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Rule 3 (3.1 to 3.12): the Trial Court Delay Reduction Program for general civil cases filed after July 1, 1992 (3.1), its policy - 90% of civil cases concluded within twelve (12) months, 98% within eighteen (18) months and 100% within twenty-four (24) months (3.5); service of pleadings with a proof of service, an Order to Show Cause on a failure, responsive papers five (5) calendar days before, uninsured motorist cases suspended for up to 180 days (3.7); case management plans 1 to 4, unlimited cases presumed Plan 1 and limited cases Plan 4 (3.8); the Notice of Assignment and Case Management Conference - set within 180 days of filing, within 120 days for limited general civil cases - with a blank Case Management Statement (CM-110) and the Alternative Dispute Resolution Package served with the complaint, the Case Management Statement filed and served no later than fifteen (15) calendar days before the conference, attendance and the pretrial orders (3.9); settlement conferences - full authority, settlement conference statements filed and served five (5) Court days before (form DR.040), excuses sought five (5) calendar days before, a mandatory meet and confer ten (10) calendar days before (3.10); late papers marked "Late Filed Document" (3.11); and sanctions (3.12).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 3 ADMINISTRATION OF CIVIL LITIGATION (Effective 7/1/92, Title Amended 1/1/99, as amended 7/1/02, as amended 7/1/04, as amended 1/1/07, as amended 1/1/08, as amended 7/1/08, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16, as amended 1/1/19, as amended 7/1/20) 3.1 EFFECTIVE DATE (Effective 7/1/92 as amended 7/1/02) A. This Rule applies to all general civil cases filed in the Superior Court after July 1, 1992, and such other cases assigned to the Trial Court Delay Reduction Program ("Program") by the presiding judge. Juvenile, Probate, Civil Harassment and Domestic Relation cases (including all cases filed by the BUTTE COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES under the Welfare & Institutions Code), Extraordinary Writs, Unlawful Detainer, Small Claims and Asset Forfeiture cases under Health and Safety Code §11470 et. seq. are not included. (Effective 7/1/92 as amended 7/1/02) 3.2 DEFINITIONS (Effective 7/1/92) A. As used in Rule 3: 1. The term "counsel" includes parties representing themselves; 2. The term "plaintiff[s]" also includes cross-complainant[s]; 3. The term "defendant[s]" also includes cross-defendant[s]. (Effective 7/1/92) 3.3 RESERVED (Effective 7/1/92, as amended 1/1/99) 3.4 TRANSFERRED CASES (Effective 7/1/92) A. Unless excluded under Butte County Superior Court Local Rules, Rule 3.1, all cases transferred from another jurisdiction are subject to this Rule. (Effective 7/1/92) 3.5 POLICY (Effective 7/1/92, as amended 7/1/02) A. It is the policy of the Butte County Superior Court, 1. to manage all cases from the moment the complaint is filed; 2. to conclude 90% of all civil litigation cases filed within twelve (12) months of the filing of the complaint; 3. to conclude 98% of all civil litigation cases within eighteen (18) months of the filing of the complaint and 100% within twenty-four (24) months; 4. that once any date has been set, it cannot be changed without a showing of good cause. (Effective 7/1/92, as amended 7/1/02) 3.6 RESERVED (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04) 3.7 SERVICE OF INITIAL PLEADINGS, AMENDMENTS AND RESPONSIVE PLEADINGS (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) A. Pursuant to California Rules of Court, Rule 3.110, the complaint, cross-complaint, any amended complaints and responsive pleadings must be served and a proof of service filed with the Court. B. Upon failure to serve the complaint, cross-complaint, any amended complaints and responsive pleadings and file a proof of service as required above, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with this Rule. Responsive papers to the Order to Show Cause must be filed and served five (5) calendar days in advance of the hearing. C. In regards to uninsured motorists cases: 1. Promptly upon learning that an action is to proceed as an uninsured motorist case, counsel for plaintiff[s] shall file a request setting forth the information upon which such a determination has been made. The request shall include: a statement that coverage exists under an uninsured motorist's insurance policy, the name of the carrier, and limits of coverage. It shall also include a statement that counsel believes that the limits of coverage are adequate to compensate for known loss or damage; that plaintiff[s] will promptly pursue such remedy and that it is counsel's present intention to assign the claim or dismiss the pending action upon receipt of a recovery by settlement or award; 2. The request shall be captioned "Request for Temporary Exemption - Uninsured Motorist Case"; and contain a form of order. 3. Upon review of the request, the Court may designate the action as an uninsured motorist case in which event the time requirements under this Rule will be suspended for up to 180 days from the date the complaint was filed or from such other date the Court, in its discretion, shall fix. The case will be monitored by the setting of a review hearing at the end of the suspension period. If a dismissal has not been filed, counsel for plaintiff[s] must file a further declaration ten (10) Court days prior to the review hearing date, provide a status report, and, if necessary, a request with supporting justification for additional time to conclude the case. (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) 3.8 CASE MANAGEMENT PLAN (Effective date 7/1/2002, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/08) A. Pursuant to California Rules of Court, Rule 3.714(b) each case shall be evaluated and assigned to one of the following plans: 1. Plan 1 – Disposition within 12 months from the date of filing 2. Plan 2 – Disposition within 18 months from the date of filing 3. Plan 3 – Disposition within 24 months from the date of filing 4. Plan 4 – Disposition within 9 months from the date of filing B. The Court presumes that an unlimited case is subject to a disposition goal of Plan 1 unless exempted by good cause shown. C. The Court presumes that a limited case is subject to a disposition goal of Plan 4 unless exempted by either qualification pursuant to California Rules of Court, Rule 3.740 or good cause shown. Limited cases that have not been adjudicated or have filed a conditional settlement by the time of the Case Management Conference (within 120 days from initial filing of the complaint) shall be ready to set for trial. The Court may set qualified California Rules of Court, Rule 3.740 cases for a status conference at least 195 days from date of filing of the complaint to determine status of service. D. [EXCEPTION ORDER] The Court may in the interest of justice exempt a case from the disposition goals if it finds the case involves exceptional circumstances that will prevent the Court and the parties from meeting the goals and deadlines imposed by the program. In making this determination, the Court is guided by California Rules of Court, Rules 3.715 and 3.400. 1. In the event the Court exempts a case, the Court shall designate a case management plan with a maximum disposition goal of 3 years (36 months) from the date of filing pursuant to California Rules of Court, Rule 3.714. (Effective date 7/1/2002, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/08) 3.9 CASE MANAGEMENT CONFERENCE (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16) A. FILING OF COMPLAINT 1. Upon filing a complaint, the Plaintiff[s] shall receive the following from the Clerk, unless the forms are available on the Court’s website: a. Notice of Assignment and Case Management Conference. (The Case Management Conference will be set within 180 days of the filing date of the original complaint for all cases except for limited general civil. Limited general civil (Plan 4) cases will be set for a Case Management Conference within 120 days of filing of the initial complaint); b. A blank Case Management Statement [Judicial Council Form CM-110]; (available upon request from the Clerk’s Office or on the Court’s website at www.butteCourt.ca.gov); and c. An Alternative Dispute Resolution Package (available upon request from the Clerk’s Office or on the Court’s website at www.butteCourt.ca.gov). 2. Any cross-complaint naming new parties shall also be served with a blank Case Management Statement, Notice of Assignment and Case Management Conference, and an Alternative Dispute Resolution Package. 3. If a case is transferred from another jurisdiction after a responsive pleading has been filed, the Case Management Conference will be set within forty-five (45) calendar days from the date of receipt. If no responsive pleading has been filed, the Case Management Conference will be set within ninety (90) days from the date of receipt. In all other particulars, the plaintiff in a transfer case will receive the same information and items as described in Butte County Superior Court Local Rules, Rule 3.9(a)1. a. NOTICE. At the time of serving the summons and complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of Assignment, and Case Management Conference a blank Case Management Statement by the plaintiff (or cross-complainant) and an Alternative Dispute Resolution Package. Plaintiff/cross-complainant shall provide proof of service and file with the Court. b. CASE MANAGEMENT STATEMENT. Each appearing party shall file and serve the completed Case Management Statement no later than fifteen (15) calendar days before the Case Management Conference. Subsequent Case Management Statements may be required at the discretion of the Court for further evaluation. Additional Case Management Statements shall be required for further evaluation of the case at all subsequent Case Management Conferences if not excused by the Court. c. CASE MANAGEMENT CONFERENCE. Counsel for each appearing party shall attend the Case Management Conference, or shall have other counsel appear on his/her behalf or may appear telephonically. Counsel or counsel appearing for counsel of record, shall be prepared to discuss all matters enumerated in 3.9(d)1.A. - 1.H. Counsel or counsel appearing on behalf of counsel of record, shall be subject to sanctions if not fully prepared to address items 3.9(d)1.A - 1.H. on behalf of the party for whom they are appearing. d. At the Case Management Conference, the Court shall make all appropriate pretrial orders pursuant to California Rules of Court, Rules 3.720-3.730 including, but not limited to: 1) CASE EVALUATION: All civil cases subject to this Rule shall be evaluated and designated by the Court pursuant to Butte County Superior Court Local Rules, Rule 3.8. The assigned judge will decide which case plan is appropriate based on the Case Management Statements. The assigned judge may redesignate any case at any time after a hearing set for that purpose. 2) DISMISS DEFENDANTS, WITH THE EXCEPTION OF DOE DEFENDANTS. Orders dismissing defendants, fictitious cross-defendants, served and unserved defendants and cross-defendants who have not appeared and against who no default has been taken, unless the Court for good cause otherwise orders and sets dates by which they shall be served. 3) ALTERNATIVE DISPUTE RESOLUTION. The Court may make Orders on stipulation to binding arbitration, judicial arbitration, and set the date for completion of the arbitration and filing of the award. a) The Court shall examine and consider Alternative Dispute Resolution programs or procedures available to the parties, including conciliation and mediation, and shall require the parties to attempt such alternative means of resolving the dispute whenever feasible and whenever doing so may expedite the resolution of the dispute. b) Pursuant to Butte County Superior Court Local Rules, Rule 6, Code of Civil Procedure §1775 et.seq. and California Rules of Court, Rules 3.891 through 3.892, the Court shall determine the case's amenability to Court ordered mediation. 4) TRANSFER. Orders transferring an unlimited case to a limited case on stipulation or on the Court's determination that it is reasonably probable that the amount in controversy will not exceed $25,000. 5) BIFURCATION, SEVERANCE, CONSOLIDATION. Orders consolidating (for all or limited purposes), bifurcating, or severing issues or causes of action. 6) DISCOVERY AND LAW AND MOTION. Orders scheduling dates by which discovery and law and motion matters must be completed. 7) FURTHER CASE MANAGEMENT CONFERENCE. At the Case Management Conference, the Judge may order a further Conference wherein all counsel of record are required to personally attend. 8) TRIAL DATE, TRIAL READINESS CONFERENCE DATE. At the Case Management Conference, the Court will ordinarily set the matter for Trial and set a Trial Readiness Conference. Counsel appearing should be prepared with trial counsel's available dates for the next two (2) years. e. Failure to file cross-complaints shall not be considered a valid ground for enlarging the time for trial, arbitration or other processes. Untimely cross-complaints shall, in most cases, be severed so as not to delay the orderly processes of the Court. (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16) 3.10 SETTLEMENT CONFERENCES (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07, as amended 7/1/08, as amended 7/1/10, as amended 1/1/26) A. This Court adopts the policy that good faith efforts to settle civil proceedings are an essential part of the judicial process, and that good faith efforts to settle shall be made in conformity with California Rules of Court, Rule 3.1380. B. AUTHORITY TO SETTLE. 1. Each person required to attend the settlement conference, must have full authority to make decisions and negotiate concerning the case for which the settlement conference is scheduled. 2. The attorney[s] for all parties appearing in the action who attend the conference, must be intimately familiar with the pertinent available evidence involving both liability and damages. The attorney[s] assigned to try the case shall be present at the settlement conference, unless good cause for his or her absence is shown. 3. All counsel shall ascertain whether there are claims or liens which may affect a settlement, and if so, request in writing the claimants or lienholders, or their representatives, to attend the settlement conference. A copy of such written request shall be mailed to the Court. C. SETTLEMENT CONFERENCE STATEMENTS AND SUPPORTING DOCUMENTS. 1. Not less than five (5) Court days prior to the scheduled settlement conference, each party shall file and serve the Settlement Conference Statement. 2. The Settlement Conference Statement shall be in writing and shall describe the case and all relevant legal issues, factual issues, and contentions. The statement and supporting material must be sufficiently detailed to enable the settlement conference judge or the pro tem judges to conduct a meaningful settlement conference. 3. Parties may use local Court form entitled Settlement Conference Statement (form DR.040). 4. The attorney[s] for each party or each party representing themselves claiming damages in a personal injury action shall bring to the conference all reports and records of any and all examining doctors, shall include in the settlement conference statement a list of all special damages claimed, and shall supply corroborating evidence, to be available for examination by the settlement conference judge. 5. In a personal injury action, the special damages for each plaintiff should be up-to-date, listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any. 6. Opposing counsel shall bring with them copies of all reports and records of all examining doctors employed by them or their insurance carrier[s], if any, who examined plaintiff[s], to be available for consideration by the settlement conference judge. 7. All counsel shall organize in advance and bring to the conference such medical reports and records and any depositions (with relevant pages premarked), photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all other documents pertinent to settlement of the case for examination by the settlement conference judge. D. POWERS OF THE COURT AT SETTLEMENT CONFERENCES. 1. The settlement conference judge may accept for filing the written stipulations by the parties, but shall not, except for good cause shown, change the date set for trial or hear and Rule on law and motion matters. 2. In all conferences resulting in settlement of a case, the terms thereof may be placed upon the record with a reporter present or, if one is not available, by minute order. 3. Requests for continuance of the date of the initial settlement conference shall be addressed to the Court. However, the settlement conference judge or those conducting the settlement conference may, at the conclusion of the conference, continue it to any other convenient date or time prior to the date set for trial. E. EXCUSES FROM ATTENDANCE; TELEPHONE AVAILABILITY. 1. Any application to the Court to excuse attendance of any person whose attendance is required by California Rules of Court, Rule 3.1380 shall be made to the assigned judge not less than five (5) calendar days before the date set for the settlement conference. 2. Any person whose presence at a settlement conference is required by California Rules of Court, Rule 3.1380 may be excused by order of the Court for good cause shown but, if so excused, shall be and remain immediately available for telephone communication with counsel and the Court at the time set for and throughout the settlement conference. F. NOTICE TO COURT UPON SETTLEMENT. 1. Should any case set for a settlement conference settle or otherwise terminate before the date of any conference, hearing, or trial, the attorneys for the parties shall immediately notify the clerk pursuant to California Rules of Court, Rule 3.1385. 2. Upon the settlement of a case at any time following the settlement conference and before the trial date, each party seeking any affirmative relief in the action shall immediately notify the Clerk, particularly if a further settlement conference is calendared. G. MANDATORY MEET AND CONFER 1. Representatives of each party, with full authority to settle, shall meet in person or confer by telephone no less than ten (10) calendar days before the settlement conference in a good faith attempt to settle the case. 2. A good faith offer and a good faith demand shall be exchanged. Failure to make a good faith attempt to settle will result in the Court considering sanctions. (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07, as amended 7/1/08, as amended 7/1/10, as amended 1/1/26) 3.11 LATE PAPERS (Effective 1/1/19, as amended 7/1/20) A. No paper shall be rejected for filing on the ground that it was submitted for filing after the time set forth in these Rules. Late filed papers shall be filed by the Clerk and shall be marked conspicuously as "Late Filed Document." B. The Court may, in its discretion, refuse to consider late filed papers or may impose sanction, including monetary sanctions. Where opposition papers are late or entirely omitted, no oral argument by the opposing party will be allowed unless the Court otherwise directs. Relief from the operation of this Rule must be sought from the Court by ex parte application or noticed motion and will be granted only upon a showing of good cause. Such relief may also be conditioned upon payment of sanctions for noncompliance. (Effective 1/1/19, as amended 7/1/20) 3.12 SANCTIONS (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) A. If the Court finds that any party has not proceeded with due diligence or has otherwise failed to comply with Butte County Superior Court Local Rules and California Rules of Court, Rules 2.100-2.30, the following sanctions may be imposed: 1. Strike all or any part of the pleadings of the party violating the Rules; 2. Dismiss the action or enter judgment by default against such party; 3. Impose other penalties of a lesser nature as otherwise provided by law; or 4. Order that party or his or her counsel to pay to the moving party reasonable expenses, including attorney fees, incurred in seeking enforcement of the Rules. [Code of Civil Procedure § 575.2(a)] (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07)
LOCAL RULE 3 ADMINISTRATION OF CIVIL LITIGATION (Effective 7/1/92, Title Amended 1/1/99, as amended 7/1/02, as amended 7/1/04, as amended 1/1/07, as amended 1/1/08, as amended 7/1/08, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16, as amended 1/1/19, as amended 7/1/20) 3.1 EFFECTIVE DATE (Effective 7/1/92 as amended 7/1/02) A. This Rule applies to all general civil cases filed in the Supe
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 26 to 32) 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.
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.