Loading…
Section 4 (Rules 4.01 to 4.06): general civil cases filed on or after July 1, 1992 subject to a comprehensive case management/pretrial conference no later than 180 days after the complaint is filed (4.01); the case development benchmarks - service of the complaint and filing of proof of service within 60 days of filing, responsive pleadings within 30 days of service, no extensions of time on stipulations except to the limited extent permitted by Government Code Section 68616, longer extensions upon ex parte application, each case presumed to be on a 12 month plan (4.01); at the status conference the court to order plaintiff to serve a Notice of Case Management Conference, each party to file and serve a case management/pretrial statement no later than fifteen (15) days before the conference, which shall state that all parties have met and conferred, and the court to issue its order (4.01); motions to advance, reset or specially set cases for trial, and to continue trial dates, made on written notice to all parties who have appeared and filed with the proper filing fee, no continuance except upon an affirmative showing of good cause (4.02); whenever a case assigned a trial date settles, the attorneys or in pro per parties to immediately notify the court, by telephone to the clerk followed within five (5) days by a confirming letter (4.03); a party wishing a trial by jury to make a timely demand and deposit of jury fees in accordance with Code of Civil Procedure §631 and to deposit one day's jury fees and mileage from the second day of voir dire and on each succeeding day, the jury waived if no party deposits the fees (4.04); judgment rendered and entered against a party in default under Code of Civil Procedure Sections 585 or 586, the court to proceed with the case under Section 594 when a party who answered does not appear for trial, and plaintiff ordinarily required to dismiss as to a named party not served, without prejudice (4.05); and the side with the greater number of peremptory challenges to exercise every second challenge, exhibits handed to jurors only after leave is obtained, jury instructions delivered in writing to the trial judge before the first witness is sworn under Code of Civil Procedure Section 607a and to conform to California Rules of Court, Rule 2.1055, a special verdict or special findings under Rule 3.1580 (4.06).
California > Third Appellate District > Colusa County > Superior Court of California, County of Colusa
SECTION 4 SETTING OF TRIAL AND TRIAL - CIVIL RULE 4.01 SETTING OF CASES FOR TRIAL - GENERAL CIVIL CASES All general civil cases (as defined in Rule 2.09(B)) filed on or after July 1, 1992, or transferred by a court in another jurisdiction on or after July 1, 1992, shall be subject to this Rule 4.01. (1) POLICY STATEMENT The California Government Code and the California Rules of Court mandate that trial courts actively manage and supervise the pace of litigation from the date of filing to disposition by reference to specific procedure and guidelines. The court shall implement that mandate in the following manner in light of currently scarce judicial resources and the cooperative past efforts of the bar. The court will establish certain case development benchmarks but, generally, will not intervene with orders to show cause or early status conferences, in favor of conducting a comprehensive case management/pretrial conference no later than 180 days after the complaint is filed by which time all parties, if diligent, should be prepared to declare the case to be at issue; to identify all issues to be tried; to inform the court relative to case management issues; to summarize the pertinent results of discovery activity; to address alternative dispute resolution and settlement; and to schedule arbitration, trial or other proceedings. (2) CASE DEVELOPMENT BENCHMARKS The court adopts the following time period for progression of general civil cases: (a) Service of complaint and filing of proof of service within 60 days of filing. (b) Filing and service of responsive pleadings within 30 days of service of the complaint. (c) Except to the limited extent permitted by Government Code Section 68616, no extensions of time shall be allowed on stipulations between the parties. To the extent extensions are permitted upon stipulation pursuant to the referenced authority, they shall be in writing and promptly filed with the court. (d) Extensions of time for periods longer than permitted by statute upon stipulation may be permitted by the court, upon ex parte application which conforms with California Rules of Court, Rules 3.1200 through 3.1207. (e) At the time of the case management/pretrial conference, if not earlier, the court shall determine if the parties have complied with these case development benchmarks. If one or more parties have not complied, the court may, in its discretion, impose sanctions permitted by law at that time, without further notice, after the parties have had an opportunity to be heard. (f) Until otherwise designated by the court at the case management/pretrial conference, each case is presumed to be on a 12 month plan from filing to disposition. (California Rules of Court, Rule 3.714; Standards of Judicial Administration Section 2.2(f)). (3) PROCEEDINGS IN ADVANCE OF CASE MANAGEMENT/PRETRIAL CONFERENCE (a) In its discretion on a case-by-case basis, the court may schedule status conferences and OSC hearings in advance of the case management/pretrial conference on timely notice to the parties. Unless expressly waived by the court, personal appearance by all counsel of record or the parties, if unrepresented, is required at any such conference. (b) Nothing in these Rules shall be construed to preclude a party from seeking preferential trial setting, as provided in the Code of Civil Procedure, upon a duly noticed motion in advance of the case management/pretrial conference. (c) Nothing in these Rules shall be construed to preclude a party from seeking a referral to Judicial Arbitration, pursuant to California Rules of Court, Rules 3.811 and 3.812, upon a duly noticed motion in advance of the case management/pretrial conference. (d) Nothing within these Rules shall be construed to preclude a party from seeking early disposition of an uncomplicated case, as defined and provided in California Rules of Court, Rule 3.714, upon a duly noticed motion in advance of the case management/pretrial conference, which establishes that the case is at-issue; that no general or exemplary damages are sought; that there are no more than two sides to the case; and that presentation of evidence will take no more than one-half of a court day. (4) THE CASE MANAGEMENT/PRETRIAL CONFERENCE (a) NOTICE At the time of the status conference, the court shall order plaintiff to serve a Notice of Case Management Conference (hereinafter the "Notice") which shall specify the date and time and place of the case management/pretrial conference. Plaintiff shall serve a complete copy of the Notice upon any party who has been served with the complaint at that time. (b) SCHEDULING The case management/pretrial conference shall be set for a date no later than 180 days from the filing of the complaint. (c) CASE MANAGEMENT/PRETRIAL STATEMENT No later than fifteen (15) days before the case management/pretrial conference, each party shall file and serve on all other parties a case management/pretrial statement which addresses with detail and particularity each area of inquiry designated in the Notice. The Case Management Statement shall state that all parties have met and conferred on all areas designated in the notice. The statement shall also indicate whether there is an alternative dispute resolution process in which the party would be willing to participate on a voluntary basis. (d) PRETRIAL ORDER At or immediately following the case management/pretrial conference, the court shall issue its order addressing the status of the case and further proceedings. Sanctions for violations of these Rules, if any violations occurred up to and including the time of the case management/pretrial conference, will be considered by the court at this time. (e) FURTHER STATUS CONFERENCE Further status conferences will not be set as a matter of course in each case but on a case-by-case basis when circumstances dictate. (Amended, effective 1/1/07) RULE 4.02 CHANGING TRIAL DATE ONCE ASSIGNED, AND SPECIAL SETTINGS Motions to advance, reset or specially set cases for trial, and to continue trial dates, shall be made on written notice to all parties who have appeared, and shall be filed with the court with the proper filing fee and noticed for hearing in the appropriate law and motion department unless otherwise prescribed by the Presiding Judge. Motions for continuance of a trial date shall be noticed promptly upon the necessity for continuance being ascertained. No continuance will be granted except upon an affirmative showing of good cause therefore. (Amended, effective 7/1/15, previously adopted, effective 7/1/92) RULE 4.03 DUTIES IF CASE SETTLES Whenever a case assigned a trial date settles, the attorneys or in pro per parties shall immediately notify the court. Primary obligation to notify the court shall be plaintiff's through his or her attorney or, in pro per, in person. Notification may be by telephone to the clerk, but, in such case, shall be followed within five (5) days by a confirming letter with copies to all parties. Notification of settlement to the court shall result in the vacating of any trial date and the removal of the action from the master calendar and civil active list. (Adopted, effective 7/1/92) RULE 4.04 DEMAND FOR JURY IN CIVIL ACTION; PAYMENT OF FEES (A) Any party wishing to obtain a trial by jury must make a timely demand and deposit of jury fees in accordance with Code of Civil Procedure §631. (B) At the commencement of the second day of voir dire examination, and on each succeeding day of voir dire, such party shall deposit with the Clerk of the Court a sum equal to the panel's one-day jury fees and mileage. (C) When the trial commences after voir dire, and on each succeeding day of the trial, such party shall deposit with the Clerk of the Court a sum equal to one day's jury fees and mileage for the jurors and alternates. (D) If, during voir dire or trial, the party responsible for jury fees waives the jury or fails to pay jury fees as prescribed in (B) or (C), any other party may preserve its right to jury trial by depositing fees as therein required. If no other party deposits the required jury fees, the jury is waived and the trial shall proceed without a jury. (Amended, effective 7/1/15, previously amended, effective 1/1/07) RULE 4.05 PARTIES NOT PRESENT FOR TRIAL (A) If a party has been served and did not answer but default and default judgment have not been entered and rendered, and the action has nevertheless been set for trial as to other parties, on proper application, judgment may be rendered and entered against the party in default in accordance with Code of Civil Procedure Sections 585 or 586. (B) If a party has been served and answered, but does not appear for trial and appropriate notice of time and place of trial has been given, the court will proceed with the case in accordance with Code of Civil Procedure Section 594. (C) If a named party has not been served, plaintiff will ordinarily be required to dismiss as to that party without prejudice. (Adopted, effective 7/1/92) RULE 4.06 CONDUCT OF CIVIL TRIALS INVOLVING JURIES (A) CHALLENGES FOR CAUSE Upon completion of voir dire examination as to all prospective jurors in the jury box or as to a prospective juror individually, a party should state whether he or she "passes for cause." (B) PEREMPTORY CHALLENGES If there are more than two sides and one side is allotted substantially more peremptory challenges than any other side, the trial judge will require the side with the greater number of challenges to exercise every second challenge, i.e., alternate with each of the other sides, rather than rotate the challenges from one side to a second side to a third side. (C) WHEN EXHIBITS ARE TO BE GIVEN TO JURORS Exhibits admitted into evidence shall be handed to jurors in the jury box only after leave therefore is obtained from the trial judge. Exhibits such as writings, which are not subject to cursory examination, ordinarily will not be provided to jurors until they retire to the jury room upon the cause being submitted to them. (D) WHEN JURY INSTRUCTIONS ARE TO BE SUBMITTED (1) Pursuant to Code of Civil Procedure Section 607a, unless otherwise indicated by the trial judge, all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge before the first witness is sworn or as directed by the Court at or after the time of setting of trial. At the same time copies thereof shall be served upon adversaries. (2) Thereafter, any additional proposed instructions may be delivered to the trial judge and served upon adversaries. (E) DUTY TO PREPARE, SUBMIT AND MODIFY INSTRUCTIONS (1) Attorneys and in pro per parties shall prepare and submit copies of any desired instructions. The Court does not maintain a stock of such form instructions. (2) If an attorney or in pro per party submits instructions, all deletions, strikeouts, insertions and modifications therein which are appropriate to the case shall be made prior to submission. (F) FORM OF PROPOSED JURY INSTRUCTIONS All proposed jury instructions shall conform to the requirements of California Rules of Court, Rule 2.1055; and shall specify thereon the manner in which any instruction has been modified. (G) SPECIAL VERDICT AND FINDING FORMS (1) A party who requests a special verdict or special findings shall, in connection with requested instructions, comply with California Rules of Court, Rule 3.1580. (2) A special verdict or special findings form shall be so drafted as to require as much as possible an answer of "yes" or "no". (Amended, effective 7/1/15, previously amended, effective 1/1/07)
SECTION 4 SETTING OF TRIAL AND TRIAL - CIVIL RULE 4.01 SETTING OF CASES FOR TRIAL - GENERAL CIVIL CASES All general civil cases (as defined in Rule 2.09(B)) filed on or after July 1, 1992, or transferred by a court in another jurisdiction on or after July 1, 1992, shall be subject to this Rule 4.01. (1) POLICY STATEMENT The California Government Code and the California Rules of Court mandate that
Reviewer note: Composed 2026-10-12 (California T4 Colusa build 2026-10-12) from BenchPath custody ca/t4/ca-colusa/docs/local-rules-15-final.pdf (the court's rule book, its cover “COLUSA COUNTY SUPERIOR COURT LOCAL RULES REVISED AND EFFECTIVE JULY 1, 2015”, as fetched 2026-10-12; 710456 bytes, sha256 ab900b287107469f5cc0e8af39fc1af062663a6299f9ad7ccfc166e02655e0fb; 73 pages; this section PDF pages 29 to 34, printed pages 17 to 22) with the shared verbatim composer (v2 reflow): the rules (PDF pages 13 to 65, printed 1 to 53) composed as one text and cut at the sixteen section headings “SECTION 1” to “SECTION 16”, each matched once as a whole line followed by the section's title (a section may begin mid-page); the running header of every page (“COLUSA COUNTY SUPERIOR COURT”) and its page number (“- 1 -”), each named and a whole line in its band, removed as chrome - 106 chrome lines; lines reflowed into the rules' paragraphs, each rule's number and title (“RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION”), each lettered or numbered subdivision starting a line, each section heading and each history line (“(Amended, effective ...)”, “(Adopted, effective ...)”) on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds 5 struck runs on 2 pages, spaces only (a form's underlined blanks) - the book composed without strike_out; no table on the rule pages; 19 whitespace-only fixes (build/book-fixes.json: three lines wrapped at a parenthesized letter or number the reflow took for a label rejoined - Rules 1.12(C), 15.06(A)(1) and 15.08 - and Rule 15.10's suggested form of summary of account set item by item, each label with its schedule line and “$”); the vertical-gap, short-line, page-break, bold, false-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) - the rest kept as printed (the rule numbers with their titles on one row, the words of justified title rows, Rule 4.01(3)'s two-line heading, the inner labels of Rules 2.09(B) and 3.10(E)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (3 to 11), Appendix “A” (the Certification of Attorney Competency form, 67), the index (69 to 73) and four blank pages (2, 12, 66 and 68) 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.
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.