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Chapter 8 (Rules 8.1 to 8.6): the civil law and motion department designated by standing order, which also hears petitions for change of name, emancipation of minors, harassment petitions and applications for a guardian ad litem; a moving party's failure to appear; notice when a matter is dropped; one continuance by stipulation if the Court is informed at least five (5) days before the hearing; civil law and motion matters heard at 9:00 a.m. on Fridays and unlawful detainer actions at 3:30 p.m. on Mondays unless changed by standing order or order of the Court; and a separate family law and motion calendar (8.1); telephonic appearances under rule 3.670 (c) of the CRC through CourtCall, arranged not less than three (3) court days before the hearing at (888) 882-6878, and not generally allowed for contested summary judgment motions or settlement conferences unless approved in advance (8.2); judicial notice under Evidence Code sections 452 or 453 - copies to the Court and each party, and court files brought to the courtroom on arrangements at least three (3) days in advance (8.3); matters submitted without appearance, on notice at least three (3) days before the hearing, with proposed orders at least five (5) days before (8.4); late-filed papers and courtesy copies (8.5); and writs of review, mandate and prohibition - service under Code of Civil Procedure sections 1107 and 1088.5, motions and orders to show cause, alternative writs served at least five (5) days before the ex-parte hearing, pleadings, evidence confined to the administrative record in administrative mandate proceedings (section 1094.5), meeting and conferring before the first hearing, the scope of review and summary denial (8.6).
California > First Appellate District > Del Norte County > Superior Court of California, County of Del Norte
CHAPTER 8 – CIVIL LAW AND MOTION RULES RULE 8.1 CIVIL LAW AND MOTION DEPARTMENT (a) There shall be one department of the Court designated by standing order to hear civil law and motion proceedings. In addition to the matters defined in rule 303 of the CRC, the designated department shall also hear petitions for change of name, emancipation of minors, petitions regarding harassment, and applications for appointment of a guardian ad litem. (b) At the calling of the law and motion calendars as to any matter for which an appearance is required, a failure of the moving party to appear when called may, in the Court's discretion, cause the matter to be ordered off calendar or denial of the requested relief. (c) When a matter is to be dropped from the law and motion calendar, counsel for the moving party shall immediately notify the Judicial Assistant for the department hearing the matter. (d) By stipulation, the parties may continue a matter one (1) time only without the approval of the Court if the Court is informed at least five (5) days in advance of the hearing date. Except as herein expressly provided, no matter will be continued, even by stipulation of the parties, except with the approval by the Court for good cause shown. If good cause is shown to the satisfaction of the Court, the requesting party shall send a confirming letter via e-mail or U.S. Postal Service mail to the Judicial Assistant for the department hearing the matter and all other counsel. (e) Unless otherwise ordered by the Court, the time the Court will hear civil law and motion matters will be designated by standing order. Unless otherwise changed by standing order or order of the Court, all civil law and motion matters will be heard at 9:00 a.m. on Fridays. Unless otherwise changed by standing order or order of the Court, unlawful detainer actions will be heard at 3:30 p.m. on Mondays. (f) The Court may designate a separate law and motion calendar for family law cases. (Eff. 1/1/12) RULE 8.2 TELEPHONIC APPEARANCES (a) Telephonic appearances are generally authorized pursuant to rule 3.670 (c) of the CRC. (b) The Court designates CourtCall as the conference call provider to be used for telephonic appearances. Attorneys and parties wishing to appear by telephone are responsible for preparing, serving, and filing any required forms and paying a fee for each telephonic appearance. Prior arrangements, not less than three (3) court days prior to hearing date, should be made with CourtCall by calling the CourtCall at (888) 882-6878. (c) The Court reserves the right to reject any request to appear by telephone. Telephonic appearances may generally be made for appearances that do not involve the introduction of contested evidence including pre-trial conferences, status conferences, and motions. Telephonic appearances will not generally be allowed for contested summary judgment motions or for settlement conferences unless approved in advance by the Court. (d) Notwithstanding any other provision of this rule, the Court may at any time require the personal appearance of a party. (Eff. 1/1/12) RULE 8.3 JUDICIAL NOTICE AND REPORTS OF OTHER JURISDICTIONS A party requesting judicial notice of material under Evidence Code sections 452 or 453 shall provide the Court and each party with a copy of the material. If the material is part of a file in this Court, the party shall (a) state in writing the specific part of the Court file sought to be judicially noticed, including the name of the document and the date it was filed, and make a copy of it for the Court file; and (b) make arrangements with the Clerk of the Court to have the file in the courtroom at the time of the hearing. Ordinarily, such arrangements shall be made with the Clerk of the Court at least three (3) days in advance of the hearing; however, if the file is over five (5) years old, additional time may be required for an archive search and retrieval. (Eff. 1/1/12) RULE 8.4 GENERAL PROCEDURE FOR COURT ACTION WITHOUT APPEARANCE BY COUNSEL OR PETITIONER 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. The Court nonetheless reserves the right to require an appearance by counsel or the petitioner for matters which ordinarily would not require an appearance. Any party intending to submit a matter for action without appearance shall notify the Court and opposing counsel at least three (3) days prior to the hearing by separate pleading. All necessary papers, including declarations, must be filed or lodged with the Court by the date required by law. Proposed orders must be filed or lodged with the Court at least five (5) days before hearing. 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. 1/1/12) RULE 8.5 LATE-FILED PAPERS (a) All law and motion papers must be filed and served within the time limits set by statute or the CRC. The Court reserves the option of not considering late-filed papers. (b) When counsel or a party unavoidably must file papers late, a courtesy copy should be provided to the judge's judicial assistant, which, depending on the press of court business, may allow review prior to a hearing. Providing a courtesy copy does not ensure that the judge will review the late-filed papers. (Eff. 1/1/12) RULE 8.6 WRITS OF REVIEW, MANDATE, AND PROHIBITION (a) Service of Petition - Code of Civil Procedure section 1107 requires service of the verified petition before it is filed, and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest. The petition may be filed without a proof of service, but no action (other than summary denial) can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and local rule 8.7(e) below. (b) Manner of Service - A petition must be served in the same manner as a summons and complaint. (c) Persons to be Served - Where the respondent or real party in interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission. (d) Orders to Show Cause and Motions 1. Motions - The hearing on a petition is the trial of the case. It may be set by noticed motion in the manner generally governing motions. Absent a need to appear ex-parte for a stay or other temporary order, use of the motion procedure is preferred. 2. Order to Show Cause - The hearing on a petition may be set by order to show cause but this is rarely done. (e) Alternative Writs 1. Prior Service of Application - Absent a showing of good cause or waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex-parte hearing. 2. Briefing Schedule and Hearing Date - Issuance of the alternative writ places the matter on the Court's calendar for hearing; it does not, in and of itself, accomplish a stay or afford any affirmative relief. It may issue without notice but not without compliance with proper ex-parte notification. If issued, it must be served in the same manner as a summons in a civil action unless the Court orders otherwise. A briefing schedule will be set by the Court at the time the alternative writ is issued. (f) Pleadings - The rules of practice governing civil actions are generally applicable. The Court requires a clear and concise statement of facts to accompany any petition for writ of mandate. (g) Evidence and Procedure 1. Evidence - In administrative mandate proceedings, the evidence before the Court is confined to the administrative record, unless the exception in subdivision (e) of Code of Civil Procedure section 1094.5 applies and a declaration establishes the application of that exception. In other kinds of writ proceedings, evidence is presented by way of declarations and deposition testimony and not by oral testimony unless the Court, in its discretion, permits oral testimony. Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the Court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete. 2. Procedure - Prior to the first hearing in an administrative mandamus proceeding, parties and counsel are ordered to meet and confer on whether stipulations can be presented to the Court on the following issues: standard of review, who has the burden of proof, whether additional evidence may be allowed and whether the record is complete. The Court at the first hearing may require the attorneys to organize the administrative record and create an index. The Court may require that each party present proposed findings in print and electronic format prior to taking the matter under submission. (h) Scope of Review - The scope of the Court's review depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition to the issuance of the writ. (i) Summary Denial - Petitions that are defective, incomplete, lack adequate supporting documentation, fail to state a prima facie claim for relief, or fall outside the scope of the Court's jurisdiction may be summarily denied. Abuse of the writ process may subject the petitioner to appropriate sanctions. (Eff. 1/1/12)
CHAPTER 8 – CIVIL LAW AND MOTION RULES RULE 8.1 CIVIL LAW AND MOTION DEPARTMENT (a) There shall be one department of the Court designated by standing order to hear civil law and motion proceedings. In addition to the matters defined in rule 303 of the CRC, the designated department shall also hear petitions for change of name, emancipation of minors, petitions regarding harassment, and application
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 24 to 27) 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 8.6(a) refers to "local rule 8.7(e) below" - the alternative writ rule is 8.6(e), and the chapter has no Rule 8.7. Rule 8.1(e)'s times (civil law and motion matters at 9:00 a.m. on Fridays, unlawful detainer actions at 3:30 p.m. on Mondays, unless changed by standing order) differ from the 2026 department schedule (held), which prints civil law and motion at 10:00 AM on Fridays in Department 1 and unlawful detainers and small claims at 2:00 PM on Fridays in Department 2; the latest posted calendar order, Standing Order 24-001 (held), adopts the 2024 calendar - the schedule review task asks which governs. Rule 8.2 designates CourtCall for telephonic appearances; the General Information page (held) says CourtCall is "available for remote appearances with prior approval from the Court" under California Rule of Court 3.672 - a review task.
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.