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Chapter 12 (Rules 12.00 and 12.01): petitions for appointment of a Guardian Ad Litem submitted to the clerk, a nominee who is a plaintiff with the ward or a participant in the occurrence ordinarily not appointed without a declaration that no other parent, relative or friend will accept the appointment and a declaration that there is no conflict of interest, and the approval of an attorney’s contract not approval of a fee (12.00); and the compromise of a claim on Judicial Council Form MC-350 with the order on MC-351 (rules 3.1384, 7.950 and 7.950.5), an order to deposit money into a blocked account on MC-355, the petitioner to deliver three (3) copies of the order and of MC-356 to each depository, a withdrawal on MC-357 with the order on MC-358, the presence of the petitioner and the minor or incompetent person at the hearing unless good cause to excuse attendance is shown in advance by letter request, and a waived filing fee ordered paid out of the settlement proceeds (12.01).
California > Third Appellate District > Amador County > Superior Court of California, County of Amador
CHAPTER 12 - CLAIMS OF MINORS AND INCOMPETENT PERSONS 12.00 Application for Appointment of Guardian Ad Litem Petitions for appointment of a Guardian Ad Litem for a minor or incompetent person shall be submitted to the clerk. When an application is made for appointment of a Guardian Ad Litem and the nominee for appointment is a plaintiff in the same action with the ward or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by: A. A declaration under penalty of perjury setting forth facts establishing that no other parent, relative, or friend can or will accept the appointment of Guardian Ad Litem for the minor in the action; and B. A declaration under penalty of perjury by the attorney for the nominee stating that the attorney, having investigated the circumstances, has represented to the nominee and represents to the court that there is no conflict of interest between the nominee and the minor if the nominee is appointed the Guardian Ad Litem. C. If an attorney's contract is submitted for approval at the time of appointment of a Guardian Ad Litem, approval thereof will not be considered approval of a fee, which shall be subject to Local Rule 12.01. If a lien on any recovery is provided for in such a contract, such will be allowed only to the extent of costs and services actually and reasonably provided on behalf of the ward. (Effective 1/1/95; Amended 7/1/2015) 12.01 Compromise of Claims A. Petitions to Compromise. A petition for court approval of a compromise pursuant to Code of Civil Procedure section 372, Probate Code section 2504, or Probate Code section 3500, shall be made using Judicial Council Form MC-350, Petition to Approve Compromise of Claim and shall comply with rules 3.1384, 7.950 and 7.950.5 of the California Rules of Court. All Petitioners shall also submit a completed Judicial Council Form MC- 351, Order Approving Compromise of Claim. B. Order to Deposit Money. If the petition seeks to have settlement proceeds deposited into a blocked account, the petitioner must also file a completed Judicial Council Form MC-355, Order to Deposit Money Into Blocked Account. If the court approves the deposit into a blocked account, the petitioner must deliver three (3) copies of the order and three (3) copies of Judicial Council Form MC-356, Receipt and Acknowledgment of Order For the Deposit of Money Into Blocked Account, to each depository in which funds are deposited. C. Withdrawal of Funds. Requests for withdrawal of funds deposited into a blocked account must be made using Judicial Council Form MC-357, Petition For Withdrawal of Funds From Blocked Account. Petitioners must also submit a completed Judicial Council Form MC-358, Order for Withdrawal of Funds From Blocked Account. Except as otherwise ordered by the court for good cause shown, where the attorney for the petitioner was allowed fees at the time of settlement, no attorney fees incidental to securing such order will be awarded. D. Presence of Petitioner and Minor or Incompetent Person at Hearing. The presence of the petitioner and minor or incompetent person at the hearing on petition for approval of compromise shall be required, unless, in advance of the hearing, good cause is shown to the court by letter request seeking to excuse that person’s attendance. The court shall consider as factors in weighing such a letter request, without limitation, the following: 1. Amount of settlement; 2. Policy limits; 3. Extent of injury and need for future medical care related to injury; 4. Extent of residual injuries (including cosmetic and psychological); 5. Liability; 6. Travel distance for minor or incompetent person and his or her guardian, including consideration of any disability making travel difficult; and 7. Interruption of education. Generally, where the petitioner is not represented by counsel, an appearance will be required. E. Filing Fee. In any case in which the filing fee was waived, it shall be ordered paid out of the settlement proceeds by court order before orders approving compromise and deposit are filed. (Effective 1/1/95; Amended 1/1/03; Amended 7/1/2015) 12.02 [NUMBER RESERVED FOR FUTURE USE]
CHAPTER 12 - CLAIMS OF MINORS AND INCOMPETENT PERSONS 12.00 Application for Appointment of Guardian Ad Litem Petitions for appointment of a Guardian Ad Litem for a minor or incompetent person shall be submitted to the clerk. When an application is made for appointment of a Guardian Ad Litem and the nominee for appointment is a plaintiff in the same action with the ward or in some manner was a part
Reviewer note: Composed 2026-10-12 (California T4 Amador build 2026-10-12) from BenchPath custody ca/t4/ca-amador/docs/local-rules/2025-01-01_local-rules-court-accessible.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF AMADOR Local Rules of Court Effective Date: January 1, 2025”, as fetched 2026-10-12; 2731170 bytes, sha256 a1d85880106808eb0665ed0313fc1d63b254623347ace78066f5cee3167f614e; 86 pages; this part PDF pages 41 to 43, printed pages 40 to 42) with the shared verbatim composer (v2 reflow): the preface and the rules (PDF pages 6 to 70, printed 5 to 69) composed as one text and cut at the preface's heading and the eighteen chapter headings, each matched once as a whole line (no chapter opens a page of its own); each page's running header (“State of California Superior Court” / “County of Amador”) and running footer (“Revised 01/01/2025”, the page number, “Z/local rules/2025-01.01”, “www.amadorcourt.org”) removed as chrome (390 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title, each lettered or numbered subdivision starting a line and each rule's history (“(Effective ...)”) on a line of its own; no table in the rules; the strike report (review/strike-report-2026-10-12.txt) lists 20 struck runs on 23 pages - every mark, rendered and read (review/render/strike-marks-2026-10-12.png), is a short filled tick, red or black, crossing one printed letter or a space inside a word, or a forms table's rule (PDF pages 72 and 85) - no text is struck, and the book is composed without strike-out; 5 whitespace-only fixes (build/book-fixes.json: the headings of Rules 1.02, 13.10 and 17.05, each printed on a line of its own, set apart from the first sentence the reflow ran onto them; Rule 8.14(F)'s heading, printed “F. Time” / “Limits:”, set as one line; two bullets of Rule 11.06(A)'s list of calendars, which the reflow joined, set apart); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one gap junction, two page breaks, two fragments, four two-line rule titles and Rule 6.04(C)(1)'s unfinished last sentence kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 5), the appendix of local forms (71 to 72), the filing instructions and summary of changes (73), the alphabetical index (74 to 78), the list of effective dates (79 to 84) and the appendix of local forms ordered by name (85 to 86) belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.