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Chapter 1 (Rules 1.01 to 1.07): the rules to be cited as the “Local Rules of the Modoc County Superior Court” (1.01); the rules originally adopted January 1, 2011, and amended January 1, 2015 (1.02); on their respective effective dates the rules, as amended, to supersede all Local Rules previously adopted (1.03(A)); the Judicial Council's preemption of all Local Rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers (Rule 3.20 of the California Rules of Court), the preemption does not apply to trial and post-trial proceedings (including motions in limine), to proceedings under Code of Civil Procedure Sections 527.6, 527.7, and 527.8, the Family Code, the Probate Code, the Welfare and Institutions Code, the Penal Code and other criminal provisions, or to eminent domain proceedings (1.03(B)); the rules construed and applied so as to avoid conflict with the laws of the State of California or the California Rules of Court, the rules do not apply to proceedings in the Small Claims Division unless the text of a specific rule otherwise indicates, and apply to any person appearing without a lawyer as well as to attorneys, the Executive Officer the official publisher of the rules, copies maintained for public inspection in the offices of the Clerk and posted on the Court's website (1.04); the definitions of Rule 1.6 of the California Rules of Court to apply, with the rules' own definitions of "person", "affidavit", "declaration", "Court", "judgment", "in propria persona", "civil", "probate" and "family law" (1.05); the rules amended or repealed, and new rules added, by a vote of the judges of the Modoc County Superior Court (1.06); and all appeals filed with the Modoc Superior Court Appellate Division processed pursuant to Appendix A (1.07).
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 1: GENERAL RULES 1.01 Citation of Rules: These Rules are to be cited as the “Local Rules of the Modoc County Superior Court”. (Rule 1.01 adopted effective January 1, 2011.) 1.02 Effective Date of Rules: These Local Rules of Court for Modoc County Superior Court County were originally adopted January 1, 2011, and amended January 1, 2015. (Rule 1.02 amended effective July 1, 2014; adopted effective January 1, 2011.) 1.03 Effect of Rules; Judicial Council Preemptions: A. Effect of These Amendments on Prior Local Rules: On their respective effective dates, these Rules, as amended, will supersede all Local Rules previously adopted. B. Judicial Council Preemptions: With certain specified exceptions, the Judicial Council has preempted all Local Rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers, Rule 3.20 of the California Rules of Court. The Judicial Council preemption does not apply to trial and post-trial proceedings (including but not limited to motions in limine). The preemption also does not apply to proceedings under Code of Civil Procedure Sections 527.6, 527.7, and 527.8, to proceedings under the Family Code, the Probate Code, the Welfare and Institutions Code, the Penal Code and other criminal provisions, or to eminent domain proceedings. (Rule 1.03 adopted effective January 1, 2011.) 1.04 Construction and Application of Rules; Publisher of Rules: These Rules will be construed and applied in such a manner so as to avoid conflict with the laws of the State of California or the California Rules of Court, and will be liberally construed in order to facilitate and promote the business of, and the administration of justice by, the Modoc Superior Court. These Rules do not apply to actions or proceedings in the Small Claims Division unless the text of a specific rule otherwise indicates. These Rules apply to any person appearing before the Court on his or her own behalf, without a lawyer, as well as to attorneys. The Executive Officer of the Superior Court is the official publisher of these Rules. Copies will be maintained for public inspection in the offices of the Clerk of the Court and will be posted on the Court’s website at www.modocsuperiorcourt.ca.gov. (Rule 1.04 adopted effective January 1, 2011.) 1.05 Definitions of Words Used in these Rules: The definitions set forth in Rule 1.6 of the California Rules of Court apply to these Rules with equal force and for all purposes, unless the context or subject matter otherwise requires. The word "person" includes and applies to corporations, firms, associations, and all other entities, as well as to natural persons. The word "affidavit" includes and applies to a declaration, and the word "declaration" includes and applies to an affidavit. The use of the masculine, feminine, or neuter gender includes the others. The word "Court" means the Superior Court of the State of California in and for the County of Modoc, and it includes any judge or temporary judge appointed or elected to the Court, and any judge duly assigned thereto. The word "judgment" includes and applies to any judgment, order, or decree from which an appeal lies. The terms "in propria persona", "in pro per", “unrepresented party”, or “self-represented party” all mean a person appearing without a lawyer. The word “civil” means all matters of a general civil nature and all matters that are special proceedings under the California Code of Civil Procedure. The word “probate” means all matters brought under the California Probate Code regardless of whether or not a decedent’s estate is the subject of the action, and the phrase “family law” applies to all matters brought under the California Family Code. (Rule 1.05 adopted effective January 1, 2011.) 1.06 Amendment or Addition to, or Repeal of, Local Rules of Court: These Rules may be amended or repealed, and new Rules may be added, by a vote of the judges of the Modoc County Superior Court. (Rule 1.06 adopted effective January 1, 2011.) 1.07 Appeals: All appeals filed with Modoc Superior Court Appellate Division will be processed pursuant to Appendix A. (Rule 1.07 adopted effective July 01, 2024)
CHAPTER 1: GENERAL RULES 1.01 Citation of Rules: These Rules are to be cited as the “Local Rules of the Modoc County Superior Court”. (Rule 1.01 adopted effective January 1, 2011.) 1.02 Effective Date of Rules: These Local Rules of Court for Modoc County Superior Court County were originally adopted January 1, 2011, and amended January 1, 2015. (Rule 1.02 amended effective July 1, 2014; adopted ef
Reviewer note: Composed 2026-10-12 (California T4 Modoc build 2026-10-12) from BenchPath custody ca/t4/ca-modoc/docs/local-rules/modocrules-07-01-2024.pdf (the court's rule book, its first page “SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MODOC LOCAL RULES OF COURT TABLE OF CONTENTS”, as fetched 2026-10-12; 1907063 bytes, sha256 a50f847b5814ce5e8bb2da3640a5e49e90c9d77c5617112ef0f5d7b35039c95e; 106 pages; this chapter PDF pages 5 to 6, printed pages 5 to 6) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 91, printed with the same numbers) composed as one text and cut at the sixteen chapter headings - “CHAPTER 1: GENERAL RULES” to “CHAPTER 16: JUVENILE DELINQUENCY RULES”, each matched once at a line start (a chapter may begin mid-page); the book's title line atop page 5 (“LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT”) set before Chapter 1 and in no card; Appendix A, the Appellate Division Local Rules (PDF pages 101 to 106), composed apart with the same settings and cut at its heading “APPENDIX “A””, the list of local forms above it on page 101 (Appendix B, a finding aid) set aside; the running header of every page (“Superior Court of the State of California” and “County of Modoc, Local Rules”, named) and the page number at its foot (“5”, named and a whole line in its band) removed as chrome - 261 chrome lines in the rules, 18 in the appendix; lines reflowed into the rules' paragraphs, each rule's number and title (“1.01 Citation of Rules:”), each lettered subdivision and numbered paragraph and each history line (“(Rule 1.01 adopted effective January 1, 2011.)”) starting a line and each chapter heading on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 106 pages; no table on the rule pages (page 101's one table is Appendix B's list); 16 whitespace-only fixes (build/book-fixes.json: fourteen hyphenated words the text layer sets with the hyphen as a line of its own, rejoined as printed - “post-trial”, “pre-marked”, “3.1200-3.1207”, “non-appearance” (twice), “cross-complaint”, “self-represented”, “self-employed”, “non-custodial”, “non-English-speaking”, “follow-up”, “long-term”, “Court-sponsored” and “interest-bearing”; and in Appendix A two paragraphs of section I and the cover sheet's address block of section J, which the reflow joined, split); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.03(B)'s heading over its first paragraph, the headings and lists the false-break audit names); the book's own text kept as printed (Rule 5.02(A)'s fee schedule, its third item broken across two lines; the cross-references the review notes name; “12:00 AM (noon)” in Rule 3.03(C)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The table of contents (PDF pages 1 to 4), the Subject Index (92 to 95), the Local Rules Index (96 to 100) and Appendix B (the list of local forms MOD-1 to MOD-15 on page 101) belong to no card. Review note: Rule 1.02 reads “These Local Rules of Court for Modoc County Superior Court County were originally adopted January 1, 2011, and amended January 1, 2015.”, while the Local Rules page dates the book “Effective July 1, 2024” and Rule 1.07 is “adopted effective July 01, 2024”. Rule 1.04 names the court's website as “www.modocsuperiorcourt.ca.gov”; the court's site is www.modoc.courts.ca.gov. The Local Rules page also links a Word file of the 2015 rules in Spanish (held). The review task asks the court for the edition's effective date.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.