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Rule 2 (2.1 to 2.18): civil law and motion - documents presented for filing complying with the California Rules of Court (in particular Rules 2.100 and 3.1110 through 3.1115) and Rule 13, self-contained judgments and orders, and a form of order, ruling or judgment provided by the moving party (2.2); a request for judicial notice of a Butte County Court file filed no less than seven (7) Court days before the hearing (2.3); hearings on motions not regularly reported, a reporter on written request under Rule 1.8(c) or privately retained, and the Transcript Request Form (2.6); continuances by a Stipulation and Order to Continue filed by the close of business the third Court day before the hearing, later only by written Order of the Court for good cause (2.8); tentative rulings on law and motion matters on the Court's website by 3:00 p.m. on the Court day preceding the hearing (2.9); ex parte matters at 4:00 p.m. Monday-Thursday and 1:30 p.m. on Fridays, notice by 10:00 a.m. the day before and papers filed by 10:00 a.m. on the day of the hearing, with the declaration on form LM.010 (2.10); default prove up hearings on the assigned Judge's court trial calendar, requested at least fourteen (14) court days before, declarations submitted at least ten (10) court days before (2.12); summary judgment motions under Code of Civil Procedure §437c (2.13); discovery disputes - special referees and the informal Pretrial Discovery Conference on forms LM.020, LM.030 and LM.040, an opposition within five (5) Court days, tolling (2.14); compromises of a minor's or incompetent's claim and attorney fees under Rule 7.955 (2.16, 2.17); and the guardian ad litem policy (2.18).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 2 LAW AND MOTION (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 7/1/10, as amended 7/1/12, as amended 7/1/13, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/25) 2.1 APPLICABILITY (Effective 7/1/89, as amended 7/1/02) A. This Rule 2 applies to all civil law and motion proceedings. (Effective 7/1/89, as amended 7/1/02) 2.2 PAPERS PRESENTED FOR FILING (Effective 7/1/89, as amended 1-1-03, as amended 7/1/04, as amended 1/1/07) A. All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court, Rules 2.100, 3.1110 through 3.1115, and Butte County Superior Court Local Rules, Rule 13. 1. JUDGMENT. Each judgment or order submitted to the Court shall be self-contained; that is, it may not incorporate by reference any instrument or document that is not made a physical part of the judgment or order itself. 2. The moving party on any motion, petition, or demurrer is to provide a form of order, ruling, or judgment consistent with the relief requested in the moving papers. (Effective 7/1/89, as amended 1-1-0, as amended 7/1/04, as amended 1/1/07) 2.3 JUDICIAL NOTICE (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 7/1/16) A. Any request for judicial notice shall be made in a separately captioned document, listing the specific items of which notice is requested. Copies of those items shall be attached to the request as exhibits and shall be indexed and paginated. When judicial notice of a Butte County Court file is requested, the request shall be filed with the Clerk of the Court no less than seven (7) Court days before the hearing. The request shall contain the title, case number and jurisdiction of the requested Butte County Court file. Where the file sought to be noticed is that of an action outside of Butte County, certified copies of the file's contents will be acceptable in lieu of the original file. The certified copies shall be filed with the Court no less than seven (7) Court days before the hearing. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 7/1/16) 2.4 RESERVED (Effective 1/1/19) 2.5 RESERVED (Effective 1/1/19) 2.6 REPORTING OF PROCEEDINGS (Effective 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 1/1/19, as amended 1/1/26) A. Pursuant to California Rules of Court, Rule 3.1310, notice is hereby given that the Court does not regularly provide for reporting or electronic recording of hearings on motions. Reporters are provided in these matters only by written request in accordance with Butte County Superior Court Local Rules, Rule 1.8(c). Parties may, in the alternative, provide a Reporter that they have privately retained. B. To obtain a transcript, parties shall submit a Transcript Request Form, found in the miscellaneous forms section of the Court’s public website. The form may be submitted via email to the email address on the form, or by mail to: Butte County Superior Court Attn: Support Services Division 1 Court Street Oroville, CA 95965 (Effective 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 1/1/19, as amended 1/1/26) 2.7 RESERVED (Effective 7/1/89, as amended 7/1/03, as amended 1/1/18) 2.8 CONTINUANCE (Civil Law & Motion Only) (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 1/1/19) A. REQUEST TO CONTINUE. Requests to continue law and motion matters may be made by filing a Stipulation and Order to Continue by the close of business the third Court day before the hearing date. Such continuances will only be granted where there is an agreement between the parties and authorization by the moving party. Any request not accompanied by the appropriate fee will be rejected. After the close of business the third Court day before the hearing date, no matter will be continued (whether by stipulation or otherwise) without written Order of the Court, and for good cause shown. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 1/1/19) 2.9 TENTATIVE RULINGS (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/25) A. The Court follows the tentative ruling procedure set forth in California Rules of Court, Rule 3.1308(a)(1): tentative rulings on law and motion matters will be available on the Court’s website at www.butteCourt.ca.gov by 3:00 p.m. on the Court day preceding the hearing. (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/25) 2.10 APPLICATION FOR ORDER SHORTENING TIME AND EX PARTE ORDERS (Effective 7/1/89, as amended 1/1/00, as amended 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 7/1/13) A. All ex parte applications shall comply with California Rules of Court, Rules 3.1200-3.1207. Ex parte matters are considered at 4:00 p.m. on Monday-Thursday and 1:30 p.m. on Fridays, and any day before a holiday wherein the Court is closed. The moving papers must show that notification has been provided as required by California Rules of Court, Rules 3.1200-3.1207. Counsel may appear in person or by phone, or may submit on the papers as allowed in California Rules of Court, Rule 3.1207. The requesting party must show that exigent circumstances will result unless the matter is heard ex parte. B. An ex parte declaration shall contain the information as set forth in Declaration Re: Notice of Ex Parte Application for Orders and/or Orders Shortening Time (form LM.010). Such declaration shall be filed and served with the moving papers. C. Notice must be provided to opposing parties by 10:00 a.m. the day before the requested hearing date. All papers must be filed with the Court by 10:00 a.m. on the day of the hearing. All papers must be served on opposing parties at the earliest possible time. Non-compliance with this Rule may result in either a denial of the requested relief or placing the matter on a law and motion calendar (with or without an order shortening time) in the Court’s discretion. (Effective 7/1/89, as amended 1/1/00, as amended 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 7/1/13) 2.11 RESERVED (Effective 7/1/89, as amended 1/1/00) 2.12 DEFAULT HEARINGS (Effective 7/1/89, as amended 7/1/02, as amended 1/1/26) A. Default prove up hearings are held on the assigned Judge’s court trial calendar. A party can obtain information regarding the assigned Judge’s court trial calendar by calling the Civil Division of the Clerk’s Office. A hearing may be set by filing a request which includes an available court trial date and time in the caption at least fourteen (14) court days prior to the hearing. These matters ordinarily are heard on declarations rather than by oral testimony, although witnesses may need to be present in case questions arise. Declarations and any other supporting evidence, and any argument, should be submitted to the Court at least ten (10) court days prior to the hearing. (Effective 7/1/89, as amended 7/1/02, as amended 1/1/26) 2.13 MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04) A. FORM OF MOTION. All motions for summary judgment or summary adjudication must conform to the requirements of Code of Civil Procedure §437c. These requirements will be strictly enforced by the Court. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04) 2.14 DISCOVERY DISPUTES (Effective 7/1/89, as amended 1/1/00, as amended 7/1/19, as amended 7/1/25) A. SPECIAL REFEREES. It is the policy of the Court to consider the appointment of special referees pursuant to Code of Civil Procedure §639 as necessary to assist in the resolution of discovery disputes. B. In the event that the hearing judge appoints a special referee, the moving party shall prepare an order containing the following: 1. A provision granting the referee power to set the date, time, and place for all hearings determined by the referee to be necessary; to direct the issuance of subpoenas; to preside over hearings; to take evidence; and to Rule on objections, motions, and other requests made during the course of the hearings, all with the same power as if the Court were to preside thereat (except for the power of contempt which is specifically reserved to the Court). 2. A provision requiring the referee to submit a written report to the parties and to the Court within twenty (20) calendar days after the completion of the hearing, containing a proposed order and proposed sanctions if deemed appropriate. 3. A provision that objections to the report shall be filed with the Court no later than ten (10) calendar days after the date of mailing the report to counsel, which objections shall notice a hearing; copies of the objections and responses thereto shall be served upon the special referee. 4. A provision setting forth the hourly fee to be paid to the referee and stating that the fees for the referee and Certified Shorthand Reporter shall be paid equally by the parties within ten (10) calendar days of billing. 5. A provision that directs the special referee to recommend that one or more of the parties pay more than an equal share of the fees. 6. A provision that the Court reserve jurisdiction to make such other and further orders with respect to the special referee as may be just and proper. C. PRETRIAL DISCOVERY CONFERENCE. Should any party wish to voluntarily avail themselves of the procedure, or in the event that the Court orders the parties to comply with an informal Pretrial Discovery Conference then, except for motions to compel the deposition of a duly noticed party or subpoenaed person(s) who have not timely served an objection pursuant to Code of Civil Procedure §2025.410 or otherwise obtained the consent of all interested parties agreeing to the non-appearance of the party or person(s) at the deposition as noticed or subpoenaed, and motions to compel initial responses to interrogatories, requests for production and requests for admission; no motion under sections 2016.01 through 2036.050, inclusive, of the code of Civil Procedure shall be heard in a civil unlimited case unless the moving party has first requested an informal Pretrial Discovery Conference with the Court. 1. Any Request for a Pretrial Discovery Conference must be filed with the Clerk’s Office on the approved form LM.020, must include a brief summary of the dispute, and must be served on opposing counsel on or before the date it is filed with the Court. A proposed order LM.040 must also be submitted. Any Opposition to a Request for a Pretrial Discovery Conference must also be filed on an approved form LM.030, must include a brief summary of why the requested discovery should be denied, must be filed within five (5) Court days of service of the Request for a Pretrial Discovery Conference, extended five (5) calendar days for service by mail, and must be served on opposing counsel. 2. Excepting a privilege log, if required pursuant to subsection (c), below, no other pleadings, including but not limited to exhibits, declarations, or attachments, will be accepted. 3. If the party opponent has any opposition to the dispute as stated in the request described in paragraph no. 1 above, a written opposition on the approved form shall be timely filed. The parties will be provided with an Order indicating whether the request has been granted or denied and, if granted, the date and time of the Pretrial Discovery Conference. If the Court has not issued an order within fifteen (15) Court days after the due date of any opposition, then the Request for a Pretrial Discovery Conference shall be deemed denied. 4. Filing a Request for a Pretrial Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filing of the request and issuance by the Court of a subsequent order pertaining to the discovery dispute. The Court’s order will specify the number of days the time for filing a motion is tolled. On the condition that the request is filed within the forty-five (45) day jurisdictional limit of the California Discovery Act, if the Court has not issued an order within fifteen (15) Court days after the due date of any opposition, then the number of days the time for filing a motion shall be tolled for a period of fifteen (15) Court days if the Request for a Pretrial Discovery Conference was served personally and twenty (20) Court days if the Request for a Pretrial Discovery Conference was served by mail. D. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log must include an identification of all sending and receiving entities, as well as details of the information sufficient to apprise the opposing party of the basis for the privilege. (Effective 7/1/89, as amended 1/1/00, as amended 7/1/19, as amended 7/1/25) 2.15 RESERVED (Effective 7/1/89, as amended 1/1/00) 2.16 COMPROMISE OF MINOR’S OR INCOMPETENT’S CLAIM (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04, as amended 7/1/10) A. Pursuant to California Rules of Court, Rule 7.950, a petition for Court approval of a compromise or covenant not to sue pursuant to Code of Civil Procedure §372 or Probate Code §§2504 or 3500 shall be on the form prescribed by the Judicial Council. B. An expedited petition for Court approval of a compromise or covenant not to sue pursuant to Code of Civil Procedure §372 or Probate Code §§2504 or 3500 shall be determined and authorized by the Court pursuant to California Rules of Court, Rule 7.950.5. A party requiring a hearing under California Rules of Court, Rule 7.950.5(c) may contact the clerk at (530) 532-7017 for a hearing date and time. C. A petition for withdrawal of money deposited in a bank, trust company or savings and loan association on behalf of a minor or incompetent person shall be verified by the guardian, conservator or trustee and, in the case of a competent minor, by such minor if [s]he is at least twelve (12) years of age. An attorney's services relating to such petition are usually included in any fees awarded to the petitioner's attorney at the settlement of the action and, except as otherwise ordered by the Court for good cause shown, no attorney fees shall be charged by such attorney or approved by the Court for such services. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04, as amended 7/1/10) D. 2.17 ATTORNEY FEES IN CASES INVOLVING MINORS OR INCOMPETENT PERSONS (Effective 7/1/89, as amended 7/1/02, as amended 7/1/10) A. FEES. In cases compromised under Code of Civil Procedure §372 or Probate Code §3500, the Court shall approve and allow attorney fees as prescribed in California Rules of Court, Rule 7.955 B. COURT APPROVAL OF EMPLOYMENT CONTRACT--cf. Probate §2644. Except for good cause shown, no contract of employment providing for attorney fees shall be approved by the Court in advance. Under no circumstances shall the contract be considered for approval in advance without the client's appearance on the application for Court approval. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/10) 2.18 POLICY RE: APPOINTMENT OF GUARDIAN AD LITEM FOR MINORS AND INCOMPETENT PERSONS (Effective 7/1/13) A. It is the policy of the Court to deny appointment of a guardian ad litem for a minor or incompetent person where the proposed guardian has in any manner been involved in the action or proceeding and where that involvement has or may have resulted to injuries or damages to the minor or incompetent person. The Court will base its determination of this issue on a case by case basis and shall inquire as to the status and relationship of the proposed guardian and the minor or incompetent person in all cases. B. In each case where an ex parte petition to appoint a guardian ad litem is filed, the petitioning party shall attach a statement of non-involvement to the petition. (Effective 7/1/13)
LOCAL RULE 2 LAW AND MOTION (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 7/1/10, as amended 7/1/12, as amended 7/1/13, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/25) 2.1 APPLICABILITY (Effective 7/1/89, as amended 7/1/02) A. This Rule 2 applies to all civil law and motion proceedings. (Effective 7/1/89, as am
Reviewer note: Composed 2026-10-10 (California T4 Butte build 2026-10-10) from BenchPath custody ca/t4/ca-butte/docs/local-rules/local-rules-january-2026-final-edit_san.pdf (the court's rule book, its cover “Local Court Rules Effective July 1, 2026”, as fetched 2026-10-10; 6485001 bytes, sha256 043b7a23248fccbde751232510b0b283759182bb05446c97c68478f2adcb12b1; 229 pages; this rule PDF pages 21 to 25) with the shared verbatim composer (v2 reflow) and its strike-out: 19 rules - 1 to 4, 6, 9, 12 to 22, 50 and 51 - each composed from its own pages (PDF pages 14 to 126, printed “Page 1 of 216” to “Page 113 of 216”), from its heading (“LOCAL RULE 1 GENERAL RULES”, with its history note on the same row) to its last history note: each page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES”) and its two footer lines (the rule's name and “Page N of 216”) removed as chrome - PDF page 24, a Rule 2 page, prints Rule 1's name in its footer, removed there too; lines reflowed into the rules' paragraphs, each rule's heading and each subdivision's label and title (“2.1 APPLICABILITY”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 14 whitespace-only fixes (build/book-fixes.json: eleven complaint addresses in Rules 6, 9, 16, 17 and 51 whose street the reflow ran into the court's name, each street set on its own line as printed; Rule 2.6(B)'s transcript request address set on its four lines; Rule 2.16's empty label “D.” set apart from Rule 2.17's heading; Rule 16.27's “c)Training” set on its own line) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the rules with their effective dates, the applicability statement, the table of contents, the abbreviations, the subject index, the forms indexes and the local forms printed as page images (PDF pages 127 to 229) belong to no card. Review note: Carried as printed: Rule 2.16's empty paragraph label “D.” before Rule 2.17, and Rule 2.17(A) ending “Rule 7.955” without a period. The book prints Rule 1's footer on PDF page 24, a Rule 2 page.
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.