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Chapter 12 (Rules 12.1 to 12.6): time to file the affidavit of publication before the hearing (12.1); matters submitted without appearance - notice at least three (3) court days before the hearing, and papers and proposed orders filed or lodged at least five (5) court days before (12.2); a proposed form of order lodged with every verified petition (12.3); court investigators in probate - local form DN-100 required in probate guardianship cases, no peremptory challenges, withdrawal, interviews of children, the confidential report, grievances by noticed motion or objection, fees and costs paid to the Clerk's Office, and cross-examination (12.4); the statutory bond of a nonresident personal representative who requests independent powers (12.5); and the list of attorneys qualified for court appointment under Probate Code section 1456 and rule 7.1101 of the CRC - form GC-010, and reports before the end of March of each year (12.6).
California > First Appellate District > Del Norte County > Superior Court of California, County of Del Norte
CHAPTER 12 – PROBATE COURT RULES RULE 12.1 PROBATE CALENDAR In noticing petitions for probate of wills and other matters where publication is required, the party shall allow sufficient time to file the affidavit of publication prior to the date of hearing or trial. (Eff. 10/15/90) (Rev. 1/1/12) RULE 12.2 SUBMISSION OF MATTER WITHOUT APPEARANCE BY COUNSEL A matter that by law may be determined by declaration, affidavit or verified pleading and without testimony, except petitions for confirmation of sale of real property or personal property, may ordinarily be submitted for appropriate action by the Court without appearance by counsel or the petitioner. Any party intending to submit a matter for action without appearance shall notify the Court at least three (3) court days prior to the hearing by separate pleading. All necessary papers, including declarations and proposed orders, must be filed or lodged with the Court by the date required by law or at least five (5) court days before hearing on the probate calendar. Before denying any petition where appearance is not made under this local rule, the Court in its discretion may continue the matter to provide counsel or the petitioner an opportunity to appear. (Eff. 10/15/90) (Rev. 1/1/12) RULE 12.3 LODGING OF PROPOSED ORDERS A proposed form of order shall be lodged with the Court at the time any verified petition in probate is filed. Failure to provide a proposed form of order may, in the Court’s discretion, cause the matter to be ordered off calendar or continued to another date. (Eff. 10/15/90) (Rev. 1/1/12) RULE 12.4 APPOINTMENT OF COURT INVESTIGATOR (a) Applicability: The Court will appoint an investigator in any probate proceeding as required by law and may do so as otherwise authorized by law. (b) Order Appointing Court Investigator in Probate Guardianship Cases - Unless otherwise ordered by the Court, the Court requires the use of local form DN-100, Order Appointing Court Investigator, for the appointment of a court investigator in any probate guardianship case. (c) Challenges: The Court does not allow peremptory challenges for court-appointed investigators. (d) Withdrawal: A court-appointed investigator may withdraw from a case upon filing a petition showing good cause. The Court will make the findings after consideration of (i) the petition, (ii) the best interests of the parties, and (iii) other relevant factors as determined by the Court. (e) Contact Between Court-Appointed Investigator and Minor Child(ren): The Court considers and generally relies on the opinion and judgment of the court-appointed investigator in making determinations as to whether children will be interviewed. The court-appointed investigator will justify his or her determination(s) in each case, and will determine under what circumstances the interviews will take place. Except in extraordinary circumstances, including potentially dangerous situations for minor child(ren), minor children will be informed that the information they provide may not remain confidential. (f) Investigation Report: The court will specify the date on which the court appointed investigator must file his or her report. The written report will be distributed to the Court, parties, and counsel in accordance with the Court's order, and will remain confidential and unavailable to all other persons unless otherwise ordered by the Court. No person who has access to such a report may make copies of the report or disclose its contents to any child(ren) whether or not a party to the action. (g) Grievance Process: (1) Procedure: All grievances in connection with a court-appointed investigator must be presented to the Court by noticed motion or objection. A written declaration signed under penalty of perjury and addressed to the judge presiding over the proceeding must be included in the motion or objection. The declaration must state specifically what alleged issue(s) is the basis for the grievance and what remedy is requested. (2) Determination: Upon receipt of a grievance, the judge will review it and solicit a response to the alleged grievance from the court-appointed investigator. The judge will make a determination within a reasonable period of time and then notify all parties in writing of his or her decision. The grievance and the judge’s findings will be maintained as a confidential record, and not as part of the file, for a period of one (1) year. No one will be permitted to inspect the grievance or findings of the judge without prior Court order. (h) Court Rules Regarding Court-Appointed Investigations: When the Court orders an investigation, the Court will provide a copy of this local rule to each party. (i) Payment of Investigator’s Fees and Costs: When the Court orders an investigation, the Court will also order the payment of associated fees and costs. Unless otherwise ordered, the party or parties must pay the fees and costs directly to the Clerk's Office. (i) Cross-Examination of Investigators: It is the policy of this Court to develop policies and procedures for expeditious and cost-effective cross-examinations of court-appointed investigators when necessary. As necessary, the Court will determine, on a case-by-case basis, whether video and/or telephone conferences or examinations may be used in conducting a cross-examination of a court-appointed investigator. All parties must schedule such appearances as directed by the Court or as otherwise provided by local rule, statute, or CRC. (Eff. 1/1/12) RULE 12.5 NONRESIDENT PERSONAL REPRESENTATIVE TO FURNISH BOND Notwithstanding a waiver of bond by operation of law, or contained in a will, every nonresident of the State of California who is not a sole heir or devisee and who requests independent powers, shall furnish the required statutory bond as a condition of his or her appointment as personal representative, unless a waiver of bond is filed by all of the heirs or devisees of the decedent’s estate or bond is otherwise waived by the Court for good cause. (Eff. 1/1/12) RULE 12.6 CERTIFICATION REQUIREMENTS FOR COURT-APPOINTED COUNSEL The Clerk of the Court shall maintain a list of attorneys who meet the qualifications for Court appointment in probate proceedings pursuant to Probate Code section 1456 and rule 7.1101 of the CRC. (a) Initial Certification of Qualification Any attorney who would like to be eligible for Court appointments in probate proceedings shall certify his or her qualifications by completing and providing a Certification of Attorney Concerning Qualification for Court Appointment in Conservatorships or Guardianships (form GC-010) to the Clerk of the Court for review. If the attorney meets all of the qualifications, the attorney’s name shall be placed on the Court’s list of attorneys eligible for Court appointment in probate proceedings. (b) Annual Post-Qualification Reporting and Certification In order to maintain eligibility for Court appointments in probate proceedings, an attorney must immediately advise the Court of the imposition of any State Bar discipline. Before the end of March of each year after initial certification, an attorney must report any change in his or her qualifications for Court appointment in probate proceedings and whether the attorney has completed continuing education requirements under rule 7.1101 of the CRC. (Eff. 1/1/12)
CHAPTER 12 – PROBATE COURT RULES RULE 12.1 PROBATE CALENDAR In noticing petitions for probate of wills and other matters where publication is required, the party shall allow sufficient time to file the affidavit of publication prior to the date of hearing or trial. (Eff. 10/15/90) (Rev. 1/1/12) RULE 12.2 SUBMISSION OF MATTER WITHOUT APPEARANCE BY COUNSEL A matter that by law may be determined by d
Reviewer note: Composed 2026-10-10 (California T4 Del Norte build 2026-10-10) from BenchPath custody ca/t4/ca-del-norte/docs/del-norte-final-rules-nov-2011.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF DEL NORTE LOCAL RULES OF COURT Effective: January 1, 2012”, as fetched 2026-10-10; 780574 bytes, sha256 64220b502f35de539aa38695b3449422d9f2a2fc10c75bc50a2a117569b8bdb8; 66 pages; this chapter PDF pages 46 to 48) with the shared verbatim composer (v2 reflow): each of the seventeen chapters composed from its own pages (PDF pages 6 to 55, printed 1 to 50; each chapter begins at the top of a new page), from its heading (“CHAPTER 1 - GENERAL RULES” to “CHAPTER 17 – MISCELLANEOUS”) to its last rule's history note: each page's running header (“Superior Court of California, County of Del Norte”) and its page number removed as chrome; lines reflowed into the rules' paragraphs, each rule's label and title (“RULE 1.1 APPLICATION OF LOCAL RULES”) set as one line, as printed on one row; the strike report finds one struck run on the 66 pages, a single space on page 57, a blank local form of Appendix A (review/strike-report-2026-10-10.txt); 1 whitespace-only fix (build/book-fixes.json: Rule 10.4's reference “subdivision (f) of this rule” rejoined where the composition set its subdivision letter on a new line) and no same-character fix; the vertical-gap and short-line audits find no join, and the page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py) list candidates read one by one - headings and list items set as printed, Rule 3.3's timeline labels set with their rows and the rule labels set beside their titles - none needing a fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Appendix A (the local forms) and the index belong to no card. Review note: Carried as printed: Rule 12.4 labels two subdivisions (i) - the payment of fees and costs, and cross-examination.
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.