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Rules 3-100 to 3-128: the rules as lawful orders of the court - sanctions under Code of Civil Procedure section 177.5 and Government Code section 68608(b), and a maximum of two (2) copies conformed (3-100); direct calendaring - civil cases assigned to a judicial officer for all purposes at filing (not abandonment, adoption, mental health, minors' compromises or family law), the Notice of Case Assignment and Notice of Hearing served with the complaint, summons and ADR information, peremptory challenges under CCP Section 170.6 (3-101); general civil litigation (not limited civil cases) - the time frame of 75% within 12 months, 85% within 18 months and 100% within 24 months, the Declaration of Exemption (Form Sup. Ct.56) for uninsured motorist and eminent domain cases (the case management conference 180 days out), dismissal within ten (10) days after receipt of monies or 60 days after the arbitration hearing, applications to change a hearing date five (5) court days before, order to show cause hearings and written responses at least five (5) calendar days before, certificates of inability to respond, a request for entry of default within 10 days (C.R.C 3.110(g)), stays only for binding ADR, extensions for good cause (C.C.P. section 583.240), the first case management conference within 180 days (45 or 90 days after a transfer), the Case Management Conference Statement filed and served at least fifteen (15) calendar days before, the orders at the conference, complex litigation, arbitration and the trial setting conference about 21 days after a request for trial de novo, the mandatory settlement conference 15 to 30 days before trial, the Declaration in Lieu of Personal Appearance filed at least ten (10) days before a trial setting conference, and the non-availability of the official court reporters in civil cases (California Rules of Court, Rule 2.956; the civil departments from September 10, 2024: 10A, 10B, 10C, 10D, 11A, and 11B) - the parties' certified shorthand reporter as official pro tempore reporter, and the Notice served with the complaint and with motions (3-102); remote appearances (Civil Code of Procedure section 367.75; California Rule of Court, rule 3.672) - case management conferences, law and motion and ex parte hearings remotely, notice waived, by the Bridge Conference Line (Zoom at the judicial officer's discretion), no recording; evidentiary hearings, settlement conferences, trials and orders to show cause in person unless authorized in writing - Form RA-010 no later than 10 court days before, Form RA-015 no later than 2 court days from service of the notice, copies to the department - and the termination of a remote appearance (3-103); settlement conferences - statements filed and served at least ten (10) calendar days before (California Rules of Court, Rule 3.1380(c)), preparation, materials, the attendance of trial attorneys, parties and insurers, and the Settlement Conference Checklist (3-104); proposed orders under Rule 3.1312 (3-105); ex parte applications - notice shown by declaration (Rule 3.1204), approval and scheduling by the Law and Motion Judge before filing, the moving papers and fee no later than 24 hours before the hearing, the proof of service on file, and the bond declaration (3-106); the guardian ad litem petition filed with a minor plaintiff's complaint (3-107); eminent domain parcels (Code of Civil Procedure, section 1250.310) and final orders of condemnation (section 1268.030) (3-108); a party's death (3-109); petitions to approve the compromise of a minor's or disabled person's claim, in the civil department or, in the cases named, the probate department (3-110); the attorney fee schedules for notes and contracts, book accounts (Civil Code section 1717.5: $960 or $1200, or 25%), foreclosures and assessment liens, and unlawful detainer defaults (not to exceed $300.00) (3-111); orders shortening time (3-112); civil law and motion - hearings scheduled at filing, heard Tuesdays through Fridays at 9:00 a.m., at least three (3) dates offered to the clerk, matters of fifteen (15) minutes on the 9:00 a.m. calendar, evidence by declarations, tentative rulings posted from 1:30 p.m. on the first court day before and contested by email to civilcourtclerks@sjcourts.org no later than 4:00 PM, stipulated continuances up to five court days before, and the Lodi Branch's number (209) 992-5522 (3-113); chambers conferences and ex parte matters - informal notice, Department of Motor Vehicles stays with the driving record, bond declarations (3-114); jury fees and juror reimbursement (Code of Civil Procedure section 631) (3-116); courtesy copies of all substantive motions and trial documents, stamped and delivered to the Courtesy Copy Drop Box on the 10th or 11th floor (3-117); substitute service - one attempt outside 9:00 a.m. to 5:00 p.m. (3-120); alternative dispute resolution - the options, the ADR Information packet served with the complaint (California Rule of Court 3.221), the Stipulation and Order (Sup. Ct. Form 441), the neutral panels and the Notice of Settlement (3-121); judicial arbitration - cases up to $25,000 (limited) or $50,000 (unlimited) for each plaintiff, continuances not exceeding ninety (90) days, trial de novo and the arbitrator's fee of $150 (3-122); the Civil Mediation Program - the stipulation (no filing fee) filed at least ten (10) days before the initial case management conference or within 21 days after one, mediator selection and qualifications (Tracks A to D), party-pay fees, confidentiality (Evidence Code sections 703.5 and 1115-1128), the post-mediation evaluations and Form ADR 100 within ten (10) days (3-123); binding arbitration (3-124), neutral evaluation (3-125), trial by reference (Code of Civil Procedure §§ 638 to 645.2) (3-126) and expedited jury trials (Code of Civil Procedure §§ 630.01 to 630.12) (3-127); and sister-state money judgments with the clerk's judgment form (CCP 1710.15) (3-128).
RULE 3 CIVIL 3-100. IMPLEMENTATION (Eff. 07/01/17) The mandates set forth in these Local Rules are considered lawful orders of the court. Violation of any of these Local Rules may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5 for violation of a lawful court order. If the court finds that any party has not proceeded with due diligence or otherwise failed to
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card. Review note: Carried as printed: Rule 3-110's heading "PETITION FOR APPROVAL OF COMPRISE OF CLAIM"; Rule 3-113's heading "CIVIL LAW AND MOTION Eff. 01/01/20)"; Rule 3-115's "(Eff. 07/0/15)"; and Rule 3-121's "CCP §§1775-1175.15". Rule 3-102(J) requires service of the court's notice of the non-availability of official court reporting services in the civil departments; the notice the Court Reporter Information page (carded) links, the public notice of August 23, 2012 (held), names the civil departments of 2012.
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 > San Joaquin County > Superior Court of California, County of San Joaquin
RULE 3 CIVIL 3-100. IMPLEMENTATION (Eff. 07/01/17) The mandates set forth in these Local Rules are considered lawful orders of the court. Violation of any of these Local Rules may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5 for violation of a lawful court order. If the court finds that any party has not proceeded with due diligence or otherwise failed to comply with this rule, sanctions may be imposed pursuant to Government Code section 68608(b). Unless otherwise required by law, the Clerk’s office will conform a maximum of two (2) copies. (Eff. 07/01/17) 3-101. DIRECT CALENDARING OF CIVIL CASES (Eff. 01/01/20) THESE RULES APPLY TO ALL CIVIL CASES (LIMITED AND UNLIMITED. EXCLUDING PROBATE) UNLESS OTHERWISE NOTED. A. All cases described as personal injury, eminent domain, collection or other actions denominated as civil in nature shall be subject to assignment to a judicial officer for all purposes at the time of filing of the action. This section shall not apply to abandonment, adoption, mental health, petitions for approval of minors’ compromises and family law cases. Nothing herein shall be construed to interfere with the Presiding Judge’s authority to assign or reassign cases. This section also applies to writs. B. Cases which are subject to direct calendaring shall be assigned to a judicial officer for all purposes, who shall thereafter handle all proceedings involving the matter, including trial, except as otherwise provided or required by law. At the time of the initial filing of any case, the Clerk’s office shall, generate a Notice of Case Assignment and Notice of Hearing identifying the judicial officer who is assigned for all purposes including trial. A copy of this notice must be included with the service of the Complaint, Summons and ADR information upon all named defendants. Time limits for peremptory challenges of judges, commissioners and referees are governed by CCP Section 170.6. (Eff. 05/28/20) 3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION (Eff. 01/01/20) NOT APPLICABLE TO LIMITED CIVIL CASES A. Policy: It is the policy of the San Joaquin Superior Court: 1. To manage all cases except civil petitions, probate, mental health, domestic and paternity actions from the time of filing the first document invoking court jurisdiction through final disposition. 2. The time frame for unlimited civil cases is 75% within 12 months, 85% within 18 months and 100% within 24 months. 3. To use these rules as outside limits in the management of civil cases. Parties are encouraged to proceed at a more accelerated pace, especially in those cases involving promissory notes, simple breach of contract, money due and other cases susceptible to early disposition. In such cases, a party may file its own at-issue memorandum prior to case management conference to secure an early trial date. 4. Nothing in this section shall prevent the court from issuing an exception order based on a specific finding that the interest of justice requires a modification of the routine processes as prescribed. 5. Uninsured motorist (California Insurance Code Section 11580.2) and eminent domain cases shall be deemed exempt from this rule upon the filing by plaintiff of a Declaration of Exemption (Form Sup. Ct.56). The Case Management Conference for these matters will be scheduled 180 days out at case initiation. If the Declaration of Exemption is filed after case initiation, the CMC date will be vacated and rescheduled for 180 days out from the filing date of the declaration. (CRC 3.712.) Plaintiff is required to file a dismissal within ten (10) days after receipt of monies or 60 days after the arbitration hearing in all uninsured motorist cases. 6. All civil cases filed which are statutorily limited civil cases shall remain subject to the “Economic Litigation Rules” (CCP Section 90, et seq.) regardless of which department or commissioner handles such case. B. Procedure 1. Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) court days in advance of the hearing. 2. Order to show cause hearings for violations of these rules will be held by the assigned judge approximately 20 days from the mailing of the order to show cause. 3. Written response to orders to show cause must be filed at least five (5) calendar days before the hearing. 4. All stipulations for request to continue any proceeding shall be signed by all attorneys involved in the case. C. Responsive Pleadings 1. If a Certificate of Inability to Respond is timely filed the court will conduct a hearing to determine a date on which a response must be filed. 2. If the responsive pleading is a demurrer and the demurrer is overruled, the court shall fix the time for filing a further response. If a demurrer is sustained with leave to amend, the court shall fix the time for filing an amended pleading and may fix the time for filing a response. Pursuant to C.R.C 3.110(g), if a responsive pleading is not served within the applicable time limits, and no extension of time has been granted, the plaintiff is required, within 10 days after the time for services has elapsed, to file a request for entry of default. D. Stays of Action/Alternative Dispute Resolution Requirements 1. To stay any action pending any type of alternative dispute resolution (ADR), stipulations and proposed orders must provide that the ADR shall be binding and that a dismissal of the entire action will be filed. 2. The stay provided by 11 U.S.C. Section 362 shall not affect this section. E. Extensions by the Court 1. The court may extend any time standard set forth in these rules upon a showing of good cause on noticed motion or ex-parte appointment with the assigned judge. "Good cause" includes the existence of those conditions stated in C.C.P. section 583.240. When applying to the court to extend time for service of process based on the conditions stated in C.C.P. section 583.240, plaintiff shall suggest to the court the earliest time within which the impediment to service may reasonably be eliminated so that the court is able to continue its supervision of the case on a date certain. 2. Further, in all civil actions, "good cause" for an extension of time to serve the defendant with process is established where plaintiff's declaration affirmatively shows that defendant's insurance carrier or other authorized representative has been advised that an action has been filed and that settlement negotiations are in progress which could resolve the case without further litigation. Upon such showing, it is the policy of the court to extend the time for service of the complaint to a date certain, within which time it appears reasonable that negotiations can be concluded. F. Case Management Conference (CMC) 1. Upon filing a complaint, the plaintiff shall receive the following from the clerk: (a) Summons and complaint, (b) Notice and date of the first case management conference (the first conference will be set within 180 days of the filing date or within 180 days after an Answer is filed in collection cases governed by California Rule of Court 3.740), and If a case is transferred from another jurisdiction after a responsive pleading has been filed, the first status conference will be set within 45 days from the order of transfer. If no responsive pleading has been filed, the first case management conference will be set within 90 days from the Order of Transfer. In all other particulars, the plaintiff in a transfer case will receive the same information and items as described above. 2. At the time of serving the summons and complaint (and a cross-complaint upon a new party) the responding party shall be served with the notice of the case management conference and a blank CMCS by the plaintiff. 3. Each appearing party shall file and serve the completed Case Management Conference Statement at least fifteen (15) calendar days prior to the hearing. 4. The assigned judge shall conduct the case management conference, at which each trial attorney, or attorney familiar with the case, and each self-represented party must appear. At the CMC, the court may make all orders it deems appropriate, including but not limited to any one or more of the following: (a) A preliminary determination regarding judicial arbitration or Alternative Dispute Resolution (ADR); (b) Transfer to another court; (c) Designating the case as "complex litigation"; (d) Order an early settlement conference; (e) Order a trial setting conference; or (f) Order the setting of a "short cause" court trial. 5. If none of the parties object to the court referring the matter to arbitration (and therefore without limit) and both sides have initiated discovery, no appearances will be required at the case management conference. 6. If a case is not ordered to judicial arbitration, the court will order a trial setting conference date. 7. Any attorney may appear at the case management conference telephonically and, when this occurs, local attorneys have the same option. 8. The court will consider those factors outlined in Judicial Council Rule 2106 in evaluating a management plan for each individual case. G. Complex Litigation 1. A complex case is one which involves complex issues, difficult legal questions or unusual proof problems. 2. The court, on its own motion, may at any time declare an action a complex case, or may do so pursuant to motion by a party. 3. Once a case is designated as complex by the court, it shall be assigned to a judge for all purposes, including trial. H. Arbitration Determination 1. Cases are ordered to arbitration at the case management conference. 2. Parties shall be noticed with a trial setting conference date once a request for trial de novo has been filed. The trial setting conference will be held approximately 21 days from the request for trial de novo. I. Trial Setting Conference 1. If a case is not ordered to arbitration at the case management conference, the assigned judge will set the case for a trial setting conference. 2. Each trial attorney or attorney familiar with the case and self-represented party must attend, at which time the assigned judge will set any final deadlines for completion of discovery. A trial date shall be assigned with a mandatory settlement conference being set 15 to 30 days prior to trial. Settlement conferences will be governed by Rule 3-104. 3. All trial attorneys or attorneys familiar with the case and self-represented parties shall attend trial setting conference, unless a Declaration in Lieu of Personal Appearance has been filed. Said declaration must be filed with the Court Clerk’s Office at least ten (10) days prior to the trial setting conference. J. Non-Availability of Official Court Reporting Services in Civil Departments San Joaquin Superior Court’s Official Court Reporters are “not available” within the meaning of California Rules of Court, Rule 2.956, for court reporting of civil cases. As provided in Rule 2.956(e)(1), the term “civil cases” includes all matters other than criminal and juvenile matters. This non-availability extends to all civil cases hearings or proceedings of any kind or nature, including but not limited to law and motion hearings, ex parte applications, long-cause hearings, and trials. Effective September 10, 2024, the departments that normally hear civil cases are Departments 10A, 10B, 10C, 10D, 11A, and 11B. As provided in Rule 2.956(c), parties may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the party’s responsibility to pay the reporter’s fee for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law. If a party arranges and pays for the attendance of the certified shorthand reporter, none of the parties will be charged the reporter’s attendance fee provided for in Government Code section 68086, subdivisions (a)(1) or (b)(1). The stenographic notes of the certified shorthand reporter are the official records of the court and shall be secured by the court in either paper and/or electronic format in accordance with Government Code section 69955(a), (b), (c) and (d). In all cases, the plaintiff shall serve “Notice of “Non-Availability of Official Court Reporting Services in Civil Departments” (“Notice”) with the complaint. Likewise, the cross-complainant must serve the Notice on any new parties to the action. The service information must be included on the Proof of Service of Summons. In addition, parties that file motions must serve the Notice on all parties in the case. The service information must be included on the Proof of Services by Mail. (Rev 1/1/2022) 3-103. REMOTE APPEARANCES (Eff. 01/01/22) A. This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. Notice requirements are set forth in rule 3.672 and below. B. For Case Management Conferences, Law and Motion hearings, and Ex Parte hearings, parties may appear remotely pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. a) Parties may stipulate either orally or in writing to waive notice of other participants’ appearing remotely for Case Management Conferences, Law and Motion hearings, and Ex Parte hearings. b) This Court waives notice of parties appearing remotely for Case Management Conferences, Law and Motion hearings, and Ex Parte hearings. c) Nothing limits the discretion of the judicial officer to require parties to appear in person for Case Management Conferences, Law and Motion hearings, and Ex Parte hearings. d) A remote appearance for Case Management Conferences, Law and Motion hearings, and Ex Parte hearings will not be permitted if the tentative ruling posted for the hearing states that an in-person appearance is required, or the court advises the person requesting to appear remotely that the judicial officer has determined that an in-person appearance is necessary. C. For Case Management Conferences, Law and Motion hearings, and Ex Parte hearings, the Court has a telephone Bridge Conference Line platform that supports audio only. 1. The Bridge Conference Line call in numbers are listed on the Court’s website. 2. At the discretion of the Judicial Officer, a Zoom video platform may be provided for the parties to appear. The Court will provide the video access meeting link, or require a party to provide notice of the video access meeting link. c. Any recording, reproduction, or rebroadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited. D. For Evidentiary Hearings, Settlement Conferences, Bench or Court Trials, Jury Trials, and hearings on Orders to Show Cause, parties must appear in person, unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer. a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause. b. In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 2 court days from date of service of a party’s notice of remote appearance. c. A party must deliver a courtesy copy of any written Notice or Opposition under (a) or (b) to the department in which the proceeding is to be held. E. Even when a remote appearance is authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record is in question, counsel’s ability to provide effective representation is in question, an interpreter’s ability to provide language access is in question, or for any other reason which constitutes good cause under the circumstances. 3-104. SETTLEMENT CONFERENCE PROCEDURES (Eff. 07/01/17) Section 1: Settlement Conference Statements Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing. In addition to the items required by California Rules of Court, Rule 3.1380(c), the Settlement Conference Statement shall contain a concise summary of the case, a description of the matters agreed upon and the matters in dispute, and the factual and legal contentions as to the matters in dispute. In a personal injury action, the statements shall set forth the medical condition of the party(s), medical treatment received and by whom, a listing of the medical bills, the amount of the general damages claimed and supporting documentation, offers and counter offers of settlement and all other information which will assist the court in settling the case. Section 2: Necessary Preparation All discovery should be completed prior to the hearing. If there is a dispute which requires an accounting, the accounting should be completed. If there is a material dispute as to the value of property, appraisals must be completed. If there is a substantial dispute as to medical condition of a party, all medical examinations should be completed. Section 3: Materials to be Brought to Conference In a personal injury case, copies of medical reports, copies of medical bills, and if loss of earnings are claimed, documentation therefore is to be brought to the conference. If economists are to be used to support loss of earnings, a copy of the economists' reports and all other material necessary to substantiate general and specific damages will be required. In other cases, copies of accountings, appraisals and other documentation will be required. Section 4: Duties of Attorneys and Parties Attending Settlement Conferences (a) Each party claiming damages shall furnish to all other parties at least ten (10) days before the settlement conference, the amount of general damages claimed, an itemized list of special damages and medical billings, and in a personal injury or wrongful death case, a settlement offering. (b) The trial attorneys shall attend the conference. If this is not possible, the attorney attending the conference shall have a thorough knowledge of the case and shall be prepared to have the authority to negotiate settlement. All parties, and when a party is insured, a representative of the insurance company who has authority to settle a case, shall attend the conference. The court may excuse the attendance of a party or insurance company representative for good cause, such as excessive distance, if the person excused agrees to be immediately available by telephone at all times during the conference. (c) Each attorney shall have read, considered, and be ready to respond to the Settlement Conference Checklist, set forth in Rule 3-104, Section 5, immediately following. Section 5: Settlement Conference Checklist (a) Upon notification of a settlement conference date, recheck: 1. California Rules of Court Rule 3.1380 - Mandatory Settlement Conferences Rule 3.1385 - Duty to Notify Court of Disposition 2. San Joaquin Unified Court Local Rules, Rule 3-104. (b) Review and evaluate liability (what a jury is likely to do). 1. Consider and itemize strong liability points. 2. Consider and itemize weak liability points. 3. Consider facts which depend on conflicting testimony. 4. Consider facts which depend on testimony of witnesses weak on credibility. 5. Are there factual contentions on your side which will be difficult to prove? 6. Are there factual contentions of your opponent which will be difficult to prove? 7. Have you discussed your factual contentions with opposing counsel and considered his/hers? 8. Consider law applicable to liability. a. Is there a dispute as to law re liability? b. Have you discussed your legal contentions with opposing counsel and considered his/hers? 9. Take into consideration liability factors for the type of case. 10. Rate liability on a scale of 0% liability to 100%. (c) Review and evaluate damages (what a jury is likely to do.) 1. Have current medical reports on all claims of injury and all medical reports prepared by any doctor. 2. Itemize special damages and total. Attach copies of each bill or originals. If there are liens, counsel should include all available information pertinent thereto. 3. Itemize possible future special damages and total. Attach report and other data showing basis of claim of future special damages as to dollar amount. 4. Supply opposing counsel with copies of all medical reports and your itemization of special damages to date and future special damages at least ten (10) days before settlement conference. 5. Itemization of claimed injuries and evaluation of extent of each injury: a. Temporary or permanent b. Disabling or non-disabling c. Disfiguring or not 6. Consideration of whether future medical care of time will improve physical condition. 7. Your range of estimation of verdict range assuming liability. 8. Your reduction of verdict range for: a. Comparative negligence b. Problems of proof of injuries claimed c. Reduction for your liability rating 9. Consider verdict range for the injuries in this case. 10. Give opposing counsel, in writing, your settlement figure at least ten (10) days before settlement conference. 11. Have you discussed your settlement figure with opposing counsel and considered his/hers? 12. Have you discussed your settlement figure with your client within one (1) week of the settlement conference? (d) Counsel should be prepared to respond to questions by the court as to matters referred to in this Settlement Conference Check sheet. (Eff. 07/01/17) 3-105. PROPOSED FINDING, ORDER, JUDGMENT OR DECREE (Eff. 01/01/14) Unless otherwise ordered by the court, the preparation of the order of finding, order, judgment or decree shall be in accordance with Rule 3.1312 of the California Rules of Court. (Eff. 01/01/14) 3-106. EX PARTE APPLICATIONS AND ORDERS (Eff. 01/01/18) Except as provided in this rule and in Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party. Ex parte matters must be approved and scheduled by the Law and Motion Judge by his or her clerk prior to filing documents in the clerk’s office. The courtroom phone numbers are listed on the public website at www.sjcourts.org. The party shall file the moving papers and any applicable filing fee due no later than 24 hours prior to the requested hearing date and time. Proof of Service must be on file with the Superior Court Clerk’s Office prior to the scheduled hearing. Every application for an order made ex parte shall be accompanied by a written declaration under oath, made by a person with knowledge of the facts, stating the facts for determining the amount of a bond and any facts supporting any requested waiver of a bond. The declaration shall state the maximum loss, including any attorney fees, which is likely to occur from the granting of the order. (Eff. 01/01/18) 3-107. PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM (Eff. 01/01/09) In cases where a minor, or other person for whom guardian ad litem will be necessary, is the plaintiff, the Petition to Appoint Guardian Ad Litem shall be filed simultaneously with the complaint and the summons to be issued. The summons shall not be issued until the Order Appointing Guardian Ad Litem has been signed. (Eff. 01/01/09) 3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS (Eff. 01/01/14) A. Proceeding involving more than one parcel of property. 1. Pleadings- In proceedings involving more than one parcel of property, the complaint shall set forth in addition to the matters required by Code of Civil Procedure, section 1250.310, numbers or symbols identifying each parcel of property. An answer, demurrer, disclaimer, written appearance, or other pleading shall set forth, in the space below the number of the case and in parentheses, the parcel numbers or symbols that identify the property claimed by that defendant. 2. Waiver of Requirements - The court may, for good cause shown, order any paper to be filed without a parcel number or symbol. B. Application for final order of condemnation. An application for final order of condemnation shall be made upon notice to all parties appearing in the action who have not been previously dismissed therefrom, or upon the stipulation of such parties, and it shall include, in addition to the requirements of Code of Civil Procedure section 1268.030, a copy of the final judgment and an acknowledgment of receipt by the affected defendant(s) of the amount specified in the final judgment, or other evidence satisfactory to the court that the judgment has been satisfied. (Eff. 01/01/14) 3-109. DEATH OF A PARTY (Eff. 07/01/98) When a party to an action dies, the attorney for that party shall forthwith serve and file a notice of death and pendency of probate proceeding, if any. (Eff. 07/01/98) 3-110. PETITION FOR APPROVAL OF COMPRISE OF CLAIM OR ACTION FOR MINOR OR PERSON WITH DISABILITY (Eff. 07/01/2024) A. Except as in subsections (b) and (c), a Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability may be filed and heard in the civil department in which the case is pending. The Petition may be filed under the same civil case number. B. If there is no pending civil case, the Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability must be filed and heard in the probate department, with the procedures set forth in these rules in Part Eight of the Probate Rules, commencing with 4-801, applying. C. If a Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability proposes to have the settlement funds distributable to the minor or person with a disability administered under a guardianship, conservatorship, discretionary trust or special needs trust, the Petition must be filed and heard in the probate department with the procedures set forth in these rules in Part Eight of the Probate Rules, commencing with 4-801, applying. 3-111. ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES (Eff. 07/01/20) The following attorney fees shall, under normal circumstances, be awarded in actions on promissory notes, contracts providing for the payment of attorney's fees, and foreclosures: A. Default Action on Note or Contract- Exclusive of costs: 25% of first $1,000 with minimum fee of $150 20% of next $4,000 15% of next $5,000 10% of next $10,000 5% of next $30,000 2% of the amount over $50,000 In an action upon contract providing for an attorney fee, the Clerk shall include in the judgment an attorney fee in accordance with this schedule. B. Contract Based Upon a Book Account Reasonable attorney fees awarded pursuant to Civil Code section 1717.5 to the prevailing party bringing the action on the book account shall not exceed the lesser of: 1) NINE HUNDRED SIXTY DOLLARS ($960) for book accounts based upon an obligation owing by a natural personal for goods, moneys, or services which were primarily for personal, family or household purposes; and ONE THOUSAND TWO HUNDRED DOLLARS ($1200) for all other book accounts to which Civil Code section 1717.5 applies, or 2) 25% of the principal obligation owing under the contract. Whenever the obligation sued upon provides for the recovery of reasonable attorney fees, the fees may be set according to the schedules above in default judgment cases and may be looked to as a guide to reasonable attorney fees in contested matters. In any case where the attorney feels he or she is entitled to fees in excess of the schedule, he or she may apply to the court and the fees shall be fixed in accordance with the proof. C. Contested Action on Note or Contract The same amount as computed under subdivision A., increased by such reasonable compensation computed on an hourly or per-day basis for any additional research, general preparation, trial, or other services as may be allowed by the court. D. Foreclosure of Mortgage or Trust Deed The same amount is computed under subdivision A. or B. increased by 10 percent. E. Foreclosure of Assessment or Bond Lien Relating to a Public Improvement The same amount as computed under subdivision A. or B. except that the minimum fee shall be $75.00 in an action involving one assessment or bond, and an additional $40.00 for each additional assessment or bond being foreclosed in the same action. F. Attorney fees in Unlawful Detainer cases In any unlawful detainer action involving residential premises, except for property governed by Civil Code section 798 through 798.88 (regarding Mobile Home Residency Law), where judgment is obtained following entry of default and no hearing has been calendared, the clerk may enter attorney’s fees not to exceed three hundred dollars ($300.00). (Eff. 07/01/20) 3-112. ORDERS SHORTENING TIME (Eff. 01/01/02) The court will not shorten time for service of orders to show cause and notices of motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte hearing or by stipulation. (Eff. 01/01/02) 3-113. CIVIL LAW AND MOTION Eff. 01/01/20) A. Except where there is an order setting the date, the moving party may schedule the Law and Motion hearing in the Superior Court Clerk’s office when the moving papers are filed (subject to mandatory time provisions of statutes and Rules of Court). Motions are heard Tuesdays through Fridays at 9:00 a.m. When submitting the moving papers for filing, please have at least three (3) dates (within the proper time provisions) for the clerk to check for availability. Proof of service must be on file with the Superior Court Clerk’s office prior to the scheduled hearing. (STOCKTON COURTHOUSE ONLY) B. Matters not requiring more than fifteen (15) minutes may be set for the 9:00 a.m. calendar on Tuesdays through Fridays. Special settings may be made by the courtroom clerk with prior approval. C. Other than in contempt matters or where allowed by statute, evidence shall be presented by matters of which the court may or must take judicial notice, affidavits, and declarations, unless prior arrangements are made with the court for the taking of oral testimony. (STOCKTON COURTHOUSE ONLY) D. Judges assigned to civil law and motion matters will prepare a tentative ruling for each matter on calendar and a ruling will be available to counsel and litigants on the first court day before the scheduled hearing. If the tentative ruling is satisfactory to counsel, he or she need not appear and the tentative ruling will become final. If counsel or self-represented litigants (SRL) wish to appear, he or she may do so only after appropriately notifying the court and other counsel or SRL of that intent. The tentative ruling shall become the ruling of the court unless there is opposition by counsel or SRL. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org that they intend to appear remotely or in person no later than 4:00 PM on the first court day before the scheduled hearing. The Department, Case number, Case Name, and party’s name must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel or unrepresented parties that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. The tentative rulings will be posted to the court’s website: www.sjcourts.org. Counsel or self-represented litigants may access the court’s website beginning at 1:30 p.m. on the first court day immediately preceding the date for which a matter is calendared. Matters may be continued by filing a stipulation up to five court days before the hearing date. To prevent the judges from unnecessarily preparing matters to be continued, court approval will be required before a continuance will be allowed when the request for continuance is made within five court days of the scheduled hearing. (LODI BRANCH ONLY) E. The same will apply as listed in Rule 3-113 (D) for the Stockton Courthouse with the exception that the Lodi Branch Civil phone number for calling in by 4:00 p.m. on the day preceding the scheduled hearing of his or her intent to appear to argue is (209) 992-5522. (Subd. (E) amended January 1, 2018); previously amended (deleted) effective July 1, 2015. (Eff. 01/01/20) (Subd (F) amended (deleted) effective July 1, 2015. 3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS (Eff. 01/01/18) A. Chambers conferences and hearings regarding ex-parte matters should be scheduled only with the approval of the Law and Motion Judge or his or her clerk. The courtroom phone numbers are listed on the public website at www.sjcourts.org. (See Rule No. 3-106.) B. When ex-parte relief, other than that involving attachments, is sought, opposing counsel (or if unknown, opposing parties) should be given reasonable notice, orally or in writing, of the time and place that such application will be made, unless there is good cause for proceeding without notice, so that an informal hearing or conference may take place. Applicant's counsel should be prepared to explain to the court the efforts which have been made to give this informal notice, or the reasons supporting a claim that notice should not be required. C. Orders staying a Department of Motor Vehicles suspension or revocation will not be considered unless the petitioner’s driving record is made available to the court. D. Declarations should be submitted setting forth facts bearing on the amount of probable damage, upon which the court may determine the amount of probable damage, and in turn, the amount of bond, in any case where a bond may be considered or required. (Eff. 01/01/18) 3-115. Title [Repealed] (Eff. 07/0/15) (Rule 3-115 repealed 07/01/15); previously amended effective January 1, 2014. 3-116. JURY FEES AND EXPENSES (Eff. 01/01/14) A. Jury fee deposits are non-transferable. See Code of Civil Procedure section 631 for the rules governing jury fee deposits. B. Reimbursement for voir dire jurors - The party who has demanded a jury in a civil case shall reimburse the county for the fees and mileage incurred for jurors. No fees or mileage reimbursement will be required for jurors on the first day of jury service, except for those who are sworn to hear the trial. Reimbursement will be made for all jurors serving more than one day. (Eff. 01/01/14) 3-117. “COURTESY COPIES” OF BRIEFS AND PAPERS (Eff. 01/01/21) All briefs and papers filed in support of any motion or application, whether made on notice or ex parte, must be filed with the Clerk of the Court. Courtesy copies are required for all substantive motions, all trial documents, and additionally on a case-by-case basis per the assigned judge’s request. Such courtesy copies shall be stamped with “Courtesy Copy” and shall be delivered directly to the Courtesy Copy Drop Box on the 10th floor or 11th floor. If the box is unavailable, please follow the instructions on the notice posted on the box. (Rev. 1/1/2022) 3-118. “RESERVED FOR FUTURE USE” (Eff. 07/01/05) 3-119. “RESERVED FOR FUTURE USE” (Eff. 07/01/05) 3-120. SUBSTITUTE SERVICE (Eff. 07/01/05) If service is at a party's residence, one attempt of serve must be at a time other than usual business hours, i.e., other than between 9:00 a.m. and 5:00 p.m. The substituted service could then be executed on a new calendar day following the second attempted personal service (Eff. 07/01/05). 3-121. ALTERNATIVE DISPUTE RESOLUTION (Eff. 07/01/17) San Joaquin Superior Court strongly supports the use of Alternative Dispute Resolution in civil cases. Many cases can be resolved to the satisfaction of all parties without the necessity of engaging in litigation, which can be costly, time consuming, and stressful. The court encourages litigants to utilize some form of ADR as an alternative to litigation in addition to the mandatory settlement conference set in each case. A. ADR Options Litigants may choose one or more methods of ADR, including but not limited to the following: Mediation a. Court Mediation Program or Private (CCP §§1775-1175.15; CRC 3.890-3.898) b. Non-binding Judicial Arbitration (CCP §§1141.10-1141.31; CRC 3.810-3.830) c. Binding Arbitration (CCP §§1280-1294.2; CRC 3.1330) d. Neutral Evaluation e. Trial by Reference (CCP §§638-645.2) f. Expedited Jury Trial (CCP §§630.01-630.12); concerning EJT’s, please see Rule 3-127, below, for additional information. B. ADR Information Attorneys shall provide their clients with a copy of San Joaquin Superior Court ADR Information packet at the earliest available opportunity and prior to the initial Case Management Conference. Self-represented litigants and all litigants need to review and consider the available ADR choices. Plaintiffs and cross-complainants shall serve a copy of San Joaquin Superior Court ADR Information packet on each defendant or cross-defendant at the time the complaint or cross-complaint is served as required by California Rule of Court 3.221. C. ADR Participation Participation in any ADR program offered by the Court or as agreed upon by the parties is strongly encouraged. Parties may request ADR by selecting an ADR option on the Case Management Conference Statement (Judicial Council Form CM-110) and/or completing a Stipulation and Order to Participate in Alternative Dispute Resolution (Sup. Ct. Form 441). D. ADR Assessment at Case Management Conferences Parties are to assess and consider an ADR option prior to and at Case Management Conferences. Case Management Conferences will assist the parties to select the most effective and appropriate ADR method to resolve the case. At the discretion of the court, an appropriate amount of time will be permitted for ADR to be completed prior to the date set for a Further Case Management or Trial Setting Conference. E. ADR Neutral Panels The Court maintains current lists of arbitrator and mediator panels to assist parties and their counsel in selecting a neutral provider to preside over ADR proceedings. Eligibility criteria for appointment to the court’s arbitration or mediation panels are set forth in CRC 10.781, CRC 3.810, et seq., and such other criteria as may be established by the court. The Court’s panel of available neutrals can be assessed through the court’s website at www.sjcourts.org under civil mediation. F. Notice of Settlement If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court. (Eff. 07/01/17) 3-122. JUDICIAL ARBITRATION (Local Rule 3-121, revised) (Eff. 01/01/14) A. Judicial Arbitration Any civil case shall be submitted to judicial arbitration pursuant to this rule upon order of the court, stipulation of counsel or plaintiff’s election, where, in the opinion of the court, the amount in controversy does not exceed twenty-five thousand dollars ($25,000) for each plaintiff in limited civil case or fifty thousand dollars ($50,000) for each plaintiff in an unlimited civil case. The parties may stipulate or plaintiff may elect judicial arbitration where the amount in controversy exceeds fifty thousand dollars ($50,000) for each plaintiff in an unlimited civil case. The Judicial Arbitration program is administered by the court under the provisions of Code of Civil Procedure §§1140.10 through 1141.31 and California Rules of Court 3.810-3.830. The provisions of this rule shall not apply to cases exempt from arbitration pursuant to CRC 3.811(b) and based upon the discretion of the court. A case may be ordered to arbitration at a Case Management Conference from information submitted on the Case Management Conference questionnaire. Long cause cases not ordered to judicial arbitration at Case Management Conferences shall be set for trial. If a referral to the Case Management Conference is desired prior to the first management conference, the party may so request in the Case Management Conference Statement and the case may be ordered to judicial arbitration from the information submitted thereon. B. Continuance of Matters Ordered to Arbitration (Local Rule 3-122, revised) The continuance of arbitration hearings once scheduled is disfavored. Keeping within the provisions of CRC 3.818(c), the parties may stipulate with the consent of the arbitrator or the arbitrator may grant a continuance based on good cause and not to exceed ninety (90) days from the date of assignment to the arbitrator. A further continuance, however, cannot be granted except by motion to the court, with good cause shown. C. Setting Trial After Request for Trial de Novo (Local Rule 3-123, revised) When a request for a trial de novo has been timely filed, the court will promptly schedule a Case Management Conference to set the case for trial. D. Payment of Arbitrators (Local Rule 3-124, revised) The arbitrator’s award or a Notice of Settlement must be timely filed with the Arbitration Administrator before a fee may be paid. The arbitrator shall receive the sum of $150 for each case as a fee for services. If the arbitration hearing extends beyond one day, the arbitrator is entitled to $150 per day for each additional day or portion thereof. At the court’s discretion, payment of fees for all arbitrators may be suspended and arbitrators may volunteer their time and effort. (Eff. 01/01/14) 3-123. CIVIL MEDIATION PROGRAM (Local Rule 3-125, renumbered) (Eff. 07/01/17) A. Civil Mediation Program The Civil Mediation Program is a court-connected program designed to deliver high-quality affordable mediation services to attorneys and litigants in general civil cases. Mediation gives litigants a voice in settlement decisions and thereby allows them to play a more direct role in managing the outcomes of their own cases. The Superior Court of California, for the County of San Joaquin, is pleased to offer this important and valuable option for resolution of litigation. B. Eligibility All types of general civil cases are eligible to participate in the Civil Mediation Program. Please see California Rules of Court, Rule 1.6(4) for the definition of “general civil cases”. C. Stipulation to Mediation 1. Parties at any time may stipulate to participate in mediation. All parties stipulating to mediation must complete a Stipulation and Order to Participate in ADR form and file it at the Clerk’s Office. An original and a copy for the court’s use shall be submitted to the Clerk’s Office. The form can be downloaded at www.sjcourts.org under “Civil Mediation”. There is no filing fee for the filing of the Stipulation. An incomplete Stipulation will be returned to the parties by the Clerk’s Office. All Stipulations must include the following: a. Original signatures for one attorney for each party or by the self-represented litigant; b. The Name of the mediator; c. Date of the mediation session; and d. Service list (counsel need not serve the Stipulation on parties. Parties are to mutually agree on a mediator and schedule the mediation session directly with the mediator. 2. Filing the Stipulation Prior to an Initial Case Management Conference To stipulate to mediation prior to the initial Case Management Conference, parties must file a completed stipulation at least ten (10) days before the scheduled Case Management Conference. The clerk will send notice of a new Case Management Conference date approximately one hundred and twenty (120) days from the current date to allow time for the mediation process to be completed. 3. Filing the Stipulation Following a Case Management Conference When parties come to an agreement at a Case Management Conference to utilize mediation, the parties have 21 days from the date of the Case Management Conference to file a Stipulation and Order to ADR with the court. If the Stipulation and Order to ADR is not filed with the court within the time allowed, the clerk will send out an Order to Show Cause to have the parties appear in court and explain why the Stipulation and Order to ADR has not been filed. D. Selection of Mediator Parties are to choose a mediator who is mutually agreeable based on the mediator’s experience, market rate, and other information listed on the Mediator Panel List. Parties are not, however, limited to choosing a mediator from the court’s panel and may select a mediator based on their own research. E. Mediator Qualifications 1. Court panel mediators appointed to the Court Panel must meet specific requirements related to basic training and experience. The following are the requirements needed to qualify to become a Court Panel mediator: a. Track A: An attorney in good standing with the California Bar Association AND have completed Pepperdine University School of Law’s Straus Institute for Dispute Resolution 42-hour training program organized through San Joaquin Superior Court. b. Track B: An attorney in good standing with the California Bar Association AND have completed at least five (5) days (40 hours) of continuous, participatory education or training, including role playing in mediation AND have participated as a mediator or co-mediator in at least five (5) mediations. c. Track C: An attorney in good standing with the California Bar Association AND have completed at least two (2) days (16 hours) of continuous participatory education or training, including role playing in mediation AND have participated as a mediator or co-mediator in at least fifteen (15) mediations. d. Track D: Provide other satisfactory evidence of mediation skills and experience. 2. All mediators must: a. Comply with California Rules of Court §§3.850-3.860 and 10.780-10.782; b. Agree to conform to the Court’s Ethical Standards of Professional Conduct (California Code of Judicial Ethics); and c. Comply with the court’s rules and procedures for the Civil Mediation Program. F. Mediation Fees The Civil Mediation Program is a party-pay fee for service system. Parties pay the market rate set by their selected mediator. Mediators serving on the court’s panel have their rates published on the Panel List. G. Confidentiality Except as provided below, court-connected mediation shall be confidential and subject to the mediation privilege set forth in Evidence Code sections 703.5 and 1115-1128. Except as provided below, no communications made in connection with mediation, including the evaluation, may be disclosed to the assigned judge or to anyone else not involved in the mediation, unless otherwise agreed to by all parties. This rule does not prohibit: 1. Disclosures as may be stipulated by all parties and the mediator; 2. a report to or inquiry by the ADR Administrator concerning a complaint against a mediator; 3. any participant or the mediator from responding to an appropriate request for information made by persons authorized by the ADR Committee to monitor or evaluate the court’s ADR program; and 4. Disclosures as are otherwise required by law. The mediator shall require the parties and all persons attending the mediation session to sign a confidentiality agreement on a form provided by the court. H. Post-Mediation Evaluations and Forms All Post-Mediation Evaluations will NOT be filed in the court’s file. The information collected will be used to assess the impact of the program on the court to track quality to provide feedback to mediators and to inform the court’s decisions regarding redesign of program procedures. This information will be aggregated for blind statistical reports to the Judicial Council, the court and the community. Additionally, information collected in the Evaluation will not be shared with the involved parties. 1. Mediators: All mediators shall complete and submit a Mediator Post-Mediation Evaluation AND Statement of Agreement or Non-agreement form (Judicial Council Form ADR 100) within ten (10) days of the mediation sessions regardless of the outcome of the case mediated. The Statement of Agreement or Non-agreement shall be filed in the court’s file. This form must be used by mediators in court-connected ADR programs. 2. Attorneys: All attorneys shall complete and submit an Attorney Post-Mediation Evaluation within ten (10) days of the mediation session regardless of the outcome of the case mediated. 3. Parties: All parties shall complete and submit a Client Post-Mediation Evaluation within ten (10) days of the mediation session regardless of the outcome of the case mediated. I. Modification to the Program The court may publicize additional procedural requirements and guidelines for the San Joaquin Superior Court Civil Mediation Program, as it deems necessary for the successful implementation of the program. Such further rules and procedural requirements will be timely published by the court on the court’s website: www.sjcourts.org and will be made available to attorneys at the Clerk’s Office upon their publication. (Eff. 07/01/17) 3-124. BINDING ARBITRATION (Eff. 01/01/14) Parties may voluntarily stipulate to binding arbitration or move to compel binding arbitration pursuant to an arbitration agreement. Binding arbitration proceedings are subject to the procedures set forth in Civil Procedure Code §§ 1280 to 1294.2 and Rule of Court 3.1330. (Eff. 01/01/14) 3-125. NEUTRAL EVALUATION (Eff. 01/01/14) Parties may voluntarily agree to bring a legal action to a neutral provider for a case assessment and evaluation. Neutral evaluators with specific expertise in the subject matter of the case provide a non-binding opinion about the strength and weaknesses of each party’s position, liability risk exposure, and a range of potential damages. The opinions of the neutral evaluator may be utilized by the parties to discuss settlement, participate in mediation, judicial arbitration, or binding arbitration, proceed to litigate the case and set the case for trial. A. Neutral Evaluator Panel The court’s Mediator panel lists experienced attorneys in specific practice areas, who have the training to serve as a neutral evaluator. Parties may agree to utilize other attorneys, mediators, or retired judges who are not on the court’s Mediator Panel to serve as a neutral evaluator. B. Payment of Neutral Evaluator The services of neutral evaluators are paid by the parties at the rate set by the neutral evaluator. Neutral providers who are on the court’s Mediator Panel have their rates published on the Panel List. (Eff. 01/01/14) 3-126. TRIAL BY REFERENCE (Eff. 01/01/14) Parties may voluntarily agree and consent to utilize a referee, who is appointed by the court, to conduct a trial on any or all of the issues in an action, including issues of law and fact, and to render a Statement of Decision. Where the parties consent to a general reference of the issues or entire action, the referee’s Statement of Decision will stand as the court’s decision. The procedure to conduct a trial by reference is set forth in Code of Civil Procedure §§ 638 to 645.2. A. Trial Referee The court’s Mediator Panel lists experienced attorneys in specific practice areas, who may be willing to serve as a trial referee. Parties may agree to utilize other attorneys, mediators, or retired judges who are not on the court’s Mediator Panel to serve as a trial referee. B. Payment of Trial Referee The services of trial referees are paid by the parties at the rate set by the trial referee. Neutral providers who are on the court’s Mediator Panel have their rates published on the Panel List. (Eff. 01/01/14) 3-127. EXPEDITED JURY TRIAL (EJT) (Eff. 07/01/17) It is the policy of the San Joaquin Superior Court to give preference to Expedited Jury Trial matters. The parties may agree and consent to an expedited jury trial to be held by the court. To do so, the parties will execute a stipulated consent order to conduct an expedited jury trial. The procedures for an expedited one-day jury trial are set forth in Code of Civil Procedure §§ 630.01 to 630.12 and Rules of Court 3.1545 to 3.1552. (Repealed 1-1-2016, unless extended.) Upon stipulation by the parties, the court will consider modifications to the stated procedure for an expedited trial. If the parties stipulate to EJT, they will not be required to complete other ADR prior to trial setting. (Eff. 07/01/17) 3-128. SISTER STATE MONEY JUDGMENTS (Eff. 01/01/20) Upon the filing of an Application for Entry of Judgment on a Sister-State Judgment pursuant to CCP 1710.15, the filing party shall also submit to the Clerk of the Court a “Clerk’s Judgment on Sister-State Judgment” form (San Joaquin Superior Court local form 87-adopted for optional use), or other Judgment consistent with CCP 1710.5. (Eff. 01/01/20)
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.