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Chapter 1 (Rules 1.1 to 1.55): the rules' citation as the "Local Rules of the Superior Court of California, County of Mendocino," supplementary to statutes and the California Rules of Court (1.1); sanctions for failure to comply under Government Code § 68609(d) (1.2); sessions in Ukiah and Fort Bragg, complaints of bias or sexual harassment, and emergencies and evacuations under the Sheriff's Department (1.3); courtroom conduct, visitors, attire and telephones (1.4); communications with court staff and jurors (1.5); case initiation and assignment - the case types filed in either location and those heard only in Ukiah (LPS, Qui Tam, CEQA, juvenile and DCSS cases), assignment by the filing party's physical address (coastal communities to the judge presiding at the Ten Mile Branch court), criminal cases by the District Attorney's filing, infractions by the place of the violation, transfers between branches, and interpreter jury trials in Ten Mile transferred to Ukiah (1.6); represented parties may not file their own documents, with the criminal exceptions - MCR-103 requests to calendar, petitions for dismissal and a Marsden motion (1.7); filing of documents - e-filing only through the court's EFSPs, the exemption on form EFS-007, the case types subject to mandatory e-filing, searchable PDF (PDF/A preferred), one .pdf per document, form EFS-020 with proposed orders, exhibits e-filed five (5) business days before the hearing with local form MEX-171 (electronic media on MEX-175), the documents not filed electronically, civil, family law and probate documents e-filed no later than two (2) full business days before the hearing, matters needing judicial attention within one (1) business day filed in person, confidential notification in the caption, tribal court protective orders by email, three (3) conformed copies, the drop boxes in Ukiah and at the Ten Mile Branch (documents stamped on or before 5:00 p.m.), and emailed courtesy copies to each department's address, in PDF, named "[case number].[short title of document].[date of hearing].pdf", under 25 megabytes (1.8); fee waivers on forms FW-001 and FW-003, granted by clerks when the standards are met (1.9); remote appearances by persons with mobility issues, noticed to Court Administration no later than noon two (2) business days prior to the hearing (1.10); remote proceedings under Code of Civil Procedure § 367.75 - definitions, telephone and video requirements, the court's discretion to require an in-person appearance, and connecting at least five (5) minutes before the appearance (1.11); remote proceedings in criminal matters under Penal Code § 977 - out-of-custody defendants file local form MCR-115 no later than noon two (2) business days prior and contact the court by 1:00 pm the business day before, in-custody felony defendants appear remotely except at preliminary hearings and trials, and traffic infraction trials (1.12); remote proceedings in civil and family law matters - form RA-010 notices by the hearing's notice period (three (3) business days; 15 business days for an evidentiary hearing or trial, served at least 10 business days before), oppositions on form RA-015, and the court's factors (1.13); remote testimony at contested juvenile dependency hearings and oppositions on form RA-030 (1.14); ex parte and emergency order applications - a review date reserved with the clerk, the application filed no later than 11:00 am on the day of review, notice no later than 10:00 a.m. one (1) business day before, local form MMC-121 for a restraining order, oppositions by 11:00 a.m., review each day between 11:30 a.m. and 1:30 p.m., orders without oral argument by 2:00 p.m. and viewable through re:SearchCA (1.15); copies and viewing of exhibits (1.16); return of exhibits, kept by the custodial party until 60 days after a final judgment or dismissal (1.17); orders to show cause regarding dismissal - notice at least 20 calendar days before the hearing, for two (2), three (3) and five (5) year delays (1.18); dismissal when proof of service of summons is not filed within three (3) years (1.19); transferred cases sent on an electronic device with local forms MMC-323-327 and MMC-322 (1.20); no coins accepted (Government Code § 68083.5) (1.21); the Self-Help Center, its Family Law Facilitator, and its Small Claims Advisor (1.22); case research on local form MMC-900, completed within 30 calendar days (1.23); jury service - the responsibility of citizens, the Court Executive Officer as Jury Commissioner, the county-wide selection area, excusal after service within the 12 months preceding, orders to show cause for failure to appear, no transfers before voir dire, deferment up to six months (no more than two (2)), transfer or excusal for travel over two (2) hours, and jurors aged 75 years and older (1.24 to 1.30); court reporters in felony, juvenile and LPS conservatorship trials (1.31); electronic recording under Government Code § 69957 (1.32); electronic filing of court-ordered transcripts and their file names (1.33); requests for interpreters on local form MMC-110 at least 10 business days before, and continuances requested three (3) business days prior (1.34); court appointed attorneys - the billing process on local form MMC-131, the criminal and juvenile classes (Class 1, Class 2, Class 3), their experience requirements and rates ($120.00, $95.00 and $80.00 per hour), civil, family law and probate appointments, guardianship and conservatorship attorneys, and proof of notice before payment (1.35); extraordinary fees in probate matters (1.36); no fees or commissions in advance of a court order (1.37); guardianship and conservatorship fees (1.38); investigation fees - initial applications not over $3,000 ($5,000 in capital and life sentence cases) and investigators at $65.00 per hour (1.39); investigation fees in guardianships and conservatorships ($600, $300, $500, $200) (1.40); non-psychiatric expert fees (1.41); claims for payment on local form MMC-131, billed in increments of 1/10 hour, by email to accounting (1.42); media coverage under California Rules of Court rule 1.150, requests on forms MC-500 and MC-510, handheld devices, prohibited coverage, the authorized areas, ceremonial events and body worn cameras (1.43 to 1.49); court security screening, weapons and dangerous items under Penal Code § 171b (1.50); court collections for cases filed on or after February 8, 2021, overpayments and payment plans in delinquent cases referred to the Franchise Tax Board (1.51 to 1.53); and generative artificial intelligence - defined, and filings containing AI-generated argument or citations prohibited unless the filer checks every citation, fact and argument (1.54, 1.55).
Chapter 1: General Court Rules General Rules 1.1 Citation These rules will be known and cited as the “Local Rules of the Superior Court of California, County of Mendocino,” and always be supplementary to and subject to statutes, the California Rules of Court, and any rules adopted by the Judicial Council of California and will be construed and applied so they do not conflict with such rules and st
Reviewer note: Composed 2026-10-10 (California T4 Mendocino build 2026-10-10) from BenchPath custody ca/t4/ca-mendocino/docs/local-rules/localrules.pdf (the court's rule book, its cover “Superior Court of California County of Mendocino Local Rules Effective July 1, 2026”, as fetched 2026-10-10; 2190010 bytes, sha256 10c2f9fe33dd913b755e1e05ef7b947b851dc38c30ff0a08807e7ad866117b0c; 152 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1 to 8 (PDF pages 7 to 50; 51 to 63; 64 to 70; 71 to 86; 87 to 104; 105 to 108; 109 to 112; 113 and 114), each beginning at the top of a page: each page's running header (“Superior Court of California, County of Mendocino”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); Chapter 1's 55 rule numbers, which the book prints as images the text layer does not carry, set before their headings from their placements on the page (read by eye, and against the book's History Table; build/labels.py, build/labels-report.json); 12 whitespace-only fixes (build/book-fixes.json: Rule 1.8's stacked list of the departments' courtesy copy email addresses, which the reflow ran into one line, set one address a line, and its file-name example set on its own line; seven form numbers broken after the hyphen at a printed line's end set as one number - EFS-007, EFS-020, FW-003, MMC-323-327, MFL-250, FL-150 and JV-220; Rule 1.39's bulleted item “Copies of discovery or motions” set apart from the item before it; and two sentences rejoined where a printed line ended short before a long word - Rule 2.11's sentence on the USB drive's “ADMINISTRATIVE RECORD” label across a page break and Rule 4.2's “Notice of Family Law Case Management Conference”; the vertical-gap, short-line, right-edge, page-break, bold-line, false-break, fragment and row audits find no other); no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the lists of local and Judicial Council forms, the History Table and the index belong to no card. Review note: Chapter 1 prints its rule numbers (1.1 to 1.55) as images, not text; the card sets each number before its heading from its placement (read by eye and against the book's History Table, build/labels.py). Carried as printed: Rule 1.8(a)(4) lists its items a., d. and e. (no b. or c.); Rule 1.8(a)(5) points to "section 1.7(a)(4)" for the format of e-filed exhibits (the format rule is Rule 1.8(a)(4)), and sets service of e-filed exhibits two (2) business days before the hearing and of exhibits in other electronic formats five (5) business days before; Rule 1.14(a) refers to "local rule 1.10 for general information and requirements for remote proceedings" (Rule 1.10 is Remote Appearances by Persons with Mobility Issues, Rule 1.11 Remote Proceedings) and Rule 1.15(h) to "local rule 4.6" for family law ex parte requests (Rule 4.4 is Ex Parte/Emergency Family Law Orders, Rule 4.6 Child Custody and Visitation); Rule 1.16's second paragraph runs into words about Judicial Council form GC-360 that belong to no sentence of the rule (printed so on page 29); the court's ex parte review hours on its home, Civil Division and Family Law TECO pages (10:00 a.m. to 12:30 p.m., filings by 10:00 am, decisions after 1:30) differ from Rule 1.15's (filings by 11:00 am, review between 11:30 a.m. and 1:30 p.m., orders by 2:00 p.m.) - which governs, and whether the cross-references are to be read as renumbered, is a review task.
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 > First Appellate District > Mendocino County > Superior Court of California, County of Mendocino
Chapter 1: General Court Rules General Rules 1.1 Citation These rules will be known and cited as the “Local Rules of the Superior Court of California, County of Mendocino,” and always be supplementary to and subject to statutes, the California Rules of Court, and any rules adopted by the Judicial Council of California and will be construed and applied so they do not conflict with such rules and statutes. (Effective 1/1/99; amended 7/1/08; renumbered 7/1/19) 1.2 Failure to Comply with Local Rules or Orders of the Court In the event of any failure to comply with the local rules, the California Rules of Court, or any order of the court related thereto, the court may impose upon the offending party, attorney, or both, sanctions which may include, but are not limited to, requiring the filing of an attorney’s compliance statement, attorney’s case schedule, monetary sanctions, attorney’s fees, expenses, striking pleadings, entering the default of any party, dismissal of the action, and/or contempt, and any other sanctions authorized by Government Code § 68609(d) and any other statute. (Effective 1/1/99; amended 1/1/03; renumbered & amended 7/1/08; renumbered 1/1/10; renumbered 7/1/19) 1.3 Administration of the Courts a. Location. Sessions of the court will be held in Ukiah and Fort Bragg, California. b. Sessions of the Court. Court sessions are established to provide the most efficient operation of the court for the benefit of the public. Calendared matters or court sessions may change at the court’s discretion. c. Complaints Regarding: Bias or Sexual Harassment. Court employees and judicial officers will not engage in any conduct or activity that causes or contributes to bias or sexual harassment in the court system. Any person who observes or believes he or she has been subjected to bias or sexual harassment must immediately report the incident to Court Administration. d. Emergencies and Evacuations. The Mendocino County Sheriff’s Department will be responsible for the welfare and security of all occupants and visitors in the courthouse facilities and has the authority to order an evacuation of the courthouse as authorized under Penal Code § 409.5. All judicial officers and staff must follow the directions of the Sheriff’s Department in the event of an emergency and/or evacuation. (Effective 7/1/19; amended 7/1/21; amended 7/1/24) 1.4 Courtroom Conduct a. Attorney/Party Conduct. Attorneys and parties appearing in court will be respectful of the court, its judicial officers, and staff. Further, attorneys and parties will behave in a polite and professional manner toward opposing counsel, opposing parties, witnesses, and members of the court staff. Attorneys and parties appearing in pro per must be familiar with the rules and guidelines set forth in these local rules as well as other applicable statues and rules of conduct, ethics, and professionalism. Finally, attorneys will make reasonable efforts to advise clients, witnesses, and others accompanying them of these rules. b. Visitors in the Courtroom. Visitors are individuals that are not parties or participants in any proceedings taking place in a courtroom. Visitors in the courtroom will not talk to court staff when the court is in session unless they are asked to do so by a judge or staff member. They will not converse with anyone in a manner that is distracting to the proceedings before the court. They will not eat or drink in the courtroom. They will not visibly or audibly display approval, disapproval, agreement, or disagreement with any testimony, ruling or statement of the court, parties, or witnesses. c. Attire. Individuals entering a courtroom will be properly attired and will not appear in court barefoot, with a bare midriff or wearing sunglasses, hats, shorts, tank tops or any clothing that displays inappropriate words, symbols, or pictures. Attorneys will wear appropriate business attire. This rule does not limit the power of any judicial officer to further prescribe appropriate attire in the courtroom. d. Court Telephones and Cellular Phone. No one other than a judicial officer or court staff will use a courtroom telephone without the express permission of the court. Cellular phones will not be used to place calls in the courtroom at any time. All ring tones, alerts, and alarms must be silenced when in the courtroom. (Effective 7/1/19; amended 1/1/24; amended 7/1/26) 1.5 Communications to Court or Jury a. Counsel will instruct their staff, clients, witnesses, and other related persons not to have communication with court staff pertaining to the pending litigation unless it is on the record with all parties present. b. Counsel will instruct their clients, witnesses, and others associated with the case to have no communication whatsoever with any juror or alternate juror. (Effective 1/1/99; renumbered 7/1/08; renumbered 1/1/19; renumbered & amended 7/1/19) 1.6 Case Initiation and Assignment Generally, unless a party receives judicial approval to change the filing location, cases will remain in the courthouse in which they are originally assigned. a. Court Location for Case Initiation 1. The following case types may be filed in either the Ukiah or the Ten Mile Branch court locations: a. Limited and unlimited civil proceedings b. Probate proceedings c. Family law proceedings d. Criminal proceedings 2. The following case types must be filed and will be heard only in the Ukiah court location: a. Conservatorships under the Lanterman-Petris-Short Act (LPS cases) b. Qui Tam actions under the False Claims Act (Government Code §§ 12650-12656) c. Proceedings under Public Resources Code § 21000 et.seq. for issues involving the California Environmental Quality Act (CEQA cases) d. Juvenile justice and juvenile dependency matters (Welfare & Institutions Code §§ 300 and 602) e. Cases filed by the Department of Child Support Services (DCSS) b. Case Assignment 1. Civil, Probate, and Family Law Case Assignment Procedure. The physical address of the party filing the first paper int civil, family law, and probate matters determines whether a case is filed in the Ukiah courthouse or the Ten Mile branch in Fort Bragg. The filer or filer’s attorney must include the filer’s physical address in the filing. Any filing of a new case that does not include the filer’s physical address will be rejected by the court and returned to the filer for correction. When a new civil, probate, or family law case is filed, whether electronically or in person, except for case types in 1.6(a)(2)(b) and (c), the court will review the address of the initial filing party (petitioner/plaintiff) and assign the case based on the physical address of the filing party. If the initial filing party’s address is out of county, cases will be assigned based on the address of the respondent/defendant. The filing party will indicate the address of the respondent/defendant in the initial pleading, on the Party’s Information tab when submitting pleadings via e-filing, or by comment to the court. a. Limited civil, domestic violence, and civil harassment matters in which the filing party’s physical address is in Fort Bragg, the Town of Mendocino, Comptche, Westport, Elk, Caspar, Point Arena, Gualala, or other coastal communities will be assigned to the judge presiding at the Ten Mile Branch court. b. All probate, civil, family law case filings, including domestic violence matters not described in (2)(a) above will be assigned to and heard by judges in the Ukiah courthouse. c. Traffic and non-traffic infraction violations cited in Fort Bragg, the Town of Mendocino, Comptche, Westport, Elk, Caspar, Point Arena, Gualala, other coastal communities, along Highway 1, along Highway 20 west of the Town of Willits, and along the coastline will be assigned to the judge presiding in the Ten Mile courthouse. All other infraction violations will be assigned to judges in the Ukiah courthouse. 2. Criminal Case Assignment Procedure. The court will assign criminal cases based on the District Attorney’s Office’s courthouse filing determination. 3. Traffic and Non-Traffic Case Assignment Procedure. The location of the violation resulting in a citation in traffic and non-traffic infraction violations determines whether a case is filed in the Ukiah courthouse or the Ten Mile Branch Court. Traffic and non-traffic infraction violations cited in Fort Bragg, the town of Mendocino, Comptche, Westport, Elk, Caspar, Point Arena, Gualala, other coastal communities, along Highway 1, along Highway 20 west of the Town of Willits, and along the coastline will be assigned to the judge presiding in the Ten Mile courthouse. All other infraction violations will be assigned to judges in the Ukiah courthouse. 4. Transfer of Cases. The court may order the transfer of a case from one branch of the court to the other for limited or all purposes (i.e., judicial recusal or disqualification, a particular hearing, mediation, etc.). c. Interpreter Trials in Ten Mile. Jury trials set in the Ten Mile Branch court requiring the use of an interpreter will be transferred to the Ukiah courthouse for trial. All other jury trials set in Ten Mile will not be transferred to Ukiah without the filing of a properly noticed motion and hearing before the court. A stipulation to transfer will not be effective without approval of the presiding judge. (Effective 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; amended 7/1/21; amended 1/1/24; amended 7/1/24; amended 7/1/26) 1.7 Parties Represented by Counsel May Not File their own Pleadings or other Documents Parties represented by an attorney are not authorized to file documents on their own while represented. Parties must confer with their attorneys, and the attorneys are the authorized filers when they are representing litigants. Court clerks do not have the discretion to accept filings made by parties represented by attorneys. If an attorney is no longer representing a party, the attorney must file notice with the court. a. Exceptions to this rule: In criminal cases in which a defendant is represented by counsel, the defendant may file the following documents without the involvement of their attorney: 1. Request to calendar (MCR-103)to avoid service of a warrant; 2. Request to calendar (MCR-103) to modify a jail surrender date or to request a fine modification; 3. A petition for dismissal pursuant to Penal Code sections 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, 1203.49, 17(b), or 17(d)(2); 4. A Marsden motion, in which the defendant is asking the court to relieve counsel of record. (Effective 7/1/26) 1.8 Filing of Documents a. Electronic Filing 1. Transmission of Electronically Filed Documents through Electronic Filing Service Providers (EFSP): The court does not authorize any direct electronically filed transmissions to the court of any document. Electronic filing of documents must be done through one of the court’s authorized EFSPs. The court’s electronic filing procedures and requirements, including identification of its EFSPs, are available on the court’s website and at the clerk’s office. An EFSP may require payment of a convenience fee and/or transaction fee and/or impose other reasonable requirements as conditions for processing the electronic filing of a document. The court may also charge a technology fee, up to $2.00 per transaction, to defray the cost of technology needed to support the e-filing program. 2. Exemptions from Mandatory Electronic Filing Requirements. Pursuant to Code of Civil Procedure § 1010.6(d)(4) and California Rules of Court rule 2.253(b)(1), self-represented litigants are exempt from mandatory electronic filing requirements but are permitted and encouraged to electronically file documents if they choose. A party that is subject to mandatory electronic filing may seek to be excused from such requirement by submitting Judicial Council form EFS-007 Request for Exemption from Mandatory Electronic Filing and Service and obtaining a court order granting the request. 3. Case Types Subject to Mandatory Electronic Filing. Except for self-represented parties, the court requires electronic filing of court documents in the following case types: a. All documents in felony, misdemeanor, and infraction criminal actions for cases heard in criminal court, except pre-filing criminal documents (e.g. search warrants, affidavits, etc.) b. All civil limited actions c. All unlawful detainer actions d. All civil unlimited actions, including class actions, coordinated actions, and cases designated as complex pursuant to CRC 3.400 et seq. e. All family law actions f. All probate actions g. All juvenile delinquency and juvenile dependency actions h. All appellate division matters i. All mental health actions Pursuant to California Rules of Court rule 2.252(e), an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 business days if the proceeding requires that the original document be filed. 4. Electronic Document Format Requirements a. Searchable PDF Format. Electronic documents must be submitted in searchable PDF format with searchable PDF/A as the preferred format. PDF/A is a format which excludes features that give rise to concerns about the ability to archive documents. New scanners allow users to directly create a PDF/A. Filers with older scanners can use a conversion tool (such as Acrobat 9) to convert scanned documents to PDF/A. d. Multiple Document Filings. The filing party must create a separate .pdf document for every individual document that is to be file-stamped in an envelope submission. If a .pdf contains more than one document for filing, the court will reject the e-file envelope and return it to the filer for correction. If the filing party includes a supporting document that is typically file stamped, but the filer intends to use it as supporting documentation for a lead document, the filer must write “ATTACHMENT” in the block reserved for the file stamp to make it clear to the court that the document is not to be filed separately. e. Cover Sheet. The court requires that Judicial Council form EFS-020 Proposed Order (Cover Sheet) be attached to all proposed orders submitted in all case types. 5. Exhibits. Exhibits may be e-filed five (5) business days before the hearing and must be served on all parties a minimum of two (2) business days prior to the hearing date. E-filed exhibits must be submitted in the format required in section 1.7(a)(4) above along with local form MEX-171 Exhibit Cover Sheet. Transcripts for audio exhibits must be included with the initial filing of an audio exhibit. Exhibits in other electronic formats (i.e. USB flash drive, CD, DVD, etc.) must be filed in person, at the clerk’s window, with local form MEX-175 Electronic Media Exhibit Cover Sheet. They must be clearly labeled with the following: the case name, the case number, and the hearing date, time, and department. Transcripts for audio exhibits must be included with an initial filing of the audio exhibit. Exhibits filed in an electronic format must be filed five (5) business days before the hearing and served on all parties a minimum of five (5) business days prior to the hearing. The court clerk will not print or make copies of exhibits that have been filed prior to a hearing. Parties that request to have exhibits marked during a hearing are required to provide the original exhibit to the court clerk for marking purposes and are required to have additional copies of the exhibit available for the distribution to the court, opposing parties, and witnesses. Parties submitting exhibits to the court during a hearing are also responsible for ensuring that parties or witnesses appearing remotely can access and/or view exhibits that have been marked and submitted during the hearing. Exhibits that have not been submitted for filing prior to a hearing and are submitted during the hearing by a party who is appearing remotely may not be accepted for consideration if the exhibits are not accessible to the court, other parties, and witnesses. The court clerk will not scan or email exhibits that have not been made accessible to the court, other parties, or witnesses prior to the hearing. 6. Documents Not Authorized to be Filed Electronically. a. In all actions: • Ex parte applications and filings other than restraining order applications; • Administrative records: • Documents responsive to subpoena duces tecum; • Peremptory challenges pursuant to Code of Civil Procedure § 170.6; • Motions and/or declarations for disqualification of a judge pursuant to Code of Civil Procedure §§ 170.1 or 170.3; • Documents and/or reports from health care providers and/or mental health professionals ordered by the court; • Documents submitted to the court by the California Department of Corrections and Rehabilitation (CDCR) or the Department of State Hospitals (DSH). b. In probate actions: • Original wills and/or original codicils; • Documents lodged pursuant to Probate Code § 2620; • Certified copies of death certificates. c. In criminal actions: • The complaint and/or original charging documents; • All documents filed before the complaint or original charging documents; • Bonds and undertakings. d. In juvenile actions: • Order Shortening Time requests or motions; • Requests for Disclosure of Juvenile Records e. In civil actions: • Bonds if money is to be held by the court; • All undertakings; • Order Shortening Time requests or motions. 7. E-filing Deadline for Cases on Calendar the Next Day in Criminal, Juvenile Delinquency, and Juvenile Dependency Cases. E-filing parties and their counsel must comply with all filing deadlines in State law, California Rules of Court, and these local rules. In addition, if parties or their counsel are filing criminal, juvenile delinquency, or juvenile dependency documents on the day before a matter is on calendar, the documents must be e-filed no later than 3:00 pm. 8. E-filing Deadline for Cases on Calendar in Civil, Family Law, and Probate Cases. Documents in civil, family law, and probate cases must be e-filed no later than two (2) full business days prior to the court hearing. 9. Return of E-filed documents. Documents that have been e-filed will be processed and returned by the clerk’s office within two (2) business days. 10. Matters Requiring Immediate Judicial Attention: Matters requiring judicial attention within one (1) business day must be filed in-person at the clerk’s office and must not be e-filed. b. Confidential Notification in Caption Section of Lodged and Filed Documents. Parties, their counsel, and other filers that file or lodge documents with the court, either through electronic filing or in person at the public counter, must clearly indicate in the caption section of the filing if the document is to be filed or lodged as non-viewable by the opposing parties, their counsel or other justice partners. Filers must use the wording “FILED UNDER SEAL” to indicate that the document must not be viewable by the opposing party or parties, opposing counsel, or other justice partners. If the filer uses this wording on their documents, only judges and court staff will be able to view the documents. The court will only place restrictions on viewing such documents if the documents are appropriately labeled by the filer. c. Tribal Court Protective Orders. Tribal Court Protective Orders that are entitled to be registered under Family Code § 6404 may be filed directly with the clerk’s office by email at tribal.orders@mendocino.courts.ca.gov pursuant to California Rules of Court rules 2.300 – 2.305, and 5.386. d. Conforming Copies. The clerk will conform three (3) copies of any document at the time of filing. e. Ukiah Drop Box. Self-represented litigants filing civil, family law, and probate pleadings in Ukiah may place their documents into a drop box in lieu of standing in line at the clerk’s window. Matters requiring immediate judicial attention (i.e. requests for temporary orders, requests for restraining orders based on domestic violence or civil harassment, ex parte filings, etc.) should not be deposited in the drop box. Self-represented parties may place their pleadings in the drop box located on the main floor of the Ukiah courthouse throughout the business day. Documents date and time stamped on or before 5:00 p.m. will be filed as of the date received. Documents not date and time stamped will be filed the next business day regardless of when the documents were placed in the drop box. The clerk will conform three (3) copies of each document and place the conformed copies in either the public pick-up basket located in room 107 or return by regular mail if a self-addressed stamped envelope is provided. A self-addressed envelope of sufficient size, with sufficient postage affixed, is required for mailing of file documents to the filing party. Filed documents that do not have return envelopes with sufficient postage will be retained in the clerk’s office for 30 days from the date of filing. If unclaimed, the documents will be destroyed. If a courtesy copy is required for the filing and has not been provided, the clerk will retain one (1) conformed copy as the courtesy copy. Incomplete documents, documents without the appropriate filing fees (if applicable), or documents submitted in error will be returned to the filing party unprocessed. Filing parties assume the risk for documents deposited in the drop box in lieu of being filed directly with the clerk. When placing documents in the drop box, filing parties will: 1. Use the electronic time stamp located on top of the drop box to stamp documents with the date and time on the back of the last page. 2. Ensure that documents are in order and securely clipped together or placed in an envelope. 3. Securely affix checks or money orders, with the appropriate fees, to the front of the documents. Do NOT attach cash to documents deposited in the drop box. f. Ten Mile Branch Drop Box. The Clerk’s Office at the Ten Mile Branch court in Fort Bragg is closed between 12:00 pm and 1:00 pm. Self-represented litigants filing civil, family law, and probate pleadings may place their documents into the “drop box” during the lunch hour. Additionally, payment of criminal and traffic fines can be placed into the “drop box”. Items placed in the “drop box” will be processed immediately upon reopening of the Clerk’s Office. g. “Courtesy Copies” for Specified Court Hearings The court encourages litigants or their counsel to email courtesy copies of filed documents to the court and all parties to the matter. Electronic delivery of courtesy copies is encouraged. Electronic delivery of courtesy copies is not a substitute for filing and service as required by the Code of Civil Procedures, the Penal Code, and the California Rules of Court. All departments will accept electronic delivery of courtesy copies. Generic email addresses have been established for courtesy copies. Emails with attached copies are to be sent to each department as follows: DepartmentA@mendocino.courts.ca.gov DepartmentB@mendocino.courts.ca.gov DepartmentC@mendocino.courts.ca.gov DepartmentCS@mendocino.courts.ca.gov (Child Support cases only) DepartmentE@mendocino.courts.ca.gov DepartmentF@mendocino.courts.ca.gov DepartmentG@mendocino.courts.ca.gov DepartmentH@mendocino.courts.ca.gov DepartmentTM@mendocino.courts.ca.gov Emailed courtesy copies must conform to the following specifications: 1. All courtesy copies must be exact electronic copies of the documents as filed with the court 2. Only documents in PDF format will be accepted 3. The transmitting email and attached courtesy copies must be copied to all parties who have provided an email address 4. Emailed documents must have a file name in the following uniform format: [case number].[short title of document].[date of hearing].pdf For example, 1234567.OppositiontoDemurrer.010116.pdf 5. The combined size of the email and all attachments cannot exceed 25 megabytes (MB) 6. The court will not read or consider any text included in the email. (Effective 7/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/23; amended 1/1/24; amended 7/1/24; amended 7/1/25; renumbered & amended 7/1/26) 1.9 Application for Waiver of Court Fees a. Pursuant to California Rules of Court rule 3.50, parties may file an application for a fee waiver if they meet the standards of eligibility set forth in Government Code §§ 68632 and 68633. b. Applicants for a waiver of court fees must file a completed Judicial Council of California form FW-001 Request to Waive Court Fees along with a prepared FW-003 Order on Court Fee Waiver. c. Clerks are authorized to grant initial fee waiver applications that meet the standards noted in section (a) of this local rule. (Effective 1/1/20; amended 7/1/22; amended 1/1/23; renumbered 7/1/26) 1.10 Remote Appearances by Persons with Mobility Issues The Ukiah Courthouse has one elevator that does not stop at every floor of the facility. The court authorizes any defendant, litigant, witness, attorney, or other party to a case that has a mobility issue (e.g. using a wheelchair, walker, cane or other mobility device) to appear remotely for his or her proceeding by notifying the court of such remote appearance. The court must be notified of a remote appearance in advance of the hearing date. Individuals with mobility issues must notify Court Administration in Room 303 at the Ukiah Courthouse by phone at (707) 463-4664 or by email at court.adminstration@mendocino.courts.ca.gov no later than noon two (2) business days prior to the hearing. The requesting party must provide an email address or cell phone number when making the request. (Effective 7/1/26) 1.11 Remote Proceedings a. Effective January 1, 2022, pursuant to the newly enacted Code of Civil Procedure § 367.75, remote proceedings requirements differ between criminal and civil proceedings. Civil cases defined in California Rules of Court rule 1.6 include all cases except criminal cases and petitions for habeas corpus. For remote proceedings requirements in criminal cases, see local rule 1.11. For remote proceedings requirements in civil cases, see local rule 1.12. For remote proceeding requirements in juvenile dependency cases, see local rule 1.12 and 1.13. b. “Remote appearances” means the appearance at a court hearing using remote technology by a party, defendant, attorney, witness, victim, or others (social workers, tribal representatives, CASA, other experts.). Information on remote appearances can be found on the Remote Appearance page of the court’s public website. c. “Remote proceeding” means a proceeding conducted in whole or in part using remote technology. d. “Remote technology” means technology that provides for the transmission of video and audio signals or audio signals alone, including, but not limited to, a computer, tablet, telephone, cellphone, or other electronic communication device. e. Telephonic Appearance Requirements. Telephonic appearances require sufficient connectivity and an indoor location with limited background noise and distraction. It is the sole responsibility of the party appearing by telephone to ensure the above criteria are met. The court may continue the hearing and require an in-person appearance if clear communication is not possible by phone or if there is a distraction or disturbance that interferes with the hearing. f. Video Appearance Requirements. Video appearances require sufficient internet speed and connectivity to stream video, a device capable of capturing and displaying a clear audio and visual stream, and an indoor location with limited background noise and distraction. It is the sole responsibility of the party appearing by video to ensure the above criteria are met. The court may continue the hearing and require an in-person appearance if clear communication is not possible by video or if there is a distraction or disturbance that interferes with the hearing. See the Remote Appearance page on the court’s website for technical requirements and other instructions. g. Court’s Discretion to Require In-Person Appearances. Nothing limits the court’s ability to order personal appearance instead of a remote appearance. The court retains full discretion to conclude a remote appearance and reschedule the hearing for another date and time due to delay or other concern due to disruption, noise, misconduct, communication problems, technical problems, other issues, or in the interest of justice. If the court determines that an in-person appearance would materially assist in the determination of the proceeding or in the effective management or resolution of the case, the court may order an in-person appearance. h. Appearance in Person after Requesting a Remote Appearance. In civil and juvenile dependency proceedings, a party that has given notice that it intends to appear remotely may instead choose to appear in person. If the proceeding is an evidentiary hearing or trial, the party must provide reasonable notice of the in-person appearance to the court and the other parties who have appeared in the case. i. General Rules and Requirements. Participants must: 1. Ensure that they have sufficient battery power for the entire hearing. Access to charging equipment is recommended. Parties must also ensure that they have access to a sufficiently strong internet connection for the duration of the hearing. If appearing by telephone, a land line is preferred, but if using a cellular phone, the cellular connection must be strong enough to enable the court and other parties to hear the entire duration of the call. 2. Eliminate ambient or distracting noises and ensure consistent lighting during the hearing. 3. Connect to the court session at least five (5) minutes before the scheduled court appearance. 4. Mute their device and not speak until it is clear that it is their turn to speak, or their case is called. 5. Speak directly into the microphone on the device used to connect to the court session. Participants must identify themselves each time they speak, speak slowly, and avoid interrupting others. 6. Participate with the same degree of courtesy, decorum, use of appropriate language, and courtroom etiquette as required for an in-person appearance. If appearing by video, participants must dress appropriately in the same manner as they would for an in-person court appearance. 7. Not record or broadcast the remote appearance in compliance with California Rules of Court rule 1.150. Existing rules and procedures regarding the making of the record via court reporter or electronic device, or for obtaining a transcript after the hearing apply to video appearances. A violation of this local rule may result in the imposition of sanctions set forth in California Rules of Court rule 1.150(f). 8. Exhibits that parties wish to present may be submitted via e-filing and served on other parties pursuant to local rule 1.8(a)(5). Self-represented litigants who are not e-filing their documents must file their exhibits, with local form MEX-171 Exhibit Cover Sheet, in the clerk’s office five (5) business days before the hearing and must serve their exhibits on the opposing party two (2) business days before the hearing. Exhibits in other electronic formats (i.e. USB flash drive, CD, DVD, etc.) must be filed in person, at the clerk’s window, with local form MEX-175 Electronic Media Exhibit Cover Sheet. They must be clearly labeled with the following: the case name, the case number, and the hearing date, time, and department. Transcripts for audio exhibits must be included with the initial filing of an audio exhibit. Exhibits filed in an electronic format must be filed five (5) business days before the hearing and served on all parties a minimum of two (2) business days prior to the hearing. Exhibits that have not been submitted for filing prior to a hearing and are submitted during the hearing by a party who is appearing remotely, may not be accepted for consideration if the exhibits are not accessible to the Court, other parties, or witnesses. The court clerk will not scan or e-mail exhibits that have not been made accessible to the Court or other parties or witnesses prior to the hearing. (Effective 7/1/21; amended 1/1/22; amended 1/5/22; amended 1/1/23; amended 1/1/24; renumbered & amended 7/1/26) 1.12 Remote Proceedings in Criminal Matters a. Remote appearances in criminal matters are authorized as defined in Penal Code § 977. b. Out of Custody Defendants. Out-of-custody defendants requesting to appear remotely for the initial court appearance, arraignment, plea, and all other proceedings must obtain written authorization from the court. Defendants must file local form MCR-115 Request for Remote Appearance in a Criminal Proceeding with the clerk no later than noon two (2) business days prior to the hearing to request a remote appearance. Such requests must be approved by the judge hearing the matter. Defendants must contact the court by 1:00 pm the business day before the hearing to find out whether the request is granted or denied. If the request has been denied or if the court clerk has not received the judge’s ruling, the defendant must appear in person. Out of custody defendants must appear in person for any evidentiary hearing, court trial, or jury trial. c. In Custody Defendants. In-custody defendants in felony cases will appear remotely from the institution where they are incarcerated for the initial court appearance, arraignment, plea, and all other proceedings, except preliminary hearings, jury trials, or court trials, unless they have been ordered to appear in person by the court. d. The District Attorney’s Office, Public Defender’s Office, Alternate Defender’s Office, appointed counsel, retained counsel, Probation Department, expert witnesses, and law enforcement officers may appear remotely for pretrial and post-judgment proceedings. e. Traffic Infraction Matters. Defendants, counsel, and law enforcement officers may appear remotely for court trial. Defendants have the right to require the officer to appear in person at the trial and may request a continuance to a date when the officer can appear in person. (Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/23; renumbered & amended 7/1/26) 1.13 Remote Proceedings in Civil and Family Law Matters a. Remote appearances are authorized in all civil proceedings pursuant to the Code of Civil Procedure § 367.75 except Court Trials and Jury Trials. This rule applies to civil cases as defined in California Rules of Court rule 3.672(c)(1) and includes petitions for restraining orders. See Rule 1.10 for general information and requirements for remote proceedings. b. Remote Proceedings other than Evidentiary Hearings or Trials. 1. Required Notice a. Time of Notice for a Hearing with at Least Three (3) Business Days’ Notice. A party choosing to appear remotely in a proceeding set to occur within three (3) business days must provide notice of the party’s intent to appear remotely within two (2) business days before the proceeding. The party choosing remote appearance must file with the court a Judicial Council form RA-010 Notice of Remote Appearance and serve notice on all other parties or persons entitled to receive notice. Service must be by any means authorized by law to ensure delivery at least two (2) business days prior to the proceeding, including email service, if parties or their counsel have consented to such service. If after receiving notice from a party choosing remote appearance, a person who has not given notice also decides to appear remotely may do so by notifying the court and all others who have appeared in the action by no later than noon one (1) business day before the proceeding. b. Time of Notice for a Hearing with Less Than Three (3) Business Days’ Notice. A party choosing to appear remotely in a proceeding occurring in less than three (3) business days must provide notice as follows: The party choosing remote appearance must notify the court and all persons entitled to receive notice by serving and filing a Judicial Council form RA-010 Notice of Remote Appearance along with the application or pleadings for the proceeding. Any party other than the applicant or moving party that chooses to appear remotely must provide notice of their intent to the court and all other parties that have appeared in the action no later than noon the business day before the proceeding. If the notice is oral, it must be given in person or by telephone. If notice is in writing, it must be filed with the court on Judicial Council form RA-010 Notice of Remote Appearance and served on all other parties or persons entitled to receive notice. Service must be by any means authorized by law to ensure delivery no later than noon on the business day prior to the proceeding. Service by email is authorized if parties or their counsel have consented to such service. The parties filing the notice must provide a courtesy copy of this form to the department hearing the case pursuant to local rule 1.8(g). c. Remote proceedings for Evidentiary Hearings or Trials. 1. Court’s Notice of Remote Proceeding Lanterman-Petris-Short conservatorship hearings and trials are typically calendared as remote proceedings: A party may file Judicial Council form RA-015 Opposition to Remote Proceedings at Evidentiary Hearing or Trial to request that the court disallow remote appearance for a such a hearing or trial. 2. Party’s Notice of Remote Proceeding. This rule applies except in juvenile dependency proceedings; hearings and trials in which the court has determined that remote appearances are suitable in (c)(1) above; or if the court has granted special permission to a party upon a finding of good cause, unforeseen circumstances or that the remote appearance would promote access to justice. a. Time of Notice for Hearing or Trial with At Least 15 Business Days’ Notice. A party choosing to appear remotely at an evidentiary hearing or trial set to occur at least 15 business days later must provide notice of the party’s intent to appear remotely. The party choosing remote appearance must file with the court Judicial Council form RA-010 Notice of Remote Appearance and serve notice on all other parties or persons entitled to receive notice at least 10 business days before the hearing or trial. Service must be by any means authorized by law, including email service, if parties or their counsel have consented to such service. If after receiving notice from a party choosing remote appearance, a person who has not given notice also decides to appear remotely may do so by filing with the court Judicial Council form RA-010 Notice of Remote Appearance and serving all others who have appeared in the action by no later than five (5) business day before the evidentiary hearing or trial. b. Time of Notice for Hearing or Trial Held in Less Than 15 Business Days. A party choosing to appear remotely at an evidentiary hearing or trial set to occur in less than 15 business days, including hearings on restraining orders and protective orders, must provide notice of the party’s intent to appear remotely. i. If the hearing or trial is set to occur with at least three (3) business days’ notice, the party choosing remote appearance must file with the court Judicial Council form RA-010 Notice of Remote Appearance and serve notice on all other parties or persons entitled to receive notice. Service must be by any means authorized by law to ensure delivery at least two (2) business days prior to the proceeding, including email service, if parties or their counsel have consented to such service. If after receiving notice from a party choosing remote appearance, a person who has not given notice also decides to appear remotely may do so by notifying the court and all others who have appeared in the action by no later than noon the business day before the proceeding. ii. If the hearing or trial is set to occur in less than three (3) business days, the party choosing remote appearance must notify the court and all persons entitled to receive notice by serving and filing Judicial Council form RA-010 Notice of Remote Appearance along with the application or pleadings for the proceeding; or, Any party other than the applicant or moving party that chooses to appear remotely must provide notice of their intent to the court and all other parties that have appeared in the action no later than noon the business day before the proceeding. If the notice is oral, it must be given in person or by telephone. If notice is in writing, it must be filed with the court on Judicial Council form RA-010 Notice of Remote Appearance and served on all other parties or persons entitled to receive notice. Service must be by any means authorized by law to ensure delivery no later than noon the business day prior to the proceeding. Service by email is authorized if parties or their counsel have consented to such service. The parties filing the notice must provide a courtesy copy of this form to the department hearing the case pursuant to local rule 1.8(g). 3. Opposition to Remote Proceedings. In response to a notice of a remote proceeding for an evidentiary hearing or trial, a party may make a showing to the court as to why a remote appearance should not be allowed by filing on the court Judicial Council form RA-015 Opposition to Remote Proceedings at Evidentiary Hearing or Trial and serving on all parties to the action at least five (5) business days before the hearing or trial for which the party receives at least 15 days’ notice; or by noon the business day before the hearing or trial for which the party receives less than 15 days’ notice. The parties filing the opposition must provide a courtesy copy of this form to the department hearing the case, pursuant to local rule 1.8(g). 4. Court Determination on Opposition. The court will consider the following factors to determine whether a proceeding or parts of a proceeding will be conducted remotely over opposition: a. an in-person appearance would materially assist in the determination of the hearing or trial, or in the effective resolution of case. b. the quality of the audibility of the hearing may inhibit a court reporter’s ability to accurately prepare a transcript of the hearing. c. the quality of the technology or audibility of the hearing prevents an attorney from providing effective representation to the client. d. the quality of the technology and audibility of the hearing inhibits a court interpreter’s ability to provide language access to a limited English party. e. any limited access to technology or transportation asserted by a party. (Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/24; renumbered & amended 7/1/26) 1.14 Remote Proceedings in Juvenile Dependency Matters a. Remote appearances are authorized in juvenile dependency proceedings pursuant to Code of Civil Procedure § 367.75. California Rules of Court rule 3.672(i) and local rule 1.12 apply in juvenile dependency matters. See local rule 1.10 for general information and requirements for remote proceedings. b. Contested Hearings. Any party who intends to call a witness at a contested hearing (excluding detention hearings) who is not a person identified in California Rule of Court 5.530 and have that person testify via remote technology, must give notice to the court and the other parties of such intention on Judicial Council form RA-025 Request to Appear Remotely – Juvenile Dependency at least 10 calendar days in advance of the hearing. Any party may oppose the request to appear remotely by filing with the court Judicial Council form RA-030 Request to Compel Physical Presence – Juvenile Dependency no later than the close of business three (3) business days before the proceeding. A courtesy copy of the opposition must be provided to the department hearing the case pursuant to local rule 1.8(g). c. Determination of requests and oppositions. The court may or may not grant the request for a witness to testify via remote technology regardless of whether all parties have given consent to the witness’s remote appearance. The court may deny a request to appear remotely if the court determines that an in-person appearance is necessary because: 1. the court cannot ensure that the remote appearance will have the privacy and security necessary to preserve the confidentiality of the proceeding. 2. giving testimony via remote technology may cause undue prejudice to one or more parties or prevent the court from making credibility determinations. 3. for any other reason identified by the court. d. Requirement for Attorneys to Appear in Court. Any attorney asking for a contested hearing may be required to appear in court to conduct the hearing. Attorneys are encouraged to appear in court for such proceedings to ensure an accurate record of the proceedings. (Effective 1/5/22; amended 3/4/22; amended 7/1/22; amended 1/1/23; renumbered & amended 7/1/26) 1.15 Ex Parte/Emergency Order Applications a. Time of Ex Parte/Emergency Orders Review. Contact the clerk’s office, either by phone or in person, to reserve a date for review of an ex parte/emergency order application. b. Filing of Ex Parte/Emergency Orders Application. 1. Ex Parte/Emergency Orders Applications other than Restraining Orders. Applications for ex parte/emergency order have been reserved for review no later than 11:00 am on the day of the scheduled review. 2. Restraining Order Ex Parte Applications. Applications for ex parte restraining orders must be filed in the branch of the court at which the ex parte has been reserved for review no later than 11:00 am on the day of the scheduled review either in person in the clerk’s office or by e-filing pursuant to local rule 1.8(a). c. Notice of Ex Parte/Emergency Orders Application and Review 1. Notice of intent to file an ex parte/emergency orders application must be given to the opposing party or attorney no later than 10:00 a.m. one (1) business day before the application is scheduled to be reviewed by the court. 2. Ex Parte Applications and Notice a. Copies of all ex parte/emergency orders applications, including all declarations, attachments, and other supporting documents must be delivered to opposing parties or counsel by hand, fax, e-mail, text message, direct messaging through social media, or by e-filing service options (for restraining order applications) no later than 10:00 a.m. one (1) business day before the ex parte application is scheduled to be reviewed by the court. Documents being served via first class mail must be mailed at least five (5) business days before the ex parte review. b. Prior to a review of an ex parte application for a restraining order, local form MMC-121 Declaration re: Notice upon Ex Parte Application for Orders must be completed and filed showing that the opposing party received notification of the request for ex parte orders. c. Notice regarding restraining orders may be waived if the court finds that: i. giving notice to the opposing party is impossible; or, ii. notice would frustrate the purpose of the order; or, iii. immediate or irreparable harm could be suffered if notice were given. The party who requests the ex parte application without notice has the burden of presenting evidence which establishes a legal basis for waiver of notice. d. Opposition to an Ex Parte Application for Orders 1. Ex Parte Applications other than Restraining Orders. Any opposition to an ex parte application must be served on the opposing party and filed in person with the clerk in the branch of the court where the ex parte request has been reserved no later than 11:00 a.m. on the day of the scheduled review. 2. Restraining Order Ex Parte Applications. Any opposition to an ex parte application for restraining order must be served on the opposing party and submitted to the court by efiling, by e-mail at exparte@mendocino.courts.ca.gov, or filed in-person at the courthouse where the ex parte application review has been reserved no later than 11:00 a.m. on the day of the scheduled review. e. Judicial Review. The court will review requests for ex parte orders each day between 11:30 a.m. and 1:30 p.m. 1. Orders Issued without Oral Argument. If the court determines there is sufficient information to rule on ex parte/emergency orders without oral argument, the court’s order will be issued no later than 2:00 p.m. After 2:00 p.m., litigants can view the court’s decision by looking up the case through re:SearchCA on the court’s website. 2. Oral Argument. The court may request oral argument prior to ruling on the ex parte/emergency order. The clerk will notify the parties via email (preferred) or phone that oral argument will be heard and will advise the parties of the time and location for appearance. Parties or attorneys may appear at oral argument in person or remotely pursuant to local rules 1.11 and 1.13. 3. Pick up of Orders. Once signed by the court, litigants may pick up copies of orders in person from the clerk’s office. f. Failure to Appear at a Hearing. The failure of the requesting party to appear at a hearing will result in the request for the order being dismissed without prejudice and any temporary orders will expire. g. Requests to Set Aside or Modify Ex Parte/Emergency Orders: A request to set aside or modify temporary ex parte/emergency orders may be filed prior to the scheduled hearing date set for permanent orders. h. Additional Ex Parte Rules Pertaining to Family Law. See local rule 4.6 for information on family law ex parte requests. (Effective 7/1/21; renumbered 1/5/22; amended 1/1/23; amended 7/1/23, amended 1/1/24; renumbered & amended 7/1/26) 1.16 Obtaining Copies of Exhibits or Viewing Exhibits At the conclusion of a trial/hearing and before the exhibits and other materials are returned to the offering party pursuant to local rule 1.17 and 2.8(g), parties may request copies of the exhibits. Copies will be provided at the expense of the requesting party. Exhibits that are retained by the court may be viewed upon request at the clerk’s office. Exhibits that are ordered confidential or sealed, weapons, juvenile records, photographs protected pursuant to Penal Code § 1417.8, and other exhibits that are deemed sensitive may not be viewed Judicial Council form GC-360 Conservatorship Registration Cover Sheet and Attestation of Conservatee’s Non-Residence in California, and Judicial Council form GC-360 Conservatorship Registrant’s Acknowledgment of Receipt of Handbook for Conservators. (Effective 7/1/11; renumbered 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/24; renumbered & amended 7/1/26) 1.17 Return of Exhibits; Civil, Family Law, and Probate Unless otherwise ordered, all exhibits and materials offered into evidence or otherwise presented at trials/hearings, including transcripts of depositions and administrative records, will be returned at the conclusion of the matter to the offering party. The custodial party must sign for all exhibits and materials returned by the clerk and must maintain all exhibits and other materials in the same condition as received until 60 days after a final judgment or dismissal of the entire case is entered. (Effective 7/1/11; renumbered 1/1/18; renumbered 1/1/19l renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/26) 1.18 Order to Show Cause Regarding Dismissal of Pending Civil or Family Law Actions In accordance with the Code of Civil Procedure and California Rules of Court, the court may, on its own motion, provide notice to parties in a civil or family law action of the court’s intention to dismiss the action. The court will set a hearing on the dismissal and provide notice to all parties at least 20 calendar days before the hearing date. Orders to show cause regarding dismissal can be set for hearing for any of the following reasons: a. Dismissal for Delay of Prosecution - No Proof of Service – Two (2) Years: Cases in which the filing party has not provided proof of service, and the action has not been brought to trial or conditionally settled within two (2) years after the date the action was initiated. b. Dismissal for Delay of Prosecution – Proof of Service Provided – Three (3) Years: Cases in which the filing party has provided the court with proof of service, but the action has not been brought to trial or conditionally settled within three (3) years after the date the action was initiated. c. Dismissal – No Proof of Service - Mandatory Time for Service of Summons – Three (3) Years: Cases in which service of the summons and complaint have not been made timely. d. Dismissal – Proof of Service Provided - Mandatory Time for Bringing an Action to Trial/New Trial – Five (5) Years: Cases in which the action has not been brought to trial or new trial within five (5) years of the date the action was initiated. (Effective 7/1/23; renumbered 7/1/26) 1.19 Dismissal of Civil or Family Law Actions: No Proof of Services of Summons If a plaintiff or petitioner in a civil or family law action fails to file proof of service of summons within three (3) years of the date the action was originally filed, the court will issue an order of dismissal on its own motion. (Effective 7/1/23; renumbered 7/1/26) 1.20 Transfer of Cases: All Case Types All documents in cases that are ordered transferred to the jurisdiction of another county will be sent to the receiving county on a device used to store electronic media (e.g. thumb drive). The device will be accompanied by any required filing fees or fee waiver forms, local form MMC-323-327 Notice of Transfer and Acknowledgement of Receipt, and local form MMC-322 Clerk’s Certification of Entire Case File. (Effective 7/1/23; renumbered 7/1/26) 1.21 Payment in Coin Pursuant to Government Code § 68083.5, the court will not accept coins as payment of any bail, fine, or filing fee. (Effective 7/1/05; amended 7/1/08; renumbered 7/1/11; renumbered & amended 1/1/18; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered 7/1/23; renumbered 7/1/26) 1.22 Assistance for Self-Represented Litigants Self-represented litigants can visit the Self-Help Center for assistance with legal information and court procedures. The Self-Help Center aids in several areas of law that are regularly updated on the court website. Included in the Self-Help Center’s services are the statutorily required services of: a. Family Law Facilitator: The Family Law Facilitator performs all duties permitted by the Family Law Facilitator Act, Family Code § 10000 et seq. The Facilitator will be available during office hours and during Case Management Conferences to aid self-represented litigants. b. Small Claims Advisor: Small claims advisory services required by Code of Civil Procedure §§ 116.260 and 116.940. Please see the court website for the Self-Help Center available services, hours, and location. Self-Help | Superior Court of California | County of Mendocino (Effective 1/1/17 renumbered 1/1/19; amended 1/1/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 7/1/26) Research 1.23 Case Research Requests for case information not available on the court’s online information portal must be submitted on local form MMC-900 Research Request Form, along with payment of the required fee. Completion of the requested research of archived cases will be completed within 30 calendar days. (Effective 7/1/24; renumbered 7/1/26) Jury Rules 1.24 Responsibility of Citizens Jury service, unless expressly excused by law, is the responsibility of every citizen. It is the court’s obligation to employ all necessary and appropriate means to assure that citizens fulfill this vital civic function. Persons qualified to perform the public duty of jury service will not be excused from such service except for the causes established by the Code of Civil Procedure §§ 203 and 204. (Effective 1/1/25; renumbered 7/1/26) 1.25 Jury Commissioner As set forth in the Code of Civil Procedure § 190 et seq., the Court Executive Officer is appointed as the Jury Commissioner and is designated to perform all functions appropriate to that position. These functions may be performed by a Deputy Jury Commissioner as may be designated by the Court Executive Officer. (Effective 1/1/25; renumbered 7/1/26) 1.26 Jury Selection Boundaries and Lists In accordance with the Code of Civil Procedure §190 et seq., it is established that the entirety of Mendocino County will be one county-wide geographical selection area for the purpose of producing juror summons lists for both the Ukiah and Fort Bragg court locations. All persons selected for jury duty will be selected at random from a master list composed of the population of Mendocino County using sources as identified in the Code of Civil Procedure § 197. (Effective 1/1/25; renumbered 7/1/26) 1.27 Prior Jury Service A prospective juror who has served on a grand jury, trial jury, or was summoned and appeared for jury service in any state or federal court during the 12 months preceding the appearance date on a new summons will be excused from service on request. (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered 1/1/23; renumbered 7/1/23; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26) 1.28 Failure to Appear for Jury Duty when Summoned Any prospective trial juror who fails to appear or fails to contact the jury commissioner to be excused from attendance when they have been summoned for service may be compelled to appear at an order to show cause hearing to explain to a judge why the juror disregarded the jury summons. Without good cause or a willingness to serve, the court may find the prospective juror in contempt and sanction the juror. (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26) 1.29 No Requests for Transfer of Jury Service Prior to Jury Voir Dire No requests for transfer of jury service from one courthouse to the other will be granted by court staff. Prospective jurors are required to report for jury service to the courthouse that appears on their summons on the date and time specified The judge presiding over the trial will hear juror hardships and will consider travel, disability, financial, or other hardship claims pursuant to the criteria set forth in Civil Code of Procedure § 203 and the California Rules of Court rule 2.1008 only if a juror is sent to a courtroom and is empaneled for the Voir Dire phase of the trial. (Effective 1/1/24; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26) 1.30 Deferment of and Excusal from Jury Service Deferment of jury service is preferred over excusing a prospective juror for a temporary hardship. The court allows a deferment of jury service up to six months from the date of service that appears on a juror’s summons. No more than two (2) deferments of jury duty will be granted. No class or category of persons will be automatically excluded from jury service, except as may be provided by law. A statutory exemption from jury service will be granted only when claimed by the eligible person. Inconvenience to a prospective juror or their employer is not an adequate reason for excusal from jury service, although it may be considered as a reason for deferral of service. Notwithstanding local rule 1.29, upon request of a juror to be excused from jury service due to traveling an excessive distance for appearance at the location stated on their summons, the clerk will transfer the juror’s service to the court branch located closest to the mailing address stated on their summons. If a juror’s service cannot be transferred, the juror will be excused from jury service. “Excessive distance” is defined as travel time that exceeds two (2) hours from the juror’s home to the location of the court. Jurors aged 75 years and older may choose to appear for jury service when summoned or may choose to be excused. In accordance with California Rules of Court, Rules 2.1008 and 2.1009, jurors who are requesting to be excused from jury service, either temporarily or permanently, for a medical reason must submit their request in writing with a supporting letter, memo, or note on the letterhead of their treating health care provider. Requests for deferment or excusal from jury service must be submitted in writing or electronically through the court’s on-line jury system or by email at juryservices@mendocino.courts.ca.gov. (Effective 7/1/25; renumbered & amended 7/1/26) Court Reporter Rules 1.31 Provision of Court Reporters An official court reporter will be provided for the following court proceedings: a. Felony criminal proceedings (including preliminary hearings, other pretrial motions, and court or jury trials), b. Juvenile proceedings, c. Lanterman-Petris-Short (LPS) Act Conservatorship trials The court has a limited number of court reporters to create a verbatim record in every proceeding. The court will prioritize assigning court reporters to juvenile, felony and LPS conservatorship hearings. If available, the court will also provide an official court reporter in family law proceedings. (Effective 1/1/99; amended 7/1/09; amended 1/1/12; amended 7/1/12; amended 1/1/13; renumbered & amended 1/1/19; amended & renumbered 7/1/19; renumbered & amended 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered & amended 1/1/23; renumbered &amended 7/1/23; renumbered & amended 1/1/24; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) 1.32 Use of Electronic Recording Pursuant to Government Code § 69957, electronic recording may be used in the following types of proceedings, when an official reporter is unavailable: infractions, misdemeanors, limited jurisdiction civil matters, and small claims. (Effective 1/1/13; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 1.33 Electronic Filing of Court Ordered Transcripts Staff reporters and pro tem court reporters must file transcripts electronically with the court. Electronic transcripts must conform to the following specifications: a. Electronic transcripts must have a file name in the following uniform format: [year, month, day of proceeding; case name; type of proceeding] Examples: Criminal case: Smith-John 20170817 Civil case: Smith-Jones 20170817 Juvenile or other confidential case: In the matter of JS 20170817 b. There will be a notification placed in the court file indicating the title of the transcript. c. Court reporters must initiate email notifications to all parties and the court when transcripts are uploaded to the data repository. d. The date and time that a transcript is uploaded will constitute the filing date of the transcript (Effective 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Interpreter Rules 1.34 Requests for Interpreters a. Parties who require an interpreter must notify the court at the first court appearance and must also file local form MMC-110 Request for Interpreter with the clerk at least 10 business days before the date of the trial, hearing, or other appearance for which the interpreter is required. For criminal and juvenile matters, the court will provide certified, registered, or provisionally qualified interpreters. The court will diligently attempt to secure a qualified interpreter pursuant to the priorities and provisions set forth in Evidence Code § 756. b. Responsibility for Notice: The party needing the services of an interpreter is responsible for providing notice to the court. The court will not grant continuances in proceedings where the court has obtained the services of court interpreters without a showing of good cause. Parties and counsel seeking continuance of proceedings with court interpreters must request continuances three (3) business days’ prior to the date of the proceeding by submitting to the court local form MMC-110 Request for Court Interpreter advising the court that the interpreter will not be needed. Absent a showing of good cause and proper notice to the court, the judge may order that the cost of the interpreter be paid by the requesting party. (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; amended 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Attorney Fees 1.35 Court Appointed Attorneys: Standards of Experience, Allowable Fees, and Expenses The following sets forth the process by which attorneys 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 and costs for services rendered and expenditures made by counsel properly appointed while matters are pending before the court. Appointment orders must be made before an attorney may begin billing for services and other costs pertaining to the appointment. 2. Application for the payment of fees and costs in misdemeanor or delinquency proceedings will ordinarily be made at the time of the final court disposition of the proceeding in which court appointed counsel served. In no event will the application 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. 3. Pretrial interim application for fees may be made in cases involving the death penalty or life without the possibility of parole, or in exceptionally complex or lengthy cases upon request by appointed counsel. No pretrial interim authorization for fees will exceed the sum of $3,000 per month, plus expenses, for lead counsel and $1,500 per month, plus expenses, for associate counsel. 4. If an attorney believes that the case is of such a special or unusual nature that it 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 written declaration, a reasonable fee exceeding the limits set forth in this schedule may be established by the judge presiding in the case. 5. Except as set forth in local rule 1.39 below, attorneys will not receive extra compensation for normal operating expenses such as mileage, photocopies, and long-distance phone calls; extra compensation will be allowed for such expenses as fees for investigators and expert witnesses in accordance with these rules. 6. If an appointed attorney must appear in the court of another county on a case transferred from this court, the attorney will be entitled to reasonable travel and lodging expenses necessarily incurred in connection with his/her appearance in the court of the other county. The attorney will be reimbursed for necessary mileage and lodging at the rate allowed by the Judicial Council of California. Attorneys will not seek payment of fees for travel time. 7. Application for fees and costs must be completed on local form MMC-131 Claim Form itemizing the legal services rendered, the amount of time for such services, and any expenses incurred. Application for fees and costs must be submitted to the court for subsequent approval by the judge presiding in the case. 8. Any requests for reimbursement of travel or lodging must be made by written declaration. All requests for such reimbursement must include itemized expenses with all applicable receipts attached. Travel expenses must be pre-approved by the judge presiding in the case. b. Criminal and Juvenile (Welfare & Institutions Code § 602) Attorney Appointments: Once approved by the judge presiding in the case, indigent defense costs in all criminal and juvenile (W&I Code § 602) matters are submitted to the County of Mendocino for payment, including all costs pertaining to the Office of the Public Defender and the Office of the Alternate Defender. 1. Criminal and Juvenile Case Classifications a. Class 1: All homicides, 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. b. Class 2: All crimes for which the upper term of punishment is four (4) years or more, but less than Class 1. c. Class 3: All other felonies, misdemeanors, and all juvenile matters. 2. Minimum Experience Requirements for Attorneys Appointed in Criminal and Juvenile (W&I Code § 602) Matters a. Class 1: Certified criminal law specialist or equivalent. b. Class 2: Five (5) years’ experience as an attorney, with a substantial part of such experience in criminal law. c. Class 3: An attorney may be eligible for this class by providing oral or written proof of relevant experience and upon authorization of the judge presiding in the case. 3. Fee Schedule: All criminal and juvenile (W&I Code § 602) 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. a. Class 1: The rate will be $120.00 per hour, unless otherwise determined on a case-by-case basis. b. Class 2: The rate will be $95.00 per hour. c. Class 3: The rate will be $80.00 per hour. c. Civil, Family Law, and Probate Attorney Appointments: Costs pertaining to appointment of attorneys in civil, family law (typically minor’s counsel pursuant to Family Code § 3150), and probate matters are submitted to the court for payment. An attorney may be eligible for appointment in one of these case types by providing written proof of experience required by the California Rules of Court including but not limited to rules 5.242, 7.1101, 7.1105, or other applicable rules, and upon authorization by the judge presiding in the case. The fee for such appointments will be $75.00 per hour. d. Guardianship and Conservatorship Proceedings. Attorneys for guardians or conservators are compensated according to the work performed. The size of the estate corpus and the responsibility assumed by the attorney are only two (2) of the factors considered in arriving at the value of the services. Application for the attorney’s fees must be accompanied by a complete statement of the facts upon which the application is based, a detailed statement of the amount of time devoted to each component of the services, and the specific amount requested for each service. e. Order for Payment. Before any order for the payment of fees is made by the court, the attorney must provide proof of service that all parties entitled to notice have been given notice of the fee application. (Effective 1/1/99; amended 7/1/99; amended 1/1/09; amended 1/1/10; renumbered & amended 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) 1.36 Attorney’s Fees and Representative’s Fees for Extraordinary Services in Probate Proceedings or in any Probate Matter Where a Statutory Fee is not Established a. The court will take into consideration the statutory fee and whether it constitutes adequate compensation for all services rendered by the attorney or representative. b. Notwithstanding the principle stated in paragraph (a), extraordinary compensation will be paid when requested for the following services: 1. Preparation of fiduciary tax returns and resolution of problems arising from the audit of such returns. Payments made to accountants or to other tax preparers for such services and charged to the estate must be set forth in the request for extraordinary compensation. 2. Sales of property without a broker. c. Subject to the principle stated in paragraph (a), compensation for extraordinary services will be considered in the following situations: 1. Litigation on behalf of the estate. 2. Operating or selling a business. 3. Sales of estate property. 4. Performance of any act resulting in extraordinary benefit to the estate or requiring an extraordinary expenditure of time. d. Application for compensation of extraordinary services will not be considered unless the title of the petition and the notice of hearing include a reference to the request. The prayer must set forth the specific amount of the request. e. The application for compensation of extraordinary services or any other services for which a fee is requested other than ordinary services must specify: 1. Date services rendered. 2. Detailed description of services rendered. 3. Hours spent on ordinary services. 4. Hours spent on extraordinary services. 5. Hourly rate; and 6. Total amount requested (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Guardian and Conservator Fees 1.37 Fees and Commission Fixed by Court Prior to Payment There is no authority for the payment of any fees or commissions in decedent’s estates, guardianships, or conservatorships in advance of a court order authorizing the same. Representatives will be surcharged interest to the date of any order authorizing such payment unless in the case of a decedent’s estate the written consent of the residuary beneficiaries is filed with the court and the amounts paid are reasonable and proper. (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 1.38 Guardianship and Conservatorship Fees Factors to be considered in determining the compensation allowable to guardians and conservators are: a. The gross income and assets of the estate. b. The success or failure of administration of the guardian or conservator. c. Any unusual skill or experience which the guardian or conservator in question may have brought to the work. d. The fidelity or disloyalty displayed by the guardian or conservator. e. The amount of risk and responsibility assumed by the guardian or conservator in carrying out such duties. f. The time expended by the guardian or conservator in carrying out such duties. g. The custom in the community as to charges exacted by trust companies and banks. h. The character of the work done during administration whether routine or involving skill and judgment. i. Any estimate which the guardian or conservator has given of the value of the guardian or conservator’s own services (Estate of Nazro, (1971) 15 Cal.App.3rd218). (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) Investigation and Expert Fees 1.39 Investigation Fees and Expenses a. Ancillary Funding Requests. All ancillary funding requests for investigation fees and expenses must be made in writing by the assigned counsel and submitted to the court for review and authorization by the presiding judge or his/her designee. b. Order of Appointment. Orders appointing an investigator must provide a blank space for the judge to insert a dollar limit for the services to be provided. c. Maximum Amount of Fees in Initial Application 1. Cases Other Than Capital or Life Sentence Cases: The initial application must not exceed the sum of $3,000. Additional applications may be made upon showing that further investigation is necessary in an amount not to exceed $2,000 per application. 2. Capital and Life Sentence Cases: The initial application for capital and life sentence cases must not exceed $5,000. Additional applications may be made upon showing that further investigation is necessary in an amount not to exceed $3,000 per application. 3. All Cases: In no event will the court grant fees or expenses not reasonably justified by the nature of the case as supported by written declaration by the assigned counsel. The declaration must specify the nature and purpose of the proposed investigation and must contain an estimate of the fees and expenses involved. The court will consider payment for reasonable time spent writing reports. d. Further Authorization of Fees. If the authorization is reached, further judicial authorization must be obtained before additional billings may be submitted. Requests for additional investigative time must be accompanied by a detailed statement of the work performed up to that time. This detailed statement will not be treated as a request for payment unless the court has granted authorization for such billings. e. License. Upon request, investigators will provide the court with a copy of a valid investigator’s license. f. Hourly Rates. Investigator fees will be paid at $65.00 per hour. Reimbursement for copies of discovery and motions is not permitted. The court will not approve payment for excessive time spent in conference with attorneys, experts, or the defendant. The billing must set forth a detailed explanation of the need for such conference time before the court will consider payment. (Effective 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26) 1.40 Fees in Guardianship or Conservatorship Investigations Guardianship and conservatorship investigator fees will be reimbursed as follows, subject to review by the court: a. Conservatorship investigation: $600 b. Conservatorship review: $300 c. Guardianship investigations: $500 d. Guardianship reviews: $200 (Effective 7/1/16; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; amended 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 1.41 Non-Psychiatric Expert Fees and Expenses a. Ancillary Funding Requests. All ancillary funding requests for investigation fees and expenses must be made in writing by the assigned counsel and submitted to the court for review and authorization by the presiding judge or his/her designee. b. Amount of Fees: In no event will the court grant fees or expenses not reasonably justified by the nature of the case as supported by the written declaration. The written declaration must specify: 1. The nature, purpose, and materiality of the proposed expert services. 2. The name of the expert to be retained. 3. A brief statement of the experts’ qualifications. 4. The proposed expert’s hourly fees for court work and courtroom testimony. 5. An estimate of the fees and expenses involved; and 6. A detailed explanation of any unusual or extraordinary requests. c. Order for Fees and Expenses: The order for expert fees and expenses must be on a form approved by this court. d. Maximum Rates for Expert Services and Testimony: Claims for expert services authorized pursuant to this rule will not exceed the amounts approved by the court. (Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Claim for Payment 1.42 Claim for Payment a. Submission of Claim for Payment. Claimants, including attorneys, investigators, experts, expert witnesses, and others must submit billings when work on the case has been concluded, unless the time worked spans more than one (1) fiscal year. In such instances, claimants must submit billings for the work performed in the first fiscal year no later than July 15th. In all other instances, billings must be presented within 30 days of the conclusion of the case. In cases involving many hours of work, the court may authorize, in advance, interim billings. When interim billings are authorized, each bill must identify the time-period that it covers and be identified by a progress payment number (e.g. “Interim Billing No. 3”). b. Request for Payment. The request for claimant fees and expenses must be in the form approved by this court. All claims for payment must include in the caption a cumulative total of all payments to date (if any). Subsequent claims must not include any expenses incurred prior to the date the last claim was submitted. Claims for fees and expenses must be made on local form MMC-131 Claim Form and must include a copy of the court order appointing the claimant and awarding fees, as well as a detailed accounting of all claimed fees and expenses. Claim forms and attachments must be submitted to the Accounting Department, which will submit the claim to a judge to review and authorize the claim. Once approved, the claim will be processed by the court or the County of Mendocino. c. Claims Requirements. All claims must contain a detailed statement of services rendered. Time must be billed in increments of 1/10 hour. Each claim must clearly identify the work performed and the name of the person who performed it. The following types of services must be separately identified: ▪ Travel time. ▪ Time spent interviewing witnesses, defendants, or parties. ▪ Time spent in conference with attorneys, other experts, or defendants. ▪ Time spent reviewing reports or other documents. ▪ Time spent measuring, diagramming, or photographing scenes, locations, persons, and objects. ▪ Time spent researching public records or obtaining documents or other information. Mileage reimbursement will be based on the current mileage rate used by the Judicial Council of California. Mileage claims must be supported by MapQuest or other similar mapping program documentation. d. Requests for Extraordinary Costs. In no event will the court grant extraordinary fees or expenses not reasonably justified by the nature of the case, as supported by written declaration. The declaration must specify the nature and purpose of the proposed services and contain an estimate of the fees and expenses involved. Unusual or extraordinary requests must be justified in detail. The court will NOT authorize payment without specific prior approval for: ▪ Clerical work ▪ Courtroom observation ▪ Travel costs (e.g. meals, lodging, airfare, travel time) ▪ Copies of discovery or motions ▪ Other unusual services e. Claims Confidentiality. Claimant billings will be treated as confidential in all criminal and juvenile cases. f. Disclosure of Other Compensation for Services on Court Appointed Cases. A claimant must disclose fully, in writing, any payment or other compensation received from any source other than the court for services rendered in connection with any case in which the claimant has been appointed. g. Submission. Claim forms may be submitted by in person or via email to accounting@mendocino.courts.ca.gov. (Effective 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered & amended 7/1/23; renumbered & amended 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26) Use of Electronic Devices or Cameras for Making Photographs, Videotapes, or Audio Recordings in the Courthouse 1.43 Media Coverage No filming, photography or electronic recording is permitted in courthouses unless expressly authorized by the court or consistent with California Rules of Court rule 1.150, Government Code section 68150, and/or these local rules. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26) 1.44 Requests for Photography, Videotaping or Audio Recording Requests for any type of video, still photography or audio coverage, including pool cameras, in a courtroom for a specific court proceeding must be made in compliance with California Rules of Court rule 1.150(e)(1). Requests must be submitted on Judicial Council form MC-500 Media Request to Photograph, Record, or Broadcast and accompanied by the MC-510 Order on Media Request to Permit Coverage to Court Administration in Room 303 at the Ukiah courthouse or via email to court.administration@mendocino.courts.ca.gov. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 1.45 Use of Handheld Electronic Devices, Photography, Videotaping and Audio Recording Devices As permitted by California law, visitors to the courthouses are authorized to photograph publicly available court case records generally accessible through the court’s electronic case information system, re:Search CA. Records that may be photographed include, but are not limited to, dockets, filed documents, case summaries and other information. The court may set reasonable limits on the use of the visitors’ equipment necessary to prohibit the copying of records from being an unreasonable burden to the orderly function of the court or that prevent other visitors from having access to the kiosks that provide these records. If a visitor requires certification, exemplification, or any other official acknowledgement from the court as to the authenticity of court case records, the visitor will be required to purchase these documents according to fees listed on the court’s fee schedule. With the exception of court case records, the following limitations apply to the use of handheld electronic devices, photography, videotaping, or audio recording, unless an exception is expressly permitted by written judicial order or as permitted by local rule 1.44: a. Videotaping, photographing, or electronic recording by the media and/or the public is not permitted in any part of the courthouse, including but not limited to, lobby areas, halls, stairs, elevators, clerks’ windows, or meeting rooms. b. Video equipment, photography equipment, and electronic recording devices must be turned off while transporting them in any area of the court. c. All audible electronic devices must be turned off when they are in the courtrooms. d. Any photography of the interior of a courtroom through the glass door windows or from the doorway of a courtroom is prohibited, even if an exception is granted for courthouse areas outside the courtroom. e. When audio and/or video recording is not permitted by a judicial officer, electronic recording devices may be taken into the courtroom only if they are turned off and remain inside an enclosed case. f. Attorneys, parties, experts, and witnesses involved in a proceeding may use their electronic devices to perform court related functions while in the courtroom. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered & amended 1/1/24; renumbered & amended 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered & amended 7/1/26) 1.46 Prohibited Coverage In accordance with California Rule of Court rule 1.150(e)(6) and these local rules, the media and public are prohibited from audio or video recording and photography of any of the following: a. A proceeding closed to the public. b. Jurors or spectators. c. Jury selection. d. Conferences between an attorney and client/witness, interpreter, and party/witness. e. Conferences between attorneys. f. Conferences between counsel and a judicial officer at the bench (“sidebars”). g. Proceedings held in chambers. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered /1/26) 1.47 Areas in Court Facilities Where Media Activities are Authorized Photos, news conferences, and on-camera statements are allowed only in areas specified for that purpose. Requests for media photos and interviews must be made to the presiding judge. The media must not impede access to the courthouse for court staff, visitors, and other members of the public. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) 1.48 Ceremonial Events Unless the court orders otherwise, these rules do not prohibit photography or recording of ceremonial events held by the court, a governmental agency or bar association; mock trial competitions; weddings; adoptions; or other authorized events held in a courtroom when court is not in session. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/2; renumbered 7/1/244; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) 1.49 Body Worn Cameras Law enforcement officers with body worn cameras will not activate the recording functions of the camera or microphone in the courthouse unless they are involved in a law enforcement incident that may result in an arrest. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) Court Security 1.50 Court Security a. The courthouses in Ukiah and Fort Bragg require perimeter screening before entering either facility. Upon entering these facilities, all members of the public, attorneys, court staff, county staff, and off-duty peace officers will be subject to search using a walk-through metal detector, x-ray screening of all non-food items, and visual inspection of food containers. At the direction of court security personnel, persons entering the facility may be required to submit to additional metal detection scanning with a handheld device. b. Court employee work areas are restricted to court personnel and judicial officers. County employees who may be delivering mail or performing other services, and vendors performing services authorized by the court will be permitted into these restricted areas. County employees whose duty stations are located in the courthouse facility must adhere to these court security rules and may not possess weapons or dangerous items or materials in any court facility except as specified below. c. On duty peace officers, including probation officers, either in uniform or, if not in uniform, presenting picture identification to security staff, who are attending law enforcement business at the courthouse facility, may be admitted without being searched. Security personnel may verify the identity of any officer by requesting proper identification. If the identity of an officer cannot be verified through identification carried by the officer or through reasonable efforts by security personnel, this exemption will not apply. Area tribal police officers may enter the courthouse carrying their duty weapons if they are in uniform, on duty, and are able to present a valid police department identification card. Peace officers, including probation officers and tribal police officers, appearing on personal matters may not bring weapons into any court facility pursuant to Penal Code § 171(b)(2)(B). d. Weapons or dangerous items or materials cannot be brought into a courthouse facility, unless in the possession of an on-duty peace officer as described in (c) above. Weapons or dangerous materials will be authorized to enter the courthouse when they are to be used as evidence in court, are properly secured to prevent accidental discharge or release, and are being delivered to court by someone authorized by state law to do so. Weapons, dangerous items, or materials include: 1. Items prohibited by Penal Code § 171b, including firearms, knives, tear gas weapons, laser or stun guns, instruments that expel metallic projectiles, spot markers, and paint guns. 2. Items prohibited by Penal Code § 1202, including undetectable and disguised firearms, metal knuckles, hand grenades, clubs, and blackjacks. 3. Any explosive or incendiary device, or any toxic, radioactive, or flammable material. 4. Any item that could be used to stab, cut or to commit mayhem, such as pointed scissors, letter openers, pocketknives, glass bottles, screwdrivers, awls, saw blades, and stakes. 5. Any item which could be used as a club, such as a hammer. The following items are excluded from the definition of weapons or dangerous items or materials. 1. Food, beverages, and non-sharp utensils carried into a court facility by court or county employees assigned to work within the courthouse facility, or by jurors displaying valid juror identification. 2. Tools and flammable materials required for authorized facility maintenance or construction in approved containers and are being transported by someone authorized to do so within the facility. e. Tampering with security equipment or attempting to bypass the security screening is a violation of this local rule and punishable through contempt proceedings. (Effective 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Court Collections Program 1.51 Court Collections For cases filed on or after February 8, 2021, defendants that fail to pay or appear in court on infraction matters shall be referred to the Court Collections Program. Defendants that fail to make court ordered payments on criminal fines, fees and penalty assessments will also be referred to the Court Collections Program. Once referred to the Court Collections Program, defendants will have an opportunity to set up payment plans to resolve these outstanding accounts. If defendants fail to resolve the outstanding balances, the Court Collections Program may refer these unpaid debts to the Franchise Tax Board which has the authority to intercept tax refunds, garnish wages, and seize bank accounts. For cases filed before February 8, 2021, defendants with unpaid infraction, misdemeanor or felony fines, fees and penalty assessments will be referred to the County of Mendocino’s Collection Program. (Effective 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 1.52 Overpayment on Criminal and Traffic Cases Overpayments on felony, misdemeanor, or infraction cases may occur because a defendant overpays the amount due or the California Franchise Tax Board, through its Tax Intercept or Court-Ordered Debt Programs, collects more from a defendant than is owed on a particular case. If a defendant, his/her representative, or the Franchise Tax Board overpays the amount due on felony, misdemeanor, or infraction fines and fees on a particular case, the court will determine whether there are other adjudicated cases with outstanding balances due. If there are such cases, the court will apply the overpayment to those cases, starting with the oldest outstanding balance(s) due. The court will only issue a refund to a defendant if there are no outstanding balances due on adjudicated cases or there are pending cases that have not yet been adjudicated. (Effective 7/1/25; renumbered 7/1/26) 1.53 Payment Plans in Delinquent Criminal and Traffic Cases Thirty (30) days following a final notice to defendants of unpaid and delinquent fines, fees and forfeitures, the court shall submit the unpaid delinquent debt to California Franchise Tax Board for further collection efforts. Once the case is transferred to the Franchise Tax Board, the court will no longer set up payment plans with defendants to pay outstanding fines, fees and forfeitures. For cases submitted to the Franchise Tax Board’s Tax Intercept Program, defendants on existing payment plans may have their state tax refunds reduced by the amount of the outstanding debt. Defendants may continue to make their monthly installment payments to the court while the Tax Intercept Program is reviewing tax refunds for individuals with outstanding court debt. For cases submitted to the Franchise Tax Board’s Court Ordered Debt Program, the court will terminate existing payment plans and direct the defendants to the Court Ordered Debt Program to set up payment plans with that office. (Effective 7/1/26) Use of Generative Artificial Intelligence in Court Cases 1.54 Definition of Generative Artificial Intelligence (Gen AI) For the purposes of these Local Rules, generative artificial intelligence (Gen AI) is an emerging technology capable of creating original court case documents on behalf of attorneys and litigants that choose to make use of this technology. (Effective 7/1/26) 1.55 Prohibition of Submission of Pleadings or Other Case Documents Using Gen AI The court prohibits the submission of pleadings or other filed or lodged court case documents containing legal argument and/or citations generated by AI unless the filer carefully checks every case citation, fact and argument to make sure they are accurate, relevant and proper. No party or attorney may delegate this responsibility to AI or any other form of technology. The court will assume that any filed or lodged document in case cases will have undergone this rigorous review and scrutiny by the filer. (Effective 7/1/26)
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.