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Section 3-Civil Cases: the clerk appending the “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” to the initial pleading (3.1); cross-complainants to serve that notice, and notice of any other pending conference date, on all cross-defendants (3.2); each party’s Case Management Statement (Judicial Council form CM-110) filed and served no later than fifteen (15) calendar days before the conference (3.3(a)); parties or attorneys present or appearing by telephonic conference call, prepared to discuss the subjects listed in rule 3.727, unless notified that no appearance is necessary (3.3(b)); a Case Management Order setting a schedule for subsequent proceedings under rule 3.728 (3.3(c)); moving counsel’s failure to appear, unless excused, cause for placing the matter off calendar, hearing it without counsel, or costs and sanctions (3.4(a)); a written notice to the Court and all counsel of intent not to appear at a Law and Motion hearing deemed a waiver of oral argument, the Court considering the documents filed (3.4(b)); appearance by telephone permitted and encouraged, except when personal appearance is required, under rule 3.670, via CourtCall (3.4(c)); no oral testimony at a law and motion hearing except by order for good cause shown, a Rule 3.1306 statement to include why the evidence cannot be presented by declaration or affidavit (3.4(d)); a settlement conference required in all civil trial matters except domestic and short cause matters (one day or less), set at the Case Management Conference (3.5(a)); trial counsel, parties and persons with full authority to settle to personally attend unless excused for good cause, an insurance carrier with no claims offices within California (the Court notified) by a representative immediately available by telephone, and counsel to obtain the attendance of any other person whose consent to settle is necessary (3.5(b)); each plaintiff prepared to make his or her minimum request and each defendant his or her highest offer (3.5(c)); a mandatory settlement conference statement filed and served at least five (5) Court days before the conference, with all parties’ names, the facts and laws on liability and damages, each plaintiff’s good faith demand and itemization of damages and each defendant’s good faith offer (3.5(d)); parties to participate in good faith, a failure to prepare for, appear at and participate in the conference without good cause may result in sanctions (3.5(e)); if plaintiff fails to appear, the trial date may be vacated and/or monetary sanctions imposed, and if the defendant fails to appear without good cause, sanctions by way of costs, actual expenses and counsel fees (3.5(f)); counsel prepared to proceed to trial on the date scheduled if settlement negotiations are not successful (3.5(g)); the plaintiff to immediately file written notice of a settlement, and a request for dismissal within forty-five (45) days after settlement unless the settlement agreement conditions dismissal on terms not to be performed within forty-five (45) days (the settlement then specifying the dismissal date), failing which the Court will dismiss the case or require Plaintiff to show cause re sanctions (3.5(h)); advance jury fees, daily fees and mileage deposited as required by California Code of Civil Procedure section 631 (3.6(a)); failure to deposit them deemed a waiver of trial by jury, the Court in its discretion may proceed without a jury, dismiss an empaneled jury or, upon such terms as may be just, proceed with a jury (3.6(b)); motions in limine excluding evidence of collateral source or insurance coverage and offers to settle and/or settlement discussions deemed granted, other motions in limine filed and served by 4:00 p.m. six (6) court days before trial and written opposition by 4:00 p.m. three (3) court days before, oral opposition not precluded (3.6(c)); parties to use, where possible, California Judicial Council instructions, and at the commencement of trial a written request entitled “Instructions Requested by (name of party),” served and delivered to the trial judge with an edited copy of all instructions requested, one per page with a five-inch top margin (3.6(d)); and exhibits, depositions and administrative records in civil matters disposed of under California Code of Civil Procedure sections 1952-1952.3 (3.7)
SECTION 3-CIVIL CASES RULE 3.1 COMPLAINTS At the time the case is filed, the clerk shall append to the initial pleading a document entitled “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” stating the date, time and place of the first Case Management Conference date. (1/1/19) RULE 3.2 CROSS-COMPLAINTS Cross-complainants shall serve all cross-defenda
Reviewer note: Composed 2026-10-15 (California T4 Mariposa build 2026-10-15) from BenchPath custody ca/t4/ca-mariposa/docs/localrules.pdf (the court's rule book, its cover “MARIPOSA COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE JANUARY 1, 2019”, as fetched 2026-10-15; 797328 bytes, sha256 408872509e0de2e21fafbb4417efbee953c2873f4eeec9a777cd92ef501f5aa3; 37 pages; this part PDF pages 11 to 15, page numbers 11 to 15) with the shared verbatim composer (v2 reflow): the rules (PDF pages 6 to 27) composed as one text and cut at the eight section headings (“SECTION 1-GENERAL RULES” to “SECTION 8-WRITS AND APPEALS”), each matched once as a whole line, one card per section; every page's number at its foot removed as chrome - 22 chrome lines (the book prints no running head); lines reflowed into the rules' paragraphs, each section heading, rule heading (“RULE 1.1 COURT ORGANIZATION”) and lettered or numbered subdivision starting a line; no fix (the vertical-gap, short-line, page-break, false-break and structural-break audits - review/book-extra-audits-2026-10-15.txt and the two audits' runs - list candidates read one by one, every one kept as printed); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1: the book's date and the judges of 2019), the instructions (2), the table of contents (3 to 5), the index (28 and 29), the List of Rules and Effective Dates (30 to 33) and the List of Approved Local Forms (34 to 37) belong to no card. Review note: Rules 3.3(b) and 3.4(c) provide telephone appearances (“appearance by telephone is permitted and encouraged under the circumstances and procedures set forth in California Rules of Court, Rule 3.670”, through CourtCall); the court's Court Call page sets a request and notice “24 hours in advance of the hearing”, and its home page says “Not all court hearings allow remote appearances and prior approval needs to be granted before appearing remotely.” The court's Civil Case Management Program overview (2017; held) states conference procedures the rules do not and says “COURT REPORTERS ARE NOT PROVIDED BY THE COURT FOR CMC HEARINGS.”, where Rule 1.3(b) provides the official reporter, if available, in civil proceedings lasting less than one hour. Rule 3.6(b) prints “dismiss an empaneled jury, upon such terms as may be just, proceed with a jury” without its conjunction; the summary reads it as three alternatives. A review task asks the court about the overview.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Fifth Appellate District > Mariposa County > Superior Court of California, County of Mariposa
SECTION 3-CIVIL CASES RULE 3.1 COMPLAINTS At the time the case is filed, the clerk shall append to the initial pleading a document entitled “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” stating the date, time and place of the first Case Management Conference date. (1/1/19) RULE 3.2 CROSS-COMPLAINTS Cross-complainants shall serve all cross-defendants with a copy of the initial “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” document and shall serve notice of any other pending Case Management Conference hearing date. (1/1/19) RULE 3.3 CASE MANAGEMENT CONFERENCE a. No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110). (1/1/19) b. Unless notified by the Court that no appearance is necessary, all parties or their attorneys must be present at the conference or appear by telephonic conference call, and must be prepared to discuss all elements of the case inquired into on the Case Management Form and the subjects listed in California Rule of Court, Rule 3.727. (1/1/19) c. At the Case Management Conference, the Court will enter a Case Management Order setting a schedule for subsequent proceedings, and otherwise providing for management of the case as specified in California Rules of Court, Rule 3.728. (1/1/19) RULE 3.4 CIVIL LAW AND MOTION a. Failure to Appear Failure of moving counsel to appear at the time set for which the matter is assigned, unless excused by the Judge, shall be deemed cause for placing such matters off calendar, for proceeding to hear the matter in the absence of counsel, or for assignment of costs and sanctions as the Court in its discretion may determine. (1/1/99, 1/1/19) b. Waiver of Right to Appear A party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument. If the party has filed documents in support or in opposition to a law and motion matter, the Court will consider the non-appearing party’s position based upon the documents filed. A written notice of intent not to appear shall be deemed a waiver of oral argument. One party’s notice of intent not to appear shall not impair any other party’s right to appear and argue for their respective position. (1/1/19) c. Telephonic Appearances Except when personal appearance is required, appearance by telephone is permitted and encouraged under the circumstances and procedures set forth in California Rules of Court, Rule 3.670. The Court participates in telephonic appearance services provided by CourtCall. Further information for parties desiring to appear by telephone is available on the Court’s website. (1/1/19) d. Evidence at Hearings As stated in California Rules of Court, Rule 3.1306, oral testimony is not allowed at a law and motion hearing except by order of the Court for good cause shown. If counsel seeks permission to introduce oral testimony, the statement required by Rule 3.1306 must include an explanation as to why the evidence cannot be presented by declaration or affidavit. (1/1/19) RULE 3.5 SETTLEMENT CONFERENCES a. Requirement of Settlement Conferences A settlement conference is required in all civil trial matters except domestic and short cause matters (one day or less). The time and date of the mandatory settlement conference will be set at the Case Management Conference. At the request of any party or on the Court’s own motion, the Court may set a settlement conference in addition to the mandatory conference. (1/1/99, 1/1/19) b. Persons Attending Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the Court for good cause shown. If any consent to settle is required for any reason, the party with that authority must be personally present at the conference. If, however, an insurance carrier has no claims offices within California and the Court has been notified, the personal attendance of a representative of the insurer shall not be required, but a representative of the insurer shall be required to be immediately available by telephone until released by the Court, regardless of the time zone. The Court may impose sanctions in the event of an unexcused absence of a principal or insurer. (1/1/19) Where the consent of a spouse, business partner, or other person is necessary to achieve settlement, counsel shall, prior to the date set for the settlement conference, obtain the attendance of that person, even if not a party to the litigation. (1/1/19) c. Each Party to Be Prepared Each plaintiff or party seeking affirmative relief or recovery shall be prepared to make his or her minimum request, and each defendant shall be prepared to make his or her highest offer. (1/1/99, 1/1/19) In each case counsel who attends the conference shall be thoroughly familiar with the case and shall be prepared to discuss it. (1/1/99, 1/1/19) d. Settlement Statement All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following: 1. The names of all parties, including interveners and their representatives; 2. A detailed discussion of all facts and laws pertinent to the issues of liability and damages involved in the case; 3. A good faith settlement demand and itemization of economic and non-economic damages by each plaintiff; 4. A good faith offer of settlement by each defendant. (1/1/99, 1/1/19) e. Participation in Good Faith For a meaningful conference, all attorneys and/or the parties must agree to participate in good faith. Any failure of an attorney or self-represented litigant to prepare for, appear at, and participate in a settlement conference, unless good cause is shown for such failure, may result in sanctions. (1/1/99, 1/1/19) f. Failure to Appear If at the time of the scheduled settlement conference, plaintiff or those parties seeking affirmative relief fail to appear, the Court may order the trial date vacated and/or impose monetary sanctions. Written notice thereof will be mailed to all parties or their counsel of record as ordered by the Court. If the defendant or other responsible party fails to appear at the settlement conference and good cause is not shown, the Court may impose sanctions by way of costs, actual expenses, and counsel fees and order the case to proceed to trial on the date assigned. (1/1/99) g. Failure of Settlement Conference In the event settlement negotiations are not successful, counsel should expect and be prepared to proceed to trial on the date scheduled. (1/1/99, 1/1/19) h. Notice of Settlement or Dismissal If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court. The Court may impose sanctions for the failure to provide it with timely notice of settlement. (1/1/19) A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement. If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed. If the Plaintiff fails to file a timely request for dismissal, the Court will either: 1) dismiss the case; or 2) require Plaintiff or Plaintiff’s counsel to appear and show cause why sanctions should not be ordered for failure to file the required request for dismissal. (1/1/18) RULE 3.6 JURY TRIALS (CIVIL) a. Deposit of Jury Fees The deposit of advance jury fees, and of daily fees and mileage, shall be made as required by California Code of Civil Procedure section 631. (1/1/99, 1/1/19) b. Failure to Post Failure to deposit advance or daily fees as required will be deemed a waiver of trial by jury. The Court, in its discretion, may proceed to trial without a jury, dismiss an empaneled jury, upon such terms as may be just, proceed with a jury. (1/1/19) c. In Limine Motions 1. The following motions in limine are deemed granted. Written motions should not be submitted on these issues: a. Motion excluding evidence of collateral source; b. Motion excluding evidence of, or mention of, insurance coverage; and c. Motion excluding offers to settle and/or settlement discussions. (1/1/19) 2. All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) court days prior to the scheduled trial date. Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date. Failure to submit written opposition to In Limine motions will not preclude oral opposition to the motions at the time of trial. (1/1/19) d. Jury Instructions 1. Use of Pre-Approved Instructions To the extent possible parties must use instructions promulgated or sponsored by the California Judicial Council. (1/1/19) 2. Service of Jury Instructions At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury. The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow the standard CACI format. The parties should be prepared to provide to all jurors and alternates a copy of all written instructions, if so required by the trial judge. (1/1/19) RULE 3.7 DESTRUCTION OF EXHIBITS IN CIVIL MATTERS All exhibits, depositions, or administrative records retained by the Court in any civil matter shall be disposed of in accordance with California Code of Civil Procedure sections 1952-1952.3. (1/1/19)
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.