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Chapter 8: consideration of a history of breaches in professional courtesy (Rule 2.90); the Standards of Professional Courtesy (Rule 2.91) - scheduling (Rule 2.120), discovery (Rule 2.121), conduct towards other attorneys, the court and participants (Rule 2.122), candor to the court and opposing counsel (Rule 2.123) and efficient administration (Rule 2.124); and the Committee on Bias (Rule 2.150).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 8. Standards of Professional Courtesy Rule 2.90. Consideration of History of Breaches in Professional Courtesy The Court acknowledges that the Contra Costa County Bar Association has adopted "Standards of Professional Courtesy," which are incorporated in these Local Court Rules. In any motion filed pursuant to Code of Civil Procedure Sections 128, 128.7, 177 and 177.5 and various local rules, the Court may take into consideration counsel's history of breaches of these standards in deciding what, if any, sanctions to impose. (Rule 2.90 revised effective 1/1/15) Rule 2.91. Standards of Professional Courtesy (a) Purpose of these standards Attorneys are most often retained to represent their clients in disputes. The practice of law is largely an adversarial process. Attorneys are ethically bound to zealously represent and advocate their clients' interest. Nonetheless, there exist certain standards of professional courtesy that are observed, and certain duties of professionalism are owed by attorneys to their clients, opposing parties and their counsel, the Courts and other tribunals, and the public as a whole. Members of the Contra Costa County Bar Association have practiced law with a level of professionalism that goes well beyond the requirements of the State Bar mandated Code of Professional Conduct. The following standards of professional courtesy describe the conduct preferred and expected by a majority of attorneys practicing in Contra Costa County in performing their duties of civility, professional integrity, personal dignity, candor, diligence, respect, courtesy, cooperation and competence. These standards are not meant to be exhaustive. They should, however, set a tone or guide for conduct not specifically mentioned in these standards. (b) Professional courtesy standards These standards have been codified to make the level of professionalism reflected in them the standard for practice within Contra Costa County, with the hope that their dissemination will educate new attorneys and others who may be unfamiliar with the customary local practices. These Standards have received the approval of the Board of Directors of the Contra Costa County Bar Association. They have also been endorsed by the Judges of the Superior Court of Contra Costa County, who expect professional conduct by all attorneys who appear and practice before them. They will be considered by those judges in their rulings pursuant to California Code of Civil Procedure Sections 128, 128.7, 177, and 177.5, as provided for in Local Court Rule 2.90. All attorneys conducting any practice of law in Contra Costa County are encouraged to comply with the spirit of these standards and not simply blindly adhere to the strict letter of them. The goals stated and inherent herein are equally applicable to all attorneys regardless of area of practice. (c) Conformity with other statutes or rules This Code is not a substitute for the statutes and rules, and no provision of this Code is intended to be a method to extend time limitations of statutes and rules, including fast track time limitations, without appropriate court order. (Rule 2.91 revised effective 1/1/15) Rule 2.120. Scheduling (a) Advance notice of scheduling activities (1) Attorneys should communicate with opposing counsel before scheduling depositions, hearings, meetings and other proceedings and make reasonable efforts to schedule such meetings, hearings, depositions, and other proceedings by agreement whenever possible, at all times attempting to provide opposing counsel, parties, witnesses and other affected persons, sufficient notice. (2) Where such advanced efforts at scheduling are not feasible (for example, in an emergency, or in other circumstances compelling more expedited scheduling, or upon agreement of counsel) an attorney should not arbitrarily or unreasonably withhold consent to a request for scheduling accommodations that do not prejudice their clients or unduly delay a proceeding. (b) Sufficient time to complete proceedings In all cases an attorney should attempt to reserve sufficient time for the completion of the proceeding to permit a complete presentation by counsel for all parties. (c) Avoid continuances or undue delays in scheduling An attorney should not engage in delay tactics in scheduling meetings, hearings and discovery. An attorney should not seek extensions or continuances for the purpose of harassment or solely to extend litigation. (d) Notice of scheduling conflicts Attorneys should notify opposing counsel, the Court and others affected, of scheduling conflicts as soon as they become apparent and shall cooperate in canceling or rescheduling. An attorney should notify opposing counsel and, if appropriate, the Court or other tribunal, as early as possible of any resolutions between the parties that renders a scheduled hearing, position or meeting unnecessary or otherwise moot. (e) Requests for time extensions Consistent with existing law and court orders, attorneys should grant reasonable requests by opposing counsel for extensions of time within which to respond to pleadings, Discovery and other matters when such an extension will not prejudice their client or unduly delay a proceeding. (f) Disclosure of identity of witnesses Attorneys should cooperate with opposing counsel during trials and evidentiary hearings by disclosing the identities of all witnesses reasonably expected to be called and the length of time needed to present their entire case, except when a client’s material rights would be adversely affected. They should also cooperate with the calling of witnesses out of turn when the circumstances justify it. (g) Time and manner of service of papers The timing and manner of service of papers should not be calculated to disadvantage, overwhelm or embarrass the party receiving the papers. An attorney should not serve papers simply to take advantage of an opponent’s known absence from the office or at a time or in a manner designed to inconvenience the adversary, such as late in the day (after normal business hours), or so close to a court appearance that it inhibits the ability of opposing counsel to prepare for that appearance or to respond to the papers (if permitted by law), or in such other way as would unfairly limit the other party’s opportunity to respond to those papers or other matters pending in the action. (Rule 2.120 revised effective 1/1/16) Rule 2.121. Discovery (a) Purpose of Discovery Attorneys should pursue discovery requests that are reasonably related to the matter at issue. Attorneys should not use Discovery for the purpose of harassing, embarrassing or causing the adversary to incur unnecessary expenses, as a means of delaying the timely, efficient and cost-effective resolution of a dispute, or to obtain unfair advantage. (b) Response to requests for discovery Attorneys should ensure that responses to reasonable discovery requests are timely, organized, complete and consistent with the obvious intent of the request. Attorneys responding to document demands and interrogatories should not do so in an artificial manner designed to assure that answers and responses are not truly responsive or solely to attempt to avoid disclosure. (c) Discovery questions Attorneys should avoid repetitive or argumentative questions, questions asked solely for purposes of harassment, or questions which are known to the questioner to be an invasion of the rights of privacy of third parties not present or represented at the deposition. (d) Conduct of deposition proceedings Attorneys should bear in mind that depositions are to be taken as if the testimony was being given in court, and they should therefore not engage in any conduct during the deposition that would not be allowed in the presence of a judicial officer. An attorney should avoid, through objections or otherwise, improper coaching of the deponent or suggesting answers. (e) Requirement to meet and confer on discovery Attorneys should meet and confer on Discovery requests in a timely manner and make good faith attempts to actually resolve as many issues as can possibly be resolved before proceeding with motions concerning the discovery. Before filing a motion concerning discovery, or otherwise, an attorney should engage in more than a mere pro forma effort to resolve the issue(s). (Rule 2.121 revised effective 1/1/15) Rule 2.122. Conduct Towards Other Attorneys, the Court and Participants (a) Professional conduct Attorneys must remember that conflicts with opposing counsel are professional and not personal, that vigorous advocacy is not inconsistent with professional courtesy, and that they should not be influenced by ill feelings or anger between clients in their conduct, attitude, or demeanor toward opposing attorneys. (b) Service of papers An attorney should never use the mode, timing or place of serving papers primarily to embarrass a party or witness. (c) Filing of motions Motions should be filed sparingly, in good faith and when the issue(s) cannot be otherwise resolved. An attorney should not engage in conduct which forces opposing counsel to file a motion and then not oppose the motion, or provide information called for in the motion only after the motion is filed. (d) Professional demeanor Attorneys should refrain from disparaging or denigrating the Court, opposing counsel, parties or witnesses before their clients, the public or the media. (e) Conduct of clients and witnesses Attorneys should be, and should impress upon their clients and witnesses the need to be, courteous and respectful and not rude or disruptive with the Court, court personnel, opposing counsel, parties and witnesses. (f) Instructions to attorneys on witnesses Attorneys should make an effort to explain to witnesses the purpose of their required attendance at depositions, hearing or trial. They should further attempt to accommodate the schedules of witnesses when setting or resetting their appearance, and promptly notify them of any cancellations. Dealings with nonparty witnesses should always be courteous and designed to leave them with an appropriately good impression of the legal system. Attorneys should instruct their clients and witnesses that they are not to communicate with the Court on the pending case except with all counsel or parties present in a reported proceeding. (g) Notification to opposing party regarding ex parte Where applicable laws or rules permit an ex parte application or communication to the Court, before making such an application or communication, an attorney should make diligent efforts to notify opposing party or opposing counsel known to represent or likely to represent the opposing party, should make reasonable efforts to accommodate the schedule of such attorney or party to permit the opposing party to be represented, and should avoid taking advantage of an opponent’s known absence from the office. (h) Drafting court documents Attorneys should draft agreements and other documents promptly and so as to fairly reflect the true intent of the parties. (i) Prohibiting bias No attorney shall engage in any act of age, gender, sexual orientation, physical or mental impairment, religion, or race bias while engaging in the practice of law in Contra Costa County. (Rule 2.122 revised effective 1/1/15) Rule 2.123. Candor to the Court and Opposing Counsel (a) Accuracy of written and oral statements Attorneys should not knowingly misstate, misrepresent or distort any fact or legal authority to the Court or to the opposing counsel, and shall not mislead by inaction or silence. Written materials and oral argument to the Court should accurately state current law and fairly represent the party’s position without unfairly attacking the opposing counsel or opposing party. (b) Manner to present new information If, after all briefing allowed by law or the Court has been submitted, an attorney locates new authority that s/he desires to bring to the Court’s attention at a hearing on the matter, a copy of such new authority shall be provided to both the Court and to all opposing counsel in the case at or before the hearing. (c) Proposed orders Attorneys should draft proposed orders promptly, and the orders should fairly and adequately represent the ruling of the Court. When proposed orders are submitted to counsel for approval, attorneys should promptly communicate any objections to the party preparing the proposed order so that good faith discussions can be had concerning the language of the proposed order. (d) Court rulings Attorneys should respect and abide by the spirit and letter of all rulings of the Court. (e) Opposing letters to counsel An attorney should not draft letters assigning to an opposing party or opposing counsel a position that party or counsel has not taken or to create a “record” of events that have not occurred. (Rule 2.123 revised effective 1/1/16) Rule 2.124. Efficient Administration (a) Avoid unnecessary action Attorneys should refrain from actions which cause unnecessary expense, or delay the efficient and cost-effective resolution of a dispute. (b) Stipulate to facts and legal authority Attorneys should, whenever appropriate, stipulate to all facts and legal authority not reasonably in dispute. (c) Encourage negotiation and resolution Attorneys should encourage principled negotiations and efficient resolution of disputes on their merits. (d) Punctuality and preparedness Attorneys should be punctual in communications with others, and punctual and prepared for all scheduled appearances. (e) Consider Alternative Dispute Resolution (ADR) In every case, and as soon as the case can be reasonably evaluated, an attorney should consider whether the client’s interest could be adequately served and the case more expeditiously and economically disposed of by settlement, arbitration, mediation or other form of alternative dispute resolution. (f) Make legitimate objections during deposition or trial An attorney in making objections during a deposition, trial or hearing should do so for legitimate and good faith reasons and should not make such objections only for the purpose of making a speech, harassment or delay. All remarks, argument, objections and requests by counsel during trial shall be addressed to the Court rather than directly to adversaries. Objections should be in legal form and without argument, unless directed to make argument by the Court. (g) Arrange witness appearance to eliminate delay An attorney shall arrange for the appearance of witnesses during presentation of their case so as to eliminate delay caused by waiting for witnesses who have been placed on call. APPROVED BY THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY BAR ASSOCIATION JUNE 1993. (Rule 2.124 revised effective 1/1/16) Rule 2.150. Committee on Bias The Superior Court, in cooperation with the Contra County Bar Association, re-establishes a Committee on Bias, and adopts the procedures and stated purpose that are in these Local Rules of Court (see Title 10, Standard 10.20, Standards of Judicial Administration). (a) Informal complaint process defined The Judges of the Superior Court and the Contra Costa County Bar Association have agreed upon an informal complaint procedure addressing issues of age, gender, sexual orientation, disability, socioeconomic status, religion, national origin and race bias in the Courts (see Title 10, Standard 10.20, Standards of Judicial Administration). (b) Intent of procedure The intent of this procedure is not to discipline, but to educate with the purpose of improving the problem and preserving the integrity and impartiality of the judicial system. (c) Education The Committee on Bias shall sponsor or support educational programs designed to eliminate bias within the court and legal communities, including, but not limited to, bias based on disability, gender, race, religion, ethnicity, and sexual orientation. (d) Complaint procedure (1) Notify Committee on Bias. If a participant (participant includes, but is not limited to counsel, witnesses, parties or jurors) believes a bench officer has engaged in an act of bias or otherwise failed to ensure that proceedings are conducted in a manner that is fair and impartial to all participants, such person may send a written complaint to the Committee on bias either: 1) via letter addressed to the Committee on Bias, 2300 Clayton Rd., Suite 520, Concord, CA 94520; or 2) by email to bias@cccba.org. i. Form of Complaint. Anonymous complaints will not be considered. Complaints are limited to behavior or conduct occurring in courtroom proceedings. Complainants submitting non-conforming complaints shall be advised of the parameter of the complaints considered by the Committee as well as the confidentiality of the complainant’s identity. ii. Disclosure of Identity of Complainant. The Committee shall keep the identity of the complainant confidential and shall not disclose it to individuals outside the Committee unless the conditions under subsection (d)(5) of this rule have been met. (2) Review of Committee on Bias. The Committee on Bias will hold a meeting to review the complaint within 30 days of receipt of a written complaint. If the complaint pertains to a judicial officer who is a member of the bias committee, that judicial officer shall be disqualified from all proceedings involving the complaint. The Committee’s focus will be on incidents that do not warrant discipline but that should be corrected. The Committee’s responsibility is to evaluate and investigate written complaints against judicial officer. The committee will strive to complete the investigation within 90 days of receipt of a complaint. If additional time is required, appropriate notice will be provided to all concerned with that complaint. If the Committee substantiates a written complaint by determining it raises the appearance of bias, the Committee will refer the matter to the Presiding Judge, who will meet with the judicial officer who is the subject of the complaint and take appropriate corrective action. (3) Conduct of Committee on Bias. In determining whether a complaint raises an appearance of bias, the Committee may conduct its own investigation which may include contacting the complainant for additional information. (4) Investigation of Committee on Bias. Any investigation conducted shall be undertaken with the utmost care not to violate the confidentiality of the complainant. (5) Resolution of Complaint. It is hoped that making the bench officer aware of the complaint will resolve the issue if one exists. If both the bench officer and the complainant wish to confer about the matter, or try to further resolve any outstanding problems, they may do so. However, this would be subject to the agreement of both and to the complainant’s decision to waive any confidentiality. (6) Allegation of Retaliation. Any allegation of retaliation against an individual making a claim to the Committee will be taken seriously, and is subject to investigation by the Committee under these provisions. (7) Return of Complaint to Committee. After the Presiding Judge informs the Committee that the bench officer who is the source of the complaint has been contacted, the complaint will be returned to the Committee for destruction. However, for educational purposes, the Committee may maintain data as to the types of complaints received. (8) No Referral to Commission on Judicial Performance. Matters referred to the Committee will not be used as a basis for a referral by the Committee of a judicial officer to the Commission on Judicial Performance. (9) Notification to Complainant. With respect to those incidents that, if substantiated, would warrant discipline, the Committee will advise the complainant of the appropriate disciplinary authority. (e) Committee membership and length of service (1) Composition of Committee. The Committee on Bias is to be composed of representative members of the court community, including but not limited to, judges, lawyers, court administrators, representatives and individuals from minority, women’s and gay and lesbian bar associations, representatives from the County’s District Attorney and Public Defender offices, and from organizations that represent persons with disabilities. (2) Number of Members on Committee. The total number of members on the Committee shall not exceed 15. The Committee on Bias will consist of 5 members appointed by the President of the Contra Costa County Bar Association. The remaining members shall include: 1) at least one judge appointed by the Presiding Judge; 2) one administration officer appointed by the Presiding Judge; and 3) up to 8 representatives from Contra Costa legal organizations representing people of color, the LGBTQ community, and the disabled, appointed by the Presiding Judge or her/his designee. If a judge appointed to the committee is the subject of a complaint, or a member of the Committee is a witness or the complainant in a pending complaint, said judge or member shall be precluded from participating in the review of that complaint. (3) Term of Committee members. Committee members will serve for staggered terms. A quorum will be necessary for meetings and a majority vote of those in attendance will be required before any action can be taken. (Rule 2.150, revised effective 7/1/21)
Chapter 8. Standards of Professional Courtesy Rule 2.90. Consideration of History of Breaches in Professional Courtesy The Court acknowledges that the Contra Costa County Bar Association has adopted "Standards of Professional Courtesy," which are incorporated in these Local Court Rules. In any motion filed pursuant to Code of Civil Procedure Sections 128, 128.7, 177 and 177.5 and various local rul
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
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.