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Article VI (Civil Proceedings; Rules 6.1 to 6.20) for general civil cases: the delay reduction policy - Plan 1 (12 months), Plan 2 (18 months) and Plan 3 (24 months), every case presumed a Plan 1 case (Rule 6.4); alternative dispute resolution - mandatory mediation under Code of Civil Procedure section 1775 for unlimited cases up to $50,000 for each plaintiff and actions involving a public agency or public entity, case-by-case referrals, attendance of parties, counsel and insurers, and complaints about court-program mediators (Rules 6.4.1 and 6.4.2); the Case Management and Trial Setting Conference set within one hundred fifty (150) days of filing (Rule 6.5); service and proof of service within sixty (60) days of filing (Rule 6.6); requests for entry of default within ten (10) days after responsive pleadings are due (Rule 6.7); amended pleadings lodged (Rule 6.8); the Case Management Statement (form CM-110) filed at least five (5) court days before the first conference, with a Stipulation to Participate in Mediation (Rule 6.9); the conference and its orders (Rule 6.10); mandatory settlement conferences about six (6) weeks before trial, with briefs five (5) judicial days before and Form ADR-100 ten (10) court days before (Rule 6.11); motions in limine heard at the pre-trial conference (Rule 6.12); exhibits, judge's copies and the pre-trial conference about five (5) judicial days before trial, with its filings (Rules 6.13 to 6.15); witnesses (Rule 6.16); no court reporter in general civil cases (Rule 6.17); judicial arbitration of nonexempt unlimited cases up to fifty thousand dollars ($50,000) for each plaintiff (Rule 6.18); sanctions (Rule 6.19); and the attorney fee schedule for promissory notes and contracts (Rule 6.20).
California > Fourth Appellate District > Inyo County > Superior Court of California, County of Inyo
ARTICLE VI CIVIL PROCEEDINGS RULE 6.1 SCOPE OF CHAPTER This chapter applies to all general civil cases. "General Civil Case" means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, Uniform Parentage Act, and Uniform Child Custody Jurisdiction Act, freedom from parental custody and control proceedings, and adoption proceedings), juvenile court proceedings, small claims and small claims appeals, and "other civil petitions," including petitions for writ of mandate or prohibition, temporary restraining order, civil harassment restraining order, domestic violence restraining order, writ of possession, appointment of a receiver, release of property from lien, and change of name. (Adopted, effective January 1, 2002) RULE 6.2 DEFINITIONS (a) The term "counsel" includes parties representing themselves; and, (b) The term "defendant" also includes cross-defendants. (Adopted, effective January 1, 2002) RULE 6.3 TRANSFERRED CASES All cases transferred from another jurisdiction are subject to these rules. (Adopted, effective January 1, 2002) RULE 6.4 DELAY REDUCTION POLICY (a) It is the policy of this Court to conclude 90 percent of all civil litigation cases within 12 months of the filing of the Complaint. These cases shall be known as "Plan 1" cases. (b) It is the policy of this Court to conclude 98 percent of all civil litigation cases within 18 months of the filing of the Complaint. These cases shall be known as "Plan 2" cases. (c) It is the policy of this Court to conclude 100 percent of all civil litigation cases within 24 months of the filing of the Complaint. These cases shall be known as "Plan 3" cases. (d) All cases are presumed to be Plan 1 cases which shall be concluded within 12 months of filing of the Complaint, unless upon a showing of good cause, the Court grants an application to otherwise designate the action. General civil cases will only be exempted from the aforesaid delay reduction objectives and rules upon proper application and requisite showing of exceptional circumstances as provided by California Rules of Court, Rules 3.714 and 3.715. (e) It is the policy of this Court that once any date has been set, it cannot be changed without a showing of good cause. (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 6.4.1 ALTERNATIVE DISPUTE RESOLUTION (ADR) (a) Court ADR Policy It is the policy of this Court to secure a fair, timely, and efficient disposition of every civil case before it (Cal. Rules of Court, rule 3.700); to achieve a just and effective resolution of each general civil case through active management and supervision of the pace of litigation (Cal. Rules of Court, rule 3.713(c)); and to develop and implement processes and procedures to improve court operations and responsiveness to the public. (Cal. Rules of Court, rule 10.601(b)(6).) It has been well documented through numerous Judicial Council-sponsored pilot programs, Feasibility and Planning studies, and Implementation programs that the use of mediation is effective in meeting all of these objectives. Specifically, benefits included reductions in trial rates, case disposition time, and the courts’ workload; increases in litigant satisfaction with the court’s services; and decreases in litigant costs. It is therefore the policy of this Court to apply mediation where appropriate, however any utilization of ADR services shall have the prior approval of the court. (b) Mandatory Referrals The Presiding Judge has elected to apply the provisions of Code of Civil Procedure section 1775, et seq., to eligible cases, and to refer to mediation all cases of unlimited jurisdiction in which the amount in controversy does not exceed $50,000 for each plaintiff. In addition, any civil action in which a party to the action is a public agency or public entity, with the exception of child support cases, shall be referred to mediation. These referrals shall be mandatory, unless there is good cause to dispense with ADR. (c) Case-by-Case Referrals Further, this Court has elected to apply the provisions of Government Code section 68600, et seq., to identify all other civil cases that may be protracted or amenable to alternative dispute techniques, and to refer such cases to mediation after review at the Case Management and Trial Setting Conference, or any time thereafter. (See also Cal. Rules of Court, rule 3.722(a)); Cal. Rules of Court, rule 3.727(6).) (d) Attendance at the Mediation Session. (1) Parties. All named parties and their counsel are required to attend the mediation session unless excused under subsection 4 of this section. This requirement reflects the Court's view that the principal values of mediation include affording litigants the opportunity to articulate directly to other litigants and a neutral mediator their positions and arguments and to hear them first hand. Mediation also enables parties to collaborate in the search for mutually agreeable solutions. a. Corporation or Other Entity. A party other than a natural person (e.g., a corporation or an association) satisfies this attendance requirement if represented by a person (other than outside counsel) who has authority to settle and who is knowledgeable about the facts of the case. b. Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to settle, and who is knowledgeable about the facts of the case, the governmental unit's position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is brought by a governmental entity on behalf of one or more individuals, at least one such individual also shall attend. (2) Counsel. Each party shall be accompanied at the mediation by the lawyer who will be primarily responsible for handling the trial of the matter. (3) Insurers. Insurer representatives who are necessary are required to attend in person. (4) Request to be excused. A person who is required to attend mediation may be excused from attending in person only after demonstrating to the court that his or her personal attendance would impose an extraordinary or otherwise unjustifiable hardship, or upon stipulation with concurrence of the mediator. A person excused from appearing in person at the mediation session shall be available to participate by telephone. (5) Failure to comply with this rule may result in an award of attorney fees or sanctions pursuant to California Rules of Court, rule 2.30, Code of Civil Procedure, section 128.5, and Rule 6.19. (e) The ADR Administrator, under the guidance of the Presiding Judge, shall prepare and implement Mediation Program procedures as appropriate to fulfill the intent of this Rule. (Adopted, effective July 1, 2010) RULE 6.4.2 REQUIREMENTS FOR ADDRESSING COMPLAINTS ABOUT COURT-PROGRAM MEDIATORS (a) Application and Purpose. This rule is intended to promote the resolution of complaints that mediators in court-connected mediation programs for civil cases may have violated a provision of the rules of conduct for such mediators in article 2 of the California Rules of Court. They are intended to help the court promptly resolve any such complaints in a manner that is respectful and fair to the complainant and the mediator and consistent with the California mediation confidentiality statutes. (b) Definitions. As used in this rule, unless the context or subject matter requires otherwise: (1) “The rules of conduct” means rules 3.850-3.860 of the California Rules of Court. (2) “Court-program mediator” means a person subject to the rules of conduct under rule 3.851 of the California Rules of Court. (3) “Inquiry” means an unwritten communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct. (4) “Complaint” means a written communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct. (5) “Complainant” means a person who makes or presents a complaint. (6) “Complaint coordinator” means the person designated by the presiding judge under subsection (c)1 of this rule to receive complaints and inquiries about the conduct of mediators. (7) “Complaint committee” means a committee designated or appointed to investigate and make recommendations concerning complaints under subsection (d)4.b of this rule. (8) “Complaint procedure” means a procedure for presenting, receiving, reviewing, responding to, investigating, and acting on any inquiry or complaint. (9) “Complaint proceeding” means all of the proceedings that take place as part of a complaint procedure concerning a specific inquiry or complaint. (10) “Mediation communication” means any statement that is made or any writing that is prepared for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation, as defined in Evidence Code section 1115, and includes any communications, negotiations, and settlement discussions between participants in the course of a mediation or a mediation consultation. (c) Complaint coordinator. (1) Designation of the complaint coordinator. The presiding judge shall designate a person who is knowledgeable about mediation to serve as the complaint coordinator. (2) Identification of the complaint coordinator. The court shall make the complaint coordinator’s identity and contact information readily accessible to litigants and the public. (d) General requirements for complaint procedures and complaint proceedings. (1) Submission and referral of inquiries and complaints to the complaint coordinator. All inquiries and complaints must be submitted or referred to the complaint coordinator. (2) Acknowledgement of complaint. The complaint coordinator shall send the complainant a written acknowledgement that the court has received the complaint. (3) Preliminary review and disposition of complaints. The complaint coordinator shall conduct a preliminary review of all complaints to determine whether the complaint can be informally resolved or closed, or whether the complaint warrants investigation. (4) Procedure for complaints not resolved through the preliminary review. The following procedures are required only if a complaint is not resolved or closed through the preliminary review. a. Mediator’s notice and opportunity to respond. The mediator shall be given notice of the complaint and an opportunity to respond. b. Investigation and recommendation. The complaint shall be investigated and a recommendation concerning court action on the complaint shall be made by either an individual who has experience as a mediator and who is familiar with the rules of conduct stated in article 2 of the California Rules of Court or a complaint committee that has at least one such individual as a member. The presiding judge may waive the requirement for participation by an individual who has experience as a mediator in conducting the investigation and making the recommendation if the court cannot find a suitable qualified individual to perform the required functions or for other grounds of hardship. c. Final decision. The final decision on the complaint shall be made by the presiding judge or his or her designee, who shall not be the complaint coordinator or an individual who investigated the complaint before its submission for final decision. (5) Notice of final action a. The court shall send the complainant notice of the final action taken by the court on the complaint. b. If the complaint was not closed during the preliminary review, the court shall send notice of the final action to the mediator. (6) Promptness. The court shall process complaints promptly at all stages. (7) Records of complaints. The court shall maintain sufficient information about each complaint and its disposition to identify any history or patterns of complaints submitted under this rule. (e) Permissible court actions on complaints. After an investigation has been conducted, the presiding judge or his or her designee may do one or more of the following: (1) Direct that no action be taken on the complaint; (2) Counsel, admonish, or reprimand the mediator; (3) Impose additional training requirements as a condition of the mediator remaining on the court’s panel or list; (4) Suspend the mediator from the court’s panel or list or otherwise temporarily prohibit the mediator from receiving future mediation referrals from the court; or (5) Remove the mediator from the court’s panel or list or otherwise prohibit the mediator from receiving future mediation referrals from the court. (f) Confidentiality of complaint proceedings, information, and records (1) Intent. This rule is intended to: a. Preserve the confidentiality of mediation communications as required by Evidence Code sections 1115-1128; b. Promote cooperation in the reporting, investigation, and resolution of complaints about court-program mediators; and c. Protect mediators against damage to their reputations that might result from the disclosure of unfounded complaints against them. (2) Preserving the confidentiality of mediation communications. All complaint procedures and complaint proceedings shall be designed and conducted in a manner that preserves the confidentiality of mediation communications, including but not limited to the confidentiality of any communications between the mediator and individual mediation participants or subgroups of mediation participants. (3) Confidentiality of complaint proceedings. All complaint proceedings shall occur in private and shall be kept confidential. No information or records concerning the receipt, investigation, or resolution of an inquiry or a complaint may be open to the public or disclosed outside the course of the complaint proceeding except as provided in subdivision 4 of this section, or as otherwise required by law. (4) Authorized disclosures. After the decision on a complaint, the presiding judge, or a person whom the presiding judge designates to do so, may authorize the public disclosure of information or records concerning the complaint proceeding that do not reveal any mediation communications. The disclosures that may be authorized under this subdivision include the name of a mediator against whom action has been taken under this rule, the action taken, and the general basis on which the action was taken. In determining whether to authorize the disclosure of information or records under this subdivision, the presiding judge or the designee shall consider the purposes of the confidentiality of complaint proceedings stated in subdivisions (1)(b) and (1)(c) of this section. (5) Disclosures required by law. In determining whether the disclosure of information or records concerning a complaint proceeding is required by law, the court shall consider the purposes of the confidentiality of complaint proceedings stated in subdivision (1) of this section. If it appears that the disclosure of information or records concerning a complaint proceeding that would reveal mediation communications is required by law, before the information or records are disclosed, notice shall be given to any person whose mediation communications may thereby be revealed. (g) Disqualification from subsequently serving as an adjudicator. A person who has participated in a complaint proceeding or otherwise received information about the substance of a complaint, other than information that is publicly disclosed under subdivision (f)4 of this rule, must not subsequently hear or determine any contested issue of law, fact, or procedure concerning the dispute that was the subject of the underlying mediation or any other dispute that arises from the mediation as a judge, an arbitrator, a referee, or a juror, or in any other adjudicative capacity, in any court action or proceeding. (h) Privilege to serve as a court-program neutral. Inclusion on a court list of ADR neutrals and eligibility to be recommended, appointed, or compensated by the court to serve as a neutral are privileges that are revocable and confer no vested right on the neutral. (Adopted, effective July 1, 2010) RULE 6.5 FILING OF THE COMPLAINT Upon filing a Complaint, the Plaintiff shall receive the following from the Clerk: (a) Summons and Complaint indicating the case number; (b) Notice and date of the Case Management and Trial Setting Conference, which will be set within one hundred fifty (150) days of the filing of the original Complaint; (c) A blank Case Management Statement (form CM-110). (Any Cross-Complainant naming new parties will also be served with a blank Case Management Statement (form CM- 110)); and, (d) ADR Information Package, containing a blank Stipulation to Participate in Mediation. (Adopted, effective January 1, 2002; As Amended July 1, 2024) RULE 6.6 SERVICE OF SUMMONS, COMPLAINT, AND NOTICE OF CASE MANAGEMENT AND TRIAL SETTING CONFERENCE (a) At the time of serving the Summons and Complaint (and a Cross-Complaint upon a new party), the responding party shall be served with the Notice of the Case Management and Trial Setting Conference, a blank Case Management Statement (form CM-110), and a blank Stipulation to Participate in Mediation. (b) Within sixty (60) days of filing, the Complaint must be served and a proof of service filed with the Court. When a complaint is voluntarily amended for the first time, pursuant to CCP § 472, before the Defendant answers (even after demurrer), the time herein shall run from the file date of the amended Complaint. (c) Upon failure to serve the Complaint and file a proof of service as required above, an Order to Show Cause may issue as to why sanctions should not be imposed for failure to comply with this Rule. Responsive papers to the Order to Show Cause must be filed and served five (5) days in advance of the hearing. (Adopted, effective January 1, 2002; Amended, effective July 1, 2024) RULE 6.7 RESPONSIVE PLEADINGS (a) Each party served shall file and serve all necessary responsive pleadings within the time required by law. (b) Absent the filing of the responsive pleadings, the Plaintiff is required, within ten (10) days after the statutory time for filing the responsive pleadings, to request the entry of default, as herein provided. Failing that, an Order to Show Cause will issue as to why sanctions should not be imposed. Responsive papers to the Order to Show Cause must be filed and served five (5) days in advance of the hearing. (c) After a request for entry of default is filed, the Court will set and notice the case for default hearing. In lieu of appearance and in an appropriate case, a declaration under Code of Civil Procedure § 585 may be submitted. (d) Default hearings and judgments need not be pursued in multi-defendant cases until the entire action against all responding defendants has concluded. (e) Parties may seek to set aside a default by a stipulation submitted with a proposed Order. If the Court approves the Order, an Answer or other responsive pleading must be filed within ten (10) days of the filing of the Order. (Adopted, effective January 1, 2002) RULE 6.8 MOTIONS TO AMEND PLEADINGS Proposed amended pleadings shall be separately lodged with the Clerk for potential filing, with a true and correct copy attached as an exhibit to the moving papers. (Adopted, effective January 1, 2002) RULE 6.9 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE AND ADR STIPULATION Each appearing party shall file and serve a completed Case Management Statement (form CM-110) at least five (5) court days before the first Case Management and Trial Setting Conference. Each party subject to Rule 6.4.1(b) shall file a completed Stipulation to Participate in Mediation along with the Case Management Statement (form CM-110). (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 6.10 CASE MANAGEMENT AND TRIAL SETTING CONFERENCE (a) Counsel for each appearing party shall attend the Case Management and Trial Setting Conference, unless the parties have arranged with the Court's Calendar Clerk, at least two days prior to the conference, to have the conference conducted by telephone. Such arrangements for a telephone conference shall be confirmed in writing, specifying which counsel will be appearing telephonically, what telephone number they will be communicating from, and who will be responsible for making conference call arrangements. (b) Counsel appearing at the Case Management and Trial Setting Conference shall be familiar with the case, prepared to discuss all matters, and commit to the setting of a trial date, and other pre-trial settings. Counsel who fails to attend or participate shall be subject to sanctions. (c) At the Case Management and Trial Setting Conference, the Court may make all appropriate pre-trial orders, including, but not necessarily limited to, the following: (1) Dismiss Defendants, with the exception of DOE defendants. Orders dismissing defendants, fictitious cross-defendants, served and unserved defendants and cross-defendants who have not appeared and against whom no default has been taken, unless the Court for good cause otherwise orders and sets a date by which they shall be served; (2) Make Orders on stipulations to binding arbitration, judicial arbitration, set the date for completion of the arbitration and filing of the award, and/or set a future status conference date for referral to arbitration. The Court and parties shall examine and consider alternative dispute resolution programs and procedures available to the parties; (3) Upon stipulation or the Court's determination that it is reasonably probable that the amount in controversy will not exceed $25,000, make Orders transferring and/or designating the case as a "Limited Civil Case" within the meaning of California Code of Civil Procedure §§ 85 et. seq.; (4) Make Orders establishing a plan regulating the timing, scope, issues, and deadlines for completing any remaining discovery; (5) Make Orders scheduling the exchange of information relating to expert witnesses required under Section 2034.210 of the Code of Civil Procedure and depositions of expert witnesses unless the parties stipulate that no expert witnesses will be called. The Court shall closely examine a claim that multiple expert witnesses are required; (6) Make Orders scheduling dates by which law and motion matters must be completed; and, (7) Make Orders setting further interim case management/status conferences, setting the mandatory settlement conference, pre-trial conference, and the trial date. (8) Make Orders for cases subject to mandatory mediation pursuant to Rule 6.4.1(b), set date for completion of mediation, and/or set a future status conference date. (9) Upon the Court’s determination that the case may be protracted or amenable to alternative dispute techniques and thus appropriate for referral to mediation pursuant to Rule 6.4.1(c), make Orders, set date for completion of mediation, and/or set a future status conference date. (d) Failure to file cross-complaints shall not be considered a valid ground for enlarging the time for trial, arbitration or other processes. Untimely cross-complaints shall, in most cases, be served so as not to delay the orderly processes of the court. (e) Counsel for cases subject to mandatory mediation pursuant to Rule 6.4.1(b) who have not filed their Stipulation to Participate in Mediation, or Counsel for cases subject to Rule 6.4.1(c) who object to referral to mediation, must show cause, or be subject to Sanctions under California Rules of Court, rule 2.30, Code of Civil Procedure, section 128.5, and Rule 6.19. (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 6.11 MANDATORY SETTLEMENT CONFERENCE (a) As to all cases, Mandatory Settlement Conferences shall be set approximately six (6) weeks prior to the trial, or at such other date the Court determines to be appropriate. In selecting a date for the Settlement Conference, the Court will consider the needs of the party to conduct discovery and to otherwise be prepared to engage in a meaningful settlement conference. The settlement conference will be set sufficiently prior to trial so to avoid the potential of unnecessarily obtaining the assignment of a visiting trial judge, and/or the issuance of summons to prospective jurors. The Settlement Conference will also be set on a date which in the Court's opinion promotes the orderly calendaring of the Court's business and promotes judicial efficiency and economy. (b) Settlement Conferences are mandatory and require personal appearances of all attorneys and self-represented litigants who will be actually trying the case. Personal appearances are also mandatory for all parties. In those cases where a party is represented by an insurance carrier, or in any tort case wherein a party who might be liable for damages has insurance coverage, a representative of that carrier must also be present, who is authorized to make all decisions regarding the case, unless excused by the judge. Where such an excuse has been granted, such representative must be immediately accessible by telephone at all times during the conference. Corporate parties and governmental entities must be represented by a responsible officer in addition to and separate from counsel for such parties, who are authorized to make all decisions regarding the case, subject only to the approval of any governing board having the ultimate power to make such decisions. (c) Each party shall serve and file at least five (5) judicial days prior to the Settlement Conference, a settlement conference brief including a statement identifying the parties and their attorneys, a statement of facts, injuries, damages, legal issues and contentions, and a statement as to the status of settlement negotiations between the parties to date. (d) The failure of any person to appear at, prepare for, or participate in good faith in a mandatory settlement conference, in conformity with the requirements of these rules, unless good cause is shown for such failure, is an unlawful interference with the proceedings of the Court and may result in sanctions. (e) For those cases previously referred to or stipulating to mediation, at least ten (10) court days prior to the Settlement Conference, the parties shall file a Statement of Agreement or Non-agreement, Form ADR-100. Parties who fail to file the Statement will be subject to sanctions at an Order to Show Cause hearing. (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 6.12 MOTIONS IN LIMINE Generally the Court summons jurors for individual trials. It is the policy of the Court to minimize delay and inconvenience for prospective jurors and trial jurors. Absent leave of Court, upon a showing of good cause, all motions in limine shall be heard at the Pre-trial Conference, be in writing, and are to be served and filed at least five (5) judicial days prior to the Pre-trial Conference. (Adopted, effective January 1, 2002) RULE 6.13 INSPECTION OF EXHIBITS Prior to the Pre-trial Conference, attorneys and self-represented litigants for all parties shall have personally inspected all pre-marked exhibits which are intended by the attorneys and self-represented litigants to be used at the time of trial. (Adopted, effective January 1, 2002; Amended July 1, 2024) RULE 6.14 SUBMISSION OF JUDGE'S COPY OF PLEADINGS AND EXHIBITS On a case by case basis, the Court may direct the parties to lodge with the Court an additional copy of any or all pleadings and exhibits, so that the same may be used by the Court. (Adopted, effective January 1, 2002) RULE 6.15 PRE-TRIAL CONFERENCE (a) The Court shall set a pre-trial conference date approximately five (5) judicial days prior to the date of trial. Personal appearances are mandatory for all attorneys representing the parties, and who will actually be trying the case. (b) At least five (5) judicial days prior to the pre-trial conference, counsel shall have served, exchanged, and filed with the Court the following: (1) A proposed short statement of the case to be read to the jury. Counsel shall meet and confer and make a good faith effort to submit an agreed upon joint statement of the case. (2) Any proposed voir dire questionnaires; (3) A witness list containing a brief statement of anticipated testimony of each witness; (4) A list of pre-marked exhibits to be used at trial; (5) Requested CACI and special jury instructions; (6) Proposed verdict forms, and in any case where special verdicts or findings will be required, proposed form of any special verdicts or interrogatories which will be required for the resolution of the case; (7) Any in limine motions; and, (8) A Pre-trial Conference Brief which includes an estimate as to the length of trial, a statement of the facts, law and respective contentions of the parties regarding liability, damages, nature and extent of injuries, any unusual evidentiary or legal issues anticipated at trial, and all matters of fact believed by any party to be appropriate for stipulation. (c) Transcripts of all depositions which will be utilized during the trial shall be lodged with the Clerk of the Court prior to or at the time of the Pre-trial Conference. The Court will utilize the lodged deposition, and it is counsel's responsibility to provide sufficient copies for use by counsel and the witness, if desired. (Adopted, effective January 1, 2002; Amended, effective July 1, 2010) RULE 6.16 WITNESSES Once trial is commenced, each party shall have witnesses available to utilize to the fullest extent possible every trial day. (Adopted, effective January 1, 2002) RULE 6.17 COURT REPORTER The Court neither provides nor arranges for the services of a court reporter in general civil cases. (Adopted, effective January 1, 2002) RULE 6.18 JUDICIAL ARBITRATION The court hereby adopts the provisions of subdivision (b) of section 1141.11 of the California Code of Civil Procedure. The court determining that it is in the best interests of justice, all nonexempt, unlimited civil cases shall be submitted to arbitration as provided in Chapter 2.5 of the California Code of Civil Procedure and this court’s Local Rules of Court, if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff. This court also adopts the provisions of subdivision (a) of section 1775.3 of the California Code of Civil Procedure, allowing for the submission of the matter to mediation as otherwise provided by this court’s Local Rules of Court, including, but not necessarily limited to, the provisions of Rule 6.4.1 herein above. (Adopted, effective January 1, 2002; Amended, effective July 1, 2010) RULE 6.19 SANCTIONS If the Court finds that any party has not proceeded with due diligence or has otherwise failed to comply these Rules, sanctions may be imposed. (Adopted, effective January 1, 2002) RULE 6.20 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS (a) In actions on promissory notes and contracts providing for the payment of attorney fees, whenever a prevailing party is entitled to the recovery of reasonable attorney fees, the following schedule shall be considered by the court, in its discretion, in awarding attorney fees: (1) Default Action. Exclusive of costs and interest, a. Twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages; b. Twenty percent (20%) of the next four thousand dollars ($4,000); c. Fifteen percent (15%) of the next four thousand dollars ($4,000); d. Ten percent (10%) of the next ten thousand dollars ($10,000); e. Five percent (5%) of the next thirty thousand dollars ($30,000); and, f. Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000). (2) Contested Action. The same amount as computed under paragraph (A)(1), increased by such compensation computed on an hourly or per-day basis for any additional research, general preparation, trial or other services as may be allowed by the court. (b) Where a defendant is the prevailing party, the fees shall be fixed by reasonable compensation computed on an hourly or per-day basis for research, general preparation, trial or other services rendered. (c) Where a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk’s judgment, the Clerk shall include attorney fees computed pursuant to the fee schedule contained in this Rule. (d) In any case where a party claims fees in excess of those allowed by this Rule, application for attorney fees shall be made to the court, supported by declarations setting forth the legal and factual basis for the claimed attorney fees. The fees shall thereupon be fixed by the court. (Adopted, effective July 1, 2010)
ARTICLE VI CIVIL PROCEEDINGS RULE 6.1 SCOPE OF CHAPTER This chapter applies to all general civil cases. "General Civil Case" means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, Uniform Parentage Act, and Uniform Child Custody Jurisdiction Act, freedom from parental custody and control proceedings, and adoption proceedings
Reviewer note: Composed 2026-10-07 (California T4 Inyo build 2026-10-07) from BenchPath custody ca/t4/ca-inyo/docs/local-rules/inyo-local-rules-court-7-1-2025-final.pdf (2192390 bytes, sha256 a6aa75be2cec1e4f127ddf327214b9c900e83376971d9542c1aaafb652cc7684; 68 pages) with the shared verbatim composer (v2 reflow). The rules (pages 6 to 56) were composed once and cut at each article heading (the book's two title lines and the twelve articles rejoin to the whole): the running header (Local Rules of Court - Inyo County Superior Court (Rev. 7-1-2025)-) and the page numbers removed as chrome; one word struck through in two places (Rule 9.4) taken out as deleted text (the composer's strike_out; custody review/strike-report-2026-10-07.txt); the cover, the table of contents and list of currently effective rules, and Appendix I (the alternative dispute resolution forms) belong to no article 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. Review note: Published as printed: Rule 6.4.1 (c) ends “(See also Cal. Rules of Court, rule 3.722(a)); Cal. Rules of Court, rule 3.727(6).)”, and Rule 6.20 (a)(2) refers to “paragraph (A)(1)” for paragraph (a)(1).
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.