Mendocino County Superior Court Local Rules (effective July 1, 2026) — Chapter 2: Civil Court Rules

Requirement

Chapter 2: Civil Court Rules 2.1 Case Management Conferences Case Management Conferences will be conducted in all new Unlawful Detainer, Limited Civil, and Unlimited Civil actions. a. Setting of Case Management Conference and Order to Show Cause Hearing: 1. Unlawful Detainer Actions: A joint Case Management Conference and Order to Show Cause hearing for failure to timely file a proof of service will be set in all Unlawful Detainer actions for a date not later than 45 days after the filing of the complaint. The hearing will be vacated upon the timely filing of the required proof of service, or a dismissal of the action, and parties will not be required to appear. A joint Case Management Conference and Order to Show Cause hearing for failure to dismiss or file a default judgment will be set for a date not later than 395 days after the filing of the complaint. The hearing will be vacated upon the filing of a dismissal of the action, or a defaulted judgment, and parties will not be required to appear. The court may impose sanctions for failure to comply with service and/or default deadlines. 2. Limited Civil Actions: In accordance with California Rules of Court, Rule 3.740, a joint Case Management Conference and Order to Show Cause hearing for failure to timely file a proof of service will be set in all Limited Civil actions for a date not later than 180 days after the filing of the complaint. The hearing will be vacated upon the timely filing of the required proof of service, or a dismissal of the action, and parties will not be required to appear. The court may impose sanctions for failure to comply with service. Additionally, a joint Case Management Conference and Order to Show Cause hearing for failure to dismiss or file a default judgment will be set for a date not later than 395 days after the filing of the complaint. The hearing will be vacated upon the filing of a dismissal of the action, or a defaulted judgment, and parties will not be required to appear. The court may impose sanctions for failure to dismiss or comply with default deadlines. Upon filing of an answer, a Case Management Conference regarding case status will be set and noticed for a date not later than 120 days after the filing of the answer. 3. Unlimited Civil Actions: A joint Case Management Conference and Order to Show Cause hearing for failure to timely file a proof of service will be set in all Unlimited Civil actions for a date not later than 75 days after the filing of the complaint. The hearing will be vacated upon the timely filing of the required proof of service, or a dismissal of the action, and parties will not be required to appear. The court may impose sanctions for failure to dismiss of comply with service deadlines. In accordance with California Rules of Court, Rules 3.722-3.730, a Case Management Conference will be set for a date 120 days after the filing of the complaint. b. Required Pleadings: All Unlawful Detainer and Limited Civil complaints filed and submitted pursuant to local rule 1.8, must include local form MCV-102 Notice of Limited Civil Case Management Conference and Order to Show Cause re: Failure to Comply with the case name completed. All Unlimited Civil complaints filed and submitted pursuant to local rule 1.8, must include local form MCV-101 Notice of Case Management Conference and Order to Show Cause re: Failure to Comply with Service Deadlines with the case name completed. The court clerk will set the required hearing dates and will return the form to the e-filer. For filings submitted by any means other than e-filing, the clerk will prepare and deliver the Notice form to the filing party at the time that the complaint is filed. The party filing the initial pleading must serve a copy of the completed notice on all parties named in the pleading, together with the summons, complaint, and other initial pleadings. If a cross-complaint names new parties in an action, the cross-complainant will serve copies of the completed notice on all new parties at the same time the cross-complaint is served. (Effective 1/1/13; renumbered 1/1/19; amended 1/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/25; amended 7/1/26) 2.2 Continuances a. Parties may continue a civil hearing or trial date to a date approved by the clerk one (1) time by stipulation and payment of applicable fees. b. Additional continuances may be obtained by written stipulation of the parties with approval of the court. Parties must submit a fully executed stipulation and proposed order demonstrating good cause for the continuance before the scheduled hearing/trial date. c. A party who announces in open court that a law and motion hearing has been continued by stipulation must file and serve written notice on all parties of the continued hearing date. d. A party seeking a continuance of any motion or trial without a stipulation of the parties must do so by noticed motion, ex parte application, or oral motion in open court showing good cause for the continuance. e. For proceedings in which any party has requested a court interpreter, the party seeking the continuance shall give five (5) business days’ notice prior to the date of the proceeding and serve such notice on the court and opposing party. Upon receipt of such notice and within three (3) business days prior to the date of the proceeding, the party requesting the interpreter must comply with the interpreter cancellation notification process specified in local rule 1.34(b). (Effective 1/1/99; amended 1/1/03; amended 7/1/08; amended 7/1/12; renumbered & amended 1/1/13; renumbered 1/1/19; amended 1/1/21: amended 7/1/22; amended 7/1/25; amended 7/1/26) 2.3 The Pretrial Conference a. A pretrial conference may be held in any long cause matter on the civil active list whether scheduled for jury trial or court trial. The pretrial conference must be attended by counsel who will try the case and all unrepresented parties. b. Pretrial Statement Required 1. Pursuant to the order setting the action for pretrial conference, counsel must file a Joint Pretrial Statement or separate Pretrial Statement no less than five (5) business days before the scheduled pretrial conference. Pretrial statements will not exceed 10 pages. 2. Counsel and unrepresented parties must meet in good faith to prepare the pretrial statement(s) to narrow down the legal and factual issues which the court will have to try, arrive at stipulations, and attempt settlement of the action at least 15 days prior to the pretrial conference. 3. Form and Contents of Pretrial Statement. The pretrial statement must include the name of the parties submitting the statement, set forth the nature of the action, and include the following items in the following order: a. Jurisdiction and Venue: List of jurisdiction or venue disputes including the supporting legal and factual issues. b. Substance of the Action: Description of the claims, defenses, and issues to be decided in impartial and non-argumentative language suitable for reading to the jury at trial. c. Undisputed Facts: Statement of the agreed upon undisputed facts to be incorporated into the trial record without supporting testimony and exhibits. d. Disputed Facts: Statement of all disputed factual issues. e. Disputed Evidence: Summary of anticipated disputes concerning admissibility of evidence. f. Relief Sought: Statement of the relief claimed, including an itemization of monetary damages sought. g. Abandoned Issues: Statement of abandoned issues raised in the original pleadings (i.e. causes of action, affirmative defenses). h. Previous Motions: List of all filed motions in the proceeding and the disposition of each. i. Witnesses: List of all witnesses likely to be called at trial, in person or by deposition, with a description of the substance of the testimony to be given after each name. Impeachment or rebuttal witnesses are excluded from this list. j. Exhibits, Schedules, and Summaries: List of all documents and items to be offered as exhibits at trial including a description of its substance, purpose, and identity of the sponsoring witness after each exhibit. Only listed exhibits will be permitted at trial except as otherwise provided in the pretrial order. Impeachment or rebuttal exhibits are excluded from this list. k. Discovery Documents: List of all answers to interrogatories and responses to requests for admission that are to be offered at trial. l. Discovery or Motions: Requests for additional discovery or pretrial motions. m. Stipulations: List of stipulations requested or offered for pretrial or trial purposes. n. Amendments and Dismissals: List of amended pleadings, dismissals, additions or substitutions of parties, or dispositions as to defaulting parties. o. Settlement: A statement summarizing the status of settlement negotiations indicating whether further negotiations or settlement conferences might be productive. p. Agreed Statement: Indication if an agreed upon statement of facts, in whole or in part, is feasible and desired. q. Bifurcation, Separate Trial of Issues: Statement of whether bifurcation or a separate trial of specific issues is feasible and desired. r. Appointment and Limitation of Experts: Indication if an impartial expert witness appointed by the court is required and whether limitation of expert witnesses is feasible and desired. s. Estimate of Trial Time: Estimate of the number of court days expected for the presentation of each party’s case. Counsel are expected to reduce the time required for trial by all feasible means, including stipulation, agreed statement of facts, expedited means of presenting testimony and exhibits, and avoidance of cumulative proof. t. Attorney’s Fees: List of attorney’s fees requested, the legal and factual basis for the request, and the time and manner for the fees to be ascertained. u. Miscellaneous: Any other comments, suggestions, or information that might aid in the determination of the action. c. Additional Requirements for Pretrial Conference. Unless otherwise ordered, parties must file with the court and serve on opposing parties’ copies of the following: 1. Trial Briefs. On or before the date of the pretrial conference. No later than the Friday before trial in the even that no pretrial conference is scheduled. 2. Motions in Limine Pursuant to Local Rule 2.4(a). No less than five (5) business days before the pretrial conference. 3. Jury Voir Dire Questions Pursuant to California Rules of Court rule 3.1549. No less than five (5) business days before the pretrial conference. 4. Proposed Jury Instructions Pursuant to California Rules of Court rules 2.1055 and 2.1058. No less than five (5) business days before the pretrial conference. 5. Proposed General or Special Verdict Forms. No less than five (5) business days before the pretrial conference. 6. List of Exhibits Pursuant to Local Rule 2.5. On or before the date of the pretrial conference (Effective 1/1/13; renumbered 1/1/19; amended 1/2/21) 2.4 Motions, Evidence or Other Trial-Related Matters a. Motions in Limine: Unless otherwise ordered, each party must file and serve all motions in limine on significant disputed issues of law and foreseeable procedural or evidentiary issues no less than five (5) business days before the date of the pretrial conference. Written opposition to a motion in limine, if any, must be filed and served at least one (1) business day prior to the pretrial conference. Counsel and self-represented litigants must be prepared to argue motions in limine at the pretrial conference. b. Meet and Confer prior to Filing Motion. Prior to filing any motion, the moving party must make a reasonable, good faith attempt to resolve the matter. A declaration of facts supporting the party’s attempt to meet and confer or explaining why such an attempt would not be reasonable must be filed with the motion. If resolution is not possible, the moving party must attempt to coordinate a hearing date with the opposing party or parties. c. Motions to Compel Entry of Judgment. Motions to compel entry of judgment pursuant to Code of Civil Procedure § 664.6 will be heard in the department of the judge before whom the parties stipulated. d. Reporting of Law & Motion Matters. This court does not regularly provide for reporting of hearings in civil or probate matters. (Effective 1/1/21; amended 7/1/22; amended 1/1/25) 2.5 Exhibits a. Meet and Confer re Trial Exhibits: Before the Pretrial Conference, parties must meet and discuss documentary evidence, including any deposition excerpts, discovery responses, summaries, charts, or other physical evidence each party may offer at trial. The parties must attempt to resolve any objections that may arise. Any unresolved evidentiary issues must be brought to the court’s attention at the pretrial conference. b. Depositions and Administrative Records: Any depositions or administrative records submitted to the court as exhibits must be submitted on a USB flash drive clearly labeled with the case name, case number, and contents of the USB drive. c. Pre-Marking Exhibits for use at Trial: Parties are encouraged to pre-mark exhibits for use at trial. The clerk will be available to pre-mark exhibits at the pretrial conference and before court starts on each day of trial. Please do not ask the clerk to pre-mark exhibits while court is in session. d. Exhibit List: Each party will provide the clerk with a list of exhibits including a brief description of each item that the party expects to offer at trial. e. Copies of Exhibits: Parties must bring extra copies of documentary exhibits for opposing counsel and the court, including copies of any depositions, administrative records, or excerpts of same. To assist in keeping track of trial exhibits, parties may stipulate to show witnesses copies instead of marked trial exhibits. f. Trial Binders: Trial binders containing multiple exhibits will not be marked with evidence tags. Each exhibit must be separately marked for identification. g. Post-Trial Return of Exhibits: Unless otherwise ordered, all exhibits will be returned to the custody of the offering party at the conclusion of trial. Prior to exhibits being returned, parties may request that the clerk provide a certified copy of any exhibits at the requesting party’s expense. (Effective 1/1/13; renumbered 1/1/19; renumbered 1/1/20; renumbered & amended 1/1/2; amended 7/1/24) 2.6 Tentative Rulings a. Tentative rulings are issued at the court’s discretion. If a tentative ruling has not been issued, parties or their attorney(s) of record are to appear at the scheduled hearing. b. Tentative Rulings are available on the Court’s Website. Civil and probate tentative rulings for matters set on the law and motion calendar are issued no later than 3:00 p.m. the business day before the scheduled hearing. Tentative rulings are available on the court’s website. c. Oral Argument 1. The court may request oral argument in its tentative ruling and may specify the issues on which the court wants to hear argument. 2. If not requested by the court, oral argument will be permitted only if a party notifies the court and all other parties by 4:00 p.m. the business day before the hearing of the party’s intent to appear. Notification to the court should be sent via email to tr@mendocino.courts.ca.gov. 3. Oral argument will be heard each Friday on the law and motion calendar unless otherwise set by the court. d. The tentative ruling will become the ruling of the court if the court has not requested oral argument and notice of intent to appear has not been given. The prevailing party must prepare and submit a proposed order unless a proposed order consistent with the tentative decision has previously been lodged with the court. (Effective 7/1/12; renumbered 1/1/13; amended 1/1/13; renumbered 1/1/19; renumbered & amended 1/1/21; renumbered & amended 7/1/21; amended 1/1/23; amended 1/1/25; amended 7/1/25) 2.7 Mandatory Settlement Conference a. Settlement Conference Statement. A detailed Settlement Conference Statement must be submitted pursuant to California Rules of Court rule 3.1380(c). b. Parties claiming damages in a personal injury action must bring all reports and records of all examining doctors to the settlement conference. A list of all special damages claimed, with supporting evidence, must be available for examination by the settlement conference judge. The special damages for each plaintiff should be up to date, listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any. Opposing parties must bring copies of all reports and records of all examining doctors who examined the plaintiff, employed by them or their insurance carrier if any, for consideration by the settlement conference judge. c. All parties will organize, in advance, and bring to the conference such medical reports and records, any depositions (with relevant pages and lines pre-marked), photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all other documents pertinent to settlement of the case for examination by the settlement conference judge. d. All parties will set forth the date, amount, and terms of the highest offer and the lowest demand by each party, as well as the insurance coverage limits available to each party defendant or plaintiff. e. All parties must ascertain whether there are claims or liens which may affect a settlement. A written request to attend the settlement conference must be sent to such claimants, lienholders or their representatives and a copy of the request must be brought to the settlement conference. f. Duties of Party at Conference. All parties attending a mandatory settlement conference must be thoroughly familiar with the relevant evidence available to him/her pertaining to all issues and be prepared to discuss all aspects of the case. Additionally, the attorney for each party requesting a jury trial in a case where the right is not guaranteed by law or in a case in which special verdicts or findings of the jury will be required, must present any special verdict form or interrogatories which will be required for the resolution of the case by the jury. g. Appearance at Mandatory Settlement Conference. All persons whose consent is required to settle a case, including but not limited to named parties, corporate officer(s) or insurance representatives, must personally attend the mandatory settlement conference unless excused by the court. 1. Remote Appearance. Any party who wishes to appear via telephone must contact the settlement conference official to arrange the telephonic appearance. Video appearances at mandatory settlement conferences are not allowed. 2. The court, in its discretion, may require the personal attendance of a party at the mandatory settlement conference even if travel more than 150 miles is required. h. Settlement of Case: In any civil action where Judicial Council form CM-200 Notice of Settlement of Entire Case has been filed indicating that an unconditional or conditional settlement has been reached, and in which the filing party fails to file a dismissal, enter judgment, or request reinstatement of the case, an Order to Show Cause hearing will be set and noticed for a date not later than 30 days after the date indicated on the notice of settlement in which a request for dismissal was to have been filed. Parties and/or counsel are required to appear at the Order to Cause hearing to show cause as to why sanctions should not be imposed to failure to dismiss, enter judgment, or request reinstatement of the action. Upon filing of a dismissal of the action or a request for judgment or reinstatement of the action, the Order to Show Cause hearing will be vacated, and the appearance of parties and/or counsel will not be required. (Effective 1/1/21; renumbered & amended 7/1/21; amended 7/1/22; amended 7/1/23; amended 7/1/25) 2.8 Electronic Service/Notification (CCP § 1010.6) a. Mandatory Electronic Service / Notification: Except for documents requiring service by registered or certified mail, the court will electronically serve all documents issued by the court on all parties subject to mandatory e-filing pursuant to Local Rule 1.8 and any party bound by court order to use electronic service. Unrepresented parties may consent to electronic service of documents issued by the court by filing Judicial Council form EFS-005-CV Consent to Electronic Service and Notice of Electronic Service Address with the court. b. Provide and Maintain Updated E-Mail Address: Parties subject to mandatory electronic service, or unrepresented parties who have consented to electronic service, are required to provide the court with an accurate e-mail address. Parties who provide more than one e-mail address are required to designate one address as the primary address to which documents will be sent. It is the responsibility of the parties to keep the court informed of any changes to an e-mail address. c. Request for Exemption from Electronic Service or Withdrawal of Consent to Electronic Service: Parties subject to mandatory electronic service may request an exemption from electronic service by filing Judicial Council form EFS-007 Request for Exemption from Mandatory Electronic Filing and Service and lodging Judicial Council form EFS-008 Order of Exemption from Electronic Filing and Service. An unrepresented party must file Judicial Council form EFS-006 Withdrawal of Consent to Electronic Service to withdraw consent to electronic service. (Effective 1/1/25) 2.9 Prove Up Hearing for Default Judgments In any quiet title action or complaint alleging fraud or a complaint requesting punitive damages, the court will set a prove-up hearing upon any request for a default judgment. The court may require a prove-up hearing in any other action where a default judgment is requested. (Effective 7/1/24; renumbered 1/1/25) 2.10 Attorney as Witness in Jury Trial An attorney testifying on the merits of the case as a witness on behalf of his client will not argue the case to the jury unless by permission of the court. (Effective 1/1/13; renumbered 1/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 7/1/24; renumbered 1/1/25) 2.11 Submission and Lodging of Administrative Records In all matters in which an Administrative Record is lodged with the court, the record must be submitted on a USB flash drive. The USB flash drive must be clearly labeled “ADMINISTRATIVE RECORD” and must include the case name, case number, and the name of the party submitting the record. Once submitted, the clerk will indicate the date the record was lodged on the label of the USB flash drive, enter the lodging of the record in the court’s case management system, and store the USB flash drive until after the termination of all required appeal periods. (Effective 1/1/23; renumbered 7/1/24; renumbered 1/1/25) 2.12 Attorney Fee Schedule in a Default Action on a Note or Contract a. Any request for attorney fees on a default action on a note or contract to be issued by the clerk must be accompanied by a declaration from the attorney that they will accept the amount as set forth below in section b below. If no declaration is attached, no fees will be awarded unless the attorney sets a hearing before the judge. b. Exclusive of costs, counsel fees will be awarded in a default action on a promissory note or contract providing for the payment of counsel fees as follows: ▪ 25% of the first $5,000 with a minimum of $250 ▪ 10% of the amount over $5,000 ▪ In any default action where the attorneys’ fees request exceeds $7,500, a prove up hearing may be required to establish the reasonableness of the requested fees. (Effective 7/1/25) Small Claims 2.13 Service by Certified Mail The court clerk will attempt to serve a plaintiff’s claim on a corporation, partnership, or agency by certified mail with return receipt requested. Plaintiff must submit local form MMC-300 Certified Mail Statement (Small Claims) with the required service fee when requesting the clerk to attempt service by certified mail (fee waivers are not applicable). (Effective 7/1/24; renumbered 1/1/25; renumbered 7/1/25) 2.14 Delay Reduction a. Resetting of scheduled hearing: If a plaintiff is unable to serve a defendant prior to a scheduled hearing, the plaintiff may request the court clerk to reset the scheduled hearing. A scheduled hearing may only be reset one time, and the request must be made at least three (3) business days prior to the scheduled hearing. Further continuance requests must be submitted in writing using the appropriate Judicial Council form. b. Plaintiff’s Failure to Appear: A Plaintiff’s failure to appear for a scheduled Small Claims hearing may result in the dismissal of the case. c. Failure to File Proof of Service: Failure to file proof of service in compliance with CCP section 116.340(c) may result in the matter being dismissed. (Effective 7/1/24; renumbered 1/1/25; renumbered 7/1/25) Unlawful Detainer Actions 2.15 Trial Setting a. Unlimited Unlawful Detainer Actions: It is the responsibility of the parties in an unlimited unlawful detainer action to notify the court that they are entitled to an expedited trial. b. Limited Unlawful Detainer Actions: When a limited unlawful detainer case is ready for trial, any party to the action may file and serve a request for trial using the mandatory Judicial Council form UD-150 Request / Counter-Request to Set Case for Trial – Unlawful Detainer. The form must be completed in its entirety and the proof of service on the reverse side of the form must be filled out and submitted after the opposing party has been served with the request or counter-request for trial. c. Upon receipt of a request for trial, if no jury trial is demanded, the clerk will set the trial date pursuant to the time standards set forth in the Code of Civil Procedure section 1170.5 and will promptly notify all parties in writing of the trial date. 1. If a counter-request for jury trial is demanded in an unlawful detainer action, such demand must be made no later than five (5) calendar days after notice of a trial date set by the clerk, if the party was served with the notice by email or by personal service, or ten (10) days if notice is mailed by the clerk of the court. 2. If a timely demand for jury trial is filed, the set trial date will be converted to a Trial Readiness/Pre-Trial Conference hearing date for setting of a jury trial date. The court may consider dates of unavailability; however, trials will be scheduled according to the court’s calendar and within the timeframes prescribed by statute. Parties who are completely familiar with the case and who possess the authority to enter into stipulations must be present at the scheduled hearing. Any orders made will be binding on the parties and will not be subject to reconsideration due to a party or an attorney’s unfamiliarity with the case at the time of the hearing. The parties must be prepared to discuss any unusual evidentiary or legal issues anticipated during the trial and all remaining matters believed by any party to be appropriate for stipulation. (Effective 7/1/26) 2.16 Jury Trial Fees Advance jury fees must be paid pursuant to the Code of Civil Procedure section 631 and must be deposited with the clerk’s office at least five (5) calendar days prior to the date of trial. At the commencement of the second day of trial, and on each succeeding day of trial, fees in a sum equal to one day’s jury fees and mileage must be deposited with the clerk’s office prior to start of each day of trial. If, during voir dire or trial, the party responsible for jury fees waives the jury or fails to pay the required jury fees, the other party may preserve their right to jury trial by depositing the fees. If no other party deposits the required jury fees, the jury is deemed waived and the trial will proceed without a jury. If relief is sought for the waiver of jury fees, the mandatory Judicial Council form FW-002 Request to Waive Additional Court Fees, with an accompanying mandatory Judicial Council form FW-003 Order on Court Fee Waiver, must be filed at least five (5) business days prior to the date of the trial. The forms will be submitted to a judicial officer for review and decision. (Effective 7/1/26)