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Rule 2 (Rules 2.1 to 2.8): the rule applies to all civil Law and Motion proceedings (2.1); all documents presented for filing to comply with California Rules of Court rules 3.1110 - 3.1116 (2.2); a Proposed Order to accompany a Motion filed in a civil case, and a Proposed Order on behalf of the opposing party to accompany the Opposition Memorandum (2.3); civil Law and Motion matters heard in Department One generally on the second and fourth Wednesdays of the month at 1:30 p.m., counsel to contact the Court to schedule a longer hearing when the matter will take more than 10 minutes (2.4); requests to continue noticed for the case management conference calendar, or, when there is insufficient time, counsel to contact the Court to specifically set the request, counsel may appear in person or telephonically, a stipulation by the parties to continue the hearing/trial date not sufficient (2.5); all applications for ex parte orders, including orders shortening time, supported by an affidavit or declaration showing good cause and, where applicable, to comply with California Rules of Court rules 3.1200 – 3.1207, and no application made ex parte unless supported by affidavit or declaration that the party or counsel informed the opposing party or counsel within a reasonable time before the application when and where it would be made, attempted in good faith to inform them, or for reasons specified should not be required to inform them (2.6); liberality in allowing discovery, conducted in the most expeditious and least expensive manner, motions for protective orders and monetary and other sanctions against evasive, uncooperative, and dilatory counsel, and the Court to expect counsel to attempt to resolve any differences prior to filing any motions and prior to the hearing (2.7); and attorney fees under promissory notes and contracts providing for fees - on a default action twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages with a minimum fee of three hundred dollars ($300), then 20%, 15%, 10%, 5% and 2% of the following amounts, fees for recoveries in excess of one hundred fifty thousand dollars ($150,000) fixed by the Court in its discretion, on a contested action the same amount increased by reasonable compensation, reasonable compensation when the defendant is the prevailing party, the clerk to include fees computed under the fee schedule in an otherwise appropriate clerk's judgment, and an application supported by declarations for fees in excess of the schedule (2.8).
California > Third Appellate District > Sierra County > Superior Court of California, County of Sierra
RULE 2. LAW AND MOTION MATTERS 2.1 APPLICABILITY This Rule applies to all civil Law and Motion proceedings. (Eff. 01/01/09.) 2.2 FORM OF PLEADINGS PRESENTED FOR FILING All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court rules 3.1110 - 3.1116. (Eff. 01/01/09; amended eff. 01/01/23.) 2.3 PROPOSED ORDERS At the time a Motion is filed in a civil case, it shall be accompanied by a Proposed Order. If there is opposition to the Motion, a Proposed Order on behalf of the opposing party shall accompany the Opposition Memorandum. (Eff. 01/01/09.) 2.4 CALENDAR MATTERS Law and Motion. Civil Law and Motion matters are heard in Department One generally on the second and fourth Wednesdays of the month at 1:30 p.m. and should be calendared accordingly. If counsel believes that the matter to be heard will take more than 10 minutes, counsel should contact the Court at (530- 289-3698) to schedule a longer hearing. (Eff. 01/01/09; amended eff. 01/01/23.) 2.5 CONTINUANCES (CIVIL LAW AND MOTION ONLY) Requests to Continue. Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289-3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient. (Eff. 01/01/09.) 2.6 APPLICATION FOR ORDER SHORTENING TIME AND EX PARTE ORDERS (a) Good Cause. All applications for ex parte orders, including orders shortening time, shall be supported by an affidavit or declaration showing good cause for the order, and, where applicable, shall comply with California Rules of Court rules 3.1200 – 3.1207. (b) Application for Ex Parte Orders. An application for an order shall not be made ex parte unless it is supported by affidavit or declaration: (1) That, within a reasonable time before the application, the party or counsel informed the opposing party or opposing party's counsel when and where the application would be made; or, (2) That the party in good faith attempted to inform the opposing party or the opposing party's counsel but was unable to do so, specifying the efforts made to inform them; or, (3) That, for reasons specified, the party should not be required to inform the opposing party or the opposing party's counsel. (Eff. 01/01/09; subd. (a) amended eff. 01/01/23; subd. (b) amended eff. 01/01/23.) 2.7 DISCOVERY General Policy. The policy of the law is one of liberality in allowing discovery. Doubt will be resolved in favor of permitting discovery. It is also the policy of this Court that discovery be conducted in the most expeditious and least expensive manner. To that end, the Court will entertain motions for protective orders seeking relief from oppressive discovery and may grant monetary and other sanctions against evasive, uncooperative, and dilatory counsel who make or oppose motions without substantial justification. Similarly, the Court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing. (Eff. 01/01/09.) 2.8 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS (a) Promissory Notes and Contracts Providing for Fees. In actions on promissory notes and contracts providing for payment of attorney fees, whenever a prevailing party is entitled to recovery of reasonable fees, then the following schedule will be considered by the Court in awarding such fees: (1) Default Action: Exclusive of costs and interest. • Twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages with a minimum fee of three hundred dollars ($300); • Twenty percent (20%) of the next four thousand dollars ($4,000); • Fifteen percent (15% of the next four thousand dollars ($4,000); • Ten percent (10%) of the next ten thousand dollars ($10,000); • Five percent (5%) of the next thirty thousand dollars ($30,000); and • Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000), on the next one hundred thousand dollars ($100,000); and • The Court, in its discretion, will fix fees for recoveries in excess of one hundred fifty thousand dollars ($150,000). (2) Contested Action: The same amount as computed under subpart 2.8a(l) above, increased by 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. (b) Attorney Fees when Defendant is the Prevailing Party. When the defendant is the prevailing party, the fees will be reasonable compensation (computed on an hourly or per-day basis) for research, general preparation, trial, or other services rendered, as may be allowed by the Court. (c) Clerk's Calculation of Reasonable Attorney Fees. When a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk's judgment, the clerk will include attorney fees computed pursuant to the fee schedule included in this Rule. (d) Determination of Attorney Fees in Excess of Schedule. When a party claims attorney fees in excess of those allowed by this Rule, then an application for attorney fees must be made to the Court; the application must be supported by declarations setting forth the factual basis for the claimed fees. The fees will be fixed thereupon by the Court. (Eff. 01/01/09.)
RULE 2. LAW AND MOTION MATTERS 2.1 APPLICABILITY This Rule applies to all civil Law and Motion proceedings. (Eff. 01/01/09.) 2.2 FORM OF PLEADINGS PRESENTED FOR FILING All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court rules 3.1110 - 3.1116. (Eff. 01/01/09; amended eff. 01/01/23.) 2.3 PROPOSED ORDERS At the time a Motion is filed
Reviewer note: Composed 2026-10-12 (California T4 Sierra build 2026-10-12) from BenchPath custody ca/t4/ca-sierra/docs/local-rules/local_rules_eff_070126.pdf (the court's rule book, its cover “Sierra County SUPERIOR COURT RULES EFFECTIVE JULY 1, 2026”, as fetched 2026-10-12; 257827 bytes, sha256 cf58ea4bb32ca799df761b7dc00440c118c92141672efc26488c9c223ff8fa8a; 44 pages; this rule PDF pages 8 to 10, printed pages 4 to 6) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 37, printed pages 1 to 33) composed as one text and cut at the rule headings - “RULE 1. GENERAL RULES” to “RULE 10. MISCELLANEOUS”, each matched once at a line start (a rule may begin mid-page; Rule 9 prints “RULE 9. RESERVED” and nothing else, and has no card); Appendix “A”, the Appellate Division Local Rules (PDF pages 38 to 41, printed 34 to 37), composed apart with the same settings; the running header of every page (“Sierra County Superior Court”, named) and the page number at its foot (“1” on PDF page 5, named and a whole line in its band - every printed number is the PDF page less 4) removed as chrome - 66 chrome lines in the rules, 8 in the appendix; lines reflowed into the rules' paragraphs, each rule's heading, each section's number and title (“1.1 NAME, CITATION AND EFFECTIVE DATE”), each lettered subdivision and numbered paragraph and each history line (“(Eff. 01/01/09; amended eff. 01/01/23.)”) starting a line; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 44 pages; 2 whitespace-only fixes (build/book-fixes.json: Rule 7.7's heading, which the page wraps after “THE INTERESTS”, and Rule 7.11's history line, which it wraps after “subd.”, each rejoined as one line); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-gap-audit-2026-10-12.txt, review/book-short-lines-2026-10-12.txt and review/book-extra-audits-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (the blank line inside Rule 6.2.1(A)'s sentence, Rule 2.8(a)(1)'s bullets, the headings and lists the false-break audit names); the book's own text kept as printed (“RULE 6. FAMILYLAW”, Rule 6.2's unclosed parenthesis, Rule 5.5's history line naming Rule 5.4, Rule 7.7(c)(4)'s “guardian ad !item”, Rule 8.1's “07.01.2026”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 4) and the Topic Index (42 to 44) belong to no card.
3 verbatim requirements on motion calendar in JEREMY I. FRANKER's division.
4 verbatim requirements on motion calendar in STEPHANIE MATALON's division.