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Chapter 5 (Rules 5.01 to 5.12): the Court, in its discretion, to determine reasonable compensation for research, general preparation, trial, or other services where law authorizes such fees (5.01); the attorney fees considered reasonable on an application for approval of a compromise under Code of Civil Procedure §372 or Probate Code §3500 - the fee schedule twenty-five percent (25%) for settlement without the commencement of a trial, thirty-three and one-third percent (33-1/3%) for recovery of judgment or obtaining settlement after trial has commenced, and “3. Settlement after filing appellant's opening brief on” / “4. : forty percent (40%).” - subject to variation in cases involving unusual circumstances (5.02); a compromise of a claim of a minor or incompetent person submitted on Judicial Council Form MC-350 with a proposed order on Form MC-351, an order to deposit funds on Form MC-355, the petitioner or counsel to deposit the funds within 48 hours of receipt and to file a receipt on Form MC-356 within 15 days thereafter, a petition for withdrawal of funds on Form MC-357, and the presence of the petitioner and the minor or incompetent person required at the hearing on a compromise in excess of Ten Thousand Dollars ($10,000) unless good cause for non-appearance is established in advance by a letter request (5.03); judgments that show the full names and legal capacities of the parties, full and complete, and a "Proposed Judgment" lodged with the original "Judgment" when Rule 3.1590 of the California Rules of Court requires (5.04); the Court to sign a judgment presented as part of a stipulation for judgment (5.05); civil cases set for settlement conference at the discretion of the Court or voluntarily submitted, all parties prepared to make a bona fide settlement offer with all principals or clients in attendance or available by telephone (requests for non-appearance may be made by letter), and the parties to lodge and serve a brief statement of the facts and the law of the case no later than five (5) calendar days prior to the conference (5.06); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.07); default prove-ups presented in written form or by oral testimony on application to the Clerk for a hearing on the regular civil law and motion calendar (a special setting when more than fifteen (15) minutes will be required), proof by competent evidence of all essential elements (5.08); no judgment by default in any action to quiet title, the application set for hearing on the civil law and motion calendar (5.09); service by publication on ex parte approval, supported by declarations describing all efforts to locate the other party and all due diligence, the summons published once a week for four consecutive weeks, and an alternative manner of publication for an indigent plaintiff/petitioner granted a fee waiver (5.10); a goal of disposition of 100 percent (100%) of small claims cases within thirty-days (30) after filing when all defendants reside in Modoc County and sixty-days (60) when any defendant resides outside, the hearing continued for service if the plaintiff contacts the Court prior to the hearing date, and the Court to dismiss without prejudice a small claims action in which the plaintiff does not appear unless the plaintiff contacts the Clerk in advance, by telephone or in writing, to request a continuance (5.11); and the policy of the Court that a property manager or a rental agent may file an unlawful detainer complaint on behalf of the owner and represent the property owner in the proceeding (5.12).
CHAPTER 5: MISCELLANEOUS CIVIL RULES 5.01 Attorney Fees for Prevailing Party. Where law authorizes such fees, the Court, in its discretion, may determine reasonable compensation (computed on an hourly or per-day basis) for research, general preparation, trial, or other services rendered. (Rule 5.01 adopted effective January 1, 2011.) 5.02 Attorney Fees in Cases Involving Minors or Incompetent Pers
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 34 to 40, printed pages 34 to 40) 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 5.02(A)'s fee schedule prints its third item broken across two lines: “3. Settlement after filing appellant's opening brief on” over “4. : forty percent (40%).” (read on a render of the page). Rule 5.08(A)(1) refers quiet title cases to “Rule 5.11, below”; the quiet title rule is Rule 5.09. The review task asks the court for the fee schedule's third item.
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 5: MISCELLANEOUS CIVIL RULES 5.01 Attorney Fees for Prevailing Party. Where law authorizes such fees, the Court, in its discretion, may determine reasonable compensation (computed on an hourly or per-day basis) for research, general preparation, trial, or other services rendered. (Rule 5.01 adopted effective January 1, 2011.) 5.02 Attorney Fees in Cases Involving Minors or Incompetent Persons: A. Attorney Fees in Minor’s Compromise. On any application for approval of a compromise under Code of Civil Procedure §372 or Probate Code §3500, the attorney fees hereafter set forth will be considered reasonable under normal circumstances. In computing fees based on the amount of the judgment or settlement, special damages allotted to the parents and the costs paid or incurred by any attorney must be deducted from the amount of the judgment or settlement before the fees are calculated. The fee schedule is as follows: 1. Settlement without the commencement of a trial: twenty-five percent (25%). 2. Recovery of judgment or obtaining settlement after trial has commenced: thirty-three and one-third percent (33-1/3%). 3. Settlement after filing appellant's opening brief on 4. : forty percent (40%). B. Cases Involving Unusual Circumstances. In cases involving unusual circumstances or conditions, the foregoing fees may be subject to variation, as ordered by the Court, to meet such circumstances or conditions. (Rule 5.02 adopted effective January 1, 2011.) 5.03 Compromise of Claim of Minor or Incompetent Person: A. Use of Mandatory Judicial Council Forms. Requests for Court approval of compromise of a claim of a minor or incompetent person will not be considered unless submitted on a fully completed Judicial Council Form MC-350. The Petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351. B. Order to Deposit Money; Deposit and Receipt for Deposit. 1. Order to Deposit Money: If the order approving the compromise includes an order for deposit of funds into a blocked account, the applicant must also submit to the Court, along with the petition and approval order, a separate order to deposit the funds, prepared on Judicial Council Form MC-355. 2. Deposit and Receipt: Petitioner or counsel must deposit the subject funds as ordered within 48 hours of receipt, and must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter. C. Withdrawal of Funds. If a court order for deposit of funds for the benefit of a minor does not allow for withdrawal without further order upon the minor’s eighteenth (18th) birthday or thereafter, then a petition for withdrawal of funds so deposited will be allowed only according to these Local Rules, and must be submitted on Judicial Council Form MC-357. When the attorney for the petitioner was allowed fees at the time of settlement, no attorney fees incidental to securing such withdrawal order will be awarded, except for good cause. D. Presence of Petitioner and Minor or Incompetent Person at Hearing. The presence of the petitioner and the minor or incompetent person is required at the hearing on a petition for approval of any compromise in excess of Ten Thousand Dollars ($10,000), unless, in advance of the hearing, good cause for non-appearance is established to the Court’s satisfaction by a letter request seeking to excuse that person's attendance. In weighing the request, the Court will consider the following: 1. Amount of the settlement; 2. Policy limits; 3. Extent of the injury and the need for future medical care related to the injury; 4. Extent of residual injuries (including cosmetic and/or psychological injury); 5. Liability; 6. Travel distance for the minor or incompetent person and his or her guardian, including consideration of any disability which makes travel difficult; and 7. Interruption of education. (Rule 5.03 adopted effective January 1, 2011.) 5.04 Form of Judgment: A. Required Elements of Formal Judgment. In drafting forms of judgment for the trial judge to sign, counsel must: 1. Clearly show the full names of the parties for whom and against whom the judgment is rendered, including their legal capacities as plaintiffs, defendants, cross-complainants and cross-defendants; 2. Refer to full names as they appear in the caption of the initial pleadings, or obtain an order amending the pleadings in respect to such names; and, 3. All judgments must be full and complete. Judgments that have exhibits are discouraged and may not be accepted. If such judgment is accepted, there must be a place for signature of the judge at the end of the attached exhibit. B. Submission of Proposed Judgment to the Court. When required by the Court, or when Rule 3.1590 of the California Rules of Court requires a proposed judgment, counsel must lodge the proposed judgment with the Clerk. The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties. At the same time that the proposed Judgment is lodged with the Clerk, counsel must also lodge therewith the original form of the judgment. The original judgment must be in the same form and have the same content as the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge. The Clerk will mark the proposed judgment as having been received, and will retain it as well as the original judgment, unmarked, in the Court’s file. After the requisite period of time has elapsed pursuant to Rule 3.1590 of the California Rules of Court, the Clerk will present the file to the judge so that the judgment may be signed, if appropriate. (Rule 5.04 amended effective January 1, 2015; adopted effective January 1, 2011.) 5.05 Form of Stipulated Judgment: The Court will sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto. (Rule 5.05 adopted effective January 1, 2011.) 5.06 Settlement Conferences: A. Required Conference. 1. Civil cases, whether or not subject to the Trial Court Delay Reduction Act, may be set for settlement conference, at the discretion of the Court. 2. Any matter may be voluntarily submitted to the Court for settlement conference. B. Attendance and Preparation. At the settlement conference, all parties must: 1. Be prepared to make a bona fide settlement offer; 2. Have all principals or clients either in attendance or available by telephone, unless excused in advance for good cause shown, after notice to all other parties that a request to be excused will be made (requests for non-appearance may be made by letter); 3. Produce memoranda of items of any special damages claimed; and 4. Have available any and all medical reports (if a personal injury is claimed), depositions, photographs, records, diagrams, maps, bills, contracts, memoranda and other documents pertinent to settlement of the case. C. Settlement Conference Statement. No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case. These statements will become a part of the Court’s file. D. Duty re Settlement. If a settlement conference has been calendared and the matter is resolved prior thereto, the settlement conference will not be dropped from calendar unless and until the parties have filed settlement papers or a dismissal of the action, and have informed the Clerk of the Court that the matter can be dropped from calendar. If neither dismissal nor settlement papers have been filed prior to the conference, the matter will be returned to the case management calendar for status review. (Rule 5.06 adopted effective January 1, 2011.) 5.07 Sanctions: A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions there under or as otherwise provided by law. In addition to sanctions authorized by the Code of Civil Procedure, the Court adopts and incorporates herein the provisions of Rule 2.30 of the California Rules of Court. Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing. (Rule 5.07 adopted effective January 1, 2011.) 5.08 Default Prove-Ups: A. Manner of Presentation. 1. Except for default cases in which the Clerk of the Court may enter judgment without review by a judicial officer, Code of Civil Procedure §585(a), and cases in which plaintiff seeks to quiet title pursuant to CCP §764.010 (see Rule 5.11, below), applications for entry of default judgment and evidence in support thereof may be presented either in written form or by oral testimony. 2. Affidavits and declarations presented in support of a prove-up application must comply with the requirements of CCP §585 and §585.5. 3. If a prove-up by oral testimony is desired, the plaintiff must apply to the Clerk of the Court for a hearing, which will be set on the regular civil law and motion calendar, unless more than fifteen (15) minutes will be required, in which case a special setting will be necessary. B. Evidence on Prove-Up, Generally. For purposes of default prove-ups, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. Rather, proof must be presented by competent evidence with respect to all essential elements of the causes of action to be proved. Mere conclusions are insufficient. Affidavits and declarations must show, affirmatively, that the affiant or declarant is competent to state those things that appear therein. Generally, the Court will use the same standard for assessing the quality and sufficiency of the evidence as it would apply in a contested proceeding, CCP §585(d); Harris v. Cavasso (1977) 68 CA3d 723; Devlin v. Kearny Mesa AMC (1984) 155 CA3d 381. (Rule 5.08 adopted effective January 1, 2011.) 5.09 Prove-Up in Quiet Title Proceedings: The Court will not enter judgment by default in any action to quiet title, Code of Civil Procedure §764.010. An application for entry of judgment in such action must be set for hearing on the civil law and motion calendar, subject to special setting where more than fifteen (15) minutes will be required. At the hearing or by papers filed prior thereto, the applicant must demonstrate that all parties have been served and have either appeared or failed to appear, and the applicant must comply with the provisions of CCP §585(c). At the hearing on the application, the applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title. (Rule 5.09 adopted effective January 1, 2011.) 5.10 Obtaining Default Judgments Pursuant to Service by Publication: A. Obtaining an Order for Service by Publication. Applications for service by publication must be submitted to the Clerk of the Court for ex parte approval by a judicial officer, and must be supported by one or more factual declarations describing all efforts to locate the other party. The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner has exercised all due diligence in attempting to locate the other party. [Olvera v. Olvera (1991) 232 Cal.App.3d 32.] Petitioner's due diligence search may include the following, as appropriate: 1. Recent inquiries of relatives and friends of the other party, and of other people likely to know his or her whereabouts; 2. Searches of relevant telephone directories, tax rolls, and other public records; and 3. Internet searches and/or searches by licensed search firms or entities. B. Publication and Entry of Default. Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks). Upon completion of publication, the petitioner must all file the proof of publication and the request to enter default. The Clerk will then determine whether service is complete and, if so, will enter default. (A hearing on the request to enter default may be required when the circumstances so merit.) After default has been entered, the petitioner may apply for a default judgment as described in the preceding section. C. Applications for Orders for Alternative Service by Publication Where Plaintiff/Petitioner Is Indigent. An indigent plaintiff/petitioner may apply to the Court for an alternative manner of publication, other than publication in a California newspaper of general circulation. A plaintiff/petitioner may be eligible for indigent relief when a prior fee waiver has been granted in the same action. The petitioner must submit, for the Court’s review, an application and declaration for alternative publication, stating that the Court has granted a fee waiver and the reasons that the applicant cannot now afford the cost of publication. After reviewing the application and the file, the Court may order alternative service of process, require a hearing to determine Petitioner's ability to pay, or deny the request. (Rule 5.10 adopted effective January 1, 2011.) 5.11 Small Claims Court; Appearance by Plaintiff; Dismissal: A. Statement of Policy. The goal of the Court is to process small claims cases in the most expedient manner that is fair to all concerned. The Court aims to achieve disposition of 100 percent (100%) of small claims cases within thirty-days (30) after filing when all defendants reside in Modoc County, and within sixty-days (60) after filing when any defendant resides outside of Modoc County. Small claims cases are scheduled for trial within these timeframes whenever practicable. In many cases, service cannot be completed upon the defendant before the scheduled hearing date. If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant. B. Duty of Plaintiff to Appear or Request Continuance. The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff contacts the Clerk of the Court in advance of the hearing date, either by telephone or in writing, to request a continuance. At the time the complaint is filed, the Clerk of the Court will provide plaintiffs with written notice of this policy. (Rule 5.11 adopted effective January 1, 2011.) 5.12 Representation in Unlawful Detainer Proceedings: General Court Policy. It is the policy of this Court that a property manager or a rental agent may file an unlawful detainer complaint on behalf of the owner or a lawful tenant of the subject property, or prepare the petition or complaint for filing, and represent the property owner in the proceeding. (Rule 5.12 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.