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Chapter 3 (Rules 3.01 to 3.09): the chapter a guide to the conduct of all civil pretrial matters and controlling for law and motion matters under Code of Civil Procedure §§527.6, 527.7, 527.8, and 527.85, the Family Code, the Probate Code, and the Welfare and Institutions Code, trial and post-trial proceedings governed by Chapter Four (3.01); papers that comply with Rules 2.100 – 2.119, Rule 3.1110 and Rules 3.1112 – 3.1115 of the California Rules of Court, filed and served as required by Code of Civil Procedure §1005(b) - the Court counting back 16 court days and then the calendar days for the form of service - matters set on the next regularly-scheduled law & motion calendar after a declared court holiday, failure to serve and file opposition deemed a waiver of objections and an admission that the motion is meritorious, prior notice of non-appearance no later than two (2) days prior to the hearing date (two (2) court days when an out-of-county judge is assigned), the Court discourages reply briefs except with regard to motions for summary judgment, and tentative rulings the Court may establish in the future (3.02); ex parte matters in general civil law and motion proceedings governed by Rules 3.1200 - 3.1207 of the California Rules of Court, notice for other ex parte applications to all opposing counsel or unrepresented parties no later than 10:00 AM on the court day just prior to the ex parte appearance, the local form “Declaration re Notice” (Appendix 3) submitted with Family Code applications, petitions for temporary guardianship and petitions under Code of Civil Procedure §§527.6, 527.7, 527.8, or 527.85, moving papers served no later than 12:00 P.M. (noon) on the court day just prior to the hearing, proof of notice four (4) business hours prior, contested ex parte hearings at 1:30 P.M. daily upon prior approval and scheduled with the calendar clerk not later than 12:00 P.M. (noon) of the preceding court day, no application for ex parte relief by letter, the absolute duty to disclose a change of the status quo, an order shortening time only on a declaration demonstrating good cause, writs of attachment and possession, re-application after denial, stipulated judgments, and probate ex parte applications (3.03); an amendment to designate an incorrectly named party by the correct name obtained by ex parte application, an amended pleading preferred over an amendment, the Court’s discretion to strike the at-issue memorandum when a pleading is amended, and a dismissal order after a demurrer is sustained with leave to amend and no amended pleading is filed, by ex parte application without appearance (3.04); motions for summary judgment that must comply with Rule 3.1350 of the California Rules of Court and Code of Civil Procedure §437c, or be continued or denied without prejudice, and motions for summary adjudication beyond §437c(f) disregarded (3.05); a continuance of a law & motion hearing on the agreement of all counsel and parties, notice of it to the court calendar coordinator not later than 4:00 P.M., at least two (2) court days before the scheduled hearing, with a written notice confirming the agreement, notice of an extended hearing of more than fifteen (15) minutes to the court calendar coordinator by the close of the third court day prior to the hearing, evidence under Rule 3.1306, and remote appearances in non-evidentiary civil law & motion and probate hearings under Rules 3.670 and 3.672 and Local Rule 2.22 (3.06); except in family law matters, the prevailing party to prepare a proposed order within ten (10) calendar days of the ruling and submit it to the opposing party for approval as to form, the order sent to the Court after ten (10) days without approval or objection, the Court to hold orders without approval for five days, a disagreement over the accuracy of the order put to the Court by letter, no need to obtain approval from an unrepresented opposing party, and family law orders governed by Rule 5.125 (3.07); any document presented after an Announcement of Tentative Decision or Statement of Intended Decision delivered with the file to the judge (3.08); and briefs on writ petitions not to exceed thirty-five (35) pages, reply briefs 20 pages, briefs over 15 pages with a table of contents, table of authorities and an opening summary of argument, the record for administrative or traditional mandamus on double-sided, consecutively numbered pages in a three-ring binder, and petitions served in the same manner as a summons and complaint (3.09).
CHAPTER 3: GENERAL CIVIL RULES 3.01 Scope of Civil and Law & Motion Rules Subject to the limitations imposed by Rule 3.20 of the California Rules of Court, this chapter of the Local Rules is intended as a guide to the conduct of all civil pretrial matters, and is controlling for law and motion matters pursuant to the following: Code of Civil Procedure §§527.6, 527.7, 527.8, and 527.85; the Family
Reviewer note: Composed 2026-10-12 (California T4 Siskiyou build 2026-10-12) from BenchPath custody ca/t4/ca-siskiyou/docs/local-rules/2026-final-local-rules-court.pdf (the court's rule book, its cover “THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SISKIYOU LOCAL RULES OF COURT EFFECTIVE JULY 1, 2026”, as fetched 2026-10-12; 1504869 bytes, sha256 9e07c0764cd81357bc6f3c7cafe81cd348e139ae21ffb9a44495632e4ac89471; 160 pages; this part PDF pages 25 to 35, printed pages 3-1 to 3-11) with the shared verbatim composer (v2 reflow): the rules (PDF pages 10 to 132, Chapters 1 to 11) and Appendix 1, the Rules for Decorum in the Courtroom that Rule 2.05 makes binding (PDF pages 134 to 137), composed as one text - the appendices' divider page (PDF page 133) left out - and cut at the eleven chapter headings and at Appendix 1's heading, each matched once at a line start (every part opens a page); chrome removed (520 lines): the running header in each page's top band (“LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT”) and the footer in its bottom band (“Siskiyou County Superior Court Local Rules”, the page label “N-M” or “Appendix 1, page N of 4”, the date the page was revised or replaced, and a stray letter “a” printed into the footer on twenty pages of Chapters 3 and 4), with the footer's date box set high on PDF page 11 and a lone period below Chapter 3's last rule on PDF page 35 named as running lines (review/render/p11-stray-date-box-2026-10-12.png, p35-stray-marks-2026-10-12.png); the object replacement character (U+FFFC) of two headings - Rules 4.03 and 6.12, where every other heading has a tab - read as the space it stands for (review/render/object-replacement-headings-2026-10-12.png); lines reflowed into the rules' paragraphs, each rule's number set with its title (“2.02 Official Court Reporters”), each subdivision starting a line and each history line (“Rule 2.02 renumbered effective July 1, 2024; ...”) on its own line; no table on the composed pages; the strike report (review/strike-report-2026-10-12.txt) finds struck text only on PDF page 150 (Appendix 6, a form of accounts, outside the composed pages); 8 whitespace-only fixes (build/book-fixes.json: Chapter 4's two-line heading set as one line; five false breaks rejoined - in Rules 3.03, 5.11, 5.12, Rule 7.03's history line and Rule 9.07(F)(2)'s inline list; Rule 2.02(B)'s “FW-020” closed up across its printed line end; Rule 9.06(A)(2)'s two-line signature format set apart as printed); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.05's number printed “3:05”; “FL- 350” in Rule 8.08); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the publisher's notes (PDF pages 2 to 4), the table of contents and the list of effective dates (PDF pages 5 to 9), the appendices' divider (PDF page 133), Appendix 2 (the court employees' code of ethics, PDF pages 138 to 142), the forms of Appendices 3 to 8 (PDF pages 143 to 153) and the indexes (PDF pages 154 to 160) belong to no card. Review note: Carried as printed: Rule 3.05’s number is printed “3:05” in its heading.
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 > Siskiyou County > Superior Court of California, County of Siskiyou
CHAPTER 3: GENERAL CIVIL RULES 3.01 Scope of Civil and Law & Motion Rules Subject to the limitations imposed by Rule 3.20 of the California Rules of Court, this chapter of the Local Rules is intended as a guide to the conduct of all civil pretrial matters, and is controlling for law and motion matters pursuant to the following: Code of Civil Procedure §§527.6, 527.7, 527.8, and 527.85; the Family Code; the Probate Code; and the Welfare and Institutions Code. Trial and post-trial proceedings, including but not limited to motions in limine, are governed by Chapter Four of these Rules. Rule 3:01 renumbered 3.01 and amended effective July 1, 2024; previously adopted as Rule 3:01 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019. 3.02 Motions and Other Applications in General A. Format of Papers All papers filed in support of or in opposition to a motion or other application for an order must comply with Rules 2.100 – 2.119, Rule 3.1110, and Rules 3.1112 – 3.1115 of the California Rules of Court. Failure to comply with those Rules may, in the Court’s discretion, constitute a sufficient basis for the Court to deny relief or to otherwise disregard the papers filed. This paragraph is not intended to diminish the Court’s authority to exercise its discretion in any other appropriate manner. B. Time for Filing; Calendar Changes; Proofs of Service Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b). In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count back 16 court days and then any further calendar days for the form of service that has been utilized by the moving party. In counting both segments of time, the Court will exclude the first day (e.g., the actual date of personal service or of mailing) and will include the last day (the date of the hearing or other proceeding). When a court holiday has been declared for what otherwise would be a regular law & motion day, law & motion matters must be set for hearing on the next regularly-scheduled law & motion calendar, not on the next court day. Failure to timely serve and file a moving or responding paper, or to timely file a proof of service, may, in the Court's discretion, constitute a sufficient basis for denial of the motion or application, or to disregard the paper. This paragraph is not intended to diminish the Court's authority to exercise its discretion in any other appropriate manner, including but not limited to granting of a continuance or the imposition of sanctions. C. Failure to Serve and File Opposition Failure to serve and file papers in opposition to a motion or any other application for a Court order (other than opposition to an ex parte application) may be deemed, in the Court’s discretion, to be 1) a waiver of objections and 2) an admission that the motion or other application is meritorious. D. Matters Submitted Without Appearance In general, submission of matters without appearance by counsel or unrepresented party is encouraged, and will not be prejudicial to any party. Prior notice of non-appearance is required. This required notice must be given by means reasonably calculated to ensure receipt by the court calendar coordinator and opposing parties no later than two (2) days prior to the hearing date. If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing. E. Reply Briefs Except with regard to motions for summary judgment, the Court discourages submission of reply briefs. F. Tentative Rulings The Court may establish in the future, and without amendment of these Rules, a procedure for publishing or otherwise announcing tentative rulings. Rule 3.02 renumbered and amended effective July1, 2024; adopted as Rule 3:02 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019. 3.03 Ex Parte Motions and Applications A. Applicability; Calendaring and Submission of Documents Rules 3.1200 - 3.1207 of the California Rules of Court govern ex parte matters in general civil law and motion proceedings, and ex parte matters in family law discovery and probate discovery proceedings. Unless otherwise specified, the provisions of this Local Rule 3.03 apply to all other ex parte matters. Note: For those matters which are governed by CRC Rules 3.1200 - 3.1207, the ex parte applicant must comply with the requirements of Part 3.03.C, below, concerning calendaring the ex parte matter with, and submission of papers to, the Superior Court. B. Notice Requirements for Ex Parte Applications Not Governed by CRC Rules 3.1200 - 3.1207 This subpart applies only to matters not governed by Rules 3.1200 – 3.1207 of the California Rules of Court. Failure to comply with this Rule may result in the motion or application being denied (without prejudice to its renewal); in delay of the Court's review of the application, and/or in the imposition of sanctions pursuant to Code of Civil Procedure §177.5. 1) Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: (a) that within a reasonable time [Local Rule 3.03.B(2)] before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, (b) that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, (c) that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application. 2) “Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means. 3) For ex parte applications made pursuant to any provision of the Family Code; or for petitions for temporary guardianship pursuant to Probate Code §2250; or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, 527.8, or 527.85, the local form "Declaration re Notice", attached to these rules as Appendix 3, must be completed by counsel or unrepresented party, and submitted along with the ex parte application. 4) Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission. 5) Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application. (Subd B. amended effective July 1, 2024.) C. Submission and Calendaring of Ex Parte Applications; and Review by the Court This subpart applies to all ex parte applications, including those governed by CRC Rules 3.1200 – 3.1207. 1) Submission and Calendaring (a) Uncontested ex parte applications, or ex parte applications supported by a showing of good cause for lack of prior notice, may be submitted to the clerk of the Court at any time, for presentation to the Court. The Court will attempt to review all such matters expeditiously, but it is unlikely that any ex parte request submitted after 12:00 P.M. (noon) for consideration without a hearing will be reviewed by the Court on the day of submission. (b) For ex parte matters that are contested or that require appearances, hearings will be conducted at 1:30 P.M. daily, in the courtroom assigned for hearing by the calendar clerk of the Court, upon prior approval by a judicial officer Such matters must be scheduled for hearing by the calendar clerk as early as possible before the requested hearing, but not later than 12:00 P.M. (noon) of the preceding court day, unless good cause is shown. The applicant is responsible for contacting the calendar clerk to schedule the hearing and for giving notice thereof. (c) Copies of the application or moving papers must be submitted to the Court by no later than four (4) business hours prior to the scheduled time of the hearing; and copies of any responding papers should be submitted prior to the hearing if possible. (d) The Court may conduct informal ex parte hearings for unrepresented parties, as it deems appropriate. 2) Ex Parte Communication with the Court The Court will not consider any ex parte communications from counsel or unrepresented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State. Applications to the Court for ex parte relief must never be made by letter. Counsel are hereby reminded of Rule 3.5 of the Rules of Professional Conduct of the State Bar of California, concerning ex parte communications with the Court. (Subd C. amended effective July 1, 2024.) D. Change of Status Quo The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo. (Subd D. amended effective July 1, 2024.) E. Ex Parte Request for Order Shortening Time 1) A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice. 2) If an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party's attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing. 3) If the responding party's attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice. 4) Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order. 5) In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party; and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court. (Subd E. amended effective July 1, 2024.) F. Ex Parte Writs of Attachment or Possession 1) When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b). Failure to comply with this Rule ordinarily will result in denial of the application, in which event the applicant must proceed by noticed hearing procedures. Where the applicant relies wholly or in part on a verified complaint, the application must be accompanied by a separate statement setting forth the evidentiary facts upon which the applicant relies. 2) When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030. Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations. 3) Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030. Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010. (Subd F. amended effective July 1, 2024.) G. Re-Application After Denial of Ex Parte Application When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or a different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion. (Subd G. amended effective July 1, 2024.) H. Ex Parte Applications Re Stipulated Judgments Unless a stipulation that authorizes the rendering and entry of judgment, or that authorizes the termination of a stay of execution upon failure to perform specified conditions, also includes an express waiver of notice, an application to render or for entry of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be made on noticed motion. [Rooney v. Vermont Investment Corp. (1973) 10 Cal.3d 351.] Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the alleged failure to perform; and the substance of the order requested. I. Ex Parte Applications in Matters Governed by the Probate Code 1) In General. In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard. Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer. The petition must be verified. Conclusions or statements of ultimate fact are not sufficient. A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit. If the petition is opposed, counsel may argue the merits at the time of the hearing. 2) Effect of Failure to Give Notice. A valid ex parte order issued without prior notice will be set aside only on showing of inadvertence, mistake, or fraud. (Sheldon v. Superior Court, Los Angeles County, Long Beach Department (1941) 42 Cal.App.2d 406, 408) 3) Time for Giving Notice. If a probate application is presented ex parte, and the need for an opportunity to be heard is apparent, the Court will calendar the matter for a hearing as soon as practicable, and will require the applicant, by no later than 10:00 AM of the court day just prior to the hearing date, to give notice of the nature of the application to counsel for known interested persons and to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing. At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it. (Subd I. amended effective January 1, 2025, previously amended effective July 1, 2024.) Rule 3.03 amended effective January 1, 2025; previously adopted as Rule 3:03 January 1, 1997; amended effective July 1, 2014, January 1, 2019, and January 1, 2022; amended and renumbered effective July 1, 2024 3.04 Miscellaneous Rules Affecting Pleadings A. Amending the Pleadings Amendment of pleadings, and motions for such amendment, must be in compliance with Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473. In addition: 1) An amendment to designate an incorrectly named party by the correct name does not require a noticed motion, and may be obtained by ex parte application and order, unless the Court determines that substantial rights of said party are adversely affected. 2) An amended pleading is preferred over an amendment to a pleading, except when the amendment is for the sole purpose of correcting the name of a party (see paragraph 3.04.A(1), above). 3) Except as otherwise provided in these Rules for cases subject to Delay Reduction, whenever a pleading is amended after the filing of an at-issue memorandum, the Court will have discretion to strike the at-issue memorandum and vacate any trial date set thereon, unless the parties stipulate that earlier responsive pleadings are deemed sufficiently responsive to the amended pleading. (Subd A. amended effective July 1, 2024.) B. Procedure After Demurrer Is Sustained With Leave to Amend If, after a demurrer to a complaint or cross-complaint is sustained with leave to amend, an amended pleading is not filed within the time specified by the Court, the Court may dismiss the action or cross action on its own motion. If the Court does not dismiss the action on its own motion after expiration of the specified time, any party to the cause may apply ex parte for a dismissal order. Such application may be submitted to the Court without appearance by the moving party or notice to the other parties. No filing fee will be required unless a hearing on the application is conducted. (Subd B. amended effective July 1, 2024.) Rule 3.04 renumbered and amended effective July 1, 2024; adopted as Rule 3:04 effective July 1, 1997; amended effective July 1, 2010. 3:05 Motions for Summary Judgment or Summary Adjudication All motions for summary judgment must comply with Rule 3.1350 of the California Rules of Court and with Code of Civil Procedure §437c. Motions not adhering to those provisions may be continued to a future date certain that is convenient to the Court, by which time compliance is expected; or the motion may be denied without prejudice. Motions for summary adjudication made pursuant to CCP §437c(f) that seek adjudication of issues beyond those noted in that subsection may be disregarded entirely. Rule 3.05 amended and renumbered effective July 1, 2024; adopted as Rule 3:05 effective January 1, 1997; amended effective January 1, 2007 and January 1, 2007. 3.06 Continuances and Conduct of Hearings on Motions and Other Applications for Orders A. Continuances of Hearings on the Law and Motion Calendar 1) The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued and are in agreement as to the date and time to which the matter will be continued. 2) To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the court calendar coordinator, in person or by telephone, not later than 4:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 4:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued. 3) Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved. 4) Violations of this Rule may result in the imposition of sanctions pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §177.5, or any other appropriate authority. (Subd A. amended effective July 1, 2024.) B. Extended Hearing Rule "Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to present and argue, unless otherwise defined by these Rules. If the attorney for any party determines that a matter set on the law & motion calendar is likely to require more than a total of 15 minutes, counsel must notify the court calendar coordinator and opposing counsel or unrepresented party, in person or by telephone, no later than the close of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by the Court to another date and time certain. C. Evidence at Hearing Evidence at the hearing, including requests for judicial notice, will be governed by Rule 3.1306 of the California Rules of Court. (Subd C. amended effective July 1, 2024.) D. Remote/Telephonic Appearances in Non-Evidentiary Civil Law and Motion and Probate Hearings Rule 3.670 and Rule 3.672 of the California Rules of Court governs remote/telephonic appearances by counsel and parties in non-evidentiary civil law & motion hearings and probate hearings. The Court expects strict adherence to the requirements of both Rule 3.670, Rule 3.672, and this Local Rule, particularly with regard to giving notice. Please see Local Rule 2.22 regarding Remote Appearances. (Subd D. amended effective July 1, 2024.) Rule 3.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 3:06 effective January 1, 1997; amended effective January 1, 2019 and July 1, 2022. 3.07 Preparation of Orders (except family law matters) A. Duty to Prepare Except for family law matters, the duty to prepare orders is governed by Rule 3.1312 of the California Rules of Court. In matters not governed by said Rule, or in cases where the Court finds that the time constraints of the Rule are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only). B. Approval; Procedure If Not Approved 1) The opposing party must either promptly approve or promptly object to the proposed order, stating alternative proposed language. If the other opposing party fails to approve or object to the order within ten (10) days after service, the party who prepared the order may then send it to the Court for signature. The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order. A copy of the letter to the Court must be served on the opposing party. 2) If the party who is required to prepare the order pursuant to Local Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section; a copy of the cover letter and the proposed order must be served on all parties. 3) The Court will hold, for a period of five days, all orders that have not received the approval of the opposing party; after five days, if no objections have been received, the order will be signed. 4) Procedure When There Is Disagreement. If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the applicable portions of the hearing transcript. A copy of the letter must be delivered to all other parties at the time it is delivered to the Court. Attorney's fees and costs, including the cost of preparing the reporter's transcript, may be awarded thereafter based the merits of the matter. C. Approval by Unrepresented Party Unless otherwise ordered by the Court, the party preparing the proposed order need not obtain approval of the order from an opposing party who is unrepresented by counsel. The Court itself will review such proposed orders for accuracy. (Subd C. amended effective July 1, 2024.) D. Not Applicable to Family Law Matters This rule does not apply to proposed orders in family law matters, which are instead governed wholly by California Rule of Court 5.125. Rule 3.07 renumbered and amended effective July 1, 2024; adopted as Rule 3:07 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019. 3.08 Procedures After Announcement of Intended Decision Pursuant to CRC Rule 3.1590 Following the filing of an "Announcement of Tentative Decision" or "Statement of Intended Decision", any document presented to the clerk for consideration by the appropriate judge prior to the entry of judgment will be delivered by the clerk, with the file, to the office of said judge. Rule 3.08 amended and renumbered effective July 1, 2024; adopted as Rule 3:08 effective January 1, 1997; amended effective July 1, 2010. 3.09 Procedures Regarding Applications For Extraordinary Writs A. Form and Length of Briefs in Support of or in Opposition to Writ Petitions 1) The form of briefs in support of or in opposition to writ petitions (regarding mandate and prohibition) must generally conform to rules specified for motions in both these Rules and the California Rules of Court, except that no brief, either in support of or in opposition to a writ petition, including its memorandum of points and authorities (but excluding exhibits, declarations, attachments, tables, and proof of service) may exceed thirty-five (35) pages in length, and no reply brief may exceed 20 pages. Leave of Court to file a brief in excess of the limitations fixed by this Rule may be granted upon a showing of good cause; an application for such leave of Court must be made according to the procedures set forth in CRC Rule 3.1113(e), and on such other conditions as the Court may impose. 2) A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument. 3) Any paper that violates this Rule must be filed and considered in the same manner as a late-filed paper, and the Court, in its discretion, may impose other conditions and/or sanctions as a consequence of the violation. (Subd A. amended effective July 1, 2024.) B. Preparation of Record A record is required for administrative mandamus and for traditional mandamus review of quasi-legislative agency actions. The record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered (including any transcript pages prepared by a court reporter), with three holes punched into the left-hand margin and all pages placed into a three-ring binder, the outside of which, on both the spine and front of the binder, must bear the caption of the matter and the case number. Upon receipt of the record, the clerk will affix a tag to the file indicating the location where the record is stored. (Subd B. amended effective July 1, 2024.) C. Service of Petition Prior to Hearing All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint. Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ. Rule 3.09 amended and renumbered effective July 1, 2024; adopted as Rule 3:09 effective January 1, 1997; amended effective July 1, 2014 and January 1, 2019.
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.