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Title Three, Chapter 1 (Rules 3.1 to 3.19): applicability, definitions and transferred cases (Rules 3.1 to 3.3); policy (Rule 3.4); venue, filing and form of papers (Rule 3.5); challenge to the assigned judge (Rule 3.6); service of summons, complaint, cross-complaint, responsive pleadings and default judgments (Rule 3.7); the case management conference procedure (Rule 3.8); telephone appearances (Rule 3.9); sanctions (Rule 3.10); the issue conference (Rule 3.11); jury fees (Rule 3.12); reporting of court proceedings in civil fast track departments (Rule 3.13); unlawful detainer trial setting (Rule 3.14); relief following breach of a settlement agreement in limited jurisdiction cases (Rule 3.15); complex litigation cases (Rule 3.16); CEQA claims (Rule 3.17); conforming copies (Rule 3.18); and the unlawful detainer process (Rule 3.19).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Title Three. Civil Rules Chapter 1. Administration of Civil Litigation Rule 3.1. Applicability Unless otherwise specified, this rule applies to all civil cases except Juvenile, Probate and Family Law cases, extraordinary writs, Asset Forfeiture cases under Health and Safety Code Section 11470 et seq., and Limited Jurisdiction Collections Cases under provisions of California Rules of Court, Rule 3.740. Special provisions are made for expediting Unlawful Detainer cases (see Rule 3.12). (Rule 3.1 revised effective 1/1/15) Rule 3.2. Definitions as Used in Title Three As used in Title 3: (1) The term "counsel” includes parties representing themselves. (2) The term "plaintiff" also includes cross-complainant. (3) The term "defendant" also includes cross-defendant. (Rule 3.2 revised effective 1/1/15) Rule 3.3. Transferred Cases Unless excluded under Rule 3.8(c), all cases transferred from another jurisdiction are subject to this Rule. (Rule 3.3 revised effective 1/1/15) Rule 3.4. Policy (a) Civil case management It is the policy of the Superior Court of Contra Costa County to track and manage all cases from the moment the complaint is filed until disposition and to conclude all civil cases as expeditiously as possible within the limits of available funding and staffing. (Rule 3.4(a) revised effective 1/1/13) (b) Disposition goals (1) It is the goal of the Court to conclude 75% of all Unlimited Jurisdiction Civil cases and 90% of Limited Jurisdiction Civil cases filed within 12 months of the filing of the complaint, 85% of all Unlimited Jurisdiction Civil cases and 98% of all Limited Jurisdiction Civil cases filed within 18 months of the filing of the complaint, and 100% of all civil litigation cases within 24 months of the filing of the complaint. (Rule 3.4(b)(1) revised effective 1/1/13) (2) It is the policy of the Court that all civil cases, not court-designated as “complex,” are presumed to be appropriate for a disposition goal of 12 months. The Court may modify this disposition goal at any time upon the showing of good cause or insufficient staffing due to lack of funding. (Rule 3.4(b)(2) revised effective 1/1/13) (c) Hearings It is the policy of the Court that unnecessary hearings, which tend to delay the progress of litigation, be avoided. The Court urges counsel to meet and confer on disputed issues before motions are filed. (Rule 3.4(c) revised effective 1/1/01) (d) Assignment of Unlimited Jurisdiction Civil cases All Unlimited Jurisdiction Civil cases subject to this rule will be assigned to one judge for all purposes unless otherwise determined by the Presiding Judge for good cause. (Rule 3.4(d) revised effective 1/1/13) (e) Uninsured motorists The following policy applies to uninsured motorist cases: (1) Promptly upon learning that an action is to proceed as an uninsured motorist case, plaintiff's counsel shall file a declaration setting forth the information upon which such a determination has been made. The declaration shall include: A statement that coverage exists under an uninsured motorist's insurance policy; the name of the carrier and limits of coverage. It shall also include a statement that counsel believes that the limits of coverage are adequate to compensate for known loss or damage; that plaintiff(s) will promptly pursue such remedy and that it is counsel's present intention to assign the claim or dismiss the pending action upon receipt of a recovery by settlement or award. (2) The declaration shall be captioned "Request for Temporary Exemption - Uninsured Motorist Case." (3) Upon review of the declaration, the Court may designate the action as an uninsured motorist case in which event the time requirements under this Rule will be suspended for up to 270 days from the date the complaint was filed or from such other date the Court, in its discretion, shall fix. The case will be monitored by the setting of a review hearing at the end of the suspension period. If a dismissal has not been filed, plaintiff's counsel must file a further declaration five (5) court days before the review hearing date and provide a status report and, if necessary, a request with supporting justification for additional time to conclude the case. (Rule 3.4(e) revised effective 1/1/16) (f) Dismissal of “DOES” upon disposition It is the policy of the Court that each case be completely disposed. At the time of adjudication of the case, by request for dismissal or request for entry of judgment, all remaining parties including DOES, will be dismissed by the Court unless otherwise specified. (Rule 3.4(f) revised effective 1/1/16) (g) Exception order Nothing in this Rule shall be interpreted to prevent the Court in an individual case from issuing an Exception Order based on a specific finding that the interest of justice requires a modification of the routine procedures as prescribed by this Local Court Rule. (Rule 3.4(g) revised effective 1/1/13) (h) Alternative Dispute Resolution (ADR) It is the policy of the Court to encourage the parties in all cases to consider the use of appropriate alternative dispute resolution options as a means of resolving their disputes without trial. The Court encourages parties who can agree to use ADR before the first Case Management Conference to use the appropriate local court form: (1) CV-655b – ADR Case Management Stipulation and Order (Unlimited Jurisdiction Civil Cases) (2) CV-659d – ADR Case Management Stipulation (Limited Jurisdiction Civil Cases) (Rule 3.4(h) revised effective 1/1/13) (i) Notice to court upon disposition It is the policy of the Court that proper notice be given to the Court of the disposition of cases. (Refer to Rule 3.100 for settlements) (Rule 3.4(i) revised effective 1/1/13) (Rule 3.4 revised effective 1/1/16) Rule 3.5. Venue, Filing and Form of Papers (a) Unlimited and Limited Jurisdiction Civil cases: All new Unlimited and Limited Jurisdiction Civil cases (excluding Limited Jurisdiction Unlawful Detainer and Small Claims cases), and any subsequent papers shall be filed in Martinez (see California Rules of Court, Rule 2.100 for form of papers). (Rule 3.5(a) revised effective 1/1/16) (b) Limited Jurisdiction Civil cases filed before January 1, 2006: (1) All Limited Jurisdiction Civil cases filed before January 1, 2006, in Richmond or Pittsburg Branch Courts shall remain in the branch court where the complaint was filed and any subsequent papers filed in such matters shall only be filed in the originating branch court. (2) All Limited Jurisdiction Civil cases filed before January 1, 2006 in Concord or Walnut Creek are transferred to Martinez effective January 1, 2013, and any subsequent papers filed in such matters shall only be filed in Martinez. All hearings that are scheduled to occur in Limited Jurisdiction cases after January 1, 2006, will be held in Martinez. (Rule 3.5(b) revised effective 1/1/16) (c) Limited Jurisdiction Unlawful Detainer cases (1) All Limited Jurisdiction Unlawful Detainer cases, and all subsequent filings in these cases, must be filed in the appropriate court location based upon the location of the property in question with the exception of those that currently fall under the jurisdiction of the Concord/Mt. Diablo and Walnut Creek branch courts. (2) Effective January 1, 2013, Limited Jurisdiction Unlawful Detainer cases where the property is located in the following cities and adjacent unincorporated areas must be filed in the Martinez Clerk’s Office at 725 Court Street, Martinez, CA: Avon, Alamo, Blackhawk, Camino Tassajara, Canyon, Clayton, Clyde, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco, Pleasant Hill, Rheem, Rossmoor, San Ramon, St. Mary’s College, Walnut Creek, Ygnacio Valley and adjacent unincorporated areas. (Rule 3.5(c)(2) revised effective 1/1/13) (d) Small Claims cases (1) All Small Claims cases must be filed in one of the following locations. All subsequent filings must be filed in that same location. (A) The locality where one or more of the defendants resides; or (B) If the action arises from operation of a business by one or more defendants, the location where such a defendant has his, her, or its principal place of business; or (C) The locality where a substantial part of the events in question occurred; or (D) If there is no appropriate locality under any of the preceding provisions, in any locality. (2) The geographic territory for filing in the appropriate court location effective January 1, 2013 is as follows (A) Martinez: Avon, Alamo, Blackhawk, Camino Tassajara, Canyon, Clayton, Clyde, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco, Pleasant Hill, Rheem, Rossmoor, San Ramon, St. Mary’s College, Walnut Creek, Ygnacio Valley and adjacent unincorporated areas. (B) Pittsburg: Antioch, Bay Point, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, Oakley, Pittsburg and adjacent unincorporated areas. (C) Richmond: Crockett, El Cerrito, El Sobrante, Hercules, Kensington, North Richmond, Pinole, Point Richmond, Port Costa, Richmond, Rodeo, Rollingwood, San Pablo, Tilden Park North and adjacent unincorporated areas. (Rule 3.5(d)(2) revised effective 1/1/13) (Rule 3.5 revised effective 1/1/16) Rule 3.6. Challenge to Assigned Judge In both Unlimited and Limited Jurisdiction Civil cases (which are assigned to one judge for all purposes), a challenge to the assigned judge pursuant to Code of Civil Procedure Section 170.6 must be made in accordance with the time requirements set forth in that section. Upon acceptance of a proper challenge under Code of Civil Procedure Section 170.6, the case will be reassigned. (Rule 3.6 revised effective 1/1/15) Rule 3.7. Service of Summons, Complaint, Cross-Complaint, Responsive Pleadings and Default Judgments (1) Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments. (2) Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110. (3) Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing. (4) For purposes of Code of Civil Procedure section 415.20(b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions. The party's attempts at personal service must occur on at least two different days of the week, and if service is at a dwelling, at least one attempt must occur on a Saturday or Sunday. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met. Litigants with approved fee waivers who rely on a sheriff’s office for service may seek an exception to the weekend service requirement from the judicial officer if the sheriff’s office does not serve process on weekends. Nothing in this section shall be interpreted to prevent a judicial officer from exercising discretion to find reasonable diligence based on the facts of a case. (Rule 3.7 revised effective 1/1/26) Rule 3.8. Case Management Conference Procedure (Formerly Referred to as Status Conference) (a) Filing of complaint Upon filing a complaint, which includes a completed Civil Case Cover Sheet (Judicial Council Form CM-010), the plaintiff will receive the following from the Clerk or Court support staff: (1) Summons and Complaint and notification of the assigned department for Superior Court cases; (2) Notice and date of the First Case Management Conference (This court-generated notice includes the assigned date, time, and department); (3) Notice to Defendants (Local Court Form CV-655(d) for Unlimited Civil Jurisdiction cases and Form CV-659(b) for Limited Jurisdiction Civil cases); (4) A blank Case Management Statement (Judicial Council Form CM-110) and an Alternative Dispute Resolution Information Sheet (Local Court Form CV-655(c) for Unlimited Civil Jurisdiction cases and Form CV-659(e) for Limited Jurisdiction Civil cases); (5) In Limited Jurisdiction Civil cases only, the Case Questionnaire for Limited Civil Cases (Judicial Council Form DISC-010) and a blank Issue Conference Statement (Local Court Form CV-659(c)); (6) Plaintiffs in unlimited civil jurisdiction cases will also receive an ADR Case Management Stipulation and Order (Local Court Form CV-655(b) for Unlimited Jurisdiction Civil cases and plaintiffs in Limited Jurisdiction Civil cases will receive an ADR Case Management Stipulation (Local Court Form CV-659(d)). (Rule 3.8(a) revised effective 1/1/17) (b) Case questionnaire for Limited Jurisdiction Civil cases Any cross-complainant naming any new party in a limited jurisdiction civil case will also be served with a blank Case Questionnaire for Limited Civil Cases (Judicial Council Form DISC-010). (c) Setting the Case Management Conference for transfer-ins If a case is transferred from another jurisdiction after a responsive pleading has been filed, the First Case Management Conference will be set within forty-five (45) calendar days from the Order of Transfer. If no responsive pleading has been filed, the First Case Management Conference will be set within ninety (90) calendar days from the Order of Transfer. In all other particulars, the plaintiff in a transfer case will receive the same information and items as described above. (d) Notice of first CMC At the time of serving the Summons and Complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of the First Case Management Conference and an ADR Case Management Stipulation and Order (Local Court Form CV- 655(b)) for unlimited jurisdiction civil cases, and the ADR Case Management Stipulation. The responding party in unlimited jurisdiction civil cases and plaintiffs in limited jurisdiction civil cases will receive an ADR Case Management Stipulation (Local Court Form CV- 659(d)) for Limited Jurisdiction Civil cases. The responding party in limited jurisdiction civil cases will also receive a blank Case Questionnaire for Limited Civil Cases (Judicial Council form DISC-010). (e) File and serve Case Management Statement Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725. Rule 3.8(e) revised effective 7/1/02) (f) Request for early Case Management Conference One or more parties to a civil action may request that the assigned department advance the date of the first case management conference in the action, subject to the following: (Rule 3.8(f) revised effective 1/1/09) (1) Requests must be in writing, but may be informal, such as in letter format. They should be lodged (rather than filed) with the department assigned the matter. (2) Such requests must be served upon all parties that have appeared in the action. (3) The request shall either recite that all parties join in the request or, if not, must provide a brief but clear explanation of the benefits of advancing the conference date. (4) Any party opposing a request shall lodge and serve an informal statement of opposition, with reasons, within five (5) calendar days of receiving the request. (5) The Court reserves the discretion to determine whether such an early conference would be beneficial and whether the department’s calendar can accommodate the request. (g) First Case Management Conference The First Case Management Conference shall be conducted in accordance with California Rules of Court, Rule 3.721. Counsel are required to be thoroughly familiar with and abide by that Rule. (Rule 3.8(g) revised effective 7/1/02) (h) Subsequent Case Management Conference Unless otherwise ordered by the Court, a party need not file a Case Management Statement (Judicial Council Form CM-110) for subsequent conferences unless that party has not previously filed that form. Parties are welcome to file narrative status conference statements with proper material that they believe would be helpful to the Court. (Rule 3.8(h) revised effective 9/1/04) (Rule 3.8 revised effective 1/1/17) Rule 3.9. Telephone Appearances The Unlimited Jurisdiction Civil Departments (fast track departments) generally use Zoom for remote appearances, whether video and audio or audio only. The Court reserves the right in any matter to require a personal appearance as permitted by law. (Rule 3.9 revised effective 7/1/23) Rule 3.10. Sanctions If the Court finds that any party has not proceeded with due diligence or has otherwise failed to comply with this Rule, sanctions may be imposed. (Rule 3.10 revised effective 1/1/15) Rule 3.11. Issue Conference (a) Time and purpose of Issue Conference Within fourteen (14) calendar days before the trial date, unless otherwise ordered, an Issue Conference will be held during which all matters necessary to be resolved before trial will be before the Court. All trial counsel must be present, along with all principals or clients and claims representatives with settlement authority. (Rule 3.11(a) revised effective 1/1/16) (b) Motions in limine All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference. Motions in limine should be numbered consecutively and if a party files more than five (5) motions, an index must be provided. Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned. Parties should not submit motions in limine upon the following topics as each fast track trial department will issue orders sua sponte as follows: (Rule 3.11(b) revised effective 1/1/16) (1) No witness may be called, except with Court permission in exceptional circumstances, unless notice has been given to all parties of the date when the witness will testify. Such notice shall be given no later than at the end of the court day preceding the court day when the witness is to testify. (2) All witnesses will be excluded from the courtroom, unless otherwise ordered, excepting those for whom an exception exists at law (e.g., parties and corporate representatives). (3) Evidence of, or reference to, settlement negotiations, mediation, and materials which are privileged under the evidence code or by agreement of the parties shall not be allowed. (Rule 3.11(b)(3) revised effective 1/1/16) (4) Evidence of, or reference to, insurance, or the fact that an attorney is employed by, or has been compensated by, an insurance company, shall not be allowed. (5) Evidence of, or reference to, other claims or actions against any party to the litigation shall not be allowed without permission from the Court. (6) Evidence of, or reference to, the financial position or wealth, or lack thereof, of any party to the litigation, shall not be allowed without permission from the Court. (Rule 3.11(b)(6) revised effective 9/1/04) (c) Issue Conference Statement Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference. In limited civil cases only, use of the local Issue Conference Statement form (Local Court Form CV-659(c)) is mandatory. The following shall be included in the Issue Conference Statement and will be considered at the Issue Conference: (1) A statement of the facts, law and respective contentions of the parties regarding liability, damages (with specific dollar details), nature and extent of injuries, any unusual evidentiary or legal issues anticipated at trial, and all matters of fact believed by any party to be appropriate for stipulation; (2) A witness list, including only those witnesses that each party actually expects to have testify, with a brief statement of anticipated testimony, and exhibit list; (3) A trial length estimate and a proposed statement of the case to be read to the jury, and proposed voir dire questions; and (4) A list (index) of proposed CACI jury instructions, as required by California Rules of Court, 2.1055, and copies of any proposed special instructions [note: copies of CACI instructions should not be submitted with the Issue Conference Statement. (Rule 3.11(c) revised effective 1/1/17) (d) Settlement statement Each party shall lodge with the assigned department, at the time of filing of the Issue Conference Statement, a settlement statement in the form and content described in Local Rule 3.101. (Rule 3.11(d) revised effective 1/1/08) (e) Jury questionnaires (1) If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties; (2) Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference; (3) All parties shall meet and confer to attempt resolution of objections and proposals no later than ten (10) court days before the Issue Conference; (4) The questionnaire shall be submitted with the Issue Conference Statement with any unresolved questions requiring a ruling by the Court clearly identified; (5) If the Court approves a questionnaire, it shall be the responsibility of the party submitting a questionnaire to have an adequate number of copies delivered to the office of the Jury Commissioner no later than two (2) court days before the scheduled commencement of trial, and to arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties in the order in which jurors will be called; and (6) Failure to comply with the requirements of Local Rule 3.11(e)(4) and (5) may result in an order that the case be tried without the use of a written questionnaire. (Rule 3.11(e) revised effective 1/1/16) (Rule 3.11 revised effective 1/1/17) Rule 3.12. Jury Fees Jury fees shall be deposited and may be refunded as provided in Code of Civil Procedure Sections 631 and 631.3. A nonrefundable jury fee of $150.00 is due on or before the date scheduled for the initial case management conference in the action or at such other time as permitted by statute. No refund of the jury fees deposited shall be made unless the party making the deposit has given the Jury Commissioner written notice of settlement, of the granting of a motion for continuance, or of the waiving of a jury, at least two (2) court days before the date set for trial, or by Order of Court. (Rule 3.12 new effective 1/1/18) Rule 3.13. Reporting of Court Proceedings in Civil Fast Track Departments (1) Except as otherwise provided by Local Rule 2.53, official court reporters employed by the court are unavailable in the Unlimited/Limited Civil Fast Track Departments effective January 1, 2013 until further notice. Consult the Notice of Availability on the court’s website for current status and any changes. (Rule 3.13(1) revised effective 1/1/19) (2) Except as otherwise provided by Local Rule 2.53, any party who desires a verbatim record of the proceedings from which a transcript can later be prepared, may procure the services of an outside private certified court reporter pro tempore to report any scheduled hearing or trial (see Government Code section 70044 and California Rules of Court, Rule 2.956). (Rule 3.13(2) revised effective 1/1/19) (3) Parties electing to procure the services of an outside reporter must comply with Local Rule 2.52. (Rule 3.13(3) revised effective 1/1/19) (4) Pursuant to California Rules of Court, Rule 2.956(d), if a party arranges and pays for the attendance of a certified shorthand reporter at a hearing in a civil case because of the unavailability of the services of an official court reporter, none of the parties will be charged the reporter’s attendance fee provided for in Government Code Sections 68086(a)(1)(A) or (B). (5) If court reporters become available and in the court’s discretion are provided by the court for any civil hearings, or if a court reporter is provided pursuant to Local Rule 2.53, any party who has not been granted a fee waiver under Government Code section 68631 et seq. will be required to pay the applicable reporter attendance fee provided for in Government Code sections 68086(a)(1)(A) or (B). (Rule 3.13(5) revised effective 1/1/19) (6) Parties shall be responsible for all transcript costs pursuant to Government Code Section 69953. (Rule 3.13(6) revised effective 1/1/13) (7) For all proceedings less than thirty minutes in length, the Appellate Division elects to authorize the use of an official electronic recording, where available, as the record of the oral proceeding instead of obtaining a corrected statement on appeal from the judicial officer who presided over the proceeding before the Appellate Division, pursuant to California Rules of Court, Rule 8.835(c). (Rule 3.13(7) new effective 1/1/19) (Rule 3.13 revised effective 1/1/19) Rule 3.14. Unlawful Detainer Trial Setting (1) Within forty-five (45) calendar days from the filing of the complaint, unlawful detainer cases entitled to expedited handling shall be either adjudicated, or a memo to set trial or conditional settlement shall have been filed. This time limit may be stayed or extended by a judicial officer or commissioner for good cause shown. (2) If an unlawful detainer case entitled to expedited handling has not been adjudicated, or had a memo to set trial or conditional settlement filed within the 45-day period (or such extended time as may be set by a judicial officer or commissioner), an order to show cause re: sanctions or dismissal directed to the plaintiff shall issue. (3) In the event an order to show cause re: sanctions or dismissal is issued, any responsive papers to such order to show cause must be filed at least five (5) court days before the hearing date on the order to show cause. (4) When an unlawful detainer case is ready for trial, the plaintiff shall file a memo to set the case for trial, and shall use Judicial Council Form UD-150 for this purpose. (5) If the procedures set forth in this rule result in setting a trial date that is less than ten (10) court days after an answer is filed, the answering party may request a continuance of the trial date, and such a request may be granted. (Rule 3.14 revised effective 1/1/20) Rule 3.15. Relief Following Breach of a Settlement Agreement in Limited Jurisdiction Cases (a) Unlawful Detainer cases A settlement agreement may provide that, in the event of default, the non-defaulting party may seek additional relief from the Court by filing an ex parte application. If it does, then: (1) An ex parte application filed pursuant to this provision must comply with California Rules of Court, Rules 3.1201 through 3.1207, unless otherwise stipulated by the parties. (2) Such an application, except in emergency situations, will be heard in each department at times designated by the assigned judge or commissioner. (3) If a settlement agreement does not contain a provision as described in paragraph (a), then the non-defaulting party seeking additional relief must file a motion to obtain that relief. Applications for Orders Shortening Time will be viewed with presumptive favor in unlawful detainer cases seeking possession and other cases in which time is of the essence. (b) Non-Unlawful Detainer cases (1) A settlement agreement may provide that, in the event of default, the non-defaulting party may seek additional relief from the Court. However, the non-defaulting party will not be granted additional relief without notice to the defaulting party. (2) The proper form for seeking additional relief is a noticed motion. The parties may agree, in advance, to an Order Shortening Time for the hearing of such a motion, provided that (except in exceptional cases, for good cause shown) the time for noticing the motion shall not be less than ten (10) court days. (3) If the settlement agreement does not provide for shortened time, as described in paragraph (b)(2), then a party may file an ex parte application to have the motion heard on shortened time. Any such application must comply with the California Rules of Court, Rule 3.1200 . (4) If, at the time of the default, the defaulting party stipulates in writing to further relief, the Court will entertain an application for entry of an order upon stipulation without need for formal motion. Nothing in this rule shall preclude a party from seeking to enforce the terms of a settlement agreement (as opposed to seeking additional relief for breach) by an appropriate motion pursuant to Code of Civil Procedure Section 664.6 or other controlling authority. (Rule 3.15(b)(4) revised effective 1/1/05) (Rule 3.15 renumbered effective 1/1/18) Rule 3.16. Complex Litigation Cases (1) There shall be designated a Complex Civil Litigation Department to which cases covered by California Rules of Court, Rule 3.400 shall be assigned, unless otherwise ordered by the Court. (2) Counsel for plaintiffs shall use the most current form of civil cover sheet to indicate whether a matter is or is not deemed complex. Other parties may counter-designate at or before the time for the filing of a first appearance (see California Rules of Court, Rule 3.402). (Rule 3.16(2) revised effective 1/1/16) (3) Complex cases are subject to the procedures outlined on the Court’s website concerning Complex Litigation as well as the Court’s Electronic Case Filing Standing Order. See http://www.cc-courts.org/civil/complex-litigation.aspx. (Rule 3.16(3) new effective 7/1/20) (4) In making any determination whether a case is complex or noncomplex under California Rules of Court, Rule 3.402 or Rule 3.403, the Department making the determination may consider any other related or other case pending in this court that it may think relevant to the designation as complex or noncomplex. Whether or not any such case is deemed complex, the Department may also make any other orders that it deems conducive to effective administration and determination of any or all such cases, such as consolidating some or all of them, transferring some or all of them to a common Department, or deeming some or all of them related. (Rule 3.16(4) new effective 1/1/25) (5) If any hearing concerning whether a case is complex or noncomplex is held pursuant to California Rules of Court, Rule 3.402 or Rule 3.403, notice of such hearing shall also be given in any other such cases under consideration under Rule 3.16(4), and the attorneys or parties in such cases may participate therein. (Rule 3.16(5) new effective 1/1/25) (6) The determination (with or without hearing) as to whether a case is complex or noncomplex will be made by the Complex Civil Litigation Department. If any such case is assigned for all purposes to a different Department, the Complex Civil Department’s decision of such determination shall not constitute assignment of the case to that Department for all purposes. However, if the court determines that the case is complex, the case should forthwith be transferred for all purposes to the Complex Civil Litigation Department. (Rule 3.16(6) new effective 1/1/25) (7) In the event that the Judge assigned as the Complex Civil Litigation Department is disqualified from hearing a case for purposes of the determination called for in Rule 3.16(6), that determination shall be made by the Department to which the case is assigned for all purposes, as though no Complex Civil Department existed. (Rule 3.16(7) new effective 1/1/25) (Rule 3.16 revised effective 1/1/25) Rule 3.17. CEQA Claims The title of any pleading seeking relief under the California Environmental Quality Act, whether by petition or complaint, shall clearly identify that the matter is a CEQA action [e.g., “CEQA claim: Complaint for Damages”]. (Rule 3.17 renumbered effective 1/1/18) Rule 3.18. Conforming Copies The Superior Court Clerk will conform a maximum of two copies of any document at the time of filing. Additional copies will be provided by photocopying and the standard Superior Court Clerk fee for copies will be charged. (Rule 3.18 renumbered effective 1/1/18) Rule 3.19. Unlawful Detainer Process Unlawful Detainer cases are heard by qualified court commissioners. In the event a party chooses not to stipulate to the hearing of an unlawful detainer matter by a commissioner, the hearing shall be referred to the Supervising Judge of the division in which the matter is pending (Pittsburg, Richmond, or Martinez). The Supervising Judge may hear the matter or refer it to any other judge of this court. This does not affect the court’s authority, under Code of Civil Procedure section 259(b), to direct a commissioner to take proof and report findings therein as to any matter of fact upon which information is required by the court, where properly specified pursuant to section 259(b). (Rule 3.19, revised 1/1/24)
Title Three. Civil Rules Chapter 1. Administration of Civil Litigation Rule 3.1. Applicability Unless otherwise specified, this rule applies to all civil cases except Juvenile, Probate and Family Law cases, extraordinary writs, Asset Forfeiture cases under Health and Safety Code Section 11470 et seq., and Limited Jurisdiction Collections Cases under provisions of California Rules of Court, Rule 3.
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.