Chapter 20.00 (Rules 20.1 to 23.0, as numbered): civil case management under the Delay Reduction Act (Govt C§68600 et seq.) - the general civil cases subject to Rule 20.1 (20.1.1), classification within 12, 18, 24 and 36 months under California Rules of Court, Rule 3.714 (20.1.2), changes in classification (20.1.5), the first case management conference approximately one hundred and twenty (120) calendar days from the filing of the complaint, its notice served with the summons and complaint (20.1.7), the Case Management Statement (Judicial Council Form CM-110) filed and served no earlier than thirty (30) days but at least fifteen (15) calendar days before the first conference (20.1.8), judicial arbitration (20.1.9), settlement conferences for long cause trials and the settlement conference statement filed not later than ten (10) days before (20.1.10), civil trial conferences normally ten (10) days before trial (20.1.11), continuances of conferences and trials only on noticed motion or by ex parte application on the written stipulation of all parties, with mutually acceptable future trial dates (20.1.12), and sanctions (20.1.13); civil law and motion - hearing dates reserved before filing, and written notice of stipulation or non-stipulation to a Commissioner at least five (5) Court days before the hearing (20.2), the required conference before filing a motion or demurrer (20.2.1), dropping and continuing hearings, not within three (3) court days without the department's permission (20.2.2), tentative rulings on the court's website after 12:00 noon the court day before the hearing, oral argument requested by calling (916) 408-6481 (the Tahoe Division: (530) 584-3463) no later than 4:00 p.m., and the statement each notice of motion must include (20.2.3), orders after hearing submitted within five (5) days (20.2.5), and the matters Rule 20.2 governs (20.2.6); notice of settlements and the Notice of Settlement (Judicial Council Mandatory Form CM200) (20.3); motions in limine filed and served 10 days before trial, oppositions 5 days before (20.4); the schedule of attorney fees in default actions, 25% of the first $2,000 with a minimum of $150 (20.7); adult adoptions renumbered (20.10); a $35 charge to set up a payment plan (20.11); letters not filed in civil matters (20.12); unlawful detainer cases set for trial on Judicial Council form UD-150 (20.13); association of counsel (20.14); small claims - the clerk's service of the claim (Judicial Council form SC-100) with the copies and pre-addressed envelopes the plaintiff supplies (21.1), the Notice of Entry of Judgment (Judicial Council form SC-130) (21.2) and the return of documents (21.3); CEQA petitions (22.0); and vehicle forfeiture under Vehicle Code section 14607.6 (23.0).
California > Third Appellate District > Placer County > Superior Court of California, County of Placer
20.00 CIVIL AND SMALL CLAIMS RULE 20.1 CIVIL CASE MANAGEMENT UNDER THE DELAY REDUCTION ACT (Govt C§68600 et seq.) [Effective 7/1/01; Amended 7/1/15] RULE 20.1.1 CIVIL CASES SUBJECT TO THESE RULES A. The local rules under Rule 20.1 are adopted pursuant to the Trial Court Delay Reduction Act and apply to all “general civil cases” as defined in California Rules of Court, Rule 1.6(4), which excludes p
Reviewer note: Composed 2026-10-10 (California T4 Placer build 2026-10-10) from BenchPath custody ca/t4/ca-placer/docs/Local Rules of Court_Effective January 1 2026_FINAL_0.pdf (the court's rule book, its cover “Superior Court of California, County of Placer Local Rules of Court Price: $20.00 Revision: January 1, 2026”, as fetched 2026-10-10; 1566260 bytes, sha256 17cd12d45c63fb379e965d7c730b6e1f4d6629be9cb3cf233a810f15f977f9ac; 105 pages; this chapter PDF pages 35 to 47) with the shared verbatim composer (v2 reflow) and its strike-out: the book is a redline in place - the changes of January 1, 2026 printed in bold, the deleted words struck through - so the struck runs are taken out as chrome and each card carries the rules in force; each of the nine chapters composed from its own pages (PDF pages 9 to 81; each chapter begins at the top of a new page), from its heading (“10.00 LOCAL RULES – GENERAL” to “RULE 100.0 APPELLATE DIVISION AND APPEALS”) to its last rule's history note: each page's running header (“SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF PLACER”) and its page number removed as chrome; lines reflowed into the rules' paragraphs, each rule's label and title (“RULE 10.1 SCOPE OF RULES FOR THE SUPERIOR COURT”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) lists 43 struck runs on 12 pages - the 8 chapter pages (16, 21, 32, 33, 44, 45, 53 and 57) read by eye, crop by crop, and 4 pages of Appendix A; 12 whitespace-only fixes (build/book-fixes.json: Rule 10.10(B)'s “C through E.” rejoined, five rule headings rejoined with their wrapped lines and notes, Rule 10.27(F)'s and two other history notes or lines set as printed, Rule 20.13(B)'s “the form for” spaced where the strokes took the spaces, Rule 30.3's “Alameda County” rejoined, and Rule 40.6's motion caption and promissory note signature block set row by row) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the purchase notice, the table of contents, the quick reference guide, Chapter 90.0 (a judge's vacation day: judicial administration, no card), the list of effective rules, the index and Appendix A (the local forms) belong to no card; Appendix B's four standing orders, scanned page images, are transcribed by eye and carded separately. Review note: Carried as printed: Rule 20.1.9(D) cites "California Code of Civil Procedure §1141,28(b)"; Rule 20.10, headed "ADULT ADOPTIONS – RENUMBERED", reads "See Rule 30.1" (adult adoptions are Rule 30.7); Rule 20.13(A), struck in full by the January 1, 2026 amendment, leaves "A. . [Effective 1/1/26]"; and in Rule 20.13(B) the struck words take the first sentence's closing period with them ("(Judicial Council form UD-150) Parties exempt") and leave "each of the form for the court".
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.
20.00 CIVIL AND SMALL CLAIMS RULE 20.1 CIVIL CASE MANAGEMENT UNDER THE DELAY REDUCTION ACT (Govt C§68600 et seq.) [Effective 7/1/01; Amended 7/1/15] RULE 20.1.1 CIVIL CASES SUBJECT TO THESE RULES A. The local rules under Rule 20.1 are adopted pursuant to the Trial Court Delay Reduction Act and apply to all “general civil cases” as defined in California Rules of Court, Rule 1.6(4), which excludes probate, guardianship, conservatorship, juvenile, family law proceedings (including proceedings under divisions 6-9 of the Family Code, Uniform Parentage Act, Domestic Violence Prevention Act, and Uniform Interstate Family Support Act; freedom from parental custody and control proceedings; and adoption proceedings), small claims proceedings, unlawful detainer proceedings, and “other civil petitions” (including civil harassment, elder abuse, workplace violence; petitions for name change; election contest petitions; and petitions for relief from late claims). [Effective 7/1/07; Amended 7/1/15] RULE 20.1.2 CLASSIFICATION OF CASES Pursuant to California Rules of Court, Rule 3.714, all general civil cases shall be managed and disposed of within the following classifications and time limits from the date of filing: GENERAL CIVIL - Class 1 - 12 MONTHS GENERAL CIVIL - Class 2 - 18 MONTHS GENERAL CIVIL - Class 3 - 24 MONTHS GENERAL CIVIL – COMPLEX - 36 MONTHS A case falling under the “general civil –complex” classification is an “exceptional case” as described in California Rules of Court, Rule 3.714(c). At a case management conference, the court will evaluate and assign each case to the appropriate classification pursuant to the timelines in California Rules of Court, Rule 3.714(b). [Effective 7/1/01; Amended 7/1/15] RULE 20.1.3 SUBSECTION DELETED [Effective 7/1/15] RULE 20.1.4 SUBSECTION DELETED [Effective 7/1/15] RULE 20.1.5 CHANGE IN CLASSIFICATION A. For good cause shown, the court may enter an order changing the classification of a general civil case upon a noticed motion on the civil law and motion calendar or on the court’s own motion. [Effective 1/1/04; Amended 7/1/15] RULE 20.1.6 SUBSECTION DELETED [Effective 7/1/15] RULE 20.1.7 CIVIL CASE MANAGEMENT CONFERENCES A. Date of first case management conference. A first case management conference will be scheduled and held in all civil cases approximately one hundred and twenty (120) calendar days from the date of the filing of the complaint, except for collection cases under California Rules of Court, Rule 3.740. The date of the conference shall be set by the clerk at the time the complaint is filed. [Effective 1/1/13; Amended 7/1/15] Plaintiff shall serve the clerk’s notice of the first case management conference together with the summons and complaint. Cross-complainant shall serve the clerk’s notice of the first case management conference with the cross-complaint on any party added to the action by the cross-complaint before the first case management conference. [Effective 7/1/15] B. Case at issue. The case shall be at-issue at the time of the first case management conference absent a showing of extraordinary circumstances. [Effective 1/1/07] C. Participation in case management conferences; notice of intent to appear. Appearance at the first case management conference is not required. Appearances at subsequent case management conferences will be required only if deemed necessary by the Court. If an appearance is not required by the court but an attorney or unrepresented party wishes to appear at the case management conference, the attorney or unrepresented party must provide written notice of the intent to appear. The notice shall be delivered to the clerk’s office and provided to all other parties no later than 3:00 p.m. on the Thursday prior to the case management conference. Notices may be faxed to the attention of the case management clerk at (916) 408-6275. [Effective 1/1/13; Amended 7/1/15] D. Case management calendar notes. The Court will issue case management calendar notes approximately twelve (12) calendar days prior to the case management conference. The notes will state whether an appearance is required, the procedural status of the case, any future dates set by the court (including any further case management conferences, trial dates, order to show cause hearings, etc.). The calendar notes will be based on information included in the parties’ case management conference statements and in the file. The court may decline to consider untimely case management conference statements. [Effective 1/1/13] The case management conference calendar notes are accessible on the court’s website, www.placer.courts.ca.gov. If internet access is not available, counsel and parties may call (916) 408-6119 to access the notes. All counsel and parties are responsible for reviewing the case management calendar notes for each case management conference before the hearing. [Effective 1/1/13] If a party or attorney has a conflict with future hearing dates set in the Case Management Conference calendar notes, or opposes the future dates set in the Case Management Conference calendar notes, the party or attorney must appear at the Case Management Conference. That attorney or party must provide at least 7 days’ notice to all other parties in the case of their intent to appear at the Case Management Conference. [Effective 1/1/19] E. Case management order. The court will enter a case management order after the case management conference. The order will include future hearing dates set by the court and any other orders the court deems necessary, including matters listed in California Rules of Court, Rule 3.728. Unless the court otherwise directs, the clerk will mail a copy of the case management order to each attorney or unrepresented party only when (a) no hearing is held and the court sets trial and trial-related dates, or (b) the case management conference is dropped and an order to show cause hearing is set. [Effective 1/1/13; Amended 7/1/15] F. Remote appearances. Persons may appear at case management conferences remotely pursuant to Local Rule 10.24. [Effective 7/1/14; Amended 3/31/22] RULE 20.1.8 CASE MANAGEMENT CONFERENCE STATEMENT A. No earlier than thirty (30) days but at least fifteen (15) calendar days before any scheduled first case management conference, each party shall file with the Court and serve on all other parties a completed Judicial Council Form CM-110, Case Management Statement, along with proof of service. [Effective 7/1/08; Amended 1/1/18] RULE 20.1.9 ARBITRATION A. Election of plaintiff under CRC 3.812 (b). Plaintiffs are encouraged to elect to arbitrate in appropriate cases prior to the first case management conference. The election shall be indicated in the Case Management Conference Statement. [Effective 1/1/07] B. Stipulation to arbitrate. Parties may stipulate to judicial 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. Each party shall pay their pro-rata share of the expenses and fees of the neutral arbitrator. [Effective 7/1/08] C. Referral to Arbitration. When a case is referred to judicial arbitration, the Court will set a deadline for the completion of arbitration. This deadline shall not be modified unless the trial date is also modified by the Court. Failure to arbitrate by the date given by the Court may result in the arbitration referral being vacated. The deadlines for filing of the arbitration award and a request for trial de novo shall be governed by the appropriate statute. Failure to timely file a request for trial de novo shall result in entry of judgment based on the arbitration award and vacation of the mandatory settlement conference and trial dates. [Effective 7/1/08] D. If the parties agree to judicial arbitration, they will be responsible for payment of the arbitrator’s fees pursuant to California Code of Civil Procedure §1141,28(b). [Effective 1/1/04] RULE 20.1.10 SETTLEMENT CONFERENCES A. Long cause civil trials will be set for a judicially supervised settlement conference before a regularly assigned judge or a designated temporary judge. B. Not later than ten (10) days prior to the scheduled conference, all parties shall serve and file a settlement conference statement with the clerk. The Court may impose monetary sanctions payable to the Superior Court of the State of California, in and for the County of Placer, for failure of any party to timely file a settlement conference statement in accordance with this rule. [Effective 7/01/08; Amended 7/1/15] C. 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. 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 whom the attorney represents. 2. Lead counsel and the represented party for all other parties in the case. 3. A 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 facts, including detail of the claimed damages and defenses. 6. Contested issues of law. 7. A statement disclosing the highest offer and lowest demand, and the date of the last settlement discussions. 8. The limits of any available insurance coverage. 9. A statement as to whether or not the case has been through arbitration (attach a copy of any arbitrator’s award). 10. A statement as to any special problems relating to settlement. D. All parties and all attorneys who will appear at trial shall attend the settlement conference, together with claims representatives, corporate officers or other designated persons with authority to negotiate in good faith to reach settlements. [Effective 3/31/22] E. If a settlement is reached prior to the settlement conference date, the master calendar clerk must be notified immediately. Notifying the clerk of the settlement does not vacate the trial dates but the court may set an OSC regarding dismissal of the case. A dismissal, stipulated judgment, or Notice of Settlement (Judicial Council Mandatory Form CM-200) shall promptly be filed with the clerk. [Effective 7/1/08; Amended 7/1/15] RULE 20.1.11 CIVIL TRIAL CONFERENCES A. The court may set a civil trial conference at the time trial is set. A civil trial conference normally will be scheduled ten (10) days before the scheduled trial date. Trial counsel are required to appear at the civil trial conference. At the conference, the court will determine the trial readiness of the case and the estimated time for trial. The court may assign the case to a specific department for trial, return the case to Master Calendar for assignment depending upon courtroom availability, or make other orders necessary for the efficient management of the case. In the event the case is returned to Master Calendar for assignment, the case shall trail from day to day during the initial week and the following week. If no departments become available within the two week period, the case will be rescheduled for trial unless all parties agree to continue trailing for a third week or the court upon finding of good cause determines that the case shall continue trailing into the third week. [Amended 4/29/22] All trial briefs, witness lists, and neutral statement of the case shall be filed with the clerk at or before the civil trial conference. [Effective 1/1/11; Amended and Renumbered 7/1/15] The court may conduct a settlement conference at the time of the civil trial conference if no settlement conference or other dispute resolution has occurred. In such instances, the presence of trial counsel, the parties, claims representatives, or other persons authorized to settle case is required. When a settlement conference or other dispute resolution has taken place before the civil trial conference, the parties and/or authorized representatives need only be available remotely and do not need to be personally present. [Effective 7/1/08; Amended and Renumbered 7/1/15; Amended 3/31/22] B. Exhibits shall be presented to the courtroom clerk on the first day of trial. [Effective 1/1/06; Renumbered 7/1/15] RULE 20.1.12 CONTINUANCES OF CIVIL TRIAL CONFERENCES, SETTLEMENT CONFERENCES, AND TRIALS No mandatory settlement conference, civil trial conference, or trial may be continued except upon noticed motion set before the presiding judge or another judicial officer as designated by the presiding judge. The parties may also present an ex parte application, subject to the requirements of Local Rule 10.8, requesting a continuance based upon the written stipulation of all parties. Stipulations to continue the trial date must include mutually acceptable future trial dates agreed upon by all parties. No continuance will be granted absent an affirmative showing of good cause. 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 reasonably been avoided. [Amended and Renumbered 7/1/15] RULE 20.1.13 SANCTIONS Sanctions may be imposed upon any party and/or counsel for their failure to appear, failure to file a statement or document required under these rules, or failure to participate in a conference in good faith. The court may also impose sanctions when a case is not ready to proceed to trial or is not compliant with the standards set forth in Rule 20.1. Sanctions may include monetary sanctions, dismissal of the case, or other appropriate sanction. [Effective 7/1/01; Amended and Renumbered 7/1/15] RULE 20.2 CIVIL LAW AND MOTION PROCEDURES [Effective 7/1/15] A. The Placer County Civil Law and Motion calendar is a limited calendar. Parties/counsel shall reserve a hearing date prior to the submission of paperwork for filing. [Effective 7/1/08] B. When the regularly scheduled law and motion calendar is heard by a Commissioner, the parties must file written notice indicating whether or not they stipulate to the Commissioner. Failure to file such notice of stipulation or non-stipulation at least five (5) Court days prior to the hearing date for the motion will be deemed a stipulation to the Commissioner as temporary judge per CCP §259(d) for all purposes other than trial. [Effective 1/1/11] C. The requirements of this rule are in addition and subject to the requirements under all applicable statutory provisions and the California Rules of Court. This rule applies to law and motion practice for most general civil cases, including petitions for extraordinary relief and administrative mandate; unlawful detainer proceedings; election contest petitions; and petitions for relief from late claims. The rule does not apply to guardianship, conservatorship, juvenile, family law proceedings, small claims proceedings, habeas corpus proceedings, or petitions to prevent civil harassment; elder abuse; workplace violence; or petitions for name change. [Amended and Renumbered 7/1/15] RULE 20.2.1 REQUIRED CONFERENCE BEFORE FILING Prior to filing any motion or demurrer, the moving party must make a reasonable and good faith attempt to resolve the matter, and if resolution is not possible, must attempt to coordinate hearing dates with any opposing parties. A declaration setting forth facts supporting such attempt must be filed with the motion. Orders for examination are exempt from the requirements of this section. [Effective 7/1/01] RULE 20.2.2 DROPPING AND CONTINUANCE OF LAW AND MOTION HEARINGS A. When a matter is to be dropped or continued, counsel for the moving party in the matter shall promptly notify the civil law and motion calendar clerk. Law and Motion matters will only be continued if all parties consent to the continuance. [Effective 1/1/06] B. No matter may be dropped or continued within three (3) court days of the scheduled hearing date without advance permission of the assigned department. [Effective 7/1/01] RULE 20.2.3 TENTATIVE RULINGS FOR CIVIL LAW AND MOTION A. Tentative rulings are issued pursuant to this rule only for regularly scheduled civil law and motion calendars. The court will issue a tentative ruling for all matters heard on regular civil law and motion calendars on the court day prior to the hearing. The tentative ruling will be available after 12:00 noon on the court’s website, www.placer.courts.ca.gov. [Amended 1/13/25] The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. B. Requests for oral argument shall be made by calling (916) 408-6481 (for all departments except the Tahoe Division) or (530) 584-3463 (Tahoe Division only) no later than 4:00 p.m. on the court day prior to the hearing. The requesting party or attorney must leave a voice message stating the name and number of the case, the name of the party requesting oral argument, and that all other parties have been notified of the request. C. For all matters heard on regularly scheduled civil law and motion calendars, the notice of motion must include one of the following statements: 1. For motions heard in all departments except the Tahoe Division: “Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the court day before the hearing. The tentative ruling will be available after 12:00 noon on the court’s website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later than 4:00 p.m. on the court day prior to the hearing.” [Amended 1/13/25] 2. For motions heard in the Tahoe Division: “Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the court day before the hearing. The tentative ruling will be available after 12:00 noon on the court’s website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. Requests for oral argument must be made by calling (530) 584-3463 no later than 4:00 p.m. on the court day prior to the hearing.” [Amended 1/13/25] RULE 20.2.4 SUBSECTION DELETED [Effective 7/1/15] RULE 20.2.5 ORDERS AFTER HEARING; COMPLIANCE WITH ORDERS A. In addition to the requirements of California Rules of Court, Rule 3.1312, the parties must make a good faith attempt to resolve any dispute as to the form of an order after hearing. The prevailing party shall submit the proposed order after hearing to opposing counsel for approval within five (5) days after the court’s ruling. The signed order after hearing shall be served on all parties within five (5) days after receipt of the order. [Effective 7/1/07; Amended 7/1/15; Amended 1/1/21] B. Unless otherwise directed, compliance with the order after hearing shall be within ten (10) days of service of the signed order. [Effective 7/1/01; Amended 7/1/15] RULE 20.2.6 APPLICABILITY OF RULE 20.2 A. The requirements of Rule 20.2 are in addition to all applicable provisions of the Code of Civil Procedure, the California Rules of Court, and any other state statute or rule, and shall apply to the following matters, subject to the exceptions listed in subsection (B): 1. Unless the context dictates otherwise, all motions, applications, petitions, or demurrers in all civil actions; 2. In probate matters, to all demurrers, motions involving discovery, motions concerning the sufficiency of the pleading, and motions for summary judgment; 3. Any pre-trial motion or demurrer concerning any petition for extraordinary relief or any petition for administrative mandate; 4. Any hearing on any petition for extraordinary relief or any petition for administrative mandate which will be submitted to the Court for determination without a contested evidentiary hearing. B. The requirements of this Rule 20.2 shall not apply to the following matters: 1. Domestic relations matters; 2. Probate matters other than those listed in subsection A(2) above; 3. Notwithstanding subsections A(1), (3), and (4) above, civil matters collateral to criminal actions such as a petition for extraordinary relief or writ of habeas corpus. [Effective 7/1/01] RULE 20.3 SETTLEMENTS A. It is the duty of counsel to notify the court whenever a case has settled. If a settlement is reached prior to the settlement conference date, the master calendar clerk must be notified immediately. Notifying the clerk of the settlement does not vacate the trial dates or other hearing dates but the court may set an OSC regarding dismissal of the case. A dismissal, stipulated judgment, or Notice of Settlement (Judicial Council Mandatory Form CM200) shall promptly be filed with the clerk. [Effective 7/1/01; Amended 7/1/15] RULE 20.4 MOTIONS IN LIMINE [Effective 7/1/15; Amended and Renumbered 7/1/15] A. Application. This rule shall apply to civil cases. [Effective 7/1/11; Amended and renumbered 7/1/15] B. Compliance with California Rules of Court. All motions in limine shall comply with the requirements of California Rules of Court, Rule 2.100 to 2.119, and 3.1110 to 3.1116. [Effective 7/1/11] C. Filing and service. Motions in limine must be filed and served 10 days before trial. Opposition to motions in limine must be filed and served 5 days before trial. D. Numbering of motions. Motions shall be numbered sequentially. In the event that more than five motions are filed by a party, an index to the motions shall also be filed. E. Matters which should be addressed by oral motion. The court will entertain oral motions regarding the following routine matters: 1. Motion to exclude witnesses from the courtroom (excepting those for whom an exception exists such as parties and corporate representatives); 2. Motion to exclude oral or written references to settlement negotiations and mediation; 3. Motions to exclude evidence of, or reference to, insurance. F. Motions to preclude introduction of evidence or matter. Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter shall be accompanied by a declaration that includes the following: 1. A clear identification of the specific matter alleged to be inadmissible or unduly prejudicial; 2. A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; 3. A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted; 4. If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered. 5. If the motion concerns deposition testimony, the motion shall be supported or opposed by attached excerpts of relevant deposition testimony, in conformance with California Rule of Court, Rule 3.1116. [Effective 1/1/14] G. Improper purposes. A motion in limine shall not be used for improper purposes, including for the purpose of seeking summary judgment and/or summary adjudication of an issue or issues, which motions may only be made in compliance with Code of Civil Procedure section 437c and court rules pertaining thereto. H. Order of trial issues. A motion in limine shall not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 598. I. Duty of counsel to meet and confer. Counsel shall meet and confer prior to the first day of trial regarding motions in limine. Counsel shall be prepared to advise the court whether stipulations or agreements have been reached concerning any motions in limine. J. Duty of counsel to advise. If a motion relating to the preclusion of evidence or other matters is granted, it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their control, that no mention or display be made in presence of the jury of the matter that is the subject of the motion. The court may defer ruling upon a motion in limine, and may order that no mention or display of the matter that is the subject of the motion is to be made in the presence of the jury unless and until the court orders otherwise. RULE 20.5 AMENDED AND RENUMBERED 7/1/15, see Local Rule 20.1.12 RULE 20.6 AMENDED AND RENUMBERED 7/1/15, see Local Rule 20.1.11 RULE 20.6.1 AMENDED AND RENUMBERED 7/1/15, see Local Rule 20.4 RULE 20.7 SCHEDULE OF ATTORNEY FEES IN DEFAULT ACTIONS A. Whenever obligations sued upon provide for the recovery of reasonable attorney fees, the fees in default cases shall be fixed pursuant to the following schedule: a. 25% of the first $2,000, with a minimum of $150. b. 20% of the next $4,000 c. 15% of the next $4,000 d. 10% of the next $10,000 e. 5% of the next $30,000 f. 2% of the next $50,000 g. in excess of $100,000 as authorized by the Court B. In any case wherein the attorney claims that he or she is entitled to a fee in excess of the schedule set forth, or in any case where relief is awarded other than monetary relief, the attorney may apply to the Court therefore and present proof to support his or her claim. The Court will then set the fee in accordance with the proof offered. C. When a plaintiff is entitled to attorney’s fees in a residential Unlawful Detainer default judgment, the Court will award the sum of $600 as an attorney fee. If a defendant has filed an answer which requires the matter to be set for trial and it is uncontested, the Court will award the sum of $900 as an attorney fee. If the matter is contested at trial, the Court will award $1,000 as an attorney fee. The Court may adjust these amounts upon a showing of sufficient justification. Attorney’s fees in a commercial Unlawful Detainer shall be determined by the Court upon evidence presented at the hearing or by declaration if no hearing is held. [Effective 7/1/15; Amended 7/1/21] RULE 20.8 SUBSECTION DELETED [Effective 3/31/22] RULE 20.9 SUBSECTION DELETED [Effective 7/1/15] RULE 20.10 ADULT ADOPTIONS – RENUMBERED See Rule 30.1 [Effective 1/1/23] RULE 20.11 INSTALLMENT PAYMENTS There will be an administrative charge of $35 to set up a payment plan requested by the party responsible for payment of any Court fees. [Effective 1/1/07] RULE 20.12 FILING OF LETTERS IN CIVIL CASES Unless otherwise permitted by statute, order, California Rule of Court, or Local Rule, letters will not be filed, accepted or considered by the court in civil matters. Parties must file an appropriate application or motion, with any required supporting papers, to request the court’s consideration of an issue. [Amended and Renumbered 7/1/15] RULE 20.13 UNLAWFUL DETAINER CASES A. . [Effective 1/1/26] B. Parties to an unlawful detainer action shall request the matter be set for trial after the case is at issue by filing Request/Counter-request to Set Case for Trial-Unlawful Detainer (Judicial Council form UD-150) Parties exempt from electronic filing shall submit a copy of each of the form for the court, and include one copy for any party to the action that has not requested electronic service. . [Amended and Renumbered 7/1/15; Amended 7/1/21 and 1/1/26] RULE 20.14 ASSOCIATION OF COUNSEL A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney. The notice must also be filed and served on all parties with a proof of service attached to the notice. [Amended and Renumbered 7/1/15] RULE 21.0 SUBSECTION DELETED [Effective 7/1/15] RULE 21.1 CLERK’S SERVICE OF PLAINTIFF’S CLAIM A. In each small claims case where the clerk serves Plaintiff’s Claim and Order to Go to Small Claims Court (Judicial Council form SC-100) pursuant to Code of Civil Procedure section 116.340(a)(2), a plaintiff exempt from electronic filing shall file the original claim and order, one complete copy of the claim and order for any defendant that has not requested electronic service, and up to two additional complete copies of the claim and order for conforming by the clerk. Plaintiff shall submit a pre-addressed envelope for any party that has not requested electronic service, for court’s use in serving the claim and order. [Effective 1/1/07; Amended 7/1/15; Amended 7/1/21] RULE 21.2 NOTICE OF ENTRY OF JUDGMENT A. In each small claims case, plaintiff shall lodge Notice of Entry of Judgment (Judicial Council form SC-130) with the parties’ names and addresses pre-completed. Plaintiff shall lodge a copy for the court and, if exempt from electronic filing, one copy for any party to the small claims case that has not requested electronic service. Plaintiff shall submit a pre-addressed stamped envelope for any party that has not requested electronic service, for the court’s use in serving the notice of entry at the conclusion of the case. [Effective 1/1/07; Amended 7/1/15; Amended 7/1/21] RULE 21.3 RETURN OF DOCUMENTS A. In each small claims case filed by mail, plaintiff shall lodge a pre-addressed envelope of sufficient size and with sufficient postage prepaid for the clerk to return any conformed copies. If no such envelope is provided, copies will be returned as provided in Local Rule 10.9 (D). [Effective 1/1/07; Amended 7/1/15] RULE 22.0 CEQA PETITIONS A. Title of pleading - The title of any pleading seeking relief under the California Environmental Quality Act, whether by petition or complaint, shall clearly identify that the matter is a CEQA action. [e.g. “CEQA claim: Complaint for Damages”]. B. Repealed 7/1/15 C. Repealed 7/1/15 D. Status conference - Upon filing of the request for hearing, a Status Conference shall be set within fifteen (15) days to determine the status of the preparation of the administrative record, to set a briefing schedule, and to set a date for the hearing on the merits. The timelines set forth in PRC §21167.4(c) shall be followed in setting the briefing schedule and hearing on the merits, unless good cause is shown as set forth in PRC §21167.4(c). [Effective 7/1/14; Amended 7/1/15] E. Preparation of administrative record and submission of electronic copy of administrative record - The administrative record shall be prepared in accordance with the timelines set forth in PRC § 21167.6(b). Within twenty (20) calendar days after receipt of a request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record. The public agency shall include a certification of accuracy with the administrative record that is lodged with the Court. [Effective 7/1/15] Petitioner’s election to prepare the administrative record pursuant to PRC §21167.6(b)(2) shall be filed and served upon all parties and the public agency within five (5) court days of service of the preliminary notification. If Petitioner so elects, Petitioner shall submit the administrative record after preparation to the public agency for a certification of accuracy. After certification, the public agency shall then lodge the administrative record with the Court. The certification of accuracy shall include a statement as to the number of volumes and pages contained in the administrative record. An electronic version of the administrative record, if available, is to be included and lodged in conjunction with the paper format of the certified administrative record. The electronic record lodged with the court must comply with California Rules of Court, Rule 3.2207. [Effective 7/1/15] F. Format of administrative record - 1. Binding and length of volumes of the administrative record The administrative record must be provided in one or more volumes of not more than three hundred (300) pages that are separately bound in 3-ring binders. The pages of the administrative record must be numbered consecutively and bound on the left margin. The cover of each volume of the records must be the same size as its pages and contain the same material as the cover of a brief, but must be labeled “Administrative Record.” 2. Index At the beginning of the first volume of the administrative record, there must be an index of each paper or record in the order presented in the record referring to each paper or record by title or description and the volume and page at which it first appears. 3. Organization The administrative record must be organized to comply with the requirements outlined in California Rules of Court, Rule 3.2205(a). 4. Lodging of Electronic Copy of Administrative Record An electronic version of the administrative record, if available, is to be included and lodged in conjunction with the paper format of the administrative record. The electronic record lodged with the court must comply with California Rules of Court, Rule 3.2207. [Effective 7/1/15] G. Disputes re contents of administrative record - If any party disputes the accuracy of the administrative record, or wants the administrative record modified by the deletion or addition of documents, such dispute or modification shall be resolved by appropriate noticed motion pursuant to CCP §1005. Any such motion shall be heard by the assigned CEQA judge. Such motion shall be heard prior to the hearing on the merits of the petition. Alternatively, the parties may stipulate to a modification of the administrative record. H. Briefs - The briefs shall contain specific references to the administrative record, by record volume and page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to “the whole file” is not a specific reference. Each party shall submit an appendix to their brief(s) which contains copies of the pages of the administrative record cited in their briefs. The pages of each appendix shall be in BATES stamp order. [Effective 7/1/15] RULE 23.0 VEHICLE FORFEITURE UNDER VEHICLE CODE SECTION 14607.6 A. The clerk shall set the hearing on the Petition for Forfeiture of Vehicle at the time of the filing of the petition. Within five (5) court days of the filing of the petition, the district attorney shall cause the petition to be served on all claimants, and all legal and registered owners of the vehicle, by personal service or certified mail, return receipt requested. Proof of service shall be filed within ten (10) court days of the filing of the petition. [Effective 1/1/14] B. The required filing fee shall be paid, or an Application for Waiver of Court Fees and Costs shall be filed, at or prior to the time of the hearing. [Effective 1/1/14]
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.