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Chapter 5 (Rules 5.01 to 5.16): the schedule of attorney fees on promissory notes and contracts - in a default action twenty-five percent (25%) of the first $2,000 with a minimum fee of $300.00, then 20%, 15%, 10%, 5% and 2% on the next amounts, the Court to fix fees for recoveries in excess of $150,000.00 - increased in a contested action by reasonable compensation, the clerk to include fees computed by the schedule in a clerk’s judgment, and fees in excess of the schedule on application with declarations (5.01); attorney fees in cases involving minors or persons with a disability under CRC 7.955 (5.02); the compromise of a claim of a minor or person with a disability on Judicial Council Form MC-350 with the order on MC-351, an order to deposit funds on MC-355, the deposit within 48 hours of receipt and the receipt on MC-356 within 15 days, and a petition for withdrawal on MC-357 (5.03); a formal judgment to show the full names and legal capacities of the parties as in the caption, a blank space for costs, judgments with exhibits discouraged, and a proposed judgment lodged with the original judgment when required by Rule 3.1590 (5.04); a judgment on stipulation presented as a separate document (5.05); an appeal of a Labor Commissioner decision under Labor Code §98.2 filed with the complaint and answer, the decision and a proof of service on the Labor Commissioner, set for a trial readiness conference in approximately 30 days, the notice of appeal treated as the first paper for the filing fee (5.06); settlement conferences for civil cases with an estimate for trial in excess of one full day, not earlier than ninety (90) days prior to trial, the parties prepared to make a bona fide settlement offer with principals in attendance or available by telephone, the parties to file and serve a brief statement of the facts and the law no later than five (5) calendar days prior, and the conference dropped only when settlement papers or a dismissal are filed (5.07); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.08); arbitration on court order, stipulation or a plaintiff’s election where the award will not exceed $50,000, a disclosure notice within five (5) days of the notice of assignment, an arbitrator’s declination within fifteen (15) days, hearings no sooner than thirty-five (35) days and no later than ninety (90) days from the assignment, hearings that must not exceed three (3) hours without permission for a lengthy hearing, and the arbitrator’s fee of $150.00 (5.09); default prove-ups in written form or by oral testimony, proof by competent evidence of all essential elements (5.10); no judgment by default in an action to quiet title, the application set for hearing on the civil law and motion calendar with oral and documentary evidence of title (5.11); service by publication on ex parte application with declarations of all due diligence, the summons published once a week for four consecutive weeks (Code of Civil Procedure §415.50), and alternative service for an indigent plaintiff/petitioner granted a fee waiver (5.12); the disposition of small claims cases within thirty (30) days after filing when all defendants reside in Siskiyou County and sixty (60) days when any defendant resides outside, the hearing continued for service when the plaintiff contacts the Court, and dismissal without prejudice when the plaintiff does not appear (5.13); a property manager or rental agent who may not file an unlawful detainer action or appear on behalf of the owner, entities that must appear through an attorney, and a property owner of record or a bona fide lessee in his or her own name (5.14); summary dismissal without prejudice if the plaintiff does not file a Proof of Service of the Summons and Complaint within 60 days of the filing of an Unlawful Detainer action (Code of Civil Procedure section 1167.1) (5.15); and False Claims Act proceedings filed in the Yreka Branch with the Confidential Cover Sheet, JC Form MC-060 (5.16).
CHAPTER 5: MISCELLANEOUS CIVIL RULES 5.01 Attorney Fees in Civil Actions or Proceedings Not Involving Minors or Incompetent Persons 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
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 45 to 56, printed pages 5-1 to 5-12) 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 5.03(C) allows a petition for withdrawal of deposited funds “only according to Local Rule 9:26” (the former numbering of Rule 9.26).
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 5: MISCELLANEOUS CIVIL RULES 5.01 Attorney Fees in Civil Actions or Proceedings Not Involving Minors or Incompetent Persons 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, (a) Twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages, with a minimum fee of three hundred dollars ($300.00); (b) Twenty percent (20%) of the next four thousand dollars ($4,000); (c) Fifteen percent (15%) of the next four thousand dollars ($4,000); (d) Ten percent (10%) of the next ten thousand dollars ($10,000); (e) Five percent (5%) of the next thirty thousand dollars ($30,000); and (f) Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000), on the next one hundred thousand dollars ($100,000.00); and (g) The Court, in its discretion, will fix fees for recoveries in excess of one hundred and fifty thousand dollars ($150,000.00). 2) Contested Action: The same amount as computed under subpart 5.01.A(1), 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. (Subd A. amended effective July 1, 2024.) 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. (Subd B. amended effective July 1, 2024.) 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 Local Rule 5.01. (Subd C. amended effective July 1, 2024.) 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. (Subd D. amended effective July 1, 2024.) Rule 5.01 amended and renumbered effective July 1, 2024; adopted January 1, 1997; amended effective January 1, 2003. 5.02 Attorney Fees In Civil Actions Involving Minors Or Persons With a Disability Attorney fees in cases involving minors or persons with a disability will be determined pursuant to CRC 7.955. Rule 5.02 renumbered effective July 1, 2024; adopted as Rule 5:02 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019. 5.03 Compromise of Claim of Minor or Person With a Disability A. Use of Mandatory Judicial Council Forms Requests for Court approval of compromise of a claim of a minor or person with a disability will not be considered unless submitted on a fully-completed Judicial Council Form MC-350. The Petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351. (Subd A. amended effective July 1, 2024.) B. Order to Deposit Money; Deposit and Receipt For Deposit 1) Order to Deposit Money: If the order approving the compromise includes an order for deposit of funds into a blocked account, the applicant must also submit to the Court, along with the petition and approval order, a separate order to deposit the funds, prepared on Judicial Council Form MC-355. 2) Deposit and Receipt: Petitioner or counsel must deposit the subject funds as ordered within 48 hours of receipt, and must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter. (Subd B. amended effective July 1, 2024.) C. Withdrawal of Funds If a court order for deposit of funds for the benefit of a minor does not allow for withdrawal without further order upon the minor’s eighteenth (18th) birthday or thereafter, then a petition for withdrawal of funds so deposited will be allowed only according to Local Rule 9:26, and must be submitted on Judicial Council Form MC-357. When the attorney for the petitioner was allowed fees at the time of settlement, no attorney fees incidental to securing such withdrawal order will be awarded, except for good cause. (Subd C. amended effective July 1, 2024.) Rule 5.03 amended and renumbered effective July 1, 2024; adopted effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019. 5.04 Form of Judgment A. Required Elements of Formal Judgment In drafting forms of judgment for the trial judge to sign, counsel must: 1) Clearly show the full names of the parties for whom and against whom the judgment is rendered, including their legal capacities as plaintiffs, defendants, cross-complainants and cross-defendants; 2) Refer to full names as they appear in the caption of the initial pleadings, or obtain an order amending the pleadings in respect to such names; and, 3) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ _ _ .__”. The clerk of the Court will enter the amount of costs claimed after a timely memorandum of costs has been filed, and after a ruling upon any motion to tax costs. 4) All judgments must be full and complete. Judgments that have exhibits are discouraged and may not be accepted. If such judgment is accepted, there must be a place for signature of the judge at the end of the attached exhibit. (Subd A. amended effective July 1, 2024.) B. Submission of Proposed Judgment to the Court When required by the Court, or when a proposed judgment is required by Rule 3.1590 of the California Rules of Court, counsel must lodge the proposed judgment with the clerk. The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties. At the same time that the proposed Judgment is lodged with the clerk, counsel must also lodge therewith the original form of the judgment. The original judgment must be in the same form and have the same content as the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge. The clerk will mark the proposed judgment as having been received, and will retain it as well as the original judgment, unmarked, in the Court’s file. After the requisite period of time has elapsed pursuant to Rule 3.1590(c) of the California Rules of Court, the clerk will present the file to the judge so that the judgment may be signed, if appropriate. (Subd B. amended effective July 1, 2024.) Rule 5.04 amended and renumbered effective July 1, 2024; adopted as Rule 5:04 effective January 1, 1997; amended effective January 1, 2007. 5.05 Form of Stipulated Judgment The Court will not sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto; any proposed judgment that is submitted upon stipulation of the parties must be in the form of a separate document. Rule 5.05 amended and renumbered effective July 1, 2024; adopted January 1, 1997; amended effective January 1, 2001. 5.06 Appeal from Decision of Labor Commissioner Under Labor Code Section 98.2 A. Required Documents Any party who files a notice of appeal of an order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, must also file the following with the clerk of the Court: 1) A copy of the complaint and of any answer filed with the Labor Commissioner; and 2) A complete copy of the order, decision, or award of the Labor Commissioner, which must include, if provided by the Labor Commissioner, a summary of the hearing and the reasons for the decision; and, 3) A proof of service upon the Labor Commissioner of a copy of the notice of appeal. B. Setting for Hearing The clerk of the Court will set the matter for a trial readiness conference in approximately 30 days upon the filing of the papers prescribed by subpart 5.06.A, above. (Subd B. amended effective July 1, 2024.) C. Determining Filing Fee A notice of appeal filed pursuant to Labor Code §98.2 will be treated as the first paper for purposes of determining the filing fee. Rule 5.06 amended and renumbered effective July 1, 2024; adopted as Rule 5:06 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019. 5.07 Settlement Conferences A. Required Conference 1) Civil cases that have an estimate for trial in excess of one full day, whether or not subject to the Trial Court Delay Reduction Act, may be set for settlement conference at the discretion of the Court. The settlement conference will be held not earlier than ninety (90) days prior to trial, unless otherwise stipulated by the parties, in writing. 2) Any matter may be voluntarily submitted to the Court for settlement conference. B. Attendance And Preparation At the settlement conference, all parties must: 1) Be prepared to make a bona fide settlement offer; 2) Have all principals or clients either in attendance or available by telephone, unless excused in advance for good cause shown, after notice to all other parties that a request to be excused will be made (requests for non-appearance may be made by letter); 3) Produce memoranda of items of any special damages claimed; and 4) Have available any and all medical reports (if a personal injury is claimed), depositions, photographs, records, diagrams, maps, bills, contracts, memoranda and other documents pertinent to settlement of the case. C. Settlement Conference Statement No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case. (Subd C. amended July 1, 2023.) D. Duty Re: Settlement If a settlement conference has been calendared and the matter is resolved prior thereto, the settlement conference will not be dropped from calendar unless and until the parties have filed settlement papers or a dismissal of the action, and have informed the clerk of the Court that the matter can be dropped from calendar. If neither dismissal nor settlement papers have been filed prior to the conference, the matter will be returned to the case management calendar for status review. (Subd D. amended July 1, 2024.) Rule 5.07 amended and renumbered effective July 1, 2024; adopted effective January 1, 1997; amended effective January 1, 2003, January 1, 2019, and July 1, 2023. 5.08 Sanctions A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions thereunder or as otherwise provided by law. In addition to sanctions authorized by the Code of Civil Procedure, the Court adopts and incorporates herein the provisions of Rule 2.30 of the California Rules of Court. Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing. Rule 5.08 renumbered effective July 1, 2024; adopted as Rule 5:08 effective January 1, 1997; amended effective January 1, 2007. 5.09 Arbitration A. General Provisions Arbitration pursuant to Rules 3.810 et seq. of the California Rules of Court is subject to the provisions of CRC Rule 3.811(b) (exemptions) and of these Local Rules, and will be conducted as follows: 1) Upon an order of the Court pursuant to Code of Civil Procedure §1141.11(b); 2) Upon stipulation of all parties to non-binding arbitration; 3) Upon stipulation of all parties to binding arbitration; 4) Upon the filing of an election by a plaintiff, provided that plaintiff agrees that the arbitration award will not exceed $50,000; in all actions where the amount in controversy does not exceed $50,000 as to any plaintiff. A stipulation or election for arbitration pursuant to this Local Rule ordinarily must be made no later than the date of the initial status/case management conference. B. Disclosure Notice; Declination of Arbitrator 1) Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following: 2) Whether or not any party is proceeding in forma pauperis. 3) Whether or not this is a lengthy hearing matter (as defined hereinafter). If any party indicates that a lengthy hearing will required, the arbitrator must contact the parties, as promptly as possible, in order to determine the estimated length of the hearing and to negotiate his or her hourly rate for the anticipated lengthy hearing. 4) The arbitrator will have fifteen (15) days, from the date of the administrator’s notice of the appointment, to file a written declination of the appointment. Failure to file a declination will be conclusive of the arbitrator's acceptance of the appointment. (Subd B. amended effective July 1, 2024.) C. Procedure After Declination of Arbitrator Upon the filing of a declination by the arbitrator, the matter will be referred back to the arbitration administrator for re-assignment. If the panel of arbitrators has been exhausted, the administrator will set the matter on the case management calendar, to be heard within forty (40) days of the filing date of the declination. (Subd C. amended effective July 1, 2024.) D. Time of Arbitration Hearing Arbitration hearings must be conducted no sooner than thirty-five (35) days and no later than ninety (90) days from the effective date of the assignment to the arbitrator. (Subd D. amended effective July 1, 2024.) E. Continuances In no case may an arbitration hearing be continued to a date later than ninety (90) days after the effective date of assignment to the arbitrator, except by order of the Court, made on application and for good cause shown in accordance with Rule 3.817 of the California Rules of Court. F. Arbitration Active List; And Periodic Reviews Arbitration selection will be pursuant to Rule of Court 3.815 (b) & (c). G. Arbitration Panel The Court will keep a panel of arbitrators pursuant to Rule of Court 3.814. Each person appointed to the panel will serve at the pleasure of the Court. The panel of arbitrators may include attorneys from jurisdictions outside of Siskiyou County. H. Length of Arbitration Proceedings 1) Except as provided hereafter, arbitration hearings must not exceed three (3) hours, after which time the arbitrator is authorized to terminate the proceedings and make his or her award based upon the law and evidence thus far received. At the sole discretion of the arbitrator, the hearing may be extended beyond three hours in order to bring the matter to an orderly conclusion; however, no additional compensation will be available to the arbitrator under these Rules for such an extension of hearing. 2) If any party believes that the hearing will require more than three (3) hours (any such matter must be designated as a "lengthy hearing"), that party may obtain permission for such lengthy hearing in one of the following ways: (a) By filing, at least fifteen (15) court days before the hearing, a written stipulation between the parties and the arbitrator that they all agree to a lengthy hearing; said stipulation must provide for payment by the parties of a specified reasonable hourly rate of compensation to the arbitrator for any arbitration in excess of three hours; or, (b) By obtaining an order, on duly noticed motion, that shows cause for a lengthy hearing and that specifies the reasonable rate of compensation to the arbitrator for each hour of hearing in excess of three (3) hours; such motion must be made to the Court before the date by which the matter is required to have been completely arbitrated. (Subd H. amended effective July 1, 2024.) I. Arbitration Fees 1) Standard Arbitration: Except as may be provided elsewhere in these Rules, an arbitrator's fee in the total amount of one hundred and fifty dollars ($150.00) will be ordered as a charge upon the Court, and will constitute the sole compensation for any arbitration hearing conducted pursuant to Local Rule 5.09. At the time the arbitrator is appointed, the arbitration administrator will provide the arbitrator with a claim form, to be completed by the arbitrator and submitted for payment when the arbitrator’s award is filed with the Court. The costs of the arbitration that exceed $150.00 may be awarded as costs to the prevailing party. 2) Lengthy Arbitration: The reasonable compensation for a lengthy hearing must be fixed by agreement between the arbitrator and the parties to the arbitration, and must be limited to a reasonable hourly rate for each hour of hearing time in excess of three (3) hours. The parties are required to comply with the following provisions regarding any lengthy arbitration: (a) If a dispute arises concerning the arbitrator's fee, then any affected party, including the arbitrator, may file and duly notice a motion to obtain a Court resolution of that dispute. The time incurred by the arbitrator in making or defending such motion will be considered by the Court in determining the reasonable compensation. (b) The arbitrator's fee must be paid in full within ten (10) days after he or she issues an award. If not paid, the arbitrator will have a lien in the amount of any unpaid fees upon the settlement or judgment entered in the subject action. (c) The arbitrator, in his or her discretion, may require the parties to make a deposit on account, in advance of the hearing, for the anticipated fees, the amount of which must be divided equally between all parties. Any party who prevails in the action and who has paid the arbitrator on account may recover those fees as costs. Rule 5.09 amended and renumbered effective July 1, 2024; adopted as Rule 5:09 effective January 1, 1997; amended effective January 1, 2007 and January 1, 2019. 5.10 Default Prove-Ups A. Manner of Presentation 1) Except for default cases in which the clerk of the Court may enter judgment without review by a judicial officer [Code of Civil Procedure §585(a)], and cases in which plaintiff seeks to quiet title pursuant to CCP §764.010 and Local Rule 5.11, applications for entry of default judgment and evidence in support thereof may be presented either in written form or by oral testimony. 2) Affidavits and declarations presented in support of a prove-up application must comply with the requirements of CCP §585 and §585.5. 3) If a prove-up by oral testimony is desired, the plaintiff must apply to the clerk of the Court for a hearing, which will be set on the regular civil law and motion calendar. (Subd A. amended effective July 1, 2024.) B. Evidence on Prove-Up, Generally For purposes of default prove-ups, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. Rather, proof must be presented by competent evidence with respect to all essential elements of the causes of action to be proved. Mere conclusions are insufficient. Affidavits and declarations must show, affirmatively, that the affiant or declarant is competent to state those things that appear therein. Generally, the Court will use the same standard for assessing the quality and sufficiency of the evidence as it would apply in a contested proceeding. [Devlin v. Kearny Mesa AMC (1984) 155 CA3d 381.] (Subd B. amended effective July 1, 2024.) Rule 5.10 renumbered and amended effective July 1, 2024; adopted as Rule 5:10 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019. 5.11 Prove-Up in Quiet Title Proceedings The Court will not enter judgment by default in any action to quiet title. [Code of Civil Procedure §764.010.] An application for entry of judgment in such action must be set for hearing on the civil law and motion calendar. At the hearing or by papers filed prior thereto, the applicant must demonstrate that all parties have been served and have either appeared or failed to appear; and the applicant must comply with the provisions of CCP §585(c). At the hearing on the application, the applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title. Rule 5.11 amended and renumbered effective July 1, 2024; adopted as Rule 5:11 effective January 1, 1997; amended effective January 1, 2003. 5.12 Obtaining Default Judgments Pursuant to Service by Publication A. Obtaining an Order for Service by Publication Applications for service by publication must be submitted to the clerk of the court for ex parte approval by a judicial officer and must be supported by one or more factual declarations describing all efforts to locate the other party. The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner has exercised all due diligence in attempting to locate the other party. [Olvera v. Olvera (1991) 232 Cal.App.3d 32; Harris v. Cavasso (1977) 68 CA3d 723;.] Petitioner's due diligence search may include the following, as appropriate: 1) Recent inquiries of relatives and friends of the other party, and of other people likely to know his or her whereabouts; 2) Searches of relevant telephone directories; tax rolls; DMV rolls; and records of the Registrar of Voters. (Subd A. amended effective July 1, 2024.) B. Publication; and Entry of Default Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks). Upon completion of publication, the petitioner must file the proof of publication and the request to enter default. The clerk will then determine whether service is complete and, if so, will enter default. (A hearing on the request to enter default may be required when the circumstances so merit.) After default has been entered, the petitioner may apply for a default judgment as described in the preceding section. (Subd B. amended effective July 1, 2024.) C. Applications for Orders for Alternative Service by Publication Where Plaintiff/Petitioner is Indigent An indigent plaintiff/petitioner may apply to the Court for an alternative manner of service, other than publication in a California newspaper of general circulation. A plaintiff/petitioner may be eligible for indigent relief when a prior fee waiver has been granted in the same action. The petitioner must submit, for the Court’s review, an application and declaration for alternative service, stating that the Court has granted a fee waiver and the reasons that the applicant cannot now afford the cost of publication. After reviewing the application and the file, the Court may order alternative service of process; require a hearing to determine Petitioner's ability to pay; or deny the request. (Subd C. amended effective July 1, 2024.) Rule 5.12 amended and renumbered effective July 1, 2024; adopted as Rule 5:12 effective January 1, 1997; amended effective January 1, 2003 and January 1, 2019. 5.13 Small Claims Court; Appearance by Plaintiff; Dismissal A. Statement of Policy The goal of the Court is to process small claims cases in the most expedient manner that is fair to all concerned. The Court aims to achieve disposition of 100 percent (100%) of small claims cases within thirty (30) days after filing when all defendants reside in Siskiyou County; and within sixty (60) days after filing when any defendant resides outside of Siskiyou County. Small claims cases are scheduled for trial within these timeframes whenever practicable. In many cases, service cannot be completed upon the defendant before the scheduled hearing date. If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant. (Subd A. amended effective July 1, 2024.) B. Duty of Plaintiff To Appear or Request Continuance The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff complies with the requirements of Code of Civil Procedure Section 116.570 as to requesting a continuance. (Subd B. amended effective July 1, 2024.) Rule 5.13 amended and renumbered effective July 1, 2024; adopted as Rule 5:13 effective January 1, 1997; amended effective July 1, 2014 and January 1, 2019. 5.14 Representation in Unlawful Detainer Proceedings A. General Court Policy A property manager or rental agent may not file an unlawful detainer action on behalf of the owner or lawful tenant of the subject property, and may not appear in the action on behalf of the owner. A property manager who by contract has been assigned the right of possession, and who has entered into the rental agreement with the tenant, may bring an unlawful detainer action in his or her own name, as the real party in interest. A rental agent or property manager who is a partnership, corporation, or unincorporated association, must appear through an attorney. (Anna v. Metropolitan Trust (1941) 17 Cal.2d 827.) (Subd A. amended effective July 1, 2024.) B. Effect of Filing by Unauthorized Person If the clerk of the Court inadvertently files an unlawful detainer complaint in violation of the aforesaid policy, then the clerk thereafter will refuse to enter the default of the defendant or to enter a clerk’s judgment, or to file any other papers on behalf of the plaintiff, unless and until a licensed attorney substitutes into the action as attorney of record for the plaintiff. (Subd B. amended effective July 1, 2024.) C. Authorized Parties in Propria Persona Nothing in this Rule will preclude an individual who is a property owner of record, or an individual who is a bona fide lessee and/or is entitled to possession of the subject premises, from preparing, filing, and prosecuting an unlawful detainer action in his or her own name, without representation by counsel. Note: corporate or other business entities, whether landlord or tenant, may not appear as parties in pro per. (Merco vs. Construction Engineers Inc. (1978) 21 Cal.3d 724.) (Subd C. amended effective July 1, 2024.) Rule 5.14 amended and renumbered effective July 1, 2024; adopted as Rule 5:14 effective January 1, 2001; amended effective July 1, 2010 and January 1, 2019. 5.15 Service of Unlawful Detainer Complaint Pursuant to Code of Civil Procedure section 1167.1, the Court may issue summary dismissal without prejudice if plaintiff does not file a Proof of Service of the Summons and Complaint within 60 days of the filing of the Unlawful Detainer action. Rule 5.15 renumbered effective July 1, 2024; adopted as rule 5:15 effective July 1, 2023. 5.16 False Claims Act Proceedings Proceedings initiated pursuant to the False Claims Act [Government Code §§ 12650 et seq.] must be filed in the Yreka Branch of the Superior Court, and will not be accepted by the clerk for filing unless a completed “Confidential Cover Sheet – False Claims Act”, JC Form MC-060, is affixed to the first page of the complaint. (Rule 2. 571 of the California Rules of Court.) Rule 5.16 renumbered effective July 1, 2024; previously adopted as Rule 5:15 effective January 1, 2007; renumbered as Rule 5:16 effective July 1, 2023.
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.