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Rules 3 to 4.1: a party waiving the right to appear at a Law and Motion hearing by written notice of intent not to appear, the Court considering the documents filed (3.1(A)); a failure to file a Memorandum of Points and Authorities a waiver and, for the moving party, an admission that the motion is without merit (3.1(B)); attachments and exhibits under rules 3.1110 and 3.1113 (3.1(C)); no oral testimony at a law and motion hearing except by order of the Court for good cause shown (3.1(D)); tentative rulings by telephone at 209-725-4240 and on the Court's website no later than 3:00 p.m. on the Court day preceding the hearing, oral argument only if a party notifies all other parties and the Court by telephone by 4:00 p.m. on the Court day before the hearing (3.1(E)); the prevailing party preparing the order after hearing, the other party preparing it after ten (10) days (3.1(F)); civil exhibits disposed of under Code of Civil Procedure sections 1952-1952.3 (3.1(G)); the application and supporting papers for an ex parte order to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing, heard at 1:15 p.m. each court day in the Civil Law and Motion courtroom and the Robert Falasco Justice Center in Los Banos, the forms for civil harassment, elder or dependent adult abuse, gun violence, workplace violence and school violence restraining orders (CH-100, EA-100, GV-100, WV-100, SV-100), a decision on a temporary order within 1-2 business days, and personal service on the respondent at least five (5) days before the hearing (3.1(H)); administrative records lodged in an electronic format, records of 25mb or less e-filed and larger records on USB, CD or DVD (3.2); local summary judgment rules preempted by Rules 3.1350-3.1354 of the California Rules of Court (3.3); attorney's fees upon default judgment of 20% or $400.00 whichever is greater on the first $5,000.00 of principal, 10% on the next $20,000.00, 5% on the next $25,000.00, 2% on the next $50,000.00 and 1% on principal amounts in excess of $100,000.00, increased by 10% in a foreclosure, and $400.00 in a residential unlawful detainer (3.4); a Case Management Statement (CM-110) filed no later than 15 calendar days before the conference, the parties to meet and confer no later than 30 calendar days before, the Notice of Inclusion in Delay Reduction Program/Notice of Case Management Conference served with the complaint, the conference held no later than 150 days after the filing of the initial pleading, a trial date in the twelfth (12th) month and a mandatory settlement conference in the eleventh (11th) month following the filing of the complaint, pre-trial conferences only on a declaration at the conference, a $25.00 sanction for a late statement, and cases assigned to one courtroom for all purposes (3.5); settlement conferences set at the Case Management Conference, not photographed or recorded except by court order, attended personally by trial counsel, parties and persons with full authority to settle (an insurer without claims offices within California immediately available by telephone), statements on Local Form MSC-CV-051 filed and served at least five (5) court days before ($100.00 sanction), sanctions for a failure to appear, immediate written notice of a settlement and a request for dismissal within forty-five (45) days (3.6); complaints about court-program mediators under rule 3.868 - inquiries and written complaints to the complaint coordinator, a preliminary review, an investigator or complaint committee appointed by the Presiding Judge, and the Presiding Judge's decision within thirty days (30) (3.7); a notice of stay filed with the order showing the stay (3.8); jury fees deposited under Code of Civil Procedure section 631, a failure to deposit a waiver of trial by jury, not less than $125.00 per panel meal advanced, no jury trials in the week of the Thanksgiving or Christmas holiday, motions in limine on collateral source, insurance coverage and offers to settle deemed granted, other motions in limine filed and served by 4:00 p.m. six (6) Court days before the trial call and opposition three (3) Court days before, numbered in the form prescribed, and expedited jury trials under section 630.01 (4); and instructions promulgated by the California Judicial Council, requested instructions served and delivered at the commencement of trial, one instruction per page with a five-inch margin at the top, in standard CACI format (4.1)
RULE 3: CIVIL RULES RULE 3.1: CIVIL LAW AND MOTION GENERALLY A. Waiver of Right to Appear Any party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument. If the party has filed documents in support or in opposition to a law and motion matter, the Court will consider the non-
Reviewer note: Composed 2026-10-15 (California T4 Merced build 2026-10-15) from BenchPath custody ca/t4/ca-merced/docs/local-rules/2026-july-local-rules.pdf (the court's rule book, its cover “MERCED COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE July 1, 2026”, as fetched 2026-10-15; 711888 bytes, sha256 2fed23656f258d9056d180aa94888ac04a69db55e60e3b6c1a7a4b601cde7fbd; 112 pages; this part PDF pages 38 to 54, page marks 38 to 54) with the shared verbatim composer (v2 reflow): the rules (PDF pages 13 to 97) composed as one text and cut at the rule headings that open each part (“RULE 1: COURT ORGANIZATION”, “RULE 2: FILING PROCEDURES”, “RULE 3: CIVIL RULES”, “RULE 16: CRIMINAL RULES”, “RULE 17: TRAFFIC RULES”, “RULE 100: PROBATE RULES – PREFACE”, “RULE 200: ACCESS TO JUVENILE COURT RECORDS”, “RULE 400: FAMILY LAW - GENERAL POLICY STATEMENT”, “RULE 500: APPELLATE DIVISION”), each matched once as a whole line; every page's running head (“Merced Superior Court”, named) and page mark (“13 | P a g e” to “97 | P a g e”, named) removed as chrome - 170 chrome lines; lines reflowed into the rules' paragraphs, each rule heading and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-15.txt) finds no struck run in the book; 1 whitespace-only fix (build/book-fixes.json: Rule 2.1's “California Rules of Court,” and “Rule 1.150.”, split where a line opens “Rule 1.150”, rejoined); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-15.txt, review/book-short-lines-2026-10-15.txt, review/book-extra-audits-2026-10-15.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the judges' page (2), the summary of changes (3), the instructions (4 and 5), the contents (6 to 11), the cities and communities served (12), the list of rules and effective dates (98), the lists of approved local forms (99 to 107) and the index (108 to 112) belong to no card. Review note: Rule 3.1(A) preserves another party's right to argue “provided the party gives timely notice of intent to appear when required by rule 3.1(F)”; the notice of intent to appear is in Rule 3.1(E) (Tentative Rulings), Rule 3.1(F) being Preparation of Order after Hearing. The book's table of contents lists a heading “Telephonic Conference Call” under Rule 3.5 that the rule's text does not print.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Fifth Appellate District > Merced County > Superior Court of California, County of Merced
RULE 3: CIVIL RULES RULE 3.1: CIVIL LAW AND MOTION GENERALLY A. Waiver of Right to Appear Any party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument. If the party has filed documents in support or in opposition to a law and motion matter, the Court will consider the non-appearing party’s position based upon the documents filed. A written notice of intent not to appear shall be deemed a waiver of oral argument. One party’s notice of intent not to appear shall not impair any other party’s right to appear and argue their respective position, provided the party gives timely notice of intent to appear when required by rule 3.1(F). (Eff. 7/1/04; Rev. 1/1/13, 7/1/13; Rev. & Renum. 7/1/18) B. Failure to Comply with Rules Failure to file a Memorandum of Points and Authorities by the filing deadline or to comply with rule 3.1113, California Rules of Court, is a waiver of the memorandum; and in the case of the moving party, the failure to timely file may be considered an admission that the motion is without merit. (Eff. 7/1/04; Rev. 1/1/09; Renum. 1/1/13, 7/1/18) C. Tagging Attachments and Exhibits All attachments and exhibits shall comply with California Rules of Court, rule 3.1110 and rule 3.1113. (Eff. 7/1/04; Rev. 1/1/09; Rev. & Renum. 1/1/13; Renum. 7/1/18) D. Evidence at Hearings As stated in California Rules of Court, rule 3.1306, oral testimony is not allowed at a law and motion hearing except by order of the Court for good cause shown. If counsel seeks permission to introduce oral testimony, the statement required by rule 3.1306 must include an explanation as to why the evidence cannot be presented by declaration or affidavit. (Eff. 7/1/04; Rev. 1/1/09; Rev. & Renum. 1/1/13; Renum. 7/1/18) E. Tentative Rulings Tentative rulings in civil law and motion matters are posted pursuant to California Rules of Court, rule 3.1308 and require notice of intent to appear. Tentative rulings are not required, but any Judicial Officer who does issue tentative rulings will use the procedure set forth in rule 3.1308(a)(1). Tentative rulings will be made available by telephone at 209-725-4240 and by posting on the Court’s website at www.merced.courts.ca.gov no later than 3:00 p.m. on the Court day preceding the scheduled hearing. If the Court has not directed argument in the tentative ruling, oral argument is permitted only if a party intending to appear notifies all other parties by telephone or in person by 4:00 p.m. on the Court day before the hearing of the party’s intention to appear. A party also must notify the Court by telephone of the party’s intention to appear by calling 209-725-4240 by 4:00 p.m. on the Court day before the hearing. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given. (Eff. 7/1/04; Rev. 1/1/13, 7/1/16, 1/1/17; Renum. 7/1/18) F. Preparation of Order after Hearing Unless the Court orders otherwise or prepares the order after hearing on its own, the prevailing parties shall prepare a written order following any hearing on the Law and Motion calendar. If the prevailing party does not prepare an order after hearing within ten (10) days of the hearing and does not communicate the reason for the delay to the other party, then the other party may prepare the order and process it. (Eff. 7/1/04; Renum. 7/1/18) G. Destruction of Exhibits in Civil Matters All exhibits, dispositions or administrative records retained by the Court in any civil matter shall be disposed of in accordance with the California Code of Civil Procedure sections 1952-1952.3. (Eff. 1/1/12; Rev. 1/1/13; Renum. 7/1/18) H. Ex Parte Matters Ex parte applications and orders in civil cases are governed by California Rules of Court, rules 3.1200-3.1207. (Ex parte requests for orders in Family Court cases are governed by California Rules of Court, rules 5.151-5.170 and Local Rule 411.) The Court requests that the party seeking an ex parte order submit the application and all supporting papers and fees to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing. Ex parte applications are noticed for hearing at 1:15 p.m. for each court day in the Civil Law and Motion courtroom and the Robert Falasco Justice Center in Los Banos, or as designated by the Court. (Eff. 7/1/04; Rev. & Renum. 7/1/18; Rev. 1/1/13, 7/1/13, 1/1/17, 7/1/20) 1. Restraining Orders a. Petitioner is required to complete and file an original and two copies of the initial forms and the proposed orders if filing in person or by mail; only one is required if e-filing. The forms must be accompanied by the filing fee or fee waiver forms (FW-001 Request to Waive Fees and FW-003 Order on Court Fee Waiver). The required forms for civil restraining orders are: (1) Civil Harassment (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information; (iii) CH-100 Request for Civil Harassment Restraining Orders, plus any attachments; (iv) CH-109 Notice of Court Hearing; (v) CH-110 Temporary Restraining Order; (vi) CH-130 Civil Harassment Restraining Order After Hearing (2) Elder or Dependent Adult Abuse (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders, plus any attachments; (iv) EA-109 Notice of Court Hearing; (v) EA-110 Temporary Restraining Order; (vi) EA-130 Elder or Dependent Adult Abuse Restraining Order After Hearing (3) Gun Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) GV-100 Petition for Gun Violence Restraining Orders, plus any attachments; (iv) GV-109 Notice of Court Hearing; (v) GV-110 Temporary Gun Violence Restraining Order; (vi) GV-130 Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order (4) Workplace Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) WV-100 Petition for Workplace Violence Restraining Orders, plus any attachments; (iv) WV-109 Notice of Court Hearing; (v) WV-110 Temporary Restraining Order; (vi) WV-130 Workplace Violence Restraining Order After Hearing (5) School Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) SV-100 Petition for Private Postsecondary School Violence Restraining Orders, plus any attachments; (iv) SV-109 Notice of Court Hearing; (v) SV-110 Temporary Restraining Order; (vi) SV-130 Private Postsecondary School Violence Restraining Order After Hearing b. The decision on whether or not to grant a temporary order is made on the pleadings. The filings will be reviewed by a Judicial Officer and a decision is made within 1-2 business days. c. The party is to check back with the clerk’s office to see if a decision has been made on their request. Once a decision is made, the forms are filed with the court and a hearing date is scheduled. Copies can be obtained from the clerk’s office. d. Personal service on the respondent is required at least five (5) days before the hearing pursuant to California Rules of Court, rule 3.1160(c). Petitioner cannot serve the documents themselves; someone over the age of 18 who is not a party or a witness in the matter can serve the documents. The Merced County Sheriff’s Department-Civil Division provides this service. Their fee is waived if a Request to Waive Fees as been granted by the Court. (Eff. 7/1/21; Rev. 7/1/22) RULE 3.2: ADMINISTRATIVE RECORDS Any administrative records lodged with the court must be submitted in an electronic format. Records consisting of 25mb or less may be e-filed. Larger records are to be submitted on USB, CD or DVD. The records must be both searchable and readable. The pages of the administrative record must be numbered consecutively. (Eff. 1/1/23; Rev. 7/1/23) RULE 3.3: SUMMARY JUDGMENT AND SUMMARY ADJUDICATION Pursuant to rule 3.20, California Rules of Court, all local Court rules relating to Summary Judgment motions are preempted by Rules 3.1350-3.1354 of the California Rules of Court. (Eff. 7/1/04; Renum. 7/1/18) RULE 3.4: ATTORNEY’S FEES UPON DEFAULT JUDGMENT Upon entry of default judgment, the following attorney’s fees shall be awarded under normal conditions, or included in the judgment by the clerk in actions on promissory notes, contracts and foreclosures: 20% or $400.00 whichever is greater on the first $5,000.00 of principal 10% on the next $20,000.00 of principal 5% on the next $25,000.00 of principal 2% on the next $50,000.00 of principal 1% on all principal amounts in excess of $100,000.00 “Principal” as used herein means the principal obligation owing under the promissory note and/or the contract exclusive of any interest or penalties. In any default proceedings involving a foreclosure of a mortgage or trust deed, the attorney’s fees shall be computed as set forth herein above and increased by 10%. In any unlawful detainer action involving residential premises, whereupon judgment is obtained following entry of default, the clerk may enter attorney’s fees of $400.00. In all contested cases, the trial Court shall establish attorney’s fees based upon the length of the trial, the difficulty of the issues, the experience of the attorney and any other factors which the Court deems relevant to establish a reasonable attorney fee. (Eff. 1/1/12; Renum. 7/1/18) RULE 3.5: CASE MANAGEMENT General 1. In accordance with and as required by, California Rules of Court, rule 3.720, the Court has adopted the following procedures to evaluate each case and assign each case to a case-management plan. The Court will use the factors listed in California Rules of Court, rule 3.715, in evaluating cases and selecting a case-management plan. Additional information is provided on the Court’s website at www.merced.courts.ca.gov. 2. All parties or their counsel of record must file and serve a Case Management Statement using the mandatory Case Management Statement Form (CM-110). Such statement must be filed no later than 15 calendar days before the date set for the case management conference or review as specified in California Rules of Court, rule 3.725. 3. All applicable items must be completed on Form CM-110. Any answer for which there is not sufficient space on the forms shall be completed on an attached sheet. In lieu of each party filing a separate Case Management Statement, any two or more parties may file a joint statement. Unless the Court orders another time period, all parties must meet and confer in person or by telephone no later than 30 calendar days before the date set for the management conference to consider each of the subjects listed in California Rules of Court, rules 3.724 and 3.727. This rule applies to all “general civil cases” as specified in California Rules of Court, rule 3.712. (Eff. 7/1/04; Rev. 1/1/09, 1/1/13, 7/1/13, 1/1/16, 1/1/17; Renum. 7/1/18) Case Management Conference and Order 1. Upon the filing of any complaint or other initial pleading in any case included with this rule 3.5, the clerk will provide the filing party with a “Notice of Inclusion in Delay Reduction Program/Notice of Case Management Conference.” Said Notice must be served along with the complaint or other initial pleading. A copy of the Notice will be placed in the Court file. a. The case management conference will be held no later than 150 days after the filing of the initial pleading before a Court official designated by the Presiding Judge. Unless notified by the Court that no appearance is necessary, all parties or their attorneys must be present at the conference or appear by telephonic conference call, and must be prepared to discuss all elements of the case inquired into on the Case Management Form and the subjects listed in California Rule of Court, rule 3.727. b. At the Case Management Conference, the Court will enter a Case Management Order setting a schedule for subsequent proceedings, and otherwise providing for management of the case as specified in California Rules of Court, rule 3.728. c. A trial date may be assigned at either the first or the second Case Management Conference. The date will be in the twelfth (12th) month following the date the complaint was filed. A date for a mandatory settlement conference will also be set in the eleventh (11th) month following the date the complaint was filed. (Eff. 7/1/04; Rev. 1/1/09, 1/1/13; Rev. & Renum. 7/1/18) Civil Pre-Trial Conferences 1. Pre-Trial Settings Pre-trial conferences will not be set unless a party, at the Case Management Conference, files a declaration setting forth facts indicating that a pre-trial conference is justified, and the court-assigned Judicial Officer so finds and orders. (Eff. 7/1/04; Rev. 1/1/13, 1/1/18; Renum. 7/1/18) 2. Pre-Trial Conference Procedure a. The parties shall confer before the date assigned for a pretrial conference to reach agreement upon as many matters as possible and shall prepare jointly, or each shall prepare, and submit before the conference, a written statement of the matters agreed upon. b. The parties shall be prepared to respond to any inquiry by the Court assigned judicial officer as to the possibility of a settlement of the case. (Eff. 7/1/04; Rev. 1/1/13, 1/1/18; Renum. 7/1/18) Case Management Conference Statements Pursuant to California Rule of Court, rule 3.725(a), each party must file a case management conference statement (or joint statements) no later than 15 calendar days before the date set for the case management conference. Failure to file a CMC statement (or joint statement) timely may result in the imposition of monetary sanctions in the amount of $25.00 pursuant to California Rule of Court, rule 2.30. (Eff. 7/1/17; Renum. 7/1/18) Assignment to One Judge for All or Limited Purpose; Complex Cases To promote the efficient administration of justice, the Court maintains a direct calendar system with cases generally assigned to one courtroom for all purposes including trial. The Presiding Judge, Assistant Presiding Judge, or designee may assign and re-assign cases to other courtrooms. (Eff. 7/1/04; Rev. 1/1/09, 1/1/13; Renum. 7/1/18) RULE 3.6: SETTLEMENT CONFERENCES Requirement of Settlement Conferences A settlement conference is required in all civil trial matters. The time, date and place of the mandatory settlement conference will be set at the Case Management Conference and included in the Case Management Conference Order. At the request of any party or on the Court’s own motion, the Court may set a settlement conference in addition to the mandatory conference. Mandatory Settlement Conferences are court proceedings, whether conducted in person or by video, and may not be photographed and/or recorded except by court order as permitted by California Rules of Court, rule 1.150(e) and Local Rule 2.1, sub-division B. (Eff. 7/1/04; Renum. 7/1/18; Rev. 7/1/23) B. Persons Attending Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the Court for good cause shown. If any consent to settle is required for any reason, the party with that authority must be personally present at the conference. The Court may impose sanctions in the event of an unexcused absence of principal or insurer. Where the consent of a spouse, business partner, or other person is necessary to achieve settlement, counsel shall, prior to the date set for the settlement conference, obtain the attendance of that person, even if not a party to the litigation. Further, in any case that requires the consent of an insurance carrier or company representative to settle, an employee of the insurer or company representative with full settlement authority shall be personally present. A representative retained solely for the purpose of attending the settlement conference will not be acceptable. If, however, the insurance carrier has no claims offices within California and the Court has been notified, the personal attendance of a representative of the insurer shall not be required, but a representative of the insurer shall be required to be immediately available by telephone until released by the Court, regardless of the time zone. Experience has demonstrated the importance and necessity of the presence of all persons whose consent will be required for binding settlement agreement. Therefore, only extraordinary circumstances will excuse the non-appearance at the conference of the principals and authorized representative of the insurer. (Eff. 7/1/04; Rev. 7/1/14; Renum. 7/1/18) C. Each Party to Be Prepared At the conference each plaintiff or party seeking affirmative relief or recovery shall be prepared to make their minimum request, and each defendant shall be prepared to make their highest offer. In each case, counsel who attends the conference shall be thoroughly familiar with the case and shall be prepared to discuss it. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/13, 7/1/21) D. Mandatory Settlement Conference Statements It is mandatory that all parties or counsel shall, at least five (5) court days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement on Local Form MSC-CV-051 containing the following: 1. The names of all parties, including interveners and their representatives; 2. A detailed discussion of all facts and law pertinent to the issues of liability and damages involved in the case; 3. A good faith settlement demand and an itemization of economic and non-economic damages by each plaintiff; 4. A good faith offer of settlement by each defendant. Failure to file a Settlement Statement timely may result in the imposition of monetary sanctions in the amount of $100.00 pursuant to California Rule of Court, rule 2.30. (Eff. 7/1/04; Renum. 7/1/18; Rev.7/1/23) E. Participation in Good Faith For a meaningful conference, all attorneys and/or the parties must agree to participate in good faith. Any failure of an attorney to prepare for, appear at, and participate in a settlement conference, unless good cause is shown for any such failure, may be considered as an unlawful interference with the proceedings of the Court. (Eff. 7/1/04; Renum. 7/1/18) F. Failure to Appear If at the time of the scheduled settlement conference, plaintiff or those parties seeking affirmative relief fail to appear, the Court may order the trial date vacated and/or impose monetary sanctions. Written notice thereof will be mailed to all parties, or their counsel of record as ordered by the Court. If the defendant or other responsible party fails to appear at the settlement conference and good cause is not shown, the Court may impose sanctions by way of costs, actual expenses, and counsel fees and order the case to proceed to trial on the date assigned. (Eff. 7/1/04; Renum. 7/1/18) G. Failure of Settlement Conference In the event settlement negotiations are not successful, counsel should expect and be prepared to proceed to trial on the date scheduled. Every effort will be made by the Court to ensure that the case goes to trial on the date scheduled. (Eff. 7/1/04; Renum. 7/1/18, 7/1/23) H. Notice of Settlement or Dismissal If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court and serve the notice on any arbitrator or other Court-connected ADR neutral involved in the case. If a hearing, conference or trial is imminent oral notice must be given to all of the above. The Court will impose sanctions for failure to provide it with timely notice of settlement. A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement. If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed. If plaintiff does not file a request for dismissal within forty-five (45) days after settlement or forty-five (45) days after the date set for dismissal, the Court will either: 1) dismiss the case; or 2) require Plaintiff or Plaintiff’s counsel to appear and show cause why sanctions should not be ordered for failure to file the required request for dismissal. (Eff. 7/1/04; Renum. 7/1/18; 7/1/23) I. Further Settlement Conference To ensure that the parties have a meaningful opportunity to explore all avenues for settlement prior to trial, the Court may set the matter for a further settlement conference prior to the date set for trial or remove the case from the trial calendar and order the parties to obtain a new settlement conference and trial date. (Eff. 7/1/14; Renum. 1/1/16, 7/1/18; 1/1/19; 7/1/23) RULE 3.7 PROCEDURES FOR HANDLING COMPLAINTS ABOUT COURT-PROGRAM MEDIATORS A. Application The rules in this chapter establish the Court’s procedures for receiving, investigating, and resolving complaints about mediators in the Court’s Mediation Program for general civil cases, as required by rule 3.868 of the California Rules of Court. Nothing in these rules should be interpreted in a manner inconsistent with rule 3.868 of the California Rules of Court or as limiting the Court’s inherent or other authority, in its sole and absolute discretion, to determine who may be included on or removed from its list of mediators or who may be recommended, selected, appointed, or compensated as a mediator by the Court. These rules also do not limit the Court’s authority to follow other procedures or take other actions to ensure the quality of mediators who serve in the Court’s mediation program in contexts other than when addressing a complaint. The failure to follow a requirement or procedure in these rules will not invalidate any action taken by the Court in addressing a complaint. (Eff. 1/1/10; Rev. 1/1/13; Renum. 7/1/18) B. Definitions As used in this chapter: 1. “The rules of conduct” means the Rules of Conduct for Mediators in Court-Connected Mediation Programs for Civil Cases set out in rules 3.850-3.860 of the California Rules of Court. 2. “Court –Program Mediator” means a mediator who: a. Has agreed to be included on the Court’s list or panel of mediators for general civil cases and is notified by the Court or the parties that they have been selected to mediate a case within the Court’s mediation program; or, b. Has agreed to mediate a general Civil case in the Court’s mediation program after being notified by the Court or the parties that they were recommended, selected, or appointed by the Court or will be compensated by the Court to mediate that case. 3. “Inquiry” means an unwritten communication presented to the Court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct. 4. “Complaint” means a written communication presented to the Court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct. 5. “Complainant” means the person who makes or presents a complaint. 6. “Complaint Coordinator” means the person designated by the Presiding Judge to receive complaints and inquiries about the conduct of mediators. 7. “Complaint proceeding” means all of the proceedings that take place as part of presenting, receiving, reviewing, responding to, investigating, and acting on any specific inquiry or complaint. 8. “Mediation communication” means any statement that is made or any writing that is prepared for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation, as defined in Evidence Code section 1115, and includes any communications, negotiations, and settlement discussions between participants in the course of a mediation or a mediation consultation. (Eff. 1/1/10; Renum. 7/1/18) C. Confidentiality 1. Preserving the confidentiality of mediation communications. All complaint proceedings will be conducted in a manner that preserves the confidentiality of mediation communications, including but not limited to the confidentiality of any communications between the mediator and individual mediation participants or subgroups of mediation participants. 2. Confidentiality of complaint proceedings. All complaint proceedings will occur in private and will be kept confidential. No information or records concerning the receipt, investigation, or resolution of an inquiry or a complaint will be open to the public or disclosed outside the course of the complaint proceeding except as provided in rule 3.871(d) of the California Rules of Court or as otherwise required by law. (Eff. 1/1/10; Renum. 7/1/18) D. Submission of Inquiries and Complaints to the Complaint Coordinator All inquiries and complaints should be submitted or referred to the complaint coordinator. (Eff. 1/1/10; Renum. 7/1/18) E. Addressing Inquiries If the complaint coordinator receives an inquiry, the coordinator must inform the person making the inquiry that the complaint procedure provides for investigation of written complaints only and that the person should submit a written complaint if they want the Court to conduct an investigation or take action. If the person does not submit a complaint, the complaint coordinator may prepare a written summary of the inquiry. (Eff. 1/1/10; Renum. 7/1/18) F. Acknowledgement and Preliminary Review of Complaints 1. Acknowledgment of Complaints When the complaint coordinator receives a complaint, the coordinator will send the complainant a written acknowledgment of this receipt. 2. Preliminary Review of Complaints a. The complaint coordinator will review each complaint to determine whether it warrants investigation or can be promptly, informally, and amicably resolved or closed. The coordinator may: (1) Informally contact the complainant to obtain clarification or additional information or to provide information that may address the complainant’s concern. (2) Communicate informally with the mediator to obtain the mediator’s perspectives. b. If it appears to the complaint coordinator that the mediator may have violated a provision of the rules of conduct, the complaint coordinator must inform the mediator about the complaint and give the mediator an opportunity to provide an informal response. c. The complaint coordinator may close a complaint without initiating an investigation if: (1) The complaint is withdrawn by the complainant; (2) No violation of the rules of conduct appears to have occurred or the complaint is without sufficient merit to warrant an investigation; (3) The conduct alleged would constitute a very minor violation of the rules of conduct, the coordinator has discussed the complaint with the mediator, and the mediator has provided an acceptable explanation or response; or (4) The complainant, the mediator, and the complaint coordinator have agreed on a resolution to the complaint. (Eff. 1/1/10; Renum. 7/1/18) G. Appointing an Investigator or a Complaint Committee The Presiding Judge will appoint an investigator who has experience as a mediator and is familiar with the rules of conduct, or a complaint committee that includes at least one such individual, to investigate and make recommendations concerning any complaint that is not resolved or closed by the complaint coordinator as a result of the preliminary review. (Eff. 1/1/10; Renum. 7/1/18) H. Investigations 1. Application The procedures in this rule apply only if a complaint is not resolved or closed through the preliminary review or if the complaint coordinator initiates an investigation under (c). 2. Referral of a Complaint for Investigation If a complaint is not closed as a result of the preliminary review, the complaint coordinator will refer it to the investigator or complaint committee for investigation. The complaint coordinator will provide the investigator or complaint committee with a summary of the preliminary review that includes: a. A copy of the complaint; b. A copy or summary of any response from the mediator; c. A list of any violations of the rules of conduct that it appears may have occurred; and d. Copies of any previous complaints about the mediator and any written summaries of inquiries that are relevant to the current complaint. 3. Initiation by the Complaint Coordinator The complaint coordinator may initiate an investigation based on information received from any source, including an inquiry, indicating that a mediator may have violated a provision of the rules of conduct. To initiate the investigation, the complaint coordinator must refer the information received to an investigator or complaint committee with a list of the violations of the rules of conduct that is appears may have occurred. 4. Mediator’s Notice and Opportunity to Respond a. The investigator or complaint committee must provide the mediator with a copy of the materials provided to the investigator or complaint committee by the complaint coordinator under (b) or (c). b. The mediator will be given an opportunity to respond to the complaint and the list of apparent violations. 5. Preparing Report and Recommendation The investigator or complaint committee will conduct the investigation that the investigator or complaint committee considers appropriate. Thereafter, the investigator or complaint committee will prepare a written report that summarizes the investigation and states the investigator’s or complaint committee’s recommendation concerning the final decision on the complaint. The investigation or complaint committee may recommend one or more actions that are permissible under rule 3.870 of the California Rules of Court. 6. Informing Mediator of Recommendation The investigator or complaint committee may inform the mediator of its recommendation and inquire whether the mediator accepts that recommendation. If the mediator accepts the recommendation, the investigators or complaint committee’s report must indicate this. 7. Report and Recommendation The investigator or complaint committee must submit its report and recommendation to the complaint coordinator. The complaint coordinator must promptly forward a copy of the report and recommendation to the Presiding Judge or to their designee. 8. Final Decision on a Complaint That Was Investigated a. Responsibility for Final Decision The Presiding Judge is responsible for making the final decision about the action to be taken on any complaint that was investigated under rule 3.7 or for designating another Judicial Officer or a committee that includes a Judicial Officer to perform this function. b. Acting on Recommendation (1) Within thirty days (30) after the investigator’s or complaint committee’s recommendation is forwarded to the Presiding Judge or the Presiding Judge’s designee, the Presiding Judge or designee may submit to the complaint coordinator a decision: (i) Affirmatively adopting the investigator’s or complaint committee’s recommendation as the final decision on the complaint; or (ii) Directing a different action that is permissible under rule 3.870 of the California Rules of Court. (2) If the Presiding Judge or their designee does not submit a decision within thirty days (30) after the complaint committee’s recommendation is forwarded, as provided in (1), the investigator’s or complaint committee’s recommendation will become the final decision on the complaint. c. Notification of final action The complaint coordinator must promptly notify the complainant and the mediator in writing of the final action taken by the Court on the complaint. d. Authorized disclosures After the decision on a complaint, the Presiding Judge, or a person whom the Presiding Judge designates to do so, may authorize the public disclosure of information or records concerning the complaint proceeding that do not reveal any mediation communications. The disclosures that may be authorized under this subdivision include the name of a mediator against whom action has been taken, the action taken, and the general basis on which the action was taken. In determining whether to authorize the disclosure of information or records under this subdivision, the Presiding Judge or designee should consider the purposes of the confidentiality of complaint proceedings stated in rule 3.871 of the California Rules of Court. 9. Interim Suspension Pending A Final Decision on A Complaint If the preliminary review or the investigation indicates that a mediator may pose a threat of harm to mediation participants or to the integrity of the Court’s mediation program, the Presiding Judge or the other judicial officer or committee designated by the Presiding Judge to make the final decision about the action to be taken on any complaint may suspend the mediator from the Court’s panel or list pending final decision on the complaint. The complaint coordinator may make a recommendation to the Presiding Judge or the designee regarding such a suspension. (Eff. 1/1/10; Renum. 1/1/17; Rev. & Renum. 7/1/18; Rev. 1/1/13, 1/1/16, 7/1/21) RULE 3.8: NOTICE OF STAY Any party who requests a stay must immediately file a notice of the stay and attach a copy of the order or document showing that the proceedings are stayed. If the person who requests the stay has not appeared or is not subject to the jurisdiction of the Court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing the proceedings are stayed. This section applies to cases stayed for the following reasons: A. Order of a Federal Court or higher State Court; B. Contractual arbitration under section 1281.4 of the Code of Civil Procedure; C. Arbitration of attorney fees and costs under section 6201 of the Business and Professions Code; or D. Automatic stay caused by a filing in another Court. (Eff. 7/1/04; Renum. 7/1/18) RULE 4: CIVIL JURY TRIALS A. Deposit of Jury Fees The deposit of advance jury fees, and of daily fees and mileage, shall be made as required by California Code of Civil Procedure section 631. (Eff. 7/1/04; Rev. 1/1/13, 1/1/14; Renum. 7/1/18) B. Failure to Post Failure to deposit advance or daily fees as required will be deemed a waiver of trial by jury. The Court, in its discretion, may proceed to trial without a jury, dismiss an empaneled jury, or upon such terms as may be just, proceed with a jury. (Eff. 7/1/04; Rev. 1/1/13; Renum. 7/1/18) C. Payment for Food, Lodging and Other Expenses in a civil action in which a jury has been sworn, the expenses for food, lodging and other reasonable necessities which are incurred shall be borne by the depositing parties. Before any such expenses are incurred, the Clerk at the trial shall require the depositing parties to advance such sums of money as the Court deems reasonably necessary in order to pay for the anticipated expenses, but in no event less than $125.00 per panel meal. Any surplus amount of money remaining after said expenses have been paid in full shall be returned to the payer. If a depositing party fails, upon the request of the Court, to advance such necessary expense money, the Court, will forthwith consider whether to dismiss the jury and proceed as if no jury had been selected and sworn. (Eff. 7/1/04; Rev. 1/1/13; Renum. 7/1/18) D. No Jury Trials Scheduled for Certain Holiday Weeks No jury trials will be scheduled for the week in which the Thanksgiving or Christmas holiday falls. (Eff. 7/1/04; Renum. 7/1/18) E. In Limine Motions 1. The following motions in limine are deemed granted. Written motions should not be submitted on these issues: a. Motion excluding evidence of collateral source; b. Motion excluding evidence of, or mention of, insurance coverage; c. Motion excluding offers to settle and/or settlement discussions. 2. All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) Court days prior to the trial call date. Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) Court days prior to the initial trial call date. Failure to submit written opposition to In Limine motions will not preclude oral opposition to the motions at the time of trial. 3. Motions in limine shall be prepared in the form prescribed as follows: The title of each in limine motion shall identify the moving party and describe the nature of the motion, and shall be numbered sequentially, indicating the total number of in limine motions submitted by the moving party. Example: “Plaintiff JANE DOE’S Motion in Limine to Exclude the Testimony of Joe Expert [No. 1 of 6].” Written opposition to in limine motions, if any, shall identify both the party filing the opposition, and the specific motion which is being opposed by name of moving party and motion number. Example: “Defendant RICHARD ROE’S Opposition to Plaintiff JANE DOE’S Motion in Limine No. 1.” (Eff. 7/1/04; Rev. 1/1/13; Renum. 7/1/18) F. Mandatory/Voluntary Expedited Jury Trials The rules and procedures applicable to expedited jury trials are governed by the Code of Civil Procedure section 630.01, et seq. and the California Rules of Court unless the parties agree otherwise as permitted by law. (Eff. 7/1/16; Renum. 7/1/18) RULE 4.1: CIVIL JURY INSTRUCTIONS A. Use of Pre-Approved Instructions To the extent possible parties must use instructions promulgated or sponsored by the California Judicial Council. B. Service of Jury Instructions At the commencement of trial in all civil jury matters, counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury. The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow standard CACI format. The parties should be prepared to provide to all jurors and alternates a copy of all written instructions, if so required by the trial judge. (Eff. 7/1/04; Renum. 7/1/18) RULE 5-15: [RESERVED]
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.