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Chapter 4 (Rules 4.00 to 4.06): all local rules related to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers preempted by the California Rules of Court and applicable provisions of the Code of Civil Procedure, the Rules of Court to take precedence in a conflict, and a failure to comply subject to sanctions under rule 2.30 (4.00); the moving party to file a notice of withdrawal of a civil motion at least two (2) court days before the motion is to be heard, with a representation that the moving party has notified the opposing party (4.01); the parties to lodge with the clerk’s office a chambers copy of all pleadings and papers filed on a summary judgment motion at the time moving and opposing papers are filed (4.02); tentative rulings for all regularly scheduled civil law and motion matters, available after 2:00 p.m. on the court day before on the Court’s online portal under “Events” of the case at http://www.amadorportal.org, notice of intent to appear required by a voice message on the court’s oral argument line at (209) 257-2692 pursuant to CRC 3.1308(a), the tentative ruling by telephoning (209) 257-2603 prior to 3:00 p.m. if a party is unable to access the online portal, parties intending to appear and contest to notify the court and opposing counsel by telephone no later than 4:00 p.m. on the court day before the hearing, the notice all noticed motions and demurrers must include, the tentative ruling becoming the ruling absent oral argument, and the procedures do not apply where a self-represented party is in the custody of the California Department of Corrections (4.03); the requesting party to comply with rule 3.1800 on a default judgment by affidavit under Code of Civil Procedure section 585(d), and to apply to the clerk for a hearing date when personal testimony is required (4.04); no relief to a party joining another party’s motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, and a specific showing of the basis for the relief (4.05); and continuances of law and motion matters - an uncontested continuance re-calendared on a confirming notice to the court at least two (2) days before the hearing, the matter reset no more than twice, a contested request by noticed motion or ex parte application, a court ordered hearing continued only on order of the court, ex parte or by written stipulation submitted five (5) court days before, and the court to approve any continuance of a motion for summary judgment or summary adjudication, requested at least seven (7) court days before the scheduled hearing (4.06).
California > Third Appellate District > Amador County > Superior Court of California, County of Amador
CHAPTER 4 – CIVIL LAW AND MOTION RULES 4.00 Preemption of Local Rules All local rules related to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers have been preempted by the California Rules of Court and applicable provisions of the Code of Civil Procedure. To the extent there is a conflict or inconsistency between the Rules of Cou
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 9 to 11, printed pages 8 to 10) 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. Review note: Rule 4.03(D) prescribes the notice every noticed motion and demurrer must include - a tentative ruling “by 2:00 p.m.”, “call (209) 257-2603”, notice of intent to contest “no later than 4:00 p.m.” - while the court’s ADR information package (held), served with every civil complaint, quotes the notice as “by 3:00 p.m.”, “call (209) 257-2692” and “by 4:30 p.m.”, and places the first case management conference “approximately 150 days after filing” where Rule 8.05(C) says approximately 125 days (a review task).
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.
CHAPTER 4 – CIVIL LAW AND MOTION RULES 4.00 Preemption of Local Rules All local rules related to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers have been preempted by the California Rules of Court and applicable provisions of the Code of Civil Procedure. To the extent there is a conflict or inconsistency between the Rules of Court and these rules, the Rules of Court will take precedence. The failure of counsel or a party to comply with the relevant provisions of the California Rules of Court may subject counsel and/or the party to sanctions pursuant to Rules of Court, rule 2.30. (Effective 1/1/00; Amended 1/1/07; Amended 7/1/2015) 4.01 Withdrawing Civil Motions The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice. (Effective 7/1/12; Amended 7/1/2015) 4.02 Summary Judgment Motions At the time moving and opposing papers are filed, the parties shall lodge with the clerk’s office a chambers copy of all pleadings and papers filed. (Effective 7/1/2015) 4.03 Tentative Rulings A. The court operates a tentative ruling procedure for all regularly scheduled civil law and motion matters. On the afternoon of the court day before a law and motion matter is calendared for hearing, the court shall prepare a tentative ruling for each matter on calendar. Tentative rulings for the next court day will be available after 2:00 p.m. on the Court's online portal under “Events” of the case once logging in at http://www.amadorportal.org. Notice of intent to appear at the hearing by leaving a voice message on the court’s oral argument line at (209) 257-2692, pursuant to CRC 3.1308(a) is required. If a party is unable to access the online portal, the tentative ruling may be accessed by telephoning (209) 257-2603, prior to 3:00 p.m. B. Parties satisfied with a tentative ruling need not appear at the scheduled hearing, unless ordered to do so by the court. Parties intending to appear and contest the tentative ruling must notify the court and opposing counsel by telephone no later than 4:00 p.m. on the court day before the hearing. Unless opposing counsel has been notified of such intent, oral argument will not be permitted. C. Where appearance has been requested or invited by the court, limited oral argument will be entertained. D. All noticed motions and demurrers in civil matters shall include the following information in the notice: "Pursuant to Local Rule 4.03, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. To receive the tentative ruling, call (209) 257-2603 or visit the Court’s website, www.amadorcourt.org. If you intend to appear and contest the tentative ruling, you must notify the court and opposing counsel of such intent by telephone no later than 4:00 p.m. on the court day preceding the hearing. If you do not provide proper notice to the court and the opposing party no hearing will be held." E. Absent oral argument, the tentative ruling will become the ruling on the motion, becoming effective at the date and time set for the noticed motion. F. These tentative ruling procedures do not apply in any case in which a self-represented party is in the custody of the California Department of Corrections. (Effective 7/1/01; Amended 7/1/04; Amended 1/1/08; Amended 7/1/10; Amended 7/1/11; Amended 7/15/2015; Amended 1/1/2023, Amended 1/1/2025) 4.04 Default Judgments by Affidavit If a default judgment is requested by affidavit pursuant to Code of Civil Procedure section 585(d), the requesting party shall comply with rule 3.1800 of the Rules of Court. If, after reviewing the materials submitted, the court determines personal testimony is required, the clerk shall so advise the moving party. If testimony is required, the moving party must apply to the clerk for a hearing date and file the form provided by the court for setting default or uncontested matters for hearing. (Effective 7/1/01; Amended 1/1/07; Amended 7/15/2015) 4.05 Joining Motions of Other Parties If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. The notice of joinder must include a specific showing of the basis for the relief sought by the other party and how it applies to the joining party. (Effective 7/1/01; Amended 7/1/12; Amended 7/1/2015) 4.06 Continuances These provisions apply only to the continuances of law and motion matters and do not apply to the continuances of trial or any matters set pursuant to the Trial Delay Reduction Rules. If the requested continuance is uncontested and has been served, the matter may be re-calendared upon request of the moving party. The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per. In no event shall the matter be reset more than twice. Failure to provide confirming notice, as directed herein, will result in the matter being dropped from the calendar. If the continuance involves a motion, which has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion. If the requested continuance is contested, or if the matter has been previously reset by the clerk more than twice, the request shall be made by noticed motion or ex parte application pursuant to the rules set forth herein. Any court ordered hearing, such as a hearing on an order to show cause, an application for a temporary restraining order or injunctive relief, may be continued only on order of the court. The order may be obtained ex parte or by written stipulation of all parties submitted to the court five (5) court days before the date set for hearing. The court must approve any continuance of a motion for summary judgment or a motion for summary adjudication. The order may be obtained by ex parte application. Any request for continuance of such a motion must be made at least seven (7) court days before the scheduled hearing. If any party intends to appear in court to request continuance of a motion, such party shall notify the court at least seven (7) court days before the time set for hearing. (Effective 7/1/01; Amended 7/01/04; Amended 1/1/07; Amended 7/1/09; Amended 7/1/11; Amended 7/1/2015)
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.