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Chapter 3 (Rules 3.1 to 3.9): routine ex parte applications, with no hearing required and no local form Application for Immediate Court Hearing and Order - applications on which all parties stipulate in writing, applications for waiver of court fees and costs, for appointment of a guardian ad litem to initiate an action or of counsel, a request for an order to show cause without temporary orders or to file documents which exceed page limits, an application for default judgment, a request for order shortening time in Family Code matters on the Judicial Council form, temporary restraining order applications under the Family Code or the Code of Civil Procedure on Judicial Council forms, and a petition for appointment of a temporary conservator by the Calaveras County Public Guardian or Director of Behavioral Health Services (3.1); extraordinary ex parte applications - all others - with the applicant's presence at the hearing required and the local form Application for Immediate Court Hearing and Order, to strictly comply with rules 3.1200 through 3.1207, Family Code §3064 or other statutory authority (3.1); the adequacy of an ex parte application determined on the papers, evidentiary facts on personal knowledge required, and applications for temporary relief with a proposed order filed no later than 12:00 p.m. at least one court day before the requested hearing (3.1); a separate Proof of Service of Summons (POS-010) for each defendant and cross-defendant (3.2); Law and Motion in limited and unlimited civil matters on Fridays at 9:00 a.m. in Department 2, matters limited to ten (10) minutes and a maximum of ten (10) matters on any Friday's calendar, the court to reschedule the hearing date once the maximum allotment has been reached, a matter that justifies a hearing lasting more than ten (10) minutes designated a short cause matter, evidence by written declaration, affidavit or request for judicial notice only, and matters not continued, even by stipulation, except upon approval by the court for good cause (3.3); motions served under the Code of Civil Procedure § 1005(b) timelines - five, ten, twelve or twenty calendar days for service by U.S. Mail, two calendar days for service by facsimile, email, express mail or overnight delivery, and thereafter sixteen (16) court days to the earliest law-and-motion hearing date (3.3); motions to be relieved as counsel on the Judicial Council forms under rule 3.1362, with a declaration identifying all matters calendared for hearing (3.3.1); default judgments by affidavit under rule 3.1800 and Code of Civil Procedure §585(d), the clerk to advise when personal testimony is required (3.3.2); attorney's fees in default actions of 25 percent of the first $1,000 (with a minimum fee of $150), 20 percent of the next $4,000, 15 percent of the next $5,000, 10 percent of the next $10,000, 5 percent of the next $30,000 and 2 percent of the amount over $50,000 (3.3.3); the prevailing party to prepare orders after hearing under rule 3.1312, unless otherwise directed (3.3.4); the court notified at the earliest opportunity of a motion for continuance on the short cause law and motion and order to show cause calendar (3.3.5); a matter with no appearance by the moving party at calendar call ordered off-calendar, all parties then re-noticed (3.3.6); the tentative ruling system on the Law and Motion calendar - tentative rulings available by 2:00 p.m. on the court day preceding the hearing on the court's website, the tentative ruling to become the ruling of the court unless a party desiring to be heard so advises the Court by 4:00 p.m. on the court day preceding the hearing, all other sides notified, by calling 209-754-6285 - and the language every notice of a law and motion matter must include (3.3.7); general civil cases in the Delay Reduction Program under Government Code §68600, the clerk to append at filing the Notice of Inclusion in Civil Case Delay Reduction Program and Setting Case Management Conference, the first conference set approximately 120 days from filing, the filing party and cross-complainants to serve the notice (3.4.1 to 3.4.4); each party to file and serve a Case Management Conference Statement (CM-110) not less than 15 calendar days before each conference, counsel and self-represented parties to attend when there is no tentative ruling or a party objects to it, and tentative rulings for conference hearings on the court's website and at the clerk's filing window (3.4.5); case management plans with disposition within 12, 18 and 24 months, cases initially assigned to Plan 1 (3.4.6); the jury deposit under Code of Civil Procedure §631, a failure to deposit advance jury fees to result in a waiver of trial by jury (3.4.7); motions on the Civil Law and Motion calendar, the Case Management Conference calendar not a Law and Motion calendar (3.4.8); no at-issue memorandum in any delay reduction case (3.4.9); sanctions for failure to comply - monetary sanctions, limitation of evidence and/or dismissal (3.4.10); at-issue general civil actions submitted to judicial arbitration if the amount in controversy will not exceed fifty thousand dollars ($50,000) for each plaintiff under Code of Civil Procedure § 1141.11(b) (3.5); a settlement conference set at least 15 days prior to the trial date (3.6.1); each plaintiff prepared to make a minimum request and each defendant a highest offer, the attorney responsible for the trial of the case to attend, and persons having full authority to settle present, the Court may allow them, only on a good cause application made prior to the conference, to be available telephonically (3.6.2); all counsel to submit to the court and serve on all parties, at least five court days prior to the conference, a Settlement Conference Statement not to exceed five pages, to conform with rule 3.1380, and the parties to have communicated their settlement requests and offers prior to the conference (3.6.3); participation in good faith (3.6.4); on a failure to appear by the parties seeking affirmative relief, the Court may order the trial date vacated, dismiss the action or impose monetary sanctions, a case where no party appears placed on the law and motion calendar for the purpose of being dismissed, and the date for obtaining a default judgment prior to the end of the track in which the case has been placed (3.6.5); a request to set an unlawful detainer for trial on form UD-150, the matter set on the Case Management Calendar within approximately 30 days if possession is no longer an issue, and for trial not more than 20 days from the request if possession is an issue, notice mailed by the clerk at least 10 days prior to trial (3.7); unlawful detainer trials on Tuesdays at 1:30 p.m. in Department 4 by a commissioner unless a written objection is filed at least five (5) court days prior to trial, the commissioner then to conduct the trial as a referee (3.7.1); remote appearances by counsel and unrepresented litigants in non-evidentiary law and motion, probate and case management hearings, with “Remote Appearance” below the title of the papers or Judicial Council forms RA-010 and RA-020 and the court's selected vendor, personal appearances required, unless prior permission is obtained through application and order of the court, in Family Law matters (except for Case Status Conferences), Welfare and Institutions Code matters, guardianship and conservatorship hearings, petitions under Code of Civil Procedure §§ 527.6, 527.7, 527.8 and Welfare and Institutions Code § 15657.03, Judgment Debtor examinations, Mandatory Settlement Conferences, hearings where oral testimony is taken or oral argument is anticipated to exceed 15 minutes, and minor's or incompetent persons compromises, the court reserves the right to reject any request for a remote appearance or to halt the hearing, and a failure to maintain an audible and clear connection considered a failure to appear (3.8); the civil mediation program repealed (3.9).
CHAPTER 3 - CIVIL RULES 3.1 Ex Parte Applications (Eff. 7/1/98; As amended, eff. 1/1/18.) (a) An “Ex Parte” Application is a request for a court order where the applicant has not provided all opposing parties with regular written advance notice of the request. This court recognizes two types of ex-parte applications: (1) routine ex-parte applications; and (2) extraordinary ex-parte applications. (
Reviewer note: Composed 2026-10-12 (California T4 Calaveras build 2026-10-12) from BenchPath custody ca/t4/ca-calaveras/docs/local-rules/calaveras-superior-court-local-rules-eff-7-1-26-3.pdf (the court's rule book, its cover “CALAVERAS COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE: JULY 1, 2026”, as fetched 2026-10-12; 7185805 bytes, sha256 1518beed5362aa96ee849265fde2622770c66708d65a49504c2dc694dcee9e65; 113 pages; this part PDF pages 19 to 28, printed pages 13 to 22) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 65, printed 1 to 58 with an unnumbered last page) composed as one text, from Chapter 1's heading to Rule 10.3, and cut at the ten chapter headings and at Chapter 5's sub-heading “JUVENILE RULES”, each matched once as a whole line (every chapter opens a page); each rule page's running header (“Calaveras Superior Court”) and its page number (“N | P a g e”, its letters spaced) removed as chrome (117 lines; the last rule page prints neither); lines reflowed into the rules' paragraphs, each rule's number set with its title and its history as one line (“2.1 Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 7/1/19.)”), each lettered or numbered subdivision starting a line, and each footnote on a line of its own; no table on the rule pages; the strike report (review/strike-report-2026-10-12.txt) finds three struck runs, each a single space (PDF pages 17, 84 and 85 - no word joined), and stray strokes striking nothing on two appendix form pages (87 and 88); the five soft hyphens (U+00AD) of the text layer, each at a printed line end and printed as a hyphen (review/render/soft-hyphens-2026-10-12.png), read as hyphens (the composer's glyph map, applied to the text and the layer alike); 8 whitespace-only fixes (build/book-fixes.json: Rule 1.6's heading set apart from its first sentence, which the reflow ran onto it; two false breaks rejoined, in Rule 2.5(a) before ““CONFIDENTIAL”” and in Rule 3.7 inside “Case Management Calendar”; the reflow's space after each soft hyphen removed - “(MC-500)” in Rule 2.14(f), “routine ex-parte” in Rule 3.1(a), “(Form RA-010)” in Rule 5.16(b) and the two addresses of Rules 5.16(g) and 6.1); the vertical-gap, short-line, page-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 short line, three bold headings and one false break 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 blank page 2, the table of contents (PDF pages 3 to 6), the reserved Chapter 9's heading (PDF page 64), the appendix of local forms (PDF pages 66 to 109) and the index (PDF pages 110 to 112; page 113 carries only the running header) 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.
California > Third Appellate District > Calaveras County > Superior Court of California, County of Calaveras
CHAPTER 3 - CIVIL RULES 3.1 Ex Parte Applications (Eff. 7/1/98; As amended, eff. 1/1/18.) (a) An “Ex Parte” Application is a request for a court order where the applicant has not provided all opposing parties with regular written advance notice of the request. This court recognizes two types of ex-parte applications: (1) routine ex-parte applications; and (2) extraordinary ex-parte applications. (b) Routine Ex-Parte Applications: No hearing is required, and the applicant is not required to file local form Application for Immediate Court Hearing and Order for the following ex-parte applications: (1) All parties stipulate in writing to the requested orders. (2) Application for waiver of court fees and costs. (3) Application for appointment of guardian ad litem to initiate action. (4) Application for appointment of counsel. (5) Request for order to show cause without temporary orders. (6) Request to file documents which exceed applicable page limits. (7) Application for default judgment. (8) Request for order shortening time in Family Code matters where the request to shorten time is made on the Judicial Council form and supported by a sufficient factual showing in the attached application. (9) Temporary restraining order applications authorized under the Family Code and submitted on Judicial Council forms containing facts of recent domestic violence, or the threat of continuing domestic violence, against all the requested protected persons. (10) Temporary restraining order applications authorized under the Code of Civil Procedure and submitted on Judicial Council forms containing a clear and convincing showing of facts of unlawful violence or credible threat of violence against all the requested protected persons. (11) Petition for Appointment of Temporary Conservator where the petitioner is the Calaveras County Public Guardian or Director of Behavioral Health Services. (c) Extraordinary Ex-Parte Applications: All ex-parte applications not listed as routine ex-parte applications above are considered extraordinary ex-parte applications. Applicant’s presence at the court hearing is required and applicant is directed to file local form Application for Immediate Court Hearing and Order in addition to any other papers filed in support of the application: All such extraordinary ex-parte applications must strictly comply with rules 3.1200 through 3.1207 of the California Rules of Court, Family Code §3064, and/or other applicable statutory authority which must be clearly recited in the application. (d) Court Review: The adequacy of the application for ex-parte orders will be determined on the papers submitted. The application must contain sufficient evidentiary facts to justify granting the prayer. Conclusions or statements of ultimate facts are not sufficient. A foundation should be set forth establishing the affiant’s personal knowledge. Attorney declarations based upon information and belief are insufficient to establish evidentiary facts. Whenever the Court feels the applications contain sufficient facts the requested relief may be granted or denied without conducting a hearing. All ex-parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at least one court day before the day for which the ex-parte hearing is requested. See local form titled Application for Immediate Court Hearing and Order in Appendix “A” to these rules. 3.2 Proof of Service of Summons (Eff. 7/1/98; As amended, eff. 7/1/09.) A separate Proof of Service of Summons, approved Judicial Council form Proof of Service of Summons (POS-010), shall be filed for each defendant/cross-defendant. 3.3 Law and Motion (Eff. 1/1/04; As amended, eff. 1/1/18.) (a) Law and Motion hearings in limited and unlimited civil matters are regularly heard on Fridays at 9:00 a.m. in Department 2. These matters are routinely limited to ten (10) minutes and are subject to further time limitations to accommodate the court’s calendar. Further, a maximum of ten (10) matters will be placed on any Friday’s law and motion calendar. While the parties may select their preferred Friday when filing a law and motion the court will reschedule the hearing date once the maximum allotment has been reached. At the Court’s discretion, if a matter justifies a hearing lasting more than ten (10) minutes it may be designated as a “short cause” matter and assigned a hearing date. The Court has adopted a tentative ruling system effective 1/1/18; see Local Rule 3.3.7 for details. (b) Evidence received in law and motion hearings is by written declaration, affidavit or request for judicial notice only, without oral testimony or cross-examination, except as allowed in the court’s discretion for good cause shown. (c) Law and Motion matters may not be continued, even by stipulation of the parties, except upon approval by the court for good cause shown. (d) Most motions must be served on the opposing party in accordance with the Code of Civil Procedure § 1005(b) timelines which are calculated as follows: (1) Service by U.S. Mail – Omit the day of mailing, then count five (5) calendar days for service within California, ten (10) calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, twelve (12) calendar days if the place of address is the Secretary of State’s address confidentiality program, or twenty calendar days if either the place of mailing or the place of address is outside of the United States, and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard. (2) For service by facsimile, email, express mail or overnight delivery – Omit the first day, then count two (2) calendar days and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard. 3.3.1 Motion to be Relieved as Counsel (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) All motions to be relieved as counsel must be made on the approved Judicial Council forms and strictly comply with all requirements of California Rules of Court, Rule 3.1362. (b) A motion to withdraw as attorney of record must include the attorney’s supporting declaration identifying all matters in the case which are calendared for hearing, known to the attorney at the time the motion to withdraw is filed. 3.3.2 Default Judgments by Affidavit (Eff. 7/1/98; As amended, 1/1/08.) (a) A party seeking a default judgment by affidavit shall follow California Rules of Court, Rule 3.1800. (b) If a default judgment is requested by affidavit pursuant to Code of Civil Procedure §585(d), the request and accompanying declarations shall be submitted to the clerk. If, after reviewing the materials submitted, the court determines that personal testimony is required, the clerk shall advise the moving party. If testimony is required, the moving party must notify the clerk to arrange a hearing date. 3.3.3 Attorney’s Fees on Default Judgments (Eff. 1/1/01.) The following attorney's fees shall, under normal circumstances, be awarded in default actions: 25 percent of first $1,000 (with minimum fee of $150); 20 percent of next $4,000; 15 percent of next $5,000; 10 percent of next $10,000; 5 percent of next $30,000; and 2 percent of the amount over $50,000. 3.3.4 Orders After Hearing (Eff. 7/1/98; As amended, eff. 1/1/08.) Unless otherwise directed, the prevailing party shall prepare orders after hearing. Counsel shall comply with California Rules of Court, Rule 3.1312. 3.3.5 Continuances on Short Cause Law and Motion and Order to Show Cause Calendar (Eff. 7/1/98; As amended, eff. 1/1/01.) If a motion for continuance is to be made in court, the court shall be notified at the earliest opportunity prior to the hearing. 3.3.6 Lack of Appearance (Eff. 7/1/98; As amended, eff. 7/1/05.) Any matter in which there is no appearance by the moving party at the time of calendar call shall be ordered off-calendar and thereafter all parties must be re-noticed for any subsequent hearing. 3.3.7 Tentative Rulings (Repealed Eff. 7/1/06; As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed through the court’s website. The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the Court no later than 4:00 p.m. on the court day preceding the hearing including advising that all other sides have been notified of the intention to appear by calling 209-754-6285. Where appearance has been requested or invited by the Court, all argument and evidence is limited pursuant to Local Rule 3.3. All matters noticed for the Law & Motion calendar shall include the following language in the notice: Pursuant to Local Rule 3.3.7, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m. the court day before the hearing. The complete text of the tentative ruling may be accessed on the Court’s website. If you do not call all the other parties and the Court by 4:00 p.m. the court day preceding the hearing, no hearing will be held, and the tentative ruling shall become the ruling of the court. Failure to include this language in the notice may be a basis for the Court to deny the motion. 3.4 Civil Delay Reductions Rules 3.4.1 Scope and Policy (Eff. 7/1/98; As amended, eff. 1/1/01.) (a) These rules are intended to implement the Trial Court Delay Reduction Act of 1986 (Government Code §68600 et seq.) and amendments thereto and shall apply to all general civil actions. (b) It is the policy of the Calaveras County Superior Court that all actions subject to these rules shall be actively managed, supervised and controlled by the court from the time of filing of the first document invoking the court’s jurisdiction through final disposition. (c) It is the policy of this court that all general civil cases shall be resolved as expeditiously as possible, consistent with the obligation of the courts to give full and careful consideration to the issues presented, and consistent with the right of the parties to adequately prepare and present their cases to the court. 3.4.2 Definition of General Civil Case (Eff. 7/1/98; As amended, eff. 7/1/02.) As used in these rules, “general civil case” means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, Uniform Parentage Act, and Uniform Child Custody Jurisdiction and Enforcement Act, freedom from parental custody and control proceedings, and adoption proceedings), juvenile court proceedings, small claims, and “other civil petitions” including petitions for a restraining order, domestic violence restraining order, writ of possession, writs of mandate or prohibition, appointment of a receiver, release of property from lien, and change of name. 3.4.3 Initial Contact (Eff. 7/1/98; As amended, eff. 1/1/01.) At the time the case is filed, the clerk shall append to the initial pleading a document entitled “Notice of Inclusion in Civil Case Delay Reduction Program and Setting Case Management Conference” stating that the case is included in the Delay Reduction Program, that special rules apply to the case, that it is the duty of each party to be familiar with the rules, and the date, time and place of the first Case Management Conference. The first conference date shall be set approximately 120 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with notice of the Case Management Conference date with the complaint. 3.4.4 Cross-Complaints (Eff. 7/1/98; As amended, eff. 7/1/02.) Cross-complainants shall serve all new party cross-defendants with a copy of the initial document required under Local Rule 3.4.3 along with notice of any other pending Case Management Conference hearing date. 3.4.5 Case Management Conference (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) Statement: Not less than 15 calendar days before each Case Management Conference, each party shall file with the court and serve on all other parties a Case Management Conference Statement (Judicial Council form CM-110). (b) Participation in conference: When there is no tentative ruling or any party objects to the tentative ruling and has so noticed the other side of their objection, counsel for each party and each self-represented party appearing in the action shall attend the Case Management Conference and shall be familiar with the case and be fully prepared to discuss all matters stated in California Rules of Court, Rule 3.727. Tentative rulings for upcoming Case Management Conference hearings are available on the court’s website and at the clerk’s filing window. (c) Actions and Orders: At the Case Management Conference, the court shall take appropriate action and make orders consistent with the policy of delay reduction as specified in California Rules of Court, Rule 3.728. 3.4.6 Differentiation of Cases to Achieve Goals (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) To comply with California Rules of Court, Rule 3.714, the court has adopted the following case management plans with disposition goals from the date of filing: (1) Plan 1 - disposition within 12 months; (2) Plan 2 - disposition within 18 months; and (3) Plan 3 - disposition within 24 months. (b) Cases in the delay reduction program shall be initially assigned to Plan 1, and for good cause shown the case will be reassigned to another plan. In considering the reassignment, the court will consider those factors stated in California Rules of Court, Rule 3.715. 3.4.7 Demand for Jury Trial (Eff. 7/1/98; As amended, eff. 7/1/04.) Any party may demand a jury and be responsible for the jury deposit consistent with the procedures for jury trial set forth in the Code of Civil Procedure §631(b). Failure of the parties to deposit advance jury fees pursuant to CCP §631 shall result in a waiver of trial by jury. 3.4.8 Motions (Eff. 7/1/98.) Notwithstanding the delay reduction rules, any party may file a motion on the Civil Law and Motion calendar. The Case Management Conference calendar is not a Law and Motion calendar. 3.4.9 At-Issue Memorandum Abolished (Eff. 7/1/98.) No at-issue memorandum shall be filed by the clerk’s office in any delay reduction case. 3.4.10 Sanctions (Eff. 7/1/98.) The court has the right to impose reasonable sanctions for failure to comply with these rules including, but not limited to, monetary sanctions, limitation of evidence and/or dismissal. 3.5 Judicial Arbitration (Eff. 7/1/98; As amended, eff. 1/1/08.) The provisions of Chapter 2.5, commencing with §1141.10 of the Code of Civil Procedure and the provisions of the California Rules of Court, commencing with Rule 3.810, regarding judicial arbitration, shall apply to all civil cases. Pursuant to the Code of Civil Procedure § 1141.11(b) all at-issue general civil actions shall be submitted to arbitration if the amount in controversy in the opinion of the court will not exceed fifty thousand dollars ($50,000) for each plaintiff. 3.6 Settlement Conference 3.6.1 Requirement of Settlement Conference (Eff. 7/1/98; As amended, eff. 1/1/01.) In all general civil matters, at the time the court sets the case for trial, a settlement conference shall also be set at least 15 days prior to the trial date. 3.6.2 Each Party to be Prepared (Eff. 7/1/98; As amended, eff. 1/1/14.) (a) Each plaintiff or party seeking affirmative relief or recovery shall be prepared to make his or her minimum request and each defendant must come to the conference prepared to make his or her highest offer. In each case, counsel who attends the conference shall be thoroughly familiar with the case and shall be prepared to discuss it. Pursuant to California Rules of Court, Rule 3.1380, the attorney responsible for the preparation and trial of the case must attend the settlement conference. (b) Experience has demonstrated the importance and necessity of the presence of all persons whose consent will be required for a binding settlement agreement. Present at the settlement conference must be persons having full authority to settle the case. Only on good cause application made prior to the time of the settlement conference, may the Court allow such persons to be available telephonically. 3.6.3 Settlement Conference Statement (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages. The statement must conform with California Rules of Court, Rule 3.1380. (b) In all cases, prior to the Settlement Conference, the parties shall have communicated their settlement requests and offers to each other. 3.6.4 Participation in Good Faith (Eff. 7/1/98.) For a meaningful conference, all attorneys and/or the parties must agree to participate in good faith. Any failure of an attorney to prepare for, appear at, and participate in a settlement conference, unless good cause is shown for any such failure, may be considered an unlawful interference with the proceedings of the court. 3.6.5 Failure to Appear (Eff. 7/1/98; As amended, eff. 7/1/04.) (a) If, at the time of the scheduled Settlement Conference, plaintiff or those parties seeking affirmative relief fail to appear, the Court may order the trial date vacated, dismiss the action or impose monetary sanctions. Written notice thereof shall be mailed to all parties or their counsel of record as ordered by the Court. If the defendant or other responding party fails to appear at the Settlement Conference and good cause is not shown, the Court may impose sanctions by way of costs, actual expenses, and counsel fees and order the case to proceed to trial on the date assigned. (b) In any case where no party appears at the Settlement Conference and no prior notice has been given to the Court, or where no party appears at the time set for trial and no notice has been given to the Court as to why no appearance is being made, the Court shall place the matter on the law and motion calendar for the purpose of being dismissed by the Court. (c) In any case where plaintiff(s) intend to conclude the case with a default judgment, the date for obtaining that default judgment shall be prior to the end of the track in which the case has been placed. “Default” cases, where the default judgment has not been entered, before the case management plan disposition date, are subject to the same dismissal rule as cases where the parties fail to appear at the settlement conference or trial without prior approval of the court. 3.7 Unlawful Detainer Settings (Eff. 1/1/09; As amended, eff. 7/1/09.) A request or counter-request to set a case for trial must be completed on Judicial Council form UD-150 where at least one defendant has filed an answer. If the plaintiff indicates the right to possession is no longer an issue, the matter will be set on the Case Management Calendar within approximately 30 days. If either party indicates the right to possession of the premises is an issue, the matter will be set for trial, not more than 20 days from the date the request to set for trial is filed. Notice of the date and time must be mailed by the clerk of the court to all parties at least 10 days prior to the date of trial. If a counter request to set for trial is filed after notice of trial has been mailed, the clerk of the court will review the counter-request to determine whether it contains any information that would impact the trial date; and, if so, will refer it to a Judicial Officer for further direction or order. 3.7.1 Unlawful Detainer Trials (Eff. 1/1/18) Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial. In the event such an objection is timely filed, the commissioner will still conduct the trial as a referee. 3.8 Remote Appearances (Eff. 1/1/02; As Amended eff. 1/1/19.) (a) “Remote appearance,” as used in this rule, includes any appearance by telephonic, audiovisual, videoconferencing, digital, or other electronic means. (b) Counsel and unrepresented litigants shall have the option of appearing remotely in non-evidentiary law and motion, probate and case management hearings, unless such remote appearance is specifically prohibited below. Counsel and unrepresented litigants choosing to appear remotely under this rule shall place the phrase “Remote Appearance” below the title of the moving or opposing papers or file Judicial Council forms Notice of Remote Appearance (RA-010) and Order Regarding Remote Appearance (RA-020). Counsel and unrepresented litigants electing to appear remotely shall use the court’s selected telephone conferencing or videoconferencing vendor. (c) The following hearings are unsuitable for remote appearances and personal appearances are required unless prior permission is obtained through application and order of the court: (1) Family Law matters (except for Case Status Conferences); (2) Welfare and Institutions Code matters; (3) Guardianship hearings; (4) Conservatorship hearings; (5) Petitions pursuant to Code of Civil Procedure §§ 527.6, 527.7, 527.8, and Welfare and Institutions Code § 15657.03; (6) Judgment Debtor examinations; (7) Mandatory Settlement Conferences; (8) Hearings where oral testimony is taken; (9) Hearings where oral argument is anticipated to exceed 15 minutes; and (10) Minor’s or Incompetent Persons Compromises. (d) The court reserves the right, at any time, to reject any request for a remote appearance. The court also reserves the right to halt any hearing involving a remote appearance and order the attorneys or unrepresented litigants to personally appear at a later date and time. (e) Counsel or unrepresented litigants electing a remote appearance shall: (1) Eliminate, to the greatest extent possible, all extra noise from the caller’s location; (2) Be required to speak directly and clearly into their microphone; and (3) State his or her name for the record each time the caller speaks. (f) Failure of counsel or unrepresented litigant to successfully coordinate with the court’s designated telephone appearance or videoconferencing vendor and timely make their remote appearance at the hearing, to maintain an audible and clear connection, to avoid delay of the hearing due to the use of a hold button, or to avoid any other circumstance that disrupts or unduly delays the hearing, shall be considered a failure to appear at the hearing. 3.9 Civil Mediation Program (Eff. 7/1/06; Repealed 1/11/11.)
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.