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Chapter 3 (Rules 3.01 to 3.08): this Section Three a guide to the conduct of all civil pretrial matters, subject to Rule 3.20 of the California Rules of Court, and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, and 527.8, the Family Code, the Probate Code, and the Welfare and Institutions Code (3.01); papers in support of or in opposition to a motion to comply with Rules 3.110-3.115 and Rules 2.100-2.119 of the California Rules of Court (3.02(A)); moving, opposing and reply papers filed and served as required by Code of Civil Procedure §1005(b), the Court counting the calendar days for the form of service and then the sixteen court days to the hearing, a hearing on a court holiday set on the next regularly scheduled law & motion calendar, and proof of service of the moving papers filed no later than five (5) calendar days before the hearing (3.02(B)); a party with in excess of ten (10) exhibits to have all exhibits pre-marked, with a cover sheet for the clerk (3.02(C)); failure to file and serve opposition may be deemed a waiver of objections and an admission that the motion is meritorious (3.02(F)); submission without appearance encouraged, notice of non-appearance given no later than two (2) days prior to the hearing date, two (2) court days when an out-of-county judge has been assigned (3.02(G)); Rules 3.1200-3.1207 of the California Rules of Court to govern ex parte matters in general civil law & motion proceedings and in family law and probate discovery, this rule all other ex parte matters (3.03(A)); for the other ex parte applications, notice to all opposing counsel or unrepresented parties in person, by telephone, or by FAX no later than 10:00 AM on the court day just prior to the ex parte appearance, a "Declaration re Notice" with Family Code applications, temporary guardianship petitions and petitions under Code of Civil Procedure §§527.6, 527.7, or 527.8, and the parties to serve copies of the application no later than 12:00 P.M. (noon) on the court day just prior to the hearing and opposition papers at least four (4) business hours prior to it (3.03(B)); uncontested ex parte applications submitted to the Clerk at any time, contested matters scheduled by the Clerk not later than noon of the preceding court day, copies submitted no later than four (4) business hours prior to the hearing, and no application for ex parte relief made by letter (3.03(C)); an order shortening time granted only on a declaration demonstrating good cause, the moving papers delivered no fewer than two (2) court days preceding the hearing (3.03(E)); ex parte writs of attachment or possession, re-application after denial, and stipulated judgments (3.03(F) to 3.03(H)); probate ex parte applications, notice given by no later than 10:00 AM of the court day just prior to the hearing date (3.03(I)); amendment of pleadings under Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473, an amended pleading preferred over an amendment to a pleading (3.04(B)); dismissal on the Court's own motion or on ex parte application when an amended pleading is not filed after a demurrer is sustained with leave to amend (3.04(E)); motions for summary judgment under Rule 3.1350 and Code of Civil Procedure §437c (3.05); the Court generally to grant a continuance of a law & motion hearing on the agreement of all counsel and parties, the party reporting the agreement to notify the Clerk in person or by telephone no later than 5:00 P.M. at least two (2) court days before the hearing and to file a written notice confirming it (3.06(A)); counsel to notify the Clerk and opposing counsel no later than the close of the third court day prior to the hearing date when a matter is likely to require more than a total of 15 minutes (3.06(B)); Rule 3.670 of the California Rules of Court to govern telephonic appearances in non-evidentiary civil law & motion and probate proceedings, requests made through the outside vendor (currently “CourtCall”) (3.06(D)); the prevailing party to prepare a proposed order within ten (10) calendar days where Rule 3.1312 does not govern, the opposing party to approve or object within ten (10) days, and the Court to hold orders not approved for five days (3.07); and writ briefs not to exceed thirty-five (35) pages (reply briefs 20 pages), and writ petitions served in the same manner as a summons and complaint (3.08).
CHAPTER 3: GENERAL CIVIL RULES AND LAW & MOTION RULES 3.01 Scope of Civil and Law & Motion Rules: Subject to the limitations imposed by Rule 3.20 of the California Rules of Court, this Section Three of the Local Rules is intended as a guide to the conduct of all civil pretrial matters, and is controlling for law and motion matters pursuant to the following: Code of Civil Procedure §§527.6, 527.7,
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 15 to 26, printed pages 15 to 26) 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 3.03(C) prints “CRC Rules 31200-3.1207” and “not later than 12:00 AM (noon) of the preceding court day”; Rule 3.04(B)(2) refers to “paragraph 3.04.A(1), above” (the correction of a party's name is Rule 3.04(B)(1)). Rule 3.06(D) has telephonic appearances in law & motion and probate hearings governed by rule 3.670 through CourtCall; the Zoom Appearances page (carded) adheres to rule 3.672 for remote civil proceedings - the review task is on that card.
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 > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 3: GENERAL CIVIL RULES AND LAW & MOTION RULES 3.01 Scope of Civil and Law & Motion Rules: Subject to the limitations imposed by Rule 3.20 of the California Rules of Court, this Section Three of the Local Rules is intended as a guide to the conduct of all civil pretrial matters, and is controlling for law and motion matters pursuant to the following: Code of Civil Procedure §§527.6, 527.7, and 527.8; the Family Code, the Probate Code, and the Welfare and Institutions Code. Section Four of these Rules govern trial and post-trial proceedings, including but not limited to motions in limine. (Rule 3.01 amended effective January 1, 2015; adopted effective January 1, 2011.) 3.02 Motions and Other Applications in General: A. Format of Papers. All papers filed in support of or in opposition to a motion or other application for an order must comply with Rules 3.110-3.115, and Rules 2.100-2.119, of the California Rules of Court. Failure to comply with those Rules may, in the Court's discretion, constitute a sufficient basis for the Court to deny relief or to otherwise disregard the papers filed. This paragraph is not intended to diminish the Court's authority to exercise its discretion in any other appropriate manner. B. Time for Filing; Calendar Changes; Proofs of Service. Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b), CRC Rule 3.1300. In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count the number of calendar days authorized for the form of service that has been utilized by the moving party, and then count the required sixteen court days to the date of hearing. In counting both segments of time, the Court will exclude the first day (e.g., the actual date of personal service or of mailing), and will include the last day (the date of the hearing or other proceeding). When a court holiday has been declared for what otherwise would be a regular law & motion day, law & motion matters must be set for hearing on the next regularly scheduled law & motion calendar, not on the next court day. Proof of service of the moving papers must be filed no later than five (5) calendar days before the time set for the hearing on the motion, CRC Rule 3.1300. Failure to timely serve and file a moving or responding paper, or to timely file a proof of service, may, in the Court's discretion, constitute a sufficient basis for denial of the motion or application, or to disregard the paper. This paragraph is not intended to diminish the Court's authority to exercise its discretion in any other appropriate manner, including but not limited to granting of a continuance or the imposition of sanctions. C. Exhibits. Rules 3.1110 and 3.1113 of the California Rules of Court govern the form and format of exhibits to a motion or application, including photographs used as exhibits. In any case where a party has in excess of ten (10) exhibits to enter in evidence at a hearing, the party or attorney must arrange to have all exhibits pre-marked prior to the hearing, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit. D. Requests for Judicial Notice. Every request to take judicial notice must comply with Rule 3.1306 of the California Rules of Court. E. Memoranda of Points and Authorities. Every memorandum of points and authorities submitted in support of or opposition to a motion or application must be in accordance with Rule 3.1113 of the California Rules of Court. The Court may, in its discretion, disregard any paper that does not comply with this Rule. If any authority other than a California case, statute, constitutional provision, or state or local rule is cited, a copy must be attached to the paper in which the authority is cited, and tabbed as an exhibit in the required manner, CRC Rule 3.1113. Counsel may also attach copies of California authorities if doing so will assist the Court and opposing counsel. F. Failure to File and Serve Opposition. Failure to file and serve papers in opposition to a motion or any other application for a Court order (other than opposition to an ex parte application) may be deemed, in the Court’s discretion, to be 1) a waiver of objections and 2) an admission that the motion or other application is meritorious. G. Matters Submitted without Appearance. In general, submission of matters without appearance by counsel or unrepresented party is encouraged, and will not be prejudicial to any party. Prior notice of non-appearance is required, CRC Rule 3.1304. The required notice must be given by means reasonably calculated to ensure receipt by the Clerk of the Court and opposing parties no later than two (2) days prior to the hearing date. If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing. H. Supporting Declarations. All declarations submitted in support of or in opposition to a motion, or any other application to the Court, must comply with the requirements of CRC Rule 3.1115 and Code of Civil Procedure §2015.5. Failure to comply may result in the Court’s disregard of the declaration. Unless a statute authorizes a declaration on information and belief, the declaration must set forth statements of evidentiary facts to which the declarant could testify if called as a witness, and must include a declaration under penalty of perjury by the declarant to that fact. If a statute authorizes a statement on information and belief, and the declarant makes such statement, the facts upon which the declarant’s information and belief are based must be included. I. Reply Briefs. Except with regard to motions for summary judgment, the Court discourages submission of reply briefs. J. Tentative Rulings. The Court may establish, in the future and without amendment of these Rules, a procedure for publishing or otherwise announcing tentative rulings. (Rule 3.02 amended effective January 1, 2015; adopted effective January 1, 2011.) 3.03 Ex Parte Motions and Applications: A. Applicability; Calendaring and Submission of Documents. Rules 3.1200-3.1207 of the California Rules of Court govern ex parte matters in general civil law & motion proceedings, and ex parte matters in family law discovery and probate discovery proceedings, CRC Rule 3.1100. Unless otherwise specified, the provisions of this Local Rule 3.03 apply to all other ex parte matters. Note: For those matters that are governed by CRC Rules 3.1200-3.1207, the ex parte applicant must comply with the requirements of Part 3.03.C, below, concerning calendaring the ex parte matter with, and submission of papers to, the Superior Court. B. Notice Requirements for Ex Parte Applications Not Governed by CRC Rules 3.1200-3.1207 of the California Rules of Court. Failure to comply with this Rule may result in the motion or application being denied (without prejudice to its renewal), in delay of the Court's review of the application, and/or in the imposition of sanctions pursuant to Code of Civil Procedure §177.5. 1. Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: a. that within a reasonable time (see part 3.03.B(2), below) before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, b. that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, c. that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application. 2. “Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means. 3. For ex parte applications made pursuant to any provision of the Family Code, or for petitions for temporary guardianship pursuant to Probate Code §2250, or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, or 527.8, a "Declaration re Notice" must be completed by counsel or unrepresented party, and submitted along with the ex parte application. 4. Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission. 5. Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application. C. Submission and Calendaring of Ex Parte Applications and Review by the Court: This subpart applies to all ex parte applications, including those governed by CRC Rules 31200-3.1207. 1. Submission and Calendaring. a. Uncontested ex parte applications, or ex parte applications supported by a showing of good cause for lack of prior notice, may be submitted to the Clerk of the Court at any time, for presentation to the Court. The Court will attempt to review all such matters expeditiously. b. For ex parte matters that are contested or that otherwise require appearances, hearings will be conducted as availability permits in the chambers of the Court as the Court deems appropriate. Such matters must be scheduled for hearing by the Clerk of the Court as early as possible before the requested hearing but not later than 12:00 AM (noon) of the preceding court day unless good cause is shown. The applicant is responsible for contacting the Clerk of the Court to schedule the hearing, and for giving notice thereof. c. Copies of the application or moving papers must be submitted to the Court by no later than four (4) business hours prior to the scheduled time of the hearing, and copies of any responding papers should be submitted prior to the hearing if possible. d. The Court may conduct informal ex parte hearings for unrepresented parties, as it deems appropriate. 2. Ex Parte Communication with the Court. The Court will not consider any ex parte communications from counsel or unrepresented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State. Applications to the Court for ex parte relief must never be made by letter. Counsel are hereby reminded of Rule 5-300(b) of the Rules of Professional Conduct of the State Bar of California, concerning ex parte communications with the Court. 3. Undertakings. The Court may require an undertaking or bond for the issuance of a temporary restraining order in civil cases (with the exception of family law or CCP §527.6 civil harassment matters). D. Change of Status Quo. The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo. E. Ex Parte Request for Order Shortening Time. 1. A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice. 2. If an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party's attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing. 3. If the responding party's attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice. 4. Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order. 5. In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party, and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court. F. Ex Parte Writs of Attachment or Possession. 1. When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b). Failure to comply with this Rule ordinarily will result in denial of the application, in which event the applicant must proceed by noticed hearing procedures. Where the applicant relies wholly or in part on a verified complaint, a separate statement setting forth the evidentiary facts upon which the applicant relies must accompany the application. 2. When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030. Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations. 3. Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030. Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010. G. Re-Application after Denial of Ex Parte Application. When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or a different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion. H. Ex Parte Applications re Stipulated Judgments. Unless a stipulation that authorizes the rendering and entry of judgment, or that authorizes the termination of a stay of execution upon failure to perform specified conditions, also includes an express waiver of notice, an application to render or for entry of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be made on noticed motion. [Rooney v. Vermont Investment Corp. (1973) 10 Cal.3d 351.] Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the alleged failure to perform; and the substance of the order requested. I. Ex Parte Applications in Matters Governed by the Probate Code. 1. In General. In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented, in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard. Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer. The petition must be verified. Conclusions or statements of ultimate fact are not sufficient. A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit. If the petition is opposed, counsel may argue the merits at the time of the hearing. 2. Effect of Failure to Give Notice. Ex parte orders issued without prior notice will be set aside ex parte upon a showing of sufficient justification, if a person who claims an interest in the estate presents such. [In re Sullenberger, 72 Cal. 549.] 3. Time for Giving Notice. If a probate application is presented ex parte, and the need for an opportunity to be heard is apparent, the Court will calendar the matter for a hearing as soon as practicable, and will require the applicant, by no later than 10:00 AM of the court day just prior to the hearing date, to give notice of the nature of the application to counsel for any other known interested persons, or to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing. At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it. (Rule 3.03 amended effective January 1, 2015; adopted effective January 1, 2011.) 3.04 Rules Affecting Pleadings, Motions and Papers: A. Governing Rules. Rules 2.100 et seq. and 3.110 of the California Rules of Court govern the form, filing, and service of pleadings, motions, and other papers in civil law and motion, and discovery proceedings in family law and probate. B. Amending the Pleadings. Amendment of pleadings, and motions for such amendment, must be in compliance with Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473. In addition: 1. An amendment to designate an incorrectly named party by the correct name does not require a noticed motion, and may be obtained by ex parte application and order, unless the Court determines that substantial rights of said party are adversely affected. 2. An amended pleading is preferred over an amendment to a pleading, except when the amendment is for the sole purpose of correcting the name of a party (see paragraph 3.04.A(1), above). 3. Except as otherwise provided in these Rules for cases subject to Delay Reduction, whenever a pleading is amended after the filing of an at-issue memorandum, the Court will have discretion to strike the at-issue memorandum and vacate any trial date set thereon, unless the parties stipulate that earlier responsive pleadings are deemed sufficiently responsive to the amended pleading. C. New Party Named as Cross-Defendant. Cross-complainants who name persons not already parties to the action as cross-defendants must comply with Rules 2.100-2.119 and 3.222 of the California Rules of Court. D. Discovery Motions. The form, format, and service of discovery motions are governed by Rules 3.1000 et seq. of the California Rules of Court, and by Code of Civil Procedure, Part 4, Title 3, Article 3 (beginning with CCP §2017). E. Procedure after Demurrer is sustained with Leave to Amend. If, after a demurrer to a complaint or cross-complaint is sustained with leave to amend, an amended pleading is not filed within the time specified by the Court, the Court may dismiss the action or cross action on its own motion. If the Court does not dismiss the action on its own motion after expiration of the specified time, any party to the cause may apply ex parte for a dismissal order. The moving party or notice to the other parties may submit such application to the Court without appearance. (No filing fee will be required unless a hearing on the application is conducted.) (Rule 3.04 amended effective January 1, 2015; adopted effective January 1, 2011.) 3.05 Motions for Summary Judgment or Summary Adjudication: All motions for summary judgment must comply with Rule 3.1350 of the California Rules of Court and with Code of Civil Procedure §437c. Motions not adhering to those provisions may be continued to a future date certain by which time compliance is expected and which is convenient to the Court, or may be denied without prejudice. Motions for summary adjudication made pursuant to CCP §437c(f) that seek adjudication of issues beyond those noted in that subsection may be disregarded entirely. (Rule 3.05 adopted effective January 1, 2011.) 3.06 Continuances and Conduct of Hearings on Motions and other Applications for Orders: A. Continuances of Hearings on the Law & Motion Calendar. 1. The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued, and are in agreement as to the date and time to which the matter will be continued. 2. To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the Clerk of the Court in person or by telephone, no later than 5:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 5:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued. 3. Upon receiving the telephonic notice, the Clerk of the Court will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the Clerk of the Court will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved. 4. Violations of this Rule may result in the imposition of sanctions pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §177.5, or any other appropriate authority. B. Extended Hearing Rule. "Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to present and argue, unless otherwise defined by these Rules. If the attorney for any party determines that a matter set on the law & motion calendar is likely to require more than a total of 15 minutes, counsel must notify the Clerk of the Court and opposing counsel or unrepresented party, in person or by telephone, no later than the close of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by the Court to another date and time certain. C. Evidence at Hearing. Rule 3.1306 of the California Rules of Court will govern evidence at the hearing, including requests for judicial notice. D. Telephonic Appearances in Non-Evidentiary Civil Law & Motion and Probate Hearings. 1. Rule 3.670 of the California Rules of Court governs telephonic appearances by counsel in non-evidentiary law & motion and in probate proceedings. The Court expects strict adherence to the requirements of both Rule 3.670 and this Local Rule. In addition to the notice requirements of Rule 3.670, and because the Court uses an outside vendor (currently “CourtCall”) for telephonic appearances in these matters, any attorney or party who intends to appear telephonically must make his or her request through the outside vendor directly. 2. The outside vendor will bill all participants directly, at prevailing rates. Costs associated with telephonic appearances are not taxable costs as authorized by Code of Civil Procedure §1033.5. 3. All requests for telephonic appearance must be made to the vendor a sufficient time prior to the scheduled hearing to allow the vendor to schedule the appearance. 4. At the time of the hearing, every participant who has requested a telephonic appearance must contact the vendor at the telephone number provided on the vendor’s confirmation of the request. Participants will be brought in at the direction of the Court, and will remain on the line until the participant’s case appearance has been completed. In order to ensure a quality record of the proceeding, participants may not use pay, cellular, or speakerphones. 5. It is the responsibility of each participant to cancel his or her telephonic appearance request by contacting the vendor directly in the event the hearing is cancelled. (Rule 3.06 amended effective January 1, 2015; adopted effective January 1, 2011.) 3.07 Preparation of Orders: A. Duty to Prepare. In general, the duty to prepare orders is governed by Rule 3.1312 of the California Rules of Court. In matters not governed by Rule 3.1312, or in cases where the Court finds that the time constraints of Rule 3.1312 are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only). B. Approval; Procedure if Not Approved. 1. The opposing party must either promptly approve or object to the proposed order, stating alternative proposed language. If the other opposing party fails to approve or object to the order within ten (10) days after service, the party who prepared the order may then send it to the Court for signature. The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order. A copy of the letter to the Court must be served on the opposing party. 2. If the party who is required to prepare the order pursuant to Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section. A copy of the cover letter and the proposed order must be served on all parties. 3. The Court will hold, for a period of five days, all orders that have not received the approval of the opposing party; after five days, if no objections have been received, the order will be signed. C. Procedure When There Is Disagreement. If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the portion(s) of the proposed order that are the subject of disagreement. A copy of the letter must be delivered to all other parties at the time it is delivered to the Court. Attorney's fees and costs, including the cost of preparing a reporter's transcript, if any, may be awarded thereafter based the merits of the matter. (Rule 3.07 adopted effective January 1, 2011.) 3.08 Procedures Regarding Applications for Extraordinary Writs: A. Form and Length of Briefs in Support of or in Opposition to Writ Petitions. 1. The form of briefs in support of or in opposition to writ petitions (regarding mandate and prohibition) must generally conform to rules specified for motions in both these Rules and the California Rules of Court, except that no brief, either in support of or in opposition to a writ petition, including its memorandum of points and authorities (but excluding exhibits, declarations, attachments, tables, and proof of service) may exceed thirty-five (35) pages in length, and no reply brief may exceed 20 pages. Leave of Court to file a brief in excess of the limitations fixed by this Rule may be granted upon a showing of good cause, and an application for such leave of Court must be made according to the procedures set forth in CRC Rule 3.1113, and on such other conditions as the Court may impose. 2. A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument. 3. Any paper that violates this Rule must be filed and considered in the same manner as a late-filed paper, and the Court, in its discretion, may impose other conditions and/or sanctions because of the violation. B. Preparation of Record. If a proceeding in prohibition or mandate includes a record for the Court’s review that exceeds 25 pages, the record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered, with two holes punched into the top margin and all pages fastened together, and the front page must bear the caption of the matter and the case number. Upon receipt of the record, the Clerk will enter the record into the Court’s file and denote its entry upon the register of filings. C. Service of Petition Prior to Hearing. All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint. Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ as specified in Local Rule 3.02(B). (Rule 3.08 amended effective January 1, 2015; adopted effective January 1, 2011.)
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.