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Chapter 7 (Rules 7.1 to 7.3): a petition for compensation of a guardian, conservator, trustee and counsel accompanied by an itemized statement of the services made under penalty of perjury, the court to evaluate the petition according to the services performed, time expended, average hourly rate, results accomplished and benefit, and no compensation paid in advance of a court order authorizing it (7.1); a guardian ad litem nominee who is a plaintiff in the same action or a participant in the occurrence ordinarily not appointed unless the application is accompanied by a declaration that no other parent, relative or friend can or will accept the appointment and the attorney's declaration that there is no conflict of interest (7.2.1); a petition to compromise a minor's or incompetent's claim to state the facts, medical issues, medical expenses, the reasonableness of fees (absent unusual circumstances, not to exceed twenty-five percent of the settlement amount if the settlement occurs before the case is assigned to a department for trial), available coverage and the reasonableness of the settlement, allowable costs ordinarily deducted prior to computation of fees, and what the orders must contain for a structured settlement and for sums deposited in a financial institution (7.2.2); withdrawals of funds deposited for minors or incompetent persons allowed only upon a verified petition, minors aged fourteen (14) or over to sign and date the application with the trustee or guardian, and a declaration of expenditures filed within fifteen (15) days from the date of the order (7.2.3); probate petitions and motions on Fridays at 10:00 a.m. in Department 2, limited to ten (10) minutes and a maximum of eight (8) matters on any Friday's calendar, the parties may submit a probate petition or motion solely on the filed documents if so designated by a cover letter or a clear notation on the notice of hearing, appearance by CourtCall under local rule 3.8, and the tentative ruling system of Local Rule 3.3.7 (7.3).
California > Third Appellate District > Calaveras County > Superior Court of California, County of Calaveras
CHAPTER 7- PROBATE RULES 7.1 Compensation for Guardians, Conservators, Trustees and their Counsel, and for Counsel for a Conservatee or Ward (Eff. 7/1/98.) (a) A petition for compensation of a guardian, conservator, trustee and counsel, or for counsel for a conservatee or ward shall be accompanied by an itemized statement of the services rendered, an explanation of the value or benefit of those services to the estate, and the total amount requested for such services, made under penalty of perjury, and executed by the person rendering the services. (b) The court shall evaluate a petition for just and reasonable compensation according to the services performed, time expended, average hourly rate, results accomplished, and benefit to the conservatee/ward and/or the estate. A conservator or guardian who is a professional may not necessarily be compensated for all services rendered at that person’s ordinary professional rate. (c) No compensation shall be paid from the estate to: an executor, administrator, guardian, conservator, or attorney for any such fiduciary, or to an attorney for the conservatee or ward in advance of a court order authorizing such payment. 7.2 Claims of Minors and Incompetent Persons 7.2.1 Application for Appointment of Guardian Ad Litem (Eff. 7/1/98.) (a) Petitions for appointment of a guardian ad litem for a minor or incompetent person shall be submitted to the clerk. When an application is made for the appointment of a guardian ad litem and the nominee for appointment is a plaintiff in the same action with the ward, or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by: (1) A declaration under penalty of perjury setting forth facts establishing that no other parent, relative, or friend can or will accept the appointment of guardian ad litem for the minor in the action; and (2) A declaration under penalty of perjury by the attorney for the nominee stating that the attorney, having investigated the circumstances, has represented to the nominee and represents to the court that there is no conflict of interest between the nominee and the minor if the nominee is appointed the guardian ad litem. (3) If an attorney’s contract is submitted for approval at the time of appointment of a guardian ad litem, approval thereof will not be considered approval of a fee. If a lien on any recovery is provided for in such a contract, such will be allowed only to the extent of costs and services actually and reasonably provided on behalf of the ward. 7.2.2 Compromise of Claims and Attorney’s Fees (Eff. 1/1/02.) (a) In accordance with rule 7.950 of the California Rules of Court, a petition to compromise a minor's or incompetent’s claim pursuant to §372 of the Code of Civil Procedure or any petition for approval of a claim under the provisions of §§ 3500 and 3600-3613 of the Probate Code shall contain the following information: (1) Facts: A brief statement which sets forth the facts which establish liability. This statement shall include the name and birth date of the minor or incompetent person as well as a copy of any existing accident investigation report of any police agency. (2) Medical Issues: A statement which outlines all medical treatment furnished, to date, what future medical, if any, is expected to be required and the nature and extent of any permanent injuries sustained by the minor. This statement shall be supported by a current report or letter from the treating physician outlining the present condition and prognosis of the minor or incompetent person. (3) Medical Expenses: The total medical expenses incurred by the minor to date and the estimated cost of any anticipated medical attention which will be required in the future. (4) Reasonableness of Fees: A reasonably detailed declaration setting forth all effort expended on behalf of the minor in obtaining the settlement and how it was expended. Absent unusual circumstances or conditions, the approved attorney fees for a minor's compromise case should not exceed twenty-five percent of the settlement amount if the settlement occurs before the case is assigned to a department for trial. The declaration should address all of the following factors: (a) What was the degree of difficulty involved? (b) How much skill was needed and employed? (c) How much risk was there of a poor final result for the amount of work done? (d) How much money, if any, did the attorney advance? (e) How many hours of work did the attorney do? and (f) Whether the attorney's fee is contingent on recovery. (For additional information see Niederer v. Ferriera, [1987] 189 Cal. App. 3d 1485.) (5) Available Coverage: Where the injuries (damages) clearly exceed the amount of the insurance policy being offered, the statement shall also include a recitation of all steps taken to determine if any additional coverage or assets are available from which the minor could seek compensation. (6) Reasonableness of Settlement: Any additional information that may be of assistance to the court in determining if the petition should be granted or would assist the court in determining reasonable compensation for the attorney in the case. This statement shall include the amounts, if any, paid, or to be paid, to any other claimants, including whether the guardian ad litem is a plaintiff in any action arising from these facts or circumstances and any sums received therefore. (b) Costs: Allowable costs (CCP §1033.5) paid or incurred by the attorney will ordinarily be deducted from the judgment/settlement prior to computation of fees. (c) Settlement Proceeds: If the petition for approval of a claim under §3500(b) of the Probate Code relates to a structured settlement calling for future periodic payments, the petition shall state the cost of the annuity. In cases involving minors, the order shall contain the date when the minor will attain the age of 18 years and a directive to the bank, trust company or other financial institution to release all funds to the minor on such date without further order from the court. In any case in which the court orders the sum to be received by the minor to be deposited in a financial institution, the order shall contain the further order that, “A certified copy of this order shall be delivered to the manager of said financial institution, together with the sum to be deposited therein, and that there shall be a written receipt of said financial institution forthwith filed with the clerk of the court in which the compromise was approved, acknowledging receipt of both the sum deposited and said order. 7.2.3 Withdrawal of Funds (Eff. 7/1/98.) Requests for withdrawal of funds deposited for minors prior to the age of majority and/or incompetent persons will be allowed only upon a verified petition, and subject to the following: (a) The certificate of deposit must have been completed and filed prior to filing the petition for withdrawal. (b) In the event the petition to withdraw funds is based upon the denial of a public agency providing public assistance to provide funds because of the existence of the account, a copy of the written notice from the agency concerned, so stating, shall be attached to the petition. (c) In addition to the trustee/guardian, minors aged fourteen (14) or over shall sign and date the application. (d) Except for withdrawals to pay taxes on minor’s funds, orders for withdrawals will ordinarily not be granted if either or both parents are living and financially able to pay the requested expenditure. (e) Within fifteen (15) days from the date of the order, a declaration of expenditures made with the funds shall be filed with the clerk. 7.3 Probate Petitions and Motion Calendar (Eff. 1/1/14; As amended eff. 1/1/18.) Probate petitions and motions are regularly heard on Fridays at 10:00 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 eight (8) matters will be placed on any Friday’s probate petition and motion calendar. While the parties may select their preferred Friday when filing a probate petition or motion, the court will reschedule the hearing date once the maximum allotment has been reached. Parties may submit a probate petition or motion solely on the filed documents without an appearance if so designated either by a cover letter accompanying the initially filed papers or clear notation on the notice of hearing. Counsel or parties may also appear on the probate petition and motion calendar by CourtCall in compliance with local rule 3.8. 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.
CHAPTER 7- PROBATE RULES 7.1 Compensation for Guardians, Conservators, Trustees and their Counsel, and for Counsel for a Conservatee or Ward (Eff. 7/1/98.) (a) A petition for compensation of a guardian, conservator, trustee and counsel, or for counsel for a conservatee or ward shall be accompanied by an itemized statement of the services rendered, an explanation of the value or benefit of those se
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 56 to 59, printed pages 50 to 53) 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. Review note: Carried as printed: Rule 7.3 refers to the remote appearance rule as “local rule 3.8”, whose body heading is “Remote Appearances”.
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.