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Chapter 7 (Rules 7.00.00 to 7.16.00): the civil rules apply to all civil cases, including general civil, family, juvenile, and probate cases, unless otherwise provided by statute, or rule (7.01.00); remote proceedings under Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672 - the Court's discretion to require an in-person appearance, for a proceeding other than an evidentiary hearing or trial set with at least three (3) court days' notice the Notice of Remote Appearance (Judicial Council form RA-010) filed and served at least two (2) court days prior to the hearing date, for less notice, including Ex Parte applications, no later than 2:00 p.m. on the court day before the proceeding, no notice required prior to a Case Management Conference, for an evidentiary hearing or trial form RA-010 with notice received at least 10 court days before the proceeding, or at least two (2) court days before where it is set with less than 15 court days' notice, an opposition on form RA-015 with a proposed order on form RA-020 at least five (5) court days prior to the hearing or trial date, in juvenile dependency a Request to Appear Remotely (form RA-025) filed and served at least three (3) court days prior to the hearing date and a request to compel physical presence (form RA-030) no later than two (2) court days prior, waiver of notice by stipulation, the vendors or platforms on the Court's website, remote appearance fees under rule 3.672 and Government Code section 70630, parties with a fee waiver not charged (7.02.00); absent a showing of good cause, the party responsible for a cancellation or continuance with less than 48 hours' notice responsible for payment of any interpreter fees incurred (7.03.00); eFiling mandatory in Adoptions, Civil, Family Law, Family Support, Probate, and Small Claims for all represented parties and justice partners and not permitted in other case types, self-represented parties exempt, documents received electronically between 12:00 a.m. and 11:59 p.m. on any court day deemed filed that same day, no filings by email or fax, eFilings submitted through an authorized Electronic Filing Service Provider (EFSP) in PDF format, text searchable, documents of 10 pages or more with multiple exhibits or sections bookmarked, the documents excluded from eFiling, an attorney's request for exemption on Judicial Council form EFS-007 and form EFS-008 by showing undue hardship or significant prejudice (7.08.00); the law and motion rules supplement the Uniform Law and Motion Rules (7.10.01); law and motion calendar dates assigned by the clerk upon the filing of the papers, a failure to timely serve and file opposition papers that may be deemed a waiver of any objections and treated as an admission that the motion is meritorious, each exhibit attached to a declaration, separately tabbed and identified numerically, an index to exhibits if there are five or more, an English translation certified under oath for exhibits written in a foreign language, a copy of a cited administrative regulation, decision or opinion of the attorney general attached (7.10.02); the tentative ruling system for the law and motion calendars of both the Western Slope and South Lake Tahoe Branches - tentative rulings posted on the court's website by no later than 2:00 p.m. on the court day preceding the date the matter is set, and by telephone at (530) 621-6551 or (530) 573-3042, the tentative ruling the final order of the court if no notice of intent to appear and request oral argument is received from any party by 4:00 p.m. on the day the tentative ruling is issued, transmitted electronically through the court's website or via telephone call and made to all parties, oral argument on the law and motion calendar on the court day following, the statement required in all notices of motion (7.10.05); no more than 15 minutes for argument (7.10.06); defaults and uncontested matters set only when all pleadings and documents are on file, evidence in written form and an evidentiary declaration from the plaintiff in all cases of default, the schedule of attorney's fees on promissory notes and contracts - 25% of the first $1,000 to 2% of the amount over $50,000 (7.10.07); judicial arbitration upon stipulation or election of the plaintiff if the matter in controversy is less than $50,000 (7.10.09); ex parte applications - the moving papers filed no later than 2:00 p.m. the court day preceding, a declaration or Local Form M-1 that notice was given to all parties no later than 10:00 a.m. the court day prior, a declaration showing irreparable harm, immediate danger, or other good cause, a Memorandum of Points and Authorities and a proposed order, moving papers on an order shortening time served at least two court days prior to the hearing, a stay of execution only from the trial judge who entered the judgment, a declaration on a subsequent application after a previous application has been denied (7.10.10); a petition to compromise the claim of a minor or incompetent person - the matters it shall contain, the deposit order and the presence of the petitioner and the minor or incompetent person (7.10.12); exhibits in a civil proceeding - the policy, exhibits individually tagged, the exhibits not received, custody until the final determination or dismissal, exhibits destroyed, disposed of or returned 60 days after the expiration of the time for filing a notice of appeal, viewing only by the attorneys of record and Court personnel (7.11.01 to 7.11.04); the case management rules apply to all general civil cases, probate, guardianship, conservatorship, family law, juvenile court proceedings, collection cases, unlawful detainers and cases which are the subject of a petition for coordination excluded (7.12.01); upon filing the complaint, the clerk to assign a subject case to a single judge for all purposes (7.12.03); the parties to object within 30 days after notice of the delegation of pretrial management to a temporary judge (7.12.04); upon filing the complaint, the clerk to deliver to the plaintiff the case management documents - the Notice of Case Management Conference, a blank Case Management Statement (form CM-110) and the Notice to Litigants (Local Form C-13) (7.12.05); uninsured motorist cases - the plaintiff's declaration no later than the first case management conference, the designation suspends the time requirements of these rules for 180 days (7.12.09); the case management conference within 120 days, but not less than 90 days, after the complaint is filed, within 45 days after the order of transfer where a responsive pleading has been filed, the case management statement filed and served at least 15 calendar days prior, the plaintiff and each party or counsel to attend, who may appear remotely, the pretrial orders made at the conference, a Dispute Resolution Conference (DRC) within 60 days unless the parties agree to another form of ADR, the DRC temporary judge assigned within 7 to 10 days after the conference, each party's dispute resolution conference statement at least five (5) court days prior to the DRC, the special procedures for personal injury, building and construction and business/partnership dissolution and accounting cases (7.12.10); the Mandatory Settlement Conference approximately one to two months prior to the trial date, trial counsel, the parties and all persons whose consent is necessary for a settlement to attend in person, each party to lodge its written statement no later than five court days before the conference, a settled case dismissed within 45 days (7.12.11); the Issues Conference approximately two weeks before the trial date - the Issues Conference Statement and, for a jury trial, a Statement of the Case and proposed voir dire submitted jointly at least three court days before, the joint jury instructions, exhibits and exhibit list at the conference, motions in limine heard at the Issues Conference, filed and served no later than three weeks prior, oppositions two weeks and replies one week prior (7.12.12); sanctions for the failure to comply with these rules (7.12.13); attorney fees in a residential Unlawful Detainer - $600 on a default judgment, $900 where an answer requires a trial and the matter is uncontested, and $1,000 if contested at trial (7.13.00); actions under the California Environmental Quality Act - filed in the civil section of the clerk's office and assigned for all purposes to a judge designated by the presiding judge, a record status conference requested at filing within 30 days, the request for preparation of the administrative record personally served within 10 business days after the action is filed, the notice inviting mediation within five days after the deadline for the response, the preparation, format and certification of the record, lodged no later than 60 days after the request, disputes on noticed motion, the settlement meeting and a trial notebook filed no later than 15 days prior to the hearing (7.16.00).
7.00.00 CIVIL PROCEEDINGS (Effective January 1, 1994) 7.01.00 APPLICATION OF RULES The civil rules apply to all civil cases, including general civil, family, juvenile, and probate cases, unless otherwise provided by statute, or rule in the California Rules of Court or the Local Rules of the El Dorado County Superior Court. (Effective July 1, 2014) 7.02.00 REMOTE PROCEEDINGS Pursuant to Code of Civ
Reviewer note: Composed 2026-10-10 (California T4 El Dorado build 2026-10-10) from BenchPath custody ca/t4/ca-el-dorado/docs/local-rules/local-rules.pdf (the court's rule book, its cover “Local Rules Revision: January 1, 2026” and its second page “LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF EL DORADO Effective January 1, 2026”, as fetched 2026-10-10; 1813135 bytes, sha256 aba154e6450f0a7487a2f0a96e9da05110a8ab495e94410b87f54b88cfd6dd7a; 186 pages; this chapter PDF pages 39 to 70) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 11 to 147, printed 1 to 137) composed as one text, from “1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT” to the last history note of Chapter 12, and cut at the twelve chapter headings, each matched once as a whole line (a chapter may begin mid-page: Chapters 6 and 7 both begin on PDF page 39); each page's running header (“LOCAL RULES – SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO”) and its two footer lines (the printed page number and “Revised January 1, 2026”) removed as chrome (411 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.00.08 LOCATION FOR FILING AND COURT SESSIONS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 8 whitespace-only fixes (build/book-fixes.json: four cross-references the reflow broke before a label or a rule number - Rules 2.00.07, 2.01.00, 10.09.02 and 11.00.13 - joined; Rule 7.16.00's heading and a sentence of Rule 11.00.19 that a “SECTION” line start split, joined; Rule 2.01.00's two complaint addresses set line by line as printed) and 1 same-character fix (build/book-captions.json: the header row of Rule 8.19.02's debts table set cell by cell); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the effective-date page, the table of contents, the List of Effective/Revised Dates, the Alphabetical Index of Rules and the lists of local forms (PDF pages 1 to 10 and 148 to 186) belong to no card. Review note: The court's home page (held) says “Civil and probate tentative rulings are posted after 2:00 p.m. on the day before the hearing date”; Rule 7.10.05(A)(1) posts them “by no later than 2:00 p.m. on the court day preceding” the hearing (and Rule 10.00.01(B)(4) on the court day preceding) (a review task). Carried as printed: Rule 7.12.12(C)(2)'s “the Curt may specially set a hearing”.
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.
California > Third Appellate District > El Dorado County > Superior Court of California, County of El Dorado
7.00.00 CIVIL PROCEEDINGS (Effective January 1, 1994) 7.01.00 APPLICATION OF RULES The civil rules apply to all civil cases, including general civil, family, juvenile, and probate cases, unless otherwise provided by statute, or rule in the California Rules of Court or the Local Rules of the El Dorado County Superior Court. (Effective July 1, 2014) 7.02.00 REMOTE PROCEEDINGS Pursuant to Code of Civil Procedure section 367.75 and California Rules of Court (“CRC”), rule 3.672, remote appearances may be authorized at the discretion of the court. This rule applies to all civil cases, except as set forth in Code of Civil Procedure section367.75, subdivision (a)(2). A “civil case” is as defined in CRC, rule 1.6(3), and includes all cases except criminal cases and petitions for habeas corpus, other than petitions for habeas corpus under the Lanterman-Petris-Short Act (Welf. & Inst. Code section 5000, et seq.), which are governed by this rule. “Remote technology” means technology that provides for the transmission of video and audio signals or audio signals alone, including a computer, tablet, telephone, cellphone, or other electronic or communications device. A. COURT DISCRETION TO REQUIRE IN-PERSON APPEARANCE (1) Except as otherwise required by law, the Court may require a party or witness to appear in person at a proceeding in any of the following circumstances: (a) If the Court determines on a hearing-by-hearing basis that an in-person appearance would materially assist in the determination of the proceeding or in the effective management or resolution of the case. (b) If the Court does not have the technology to conduct the proceeding remotely, or if the quality of the technology prevents the effective management or resolution of the proceeding. (c) Although the Court has the requisite technology, the quality of the technology or audibility at the proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the proceeding, or prevents an attorney from being able to provide effective representation to a client, or inhibits a court interpreter’s ability to provide language access to a court user or authorized individual. (d) If, at any time during a remote proceeding, the Court determines that an in-person appearance is necessary, the Court may continue the matter and require such an appearance. Such determination may be based on the factors listed in Code of Civil Procedure section 367.75(b). (2) Notwithstanding subdivision (A)(1)(a), an expert witness may appear remotely absent good cause to compel in-person testimony. B. REMOTE PROCEEDINGS OTHER THAN AN EVIDENTIARY HEARING OR TRIAL (1) Required Notice and Notice Process (a) For matters set with at least three (3) court days’ notice, the requesting party must file and serve Notice of Remote Appearance (Judicial Council form RA-010) at least two (2) court days prior to the hearing date of the proceeding. Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least two (2) court days before the proceeding. This notice process does not apply to Case Management Conferences (“CMC”) or Ex Parte proceedings. (b) For matters set with less than three (3) court days’ notice, including Ex Parte applications, the requesting party must file and serve form RA-010 no later than 2:00 p.m. on the court day before the proceeding. Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received no later than 2:00 p.m. on the court day before the proceeding. (c) CMCs are currently conducted remotely. The parties are not required to file a notice to appear remotely prior to a CMC. This rule does not limit the right of a party to appear in person at a CMC. (d) If the requesting party intends to appear remotely throughout the case, the requesting party only needs to file form RA-010 once (check item 2a). However, if any party appears in the case after this notice has been given, form RA-010 must be served on that party. Service may be by any means authorized by law. C. REMOTE PROCEEDINGS FOR AN EVIDENTIARY HEARING OR TRIAL An “evidentiary hearing or trial” is any proceeding at which oral testimony may be provided, including small claims, unlawful detainers, civil harassment restraining order hearings, domestic violence restraining order hearings, and gun violence restraining order hearings. (CRC, rule 3.672(c)(2).) (1) Required Notice and Notice Process (a) For matters set with at least 15 court days’ notice, the requesting party must file and serve Notice of Remote Appearance (Judicial Council form RA-010). Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least 10 court days before the proceeding. (b) For matters set with less than 15 court days’ notice, the requesting party must file and serve Notice of Remote Appearance (Judicial Council form RA-010). Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least two (2) court days before the proceeding. (c) In response to receiving from a party or witness a notice of a remote proceeding for an evidentiary hearing or trial, other parties in the action may oppose the remote appearance by serving and filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (Judicial Council form RA-015). The opposition must be accompanied by a proposed order. The party opposing the remote appearance may use Order Regarding Remote Appearance (Judicial Council form RA-020). The opposition must be filed and served on all parties or other persons entitled to receive notice of the proceedings at least five (5) court days prior to the hearing or trial date, unless the hearing is set with less than 15 days’ notice, in which case the opposition must be filed and served by 12:00 p.m. on the court day preceding the hearing or trial. (d) In determining whether to conduct an evidentiary hearing or trial, in whole or in part, through the use of remote technology over opposition, the Court must consider the factors in Code of Civil Procedure section 367.75(b) and (f), and any limited access to technology or transportation asserted by a party. The Court may not require a party to appear through remote technology for an evidentiary hearing or trial. D. REMOTE PROCEEDINGS IN JUVENILE DEPENDENCY (1) General Provisions (a) This subdivision does not apply to juvenile justice proceedings. (b) The definitions of CRC, rule 3.672(c) apply, except that, for purposes of this subdivision, a “party” is any of the following persons and that person’s counsel: (i) A child or nonminor dependent subject to the proceeding. (ii) Any parent, Indian custodian, or guardian of a child subject to the proceeding. (iii) The social worker who filed the petition to commence the juvenile dependency proceedings on behalf of the county child welfare department. (iv) The tribe of an Indian child subject to the proceeding if the tribe has intervened. (v) A de facto parent of a child subject to the proceeding to whom the Court has granted party status. (2) Conducting a Remote Proceeding Any juvenile dependency proceeding may be conducted, in whole or in part, through the use of remote technology, as long as the following conditions are met: (a) Any party or person authorized to be present at the proceeding may request to appear remotely. (b) The Court may not require any party to appear remotely. (c) All statutory confidentiality requirements applicable to a juvenile dependency proceeding held in person apply equally to a remote proceeding. (3) Required Notice and Request Process (a) Any person entitled under CRC, rule 5.530(b) or authorized by court order to be present at a proceeding may request to appear remotely by filing and serving Request to Appear Remotely–Juvenile Dependency (Judicial Council form RA-025) with the court at least three (3) court days prior to the hearing date of the proceeding. Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least three (3) court days before the proceeding. (b) Any party may ask the Court to compel the physical presence of a party or witness by filing the request in writing with the Court and serving a copy of the request on each party by any means authorized by law reasonably calculated to ensure receipt no later than two (2) court days prior to the proceeding. The party opposing the remote appearance may use Request to Compel Physical Presence–Juvenile Dependency (Judicial Council form RA-030). (4) Determination of Request (a) A witness must appear in person unless all parties to the proceeding have consented to the witness’s remote appearance. (b) The Court may require any person to appear in person if the Court determines that: (i) One or more of the factors listed in Code of Civil Procedure section 367.75(b) or (f) or in this rule, including the person’s limited access to technology, requires the person’s physical presence; or (ii) The Court cannot ensure that the person’s remote appearance will have the privacy and security necessary to preserve the confidentiality of the proceeding; or (iii) A remote appearance by the person is likely to cause undue prejudice to a party. (c) A parent, child, nonminor dependent, or Indian tribe as defined in Welfare and Institutions Code section 224.1, may utilize remote technology for the appearance of an expert witness without the consent of all parties. (d) The Court must consider a person’s limited access to technology as well as the person’s access to transportation. E. WAIVER OF NOTICE At any time during a case, all parties to an action may stipulate to waive notice of any other participant’s remote appearance. This stipulation may be made orally during a proceeding or in writing filed with the Court. F. OTHER RULES REGARDING NOTICE (1) Any party may choose to appear in person, even if the party gave notice of the intent to appear remotely or was authorized to appear remotely. (2) Notwithstanding the other provisions of this rule, a party may ask the Court for leave to appear remotely without the notice provided for under subdivisions B, C and D. The Court may permit the party to appear remotely upon a finding of good cause, unforeseen circumstances, or that the remote appearance would promote access to justice. G. VENDORS OR PLATFORMS A list of the vendors or platforms that must be used for remote appearances are located on the Court’s website at www.eldorado.courts.ca.gov/remote-appearances. H. REMOTE APPEARANCE FEES (1) Fees for each telephonic appearance in civil cases are charged pursuant to CRC, rule 3.670(k). Fees for each videoconference appearance will be charged pursuant to CRC, rule 3.72, and Government Code section 70630, and will not exceed the total fee charged for telephonic appearances. (2) Parties who, by statute, are not charged filing fees or fees for court services may not be charged a remote appearance fee under Government Code section 70630. (CRC, rule 3.672(k)(1).) (3) Parties with a fee waiver shall not be charged fees for remote appearances. To obtain remote appearance services without payment of a fee, the party must advise the vendor or the Court that they have received a fee waiver from the Court. If a vendor requests, the party must transmit a copy of the order granting the fee waiver to the vendor. (Revised July 1, 2025) 7.03.00 INTERPRETER FEES FOR LATE CANCELLATIONS OR CONTINUANCES If a party requested an interpreter for a hearing, and the hearing is canceled or continued with less than 48 hours’ notice, the Court system incurs a cost for canceling or rescheduling the interpreter’s appearance. Accordingly, absent a showing of good cause, the party responsible for the untimely cancellation or continuance shall be responsible for payment of any interpreter fees incurred as a result of the cancellation or continuance, as well as for any costs associated with rescheduling an interpreter. A party shall not be responsible for costs incurred where the cancellation or continuance is due to the Tentative Ruling calendar. The responsible party shall submit to the Court, in writing, or orally in the Court’s discretion, the good cause basis as to why the party should not be responsible for payment of the costs for the cancellation or continuance. (Revised July 1, 2025) 7.04.00 – 7.07.00 RESERVED FOR FUTURE USE (Revised January 1, 2024) 7.08.00 ELECTRONIC SUBMISSION OF FILINGS A. Use of Electronic Filing (eFiling) is mandatory in Adoptions, Civil, Family Law, Family Support, Probate, and Small Claims pursuant to Code of Civil Procedures section 1010.6(g) and CRC, rule 2.253(b) for all represented parties and justice partners. eFiling is not permitted in other case types. Self-represented parties, as defined in CRC, rule 2.250(b)(10), are exempt from mandatory eFiling. B. Any documents received electronically by the Court between 12:00 a.m. and 11:59 p.m. on any court day, are deemed filed that same day. Any documents received electronically on a non-court day (i.e., weekend or holiday) are deemed filed on the next court day. C. Filings will not be accepted by this Court through any other electronic methods (i.e., email or fax). D. eFilings must be submitted through an authorized Electronic Filing Service Provider (EFSP). Each EFSP may charge a transaction fee. EFSP fees are waived for parties with an active fee waiver and government entities. A list of authorized EFSPs is maintained on the Court’s website. E. Justice partners may eFile using an EFSP or court interface. F. Documents submitted through eFiling must be in PDF Format, text searchable, and viewable on any standard PDF viewer. (1) All documents equal to or exceeding 10 pages and containing multiple exhibits or sections must be bookmarked with the title of the corresponding exhibit or section. (2) All documents submitted electronically must include page numbers. G. The following documents are excluded from eFiling and must be submitted in paper format: (1) Original will and codicil (2) Bonds/undertaking (3) Exhibits to be lodged for hearings or trials. (4) Subpoenaed documents (5) Copy requests (6) CARE Act Filings (7) Any document ordered by The Court to be submitted in paper format. H. Any attorney representing a party may request to be excused from mandatory eFiling and service by showing undue hardship or significant prejudice. An attorney requesting exemption shall file a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council form EFS-007) and Order of Exemption from Electronic Filing and Service (Judicial Council form EFS-008). An attorney who requests an exemption shall be served with documents in paper form until the Court rules on the request. Undue hardship or significant prejudice does not include the inability to pay fees for eFiling. Self-represented parties, non-parties, and attorneys excused from eFiling must be served as required by statute or rule of court. (Revised January 1, 2026) 7.09.00 RESERVED FOR FUTURE USE (Revised January 1, 2024) 7.09.01 RESERVED FOR FUTURE USE (Revised January 1, 2024) 7.10.00 LAW AND MOTION CALENDAR (Revised July 1, 2025) 7.10.01 SCOPE OF LAW AND MOTION RULES These rules supplement the Uniform Law and Motion Rules set forth in the California Rules of Court, Title 3, Division 11, and orders and proceedings thereon. (Revised January 1, 2007) 7.10.02 MOTIONS: IN GENERAL A. All civil law and motion calendar dates will be assigned by the clerk upon the filing of the appropriate papers. Civil law and motion matters will be heard at a time set by the Court. B. Failure to timely serve and file opposition papers may be deemed, in the Court’s discretion, as a waiver of any objections and may be treated as an admission that the motion or other application is meritorious. The Court, in its discretion, may also grant the motion. In that case, a party desiring to further oppose the motion will be required to bring a properly noticed motion for reconsideration, motion for new trial, or other appropriate motion, and comply with any specific requirements of the motion so brought. C. Failure to timely serve and file a paper or file a proof of service may, in the Court’s discretion, constitute a sufficient basis for denial of the motion or application or to disregard the untimely filed document. This subsection is not intended to limit the Court’s authority to exercise discretion in any other appropriate manner, including, but not limited to, the granting of continuances or the imposition of sanctions. D. Papers and materials lodged with the clerk shall be accompanied by an addressed return envelope with sufficient postage. E. Each exhibit submitted in support of or in opposition to a motion or other application must be identified as an exhibit, attached to a declaration, and made a part thereof by reference. All exhibits submitted in support of or in opposition to a motion shall be separately tabbed and identified numerically by the parties. All references to an exhibit in the memorandum of points and authorities shall identify the exhibit referred to and state the page and line numbers of the exhibit to which reference is made. F. An index to exhibits shall be provided if there are five or more exhibits. Exhibits written in a foreign language shall be accompanied by an English translation, certified under oath by a qualified interpreter. G. If a California administrative regulation, administrative decision, or opinion of the attorney general is relied upon and cited, a copy of that authority shall be attached to the memorandum. H. Unless a statute authorizes a declaration on information and belief, a declaration shall set forth statements of evidentiary facts to which the declarant could testify if called as a witness and shall include a declaration by the declarant under penalty of perjury to that fact. If a statute authorizes a statement on information and belief and such a statement is made by the declarant, the facts upon which the declarant bases such information and belief shall be included. (Revised July 1, 2025) 7.10.03 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.10.04 RESERVED FOR FUTURE USE (Effective July 1, 2025) 7.10.05 TENTATIVE RULING SYSTEM FOR WESTERN SLOPE AND SOUTH LAKE TAHOE A. GENERAL. The Superior Court for El Dorado County has adopted the following tentative ruling system pursuant to California Rules of Court (CRC), rule 3.1308, subdivision (a)(1) for all matters set on the regularly scheduled law and motion calendars of both the Western Slope and South Lake Tahoe Branches. The tentative rulings can be obtained in two ways: (1) Online: The tentative rulings and complete written rationale for each tentative ruling will be posted on the El Dorado County Superior Court website at www.eldorado.courts.ca.gov by no later than 2:00 p.m. on the court day preceding the date the matter is set on the law and motion calendar. The tentative ruling and the rationale can be viewed on the web site by clicking on the “Tentative Rulings” link. The tentative rulings are listed by department and calendar date. Simply click on the tentative rulings for the assigned department and then click on the date you wish to view. (2) By Telephone: The tentative rulings providing the disposition of the matter only, without the rationale, can also be obtained by calling (530) 621-6551 (Western Slope Branch) or (530) 573-3042 (South Lake Tahoe Branch) beginning at 2:00 p.m. on the court day preceding the date the matter is set on the law and motion calendar. B. TENTATIVE RULING PROCEDURE (1) Acceptance of tentative ruling a. If you wish to accept the tentative ruling which has been issued, or do not wish to oppose it, you do not need to do anything. If no notice of intent to appear and request oral argument is received from any party to the matter by 4:00 p.m. on the day the tentative ruling is issued, the tentative ruling will automatically become the final order of the court pursuant to CRC, rule 3.1308, subdivision (a)(1). b. If you do not wish to accept the tentative ruling in its entirety, you must give notice of your intent to appear and request oral argument as to the specific aspects of the tentative ruling you wish to challenge to both the Court and all parties to the action through the procedures listed below by 4:00 p.m. on the day the tentative ruling is issued. If you do not give such notice and request oral argument by 4:00 p.m., the tentative ruling will become the final order of the Court as provided in CRC, rule 3.1308, subdivision (a)(1). (2) Notice of Intent to Appear and Request Oral Argument a. A notice of intent to appear and request oral argument must be transmitted to the Court either electronically through the court’s website, or via telephone call by 4:00 p.m. on the day the tentative ruling is issued. b. Electronic requests must be sent directly from the tentative rulings link of the Court’s web site by clicking on the “Request for Oral Argument” button on the department’s tentative ruling page. c. Phone requests must be placed to the Western Slope Branch at (530) 621-6551 or the South Lake Tahoe Branch at (530) 573-3042 and must provide all of the information required on the request form found on the Court’s web site. d. Notice to all parties of your intent to appear must be made by telephone or in person pursuant to CRC, rule 3.1308, subdivision (a)(1). (3) Scheduling of Oral Argument Matters in which a party requests oral argument will automatically be set for hearing on the law and motion calendar on the court day following the issuance of the tentative ruling unless otherwise notified by the Court. (4) Appearances a. Except where the tentative ruling states that “appearances are required” or, having received a request for oral argument, the matter has been automatically scheduled for hearing on the next day’s law and motion calendar, no other appearances will be required nor permitted at the law and motion calendar on the day following the issuance of the tentative ruling. b. Unless otherwise indicated in the tentative ruling, appearances for oral argument may be made either in person or remotely in accordance with Local Rule 7.02.00. C. NOTIFICATION OF TENTATIVE RULING SYSTEM IN THE NOTICE OF MOTION. All noticed motion proceedings for which a tentative ruling will issue shall contain the following statement in all notices of motion: (1) For motions heard in the Western Slope Branch: “Pursuant to Local Rule 7.10.05(A), the Court will issue a tentative ruling for this matter on the court day before the hearing. The complete text of the tentative ruling will be available beginning at 2:00 p.m. on the Court’s website, www.eldorado.courts.ca.gov. The tentative ruling providing the disposition of the matter only, without the rationale, can be obtained by calling (530) 621-6551 (Western Slope Branch) beginning at 2:00 p.m. on the court day before the hearing. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. Requests for oral argument must be made either through the Court’s web site or by calling (530) 621-6551 no later than 4:00 p.m. on the court day before the hearing.” (2) For motions heard in the South Lake Tahoe Branch: “Pursuant to Local Rule 7.10.05(A), the Court will issue a tentative ruling for this matter on the court day before the hearing. The complete text of the tentative ruling will be available beginning at 2:00 p.m. on the Court’s website, www.eldorado.courts.ca.gov. The tentative ruling providing the disposition of the matter only, without the rationale, can be obtained by calling (530) 573-3042 (South Lake Tahoe Branch) beginning at 2:00 p.m. on the court day before the hearing. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. Requests for oral argument must be made either through the Court’s web site or by calling (530) 573-3042 no later than 4:00 p.m. on the court day before the hearing.” (Revised July 1, 2025) 7.10.06 LENGTH OF HEARING Matters on the law and motion calendar are intended to be set for no more than 15 minutes for argument. When a matter is called on the law and motion calendar and it appears that argument will exceed a total of 15 minutes, the Court, in its discretion, may reschedule the matter to a date and time convenient to the Court. (Revised July 1, 2025) 7.10.07 DEFAULTS OR UNCONTESTED MATTERS; PROVE-UPS A. No defaults or uncontested matters shall be set for hearing by the clerk unless and until the judgment and all pleadings and documents necessary for hearing and disposition of the matter are on file in the clerk’s office. (1) In all cases of a request for entry of a default judgment, whether the request is for a clerk’s judgment, court judgment, or the matter is set for prove-up, it is this Court’s general policy to require evidence in support thereof shall be provided in written form, unless prohibited by law (Code of Civil Procedure section 585(c)). It is the policy of this Court to require an evidentiary declaration from the plaintiff or plaintiff’s agent in all cases of default. (2) Affidavits and declarations presented in support of a prove-up application shall comply with the requirements of Code of Civil Procedure sections 585 and 585.5. (3) At a default prove-up, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. In all cases, proof must be presented by competent evidence on each and all essential elements of the causes of action sought to be proved; conclusions, whether legal or factual, are insufficient. Affidavits and declarations must affirmatively show that the affiant or declarant is competent to testify to the statements made therein. In general, the Court will use the same standards for assessing the quality and sufficiency of the evidence as would be applied in a contested proceeding. (Code of Civil Proc., § 585, subd. (d); see Harris v. Cavasso (1977) 68 Cal.App.3d 723; Devlin v. Kearny Mesa AMC (1984) 155 Cal.App.3d 381.) B. In actions on promissory notes and contracts providing for the payment of attorney’s fees, whenever a prevailing party is entitled to the recovery of reasonable attorney’s fees, the following schedule shall be considered by the Court, in its discretion, in awarding such fees: 25% of the first $1,000; 20% of the next $4,000; 15% of the next $5,000; 10% of the next $10,000; 5% of the next $30,000; and 2% of the amount over $50,000. (Revised July 1, 2025) 7.10.08 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.10.09 JUDICIAL ARBITRATION A. Upon stipulation of the parties, or election of the plaintiff(s), if the matter in controversy is less than $50,000, a case may be referred to arbitration. The Arbitration Program shall be administered in accordance with the provisions of the Code of Civil Procedure section 1141.11, et seq., and California Rules of Court, rule 3.810, et seq. B. When a case has been assigned to arbitration, notice of assignment to arbitration shall be sent to all parties by the Court. (Revised July 1, 2025) 7.10.10 EX PARTE MOTIONS AND APPLICATIONS; ORDERS SHORTENING TIME A. The moving papers in support of an ex parte application shall be filed with the Court at the first reasonable opportunity, no later than 2:00 p.m. the court day preceding the ex parte application. The moving papers shall be served by electronic transmission where possible. B. In accordance with California Rules of Court, rule 3.1201, the applicant for an ex parte order shall submit: (1) The application; (2) A declaration, or Local Form M-1, stating that notice has been given to all parties no later than 10:00 a.m. the court day prior to the ex parte hearing, including the date, time, and to whom notice was given, absent a showing of exceptional circumstances that justify a shorter time for notice (California Rules of Court, rule 3.1203). (3) A declaration in support of the application, based upon personal knowledge and competent evidence, that makes an affirmative factual showing of irreparable harm, immediate danger, or other good cause for not using the noticed motion procedure. (California Rules of Court, rule 3.1202(c).); (4) A Memorandum of Points and Authorities in support of the application; and (5) A proposed order. C. If an application for an order to shorten time to hear a motion or other request has been granted, the moving papers supporting that motion shall be served on the opposing party at least two court days prior to the hearing, unless otherwise ordered by the Court. D. Applications for entry of judgment ex parte pursuant to stipulation due to a debtor’s default on a conditional settlement agreement, or other applications for entry of judgment or termination of a stay of execution upon failure to perform express conditions, must provide notice pursuant to this rule and California Rules of Court, rule 3.1203, unless there is an express waiver of notice in the stipulation. The application shall be supported by a declaration stating the amount of any payments made by the debtor, or other compliance with the agreement by the defendant, as well as the specific facts supporting the alleged failure to perform. E. An application for an ex parte stay of execution of a judgment shall only be made to the trial judge who entered the judgment. If there is no trial judge, the application may be presented to the judge assigned to the law and motion calendar. F. If the applicant has previously made an ex parte application which has been denied or in part denied, and a subsequent application is made for the same or similar order, either to the judge who originally denied the application or to a different judge, whether on the same or a different set of facts, the applicant shall submit a declaration that states that a previous application has been made, the date of the application, the name of the judge who denied the previous application, a copy of the order on the previous application, and the declaration shall set forth facts on competent evidence demonstrating the change of circumstances which warranted the subsequent application. (Revised July 1, 2025) 7.10.11 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.10.12 COMPROMISE OF CLAIM OF MINOR OR INCOMPETENT PERSON A. A petition for Court approval of a compromise pursuant to Code of Civil Procedure section 372, Probate Code section 2504, or Probate Code section 3500, shall be verified by the petitioner and, in addition to the matters required by California Rules of Court, rules 7.950 through 7.955, shall contain: (1) The name and birth date of the minor or incompetent person; (2) The nature and extent of the injury giving rise to the claim with sufficient particularity to inform the Court whether the injury is permanent or temporary; (3) The original or a photocopy of all doctor’s reports containing a diagnosis or prognosis of the injury, and a current report of the person’s present condition; (4) A copy of any existing accident investigation report of any law enforcement agency; (5) A full disclosure of all information concerning the reasonableness of the proposed compromise including the amounts, if any, paid or to be paid to any other claimants; (6) The original or a photocopy of each bill which, if paid, shall disclose the date of payment, the amount paid, and the name of the payer; (7) If the money is to be deposited in an account subject to withdrawal only upon order of the Court, the name and address of the depository; and (8) The amount of attorney fees requested. Pursuant to Probate Code section 3601, the court will, in its discretion, approve a reasonable attorney fee consistent with California Rules of Court, rule 7.955. B. When the Court orders the money to be received by the minor or incompetent person to be deposited in a bank, trust company, or savings and loan association, the order approving the compromise shall contain the following language: (1) A certified or endorsed copy of this order shall be delivered to the manager of said bank (or savings and loan association), together with said sum to be deposited, and that there shall be a receipt of said bank (or savings and loan association) filed with the clerk acknowledging receipt. (2) If there is a finding in the order approving compromise of a minor’s claim that the minor will attain the age of eighteen or majority on a definite date, the order requiring deposit shall provide for withdrawal after that date without further order of the Court. C. The presence of the petitioner and the minor or incompetent person shall be required unless otherwise ordered by the Court. In considering whether to excuse a personal appearance, the Court shall consider, without limitation, the following factors: (1) The amount of the settlement; (2) Policy limits; (3) Extent of injury and need for future medical care related to the injury; (4) Extent of residual conditions, including cosmetic and psychological factors; (5) Liability; (6) Travel distance for the minor and guardian including consideration of any disability causing difficulties in traveling; and (7) Interruption of education: Generally, where petitioner is not represented by counsel, an appearance will be required. (Revised July 1, 2025) 7.11.00 EXHIBIT STORAGE AND DISPOSITION (Revised July 1, 2025) 7.11.01 POLICY It is the policy of the El Dorado County Courts that evidence admitted in any case before the Courts: A. Shall be only those items required in the case; B. Shall not pose a security or storage problem nor a risk to health or safety; and C. Shall not be retained by the court beyond the minimum time required by law, unless good cause is shown. (Revised July 1, 2025) 7.11.02 RECEIPT OF EXHIBITS A. No exhibits shall be accepted by the exhibit’s custodian unless: (1) All containers of liquid substances shall be clearly marked as to the type of liquid and the amount; (2) All containers of controlled substances shall be clearly marked identifying the substance and its weight, and are sealed; (3) All cash, whether individually or packaged, shall be specifically identified as to the total amount of cash and the number of bills of each denomination; (4) All firearms shall be secured by means of a nylon tie or trigger guard; and (5) All hypodermic needles shall be placed in containers that safeguard personnel handling the exhibit from accidental injury. B. All exhibits must be individually tagged with the appropriate exhibit tag. Each exhibit tag must be properly completed and securely attached to the exhibit. C. No exhibit shall be received by the Court if it poses a security or storage problem or a risk to health or safety. Unidentified liquids, containers, or suspect substances shall be returned to the party who offered the exhibit. Types of exhibits which will not be received include, but are not limited to, the following: (1) Any type of explosive powder; (2) Explosive chemicals, including toluene and ethane; (3) Explosive devices, including grenades and pipe bombs; (4) Flammable liquids, including gasoline, kerosene, lighter fluid, paint thinner, and ethyl ether; (5) Canisters containing teargas, mace, or similar substances; (6) Rags that have been soaked in flammable liquids; (7) Liquid drugs, including phencyclidine (PCP); methamphetamine, corrosive liquids, pyrrolidine, morpholine, and piperidine; or (8) Samples of blood, urine other bodily fluids, and any substance requiring refrigeration or humidity-controlled storage. D. Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the Court in the form of a photographic record and a written chemical analysis certified by competent authority. Where the Court finds that good cause exists to depart from this procedure, toxic exhibits may be brought into the courtroom and introduced. Upon conclusion of a trial, exhibits containing toxic or hazardous materials, including but not limited to bodily fluids, controlled substances (including marijuana), weapons, and any other exhibit the Court determines may present a hazard shall be returned to the originating agency for storage pending appeal. E. Any exhibit that is improperly tagged, marked, weighed, or otherwise improperly identified, will not be accepted by the Court. F. The Court, in its discretion, may admit any exhibit in the interests of justice. G. Original photographs shall be substituted for any photographically enlarged exhibits. H. The Court, in its discretion, may order a photograph substituted for large or bulky exhibits that pose a storage problem. (Revised July 1, 2025) 7.11.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS A. The clerk shall retain custody of any exhibit introduced into evidence in a civil proceeding, until the final determination or dismissal of the action or proceeding. B. Once a judgment has become final and any appellate proceedings in the matter have been terminated, exhibits retained from a case shall be promptly destroyed or otherwise disposed of by the Court clerk in accordance with current law or rule of court. Parties who wish to retain their exhibits shall sign and file with the clerk a request for return of exhibits prior to the end of the hearing or trial of the matter. C. The Court, on its own motion, may order exhibits destroyed or otherwise disposed of, or may order that exhibits be returned to the attorney for the party introducing those exhibits, 60 days after the expiration of the time for filing a notice of appeal. (Revised July 1, 2025) 7.11.04 VIEWING EXHIBITS A. As long as a case is active, only the attorneys of record and Court personnel may view the exhibits. Any other person interested in viewing an exhibit must first obtain an order of Court permitting a view. B. Viewing of exhibits shall take place in the presence of the exhibit’s custodian. Exhibits may not be altered or taken apart, except upon order of Court. Special viewing equipment shall not be permitted except upon prior order of the Court. (Revised July 1, 2025) 7.12.00 TRIAL COURT CASE MANAGEMENT RULES (Revised July 1, 2025) 7.12.01 APPLICATION OF CASE MANAGEMENT RULES A. APPLICATION. These rules apply to all general civil cases pending in the Superior Court, regardless of when the case was originally filed or whether the case was transferred from another court. B. EXCLUSIONS. Excluded from the application of these rules are probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, Uniform Parentage Act, Uniform Child Custody Jurisdiction Act, proceedings for freedom from parental custody and control, and proceedings for adoption), juvenile court proceedings, small claims appeals, and “other civil petitions” including petitions for writs of prohibition or mandate, temporary restraining orders, harassment restraining orders, domestic violence restraining orders, writs of possession, appointment of receiver, release of property from lien, change of name, and collection cases as defined in California Rules of Court, rule 3.740(a). Excluded also are unlawful detainers and cases which are the subject of a petition for coordination. (Revised July 1, 2025) 7.12.02 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.03 ASSIGNMENT OF CASES Upon filing the complaint, the clerk shall assign a subject case to a single judge for all purposes and shall notify the parties of the assignment. Nothing in these rules shall prevent the Court from reassigning a subject case to a different judge, in which case the Court shall notify the parties of the assignment. (Revised July 1, 2025) 7.12.04 DELEGATION TO TEMPORARY JUDGE AND CHALLENGES If the judge to whom the case is assigned delegates pretrial management of the case to a temporary judge and the parties do not agree to the delegation, the parties shall object within 30 days after notice of the delegation. If the parties do not object within 30 days, they will be deemed to have agreed to the delegation. (Effective July 1, 2001) 7.12.05 SETTING THE CASE MANAGEMENT CONFERENCE DATE AND CASE MANAGEMENT DOCUMENTS Upon filing the complaint, the clerk shall assign a case management conference date as provided in Local Rule 7.12.10 and deliver to the plaintiff an issued summons, a “filed” endorsed copy of the complaint and the following case management documents: A. Notice of Case Management Conference; B. Blank Case Management Statement, mandatory Judicial Council form CM-110; C. Notice to Litigants informational Local Form C-13. The term “case management documents” also includes any case management order issued in the case. (Revised July 1, 2013) 7.12.06 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.07 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.08 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.09 UNINSURED MOTORIST CASES A. Upon determining that an action is to proceed as an uninsured motorist (UM) case, the plaintiff shall promptly, and in no event later than the first case management conference, file a declaration under penalty of perjury setting forth the information upon which the determination was made. The declaration shall include (1) a statement that coverage exists under a UM insurance policy; (2) the name of the UM insurance carrier and the limits of coverage under the policy; and (3) a statement that plaintiff intends diligently to proceed under the UM policy and, upon completion of the proceeding under the UM policy, dismiss the case. B. Upon review of the declaration, the Court may designate the action as an UM case, which designation suspends the time requirements of these rules for 180 days from the date of designation. The Court shall review the case by setting a case management conference at the end of the suspension period. C. If the proceeding under the UM policy is not completed by the review case management conference, the plaintiff may file a supplemental declaration requesting a further suspension and setting forth specific facts showing the necessity thereof. Upon completion of the proceeding under the UM policy, the plaintiff shall dismiss the case. (Revised July 1, 2025) 7.12.10 CASE MANAGEMENT CONFERENCE A. ORIGINAL COMPLAINTS. For all cases subject to these rules, upon filing an original complaint, the clerk shall schedule a case management conference within 120 days, but not less than 90 days, after the complaint is filed. On its own motion or at the request of a party or parties, the Court may hold other case management conferences at any time. B. TRANSFER CASES. If a subject case is transferred from another jurisdiction after a responsive pleading has been filed, the clerk shall schedule the case management conference within 45 days, but not less than 30 days, after the order of transfer. If a responsive pleading has not been filed, the clerk shall set the case management conference within 90 days, but not less than 60 days, after the order of transfer. C. CASE MANAGEMENT STATEMENT. The plaintiff and each party who has been served or who has appeared in the action shall file and serve a completed case management statement at least 15 calendar days prior to the case management conference. D. CASE MANAGEMENT CONFERENCE HEARING. The plaintiff and each party who has been served or who has appeared in the action or counsel shall attend the case management conference, shall be familiar with the case, and shall be prepared to discuss all matters enumerated in this subparagraph. The parties or counsel may appear remotely. Parties or counsel failing to attend or to be prepared may be subject to sanctions. At the case management conference, the Court shall make all appropriate pretrial orders to ensure the proper preparation and timely disposition of the case including the following: (1) Service and Default. The Court may set dates or otherwise address the methods by which service is to be accomplished or default taken. (2) Mandatory Settlement Conferences, Issues Conferences, and Trial Dates. The Court may schedule a mandatory settlement conference, an issues conference, motion in limine hearings, and the trial date. The Court may schedule additional settlement conferences at the request of the parties or on its own motion. (3) Alternative Dispute Resolution. The Court has initiated an Alternative Dispute Resolution (ADR) Program which applies to all civil cases that are subject to these rules; provided, however, that on the joint request of the parties or on its own motion, the Court may order that the program apply to any civil case. Unless the parties agree to another form of ADR, they will be ordered to participate in a Dispute Resolution Conference (DRC). The DRC shall take place within 60 days of the case management conference, unless the Court otherwise orders for good cause shown. The DRC will be conducted by one attorney temporary judge. The DRC will be conducted as a mandatory settlement conference pursuant to California Rules of Court, rule 3.1380, and the parties and counsel are directed to comply with the terms thereof. Within 7 to 10 days after the case management conference, the Court will notify the parties of the DRC temporary judge assigned to the case. It is the responsibility of the plaintiff to contact the temporary judge and arrange for a time and place for the DRC convenient to them and all parties. At least five (5) court days prior to the DRC, each party is to submit to the temporary judge and the other parties a dispute resolution conference statement which meets the requirements of California Rules of Court, rule 3.1380, and any special requirements set forth below. In addition to the requirements of California Rules of Court, rule 3.1380, each party’s dispute resolution conference statement shall also contain a brief summary regarding the status of expert and non-expert discovery. Prior to the DRC, the parties are to exchange documents and records pertinent to settlement and shall provide copies of these to the DRC temporary judge. With leave of Court and in lieu of participation in a DRC, the parties may participate in arbitration (binding or non-binding), judicial arbitration, or mediation. The parties may select the neutral from the Court’s panel or a private neutral of their choice. The parties will be responsible for any fees associated with arbitration, judicial arbitration, or mediation. The Court’s panel of neutrals may be obtained from the Court’s website or the clerk’s office. E. RULES FOR SPECIAL DISPUTE RESOLUTION CONFERENCES. This subsection provides special procedures for the following cases: (1) Personal Injury Actions. At least five (5) court days prior to the DRC in personal injury actions, the parties shall exchange relevant photographs, accident reports, medical bills and reports, and statements of lost income and shall provide copies of these to the DRC temporary judges. If there are claims or liens which may affect the settlement, the affected party shall initiate negotiations with claimants or lien holders prior to the DRC. If a claim or lien is not resolved, counsel shall request the holder in writing to attend the DRC. This subsection authorizes counsel to request collateral source providers to attend the DRC on behalf of the Court, pursuant to Government Code section 985(c). (2) Building and Construction Cases. Within 30 days after the first status conference in building and construction cases, the party complaining of defective construction shall serve on all other parties a statement of damages, including a scope of damages which sets forth with particularity the defects complained of and a cost of repair which itemizes the cost of repairing the defects. Within 30 days thereafter, the other parties may inspect the premises; provided, however, that any such inspection shall be conducted only after the parties have met and conferred and shall be scheduled to minimize inconvenience for the owner of the premises. Within 45 days after service of the statement of damages, the other parties shall serve on all parties a response to statement of damages, which responds with particularity to the scope of damages and the cost of repair. The DRC shall be scheduled after the statement of damages and the response have been completed and the parties shall provide copies to the DRC temporary judges. (3) Business/Partnership Dissolution and Accounting Cases. In any case which requires the taking of accounts, the Court may appoint an accounting officer, whose fees shall be divided equally among the parties. Within 10 days after the appointment, the accounting officer may serve on the parties a request for documents requesting with particularity the documents they believe are necessary for the accounting. Within 10 days thereafter, any party may object to the request, which objection will be heard, together with any response thereto, by the Court within 20 days. The objecting party shall contact the Court’s ADR department for a hearing date. Documents requested by the accounting officer shall be produced within 30 days of the request; provided, however, that if there is an objection, documents shall be produced only as the Court may direct. Within 30 days after receipt of the requested documents, or such other time as the Court, for good cause shown, may direct, the accounting officer shall file with the Court and serve on all parties a statement of account. The DRC shall be scheduled after the statement of account has been filed and served and the parties shall provide copies of the statement of account to the DRC temporary judges. It is the plaintiff’s responsibility to schedule the DRC. (Revised July 1, 2025) 7.12.11 MANDATORY SETTLEMENT CONFERENCE A. SETTLEMENT CONFERENCE. Approximately one to two months prior to the trial date, a Mandatory Settlement Conference (MSC) shall be held in all cases. B. PERSONS ATTENDING AND AUTHORITY. Trial counsel, the parties, and all persons whose consent is necessary for a settlement must attend the MSC in person, unless otherwise ordered by the Court. All persons required to attend must have full authority to settle the case. C. SETTLEMENT CONFERENCE STATEMENT. Each party shall lodge with the Court no later than five court days before the conference and serve on the other parties a written statement that conforms to Rule 3, et seq., of the California Rules of Court, and in addition sets forth the following: (1) A statement of the facts; (2) The contentions of each party to the action regarding liability and damages; (3) An itemized list of special damages; (4) Each party shall attach to the statement copies of relevant documents, which may assist the court in settlement including photographs, diagrams, reports, bills, and contracts. In any case in which a personal injury is claimed: (1) A description of the nature and extent of any injury claimed, including residuals; (2) A description of the basis for and method of calculation of any claimed wage loss; (3) The most recent demand and offer or a description of any other proposed settlement between or among the parties. D. GOOD FAITH PARTICIPATION AND SANCTIONS. Counsel, the parties, and all persons attending the MSC, shall participate fully and in good faith. The Court may impose sanctions on any person required to attend who fails to attend, or fails to participate fully and in good faith, or fails to file the required documents. In addition to such sanctions, the Court may vacate the trial date. E. SETTLEMENT OF THE ACTION. If a case is settled, (1) the parties shall place the settlement on the record or reduce it to writing, as the Court may direct; (2) the Court shall vacate all pending court dates; and (3) the plaintiff shall dismiss the action within 45 days; provided, however, that if the conditions for dismissal in the settlement cannot be completed within 45 days, the plaintiff shall specify the date of dismissal. If the plaintiff does not dismiss the case within 45 days or other date set for dismissal, the Court shall dismiss the case unless good cause is shown why the case should not be dismissed. (Revised July 1, 2025) 7.12.12 ISSUES CONFERENCE The Issues Conference will normally be set approximately two weeks before the trial date. Attendance by the attorney who will actually try the case is mandatory. A. Prior to the Issues Conference, the parties shall meet and confer and prepare the following jointly, which shall be submitted at least three court days before the Issues Conference: (1) An Issues Conference Statement setting forth the legal and factual issues to be presented in the case, the proposed sequence of trial, any appropriate memoranda of points and authorities, and whether the parties anticipate any hearings pursuant to Evidence Code section 402; (2) If set for a jury trial, a Statement of the Case to be read to prospective jurors during jury selection. The statement should identify the factual issue(s) to be considered by the jury and should be stated in a neutral and concise manner; (3) If set for a jury trial, proposed voir dire. B. Prior to the Issues Conference, the parties shall meet and confer and prepare the following jointly, which shall be submitted at the Issues Conference: (1) If set for a jury trial, a joint set of jury instructions, including all instructions proposed to be offered by either party, insofar as may be determined prior to taking evidence. Any instructions as to which there is no agreement shall be tabbed or otherwise indicated in an index to the instructions. Proposed general and special verdict forms shall also be submitted at the Issues Conference. (2) A joint set of exhibits, tabbed and sequentially numbered, in three-ring binders, with a table of contents listing each exhibit by number. All exhibits the parties intend to present at its case-in-chief should be included. Depositions, requests for admission, and interrogatories shall not be included in the exhibit binder. (3) A joint exhibit list, stating the exhibit number, description of the exhibit, the proponent of the exhibit, and whether the parties are stipulating to its admissibility or merely waiving foundation or hearsay objections. C. MOTIONS IN LIMINE. Motions in limine shall be heard at the Issues Conference. (1) Motions in limine declarative of existing law (e.g., to exclude mention of liability insurance pursuant to Evidence Code section 1152) are unnecessary and should not be made. (2) Unless otherwise ordered by the Court, all motions must be filed and served no later than three weeks prior to the Issues Conference; oppositions must be filed and served no later than two weeks prior to the Issues Conference; and replies, if any, must be filed and served no later than one week prior to the Issues Conference. This briefing schedule shall not apply to motions concerning expert witnesses deposed on or before 15 days prior to the date initially set for trial, pursuant to Code of Civil Procedure section 2024.030. Motions in limine concerning such experts must be filed and served no later than 10 days prior to trial; oppositions shall be filed and served no later than 5 days prior to trial; and replies, if any, may be presented at the hearing on the motion. Service of motions in limine concerning expert witnesses and any opposition is to be made in a manner that will ensure same day service (e.g., personal service, electronic service). At the Issues Conference, the Curt may specially set a hearing for motions concerning such experts. (3) Motions in limine must be separately stated and captioned as “Plaintiff’s Motion in Limine No. ___” or “Defendant’s Motion in Limine No. __.” Each party’s motions shall be numbered consecutively. Motions in limine to admit or exclude evidence must be supported with a declaration or other evidentiary predicate specifying with particularity the evidence sought to be excluded (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659). A memorandum of points and authorities shall accompany each motion. If particular testimony is to be excluded, a copy of the statement or the page(s) from the transcript of the proposed testimony must be attached to the motion, along with any necessary declaration. (4) If either party is requesting a 402 hearing as part of a motion in limine, the request must be clearly identified in the caption of the motion; e.g., “Plaintiff’s Motion in Limine No. __; Request for 402 Hearing.” The Court retains its discretion whether to conduct a 402 hearing or decide the matter on the papers. (Revised July 1, 2025) 7.12.13 SANCTIONS The failure of any person to comply with these rules or any order of the court shall constitute an unlawful interference with the proceedings of the court. For any such interference, the court may impose upon the offending person sanctions which may include, but are not limited to, continuing a conference and requiring the filing of appropriate documents, awarding monetary sanctions, attorney’s fees, expenses and costs, striking pleadings and entering the default of any party, dismissing the action, and contempt. (Revised January 1, 2012) 7.12.14 RESERVED FOR FUTURE USE (Revised January 1, 2006) 7.12.15 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.16 RESERVED FOR FUTURE USE (Revised July 1, 2014) 7.12.17 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.18 RESERVED FOR FUTURE USE (Revised July 1, 2025) 7.12.19 RESERVED FOR FUTURE USE (Effective July 1, 2025) 7.13.00 ATTORNEY’S FEES IN UNLAWFUL DETAINER ACTIONS When a plaintiff is entitled to attorney fees in a residential Unlawful Detainer default judgment, the Court will award the sum of $600 as an attorney fee. If a defendant has filed an answer which requires the matter to be set for trial and it is uncontested, the Court will award the sum of $900 as an attorney fee. If the matter is contested at trial, the Court will award $1,000 as an attorney fee. The Court may adjust these amounts upon a showing of sufficient justification. Attorney fees in a commercial Unlawful Detainer shall be determined by the Court upon evidence presented at the hearing or by declaration if no hearing is held. (Revised July 1, 2025) 7.14.00 RESERVED FOR FUTURE USE (Effective July 1, 2013) 7.15.00 RESERVED FOR FUTURE USE (Effective January 1, 2007) 7.16.00 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT – PUBLIC RESOURCES CODE SECTION 21000, ET SEQ. A. GENERAL (1) WHERE FILED. Actions in the nature of mandate challenging an agency decision under the California Environmental Quality Act (Public Resources Code section 21000, et seq.) shall be filed in the civil section of the clerk’s office and the case shall be thereafter assigned for all purposes to a judge designated by the presiding judge. (2) Record Status Conference: a. REQUEST FOR STATUS CONFERENCE. At the time that a petition is filed in accordance with these rules, the petitioner shall request the Court set a record status conference before the judge assigned to the case within 30 days of the date of filing of the petition, and serve notice of the date of the record status conference on the respondent. b. CERTIFICATION OF THE RECORD. The Court will set a tentative hearing date for a hearing to certify the administrative record. The parties shall provide the Court at the record status conference a joint list of documents proposed to be included in the record that the parties consider to be the principal documents defining the issues presented by the petition and the response thereto. Each party may supplement the joint document list with a list of additional documents the party considers to be of particular importance to its position. Each document shall be designated by both the page number in the record and by the document’s title. The parties shall also give the Court a preliminary indication of any disputes concerning the accuracy or scope of the record, with specific references to document page and title. c. BRIEFING SCHEDULE AND HEARING ON THE PETITION. The Court will set a tentative briefing schedule and tentative hearing date at the record status conference. The hearing date and the briefing schedule may be reset either on the Court’s own motion or on noticed motion by a party, for good cause shown. Memoranda of Points and Authorities shall be in accordance with the requirements of California Rules of Court, rule 3.1113. Factual references in the brief shall be followed by a citation to the specific portion of the administrative record supporting that reference, by AR page number, as well as by the title of the document and document page number in which that reference occurs. In addition, each party shall file with the Court at the time the party’s initial merits brief is filed a separate document containing a photocopy of each page of the administrative record cited in the brief. B. ORDERING THE ADMINISTRATIVE RECORD (1) In accordance with Public Resources Code section 21167.6, within 10 business days after the action is filed, petitioners shall personally serve on the appropriate public agency their request for preparation of the administrative record or their notice of election to prepare the administrative record themselves. C. MEDIATION (1) In accordance with Government Code section 66031, within five days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the Court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the parties. D. PREPARATION OF THE ADMINISTRATIVE RECORD (1) Preparation of the Record by the Public Agency. Within 20 calendar days after receipt of a request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person(s) responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record. (2) Election by Petitioners a. Upon receipt of the preliminary notification, petitioners may elect to prepare the record themselves provided that they notify the agency within five (5) calendar days of receipt. Within 40 calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. The agency shall promptly notify petitioners of any required photocopying procedures or other conditions with which petitioners must comply to prepare the record. b. If petitioners do not elect to prepare the record themselves, then within 40 calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on all parties a detailed index listing the documents proposed by the agency to constitute the record together with a supplemental estimated cost of preparation. Within seven (7) calendar days after service of the agency’s proposed document index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record. (3) Preparation of the Record by Petitioners. Within 20 calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating the location of documents that are anticipated to be incorporated into the administrative record; the contact person(s) responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying. The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record. Within 40 calendar days after service of petitioners’ notice of election to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. E. FORMAT OF ADMINISTRATIVE RECORD (1) Type of Paper. The administrative record shall be prepared on white or unbleached paper, preferably recycled, of standard quality not less than 20 pound weight, 8½ by 11 inches in size, using a photocopying process that will produce clear and permanent copies legible to printing. Only one side of the paper shall be used and the margin shall not be less than 1¼ inches on the left side of the page. The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action. The pages of the administrative record shall be numbered consecutively and three-hole punched in the left margin. (2) Volume Designation. The administrative record shall be lodged in one or more volumes of loose leaf binder, tabbed by document number, and prominently titled “ADMINISTRATIVE RECORD VOL. 1,” etc. Each volume shall consist of not more than 300 pages and shall be numerically tabbed by the document number in the volume. Each volume shall have a cover page listing each document in the volume by the number of the tab which it appears, the full title of the document, and the page number of the record of the first page of the document. (3) Organization. Prior to certification and lodging, the administrative record shall be organized with the documents in the following order: a. The Notice of Determination; b. The resolution(s) or ordinance(s) adopted by the lead agency approving the project, including any resolution(s) or ordinance(s) adopted in compliance with Public Resources Code sections 21081 and 21081.6; c. The Draft or revised Draft Environmental Impact Report and initial study; d. The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; e. The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); f. The staff reports prepared for the approval bodies of the lead agency; g. Transcripts and/or minutes of hearings; and h. The remainder of the administrative record, in chronological order if possible. NOTE: The above table of organization if not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code section 21167.6(e). F. CERTIFYING AND LODGING THE RECORD. Upon completion and preparation of the record, it must be certified by the agency before being filed with the Court. If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the Court no later than 60 days after the request. If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification. After certification, petitioners shall then personally serve the record and lodge it with the Court no later than 60 days after service of the notice of election to prepare the record. Any extension of the 60-day period may be requested by filing a stipulation signed by all parties and obtaining Court approval of the extension(s) prior to the expiration of the 60-day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the 60-day period. If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it. G. DISPUTES REGARDING THE CONTENTS OF THE ADMINISTRATIVE RECORD. Once the administrative record has been lodged with the Court, any disputes about its accuracy or scope shall be resolved on noticed motion. For example, if the agency has prepared the administrative record, petitioners may contend that the record as prepared omits relevant documents or contains inappropriate documents; if petitioners have prepared the record, the agency may have similar contentions. Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains. A motion to supplement the administrative record with additional documents and/or to object to certain documents may be noticed by any party after obtaining a hearing date from the clerk of the Court. The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ. Notice shall be given in accordance with Code of Civil Procedure section 1005. H. HEARING TO CERTIFY THE ADMINISTRATIVE RECORD. The date of the hearing to certify the administrative record will normally be set by the Court at the record status conference and may be advanced or continued by the Court or on noticed motion of a party for good cause shown. At the hearing to certify the record, the parties shall provide the Court with an agreed statement of the issues that will be presented to the Court at the hearing on the petition. Each party may supplement the agreed statement of issues with additional issues that a party intends to raise. The Court will confirm or revise the tentative briefing schedule and hearing date that were set at the record status conference. I. SETTLEMENT MEETING. The notice of settlement meeting required by Public Resources Code section 21167.8(a) shall provide that, if the parties agree, the first settlement meeting shall be continued so as to take place no later than 35 days after the administrative record has been served. If the parties do not so agree, the first settlement meeting shall take place in conformity Public Resources Code section 21167.8. In the event there is no agreement for a continuance of the first settlement meeting, a second settlement meeting shall take place within five (5) days after the administrative record is served. The parties shall agree to the time and place of any settlement meeting(s); failure to agree may result in the imposition of sanctions pursuant to Public Resources Code section 21167.8(e). Other settlement meetings may be scheduled by the parties. The statement of issues required by Public Resources Code section 21167.8(f) shall identify, by document number, full document title, and record page number, those portions of the administrative record that are directly related the contentions and issues remaining in the controversy. While the statement of issues will be utilized by the Court in focusing on the legal and factual contentions and issues raised by the parties, those contentions and issues must be consistent with the pleadings to be properly resolved by the Court. J. TRIAL NOTEBOOK. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the Court no later than 15 days prior to the date of the hearing. The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions set to be heard at the trial of the action, the statement of issues, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, the volume and tab number in the administrative record, and a copy of the specifically cited page(s) in the administrative record. (Revised July 1, 2025)
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.