Colusa County Superior Court Local Rules (revised and effective July 1, 2015) — Section 3: Civil Law and Motion Rules

Summary

Section 3 (Rules 3.01 to 3.11): the rules contained in the section to apply to all general civil cases as defined in California Rules of Court, Rule 1.6 (3.01); each case assigned to a judge for all purposes, the clerk to set a status conference not longer than 130 days or shorter than 120 days from the date the summons is issued and to affix to the pleadings the name of the judge and the date of the status conference (3.02); plaintiffs to serve all named defendants with the summons, the complaint, and the notice of status conference and file proof of service within 60 days after the complaint has been filed, the notice served on any intervenor or interpleader within 10 days, and all cross-complainants to serve the notice upon each cross-defendant (3.03); all parties to appear at the status conference, no pleading filed for it, the assigned judge to set the case for a case management conference or exempt the case from the disposition time standards (3.04); uninsured motorist cases granted a 180-day extension of the case management timelines on a declaration filed 15 calendar days before the status conference (3.05(A)); short cause cases - at issue, no general or exemplary damages, no more than two sides, no more than five hours of evidence - set for trial on the short cause calendar within six to nine months of filing (3.05(B)); early disposition cases designated by the assigned judge, objections by noticed motion within 30 days (3.05(C)); the clerk authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code Section 68633 (3.06(A)); in civil cases in which a prevailing party granted a waiver of fees is awarded costs, the court to order that the party bearing costs pay the fees that were waived (3.06(B)); ex parte applications heard upon the availability of the court with at least 24 hours’ notice to the opposing party or counsel, filed with the proper filing fee and a written supporting declaration stating whether the opposing party is represented, has been contacted and has agreed, and why the matter cannot be heard on regular notice, the adequacy determined on the papers submitted (3.07); demurrers, motions and other applications for orders (except ex parte applications), trial settings and pretrial conferences set in Department 1 on each Monday or Tuesday at 9:00 a.m. depending on case type (3.10(A)); the moving party to notify the court at least two (2) court days before the scheduled hearing date if a matter will not be heard, and a party who desires to submit a matter without appearing to give two (2) court days' notice (3.10(B)); a firm continuance policy, law and motion continuances by written stipulation filed with the Court or by oral argument with written notification and proof of service filed before the hearing, no continuances granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause (3.10(C)); telephonic appearances in non-evidentiary civil law and motion and probate matters, counsel to file and serve with CourtCall (not the court) a “Request for CourtCall Telephonic Appearance” at least five (5) court days before the appearance and to notify other counsel and parties appearing in propria persona, CourtCall to initiate all calls and directly invoice participants, the costs not recoverable under Code of Civil Procedure §1033.5 (3.10(E)); and the prevailing party on a motion to prepare and submit an order within five (5) days of the ruling for approval as to form, then present it to the court (3.11).