Chapter 4 (Rules 4.00 to 4.15): the Court utilizes the case evaluation factors of California Rules of Court, Rule 3.715 in differentiating cases to achieve the case management goals of Rule 3.714 (4.00.2); all actions deemed Plan 1 cases at the time they are filed, and upon good cause shown an order changing the designation of a case to Plan 2 or 3 or to exempt a general civil case from the case disposition time goals, on noticed motion or the Court's own motion (4.00.5); a case management conference approximately 120 days after the filing of the complaint, the notice set and filed by the court when the complaint is filed and served by the plaintiff with the case management information sheet, a blank copy of the case management statement and the alternate dispute resolution sheet, appearance in person or remotely, the calendar held remotely in Truckee where notice of an intent to appear in person is due two (2) court days in advance, a case management tentative ruling posted to the court website when an appearance is not necessary, the case at issue at the time of the conference, trial counsel to personally attend, trial counsel and backup trial counsel specified at the first case management conference, proofs of service of complaints and cross-complaints and each party's case management conference statement filed at least fifteen (15) calendar days before the conference, and jury fees paid on or before the date of the initial case management conference under Code of Civil Procedure Section 631 (4.00.8); a short cause case - a time estimated for trial of five (5) hours or less - called for case management conference in the same fashion as a long cause matter or set directly for trial on the short cause calendar, parties who stipulate to a short cause trial date to submit their stipulation to the clerk, and no at issue memoranda (4.00.9); a plaintiff's election to arbitrate filed with the case management conference statements at least fifteen (15) calendar days before the conference, a written stipulation to arbitrate without a limit as to the amount of the award unless it expressly states otherwise, the Court may order appropriate cases to judicial arbitration under California Rule of Court 3.811(a)(2)(3) and (5), mediation as an alternative to judicial arbitration under Code of Civil Procedure Section 1775.2, any limited civil case in which a jury trial is requested submitted to arbitration, and sanctions for the willful failure to meaningfully participate in arbitration or mediation, including non-appearance and a motion or request to continue less than ten (10) court days before (4.00.10); any long cause case, and any short cause case at the discretion of the Court, set for a judicially supervised mandatory settlement conference attended by the attorney who will conduct the trial, the unrepresented parties and persons with authority to negotiate in good faith and reach settlements, remote appearances by court order for good cause upon written request, and a dismissal, notice of settlement or stipulated judgment filed immediately on a settlement (4.02); the first page of each settlement conference statement to specify the date and time of the settlement conference and the trial date, the statement filed no later than ten (10) court days before the conference with a full and complete statement of the information to the extent known or contended, principals, decision makers and insurance carriers to attend in person unless excused by order in advance, and a party that files a request for telephonic appearance by any of them to submit it no less than ten (10) court days prior with the mandatory settlement conference statement (4.02.1); a pretrial conference within two weeks of the first day of trial, conducted by the assigned trial judge, the parties to serve and file at least five (5) court days before it the exhibit lists, witness lists, proposed jury instructions, proposed written voir dire, proposed special verdicts, stipulations and a joint non-argumentative statement of the case (two (2) paragraphs maximum), trial preparation motions under the time limits of Code of Civil Procedure Section 1005 heard on the day of the pretrial conference (Nevada City Branch) or on the law and motion calendar (Truckee Branch), and all motions in limine in one (1) document with consecutively numbered paragraphs (4.03); a request to continue a mandatory settlement conference, civil trial conference or trial under California Rules of Court, Rule 3.1332, a trial conflict good cause only if it arose after the trial date was set and could not have been reasonably avoided, and unopposed motions to continue the trial date to include mutually acceptable future trial dates (4.04); a tentative ruling posted on the court website (www.nevada.courts.ca.gov) on the afternoon of the court day before each regularly scheduled law and motion calendar, the final ruling unless the Court has directed oral argument or notice of intent to appear is given to the clerk's office by 4:00 p.m. the court day preceding the hearing with confirmation that all other parties have been notified, limited argument not to exceed five (5) minutes per side, and the court's research attorney who may sit as a temporary judge on the stipulation of all parties, a party who does not wish to stipulate to notify the other parties and the clerk at (530) 362-4309 by 4:00 p.m. the day before the hearing (4.05.3); the court does not require copies of non-California authorities (4.05.5); attorney's fees on promissory notes, contracts providing for the payment of attorney's fees, and foreclosures - on default, twenty-five percent (25%) of the first $1,000 but not less than $150.00, twenty percent (20%) of the next $4,000, fifteen percent (15%) of the next $5,000, ten percent (10%) of the next $10,000, five percent (5%) of the next $30,000 and two percent (2%) of the amount over $50,000, reasonable attorney's fees in contested matters, and in unlawful detainer actions proceeding by default or as an uncontested matter no more than eight hundred dollars ($800) unless the prevailing party demonstrates good cause (4.07); sanctions when any counsel, party, person or entity fails to comply with these local rules - to strike out a pleading, dismiss the action, enter a default judgment or impose penalties of a lesser nature, with reasonable attorney's fees and costs (4.08); counsel or a self-represented party who utilizes large-sized exhibits at trial to submit an 8 ½ x 11-inch copy to the clerk, who will keep the copy for the record (4.10); a bench warrant or other appropriate relief when a properly served judgment debtor fails to appear at the debtor's examination (4.11); the order after hearing to recite the Court's order verbatim without the tentative ruling procedures, counsel preparing it to secure opposing counsel's approval of its form within ten (10) court days, the signed order served within five (5) days, and the court does not accept proposed orders in advance of hearings except for ex parte hearings, mandatory Judicial Council forms and evidentiary objections (4.12); applications for civil harassment, elder abuse, and workplace violence temporary restraining orders noticed to the opposing party or attorney by 10:00 a.m. the day before review unless accompanied by a declaration setting forth good cause, the pleadings and any opposition presented to the Civil Division Clerk's Office by 4:00 p.m. the court day prior, and review Monday through Friday beginning at 8:30 a.m. by a judicial officer designated by the Presiding Judge, generally without oral argument and solely upon written application without a court hearing (4.13); small claims cases without a proof of service after two (2) continuances may be dismissed without prejudice (4.14); all civil cases filed in, pending in or transferred to the Nevada City Branch, excluding family law matters, assigned for all purposes to the judge whose regular assignment is in Department 6 (4.15).
CHAPTER 4 CIVIL PROCEDURE RULE 4.00 (REPEALED) (Repealed January 1, 2000.) RULE 4.00.1 (REPEALED) (Repealed January 1, 2000.) RULE 4.00.2 DIFFERENTIATING CASES TO ACHIEVE GOALS The Court utilizes the case evaluation factors in California Rules of Court, Rule 3.715 in differentiating cases to achieve its case management goals pursuant to California Rules of Court, Rule 3.714. (Amended January 1, 20
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/local-rules/2026_nc_local-rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF NEVADA RULES OF COURT Effective: January 1, 1997 Updated: July 1, 2026”, as fetched 2026-10-11; 1570770 bytes, sha256 915a63e4216cda56b6e1d985033e57f948fa777fc300d12a4e0fd44fe34227a5; 139 pages; this chapter PDF pages 32 to 42, printed pages 17 to 27) with the shared verbatim composer (v2 reflow): the rules (PDF pages 16 to 124, printed 1 to 109) composed as one text, from “CHAPTER 1” to Rule 11.05, and cut at the eleven chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's printed page number at the bottom center removed as chrome (110 lines: the 109 page numbers and, in the same band of PDF page 124, a page reference of the index, which belongs to no card); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 1.08 COURT REPORTERS”), each lettered or numbered subdivision and each “o” bullet starting a line, and each history note on a line of its own; the text after the “INDEX” line on PDF page 124 cut off; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 22 whitespace-only fixes (build/book-fixes.json: rule headings whose title the book prints on two or more lines under the rule number, each set as one heading line - Rules 1.10, 2.02, 4.00.5, 4.02, 4.05.3, 4.07, 5.03, 5.05.4, 5.09.1, 5.13.1, 6.01.6, 6.02.11, 6.04, 6.05.7, 6.06.1, 6.07.1, 6.08.2, 6.10, 8.04, 8.06, 10.00.4 and 11.04); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents (PDF pages 2 to 15), the index (PDF pages 124 to 133) and the appendices (PDF pages 134 to 139: Appendix I, the local forms lists; Appendix II, the standing orders list) belong to no card. Review note: The court's Restraining Orders page (held) says “At the hearing, the Judge will review your papers and make a decision on an emergency Temporary Restraining Order”, while Rule 4.13 says requests for temporary orders are generally handled solely upon written application without a court hearing (a review task). Rule 4.02 has the settlement conference statement served and filed “not later than five (5) court days prior to the scheduled conference” except as provided in Rule 4.02.1, which has statements filed “no later than ten (10) court days before the conference”; this card states Rule 4.02.1's deadline. Carried as printed: Rule 4.05.4, “(REPEALED)”, with the note “(Amended January 1, 2000.)”.
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 > Nevada County > Superior Court of California, County of Nevada
CHAPTER 4 CIVIL PROCEDURE RULE 4.00 (REPEALED) (Repealed January 1, 2000.) RULE 4.00.1 (REPEALED) (Repealed January 1, 2000.) RULE 4.00.2 DIFFERENTIATING CASES TO ACHIEVE GOALS The Court utilizes the case evaluation factors in California Rules of Court, Rule 3.715 in differentiating cases to achieve its case management goals pursuant to California Rules of Court, Rule 3.714. (Amended January 1, 2008.) RULE 4.00.3 (REPEALED) (Repealed July 1, 2003.) RULE 4.00.4 (REPEALED) (Repealed July 1, 2003.) RULE 4.00.5 CATEGORY DESIGNATION AND CHANGE OF DESIGNATION All actions shall be deemed Plan 1 cases at the time they are filed. Upon good cause shown, the Court at any time may enter an order changing the designation of a case to Plan 2 or 3 or it may exempt a general civil case from the case disposition time goals contained in California Rules of Court, Rule 3.714. This change of designation may be made: A. Upon noticed motion to be heard on the law and motion calendar; B. Upon the Court’s own motion. (Amended January 1, 2008.) RULE 4.00.6 (REPEALED) (Repealed July 1, 2003.) RULE 4.00.7 (REPEALED) (Repealed July 1, 2003.) RULE 4.00.8 CASE MANAGEMENT CONFERENCE Reference is made to the provisions of California Rules of Court, Rules 3.720 - 3.730. A. Date of conference. Except for short cause cases, a case management conference shall be scheduled and held in all cases approximately 120 days after the filing of the complaint. The court sets and files a notice of case management conference at the time the complaint is filed. Plaintiff shall serve the notice of case management conference, the case management information sheet with attached blank copy of the case management statement, and the court’s alternate dispute resolution sheet and attached stipulation form at the time the complaint is served. The parties may thereafter stipulate in writing to and the Court may order that the conference be set at an earlier date. At any time, the Court may schedule a case management conference on its own motion. B. Manner of appearance. Parties may appear in person or may appear remotely for case management conferences, as provided by Code of Civil Procedure Section 367.75 and California Rules of Court, Rule 3.672. In the Truckee Branch, all parties wishing to appear in person must provide notice to the court and opposing parties two (2) court days prior to the court hearing. The Court will review files for the case management conference and determine if appearances at the conference are necessary. If it is determined a conference is not necessary, a case management tentative ruling is issued and the parties are advised that an appearance is not required. At the present time, such orders are posted to the court website prior to the scheduled hearing. This policy is subject to change without further notice or amendment of these rules. C. Case at issue. The case shall be at issue at the time of the conference absent a showing of extraordinary circumstances. D. Counsel/party participation. Counsel for each party and each self-represented party appearing in the action who is required by the case management order described in subdivision (B) shall attend the case management conference pursuant to the terms of the notice and should be familiar with the case and be fully prepared to discuss all matters stated in the case management order. Counsel designated as trial counsel shall personally attend the case management conference. Counsel or a self-represented party who fails to attend the conference and fails to participate effectively in the conference shall be subject to the imposition of sanctions. E. Designation of trial counsel. Trial counsel and, except for good cause, backup trial counsel must be specified at the first case management conference. If such trial counsel is not specified or designated trial counsel does not appear, relief from the scheduled trial date may not be obtained based upon the ground that counsel is engaged in trial elsewhere. F. Subjects to be considered at case management conference. In any case management conference or review the parties must address, if applicable, and the Court may take appropriate action with respect to, the factors set out in California Rules of Court, Rule 3.724. G. Case management orders. In addition to an order setting a schedule for subsequent proceedings and otherwise providing for management of the case, the case management order shall include such provisions as may be appropriate, including those provisions set forth in California Rules of Court, Rules 3.724, 3.727 and 3.728(1) – (13). H. Proofs of service. Proofs of service of complaints and cross-complaints must be filed at least fifteen (15) calendar days before the case management conference. I. Case management conference statement. At least fifteen (15) calendar days before the scheduled case management conference, each party shall file with the court and serve on all other parties a completed case management conference statement. J. Jury Fees. Pursuant to Code of Civil Procedure Section 631, jury fees shall be paid on or before the date scheduled for the initial case management conference. Failure to timely deposit jury fees results in a statutory waiver of trial by jury. K. Remote Appearances. The case management conference calendar is held remotely in Truckee. Parties must notify the court two (2) court days in advance of an intent to appear in person. (Amended July 1, 2026.) RULE 4.00.9 SHORT CAUSE CASES Pursuant to California Rules of Court, Rule 3.735(a), a short cause case is a civil case in which the time estimated for trial by all parties or the court is five (5) hours or less. All other civil cases are long cause cases. In order to provide more efficient calendar management, short cause cases are divided into two (2) categories: limited short cause collection cases and all other short cause cases. A. Limited short cause collection cases. See California Rules of Court, Rule 3.740. B. Other short cause cases. Short cause cases other than limited short cause collection cases shall be assigned a case management conference date. If the parties by stipulation, or the Court on its own motion, have not scheduled a case management conference sooner than 120 days following the filing of the complaint, the case will be called for case management conference in the same fashion as a long cause matter. If the parties stipulate or the Court on its own motion sets a case management conference before 120 days, the Court will conduct a case management conference in the same fashion as a long cause matter. In any event, the Court may, despite the short cause nature of the case, order that the case be subject to a settlement conference, pretrial conference, or alternative dispute resolution. Further, the Court may, upon a review of the case management conference statement, vacate the order for case management conference and set the matter directly for trial on the short cause calendar. If the parties stipulate to a short cause trial date prior to the case management conference, the parties shall submit their stipulation to the clerk who will then send out a notice of trial. Any scheduled case management conference shall be dropped, absent a court order otherwise. No at issue memoranda are to be filed. (Amended January 1, 2008.) RULE 4.00.10 ARBITRATION; ALTERNATIVE DISPUTE RESOLUTION; SANCTIONS A. Election of plaintiff under California Rules of Court, Rules 3.811 and 3.812. Plaintiffs are encouraged to elect to arbitrate in appropriate cases prior to the case management conference. The election, along with case management conference statements of each party, must be filed at least fifteen (15) calendar days before the case management conference. See California Rules of Court, Rule 3.812(b). B. Stipulation to Arbitrate. Parties may stipulate to arbitration in appropriate cases prior to the case management conference. A written stipulation to arbitrate will be deemed to be without a limit as to the amount of the award unless it expressly states otherwise. C. Mandatory Arbitration Under Rule 3.811(a)(2)(3) and (5). Pursuant to California Rule of Court 3.811(a)(2)(3) and (5) the Court may, despite the lack of a stipulation, order that appropriate cases be submitted to judicial arbitration. D. Request for Trial. If any party has, within a timely fashion, requested that trial be set following arbitration pursuant to California Rules of Court, Rule 3.826 the Court shall preside over any mandatory settlement conference, pretrial and trial dates originally set at the case management conference. E. Alternative Dispute Resolution. Pursuant to Code of Civil Procedure Section 1775.2, the court hereby adopts Title 11.6 of Code of Civil Procedure Sections 1775 et seq. and therefore provides for the submittal of matters to mediation as an alternative to judicial arbitration for cases that are statutorily eligible for judicial arbitration pursuant to Code of Civil Procedure Section 1141.11 or 1141.12. Pursuant to Code of Civil Procedure Section 1141.11(c), any limited civil case in which a jury trial is requested shall be submitted to arbitration. F. Sanctions. The Court may impose sanctions for the willful failure to meaningfully participate in arbitration proceedings, including but not limited to arbitrator’s fees, attorney’s fees and costs, upon a motion brought by a party or the Court. Willful failure to meaningfully participate in arbitration includes but is not limited to: 1. Non-appearance at the time set for hearing of any person necessary to proceed to a meaningful conclusion. Phone calls to the arbitrator at the time set for hearing shall not constitute an appearance. 2. Failure to offer any evidence or rebuttal. 3. Submission of a motion to continue the arbitration hearing less than ten (10) court days before the scheduled hearing unless good cause is shown. 4. Failure to complete arbitration within the time fixed therefor. In the event of a failure to meaningfully participate, the arbitrator may present a declaration to the court requesting sanctions against the offending party or attorney. The declaration shall be lodged with the court’s arbitration administrator and an order to show cause may be issued and set for hearing. G. Sanctions in Mediation Conducted in Lieu of Judicial Arbitration. When the parties elect to participate in mediation in lieu of judicial arbitration, the Court may impose sanctions for the willful failure to meaningfully participate in mediation proceedings, including but not limited to mediator’s fees, attorney’s fees and costs, upon a motion brought by a party or the Court. Willful failure to meaningfully participate in mediation includes but is not limited to: 1. Non-appearance at the time set for hearing of any person necessary to proceed to a meaningful conclusion. Phone calls to the mediator at the time set for mediation shall not constitute an appearance. 2. Requests to continue the mediation less than ten (10) court days before the scheduled mediation unless good cause is shown. 3. Failure to complete mediation within the time fixed therefor. (Amended July 1, 2026.) RULE 4.00.11 REPEALED (Repealed July 1, 2025.) RULE 4.01 (REPEALED) (Repealed January 1, 2000.) RULE 4.02 ALL LONG CAUSE CIVIL TRIALS WILL BE SET FOR A JUDICIALLY SUPERVISED MANDATORY SETTLEMENT CONFERENCE BEFORE A REGULARLY ASSIGNED JUDGE OR DESIGNATED JUDGE PRO TEM Any long cause case, and any short cause case at the discretion of the Court, shall be set for a judicially supervised mandatory settlement conference before a regularly assigned judge, retired judge sitting on assignment, or designated judge pro tem who may be a court commissioner or licensed California attorney. Except as provided in Local Rule 4.02.1, the parties, not later than five (5) court days prior to the scheduled conference, shall serve and file a settlement conference statement with the clerk of the court. Such settlement conference statements shall comply with Local Rule 4.02.1. The conference shall be attended by the attorney who will conduct the trial for each of the parties and by any unrepresented parties. All parties shall attend the conference, together with adjusters, corporate officers or other designated persons with authority to negotiate in good faith and reach settlements. For good cause and upon written request, remote appearances may be permitted by court order in accordance with Code of Civil Procedure Section 367.75 and California Rules of Court, Rule 3.672. Each person attending a settlement conference shall have a thorough knowledge of the evidence and shall be prepared to discuss the facts and law pertaining to both liability and damages. In a personal injury or wrongful death case, each attorney shall bring to the conference a copy of each medical report that pertains to the case. If a settlement is effected where the case settles at any time prior to the mandatory settlement conference, a dismissal, notice of settlement, or stipulated judgment shall immediately be filed with the clerk of the court. (Amended July 1, 2026.) RULE 4.02.1 SETTLEMENT CONFERENCE STATEMENTS The first page of each settlement conference statement shall specify, immediately below the number of the case, (1) the date and time of the settlement conference, and (2) the trial date. Settlement conference statements are to be filed no later than ten (10) court days before the conference. Each settlement conference statement shall include a full and complete statement of the following information to the extent known or contended: (Paragraph numbering of statements shall coincide with the following) 1. The attorney or party who is submitting the statement and the party counsel represents. 2. Lead counsel and the represented party for all other parties in the case. 3. Statement of the facts, including any background information necessary to understand the case. 4. Any factual stipulations reached by the parties. 5. Contested issues of fact, including detail of claimed damages or defenses. 6. Contested issues of law. 7. A good faith settlement demand and an itemization of economic and non-economic damages by each plaintiff and a good faith offer of settlement by each defendant. 8. The limits of any available insurance coverage. 9. Statement as to whether or not the case has been through arbitration. (Attach a copy of any arbitrator’s award or opinion.) 10. Statement as to any special problems relating to settlement. Principals and decision makers for clients and any insurance carriers must attend any scheduled mandatory settlement conference in person unless excused by order of the Court issued in advance of the mandatory settlement conference. Any party that files a request for telephonic appearance at a mandatory settlement conference by any principal, decision maker, or adjuster must submit their request no less than ten (10) court days prior to the mandatory settlement conference, and must submit with their request their mandatory settlement conference statement. (Amended January 1, 2019.) RULE 4.03 PRETRIAL CONFERENCE At the case management conference, or pursuant to other court order, the court shall schedule a pretrial conference to be held within two weeks of the first day of trial, or as otherwise ordered by the Court. Unless otherwise ordered, at least five (5) court days before the pretrial conference, the parties shall serve and file the following: o Exhibit lists; o Witness lists; o Proposed jury instructions; o Proposed written voir dire, questions for the trial judge; o Proposed special verdicts; o Any stipulations on factual or legal issues; and o A joint non-argumentative statement of the case (two (2) paragraphs maximum) to be read to prospective jurors. The pretrial conference shall be conducted by the assigned trial judge. Parties shall file and serve trial preparation motions, opposition and replies, including motions in limine and dispositive motions, not including motions for summary judgment, in accordance with the time limits contained in Code of Civil Procedure Section 1005 so that the motions may be heard on the day of the pretrial conference (Nevada City Branch), or on the law and motion calendar (Truckee Branch), or as the Court may otherwise direct. All motions in limine shall be contained in one (1) document with consecutively numbered paragraphs for each motion. Separate motions in limine are not to be filed for each motion. Additional rules for civil jury trials may be promulgated by the trial judge from time to time and distributed to the parties at the pre-trial conference or at any other appropriate time. (Amended July 1, 2026.) RULE 4.04 CONTINUANCES Any request to continue a mandatory settlement conference, civil trial conference or trial of any civil case must comply with California Rules of Court, Rule 3.1332. A trial conflict may not be deemed good cause for a continuance unless the conflict arose after the trial date was set, and the conflict could not have been reasonably been avoided. Unopposed motions to continue the trial date must include mutually acceptable future trial dates agreed upon by all parties. (Amended July 1, 2025.) RULE 4.04.1 (REPEALED) (Repealed January 1, 2000.) RULE 4.04.2 (REPEALED) (Repealed January 1, 2000.) RULE 4.05 (REPEALED) (Repealed July 1, 2014.) RULE 4.05.1 (REPEALED) (Repealed January 1, 2000.) RULE 4.05.2 (REPEALED) (Repealed January 1, 2000.) RULE 4.05.3 TENTATIVE RULINGS; OBLIGATIONS OF COUNSEL; HEARING OF LAW AND MOTION BY TEMPORARY JUDGE A. Tentative Rulings. On the afternoon of the court day before each regularly scheduled law and motion calendar, a tentative ruling will be posted on the court website (www.nevada.courts.ca.gov). If a party does not have internet access, tentative rulings can be obtained by contacting the clerk’s office. The tentative ruling shall become the final ruling of the court if the Court has not directed oral argument in its tentative ruling and notice of intent to appear has not been given whereby a party desiring to be heard advises all other parties and the court of a request for a hearing. Notification of intent to appear shall be made by contacting the clerk’s office by 4:00 p.m. the court day preceding the hearing, and it shall include confirmation that all other parties have been notified of the intent to appear. Neither the notice of motion nor an arrangement for telephonic appearance will satisfy the requirement to give notice to the other party and the court. When a request for hearing is made or an appearance is required by the Court, limited argument will be allowed, not to exceed five (5) minutes per side, unless the Court determines additional argument time is needed. B. Hearing of Law and Motion by Temporary Judge. The court’s research attorney may sit as a temporary judge on the stipulation of all parties or their counsel. Notification of use of said temporary judge shall be contained in tentative rulings issued for sessions to be heard by said temporary judge. Any party who does not wish to stipulate to the temporary judge must notify the other parties and then notify the clerk at (530) 362-4309 by 4:00 p.m. the day before the hearing. If all parties stipulate to the temporary judge but wish to argue at the hearing, they must notify the law and motion/probate judicial assistant and the other parties by 4:00 p.m. the day before the hearing. The failure to object by 4:00 p.m. the day before the hearing shall be deemed a stipulation that the research attorney may hear the matter as a temporary judge. (Amended July 1, 2024.) RULE 4.05.4 (REPEALED) (Amended January 1, 2000.) RULE 4.05.5 COPIES OF NON-CALIFORNIA AUTHORITIES The court does not require copies of non-California authorities as set forth in California Rules of Court, Rule 3.1113(i). If the court needs a copy of a non-California authority, the court will contact the party who cited the authority. (Effective July 1, 2012.) RULE 4.06 (REPEALED) (Repealed July 1, 2014.) RULE 4.07 ATTORNEY’S FEES IN CIVIL ACTIONS OR PROCEEDINGS ON PROMISSORY NOTES, CONTRACTS AND UNLAWFUL DETAINERS A. The following attorney’s fees shall, under normal circumstances, be awarded in actions on promissory notes, contracts providing for the payment of attorney’s fees, and foreclosures: 1. Defaults. o Twenty-five percent (25%) of the first one thousand dollars ($1,000) awarded as damages, but not less than $150.00; o Twenty percent (20%) of the next four thousand dollars ($4,000); o Fifteen percent (15%) of the next five thousand dollars ($5,000); o Ten percent (10%) of the next ten thousand dollars ($10,000); o Five percent (5%) of the next thirty thousand dollars ($30,000); and o Two percent (2%) of the amount over $50,000. This award is exclusive of costs and interest. If a clerk’s judgment is obtained, the clerk shall include attorney’s fees computed pursuant to this rule, not to exceed the amount prayed for. 2. Contested actions. Unless the contract provides otherwise, reasonable attorney’s fees shall be awarded in contested matters. In any contested action, the party seeking attorney’s fees shall comply with California Rules of Court, Rules 3.1700 (prejudgment costs) and 3.1702 (attorney’s fees). B. Unlawful detainer actions. In actions for unlawful detainer in the limited courts, where default has been entered because the defendant did not file a response or where the defendant has filed a response but the matter proceeds as an uncontested matter at trial, an attorney’s fees award shall not exceed eight hundred dollars ($800), unless the prevailing party demonstrates good cause. (Effective July 1, 2014.) RULE 4.08 SANCTIONS If any counsel, party, person or entity subject to these local rules fails to comply with any part thereof, the Court on motion of a party or on its own motion, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and in conjunction with imposition of these penalties or in addition to them, may order that the offending party, attorney or entity pay reasonable attorney’s fees and costs to the court and to other participants. (Effective January 1, 2008.) RULE 4.09 REPEALED (Repealed July 1, 2025.) RULE 4.10 LARGE-SIZED EXHIBITS USED AT TRIAL If counsel or a self-represented party utilizes large-sized exhibits at trial, counsel or the self-represented party shall submit an 8 ½ x 11-inch copy of such exhibit to the clerk. At the conclusion of trial, the clerk will return the large-sized exhibit and keep the copy for the record. (Effective July 1, 2012.) RULE 4.11 DEBTOR’S EXAMINATION If the judgment debtor fails to appear at the debtor’s examination after having been properly served, a party can seek the issuance of bench warrant or other appropriate relief. (Amended July 1, 2025.) RULE 4.12 ORDERS AFTER HEARING AND PROPOSED ORDERS A. Pursuant to California Rules of Court, Rule 3.1312, the order after hearing shall recite the Court’s order verbatim, but the tentative ruling procedures shall not be included in the order after hearing. B. In addition to the requirements of California Rules of Court, Rule 3.1312, the parties to a law and motion matter shall make a good faith attempt to resolve any dispute as to the form of an order after hearing. Counsel preparing the order after hearing shall secure the approval of opposing counsel as to the form of the order after hearing within ten (10) court days of submitting the same for approval. Any unreasonable failure to approve the form of an order may subject the opposing party to sanctions in accordance with these rules. The order signed by the Court shall be served on all parties within five (5) days of receipt of the order signed by the Court. C. The court does not accept proposed orders in advance of hearings except for proposed orders relating to ex parte hearings, proposed orders set forth on mandatory Judicial Council forms, and proposed orders relating to evidentiary objections. (Effective July 1, 2014.) RULE 4.13 CIVIL HARASSMENT, ELDER ABUSE, AND WORKPLACE VIOLENCE RESTRAINING ORDERS Notice and Delivery of Applications for civil harassment, elder abuse, and workplace violence temporary restraining orders, including copies of all documents to be submitted must be noticed to the opposing party or attorney by 10:00 a.m. the day before the application is scheduled to be reviewed by the assigned judicial officer unless accompanied by a declaration setting forth good cause as to the reasons why notice has not been given. This notice requirement can be waived by the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3) immediate and irreparable harm could be suffered if notice were given. The pleadings shall be presented to the Civil Division Clerk’s Office by 4:00 p.m. the court day prior to the scheduled review of the pleadings. Opposition papers may be presented to the Civil Division Clerk’s Office by 4:00 p.m. the court day prior to the scheduled review of the pleadings. A copy of any such opposition papers shall also be served on the opposing party on the court day prior to the scheduled review of the pleadings. Judicial review of the requests for temporary orders shall be conducted Monday through Friday beginning at 8:30 a.m. by a judicial officer designated by the Presiding Judge. Generally, oral argument is not taken and the requests are handled solely upon written application without a court hearing. (Effective July 1, 2022.) RULE 4.14 SMALL CLAIMS Cases in which there is no proof of service filed with the clerk of the court after two (2) continuances due to lack of proof of service having been filed may be dismissed without prejudice. (Effective July 1, 2022.) RULE 4.15 ASSIGNMENT OF ACTIONS A. All civil cases of any type (excluding family law matters as defined in Local Rule 5.00) that are filed in, pending in or transferred to the Nevada City Branch, are assigned for all purposes to the judge whose regular assignment is in Department 6. B. Reassignment. These cases and related proceedings may be reassigned as necessary, or as appropriate to the timely and orderly conduct of the court’s business. (Effective July 1, 2022.)
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.