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Chapter 3 (Civil Rules), in nine divisions: general provisions - case management conferences set one hundred eighty (180) days after filing (Rule 3.1.2), expert witness fees (Rule 3.1.4), jury fee deposits, trial briefs, jury instructions, juror questionnaires and motions in limine (Rules 3.1.7 to 3.1.10), taking a trial off calendar, judgments after court trial, privately hired court reporters (Rule 3.1.15), fee waivers and ex parte requests to continue a trial (Rule 3.1.20); law and motion - hearings Monday through Friday at 8:30 a.m. and tentative rulings (Rule 3.2.0), orders shortening time, taking motions off calendar, separate motions, joinders, evidentiary objections, particular motions, opposing and reply papers and orders after hearing; ex parte relief, with papers filed twenty-four (24) hours before the hearing (Rule 3.3.1); extraordinary writs; judicial arbitration of cases up to $50,000 (Rule 3.5.0) and the arbitrators' $150 fee (Rule 3.5.6); special case categories - judgment debtor examinations, unlawful detainer, uninsured motorist actions, compromises of minors' claims and class actions; miscellaneous provisions - the death of a plaintiff, receivers, confidentiality and sealed records, depositions, bankruptcy, the default attorney fee schedule (Rule 3.8.7) and civil remote appearances at $25 per appearance (Rule 3.8.8); and small claims (Rules 3.9.0 to 3.9.4).
California > Fourth Appellate District > Imperial County > Superior Court of California, County of Imperial
Chapter 3 Civil Rules Division 1 General Provisions Rule 3.1.0 Policy It is the policy of the Court to manage cases in accordance with Sections 2.1 of the Standards of Judicial Administration contained in the Appendix to CRC. Nothing shall prevent the Court from making exceptions based on a specific finding that the interests of justice so require. However, no procedure or deadline, established by these rules or order of the Court may be modified, extended, or avoided by stipulation or agreement of the parties, except as permitted Section 68616 of the Government Code, unless approved by the Court in advance of the date sought to be altered. [Adopted July 1, 2007, Rule 3.0 renumbered to 3.1.0 01/01/09] Rule 3.1.1 Case Assignment and Direct Calendaring At the time a civil action is filed, the clerk will, pursuant to authority and direction of the Presiding Judge, assign it to a specified civil judge for all purposes. The name of the judge to whom the case is assigned shall be stamped or otherwise noted on the first paper and any conformed copy by the clerk. Thereafter, it shall be the duty of the parties to ensure that subsequently filed papers bear the name of assigned judge on the first page immediately to the right of the caption. [Adopted July 1, 2007, Rule 3.1 renumbered to 3.1.1 01/01/09] Rule 3.1.2 Case Management (a) In all general civil cases as the term is defined in CRC 1.6(4) a notice of case management conference will be delivered to the plaintiff upon the filing of the complaint, setting the case management conference one hundred eighty (180) days from the date of filing of the case. (b) A copy of the notice of case management conference shall be served with the summons and complaint, and proof of service thereof shall be filed with the court. (c) In every general civil case specified in CRC 3.712(a) that has not been placed on the civil active list within one-hundred eighty (180) days of the filing of the complaint or other first paper, an order to show cause will be issued regarding dismissal for failure to comply. Notice of the time and date of the show cause hearing shall be given by the clerk at the direction of the Court. (d) Any party may, upon notice, move the Court, for setting of a case management conference, prior to one hundred eighty (180) days from the filing of the case, if the party contends that an earlier case management conference would facilitate the expeditious preparation of the matter for trial. (e) It is the policy of the court to hold the case management conference on the date originally set. In cases where no defendants have appeared, a continuance may be requested ex parte based on a declaration showing good cause why the conference should be continued. (f) A Notice of Case Management Conference will not be issued in uninsured motorist cases, coordinated cases and collections cases pursuant to CRC 3.712. [Adopted July 1, 2007, subd (c) amended 01/01/10, subd (f) adopted 01/01/10] Rule 3.1.3 [Repealed] [Adopted July 1, 2007; renumbered to 3.1.3 01/01/09; Rule 3.1.3 repealed 01/01/10] Rule 3.1.4 Expert Witnesses and Fees (a) Excessive expert witness fees may limit access to the courts and undermine the quality of justice. Accordingly, it is the policy of the Court that the Court will consider the ordinary and customary fees charged by similar experts for similar services within the relevant community. (b) Based on the collective experience of the courts, the following hourly rates appear to be representative of the ordinary and customary fees charged for expert testimony in this community: $400 Physicians, osteopaths, surgeons, dentists and psychiatrists $300 Attorneys $300 Psychologists $300 Economists $300 Engineers, architects $250 Chiropractor (c) Parties will be permitted to designate call at trial. It is the policy of the Court that parties are limited to one expert per field of expertise per side, absent a court order to the contrary. [Adopted July 1, 2007, Rule 3.3 renumbered to 3.1.4 01/01/09, amended 07/01/19] Rule 3.1.5 Jury Fees All jury fee deposits shall be accompanied by a notice of jury fee deposit, which shall be served on all parties. [Adopted July 1, 2007, Rule 3.5 renumbered to 3.1.401/01/09] Rule 3.1.6 [Repealed] [Adopted July 1, 2007, Rule 3.6 renumbered to 3.1.6 01/01/09, Rule 3.1.6 repealed 01/01/12] Rule 3.1.7 Required Trial Briefs and Statement of the Case Trial Briefs and a Statement of the Case must be submitted to the Court at least five (5) court days before the Trial Management Conference in the case of a jury trial, or the trial date in the case of a court trial. [Adopted July 1, 2007, Rule 3.7 renumbered to 3.1.7 01/01/09, amended 2012; and subd (a)(b) adopted 01/01/12, subd (a) amended 01/01/17; Rule 3.1.7 repealed 07/01/19, New Rule 3.1.7 Adopted July 1, 2024] Rule 3.1.8 Jury Instructions On the scheduled trial date, the parties shall submit the full text of proposed jury instructions to the Court. [Adopted July 1, 2007, Rule 3.8 renumbered to 3.1.8 01/01/09] Rule 3.1.9 Juror Questionnaires If the parties wish to use juror questionnaires, the questionnaires must be submitted to the Court for review two (2) court days prior to the trial. [Adopted July 1, 2007, Rule 3.9 renumbered to 3.1.9 01/01/09] Rule 3.1.10 Motions in Limine All written in limine motions must be submitted to the Court at least five (5) court days before the Trial Management Conference date in the case of a jury trial, or the trial date in the case of a court trial. Written opposition must be submitted to the Court no later than two (2) court days before such date. The Court, in its discretion, may order that the motions in limine be filed at an earlier time. The following motions will be automatically granted and need not be put in writing: (1) motions to exclude evidence of a collateral source, (2) motions to exclude evidence of offers to settle and/or settlement discussions. [Adopted July 1, 2007, Rule 3.10 renumbered to 3.1.10 01/01/09, amended 01/01/15, 07/01/24] Rule 3.1.11 Taking Trial Off Calendar If the plaintiff decides to take a trial off calendar, the remaining parties need to be contacted in person or telephonically as soon as possible after the determination is made. Trials may be taken off calendar only if: (1) all unserved parties not participating in settlement will be dismissed; and (2) all parties agree the case has been settled in its entirety. If one or more of the above conditions is not met, the trial will not go off calendar without an order of the Court. [Adopted July 1, 2007, Rule 3.11 renumbered to 3.1.11 01/01/09] Rule 3.1.12 Post Trial In matters tried by a Court without a jury, the prevailing party (or the party designated by the Court) shall file the judgment with the Court within thirty (30) days after the Court awards judgment. [Adopted July 1, 2007, Rule 3.2 renumbered to 3.1.12 01/01/12] Rule 3.1.13 Stay of Execution Pending New Trial Motion Only the trial judge may order an ex parte stay of execution pending the determination of a motion for new trial. If the trial judge is not available, the application shall be made to the presiding judge. [Adopted January 1, 2007, Rule 3.13 renumbered to 3.1.13 01/01/09] Rule 3.1.14 Judgment Pursuant to Stipulation All ex parte applications for judgment, pursuant to stipulation, shall state the type of case, date of filing of original complaint, and whether the proposed judgment is fully dispositive of the case. [Adopted January 1, 2007, Rule 3.14 renumbered to 3.1.14 01/01/09] Rule 3.1.15 Court Reporters for Civil Trials An attorney or party in civil matters hiring their own court reporters shall provide the name, address, telephone number, and Certified Shorthand Reporter (CSR) number of the court reporter to the courtroom clerk prior to the commencement of the proceeding. Attorney or party must ensure that the contracted court reporter is in good standing with the CSR certification board and all trial and appellate courts. The clerk shall note the court reporter’s identifying information in the minutes. [Adopted July 1, 2007, Rule 3.15 renumbered to 3.1.15 01/01/09, amended 01/01/13, 01/01/17, & amended by executive order 09/07/21] Rule 3.1.16 Fee Waivers The court has delegated to the clerk, the authority to grant applications to proceed in forma pauperis that meet the standards of eligibility in Government Code Sections 68632 and 68633. [Adopted 01/01/09, amended 01/01/12] Rule 3.1.17 Fee Waivers From Inmates The court has delegated to the clerk, the authority to grant applications to proceed in forma pauperis that meet the standards of eligibility in Government Code section 68635(g). [Adopted July 1, 2009, amended 01/01/12] Rule 3.1.18 Proof of Service Accompanying Case Management Statement Proof of Service listing parties served must accompany Case Management Statement. The list must include counsel of record that was served and the party they represent. This document would accompany Judicial Council form number CM-110. [Adopted January 1, 2014] Rule 3.1.19 Failure to Appear at Trial Management Conference A failure to appear at the trial management conference may, in the discretion of the trial judge, be deemed a waiver of jury by the party failing to appear. [Adopted January 1, 2015 , amended 07/01/24] Rule 3.1.20 Ex Parte Request for Trial Continuance An ex parte request to continue a trial date to a new date shall be submitted and filed as an application for ex parte relief. The application will also include a proposed order listing the proposed new trial date and proposed new trial management date. Moving party may contact the Civil Department at (760) 482-2240 to inquire as to proposed new trial dates for a specific department. If a declaration of non-opposition signed by opposing parties/counsel is submitted/filed with the application for ex parte relief, the application for ex parte relief will be ruled on in Chambers. [Adopted January 1, 2022] Division 2 Law and Motion Rule 3.2.0 Scheduling Hearings and Tentative Rulings (a) Civil law and motion matters are heard Monday through Friday at 8:30 a.m. at the El Centro Main Courthouse in the civil department to which a case has been assigned, unless otherwise directed by the Court. The moving party shall set the date of hearing by specifying the date, time, and department in the notice of motion, in accordance with statute. The Court may reschedule such matters to accommodate workload, if necessary. If the moving party sets an incorrect date, time, or department, the clerk will reject the filing. See the Court’s website, www.imperial.courts.ca.gov, for setting mandatory reported cases. (b) Any civil department may issue a tentative ruling in a law and motion matter, in the sole discretion of the assigned judge. The tentative ruling may specify the issues on which the Court wishes the parties to provide further argument. If a tentative ruling is issued the day before the date set for hearing, no notice of intent to appear is required to appear for argument, and the tentative ruling may be obtained from the Court's website. The tentative ruling may also be posted on a calendar note on the day of the hearing, or announced by the Court at the time of oral argument. [Adopted July 1, 2007, amended 07/01/08, amended subd (a) 01/01/13, adopted subd (c) 01/01/18 amended subd (a), repealed subd (c) 01/01//24] Rule 3.2.1 Orders Shortening Time An applicant must file all moving papers and pay appropriate fees at the time of making a request for an order shortening time. All orders shortening time shall contain a complete briefing schedule, including the date and time for filing the moving papers, the opposition, the reply and proofs of service, as well as the time and manner of service of all motion papers. [Adopted July 1, 2007, Rule 3.17 renumbered to 3.2.1 01/01/09] Rule 3.2.2 Failure to File Proof of Service of Notice of Motion Except for petitions to enjoin harassment and orders to examine judgment debtors, if a party fails to timely file a required proof of service in accordance with CRC 3.1300(c), a matter will be ordered off calendar unless opposition papers contesting the merits of the motion have already been timely filed. [Adopted July 1, 2007, Rule 3.18 renumbered to 3.2.2 01/01/09] Rule 3.2.3 Taking Motions Off Calendar (a) A moving party may take a motion off calendar by filing a written notice at least (5) court days prior to a scheduled hearing date. Failure to file a written notice may be deemed by the Court to be a violation of an order of the Court, punishable by monetary sanctions payable to the Court under Section 177.5 of the Code of Civil Procedure, as well as any other sanctions provided by law. (b) With regard to motions to compel discovery responses, parties shall notify the court in writing within twenty-four (24) hours of receipt of responses that make the motion moot. Failure to do so may constitute a waiver of sanctions sought in conjunction with the motion to compel. (c) If an amended pleading is properly filed and deems a demurrer, motion to strike, or motion for judgment on the pleadings moot, the demurring or moving party shall file a written notice at least (5) court days prior to the scheduled hearing date. Failure to do so may constitute a waiver of any right to seek sanctions. [Adopted July 1, 2007, Rule 3.19 renumbered to 3.2.3 01/01/09, subd (a)(b)(c) amended 01/01/12] Rule 3.2.4 Separate Motion Requirement (a) Every motion must be filed separately, except as stated herein. A motion for summary judgment may be filed with a motion for summary adjudication. Discovery motions to compel when there has been no response to the discovery request may be combined if they involve the same legal and factual issues. Requests for sanctions and stays are not considered “separate” motions when they are ancillary to another motion, except as otherwise required by statute. A request for dismissal is not considered a separate motion when combined with a motion for good faith settlement. However, all such “combined” motions are subject to the length restrictions imposed by the CRC 3.1113 for single motions. [Adopted July 1, 2007, Rule 3.20 renumbered to 3.2.4 01/01/09, amended 01/01/12] Rule 3.2.5 Joinders (a) For purposes of this section, a joinder is defined as a pleading by a party requesting to be included in relief granted or denied by the Court on a motion in which the party is not the original moving or responding party. A joinder may not include separate points and authorities or evidence, but will be deemed to incorporate the arguments and evidence submitted in connection with the motion, opposition, or reply to which the joinder relates. A joinder in a motion, opposition, or reply must be filed and personally served within two calendar days after service of papers to which the joinder relates. (b) A joinder should include only a brief statement of the basis for the joinder. If additional materials are necessary for the Court to grant the requested relief in favor of the party seeking to join in the motion or opposition, a separate motion, opposition, or reply must be filed. (c) A joinder in a motion does not relieve a party of its individual burden to establish separate entitlement to the relief requested, nor does it entitle the joining party to file a reply separate from that filed by the moving party, but the joining party may join in the reply. (d) The proper response to an improper joinder shall be by objection. [Adopted July 1, 2007, Rule 3.21 renumbered to 3.2.5 01/01/09] Rule 3.2.6 Evidentiary Objections (a) A party seeking to object to evidence offered in support of or in opposition to any motion shall either submit objections in writing or shall object on the record at the hearing prior to submission of the matter for decision. Any written objection shall be contained in a separate document, shall state the page and line number of the document to which objection is made, and state the grounds of the objection, in the same manner as a motion to strike evidence made at trial. Such written objections shall be filed and personally served no later than the close of business three (3) court days before the hearing. (b) Opposition and/or reply papers to separate motions may not be combined. [Adopted July 1, 2007, Rule 3.22 renumbered to 3.2.6 01/01/09] Rule 3.2.7 Particular Motions (a) In any case, where a bond or undertaking may be considered or is requested, a declaration must be submitted setting forth facts from which the Court may determine the appropriate amount of bond or undertaking. Failure to timely file such a declaration may result in a denial of the relief being sought. (b) Consolidation Motions: Consolidation motions shall be noticed for hearing in the department in which the earliest filed case is pending, absent a court order to the contrary. Whenever an order for consolidation of cases for all purposes is made, the Court shall designate one of the consolidated cases the master file. All later filed papers shall thereafter be placed in the master file, and all hearing dates will be noticed under the master file number. At the time of the order for consolidation, any hearing date, in any case other than the master file case, are vacated. The order for consolidation shall, on a separate page, list all case numbers, associated parties, and their counsel, if any. If more than two cases are consolidated and the master file is settled or dismissed, the consolidated cases will be noticed or dismissed in forty-five (45) days, unless the parties appear ex parte before the Court to reactivate the consolidated cases and designates a new master file. (c) Motions Requiring Separate Statements: The following motions shall include a separate statement identifying the elements of the various causes of action set forth in the complaint and setting forth evidence in support of each element: (1) Claim for Punitive damages against health care provider (Section 425.13 of the Code of Civil Procedure); (2) Claim against religious corporation for punitive damages (Code of Civil Procedure Section 425.14); (3) Claim against volunteer director or officer of nonprofit corporation (Section 425.14 of the Code of the Civil Procedure); (4) Opposing motions to strike in SLAPP suits (Section 425.16 of the Code of Civil Procedure); (5) Protective orders (Section 3295 of the Civil Code) (prima facie evidence of liability for punitive damages). The separate statement shall be in the form set forth in the CRC 3.1350. (d) Motions to Amend Pleadings or File Cross-Complaint: When filing a motion to amend a pleading or for leave to file a cross-complaint, the original signed proposed pleading shall be lodged with the Court when the moving papers are filed. If leave is granted, the proposed pleading will be filed by the Court and deemed served on all appearing parties as of the date of the ruling. All defaulted parties must be served with the amended pleading. (e) Motions to Quash Service: If a party wishes to proceed against a defendant who prevailed on a motion to quash service on grounds of procedural defects in the manner of service (rather than jurisdictional defects), the party shall re-serve that defendant within fifteen (15) days of the Court’s order, unless otherwise ordered. Failure to comply with this rule may result in dismissal of the new party, as well as imposition of sanctions as permitted by law. (f) Requests for Sanctions: When monetary sanctions are sought, a declaration must be submitted, setting forth the nature of the attorney work performed, the amount of attorney time expended, and the sum deemed to be a reasonable hourly rate for the serviced performed. (g) Good Faith Settlement Motions: The following language should be utilized in any formal order granting a good faith settlement motion: “The [unopposed] motion for good faith settlement [and dismissal] filed by [name of party] is granted pursuant to Section 877.6 of the Code of Civil Procedure. This determination bars any other joint tortfeasor or co-obligor from any further claims against the settling parties for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault.” If a concurrent motion for dismissal has been properly noticed, the following should be added to the order: “All cross-complaints for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault against the settling tortfeasor or co-obligator are hereby dismissed.” [Adopted July 1, 2007, Rule 3.27 renumbered to 3.2.7 01/01/09] Rule 3.2.8 Opposing and Reply Papers (a) A party who has not timely filed and served written opposition to a motion, demurrer, or petition may not present oral argument at the hearing, unless authorized by the Court. Failure to serve and file a written opposition may be deemed a waiver of any objection and an admission that the motion, demurrer, or petition is meritorious. (b) When a proof of service has not been executed by the time of opposing or reply papers are filed, the executed proof of service shall be filed within three (3) days after service has been completed except that a proof of personal service of reply papers may be brought to the hearing and filed at that time. [Adopted July 1, 2007, Rule 3.28 renumbered to 3.2.8 01/01/09] Rule 3.2.9 Conduct of Hearing Parties may submit matters without being personally present at a hearing only if they notify opposing counsel and the clerk prior to the date and time set for such matters. Failure to do so shall be deemed cause for ordering such matters off calendar or for ruling in the absence of the parties. [Adopted July 1, 2007, Rule 3.25 renumbered to 3.2.9 01/01/09] Rule 3.2.10 Orders After Hearing Orders after hearing shall refer to all matters covered by the Court, shall affirmatively state the result or relief, and shall specify if the ruling disposes of the entire case as to all parties. The introductory paragraph shall include the subject of the motion, demurrer, or petition, the date, time, department number, judge’s name, and names of the parties and attorneys who appeared. The order shall set forth all relief granted, including the Court’s stated reasons as well as the statutory grounds for the ruling, and shall not require reference to other documents. [Adopted July 1, 2007, Rule 3.26 renumbered to 3.2.10 01/01/09] Rule 3.2.11 Request to Substitute True Name A request to substitute the true name of a defendant for a fictitious-named defendant must be submitted in writing and must be accompanied by a proposed order. [Adopted January 1, 2022] Division 3 Ex Parte Relief Rule 3.3.0 Policy It is the policy of the Court to discourage unnecessary ex parte orders which may affect substantial rights of the parties. Ex Parte relief should be reserved for unavoidable emergency matters only. Therefore, whenever reasonable or practical, litigants are encouraged to use orders to show cause or noticed motions for contested hearings on the merits. [Adopted July 1, 2007, Rule 3.27 renumbered to 3.3.0 01/01/09, amended 01/01/09] Rule 3.3.1 Filing Fees, Case Number, and Hearing Date Filing fees must be paid, or an application of fee waiver must be filed, before an application for ex parte relief will be heard. All documents in support of an ex parte application must be filed twenty-four (24) hours prior to the time for hearing. [Adopted July 1, 2007, Rule 3.28 renumbered to 3.3.1 01/01/09, amended 01/01/17] Rule 3.3.2 Scheduling of Ex Parte Hearings A request for ex parte relief in a civil case assigned to a judge for all purposes will be heard by the judge so assigned. All other ex parte matters will be heard in the manner and at times ordered by the presiding judge. Moving party may contact the Civil Department at (760) 482-2240 to inquire as to dates for hearings on ex parte matters in specific departments. Ex parte applications will normally be ruled on in chambers without a reporter or parties present. [Adopted July 1, 2007, Rule 3.29 renumbered to 3.3.2 01/01/09, amended 01/01/13, 01/01/22] Rule 3.3.3 Ex Parte Orders Any order, judgment, or decree made by a judge ex parte must be in writing, signed by the judge, and filed and served within two (2) days thereafter or it may be voidable. [Adopted July 1, 2007, Rule 3.30 renumbered to 3.3.3 01/01/09] Division 4 Extraordinary Writs Rule 3.4.0 Procedure (a) In seeking traditional mandate, administrative mandamus, or prohibition relief, it is not necessary to obtain an alternative writ. A noticed motion procedure in compliance with Code of Civil Procedure § 1005 should be used whenever possible, and must be used if no alternative writ is sought, or where application for the alternative writ is denied by the court. (b) Where an alternative writ is sought in the first instance, the petition must be filed, fees paid and a judge assigned. Petitioner shall then proceed in the manner required for ex parte relief generally. [Adopted July 1, 2007, Rule 3.31 renumbered to 3.4.0 01/01/09] Rule 3.4.1 Assignment (a) Extraordinary civil writs and ex parte applications in connection therewith will be assigned in accordance with the direct calendaring system established by these rules, except as hereinafter indicated. (b) Petitions for writs of habeas corpus or mandamus by inmates, directed at county jail or state prison officials, will be assigned to the Supervising Criminal Judge (SCJ). (c) Where an application for extraordinary relief challenges a decision made by a judge to whom a case has been earlier assigned, the matter shall be assigned in accordance with the rules for the appellate division. [Adopted July 1, 2007, Rule 3.32 renumbered to 3.4.1 01/01/09] Division 5 Arbitration Rule 3.5.0 Cases Subject to Arbitration (a) All non-exempt unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff, and all limited civil cases, shall be submitted to arbitration under CCP 1141.10 et seq. (b) The determination as to whether to submit a case to arbitration shall occur at the case management conference. [Adopted July 1, 2007, Rule 3.33 renumbered to 3.5.0 01/01/09] Rule 3.5.1 Arbitration Administrator The arbitration administrator is the CEO or their designee. [Adopted July 1, 2007, Rule 3.34 renumbered to 3.5.1 01/01/09, amended 01/01/10] Rule 3.5.2 Exemptions to Arbitration Pursuant to CRC 3.811(b), the following categories of cases are exempt from judicial arbitration: (a) Limited civil cases in which no jury trial is demanded and the estimated time for trial is one day or less; (b) Collection actions (i.e., cases primarily seeking money on an assigned claim). [Adopted July 1, 2007, Rule 3.35 renumbered to 3.5.2 01/01/09] Rule 3.5.3 Arbitration Statement and Evidence At the time of the arbitration hearing, or at any other time designated by the arbitrator, each party or attorney shall, unless excused by the arbitrator, submit the following: (a) Copies of any offered pleading, arranged chronologically, and appropriately highlighted; (b) An arbitration brief consisting of: (1) A concise statement of facts; (2) Legal and factual contentions of each party; (3) A statement of damages sought to be awarded including the amount claimed, medical expense, and property damage; [Adopted effective July 1, 2007, Rule 3.36 renumbered to 3.5.3 01/01/09, amended 01/01/10] Rule 3.5.4 Settlement Conference If a party makes a timely request for a trial following an arbitration award, a settlement conference will be scheduled. If a case does not settle at the settlement conference, the case may be ordered to trial on the next available date. [Adopted July 1, 2007, Rule 3.37 renumbered to 3.5.4 01/01/09] Rule 3.5.5 Withdrawal of Request for Trial Following Arbitration Award If a party has requested a trial following an arbitration award, the request may be withdrawn by a written stipulation and the award entered as a judgment. If a party requesting a trial after arbitration award files a request for dismissal, such request for dismissal shall be deemed a withdrawal of the request for trial, and the clerk shall enter judgment on the arbitration award forthwith, unless all parties have consented to the request for dismissal. [Adopted July 1, 2007, Rule 3.38 renumbered to 3.5.5 01/01/09] Rule 3.5.6 Arbitrator’s Fees Arbitrators shall be paid $150 per case unless the Supervising Civil Judge authorizes a higher fee. [Adopted July 1, 2007, Rule 3.39 renumbered to 3.5.6 01/01/09] Division 6 [RESERVED] Rule 3.6.0 [Repealed] [Previously adopted July 1, 2009; renumbered to 3.6.0 01/01/09; Rule 3.6.0 repealed 01/01/10] Rule 3.6.1 [Repealed] [Previously adopted July 1, 2009; renumbered to 3.6.1 01/01/09; Rule 3.6.1 repealed 01/01/10] Rule 3.6.2 [Repealed] [Previously adopted July 1, 2009 renumbered to 3.6.2 01/01/09; Rule 3.6.2 repealed 01/01/10] Rule 3.6.3 [Repealed] [Previously adopted July 1, 2009; renumbered to 3.6.3 01/01/09; Rule 3.6.3 repealed 01/01/10] Rule 3.6.4 [Repealed] [Previously adopted July 1, 2009; renumbered to 3.6.4 01/01/09; Rule 3.6.4 repealed 01/01/10] Rule 3.6.5 [Repealed] [Previously adopted July 1, 2009; renumbered to 3.6.5 01/01/09; Rule 3.6.5 repealed 01/01/10] Division 7 Special Case Categories Rule 3.7.0 Judgment Debtor Examinations (a) Proof of Service: Proof of service of the Order to Appear for Examination must be filed no later than five (5) calendar days before the date of the hearing. However, if the proof of service is not filed five (5) calendar days before the hearing, but the person ordered to appear does appear and is ready to proceed, the Court has discretion to order the examination be conducted. (b) Appearance at Examination: Upon the call of the calendar, if the parties appear, the examination must proceed at once, unless a continuance is ordered by the Court. If the person ordered to appear does appear and the moving party fails to appear, the proceedings may, at the discretion of the Court, be continued to another day or be dismissed. (c) Nonappearance of Party to be Examined: If the party to be examined fails to appear at the time and place set for examination, a bench warrant may be issued requiring attendance forthwith, provided the moving party complies with subdivision “(d)” of this rule within thirty (30) days after the examination date. (d) Bench Warrants of Attachment: If a judgment debtor fails to appear for hearing as ordered, the judgment creditor may request issuance of a bench warrant of attachment. The judgment creditor must file with the clerk the following items before the bench warrant of attachment shall issue: (1) Sheriff’s instructions, fully completed, stating the location where the defendant may be served (forms available in Sheriff’s office, original only required); (2) Check made payable to the “Sheriff of Imperial County” for service fees; and (3) A bench warrant of attachment form. The above documents shall be filed within thirty (30) days of the order directing or granting the issuance of the bench warrant of attachment. (e) Continuances: One or more continuances of a judgment debtor examination may be allowed upon stipulation of all parties or their attorneys, joined in by the person or entity ordered to appear, if approved by the Court upon good cause shown. [Adopted July 1, 2007, Rule 3.46 renumbered to 3.7.0 01/01/09] Rule 3.7.1 Unlawful Detainer Proceedings (a) Judgment for Money Damages after Judgment for Possession of the Premises: When the plaintiff obtains a default judgment for possession of the premises, the case may be calendared for further hearing. In the alternative, a plaintiff may file a dismissal without prejudice as to the money damages, attorney fees and costs. (b) Redesignation of Case Where Possession is No Longer In Issue: The Plaintiff shall immediately notify the Court when possession is no longer in issue and request the matter be designated as a general civil matter. [Adopted July 1, 2007, Rule 3.47 renumbered to 3.7.1 01/01/09] Rule 3.7.2 Uninsured/Underinsured Motorist Actions (a) If a complaint includes an uninsured/underinsured motorist claim as defined under Section 68609.5 of the Government Code and Section 11580.2 of the Insurance Code, Plaintiff shall file a declaration stating the case is an uninsured/underinsured motorist case, the name of insurance carrier, and amount of coverage. The Court will suspend the time requirements and the action shall be stayed for a period of one hundred eighty (180) days. (b) A party who claims to be exempt from the stay and who desires to further prosecute the action shall object by noticed motion in the stayed action. Upon the expiration of the one hundred eighty (180) day stay period, the action shall be dismissed unless, upon noticed motion, good cause is shown to the contrary. If such motion is granted, the stay may be extended, but such an extension shall not exceed one hundred eighty (180) days. [Adopted July 1, 2007, Rule 3.48 renumbered to 3.7.2 01/01/09] Rule 3.7.3 Minors, Incompetents, Conservatees (a) Guardians Ad Litem: Due to potential conflicts of interest, parents asserting individual claims or defenses on their own behalf shall not serve as guardians ad litem for their minor children absent a Court order to the contrary. (b) Petition to Compromise: The person compromising the claim on behalf of a minor and the minor must be in attendance at the hearing, unless the Court orders otherwise. (c) Attorney’s Fees: Attorney’s fees shall not exceed twenty-five percent (25%) of the gross settlement. Attorney’s fees are not payable until the minor’s funds have been deposited in accordance with the Court’s order. (d) Blocked Account: If the order approving the petition for compromise includes a provision that the settlement proceeds will be placed in a blocked account, an order to deposit money will be made at the same time to an account specified. [Adopted July 1, 2007, Rule 3.49 renumbered to 3.7.3 01/01/09] Rule 3.7.4 Class Action Rules (a) Class Certification Conference: If the Court grants a motion for class certification, the Court will schedule a class certification conference within thirty (30) days to review the proposed notice to class members and will send notice of the same to all parties who have appeared in the case. (b) Proposed Notice to Class: Three (3) court days prior to the class certification conference, the prevailing party in a motion for class certification shall file with the Court and serve personally or by fax on the other appearing parties a proposed notice to the class of pendency of a class action, and a statement containing the following information: (1) The time when and manner in which notice should be given; (2) Any reasons why other parties should bear a portion of the cost and; (3) An estimate of the cost involved in giving notice. The proposed notice shall contain: (i) A brief explanation of the case, including basic contentions or denials of the parties; (ii) A statement that any member of the class who so requests by a specified date may “opt out”(be excluded from the class) of the action by giving notice; (iii) Information concerning how a class member who desires to “opt out” may give notice; (iv) A statement that the claims of a member who does not “opt out” will be terminated by the judgment in the action under the doctrine of res judicata; and (v) A statement any member who does not “opt out” may seek leave of Court to appear as a named class co-representative, upon good cause shown on noticed motion. (c) Dispensing with Notice: The Court has discretion to dispense with the notice requirement upon a proper showing, such as where only injunctive relief is sought. (d) Progress Conferences: Within ninety (90) days after the initial case management conference, the Court may, upon motion of any party, schedule a progress conference to discuss class issues, establish precedence of discovery, schedule hearings, review status of settlement discussions and/or discuss pretrial determination of class issues and other initial case management conference issues. (e) Attendance of Counsel: Counsel completely familiar with the case and possessing authority to enter into stipulations shall be present and fully prepared to discuss the issues outlined above. If counsel is not fully prepared, the Court may continue the hearing and impose sanctions against the offending attorney. If the hearing proceeds as scheduled, the orders made will not be subject to reconsideration due to counsel’s unfamiliarity with the case at the time of the hearing. At the conclusion of the conference, the Court shall make an order which embraces the stipulations, if any, of the parties. Additional progress conferences will be scheduled at the Court’s discretion. [Adopted July 1, 2007, Rule 3.50 renumbered to 3.7.4 01/01/09] Division 8 Miscellaneous Provisions Rule 3.8.0 Procedure Upon Death of Plaintiff Within ten (10) calendar days of receiving notice of the death of a plaintiff, counsel for the plaintiff shall file with the Court and serve upon all other parties in the action, a Notice of Death of the Plaintiff. Upon receipt of the notice, the Court shall suspend future consideration of the case for ninety (90) calendar days. The case shall be placed on a dismissal calendar to be heard ninety (90) days after the notice is filed unless: (a) The original case is consolidated with a new wrongful death action; (b) Good cause is shown upon written noticed motion to extend the time for dismissal; or (c) Plaintiff’s counsel moves to have the original action restored to active status. [Adopted July 1, 2007, Rule 3.51 renumbered to 3.8.0 01/01/09] Rule 3.8.1 Receivers (a) A proposed order appointing a receiver shall set forth the powers of the receiver and shall designate as precisely as possible the real and personal property subject to receivership and specify the rate of compensation of the receiver. (b) Employment of counsel by the receiver requires Court approval. An application for employment of counsel must set forth the attorney’s hourly rate and a good faith estimate of the number of hours the attorney will expend on behalf of the receivership estate. (c) Employment of a property manager requires Court approval. An application for employment of a property manager must set forth the property manager’s rate of compensation and a good faith estimate of the number of hours the property manager will expend on behalf of the receivership estate. (d) If the proposed property management company is affiliated with the receiver, full disclosure of the affiliation must be made to the parties and the Court. (e) Any money collected by the receiver and not expended pursuant to the receiver’s duties must be held in the receivership estate until Court approval of the receiver’s final report and discharge of the receiver, unless otherwise ordered by the Court. (f) Accountings filed in receivership proceedings shall set forth the beginning and ending dates of the accounting period and contain a summary of income, expenses, and capital outlays on a month-by-month basis. Receiver’s fees and administrative expenses, including fees and costs of property managers, accountants, and/or attorneys previously authorized by the Court shall be included in the summary, but separately stated. The summary shall be supported by appropriate itemized schedules and evidentiary foundations. [Adopted July 1, 2007, Rule 3.52 renumbered to 3.8.1 01/01/09] Rule 3.8.2 Confidentiality Agreements, Protective Orders, Sealed Documents (a) It is the policy of the Court that confidentiality agreements and protective orders are disfavored and should be recognized and approved by the Court only when there is a genuine trade secret or privilege to be protected. Such agreements will not be recognized or approved by the Court absent a particularized showing (document by document) that secrecy is in the public interest, that the proponent has a cognizable interest in the material (e.g., the material contains trade secrets, privileged information, or is otherwise protected by law from disclosure), and that disclosure would cause serious harm. (b) Sealed records may be viewed only by parties and their attorneys of record, unless the order sealing the records states otherwise. Sealed records may not be copied by persons authorized to view them, absent a court order to the contrary. [Adopted July 1, 2007, Rule 3.53 renumbered to 3.8.2 01/01/09] Rule 3.8.3 [Repealed] [Previously adopted July 1, 2007, Rule 3.54 renumbered to 3.8.3 01/01/09, Rule 3.8.3 repealed 01/01/22] Rule 3.8.4 Depositions Any deposition returned to court may be opened by the clerk at the request of either party, and the clerk shall note thereon at whose request it was opened, and file the deposition on the day it was received by the clerk. [Adopted July 1, 2007, Rule 3.55 renumbered to 3.8.4 01/01/09] Rule 3.8.5 Bankruptcy All parties to an action must promptly notify the Court in writing if during the litigation they become debtors in bankruptcy or if, to their knowledge, other parties to the litigation become debtors in bankruptcy. [Adopted July 1, 2007, Rule 3.56 renumbered to 3.8.5 01/01/09] Rule 3.8.6 [Repealed] [Adopted July 1, 2007, amended 01/01/09, Rule 3.57 renumbered to 3.8.6 01/01/09, subd (b) amended 01/01/12, adopted subd (j) 01/01/13, repealed 01/01/24] Rule 3.8.7 Default Attorney Fee Schedule (a) Whenever the obligation sued upon provides for the recovery of a reasonable attorney fee, the fee in each default case may be fixed pursuant to the following schedule: 25% of the first $1,000 (minimum fee of $150) 20% of the next $4,000 15% of the next $5,000 10% of the next $10,000 5% of the next $30,000 2% of the amount over $50,000 (b) In any case where an attorney claims he or she is entitled to a fee in excess of any of the above amounts, the attorney may apply to the Court therefore and present proof to support the claim. The Court shall determine a reasonable fee according to proof. [Adopted July 1, 2007, Rule 3.58 renumbered to 3.8.7 01/01/09] Rule 3.8.8 Civil Remote Appearances (a) Civil remote appearances must adhere to the guidelines set forth in Local Rule 2.21. (b) Remote Appearance Fee. Pursuant to Government Code 70630, the Court will charge a fee of $25 per remote appearance, per case. No refunds will be given to cancellations with less than two days’ notice or for those who fail to appear for their hearing. A $5 fee will be charged for any refund or cancellations requests. (c) Untimely Registrations. A late registration fee of $25 will be imposed in addition to the standard registration fee for untimely registrations ($25 remote fee + $25 late fee = $50). [Adopted January 1, 2024] Division 9 Small Claims Rule 3.9.0 Hearing Officer An appointed commissioner, referee or temporary judge shall hear and adjudicate small claims cases at any designated court location within Imperial County. [Adopted July 1, 2007, Rule 3.59 renumbered to 3.9.0 01/01/09] Rule 3.9.1 [Repealed] [Adopted July 1, 2007, Rule 3.60 renumbered to 3.9.1 01/01/09, repealed 01/01/12] Rule 3.9.2 Calendaring Appeals Small claims appeals must be filed at the court in which the small claims matter was heard. The Superior Court Appellate Division will assign a case number to all appeals, and assign the case for trial de novo on a rotational basis to one of the civil judges, in the same manner civil cases are assigned. (See Local Rule 8.3.0) [Adopted July 1, 2007, Rule 3.61 renumbered as 3.9.2 01/01/09, Rule 3.9.1 and 3.9.2 amended to 3.9.2 01/01/12] Rule 3.9.3 Required Personal Appearance A personal appearance is required for trials and hearings at which witnesses are expected to testify, except for appearances made in accordance with CCP 116.540. Telephonic appearances are not available in Small Claims Court. [Adopted January 1, 2012] Rule 3.9.4 Recalendaring of Unserved Small Claims Matters The clerk, on plaintiff’s ex parte request, may vacate the pending trial date and provide plaintiff a new trial date allowing sufficient time for service and notice provided that no defendant has been served with the original date. The clerk’s authority is limited to issuing one such extension, being the first one after the original hearing date. Such request for a new hearing date must be made no later than 3 court days before the original trial date. Continuance date will not be more than 45 days from the date of ex-parte request. [Adopted January 1, 2017]
Chapter 3 Civil Rules Division 1 General Provisions Rule 3.1.0 Policy It is the policy of the Court to manage cases in accordance with Sections 2.1 of the Standards of Judicial Administration contained in the Appendix to CRC. Nothing shall prevent the Court from making exceptions based on a specific finding that the interests of justice so require. However, no procedure or deadline, established by
Reviewer note: Composed 2026-10-07 (California T4 Imperial build 2026-10-07) from BenchPath custody ca/t4/ca-imperial/docs/local-rules/local-rules-july-2026_0.pdf (3481432 bytes, sha256 33be9789b4c6df80ff4fe8db77a59afeb07f113fa7a5f10b997301762552269a; 237 pages; this chapter is pages 16 to 31) with the shared verbatim composer (v2 reflow). The rules are printed in two columns and were read column by column (the composer's columns option; each column wraps at its own margin): the running header (Local Rules of Superior Court of California, County of Imperial) and the page numbers removed as chrome; the cover, the table of contents, the Local Forms Index, the reprinted local forms and the alphabetic index belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (read on the page; the proofs hold): the expert witness fee list of Rule 3.1.4 (b) and the fee schedule of Rule 3.8.7 (a) set one item per line. Review note: Published as printed (each read on the page): Rule 3.1.4 (c) reads “Parties will be permitted to designate call at trial.”; Rule 3.1.5's history note prints “3.1.401/01/09”; Rule 3.2.0's history note prints “01/01//24”; and Rule 3.5.3's list ends at item (3) with a semicolon. A review task records them.
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.