Amador County Superior Court Local Rules of Court (effective January 1, 2025) — Chapter 11: Miscellaneous

Summary

Chapter 11 (Rules 11.00 to 11.33): only judicial officers and authorized Court personnel may photocopy or reproduce official Court records and exhibits, personal photographing or other reproduction of original Court records by the public not permitted (11.00); the portions of a printed form minute order checked or filled in deemed the order of the court, and printed forms furnished by the court used where appropriate (11.01); checks and money orders that meet the requirements of rule 10.821, a personal check accepted for a fine or a deposit of bail for an offense not declared a felony but not in excess of $300.00 from a defendant in custody when the bail is not forfeitable, a service charge for a dishonored check (Government Code section 71386), all future filings on a cash-only basis until payment is received, and the court may strike the filing if payment in full is not received within ten (10) days (11.02); jury fees deposited pursuant to Code of Civil Procedure section 631 (11.03); the official reporter’s fees in civil proceedings - Full Day $600.00, Half Day $300.00, proceedings less than one hour $75.00 - deposited prior to the commencement of trial or hearing, and a party requesting a daily transcript to pay the fees to the court reporter contracted with the court before each day of trial (11.05); no certified court reporter generally available for the following calendars - case management conferences, civil harassment and elder abuse restraining orders, civil law and motion, unlawful detainer, family law civil trials, infractions, probate, guardianships and conservatorships, domestic violence restraining orders, small claims, traffic appellate division matters and criminal misdemeanor cases - the court may utilize electronic recording as the official court record, a statement requesting the services of the official reporter filed at least seven (7) court days prior to the trial or hearing, or no later than twenty-four (24) hours in advance, fees paid prior to the hearing, and a party may arrange for a certified shorthand reporter as an official pro tempore reporter and pay the fee directly when no official reporter is available (rule 2.956) (11.06); notice that an interpreter is required as early as possible and at least fourteen (14) days in advance, on the Interpreter Request Form (MISC-051) (11.07); no contact with the court’s legal research staff about a pending matter without the prior approval of the assigned judge or the Presiding Judge (11.08); remote proceeding requirements under Code of Civil Procedure § 367.75, effective January 1, 2022, as set forth in the Court’s Remote Appearances Policy on the Court’s website (11.09); the attorney’s fee schedule in actions on promissory notes, contracts and foreclosures - 25% of the first $1,000 with a minimum fee of $150.00, then 20%, 15%, 10%, 5% and 2% of the amount over $50,000 - fees under Civil Code sections 2983.4 or 2988.9 not to exceed one thousand ($1,000) dollars except in unusual circumstances, the same amount increased for contested actions and foreclosures, and fees in excess of the schedule on application with declarations (11.10); attorney’s fees in residential unlawful detainer actions not to exceed $300.00 by default, $350.00 uncontested at trial and $500.00 contested at trial (11.11); the required Judicial form of judgment to show the full names and capacities of the parties as in the pleadings and a blank space for costs (11.12); a stipulated judgment a document separate from the stipulation (11.13); an order authorizing the filing of a copy of a lost original pleading or paper (11.14); an appeal from the Labor Commissioner under Labor Code section 98.2 - the complaint and answer, the order, decision or award and a proof of service on the Labor Commissioner filed with the Notice of Appeal or within ten (10) days thereafter, sanctions for delay (Code of Civil Procedure section 177.5 and Government Code section 68606), and the Notice of Appeal treated as the first paper (11.15); a party may electronically transmit a document to a fax filing agency for filing, the agency to prepare it in compliance with rules 2.303 et seq., filing complete on transmission of the entire document and a filing completed after 5:00 p.m. deemed to have occurred on the next court day (11.16); records filed under seal under rule 2.551, transmitted in a secure manner and labeled “CONDITIONALLY UNDER SEAL”, a record not to be filed under seal without a court order (11.17); no alternative writ necessary in seeking mandamus or prohibition relief, the noticed motion procedure used whenever possible, and all legal and administrative remedies exhausted before relief by extraordinary writ is sought (11.18); electronic recording authorized only when the official or contract court reporter is not available, in a limited civil, misdemeanor or infraction case, and on the order of the assigned judge (Gov. Code §69957, rule 2.952) (11.19); a Case Intake Sheet submitted with the complaint in each civil and family law matter, the plaintiff to serve a blank copy with the summons and complaint, and the defendant to submit a Case Intake Sheet upon filing a responsive pleading (11.20); stipulations accompanied by a proposed order, requests for continuances, extensions of time and other motions submitted on the pleadings accompanied by a separate order, settlement agreements initialed by all parties on each page, no “hanging orders”, and parties to reserve hearing dates with the clerk prior to the submission of any order moving or setting a hearing date (11.21); a drop box for documents filed outside of normal office hours, documents court time stamped before 5:00 p.m. deemed filed on the date of deposit, with a copy to be conformed and a self-addressed stamped envelope (11.22); direct calendar assignment to a judicial officer for all purposes, and peremptory challenges under Code of Civil Procedure section 170.6 within fifteen (15) days in a civil proceeding and ten (10) days in a criminal proceeding (11.23); habeas corpus petitions filed with the Clerk, forwarded to the research staff for review and acted upon by the judge assigned to hear criminal law and motion matters, priority to emergency petitions, the court to order a Return within thirty (30) days and appoint counsel after an Order to Show Cause, ten (10) days to file an opposition, and discovery only on leave of court (11.24); no filming, videotaping, photographing or electronic recording in any area of the courthouse unless approved by a written order of a Judge, no microphones, cameras or recording devices in any courtroom without a written order (rule 1.150), and a copy of the order presented to the Bailiff before any coverage (11.25); ex parte orders in family law matters on local form FCS004 with Judicial Council Forms FL-300 and FL-305, notice and moving papers by 10:00 a.m. for a decision the same day on the papers alone, otherwise the next court day (11.26); all papers filed with the clerk, no more than two (2) copies for endorsed filing, moving and supporting papers filed within the time requirements of rule 3.1300 and Code of Civil Procedure section 1005, and proofs of service filed five (5) court days before the hearing (11.27); the court to drop reserved hearings from calendar after the proper time for filing has expired (11.28); appropriate attire in court, the bailiff with authority to enforce this rule and exclude persons (11.29); the court to dismiss an unlawful detainer matter without prejudice if proof of service has not been filed within sixty (60) days (Code of Civil Procedure sections 1161.2 and 1167.1) (11.30); in small claims, the plaintiff to file proof of service on the defendant at least five (5) calendar days before the hearing (11.31); exhibits returned to the proffering party at the hearing unless the court orders the exhibits be retained (11.32); and the Clerk not to accept a Small Claims Notice of Appeal after the statutory period has expired unless a Writ of Mandate has issued (11.33).