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The court's Judicial Mediation Program for civil appeals (other than appeals under Welfare and Institutions Code sections 300, 601 and 602 and Family Code section 7802, conservatorship and guardianship matters and the other appeals the rule lists): on a civil notice of appeal the clerk sends instructions for the nonconfidential Civil Appeal Case Screening Questionnaire, whose late return may dismiss the appeal without prejudice to reinstatement or bring sanctions; filing the notice suspends the record-designation, cost-deposit and briefing provisions of rules 8.121, 8.124 and 8.216 (not the superior court's deposit under Government Code section 68926.1 and rule 8.100(b)(2)); within 14 calendar days of the questionnaires the court says whether it selected the appeal for mediation with a sitting Justice (the suspension continues until mediation is complete; otherwise it ends, and the parties may still stipulate into the program); the parties send the Justice mediator a confidential Mediation Statement at least seven calendar days before the session with the listed contents (parties and counsel, insurance, approvals and consents needed, prior settlement efforts, Code of Civil Procedure section 998 offers, facts and law, damages, liens, attorney's fees); parties and counsel attend in person with full settlement authority; mediation communications are confidential; monetary sanctions may follow a noticed motion or the court's own motion; a mediating Justice does not sit on the merits.
California > Fifth Appellate District > Court of Appeal, Fifth Appellate District
Rule 2. Mediation Program for Civil Appeals The Court has established a Judicial Mediation Program to assist parties to resolve appellate disputes in civil cases the Court finds suitable. (a) Rule application: This rule applies to all civil appeals except those under Welfare and Institutions Code sections 300, 601, and 602 and Family Code section 7802, appeals in conservatorship and guardianship matters, and appeals from original proceedings ancillary to a criminal prosecution. (b) Questionnaire: When a notice of appeal is filed in any civil case to which this rule applies, the Clerk will promptly mail or e-mail to appellant and respondent instructions for the filing of the nonconfidential Civil Appeal Case Screening Questionnaire. (Downloadable form available on the Court’s website) Within 10 calendar days after the Clerk mails or e-mails instructions regarding the Civil Appeal Case Screening Questionnaire, each party must complete, sign, and serve the Questionnaire, and file it electronically. The Questionnaire will assist the Court in selecting a case for mediation with a sitting Justice of this Court. The Court will select a case promptly after the Questionnaire is submitted and before the parties have incurred the expense of record preparation and appellate briefing. The Court recognizes the parties are asked to prepare the Questionnaire very early in the appellate process and may not be able to identify all appellate contentions. The Court will not deem an omission to be a waiver or forfeiture of any claim on appeal. Failure to return the Questionnaire timely on appellant’s part may result in dismissal of the appeal, without prejudice to reinstatement on a showing of good cause, or in imposition of monetary sanctions pursuant to subdivision (e). Failure to return the Questionnaire timely on respondent’s part may result in the appeal being considered for mediation suitability without input from respondent, or in imposition of monetary sanctions pursuant to subdivision (e). (c) Mediation/Settlement Process: (1) Effective upon the filing of any civil notice of appeal to which the rule applies, the provisions of rules 8.121, 8.124 and 8.216 of the California Rules of Court requiring designation of the record, payment of estimated costs for preparation of the record, and submission of a proposed briefing schedule are suspended, pending the Court’s decision to select or not select the civil appeal for mediation. These rules do not prohibit the superior court from collecting the deposit required by Government Code section 68926.1 and by California Rules of Court, rule 8.100(b)(2). (2) Within 14 calendar days after the Court receives the Civil Appeal Case Screening Questionnaires, it will notify the parties in writing, by telephone, or by e-mail whether the Court has or has not selected the civil appeal for mediation. If a civil appeal is selected for mediation, the Court’s Mediation Coordinator will provide the parties with three dates on which the Justice is available for the mediation session. At the same time, the Court will furnish the Justice mediator with copies of the Civil Appeal Case Screening Questionnaires. Within 14 calendar days after receipt of the dates the Justice mediator is available, the parties must advise the Court’s Mediation Coordinator of their scheduling preferences. The Justice mediator will promptly select the date for the mediation session and the Mediation Coordinator will notify the parties by e-mail. If a civil appeal is selected for mediation, suspension of rules 8.121, 8.124, and 8.216 of the California Rules of Court will remain in effect until the mediation process is complete. If a civil appeal is not selected for mediation, the Court will notify the parties and the superior court, in writing, that the suspension of rules 8.121, 8.124, and 8.216 of the California Rules of Court is terminated. The parties must comply with the requirements of rules 8.121, 8.124, and 8.216 as if the notice of appeal had been filed on the date specified in the Court’s notice. If a civil appeal is not selected for mediation, the parties may thereafter electronically file a stipulation for entry into the mediation program. The Court will promptly decide whether or not to accept the case into the mediation program and the Mediation Coordinator will notify the parties of the Court’s decision. (3) The Justice mediator may, for good cause, continue a mediation session to a date certain. The Justice may also continue the mediation from time-to-time to allow further opportunity for negotiation and agreement. (4) The parties shall submit in writing, directly to the Justice mediator, a CONFIDENTIAL Mediation Statement at least seven (7) calendar days before the scheduled mediation. The statement shall provide: (A) The names of parties and their attorneys. (B) A statement regarding the existence of any applicable insurance, and, if so, the identity of the carrier, the amount of the applicable insurance policy limits, and the nature of any insurance coverage disputes/issues. (C) A statement indicating whether or not a board, council, or other committee must approve any settlement, and, if so, the identity of that body. (D) The identification of any person not named as a party whose consent is necessary to achieve settlement. (E) The dates and results of prior arbitration, mediation, and most recent settlement discussions. (F) The dates and amounts of any Code of Civil Procedure section 998 offers. (G) A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party. (H) An itemization of all economic and noneconomic damages claimed by the plaintiff. (I) A description of any liens and their amounts. (J) A statement whether there is any claim for recovery of attorney’s fees, and, if so, the amount incurred to date. (K) A statement of any additional information that might assist the Justice mediator. (5) All parties and their counsel of record must attend all mediation sessions in person and with full settlement authority. If a party is not an individual, then a party representative with full authority to settle all appeals and cross-appeals must attend all mediation sessions in person, in addition to counsel. If a party has potential insurance coverage applicable to any of the issues in dispute, a representative of each insurance carrier whose policy may apply also must attend all mediation sessions in person, with full settlement authority. Any exception to this requirement must be approved in writing by the Justice mediator. The Justice mediator may invite participation by any additional person or entity if the mediator concludes that such participation would facilitate mediation. (6) If completion of mediation does not result in disposition of the appeal, the Court will immediately notify the parties and the superior court in writing or by e-mail that suspension of rules 8.121, 8.124, and 8.216 of the California Rules of Court is terminated. The parties must comply with the requirements of rules 8.121, 8.124, and 8.216 as if the notice of appeal had been filed on the date specified in the Court’s notice. (d) Confidentiality: Except as otherwise required by law, information disclosed to the Justice mediator, the parties, counsel, or any other participant in the mediation, or in the Mediation Statement, is confidential and must not be disclosed to anyone not participating in the program. The parties are required to sign a confidentiality agreement in a form designated by the Court. (e) Sanctions: Monetary sanctions may be imposed following an electronically filed noticed motion by a party seeking sanctions for failure to comply with the rules or on the Court’s own motion. Any date selected for a motion for sanctions must be cleared in advance with the Court’s Mediation Coordinator at 5DC_Mediation@jud.ca.gov. (f) Disqualification of Justice Mediator: Any Justice who participates in a mediation shall not thereafter participate in the consideration or disposition of the appeal on its merits. (Adopted, eff. Sept. 1, 2011. As amended, eff. Feb. 10, 2012; Jan. 1, 2013; Feb 19, 2016.)
Rule 2. Mediation Program for Civil Appeals The Court has established a Judicial Mediation Program to assist parties to resolve appellate disputes in civil cases the Court finds suitable. (a) Rule application: This rule applies to all civil appeals except those under Welfare and Institutions Code sections 300, 601, and 602 and Family Code section 7802, appeals in conservatorship and guardianship m
Reviewer note: Composed 2026-10-20 (California Fifth Appellate District build 2026-10-20) from BenchPath custody ca/appellate/ca-coa-5/pages/rules-forms-filing__local-rules-orders.html (the page as fetched 2026-10-20; 255206 bytes, sha256 a3ed970c7ee8ac0ec9b2b193fc209add63fdf9bc3866ef89f56b4f96ad71a0f7): the rule's text as the page prints it, heading, body and history line; the page's accordion controls (Expand all x1; Close all x1) and the site chrome are not part of the text. The page introduces the rules: “Counsel and self-represented litigants should be familiar with the California Rules of Court, especially the Appellate Rules. (See Cal. Rules of Court, rule 8.1 et seq.) The local rules below are intended to highlight the practices unique to the Fifth Appellate District and to emphasize portions of the Rules of Court that the court considers to be most important.” Review note: effective_date = February 19, 2016, the latest date in the history line (adopted September 1, 2011; amended February 10, 2012, January 1, 2013 and February 19, 2016); the page prints the history line with spaces inside its parentheses and “seven (7) calendar days” - reproduced as printed.
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.