons may request accommodations by completing Judicial Council Form MC-410 and sending it to the Court ADA Coordinator, 11 Court Street, Weaverville, CA 96093, or by calling (530) 623-1369, sign language interpreters available by calling (530) 623-1369, assistive listening devices available in all courtrooms without advance notice (2.11); a judge’s day of vacation an approved absence for one full business day, half-day increments on approval of the Presiding Judge, a judge may roll over unused vacation leave up to 30 days per year (2.12); all notices of appeal and any other pleading that requires payment of a filing fee filed in Court Services (2.13); an order granting media coverage pursuant to Rule 1.150 of the California Rules of Court required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits (2.14(A)); an order granting media coverage applies only to the courtroom/department of the specific judge identified, or the specific location(s) identified, and only to the media agency (or agencies under an approved pooling arrangement) making the request (2.14(B)); no videotaping, photographing or electronic recording of any kind by individuals in any part of the courthouse, a violation which may result in the confiscation of the device, a citation for contempt of court or an order imposing sanctions (2.15); and digital signatures on documents filed with the Court allowed, with the force and effect of a manual signature, if it complies with Government Code §16.5(a)(1)-(5), no other form of electronic signatures accepted, the signer’s certificate or similar verification document maintained in the party’s possession or control and subject to production upon request from the Court (2.16).
Section 3 (Rules 3.01 to 3.05): the rules of this section apply to all “general civil cases” as defined in California Rules of Court, Rule 1.6(4), and implement and supplement the Trial Court Delay Reduction Act (Government Code §§68600-68620 and California Rules of Court, Rules 3.720-3.730) (3.01); general civil cases assigned to a judge pursuant to the court’s annual calendar at the time of filing (3.02); mandatory settlement conference statements filed as required by Rule 3.1380(c) of the California Rules of Court, which also must include whether a jury is demanded or waived and whether jury fees have been posted, the time estimate for trial, and whether the case is ready to proceed to trial as assigned (3.03(A)); good cause deemed shown to excuse from attendance at the settlement conference insurance claims persons whose offices are more than 100 miles from the courthouse, provided those persons are available by telephone (3.03(B)); collections cases as defined in California Rules of Court, Rule 3.740, identified by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet, a case not so identified subject to the case management procedures of Section 3 (3.04); when the summons is issued the court will prepare a Notice-Collections Case, setting the matter for trial, and the plaintiff shall serve in accordance with Rule 3.03 (3.04(A)); default judgments obtained pursuant to Rule 5.12 of these rules (3.04(B)); and, unless otherwise permitted by the Court, only the attorney of record, an attorney approved to appear pro hac vice, or an attorney who has filed a proper notice of association of counsel may appear on behalf of a party, the notice including the name, address, phone number, and bar number of at least one associating attorney and served on all parties with a proof of service attached to the original notice filed with the court (3.05).
Section 4 (Rules 4.01 to 4.17): in actions on promissory notes and contracts providing for the payment of attorney fees, the schedule the court shall consider in awarding reasonable attorney fees to a prevailing party - in a default action, exclusive of costs and interest, twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages, twenty percent (20%) of the next four thousand dollars ($4,000), fifteen percent (15%) of the next four thousand dollars ($4,000), ten percent (10%) of the next ten thousand dollars ($10,000), five percent (5%) of the next thirty thousand dollars ($30,000) and two percent (2%) of amounts in excess of the first fifty thousand dollars - and in a contested action the same amount increased by compensation computed on an hourly or per-day basis for any additional services as may be allowed by the court (4.01(A)); the Clerk shall include attorney fees computed pursuant to the fee schedule in an otherwise appropriate clerk's judgment (4.01(B)); where a party claims fees in excess of those allowed, application for attorney fees shall be made to the court, supported by declarations, and the fees fixed by the court (4.01(C)); at the time of filing a petition to approve a transfer of structured settlement payment rights, a proposed order that contains the findings required by Insurance Code §10139.5 must be lodged (4.02); where a discovery motion requiring a separate statement under CRC 3.1345 is filed, a concise outline of the discovery request and each response in dispute may be filed, without leave of court, in lieu of the separate statement, and the court may request a separate statement (4.03); in drafting forms of judgment, counsel shall clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities (4.04); refer to such full names as they appear in the pleadings (4.04(B)); and leave a blank space for insertion of any costs unless costs have already been awarded (4.04(C)); the proposed order or judgment on a written stipulation lodged as a separate document (4.05); a party filing a Notice of Appeal of the order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2 shall file a copy of the complaint and any answer, a complete copy of the order, decision, or award, and a declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner (4.06(A)); the Notice of Appeal treated as the first paper for the purpose of determining the filing fee (4.06(B)); a party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal following a verified memorandum of costs (California Rules of Court, Rule 8.278), judgment entered after the time for a motion to strike or tax costs (4.07); a violation of these Rules constitutes a violation of a lawful court order under Code of Civil Procedure §177.5 and may subject the party and/or counsel to sanctions thereunder, under Code of Civil Procedure §575.2, or as otherwise provided by law (4.08); prove-up applications and evidence presented in written form, unless prohibited by law, except where the Clerk may enter judgment (4.09); counsel are permitted to appear by telephone or video in civil law and motion hearings, including ex parte applications and conferences for case status or review, telephonic and video appearances not allowed at any proceeding at which witnesses will be called to testify or at settlement conferences absent judicial approval (4.10(A)); telephonic appearances through the private vendor, Court Call at (888) 882-6878, which counsel must contact prior to the hearing, unless leave of court is obtained to contact the court directly by telephone (4.10(B)); the court may at any time require the personal appearance of any party (4.10(C)); this court does not accept direct fax filings (CRC Rule 2.304) and will accept filings through a fax filing agency in accordance with CRC Rule 2.303, except the documents identified in CRC 2.300(b) (4.11(A)); electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (4.11(B)); to secure a date and time for hearing ex parte motions and applications for which personal appearances are required, the party shall contact Court Services, and shall immediately inform the court if it elects not to proceed (4.12); the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of Government Code §68632 and §68633 (Government Code §68634(d)), and, if electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply - any document received electronically between 12:00 a.m. and 11:59:59 p.m. on a court day deemed filed on that court day, any document received electronically on a non-court day deemed filed on the next court day (4.13); demurrers, motions and other applications for orders (except ex parte applications) in general civil actions set on the appropriate civil day in the department to which the action has been assigned for all purposes, or on the next available civil day when that day is a court holiday (4.14(A)); a party seeking to continue a law and motion hearing, or who does not intend to proceed, must file and serve a notice of continuance or withdrawal at least two court days before the originally scheduled hearing date, a notice of continuance with a declaration by counsel that all parties have agreed, the continued hearing date and time and a proof of service, the Court may reject it or select a new continued hearing date, and failure to comply may result in the matter being taken off calendar or the imposition of monetary sanctions (4.14(B)); the moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order (4.14(C)); counsel with court appearances set in two or more court departments at the same time shall advise the courtroom clerks and request priority handling in one department, the proceeding in the other department(s) to trail (4.15); actions under the California Environmental Quality Act filed in Court Services and assigned for all purposes to a judge designated by the presiding judge, the petitioner to request a status conference within fifty (50) days of the date of filing of the petition and serve notice of it, the court to set a tentative hearing date and briefing schedule at the status conference, briefs in accordance with California Rules of Court, Rule 3.1113 with specific references to the administrative record and a separate appendix page that lists each page of the record cited (4.16(A)); within five (5) days after the deadline for respondent to file a response, petitioners shall prepare and lodge a notice form inviting mediation (Government Code §66031) (4.16(B)); the public agency to prepare the administrative record or, on their election within five (5) calendar days, petitioners to prepare the record themselves - the agency’s preliminary notification within twenty (20) calendar days, a detailed index within forty (40) calendar days and a notice of documents to be added to or deleted from the record within seven (7) calendar days (4.16(C)); the administrative record lodged in loose-leaf three-ring binders, each volume of not more than three hundred (300) pages, organized with its documents in the order set out (4.16(D)); the agency to certify the record, personally serve it and lodge it with the court no later than sixty (60) days after the request or the service of the notice of election, an extension requested by stipulation with court approval or on noticed motion prior to the expiration of the sixty (60) day period (4.16(E)); disputes about the record’s accuracy or scope resolved on noticed motion, the parties strongly urged to meet and confer, the hearing separate from and prior to the hearing on the writ, notice given in accordance with Code of Civil Procedure §1005 (4.16(F)); a hearing to certify the administrative record normally set by the court at the initial status conference (4.16(G)); a trial notebook filed by petitioners no later than fifteen (15) days prior to the date of the hearing (4.16(H)); and the court exempts itself from the small claims advisory service requirements of Code of Civil Procedure §116.940(b) (4.17).
Section 5 (Rules 5.01 to 5.04): criminal complaints charging in-custody defendants filed with the Clerk no later than 11:00 a.m. on the morning of the day the defendant is to first appear (5.01(A)); complaints charging out-of-custody defendants filed no later than two (2) days before the first appearance (5.01(B)); any person requesting a bail reduction or increase shall disclose all prior requests, no defense request for bail or O.R. made without prior notification to the prosecuting agency (after normal court hours, the requesting party to arrange for the telephone availability of a representative before contacting the court), no notice to the prosecuting agency and County Counsel of an order setting aside a forfeiture of bail under Penal Code §1305(c)(1) when the defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily within 180 days, and at least 10 days’ prior written notice in all other cases of a motion to set aside forfeiture and of requests that the 180-day period be tolled or extended (Penal Code §1305(k)), proof of notice filed with the court (5.02(A)); after a Source of Bail Order under Penal Code §1275.1, the Request for Hearing accompanied by a declaration or offer of proof of the identity of the bail agent and surety, the source of the bond premium and the source of the security or pledge, filed and personally served on the prosecuting agency not 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 for examination (5.02(B)); to post a real property bond, a Notice of Hearing under Penal Code §1298 served on the prosecuting agency and County Counsel, accompanied by an Application for Real Property Equity Bond, a declaration of the real property owners, an executed Promissory Note, a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee, a proposed order, an appraisal report dated not more than 45 days prior to the application, a preliminary title report dated no more than 30 days prior to it, and proof of insurance including “County of Trinity” as a loss payee, the order not signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery of the recorded Deed of Trust (5.02(C)); all requests for arrest and search warrants first presented to the District Attorney or Attorney General for review and approval, except Ramey warrants, forced blood draw warrants for suspicion of DUI/BUI and Steagald warrants, supporting declarations on arrest warrants fully dated and executed, search warrant returns presented to Court Administration (Penal Code §1534(d)) (5.03); the court shall schedule misdemeanor cases not resolved at arraignment for a pretrial conference in approximately two (2) weeks (5.04(A)); and the court shall schedule felony cases not resolved at arraignment for a preliminary examination in approximately two (2) weeks and a pre-prelim the week prior, the defendant personally present at all felony appearances unless excused by the Court, in advance, pursuant to Penal Code §977 (5.04(B)).
Section 6 (Rules 6.01 to 6.04): counsel strongly encouraged to meet and discuss actions informally to resolve matters prior to the pretrial conference (6.01(A)); the prosecution should deliver a formal offer for resolution to defense counsel prior to the day of the pretrial conference (6.01(B)); defense counsel should appear at the pretrial conference having already discussed the case and the offer with the defendant (6.01(C)); both sides fully prepared to discuss the facts of the case and the availability of witnesses for trial, the final pretrial conference not continued without actual good cause shown (6.01(D)); pleas of guilty or no contest entered by counsel pursuant to Penal Code §977 accompanied by a properly executed plea form where the offense constitutes a prior offense for enhanced punishment, including under Penal Code §488 and Vehicle Code §§14601, 23103.5, 23152, and 23153 (6.01(E)); a motion whose moving papers are not timely filed without good cause may be deemed waived (6.02(A)); a failure to serve or file opposition papers may be deemed a waiver of objections and an admission that the motion is meritorious, no opposition papers required where the opposition is based upon a factual dispute only (6.02(B)); motions to continue any hearing, including trial, disfavored and denied unless the moving party, pursuant to Penal Code §1050, presents affirmative proof that the ends of justice require a continuance - a stipulation by all parties, or a substitution of counsel, not good cause by itself (6.02(C)); all counsel shall attend a final pretrial conference held the Thursday prior to the jury trial date prepared to indicate a readiness to proceed, the prosecuting attorney with authority to dispose of the case (6.03(A)); all cases settled as soon as reasonably practicable, the judge may set cut-off dates for accepting negotiated dispositions (6.03(B)); and, except in felony cases, court reporters not available at the expense of the Court, a digital recording system available for misdemeanor or infraction cases (Penal Code §1045) upon direct request to the clerk of the court no later than five (5) days in advance, court reporters obtained by, and at the expense of, the parties (6.04).
Section 7 (Rule 7.01): discovery governed by the provisions of Penal Code §1054, et seq. (7.01(A)); the obligation to make discovery automatic, reciprocal, and continuing (7.01(B)); a motion in a criminal case for the discovery of information or evidence in writing and, absent an order shortening time, subject to the time standards of California Rules of Court, Rule 4.111 (7.01(C)); in misdemeanor cases all discovery timely sought so that the attorneys are adequately prepared to discuss the case at the settlement conference (7.01(D)); and in the event of a failure to comply, the court may grant a continuance, exclude the evidence not disclosed, dismiss the case if required by the United States Constitution, or order any other relief or sanction available (7.01(E)).
Section 8 (Rules 8.01 to 8.03): motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) made in writing, served upon opposing counsel, and filed at or before the final pretrial conference (8.01); all jury instructions covering the law as disclosed by the pleadings delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and served on all other parties by that time, specially prepared instructions numbered consecutively and shown to opposing counsel (8.02(A)); each party to submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055, each instruction to present the approved and unmodified wording of CALCRIM with its CALCRIM number at the top of the page, without any place to indicate whether it was given, refused, or modified, each on a separate page with sequentially numbered lines along the left margin, the court’s preference that the individual pages not be numbered (8.02(B)); and all exhibits, exhibit lists, and witness lists filed with the court and shown to opposing counsel prior to jury selection (8.03).
Section 9 (Rules 9.01 and 9.02): counsel shall identify to the setting judge, the Presiding Judge, or the Presiding Judge's designee, at the time of setting or as soon as possible thereafter, any matter which can realistically be expected to take a half-day or more to present, other matters assumed to require less than a half-day (9.01); absent good cause shown, a motion to continue the preliminary examination heard at the felony pre-prelim conference (9.02(A)); and motions to continue the preliminary examination disfavored and denied unless the moving party, pursuant to Penal Code §1050 and the statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require a continuance - a stipulation by all parties, or a substitution of counsel, not good cause by itself (9.02(B)).
Administrative Order 18-002, signed by Honorable Michael B. Harper, Presiding Judge of the Superior Court: on the findings that disclosure of DPSS records will be in the best interest of the children subject to the investigation (Fam. Code, §3011) and that the information in its files and records is necessary and relevant to a child custody and visitation proceeding, the Juvenile Court and the Family Law Court ordering DPSS to release its records, irrespective of whether a petition has been filed (Welf. & Inst. Code §§827, subd. (a)(1)(L), 827.10), to the Judge, Commissioner, or other hearing officer assigned to the family law case, the family Court mediator/child recommending counselor assigned to the case, a Court-appointed investigator or evaluator conducting a Fam. Code §3111 or §3118 custody evaluation, investigation, or assessment, and counsel appointed for the minor under Fam. Code §3150 - the Court clerk possibly requiring that counsel provide a certified copy of the Court order of appointment before inspecting the file; the records maintained solely in the confidential portion of the family law file, released or disclosed only as ordered by the family law Court (Welf. & Inst. Code, §827.10, subd. (d)); no disclosure of the identity of any person making a report of suspected child abuse or neglect (Pen. Code, §11167, subd. (d)).
Local form LF-011 (July 2021), the AB 1950 Petition Reference: a petition filed by Probation - appropriate cases reviewed and a petition filed setting a hearing date out a minimum of 25 days, the District Attorney working with Probation on the number of cases filed per week, copies sent to the Defendant, the Public Defender or last known attorney, and the District Attorney’s Office, the District Attorney’s Office filing a Response and Order (Concur or Object) - a concurrence sent to the Duty Judge for signature and entry of Order, an objection or no response leaving the matter on calendar on the date listed on the Petition; a petition filed by the defendant or counsel setting a hearing date out a minimum of 25 days, copies provided to the District Attorney’s Office and the Probation Department and a Proof of Service filed; a filing rejected for a duplicate filing, a petition previously granted, an incorrect or missing case number, no hearing date or a missing Proof of Service, but not for a missing or non-original defendant signature, nor for a court date not 25 days out so long as it is more than 14 days; a court date on a weekend or holiday set on the next business date.
Local form LF-001, At Issue Memorandum, for family law cases (dissolution, the Uniform Parentage Act, UIFSA, legal separation, domestic violence, DCSS, nullity, UCCJEA, guardianship (custody)): the dates of filing and first response, whether the matter is at issue, the last settlement attempt, whether a court reporter is requested for the trial - litigants responsible for the court reporter fees - the dates not available for the Trial Setting Case Management Conference and the estimated time for trial, with the representation that all essential parties have been served or have appeared and the case is at issue; a party not in agreement serving and filing a memorandum within ten days after service; the instructions - the dates not available for the Trial Setting Case Management Conference given commencing one month from the filing of the At-Issue, the conference date set from them if no Counter At Issue is submitted within 10 days after receipt of the At Issue, a copy mailed to all parties, a memorandum without a proof of service returned, the form and proof of service submitted with a self-addressed, stamped envelope in person or by mail to Trinity County Court Services, 11 Court Street, PO Box 1258, Weaverville, CA 96093, the parties notified of the conference date and appearing PERSONALLY unless represented by counsel, the form filed for a trial to be set.
Family Court Services’ orientation packet for Child Custody Recommending Counseling (CCRC): mediation scheduled by calling 530-623-1404; no appointment contact until BOTH PARENTS HAVE TURNED IN THEIR PACKETS COMPLETELY FILLED OUT, a completed packet submitted before mediation occurs; no children brought to the appointment, and no children or 3rd parties present during a phone mediation; audio and/or video taping during a CCRC session illegal and strictly prohibited, no one other than the parties present; a parent who does not respond to or reach the counselor referred back to the Court for re-referral; at least 2 hours allowed; TWO attempts to call for a phone appointment, no answer a no-show; the appointment held 10 minutes, then canceled, the parent explaining to the Court on the return court date; no contact with the counselor after the appointment unless the counselor reaches out - ex-parte communication strictly prohibited; reports provided by email, a paper copy on request at the courthouse in Weaverville; CCRC required by law when parents don’t agree about child custody and/or visitation, attorneys not taking part; letters of reference, police reports and other information submitted to the counselor before the session with a copy to the other party; CCRC suspended and a referral made to Child Protective Services on a reasonable suspicion of abuse or neglect; an agreement delivered signed to the Judge, an impasse reported by memorandum recommending a court hearing; a victim of domestic violence, or a party with a restraining order against the other, able to request a separate session or a pre-approved support person, on the attached form returned with the yellow intake forms.
Mediation at no additional cost to eligible litigants - parties engaged in Civil Litigation - through the Civil Mediation Program (established by the Judicial Council of California through the Temporary Assigned Judges Program): a Stipulation Regarding Mediation (MED-01, mandatory) and a Mediation Confidentiality Agreement completed and filed with the court, with no filing fee; the approval of the judge presiding over the case and both parties’ agreement; the Court’s Mediation Coordinator then seeking an available mediator through the program, mediation no longer offered through it if none is available; the session on the mutually agreed-upon date, remote appearances at the discretion of the assigned mediator; participation not eliminating the need for proper and timely filings and discovery; the parties drafting and submitting any agreement, settlement agreement or dismissal; the mediation completed prior to the Mandatory Settlement Conference - a failure, unless excused upon a timely showing of good cause by written declaration, possibly resulting in the cancellation of the Mandatory Settlement Conference - and a Mediation Status Report filed at least 10 days prior to it, a failure possibly bringing an Order to Show Cause (OSC) hearing; the Confidentiality Agreement applying Evidence Code §§1115-1129; the Civil Mediation Program Administrator reached through Court Services at (530)623-1208 or courtclerks@trinitycounty.org.
A citation contested by appearing for arraignment or scheduling a future court trial date, bail posted to schedule the trial date, a not guilty plea at the arraignment continuing the case or setting a court trial; arraignments usually done at Walk-In Court, the citing officer not present; at a court trial the citing officer subpoenaed and other witnesses possibly subpoenaed; an infraction contested without appearing by a trial by written declaration requested on or before the courtesy notice's due date - the full fine/bail paid (refunded in a few weeks on a ruling in the defendant's favor), infractions only, no prior failure to appear or failure to pay on the case, a not guilty plea entered in writing on a Request For Trial form; a Trial de Novo (Vehicle Code 40902(d)) requested within 20 days of the date the clerk mailed the Notice of Decision, on the form Request for New Trial (Trial De Novo) (TR220).
Criminal matters generally requiring a court appearance unless advised differently by the court or an attorney; questions about a court date to the Clerks' Office at 11 Court Street, Weaverville, or (530) 623-1208; a missed court appearance possibly bringing a bench warrant; an attorney requested from the judge at the first appearance, the arraignment, the court possibly appointing a Public Defender and deciding how much of the court-appointed lawyer's fees the defendant must pay; fines mailed to the Trinity County Collections Department, PO Box 1446, Weaverville, CA 96093, or paid in person at the Trinity County Probation/Collections Department, 333 Tom Bell Road - no cash by mail - and an installment plan possibly set up through the Collections Department.
The court's divisions in a line each - adoptions (the court unable to set an adoption for finalization until all required documents are received in the file), appeals, civil, criminal, Family Court Services, family law, juvenile, probate, small claims (the page's line: lawsuits that do not exceed $10,000) and traffic (infraction matters only - traffic violations, Fish & Game violations, local city and county ordinances, boating and dog/animal citations; driving under the influence handled through the Criminal Division).
A prospective juror who fails to appear possibly found in contempt of court, punishable by fines, incarceration or both, or the court imposing monetary sanctions instead - $250 for a first violation, $750 for a second, $1,500 for a third; a juror who fails to appear contacting the Jury Commissioner's Office as soon as possible, at (530) 623-1201, to avoid the imposition of monetary sanctions.
Child Custody Recommending Counseling/Mediation in family law cases when separating or divorcing parents cannot agree on a shared plan for child custody, the counselor able to give a written recommendation to the parents and the court; Family Court Services contacted for an appointment as soon as notice to do so is received, at (530) 623-1404 (the office open a limited number of hours each week); some appointments completed by video conference or telephone call; a session of approximately 1 to 2 hours, an intake form and a release of information form filled out before it, the FCS Domestic Violence Procedures form submitted with them where it applies; the orientation Rule 5.210 of the California Rules of Court requires (the orientation video and packet) and the Positive Parenting Handbook; separate sessions upon request where domestic violence has occurred, or initiated by the mediator on an appearance of intimidation, an advocate possibly accompanying a victim; requests for testimony from the CCRC/Mediator/Court Investigator made under the court's notice.
A court interpreter requested through the Court Interpreter Coordinator during regular court hours at (530) 623-1369 (the page's contact block gives the coordinator as (530) 623-1208); interpreters provided for Criminal, Traffic, Juvenile, and Family Support matters, the interpreter's role limited to interpreting; the page's statement that the court does not provide interpreters for Small Claims and Civil cases, the attorney or the party without an attorney providing the interpreter in advance and responsible for the compensation; a Request for Interpreter Form completed, a minimum of 10 days allowed before the scheduled hearing.
The appearance date and group number printed on the summons, whether a juror must appear determined from the page's message or by calling (530) 623-1201 and listening to the recorded message after 5 p.m. on the business day before the date of service; the summons brought when reporting; Jury Services at 11 Court Street, PO Box 1117, Weaverville, office hours 8:00 a.m. - 5:00 p.m. Monday - Friday, closed during the lunch hour; a disqualification, postponement or excuse requested online.
Juvenile matters confidential and many proceedings not open to the public, juvenile records released only to officers of the court, specific agencies or by order of the Presiding Judge, no information given over the telephone; parents or guardians entitled to a copy of the delinquency petition; an attorney appointed for a child whose family cannot afford one, representing the child only; first appearances by out-of-custody minors and their parents on juvenile petitions and all other hearings in delinquency cases heard at 2:00 PM on the dates shown in the court's calendar; all juvenile dependency matters other than evidentiary hearings heard in the afternoon at 2:00 PM on the calendar's dates, detention hearings and other short notice matters heard as needed, evidentiary hearings specially set.
The court's Main Courthouse, 11 Court Street, Weaverville, CA 96093, (530) 623-1208, fax (530)-623-8397; all court divisions and the Collections Office open from 8:00 a.m. to 4:00 p.m. Monday through Friday, the Jury Services office closed 12:00-1:00 p.m., the Family Law Office open by appointment only, the Access to Justice Center open on a walk-in basis; a time-sensitive matter not left to e-mail - a party who e-mails the court still responsible for coming to court and making payments by the date given; public records requests mailed to Trinity Superior Court, Attn: Administration, PO Box 1258, not made through the page's form; judicial officers not accepting email from litigants - the required court forms filed to schedule a court hearing and served on all parties and their attorneys of record; Court Services (530) 623-1208, courtclerks@trinitycounty.org; Family Court Services Mediator (530) 623-1404; Marshal's Office (530) 623-1400; Jury Services (530) 623-1201.
Each process submitted to the Trinity Superior Court Marshal's Office for service including instructions - original, with a physical address for service, signed by the Plaintiff/Requestor or the Attorney of Record; those for garnishments, levies and earning withholding orders signed by the attorney of record or the judgment creditor acting as his/her own attorney; a proof of service, or a certificate of non-service, mailed afterward; the Marshal's Office called directly when a hearing is within two days and nothing has arrived by mail; the Eviction Service Instructions form (C-1UD) mandatory for eviction services from Monday, March 2, 2015 - all items completed, failure possibly delaying the eviction - and the revised Restraining Order Service Instructions form (C1A) mandatory for restraining order services, no other form of instruction accepted for either; the Marshal's Office at 11 Court Street, Weaverville, (530) 623-1400.
A failure to appear or to resolve a citation by the due date possibly bringing a DMV hold (restricting driving privileges or vehicle registration), a warrant, increased bail, a Civil Assessment and referral to a collection agency, the Court possibly deeming the failure to appear an election of a trial by written declaration under Vehicle Code section 40903; the penalties for failure to appear (40508a CVC), failure to pay (40508b CVC) and failure to comply (40508c CVC); a civil assessment under Penal Code 1214.1 as the page quotes it ("$300"), good cause being written, verifiable proof of medical incapacitation, hospitalization, incarceration or out-of-state military duty on appropriate letterhead; no response within 15 days of a Civil Assessment notice bringing a civil judgment and referral to collection, the original bail plus the civil assessment amount received by the Court within 15 days of the notice, with any proof of correction, to avoid the penalties; the DMV hold removed once the bail/fine is paid or a court appointment is reserved; a warrant recalled once paid, a missed court appointment bringing another warrant or hold and additional fees.
The online orientation program completed before attending Child Custody Recommending Counseling (CCRC); the court's payment site used with the citation or case number and other identifying information to pay a ticket, sign up for traffic school or request a 30-day extension, and its online tool for financial hardship requests on infraction fines; the master calendar of all courtrooms for the next business day; jury duty information; links to traffic schools, the Department of Consumer Affairs, the California Self-Help Center, the Judicial Council's forms.
Payments made online (Trinity's ePay site; a transaction fee for a credit or debit card), by mail to Trinity Superior Court, Collections Department, PO Box 1258, Weaverville, CA 96093 (no cash by mail) or in person at Court Services, 11 Court Street; an installment plan through the Collections Department at (530) 623-1208 (office hours 8:00 a.m. to 4:00 p.m., Monday to Friday); a reduction of an infraction fine requested for financial hardship, with proof, at any point in the process - a plea of guilty or no contest entered before the court can answer - through the MyCitations online tool (recommended; also a payment plan, more time to pay or community service, even for a case in collections) or form TR-320/CR320; judicial discretion to impose civil assessments remaining under Standing Order 24-01; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not used for a dismissal or reduction of charges with proof of correction.
A correctable violation's bail or fine reduced on proof of correction (Vehicle Code 40610), a Proof of Correction fee of $25.00 per correction; proof not provided over the phone or on the internet; the proof with the reduced bail amount received by the court before the arraignment date; a correctable violation signed off by a law enforcement officer, driver's license and registration violations certified at any DMV office or by the Court Clerk, insurance violations signed off by a DMV office or the Court Clerk; proof of liability insurance in effect before the citation's issue date and time reducing that charge's bail to $25.00 - a letter from the insurance company, the insurance card or a copy of the policy (not the declaration attached to the policy); self-certification not acceptable; the sale of the vehicle not relieving the responsibility for correcting the violations.
Remote appearance via Zoom allowed for some matters, Zoom appearances or courtroom observation available only upon an approved request - in non-criminal proceedings requested on Judicial Council Forms RA-010 and RA-015 under CRC 3.672 and CCP § 367.75 (their service and filing requirements), in juvenile dependency proceedings on Forms RA-025, RA-030, and RA-015; in-person attendance required for all criminal proceedings, exceptional circumstances raised with court services; traffic appearances via Zoom upon an approved request; court services at courtclerks@trinitycounty.org or (530) 623-1208; the Zoom etiquette - the full and correct name as the username, visible while in session, dressed appropriately, the microphone muted while waiting, unmuted with the camera on when the case is called, no background noise, a neutral background, no vulgar or offensive screen names - its breach bringing removal from the proceeding; recording, copying, photographing or rebroadcasting court proceedings prohibited, with sanctions; no technical support from the court for Zoom participants.
A juror checking in at the jury assembly room with the jury summons; all persons, purses and packages screened for weapons, tear gas, pepper spray, knives, guns and objects usable as weapons prohibited even with a permit; documentation of daily attendance for an employer requested from the clerk or jury staff at the time of service; no reading while court is in session, pagers and cellular phones turned off before entering the courthouse; business or business casual attire suggested, shorts and tank tops not acceptable - a juror not appropriately dressed excused and given a future date to report in appropriate attire.
Jury service postponed or deferred once per year for up to ninety (90) days by emailing jury.courts@trinitycounty.org, calling (530) 623-1201 or submitting the request online; requests to be excused submitted in writing by mail or email, supported with facts specifying the hardship and why deferring service cannot avoid it; a medical postponement or excuse for a juror under age 70 supported by a physician's statement verifying the inability to serve and the probable duration, submitted by email, fax or mail; excuses for financial hardship or religious beliefs made to the court during jury selection, not considered by the Jury Commissioner.
Local form LF-007, Instructions for Request to Calendar: the Request to Calendar process available to Attorney’s, Parties, the Probation Department and CPS for placing a matter on calendar in special circumstances, used only when parties consent to the proposed calendaring; the shortest calendaring a hearing on the second court day after the process is complete; a tentative time and date obtained from the Court Supervisor (623-8344) or, in her absence, the Court Secretary (623-1369) when the calendaring is not at a regularly scheduled time; the consent of all attorneys/parties with a right to appear obtained; Section I of the form completed and presented to the Court Supervisor, any in-custody transportation problem dealt with then; copies personally served on all parties/attorneys, Section II completed and the original returned to Court Services; the case calendared and called so long as the original is turned in to Court Services by 5:00 p.m. on the second court day before the proposed hearing; Section II's service list - the District Attorney, the Probation Department, attorneys, CPS, the Marshal and the jail - the form personally served on a jail staff person when a hearing involves a person in custody.
The types - domestic violence, civil harassment, elder abuse and workplace violence (a temporary restraining order with a court hearing date, at which a restraining order lasting up to three (3) years may be granted) and the emergency protective order a judge issues at a law enforcement officer's request (temporary: an application for a permanent restraining order must be filed); filing - the court notified and the appropriate Restraining Order form completed (the Access to Justice Self-Help Center possibly assisting; Court Services at (530) 623-1208), the filing fees submitted or an Application for Waiver of Court Fees and Costs obtained from the Clerk's Office; on submission a case number given and the petitioner instructed to contact the court later that day or the next business day to learn whether the restraining order was granted, a hearing set for both parties if it was; the respondent personally served by someone 18 years of age or older and not a party to the case, the proof of service filed prior to, or at the time of, the hearing; the Trinity County Sheriff serving a person who lives or works in Trinity County ((530) 623-2611), the sheriff of the other county otherwise.
Policies and procedures governing a settlement conference the Trial Judge conducts with the parties, acknowledged and stipulated to by each party and attorney: questions or issues brought to the Trial Judge before the conference begins and before the acknowledgement is signed; the Settlement Conference not a mediation - the mediation privilege of Evidence Code Section 1119 not applicable, no mediation confidentiality; the Trial Judge’s participation voluntary, any party able to choose, without any detriment, not to have the Trial Judge participate; the Trial Judge conducting the conference as deemed appropriate, with the express consent of the parties and counsel to confer separately with them, never meeting a represented party alone without the express permission of the party and counsel; the Trial Judge remaining impartial, any statement or evaluation not a commitment as to how the Trial Judge will rule; discussions with the Trial Judge kept confidential only if the parties notify the court in writing, prior to them, of their intent; no party obligated to settle - the decision to settle or not entirely the prerogative of the parties and their counsel.
A citation paid (forfeiting bail, a conviction reported to the DMV if reportable), a correctable offense's bail or fine reduced on proof of correction, traffic school where the courtesy notice shows eligibility, or the ticket contested by a court trial or a trial by written declaration; where the courtesy notice states a mandatory appearance, the appearance made on or before the due date - the Court called to schedule an appearance date, no extensions allowed on citations that require a mandatory court appearance, a failure to appear possibly adding a misdemeanor charge and the DMV withholding, revoking or suspending the driving privilege; a failure to appear or to resolve a citation by the due date possibly bringing a DMV hold, a warrant, increased bail and a Civil Assessment.
An 8-hour traffic violator school authorized by the clerk for a licensed driver's infraction under the Vehicle Code's rules of the road and equipment violations reportable to the DMV, on the eligibility conditions the page lists (a moving violation, no course within the past 18 months, no more than 3 infractions and no misdemeanor on the record, not more than 25 mph over the limit) and its exclusions (a commercial vehicle, alcohol or drugs, more than one point, a failure to appear with an unpaid civil assessment); a court fee of $52.00 in addition to the bail/fine (checks payable to Trinity Superior Court); the courtesy notice signed and its traffic school box checked, the non-refundable $52.00 fee plus bail paid by the due date in person or by mail; the case continued for 60 days and the school completed by a specified date at any school approved by the California DMV; a failure to attend or to return the Certification of Completion within 60 days of order or payment converting the fee to bail, the bail forfeited and the violation shown on the driving record.