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Rule 6 (6.0 to 6.22): judicial arbitration and civil action mediation - exempt actions, and cases with an estimated time for trial of less than two days excluded from mandatory arbitration or mediation (6.0); the Court's file kept by the Clerk (6.1); the ADR Administrator (6.2); ADR orders and further status conferences (6.3); selection of the neutral - the panel of arbitrators and the two-tiered panel of mediators ("party select" and "random select"), form ADR.020 (6.4); the arbitrator's award within five Court days and the mediator's Statement of Agreement or Non-Agreement (ADR-100) within ten days after the completion date, and the ADR-101 information form (6.5); notice of a settlement to the neutral at least two (2) days before a session, or compensation of up to $300.00 (6.6); requests to disqualify a neutral filed within five (5) days of the designation, and vacancies (6.7); compensation - up to three (3) hours of arbitration hearing time, the Court paying up to $150, and three (3) hours free of charge on the random select mediation panel (6.8); arbitration - initiated by election (an award not exceeding $50,000), stipulation or order, withdrawal, the hearing and the award (6.9 to 6.16); appearances at mediation (6.17); mediation by stipulation before the first case management conference, a date agreed with the mediator within fifteen (15) calendar days after the mediator's selection or appointment, and information about the case given to the mediator and the other parties at least five (5) Court days before the mediation hearing, on form ADR.010 or the party's own paper, no longer than five (5) pages (6.18); discovery during mediation (6.19); the mediators - the panels' eligibility (twenty-five (25) hours of formal mediation training, and for the party select panel fifteen (15) court-connected mediations and two (2) pro bono cases a year), four (4) hours of continuing education bi-annually, California Rules of Court, rules 3.850 through 3.868, and non-panel mediators authorized by the judge at the referral (6.20); failure to participate (6.21); and the civil mediator complaint process (6.22).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 6 ALTERNATIVE DISPUTE RESOLUTION (Effective 1/1/06, as amended 1/1/07, as amended 1/1/10, as amended 7/1/10, as amended 1/1/11, as amended 7/1/12, as amended 7/1/17, as amended 7/1/25) 6.0 APPLICABLE LAW AND RULES (Effective 1/1/06, as amended 7/1/10, as amended 7/1/10, as amended 7/1/12, as amended 7/1/25) A. This Rule covers judicial arbitration and civil action mediation. Counsel should ensure compliance with all Trial Court Delay Reduction Rules. It does not apply to contractual arbitration pursuant to Code of Civil Procedure section 1280 et seq. B. Counsel and neutrals utilizing these procedures must familiarize themselves with the applicable statutes and California Rules of Court. For judicial arbitration such provisions are Code of Civil Procedure §§1141.10 to 1141.31 and California Rules of Court, Rules 3.810 through 3.830; for mediation such provisions are Code of Civil Procedure §§1775 through section 1775.15 and California Rules of Court, Rules 3.850 through 3.860. C. Refer to California Rules of Court, Rule 3.811 to determine the following actions are exempt from Arbitration: 1. Actions that include a prayer for equitable relief that is not frivolous or insubstantial. 2. Class actions. 3. Small Claims actions or trial de novo on appeal. 4. Unlawful Detainer proceedings. 5. Any action found by the Court to be not amenable to arbitration or mediation on the ground that arbitration or mediation would not reduce the probable time and expense necessary to resolve the litigation. Upon its own motion or by any party, the Court may determine whether the action is or should be exempt from arbitration or mediation. 6. In addition to those actions exempted from arbitration by Rule 3.811 and all limited civil cases in which no jury trial is demanded, cases with an estimated time for trial of less than two days, shall be excluded from mandatory arbitration or mediation. Any case, however, may be arbitrated or mediated upon written stipulation of the parties, upon written request of the plaintiff, or upon order of the Court. When no preference is expressed by litigants or there is no consensus to the selected ADR process, the Court may make a mandatory referral to mediation. 7. Pursuant to Code of Civil Procedure §1775.4, an action ordered into arbitration may not be ordered into mediation and an action that has been ordered into mediation may not be ordered into arbitration. If an action has previously been referred to the Court ADR program and an ADR hearing was scheduled, the action cannot be ordered/referred again. 8. As defined by California Rules of Court, Rule 3.735, a short cause action is exempted from ADR. (Effective 1/1/06, as amended 7/1/10, as amended 7/1/10, as amended 7/1/12) RULES APPLICABLE TO BOTH ARBITRATION AND MEDIATION 6.1 COURT FILE (Effective 1/1/06) A. The Court’s file shall remain in the possession of the Clerk of the Court. Parties are to provide copies of any Court pleadings or other materials to the neutral as they deem appropriate. (Effective 1/1/06) 6.2 ADR ADMINISTRATOR (Effective 1/1/06) A. Management of Superior Court judicial arbitration and mediation is conducted generally under the supervision of the ADR Administrator. (Effective 1/1/06) 6.3 ADR ORDERS AND FURTHER STATUS CONFERENCE (Effective 1/1/06) A. The Court shall determine on a case-by-case basis the suitability of a particular case for mediation or arbitration. The Court shall confer with counsel as to whether mediation or arbitration offers the better likelihood of final disposition of the case without further proceedings. Counsel are encouraged to discuss the various ADR processes with their clients and explain the confidentiality and non-binding nature of the selected ADR process. Whenever the Court orders arbitration or mediation, it will set the dates for completion of such arbitration or mediation and a further status conference following such completion dates. (Effective 1/1/06) 6.4 SELECTION OF ADR NEUTRAL (Effective 1/1/06, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12) A. When a case is referred to arbitration or mediation, counsel/parties shall proceed immediately to the ADR Administrator to complete the ADR forms prior to selecting an arbitrator or mediator from the Court’s panel. The ADR Administrator shall maintain a panel of arbitrators and a two-tiered panel of mediators. Selection of the arbitrator shall be by stipulation or in the event there is no stipulation, assigned by the ADR Administrator. Parties may use the local Court form entitled Stipulation to Participate in Alternative Dispute Resolution (ADR) (Form ADR.020). Selection of a mediator from the “party select” panel shall be by stipulation. For parties wishing to utilize the “random select” panel, a mediator shall be randomly assigned by the ADR administrator. B. The parties may exercise their right to select an arbitrator or mediator who is not on the Court’s panel (California Rules of Court, Rules 3.815, 3.893); it shall be the responsibility of plaintiff’s counsel to immediately notify the ADR Administrator that the parties will not require the services of the arbitrator or mediator previously appointed or selected from the Court’s panel. C. In limited civil cases, the ADR Administrator will randomly assign an arbitrator or mediator. D. When a case is referred to ADR without an appearance, plaintiff or plaintiff’s counsel must contact the ADR Administrator to initiate the ADR process. Upon completion of the ADR forms, selection from the Court ADR panel will be made (Effective 1/1/06, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12) 6.5 ADR REPORTS (Effective 1/1/06) A. Arbitration. In arbitrated cases, the arbitrator shall file with the ADR Administrator and serve on each party the Award of Arbitration within five Court days after the arbitration hearing. B. Mediation. In mediated cases, the mediator shall file with the ADR Administrator, and serve on the parties within ten days after the completion date for the mediation set by the Court, a Statement of Agreement or Non-Agreement (Judicial Council Form ADR-100). C. Information Form. In both mediated and arbitrated cases, within ten (10) days after completion of the arbitration or mediation, the parties shall complete and file with the ADR Administrator an ADR Information Form (Judicial Council Form ADR-101) or follow-up survey form approved by the Judicial Council or the Butte County Superior Court. (Effective 1/1/06) 6.6 NOTICE OF SETTLEMENT (Effective 1/1/06, as amended 7/1/10) A. Pursuant to California Rules of Court, Rule 3.1385 if a case is settled, plaintiff or the plaintiff's counsel must immediately serve a copy of written notice of the settlement or other disposition on any ADR Neutral involved in the case and the ADR Administrator. The plaintiff must also immediately give oral notice to all of the above if a hearing, conference, or trial is imminent. If the plaintiff or other party seeking affirmative relief does not notify the Court-connected ADR neutral involved in the case of a settlement at least two (2) days before a scheduled hearing or session, the Court may order the parties to compensate the neutral, up to $300.00. B. An Application and Motion for Compensation must be filed by the neutral within five (5) Court days of the scheduled hearing or session. If a dismissal has been filed, the Court maintains jurisdiction to hear the Application and Motion for Compensation. (Effective 1/1/06, as amended 7/1/10) 6.7 VACANCY AND CHALLENGE OF ADR NEUTRAL (Effective 1/1/06) A. Any party may request disqualification of an arbitrator or mediator pursuant to Code of Civil Procedure section 170.1 et seq. The request shall be filed within five (5) days of the designation of the arbitrator or mediator. A copy of such challenge shall be sent to the ADR Administrator. If any arbitrator or mediator should resign, die, withdraw, be disqualified, refuse or be unable to perform the duties of an arbitrator or mediator, the parties shall within five (5) days after receiving notice of such event inform the ADR Administrator who will then return the case to the top of the ADR hearing list. The ADR Administrator shall appoint a new arbitrator or mediator within ten (10) days thereafter and inform the parties. (Effective 1/1/06) 6.8 COMPENSATION TO NEUTRAL (Effective 7/1/06, as amended 7/1/10) A. The parties may exercise their right to select an arbitrator or mediator who is not on the Court’s panel (California Rules of Court, Rules 3.815, 3.893). Compensation will be negotiated between the parties and the neutral and will be the responsibility of the parties. B. Arbitration – Neutrals will provide up to three (3) hours of arbitration hearing time per case. For any additional hours, compensation will be negotiated between the parties and neutral and will be the responsibility of the parties. The Court shall compensate the neutral up to $150 dollars upon submission of a claim form. Any claim for compensation shall be submitted within sixty (60) days of the Arbitration hearing. C. Mediation – Neutrals on the "random-select" panel will provide up to three (3) hours of mediation per case free of charge. Any preparation and case scheduling for the mediation that is necessary will be included as part of the three (3) pro bono hours. For any additional hours, compensation will be the responsibility of the parties. D. Mediators on the “party select” panel shall confer with the parties and agree on the fees and expenses for the mediation, which will be the responsibility of the parties. (Effective 7/1/06, as amended 7/1/10) RULES APPLICABLE TO ARBITRATION 6.9 INITIATION OF ARBITRATION (Effective 1/1/06) A. Arbitration can be initiated by Court order at any time after the filing of the complaint and before the first case management conference in any of three (3) ways: (a) Upon timely written election of the plaintiff, where the plaintiff agrees that the award per plaintiff shall not exceed $50,000; (b) Upon timely stipulation of the parties; the stipulation need not designate the upper limit of the potential award and any amount in controversy may be submitted; (c) Where the judge determines the controversy is amenable to arbitration pursuant to Code of Civil Procedure §1141.10 et seq. Except where the case is in arbitration per (a) above, the arbitrator’s award is not limited to $50,000 but may be for any amount. (Effective 1/1/06) 6.10 WITHDRAWAL FROM ARBITRATION (Effective 1/1/06) A. A case submitted to arbitration may only be withdrawn before hearing by stipulation and Court order or Court order on noticed motion heard in the department where the case is pending (Effective 1/1/06) 6.11 PRE-HEARING CONFERENCE (Effective 1/1/06) A. If the arbitrator finds it helpful to confer with the attorneys informally before the hearing begins, a pre-hearing conference should be convened. Attendees at such hearing should be prepared to discuss: (1) time estimate for hearing, (2) documentary evidence to be offered, (3) stipulations, (4) issues to be determined, and (5) depositions to be used. This conference may be conducted by telephone if deemed appropriate by the arbitrator. (Effective 1/1/06) 6.12 SETTING TIME AND PLACE OF ARBITRATION HEARING; APPEARANCES REQUIRED (Effective 1/1/06, as amended 1/1/07) A. Consistent with California Rules of Court, Rule 3.817, the Arbitrator shall set the time and place for the hearing after consultation with counsel for the parties. However, the arbitrator must ensure that the time for the hearing is set so as to allow the completion of the arbitration by the date ordered by the Court. Normally the arbitration should be held at the offices of the arbitrator. However, in appropriate circumstances the arbitrator may order that the hearing be held at the offices of one of the parties' counsel. B. Appearance by counsel, or party if not represented by counsel, is required at the arbitration session. Non-appearance of counsel or party shall subject counsel or party, after notice and an opportunity to be heard, to monetary sanctions, including, but not limited to, suitable C. compensation to the arbitrator and to the parties who did appear at the arbitration, plus attorney’s fees to make the request for sanctions. (Effective 1/1/06, as amended 1/1/07) 6.13 CONTINUANCE OF HEARING (Effective 1/1/06, as amended 1/1/07) A. The parties may stipulate to a continuance of the hearing as provided for in California Rules of Court, Rule 3.812. In no event shall the hearing be continued beyond the date ordered by the Court for completion of the arbitration except by order of the Court. (Effective 1/1/06, as amended 1/1/07) 6.14 DISMISSALS (Effective 7/1/17) A. Where a party has obtained a waiver of Court fees and/or costs, the Court shall automatically have a statutory lien on any and all settlements, compromises, arbitration awards, mediation settlements or any other type of dispute resolution where the party is to receive $10,000.00 or more in value. (See Government Code § 68637). The case shall not be dismissed until the party who received the Court fees and/or costs waiver satisfies the lien in full. Within 90-days of oral or written notice from the Court, the party shall satisfy the lien in full. (Effective 7/1/17) 6.15 DESIGNATION OF PARTIES AND AMOUNTS IN AWARD (Effective 1/1/06, as amended 1/1/07) A. Consistent with California Rules of Court, Rule 3.825, the arbitrator’s award must be filed within ten (10) days after the conclusion of the arbitration hearing. (Effective 1/1/06, as amended 1/1/07) 6.16 DISPOSITION OF EXHIBITS (Effective 1/1/06) A. Documents, statements, and exhibits received in evidence during the hearing should be returned after the award to the party who offered them. Many arbitrators request that the parties offer copies in evidence so that the arbitrator can discard them after the award has been made. No original exhibits should be destroyed by the arbitrator, since they may be required in the event of a trial de novo. (Effective 1/1/06) RULES APPLICABLE TO MEDIATION 6.17 APPEARANCES REQUIRED AT MEDIATION (Effective 1/1/06) A. The parties shall personally appear at the first mediation session, and at any subsequent session unless excused by the mediator. When the party is other than a natural person, it shall appear by a representative with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or legislative body, by a representative with authority to recommend such an agreement. Each party is entitled to have counsel present at all mediation sessions that concern it, and such counsel and an insurance representative of a covered party shall also be present or available at such sessions, unless excused by the mediator. (Effective 1/1/06) 6.18 STIPULATION TO MEDIATION AND MEDIATION STATEMENTS (Effective 1/1/06, as amended 7/1/10, as amended 7/1/12) A. At any time after the filing of the complaint and before the first case management conference, if all parties stipulate that the case be assigned to mediation, the case shall be assigned to mediation. Where parties stipulate in writing to mediation in advance of the case management conference upon completion of the required ADR forms, a mediator may be chosen from the "party select" panel or randomly assigned from the "random select" panel (see Butte County Superior Court Local Rules, Rule 6.4) either by personal appearance of counsel at the ADR Office, or by phone. In the alternative, the parties may use a mediator of their own selection not on the Court’s panel. B. Within fifteen (15) calendar days after selection or appointment of the mediator, the parties shall agree on a date for mediation acceptable to the mediator. Should the parties fail to do so, the mediator shall select a date for mediation in accordance with California Rule of Court, Rule 3.876 (c) and notify the parties and the ADR Program Coordinator of the selected date, subject to the mediator’s ability to change the selected date for good cause. C. Parties must prepare and give information about their case to the mediator and other parties at least five (5) Court days before the mediation hearing. Parties may use the local Court form entitled Mediation Statement (form ADR.010) or write this information on their own paper. Mediation statements must not be longer than five (5) pages and must contain the following information: 1. The name and title (or relationship to the case) of all people who will attend mediation; 2. A list of people connected with other parties who, if present at mediation, might improve the chances of settlement; 3. A brief statement of the important issues, and the party’s views on liability and damages; 4. A list of legal or factual issues that, if narrowed or resolved early, would promote settlement; 5. A brief description of the history and status of any settlement negotiations; and, 6. Copies of any Court or other documents that will help the mediator understand the issues in dispute. (Effective 1/1/06, as amended 7/1/10, as amended 7/1/12) 6.19 DISCOVERY DURING MEDIATION (Effective 1/1/06) A. During the period that a matter has been referred to mediation, the parties are urged to exercise restraint with respect to conducting discovery. In an appropriate case, a protective order pursuant to Code of Civil Procedure §2017.020 and related provisions may be issued by the Court. (Effective 1/1/06) 6.20 MEDIATORS (Effective 1/1/06, as amended 7/1/10) A. The Court will maintain a two-tiered panel of Court-approved mediators referred to as the “random select” panel and the “party select” panel. To be eligible to serve on the Court’s mediation panel, mediators are required to submit an application to the Supervising Judge of the Civil Division that shows evidence of the following: 1. All mediators on the “random select” panel shall have completed at least twenty-five (25) hours of formal mediation training by a recognized mediation training/education provider. 2. To be eligible to serve on the “party select” panel, the mediator shall have completed at least twenty-five (25) hours of formal mediation training and have participated in a minimum of fifteen (15) Court-connected mediations from any Superior Court with a minimum hearing time of two (2) hours each. Mediators who have previously met this requirement through prior service on the Court’s mediation panel will be eligible. 3. To remain eligible to serve on the “party select” panel, all mediators shall agree to mediate not less than two (2) pro bono cases per calendar year with a minimum hearing time of three (3) hours each. B. After acceptance on the "random select" or "party select" panel, all mediators must complete four (4) hours of continuing education bi-annually in an ADR course approved by a continuing education provider. C. All Court-approved mediators must agree to conform to California Rules of Court, Rules 3.850 through 3.868. D. Non-Panel Mediators may be utilized. However if the parties choose to use a non-panel mediator, the judge must authorize a non-panel mediator at the time of referral and the parties shall be responsible for the mediator's compensation. (Effective 1/1/06, as amended 7/1/10) 6.21 FAILURE TO PARTICIPATE IN MEDIATION (Effective 1/1/06) A. If the Court finds that any party has not participated, in good faith, in Mediation or has otherwise failed to comply with this Rule, sanctions may be imposed. (Effective 1/1/06) 6.22 CIVIL MEDIATOR COMPLAINT PROCESS (Effective 1/1/10, as amended 1/1/11, as amended 7/1/25) A. Complaints concerning Court-Connected Civil Mediators shall be dealt with as follows: 1. Parties and/or attorneys desiring to file a complaint regarding the mediation process or an individual mediator may submit a written complaint to the ADR Administrator utilizing the Alternative Dispute Resolution Mediator Complaint Form. This form is available in the Clerk’s Office and will be reviewed by the Supervising Judge of the Civil Division. 2. Written complaints or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico CA 95928 3. Written acknowledgement that the Court has received the complaint will be sent to the complainant. If further action is needed, the investigation process shall be completed within ninety (90) days. If warranted, the Mediator will be given notice of the complaint and an opportunity to respond pursuant to California Rules of Court, Rule 3.869. At the conclusion of the investigation, a recommendation concerning Court action, if any, will be made by the Supervising Judge of the Civil Division or their designee, and written notice of the final action shall be sent to the complainant. (Effective 1/1/10, as amended 1/1/11, as amended 7/1/25)
LOCAL RULE 6 ALTERNATIVE DISPUTE RESOLUTION (Effective 1/1/06, as amended 1/1/07, as amended 1/1/10, as amended 7/1/10, as amended 1/1/11, as amended 7/1/12, as amended 7/1/17, as amended 7/1/25) 6.0 APPLICABLE LAW AND RULES (Effective 1/1/06, as amended 7/1/10, as amended 7/1/10, as amended 7/1/12, as amended 7/1/25) A. This Rule covers judicial arbitration and civil action mediation. Counsel sho
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 36 to 42) 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 6.12's label “C.” set beside the end of 6.12(B)'s sentence on sanctions (“... suitable” / “C. compensation to the arbitrator ...”).
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.