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Chapter 12 (Setting of Contested Family Law and Adoption; Rules 12.1 to 12.5, Rules 12.6 and 12.7 repealed): contested family law set for settlement conference and setting of trial on an At-Issue Memorandum (Local form CI-120), and adoption, nullity, civil and family default and prove up hearings set on a Request to Set Hearing (Local form CI-133) (Rule 12.1); the At-Issue Memorandum - the settlement conference and trial setting about fifteen (15) days after it is filed, and the disclosure declarations required first (Rule 12.2); a Counter At-Issue Memorandum within ten (10) days (Rule 12.3); and the dates trial counsel is not available, in short cause and long cause cases (Rules 12.4 and 12.5).
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION 12.1 CONTESTED FAMILY LAW AND ADOPTION Contested Family Law will be set for settlement conference and setting of trial upon the filing of an At-Issue Memorandum, Local form CI-120. Adoption; nullity; civil and family default; prove up hearings will be set for hearing upon the filing of a Request to Set Hearing, Local form CI-133. The forms can be found in the forms section of the court’s website. (Adopted October 1, 1998; Amended January 1, 2011; Amended July 1, 2015; Amended July 1, 2017) 12.2 AT – ISSUE MEMORANDUM The setting of family law cases for trial shall be in accordance with California Rules of Court, rule 10.901 and these rules. A. Any At-Issue Memorandum filed shall be on the form provided by the clerk of the court. B. Approximately fifteen (15) days after the filing of an At-Issue Memorandum the court shall set the case for settlement conference and trial setting. C. Petitioner and respondent must have complied with Family Code section 2104, subdivision (a), and, prior to, or concurrently with, submission of the At-Issue Memorandum, must have filed a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration. (Judicial Council form FL-141.) If the non-submitting party has failed to file a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration, the submitting party must demonstrate compliance with Family Code section 2107 by: 1. Filing a Request for Order (Judicial Council form FL-300) regarding non-compliance with disclosure requirements prior to or concurrently with the At-Issue Memorandum. (Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended January 1, 2011; Amended July 1, 2014; Amended July 1, 2017) 12.3 COUNTER AT – ISSUE MEMORANDUM Any party not in agreement with any other representation made in an At-Issue Memorandum shall within ten (10) days after the service thereof, serve and file a “Counter At-Issue Memorandum” on their behalf. (Adopted October 1, 1998; Amended January 1, 2024) 12.4 SHORT CAUSE In short cause cases (one (1) day or less), in addition to the information required by California Rules of Court, rule 10.900, the At-Issue Memorandum shall indicate those dates, not less than thirty (30) days from the date the At-Issue Memorandum is filed, during which trial counsel is not available. (Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended July 1, 2017) 12.5 LONG CAUSE In long cause cases (more than one (1) day), in addition to the information required by California Rules of Court, rules 3.714 and 10.900, the At-Issue Memorandum shall indicate those dates, not less than three (3) months from the date the At-Issue Memorandum is filed, during which the trial counsel is not available. (Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended July 1, 2017) 12.6 REPEALED (Settlement conferences - Repealed July 1, 2003) 12.7 REPEALED (Adopted January 1, 2011, Unlawful detainer actions - Repealed, July 1, 2017)
CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION 12.1 CONTESTED FAMILY LAW AND ADOPTION Contested Family Law will be set for settlement conference and setting of trial upon the filing of an At-Issue Memorandum, Local form CI-120. Adoption; nullity; civil and family default; prove up hearings will be set for hearing upon the filing of a Request to Set Hearing, Local form CI-133. The forms ca
Reviewer note: Composed 2026-10-07 (California T4 Monterey build 2026-10-07) from BenchPath custody ca/t4/ca-monterey/docs/local-rules/local-rules-court_7126.pdf (4421478 bytes, sha256 6cfb26d8558478433c17c16338ee58feefb8ffa50636d888812c530751d033fb; 192 pages; this chapter's rules are pages 151 to 152) with the shared verbatim composer (v2 reflow). Each chapter opens on its own page with its own table of contents (a finding aid, not carded); the running header lines (LOCAL RULES OF COURT; MONTEREY COUNTY SUPERIOR COURT) and the page numbers removed as chrome, the chapter number and name kept once as the card's heading; the cover, the book's table of contents, the alphabetical index and the reserved Chapters 5 and 13 belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass.
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.