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Chapter 3 (Rules 3.1 to 3.13): the clerks' offices open 8:00 a.m. to 4:00 p.m. (3.1); papers presented for filing under CRC §§ 2.100 and 3.1110 through 3.1115, self-contained judgments and orders, and a form of order with every motion, petition or demurrer (3.2); an original and one copy of the proposed judgment, decree or order in uncontested matters presented no later than four (4) court days before the hearing (3.3); orders filed immediately, an endorsed copy with proof of service filed not later than five calendar days before the hearing (3.4); ex parte applications - uncontested ones submitted to the clerk at any time (one submitted after 12:00 P.M. (noon) unlikely to be reviewed that day), contested ones heard at 3:30 p.m. daily in department one and scheduled with its judicial assistant by 9:00 a.m. of the preceding court day, copies two (2) hours before the hearing, orders shortening or continuing time, re-applications after denial and stipulated judgments (3.5); the court-connected mediation program - the Civil Action Mediation Program for general civil cases under $50,000 for each plaintiff, the mediator chosen within 15 days from a list of not less than three (3), mediation completed within 60 days, voluntary and court calendar mediation, panel mediators, the first two (2) hours at no cost and a fee not to exceed $200 per hour by written agreement, and complaints (3.6); media coverage and recording only with the judge's permission (3.7); nunc pro tunc orders correcting clerical errors (3.8); toxic and hazardous materials and firearms in the courtroom (3.9); court reporters for all proceedings except traffic, small claims, misdemeanor, limited civil and unlawful detainer matters, and a certified reporter provided and paid for by the party otherwise (3.10); interpreters - notice at least five (5) days before the hearing where the law requires one, ten (10) days in all other cases (3.11); the appointment of an elisor by request for order with a supporting declaration and a proposed order (3.12); and court appointed attorney fees - applications no more often than once every 30 days and no later than 60 days after disposition, three case classes and their experience requirements, and rates of $120.00, $95.00 and $80.00 per hour (3.13).
California > First Appellate District > Lake County > Superior Court of California, County of Lake
CHAPTER 3 GENERAL 3.1 Clerks' Offices - Hours of Operation (eff. 1/1/2009) The hours of operation of the Clerks' Offices are determined by the judges and are currently set at 8:00 a.m. to 4:00 p.m. Hours of operation are subject to change with prior notification to the public. (eff. 1/1/2009) 3.2 Papers Presented for Filing (eff. 1/1/2009) All documents presented for filing must comply with California Rules of Court (CRC) in particular CRC §§ 2.100, 3.1110 through 3.1115. A. Each judgment or order submitted to the court shall be self-contained; that is, it may not incorporate by reference any instrument or document that is not made a physical part of the judgment or order itself. B. The moving party on any motion, petition or demurrer shall provide a form of order, ruling, or judgment consistent with the relief requested in the moving papers. This form is to be provided at the same time that the motion, petition or demurrer is presented to the court. (eff. 1/1/2009) 3.3 Proposed Judgments, Decrees, and Orders in Uncontested Matters (eff. 6/30/91 amd. 1/1/2009) In uncontested proceedings (e.g., uncontested dissolution of marriage, default judgment, and routine probate applications), an original and one copy of the proposed judgment, decree or order sought in the proceeding shall be presented to the clerk’s office no later than four (4) court days prior to the calendared hearing date. The clerk will not place the matter on calendar unless the original and copy of the proposed judgment, decree or order has been presented. The copy mentioned in this requirement is in addition to any copy which counsel desire to have endorsed and returned to counsel by the clerk. (eff. 6/30/91 amd. 1/1/2009) 3.4 Filing and Service of Orders (eff. 6/30/91 amd. 1/1/2009) All written orders, including orders to show cause, orders for examination of judgment debtors, temporary restraining orders and injunctions, signed by a judge, shall be filed immediately with the clerk. An endorsed copy shall be served upon the parties to be notified and an endorsed copy, bearing proof of service, shall be filed not later than five calendar days prior to the hearing. (eff. 6/30/91 amd. 1/1/2009) 3.5 Presentation of Ex Parte Applications to Presiding Judge (eff. 6/30/91, amd. 7/1/2009) California Rules of Court § 3.1200 - 3.1207 govern ex parte applications and orders in civil cases. Unless otherwise specified, the provisions of this Local Rule shall apply to all other ex parte matters. A. Uncontested ex parte applications, or ex parte applications supported by a showing of good cause for lack of prior notice, may be submitted to the clerk of the court at any time, for presentation to the court. The court will attempt to review all such matters expeditiously, but it is unlikely that any ex parte request submitted after 12:00 P.M. (noon) for consideration without a hearing will be reviewed by the court on the day of submission. B. For ex parte matters that are contested that otherwise require appearances, hearings will be conducted at 3:30 p.m. daily, in the courtroom or chambers of department one as the court deems appropriate. Such matters must be scheduled for hearing by the department one judicial assistant as early as possible before the requested hearing, but not later than 9:00 a.m. of the preceding court day unless good cause is shown. The applicant is responsible for contacting the judicial assistant to schedule the hearing, and for giving notice thereof. C. Copies of the application or moving papers must be submitted to the court no later than two (2) hours prior to the scheduled time of the hearing; and copies of any responding papers should be submitted prior to the hearing if possible. D. The court may conduct informal ex parte hearings as it deems appropriate. Ex Parte Communication with the Court The court will not consider any ex parte communications from counsel or unrepresented parties unless made in the manner prescribe by these rules, by the California Rules of Court, or by the laws of this State. Ex Parte Request for Order Shortening or Continuing Time A. A request for an order shortening time for service, hearing or a continuance of a scheduled hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice. B. If such an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party’s attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing. C. If the responding party’s attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice. Re-Application After Denial of Ex Parte Application When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge is was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion. Ex Parte Application Re Stipulated Judgments Unless a stipulation that authorizes the rendering and entry of judgment, or that authorizes the termination of a stay of execution upon failure to perform specified conditions, also includes an express or implied waiver of notice, an application to render or for entry of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be made on noticed motion. Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the allege failure to perform; and the substance of the order requested. (eff. 6/30/91, amd. 7/1/2009) 3.6 Court-Connected Mediation Program (eff. 1/1/2009, amd. 7/1/2015) A. Policy. All long cause civil cases should participate in some type of meaningful alternate dispute resolution process, including forms of arbitration and/or mediation, prior to the setting of the case for trial. B. California Civil Mediation Act Program. The court has opted into the Civil Action Mediation Program. This program is conducted pursuant to CCP sections 1775-1775.16 and California Rules of Court, 3.890-3.898. 1. Ordered mediation. All cases which are eligible for the Civil Action Mediation Program shall be ordered to participate in mediation. All general civil cases, involving an amount in controversy of less than $50,000 for each plaintiff, shall be ordered to mediation unless judicial arbitration is ordered. 2. Voluntary mediation. In cases which are not eligible for the Civil Action Mediation Program, by reason that the case I other than a general civil action under the rules or exceeds the limit on the amount in controversy, the court encourages the parties to participate in voluntary mediation pursuant to this program. The court shall order mediation in these cases upon the agreement of the parties to participate in mediation under the program. 3. Selection of Mediator. The parties shall agree on the selection of a mediator within 15 days of the date an action is ordered to mediation. The ADR Program Coordinator shall provide a list of not less than three (3) mediators from the court’s panel of mediators within 10 days after the case has been assigned to mediation. The parties shall notify the ADR Program Coordinator which mediator is selected. In the event the parties do not timely agree on the selection of a mediator, the court shall appoint a mediator. 4. Completion of Mediation. The parties shall agree on a date for mediation acceptable to the mediator within 15 days after the selection or appointment of the mediator. In the event the parties fail to do so, the mediator shall select a date for mediation that will accommodate the completion of mediation in accordance with the requirement that mediation be completed within 60 days of the selection or appointment of the mediator unless that time period is extended for good cause. C. Voluntary Civil Action mediation Program. In civil cases which are not assigned for judicial arbitration or the Civil Action Mediation Program, the court strongly encourages the parties to participate in voluntary mediation as the form of alternate dispute resolution prior to the time the action is set for trial. 1. Order. Upon the agreement of the parties, the court will order mediation to be conducted in any long cause civil action in conformity with the terms of the agreement of the parties. 2. Agreement. The parties shall agree on the mediation provider, individual or entity, and any terms for the conducting of the mediation to be ordered by the court to effect timely and meaningful mediation in the particular case. D. Court Calendar Mediation Program. As to short cause civil cases set for trial or hearing before the court, the court strongly encourages the parties to participate in voluntary mediation prior to the trial or hearing. The court plans, as resources permit, to make voluntary mediation available to parties on the day of the short case trial or hearing. E. Panel Mediators. The court shall maintain a list of persons who are eligible to be selected as mediators and to conduct mediations in the court connected mediation programs set forth above. In order to be listed as a panel member, a written application must be submitted in the form required by the court and the persons must be determined to be qualified to act as a mediator. A mediator may be qualified and appointed to the panel by the ADR Program Coordinator or the Presiding Judge of the court. The court shall set the qualifications for listing on the court panel. These requirements shall, at a minimum, include the Model Qualification Standards for Mediations In Court Connected Mediation Programs as issued by the Administrative Office of the Courts. F. Mediators. All mediators conducting court connected mediation shall be subject to compliance with the procedures and rules of conduct for mediation of civil cases in court mediation programs. CRC 3.835-3.860. Each mediator shall execute a written agreement for providing mediation services in the form required by the court. No person shall act as a mediator that has not been appointed to the panel and executed the written agreement, except those mediators specifically selected and agreed to by the parties in conformity with these rules. G. Mediation Fees. In cases which involve civil action program court connected mediation with a panel mediator, the parties shall receive the first two (2) hours of actual mediation at no cost to the parties. The mediator may not consider preparation time as part of the two no fee hours nor may the mediator later charge for preparation time. Prior to the commencement of mediation, the mediator must present to the partiese and the parties execute a written agreement to pay a fee, not to exceed $200 per hour, for time incurred after the end of the two no fee hours. If such a written agreement is not executed byt the parties, the parties will not be responsible for any fee charged by the mediator. The fee charged by the mediator pursuant to the written agreement of the parties shall be allocated equally, unless agreed otherwise. H. Complaints. Any inquiry or complaint regarding court connected mediation or mediators shall be managed in accordance with the applicable rules of court. CRC 3.856-3.872. The person appointed by the court as the ADR Program Coordinator is designated as the Complaint Coordinator, whose identity and contact information may be obtained from the clerk of the court. I. Application of Rules. These rules do not apply to mediation provided by the court, through Family Court Services, for the mandatory mediation of child custody and visitation issues pursuant to applicable provisions of the Family Code. (eff. 1/1/2009, amd. 7/1/2015) 3.7 Media Coverage (eff. 1/1/2009) A. The use of photographic, video or audio recording or transmission equipment in the courtroom is prohibited without advanced permission by the judge. Violators are subject to contempt of court (CRC § 1.150) and/or confiscation of the device(s). B. Television cameras, video cameras and/or camera operators, still photographers, media reporters or any combination thereof shall not block corridors, block access to any court or hearing room, block the ingress or egress to and from the courthouse, block stairwells or block handicap ramps. C. Any and all video, cell phone and other photography through courtroom windows or into the courtroom from the hallway is subject to the same restrictions that apply to the use of cameras in the courtroom and shall require prior approval by the judge of the affected courtroom. (See California Rules of Court § 1.150) D. Court security personnel shall enforce this rule by moving any offending media personnel to the lobby areas of the courthouse when such move is consistent with the intent of this rule. Should any representative of the media continue to violate this rule, court security shall direct the offending media personnel to leave court property. Nothing in this rule shall affect the authority of law enforcement personnel to enforce laws under their jurisdiction. (eff. 1/1/2009) 3.8 Nunc Pro Tunc Orders Correcting Errors (eff. 1/1/2009) A. If a minute order, judgment, or decree fails to correctly state the order actually made by the court or contains a clerical error, the court will on its own motion make a nunc pro tunc order correcting the mistake. If such a correction is requested by a party it must be supported by an ex parte application and declaration. B. If the nunc pro tunc order does not take the form of a completely amended order reflecting its nunc pro tunc character, it should be substantially in the following form: “On motion to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected nunc pro tunc by striking the following: (set forth the matter to be eliminated) and by inserting in lieu thereof the following: (set forth the correct matter).” C. To prevent further errors, nothing less than a complete clause or sentence should be stricken, even if it is intended only to correct one word or figure. (eff. 1/1/2009) 3.9 Toxic and Hazardous Materials; and Firearms (eff. 1/1/2009) A. Toxic, hazardous or potentially hazardous materials are not permitted in the courtroom without first obtaining permission from the court. Counsel’s request must address the following: 1. A list of the technical and street names of said materials. 2. The types and size of the containers to be utilized for the materials. 3. The name of the person who will transport the materials into the courtroom and the name of the person who will remove the materials. 4. Where the materials will be stored, and the conditions under which the materials will be stored, viewed or handled. 5. An explanation as to why the material is hazardous or potentially hazardous and the remedies to be followed in the event of a spill, leak or other accident. 6. An explanation as to why the introduction of the materials into evidence must be accomplished by their physical presence in the courtroom, rather than proof of their existence by any other method. B. Controlled or toxic substances in any form must be securely sealed in containers so that odors cannot be emitted. C. Blood or urine samples, hypodermic needles or other objects containing blood, urine or other bodily fluids shall be permitted in the courtroom only when enclosed in a container sufficient to protect court personnel and other persons in court. D. Toxic, physiological, hazardous or potentially hazardous materials shall include, but not be limited to all controlled substances commonly seized by narcotics officers and agents, and all chemicals, pesticides, and explosives, other than ammunitions. A comprehensive list of these materials is contained in the California Administrative Code Title 22, Division 4, Chapter 30, Article 9, entitled Hazardous Waste and Hazardous Materials. E. All evidence of this nature will remain the responsibility of the person bringing such into a courtroom. When such evidence is introduced, the person previously in possession of the evidence shall take responsibility for it and store it pending the “final determination of the action” as defined by Penal Code § 1417.1. F. Such exhibits must be retained by the submitting party/agency until notice of final determination of the action, as defined above, or the submitting party/agency has verified that fact. G. This rule does not, nor does it intend to, interfere with or be contrary to any existing statute or case law that governs the introduction of or the viewing of evidence. H. This rule is made for the protection of the public and all persons involved in the processes of the justice system of Lake County. I. No firearm shall be marked as an exhibit, introduced into evidence or otherwise handled in the courtroom, unless it has been checked by the bailiff for safety and a gun lock has been attached to the trigger. (eff. 1/1/2009) 3.10 Court Reporting Services (eff. 7/1/2009) A. A court reporter will be available for reporting all proceedings in the court except traffic, small claims, misdemeanor, limited civil, and unlawful detainer matters. B. In accordance with Government Code §68086 and California Rules of Court §2.956 when a party requests a court reporter and the reporter is not required by local rule §3.10(A) or by statute to report the court proceedings, such party shall provide and pay for a certified court reporter approved by the court. (eff 7/1/2009) 3.11 Interpreters (eff. 7/1/2009, amd. 7/1/2017) Interpreters are provided by the court in actions where the court is required to do so by law. In such cases counsel shall notify the court at least five (5) days prior to the hearing that an interpreter is required. In all other cases, parties shall notify the court at least ten (10) days prior to the hearing that an interpreter is requested. The court will make reasonable efforts to provide an interpreter. The court retains the sole discretion to provide interpreter services in non-mandatory cases. (eff. 7/1/2009, amd. 7/1/2017) 3.12 Appointment of Elisor (new 1/1/2023) A. Request for Order. A court order for the appointment of an elisor must be made by a request for order, and cannot be granted on an ex parte basis unless previously ordered otherwise. The request for order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order. B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following: 1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor's signature. C. Mandatory Language in Proposed Order. The proposed order must include all of the following: 1. Designate “The Clerk of the Court or Clerk's Designee” as the elisor. The order cannot state a name or title of a specific court employee. 2. State the party's name for whom the elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the elisor will be signing each document. D. Mandatory Additional Requirements. 1. Copies of all documents to be signed must be attached to the proposed order. 2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order. E. Order Granted. 1. If the court grants the order, the party must contact the business office to schedule an appointment for the actual signing of the documents. 2. If the elisor is signing documents requiring notarization, the party must arrange for a notary public to be present when the elisor signs the documents. 3.13 Court Appointed Attorney Fees (Amended 1/1/2025) This Rule applies to appointment of counsel for indigent defendants when no public defender, alternate public defender, or contractor for indigent defense, is available for appointment. The following sets forth the process by which attorneys appointed in criminal or juvenile (Welfare & Institutions § 602) cases may submit billings pertaining to court appointments and fees allowable for such appointments. a. Standard Billing Process 1. The court will allow attorney’s fees for services rendered by counsel properly appointed while matters are pending before the court. Appointment orders must be made before an attorney may begin billing for services. 2. Application for fees must be submitted no more frequently than once every 30 days. The application must include an itemization of the legal services rendered and the amount of time for such services. Application for fees must be submitted to the court for approval. 3. Once approved by the Presiding Judge, the order for payment of fees shall be submitted to the County of Lake for payment. 4. In no event will the application for payment be presented more than 60 days after the disposition of the case. The court reserves the right to reject any invoice presented for payment more than 60 days after the disposition of the case. 5. If an attorney believes that the case is of such a special or unusual nature that is not possible to render services in accordance with the maximum fee schedule, he/she must file a declaration explaining why an exception to the maximum fee is sought. Upon review of such wr 6. itten declaration, a reasonable fee exceeding the limits set forth in this schedule may be established by the Presiding Judge. 7. Authorization and payment for expenses such as fees for investigators and expert witnesses must be made in accordance with the ancillary fee request process. b. Criminal and Juvenile Case Classifications 1. Class 1: All murders, whether capital or non-capital, and all offenses having a maximum sentence of life without possibility of parole, or in the discretion of the court, an aggregate state prison sentence of 25 years or more. 2. Class 2: All crimes for which the upper term of punishment is four (4) years or more, but less than Class 1. 3. Class 3: All other felonies, misdemeanors, juvenile, civil contempt, child custody and conservatorship matters. c. Minimum Experience Requirements for Attorneys 1. Class 1: Certified criminal law specialist or equivalent experience as determined by the Presiding Judge. 2. Class 2: Five (5) years’ experience as an attorney, with a substantial part of such experience in criminal law. 3. Class 3: An attorney may be eligible for this class by providing oral or written proof of relevant experience and upon authorization of the Presiding Judge. d. Fee Schedule: All attorneys must agree to handle all cases to which they are appointed at the rates established by the court. The court will periodically review and adjust rates as necessary. 1. Class 1: The rate will be $120.00 per hour, unless otherwise determined on a case-by-case basis. 2. Class 2: The rate will be $95.00 per hour, unless otherwise determined on a case-by-case basis. 3. Class 3: The rate will be $80.00 per hour, unless otherwise determined on a case-by-case basis. (Amended 1/1/2025)
CHAPTER 3 GENERAL 3.1 Clerks' Offices - Hours of Operation (eff. 1/1/2009) The hours of operation of the Clerks' Offices are determined by the judges and are currently set at 8:00 a.m. to 4:00 p.m. Hours of operation are subject to change with prior notification to the public. (eff. 1/1/2009) 3.2 Papers Presented for Filing (eff. 1/1/2009) All documents presented for filing must comply with Califo
Reviewer note: Composed 2026-10-10 (California T4 Lake build 2026-10-10) from BenchPath custody ca/t4/ca-lake/docs/local-rules/local-rules-january-2026_v2.pdf (the court's rule book, its cover “SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF LAKE LOCAL RULES Effective 1/1/2026”, as fetched 2026-10-10; 852364 bytes, sha256 060a39793172b99fb99a1f839efb8fee0755a6d5c8c03d52d407d1d536399e9d; 69 pages) with the shared verbatim composer (v2 reflow): the rule body (PDF pages 9 to 68; the chapters run on without page breaks) composed once and cut at the twenty chapter headings (“CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES” to “CHAPTER 20 ELECTRONIC FILING”), the chapters reassembling the body exactly: each page's running header (“Superior Court, County of Lake”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; Rule 5.8's ruled table (Case Plan Disposition Time Standards and Court Events, pages 29 and 30) read cell by cell by the table finder; no struck run on any of the 69 pages (review/strike-report-2026-10-10.txt); 22 whitespace-only fixes (build/book-fixes.json: Rule 5.8's table cells' lettered items and paragraphs set on their own lines (10); Rule 8.6's plans and its item 3 (3); Rule 3.13's history note (1); Rule 11.5's default fee schedule set row by row (1); the subheadings of Rules 3.5 (at a page break) and 4.10(c) set on their own lines (2); Rule 5.9's form number FL-105 and the word “denial” its Rule 5.9(E) prints across three lines set whole (2); and the sentences of Rules 9.4, 10.3 and 5.4(B) rejoined where the composition broke them before an inline item, a dash and a capitalized word (3)) and 1 same-character fix (build/book-captions.json: Rule 16.3(B)'s list of remote proceeding calendars, printed in two columns, set group by group); the vertical-gap, short-line, page-break, bold-line, row and false-break audits find no other; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the three local forms the book prints (LK-108, LKSC-420 and LK-117) and the index belong to no card. Review note: Carried as printed: Rule 3.13(a)(5) ends "Upon review of such wr" and item 6 opens "itten declaration" - the book sets item 6's label inside the word "written" (page 19).
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.