Loading…
Differential case management (4.1), with uninsured and underinsured motorist actions; assignment to one judge for all purposes - the Notice of Assignment of Case to One Judge for All Purposes and Notice of Case Management Conference issued when the complaint is filed, and tentative rulings three (3) court days before each case management conference (4.2); orders to show cause (4.4); sanctions (4.5); the mandatory settlement conference, at the discretion of the Assigned Judge, before a pro tem panelist (4.6); the jury demand in the Case Management Statement (4.7); the deposit of jury fees (4.8); trial and trial-related motions - the trial calendar and continuances (4.9); pretrial matters and commencement of trial - uniform procedures, the duty to meet and confer, pretrial documents, exhibits, trial briefs, jury instructions and verdict forms, service of trial documents (4.10); voir dire (4.11); the disposition of fictitious defendants before judgment (4.12); temporary judge (pro tem) trials by stipulation (4.13); the Discovery Facilitator Program (4.14) and the Demurrer Facilitator Program (4.17) - policy, panel, participation by stipulation and mandatory participation, selection, compensation and resolution; matters affected by bankruptcy (4.16); post-trial courtesy copies to the department's drop box (4.18); and writs of mandate challenging government approvals and CEQA matters - the Assigned Judge, alternative dispute resolution, the initial case management conference, the administrative record (lodged in electronic format under California Rules of Court, Rules 3.2200 through 3.2208), motions to augment or strike, and matters requiring a hearing calendared through the department (4.19). Rules 4.3 and 4.15 are repealed.
California > First Appellate District > Sonoma County > Superior Court of California, County of Sonoma
RULE 4 RULES APPLICABLE TO ALL CIVIL CASES 4.1 DIFFERENTIAL CASE MANAGEMENT A. The following rules are adopted to advance the goals of the Trial Court Delay Reduction Act set forth in Government Code §§ 68603, et seq., and addressed by §§ 2.1 and 2.2 of the Standards of Judicial Administration and California Rules of Court, Rules 3.710 et seq., all incorporated herein by reference. It is the intent of this court that these rules satisfy the court's obligations under the Trial Court Delay Reduction Act, and the requirement of the California Rules of Court that the court adopt local rules on differential case management consistent with the California Rules of Court and the Standards of Judicial Administration. 1. Upon the filing of every complaint the clerk shall provide to the plaintiff Notice of the Case Management Conference, and information on how to obtain an ADR packet, which plaintiff is required to serve with the complaint. 2. Any party who adds a party to the proceeding must inform the new party of any pending dates set by the court including a pending case management conference date, a pending settlement conference date and a pending trial date. 3. Requests to continue a Case Management Conference must be set forth in the Case Management Conference Statement. 4. When a party to a case dies, the attorney for that party shall promptly serve and file a notice with the Court. B. All general civil cases shall be deemed to be cases subject to California Rules of Court, Rule 3.714(b)(1) or (2), based on the amount in controversy, unless otherwise requested in a Case Management Statement (Judicial Council form CM-110) filed by counsel or any self-represented party and thereafter ordered by the court. C. Unless a separate management plan is defined in the California statutes or in the California Rules of Court, unlawful detainer actions and Injunctive proceedings pursuant to Code of Civil Procedure shall be placed in the local case management plan for disposition within six months. D. Uninsured and Underinsured Motorist Actions. At the time the complaint or petition is filed, or within 30 days after discovering that the case is an uninsured or underinsured motorist case, plaintiff /petitioner shall file an ex parte application with a supporting declaration and proposed order requesting that the case be designated as an uninsured or underinsured motorist case. To allow for arbitration of the plaintiff/petitioner’s claim, the Civil Case Management Rules do not apply to a case designated by the court as “Uninsured Motorist” or “Underinsured Motorist” as defined in Government Code § 68609.5 and Insurance Code § 11580.2 until 180 days from the date of the designation. The clerk’s office shall set a Case Management Conference on the earliest available CMC calendar after 180 days from the designation of the case as an uninsured or underinsured case. All other civil actions identifiable on the Civil Case Cover Sheet (Judicial Council form #CM-010) under the headings of Judicial Review, Enforcement of Judgment, or Miscellaneous Civil Petition, shall be placed in the local case management plan for disposition within nine months. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 1/1/2008, 7/1/2011, 1/1/2014, 7/1/14, 1/1/15, 1/1/16; 7/1/16) 4.2 ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES AND CASE MANAGEMENT CONFERENCE A. In every general civil case, at the time of filing a complaint, by order of the Presiding Judge, the Clerk of the Court will issue a Notice of Assignment of Case to One Judge for All Purposes and Notice of Case Management Conference. The Notice will include the name of the Assigned Judge and the date, time and location of the Case Management Conference. A copy of the Notice must be served with the summons and complaint, and with any cross-complaint. B. Tentative Rulings: Three (3) court days preceding each scheduled Case Management Conference calendar, the Assigned Judge or their designee will cause to be recorded a tentative ruling for any cases set on the Case Management Conference calendar. The tentative ruling will be posted on the court’s website at www.sonoma.courts.ca.gov (click on the “Online Services” tab on the home page, select “Tentative Rulings” in the drop-down menu, and then click on the link to “Civil”). A copy of the tentative rulings will also be posted outside the Assigned Judge’s courtroom. The tentative ruling will become the ruling of the Court at the conference unless any party desiring to be heard so advises the judicial assistant in the Assigned Judge’s chambers no later than 24 hours before the scheduled conference and also notifies all parties or their attorneys. Appearances will be required or dispensed with by the court as indicated in the tentative rulings. Where appearances are required by the Court, or no tentative ruling is indicated on a case, then all principal trial counsel and self-represented parties shall appear at the conference at the time scheduled in any notice, order to show cause, or as otherwise directed by the Court. (Eff. 1/1/1997; Rev. 1/1/2003, 7/1/2004, 1/1/2014, Repealed 1/1/2016, Eff. 7/1/19; Rev. 1/1/2022, 7/1/2026) 4.3 APPLICATION TO EXTEND TIME[Repealed] Rule 4.3 repealed effective January 1, 2016; adopted effective January 1, 1997; previously amended January 1, 2003, July 1, 2004 and January 1, 2014. 4.4 ORDERS TO SHOW CAUSE A. Each case included by this rule will be reviewed for compliance with these rules, and orders to show cause may be issued for failure to comply. B. Orders to Show Cause will be scheduled on calendars at such times and places as designated by the Assigned Judge. C. In the afternoon two (2) court days preceding the Order to Show Cause hearing, commencing at 2:00 p.m., the Assigned Judge or their designee will cause to be recorded a tentative ruling of any case set on the Order to Show Cause calendar. The tentative ruling will be posted on the court’s website at www.sonoma.courts.ca.gov (click on the “Online Services” tab on the home page, select “Tentative Rulings” in the drop-down menu, and then click on the link to “Civil”). A copy of the tentative rulings will also be posted outside the Assigned Judge’s courtroom. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2016, 7/1/19, 1/1/2022, Renumbered 1/1/2023, 7/1/2024, 7/1/2026) 4.5 SANCTIONS Failure to comply with these rules or the California Rules of Court may result in the imposition of sanctions. In the event that any attorney, any party represented by counsel, or any party appearing in pro per fails to comply with any of the requirements of, or orders made, pursuant to Rules 2, 4, 5, 7 or 9, or the California Rules of Court, the Court may impose sanctions upon motion of a party or on its own motion. Sanctions may be imposed pursuant to Government Code § 68609(d); Code of Civil Procedure §§ 128.5, 128.7, 177.5, 575.2, and California Rules of Court, Rule 2.30. Unless otherwise ordered, any monetary sanctions imposed by the Court shall be paid forthwith and payable to the Sonoma County Superior Court. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 7/1/2008, 1/1/2016, Renumbered 1/1/2023, 7/1/2024) 4.6 MANDATORY SETTLEMENT CONFERENCE At the discretion of the Assigned Judge a mandatory settlement conference shall be held in all cases set for trial. These settlement conferences shall be at such times and places as designated by the pro tem panelist, as set forth in the Notice of Mandatory Settlement Conference and Trial. No later than five (5) court days before the date set for the settlement conference, each party shall deliver their Settlement Conference Statement directly to the pro tem panelist(s) and serve a copy on opposing counsel. At the conclusion of the settlement conference, the pro tem panelist(s) shall make a report to the Court as to whether the case settled, and, if not, the last settlement offer(s) and demand(s), the likelihood of settlement, any identifiable obstacles to settlement, and other matters as requested by the Court. The date, time, and location of the settlement conference must be typed on the first page of the statement. The parties shall notify the panelist(s) and appropriate settlement conference coordinator of a pre-conference settlement. Failure to comply will result in monetary sanctions being imposed. (Eff. 1/1/1997; Rev. 7/1/2006, 1/1/2007, 7/1/2008, 1/1/2014, renumbered 1/1/2016; Rev. 7/1/2018, 1/1/2021, Rev and renumbered 1/1/2023, 7/1/2024) 4.7 JURY DEMAND A jury must be demanded in the Case Management Statement. For purposes of these rules, the date of the Trial as described herein in Rule 4.9.A will be construed as the date of trial. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2014, 7/1/2014, 1/1/2021; Renumbered 1/1/2016; 7/1/2018, Renumbered 1/1/2023, 7/1/2024) 4.8 DEPOSIT OF JURY FEES A. Jury fees in civil cases must be deposited with the Superior Court Clerk in accordance with the dictates of Code of Civil Procedure § 631. B. Unless superseded by Code of Civil Procedure § 631(b), written application for refund of jury fees for any reason must be made within twenty (20) business days from the date on which the jury is waived or the action is settled, dismissed, or a continuance thereof granted, pursuant to Code of Civil Procedure § 631.3. C. Jury fees on deposit will be forfeited and will not be applied to a future trial date if: the matter is settled without notice to the court, the jury is waived without two (2) court days’ notice to the court, or the trial date is continued without two (2) court days’ notice to the court, pursuant to Code of Civil Procedure § 631.3. D. Notice to the court under this rule must be in writing. The file date is used to determine compliance with timelines contained herein. E. After completion of the trial, any remaining jury fees on deposit will be returned only upon written request to the Clerk of the Court. The request for refund must be submitted within thirty (30) calendar days of the completion of the trial, otherwise any funds remaining on deposit shall be forfeited. (Eff. 1/1/1997; Removed 1/1/2021, Renumbered/Eff. 7/1/2024) 4.9 TRIAL AND TRIAL-RELATED MOTIONS A. Trial Calendar Trials, both long cause and short cause, will be called on such dates and at such times as shall be set by the Assigned Judge. In-person attendance by counsel at the call of the Trial is mandatory unless excused by the Assigned Judge. B. Continuances Continuances of trials may be granted, upon good cause show, by stipulation of the parties or upon written notice of motion. Failure to complete discovery does not constitute good cause. Any motion for continuance must be calendared for hearing before the Assigned Judge on the Trial calendar at least seven (7) calendar days in advance of the trial date, unless good cause is shown for a shortening of such time. Stipulation of trial counsel by itself does not constitute good cause for granting a continuance. Requests for continuance of trials or trials de novo in small claims cases must follow the procedure set out in Code of Civil Procedure § 116.570. (Eff. 1/1/1997; Rev. 7/1/2004, 7/1/2011, 1/1/2014, 1/1/2021; Renumbered 1/1/2016; 7/1/2018, Renumbered 1/1/2023, Rev. 7/1/2024, 1/1/2025) 4.10 PRETRIAL MATTERS AND COMMENCEMENT OF TRIAL A. Uniform Procedures The procedures prescribed in this rule apply uniformly to trials throughout the Civil Division except in expedited jury trials under Code of Civil Procedure § 630.01 et seq., which are governed by California Rules of Court, Rules 3.1545–3.1552. Judges may, in the exercise of discretion, order different procedures based on the particular requirements of an individual case. B. Trial Each case is called for trial on the Friday as specified by the court in its Notice of Trial as served on all parties. Unless otherwise ordered, parties and their counsel are to appear in-person and should expect and be prepared to begin the trial of a case on the first date of Trial. C. Duty to Meet and Confer At least seven (7) court days before trial, all attorneys of record and unrepresented parties must meet and confer in a good faith effort to reach agreement and enter into written stipulations or written joint statements on the matters described in subdivisions (D) and (G) of this rule. All such stipulations and statements must be filed, and courtesy copies delivered, at the time and in the manner stated in subdivisions (D) and (G). A stipulation or joint statement may be filed instead of any submission of an individual party that this rule requires or permits. D. Pretrial Documents By 3:30 p.m. on the sixth (6th) court day before trial or as otherwise ordered by the court, the parties must file the documents listed below with the Civil Clerk’s Office, serve the documents on all parties, and deliver endorsed copies to the chambers of the Assigned Judge the same day. Timelines for the submittal of pretrial documents for matters coming before the court under the Lanterman-Petris-Short Act are set by the judge presiding over that matter at their discretion. 1. Any proposed voir dire questions which, due to unusual or sensitive circumstances, a party requests the judge to ask prospective jurors. 2. Any proposed jury questionnaire. 3. A joint list, in alphabetical order, of all witnesses to be called, indicating which party intends to call each witness. The list should also note any anticipated issue concerning a witness that might require the court’s attention, including but not limited to scheduling constraints, health problems, security precautions, and the need for a translator or interpreter. 4. A joint estimate of the length of the trial. 5. A joint neutral statement of the case to be read to the jury. 6. All motions in limine. Any written opposition to a motion in limine must be filed with the Civil Clerk’s Office, and an endorsed filed copy delivered to the Assigned Judge, by 3:30 p.m. three (3) court day before trial. 7. Identification by each party of all deposition testimony that the party intends to offer in evidence on the ground that the witness is unavailable to testify at trial, designated by witness, date or volume, and pages and lines. 8. A list of all requested California Civil Jury Instructions (CACI) by number, in numerical order, with titles. 9. A list of all proposed CACI jury instructions and special jury instructions, with all proposed wording. 10. All proposed verdict forms. 11. Signed copies of the Trial Orders of the Court, containing those provisions to which the parties have stipulated. E. Exhibits to Be Used in Opening Statement and/or Trial On the day that motions in limine are heard, prior to that hearing, each party must show all other parties all electronic presentations, demonstrative exhibits, charts, diagrams, photographs, enlargements, and all other tangible things that the party intends to use in the party’s opening statement and/or during trial. Any party who objects to any such material must make the objection at the hearing of the motions in limine, and the judge will rule on all such objections presented. F. Trial Briefs The court finds trial briefs to be very helpful and encourages their submission. Any trial brief must be filed with the Civil Clerk’s Office, and an endorsed filed copy delivered to the Assigned Judge, by 3:30 p.m. six (6) court days before trial. This does not preclude supplemental briefs on specific issues that arise during the trial. Timelines for the submittal of trial briefs for matters coming before the court under the Lanterman-Petris-Short Act are set by the judge presiding over that matter at their discretion. G. Jury Instructions and Verdict Forms 1. In every jury trial, before the first witness is sworn, six (6) court days prior to the first day of trial, each party must deliver to the judge, and serve upon all other parties, all proposed jury instructions on all applicable law disclosed by the pleadings, and all proposed verdict forms. 2. Before closing argument begins, each party must deliver to the judge and serve upon all other parties any additional proposed jury instructions on questions of law arising from the evidence that were not disclosed by the pleadings. 3. Each proposed jury instructions must be printed in black ink on a separate piece of paper. Proposed instructions must not identify the requesting party or any party or counsel in the case. The jury instructions must be assembled in a packet with a face sheet that lists all requested instructions and the requesting parties. 4. Timelines for the submittal of jury instructions and verdict forms for matters coming before the court under the Lanterman-Petris-Short Act are set by the judge presiding over that matter at their discretion. H. Service of Trial Documents All documents authorized by this rule that a party files with or otherwise submits to the court must be served by a means that is reasonably calculated to assure delivery to all other parties by the earlier of (1) the time when delivery to the court is due under this rule, or (2) the time when the document is actually delivered to the court. Such means include, but are not limited to, personal delivery, facsimile transmission (fax), email, and other means of electronic transmission that are no slower than fax (Adopted 1/1/1997, Repealed 1/1/2021, Reinstated/Eff and renumbered 7/1/2023, Formerly Rule 4.9, Rev. 7/1/2024, 1/1/2025) 4.11 VOIR DIRE The trial judge shall conduct general voir dire. Counsel will be permitted to conduct supplemental questioning (Adopted 1/1/1997, Repealed 1/1/2021, Reinstated/Eff and renumbered 7/1/2023, Formerly Rule 4.10) 4.12 DISPOSITION OF FICTITIOUS DEFENDANTS (CROSS-DEFENDANTS) All unnamed parties (unknown defendants as described in Code of Civil Procedure § 474) must be disposed of, i.e., dismissed with or without prejudice, prior to entry of judgment. Failure to comply may result in any judgment being returned unsigned or in the issuance of an order to show cause entailing possible sanctions. (Eff. 1/1/1997; Repealed 1/1/2021, Reinstated 7/1/2024) 4.13 TEMPORARY JUDGE (PRO TEM) TRIALS A. Stipulation A civil case may be tried by a temporary judge, with or without jury, pursuant to the stipulation of the parties, and subject to approval by the Court. Each temporary judge must be an active member of the State Bar with at least five (5) years’ experience, or a retired judge and approved by the Presiding Judge or the Supervising Judge of the Civil Division of the Sonoma County Superior Court. B. Court Facilities and Personnel Court facilities (including the courtroom at any location in Sonoma County), court personnel and juror services may be used for the trial; subject to a finding by the presiding judge that such use would further the interests of justice. The court personnel in attendance at the trial will include a court clerk and court reporter, unless otherwise stipulated by the parties and approved by the Presiding Judge or Supervising Judge of the Civil Division. C. Compensation The stipulation must include the rate of compensation to be paid by the parties for the services of the court clerk and court reporter; and the rate of compensation to be paid for the temporary judge, if any. The rate of compensation must be allocated between the parties as set forth in the stipulation for each trial, and paid upon demand of the pro tem court clerk. D. Notice of Temporary Judge Calendar The Assigned Judge may, from time to time, notify parties in pending civil cases in advance of the availability of temporary judges and the location of court facilities for the trial of civil cases and available trial dates. E. Other Rules The stipulation and civil trial by any temporary judge shall be in accordance with Rule 2.831, California Rules of Court, which latter rule shall govern in the event of any conflict with these local rules. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 1/1/2014, 1/1/2016, Renumbered 1/1/2023) 4.14 DISCOVERY FACILITATOR PROGRAM A. Policy of the Sonoma County Superior Court It shall be the policy of the Sonoma County Superior Court to encourage use of the Discovery Facilitator Program in connection with any discovery dispute that arises in a civil case. Participation in the Discovery Facilitator Program shall be deemed to satisfy a party's obligation to meet and confer under applicable law. All Discovery Facilitator Program related documents, with the exception of the moving papers and any opposition and reply thereto, shall be submitted to the Civil Clerk’s office for review and processing. It is intended that participation in the Discovery Facilitator Program shall not delay the scheduling or hearing of any discovery motion. NOTE: CODE OF CIVIL PROCEDURE § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO THIS RULE. B. Discovery Facilitator Panel A list of qualified discovery facilitators shall be maintained at the Sonoma County Superior Court, with the assistance of the Sonoma County Bar Association. Each panelist must be an active member of the State Bar with at least ten (10) years’ experience, or a retired judge, and approved by the Presiding Judge or the Supervising Judge of the Civil Division of the Sonoma County Superior Court. C. Participation by Stipulation A discovery dispute or potential dispute may be referred to the Discovery Facilitator Program pursuant to stipulation by the parties or their counsel of record. See subsection 4.14 E for additional rules regarding the section of a discovery facilitator. D. Mandatory Participation The Court may require participation in the Discovery Facilitator Program in the following instances: 1. At any time after the filing of a discovery motion, the Court may, in its discretion, issue an Order referring the motion to the Discovery Facilitator Program. In the event any party desires not to submit the motion to the Discovery Facilitator Program, within five (5) calendar days of service of the order referring the case to the Discovery Facilitator Program, such party may file with the Civil Clerk’s office a “Notice of Intent to Opt Out of Discovery Facilitator Program”, and the order issued pursuant to this subparagraph shall be vacated. 2. In the event any party desires a dispute or potential dispute to be included in the Discovery Facilitator Program, such party may request referral to the program in paragraph 19 (entitled, “Other Issues”) of the Case Management Statement. The Court shall hear from all parties on the issue at the case management conference, and shall determine, in its discretion, whether such dispute or potential dispute shall be included in the Discovery Facilitator Program. 3. In the event a party desires that a dispute or potential dispute be included in the Discovery Facilitator Program prior to the time of the next scheduled case management conference, or at a time when no further case management conferences are scheduled, such party may bring a motion in accordance with Sonoma County Local Rules, Rule 5, and applicable provisions of the Code of Civil Procedure and California Rules of Court, for referral of the matter to the Discovery Facilitator Program. Such motion must be accompanied by a declaration setting forth a basis for good cause for inclusion in the program. E. Selection of a Discovery Facilitator The moving party shall contact opposing party(ies) and make a reasonable and good faith attempt to informally select a discovery facilitator from the list of potential discovery facilitators maintained by the Sonoma County Superior Court. The parties shall promptly notify the Court by filing a stipulation with the Civil Clerk’s office if they choose a facilitator on their own. If the parties cannot agree, the moving party shall contact the Assigned Judge’s judicial assistant, and the discovery facilitator shall be selected as follows: 1. The judicial assistant shall select, at random, a number of names from the list of potential discovery facilitators equal to the number of sides, plus one, and mail to the parties or their counsel of record, the “Notice and Order Re: Inclusion in Discovery Facilitator Program”. 2. Each side has five (5) calendar days from the date of service by mail of the “Notice and Order Re: Inclusion in Discovery Facilitator Program” to file a written rejection entitled “Notice of Rejection of Discovery Facilitator” (to be submitted to the Civil Clerk’s office), of no more than one name on the list. If there are two or more parties on a side, they must join in the rejection of a single name. 3. Promptly on the expiration of the five (5) day period, the judicial assistant shall appoint, at random, one of the persons on the list whose name was not rejected, if more than one name remains. 4. The judicial assistant shall assign the case to a discovery facilitator and shall serve by mail the “Notice and Order of Appointment of Discovery Facilitator” on all parties or their counsel of record. Upon receipt of the “Notice and Order of Appointment of Discovery Facilitator”, the parties shall forthwith deliver to the facilitator copies of all pleadings concerning the discovery dispute. The discovery facilitator shall establish the procedures in each case to be utilized by the parties, through telephone conferences, exchange(s) of letters or emails, and/or in-person conferences for discussion and possible resolution of the discovery dispute. F. Compensation The discovery facilitator shall devote up to two hours, without charge to any of the parties, in an attempt to facilitate resolution of the discovery dispute. In the event a resolution cannot be achieved within that period of time, the parties may agree to continue with the discovery facilitator provided that agreement is reached between and among the parties and the discovery facilitator as to compensation of the discovery facilitator. G. Resolution In the event a resolution of the discovery dispute is achieved, the facilitator shall notify the Court in writing of the disposition and shall serve a copy on all parties, not later than five (5) court days before the scheduled law and motion hearing date. In the event the parties are unable to resolve the discovery dispute with the discovery facilitator, the discovery facilitator shall prepare and serve on all parties or their counsel of record a report which contains the following information: 1. A brief summary of the dispute and contentions of the parties; 2. Any legal or factual analysis made by the discovery facilitator in connection with their role in attempting to resolve this dispute; 3. A statement indicating whether moving and/or opposing parties met and conferred in good faith. The facilitator shall file such report with the court no later than five (5) court days before the scheduled law and motion hearing date for this discovery issue. (Eff. 1/1/2008; Rev. 1/1/2009, 7/1/2009, 1/1/2014, 7/1/2015, 1/1/2016, Rev. and renumbered 1/1/2023, Rev. 7/1/2024) 4.15 READINESS CONFERENCE [Repealed] Rule 4.14 repealed effective January 1, 2021, adopted effective January 1, 1997; renumbered January 1, 2016. Formerly Rule 4.14 4.16 MATTERS AFFECTED BY BANKRUPTCY A. Any party or counsel for a party in a matter pending before this court who acquires knowledge of a proceeding in bankruptcy which may cause or impose a stay of proceedings in this court shall promptly give notice of such bankruptcy proceedings as set forth below. 1. The notice required by subdivision (A) above shall be filed with the court. Said notice shall also be served on all parties to the litigation. The subject notice shall include: (a) a copy of the most recent order of the bankruptcy court and of any stay order issued by that court; and (b) An explanation of whether a stay order or an automatic stay is in effect and why the stay applies to the pending litigation, appeal, or writ proceeding. Any party disputing the notifying party's documentation or explanation shall promptly serve and file an opposing statement addressing all such concerns. 2. Any party may, at any time, file and serve notice of any circumstances or orders permitting the proceeding to proceed, including evidence that the bankruptcy stay has been lifted, the bankruptcy proceeding has been dismissed, or a party has obtained relief from the stay. (Eff. 1/1/2013; Renumbered 1/1/2016; Rev. 1/1/2021, Renumbered 1/1/2023) 4.17 DEMURRER FACILITATOR PROGRAM A. Policy of the Sonoma County Superior Court It shall be the policy of the Sonoma County Superior Court to encourage use of the Demurrer Facilitator Program in connection with any demurrer that is filed with respect to any pleading in a civil case. Participation in the Demurrer Facilitator Program shall be deemed to satisfy a party's obligation to meet and confer under applicable law. All Demurrer Facilitator Program related documents, with the exception of the moving papers and any opposition and reply thereto, shall be submitted to the Civil Clerk’s office for review and processing. It is intended that: 1) participation in the Demurrer Facilitator Program shall not delay the scheduling or hearing of any demurrer; and 2) demurrer facilitators shall not render substantive findings of fact or law, as their purpose shall be to encourage voluntary resolution through a facilitative process. NOTE: CODE OF CIVIL PROCEDURE § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO THIS RULE. B. Demurrer Facilitator Panel A list of qualified demurrer facilitators shall be maintained at the Sonoma County Superior Court, with the assistance of the Sonoma County Bar Association. Each panelist must be an active member of the State Bar with at least ten (10) years’ experience, or a retired judge, and approved by the Presiding Judge or the Supervising Judge of the Civil Division of the Sonoma County Superior Court. C. Participation by Stipulation A dispute or potential dispute regarding a demurrer and any corresponding motion (i.e., demurrer and motion to strike) may be referred to the Demurrer Facilitator Program pursuant to stipulation by the parties or their counsel of record. D. Mandatory Participation The Court may require participation in the Demurrer Facilitator Program in the following instances: 1. At any time after the filing of a demurrer the Court may, in its discretion, issue an order referring the demurrer to the Demurrer Facilitator Program. In the event any party desires not to submit the motion to the Demurrer Facilitator Program, within five (5) calendar days of service of the order referring the case to the Demurrer Facilitator Program such party may file with the Civil Clerk’s office a “Notice of Intent to Opt Out of Demurrer Facilitator Program,” and the order issued pursuant to this subparagraph shall be vacated. 2. In the event any party desires a dispute or potential dispute to be included in the Demurrer Facilitator Program, such party may request referral to the program in paragraph 19 (entitled, “Other Issues”) of the Case Management Statement. The Court shall hear from all parties on the issue at the Case Management Conference and shall determine, in its discretion, whether such dispute or potential dispute shall be included in the Demurrer Facilitator Program. 3. In the event a party desires that a dispute or potential dispute be included in the Demurrer Facilitator Program prior to the time of the next scheduled Case Management Conference, or at a time when no further Case Management Conference is scheduled, such party may bring a motion in accordance with Sonoma County Local Rule 5, and applicable provisions of the Code of Civil Procedure and California Rules of Court, for referral of the matter to the Demurrer Facilitator Program. Such motion must be accompanied by a declaration setting forth a basis for good cause for inclusion in the program. E. Selection of a Demurrer Facilitator The moving party shall contact opposing party(ies) and make a reasonable and good faith attempt to informally select a demurrer facilitator from the list of potential demurrer facilitators maintained by the Sonoma County Superior Court. The parties shall promptly notify the Court by filing a stipulation with the Civil Clerk’s office if they choose a facilitator on their own. If the parties cannot agree, the moving party shall contact the Assigned Judge’s judicial assistant, and the demurrer facilitator shall be selected as follows: 1. The judicial assistant shall select, at random, a number of names from the list of potential demurrer facilitators equal to the number of sides, plus one, and mail or email to the parties or their counsel of record the “Notice and Order Re: Inclusion in Demurrer Facilitator Program.” 2. Each side has five (5) calendar days from the date of service of the “Notice and Order Re: Inclusion in Demurrer Facilitator Program” to file a written rejection entitled “Notice of Rejection of Demurrer Facilitator” to be submitted to the Civil Clerk’s office, of no more than one name on the list. If there are two or more parties on a side, they must join in the rejection of a single name. 3. Promptly on the expiration of the five (5) day period, the judicial assistant shall appoint, at random, one of the persons on the list whose name was not rejected, if more than one name remains. 4. The judicial assistant shall assign the case to a demurrer facilitator and shall serve by mail or email the “Notice and Order of Appointment of Demurrer Facilitator” on all parties or their counsel of record. Upon receipt of the “Notice and Order of Appointment of Demurrer Facilitator,” the parties shall forthwith deliver to the demurrer facilitator copies of all pleadings concerning the discovery dispute. The demurrer facilitator shall establish the procedures in each case to be utilized by the parties, through telephone conferences, exchange(s) of letters or emails, and/or in-person conferences for discussion and possible resolution of the dispute. F. Compensation The demurrer facilitator shall devote up to (2) hours, without charge to any of the parties, in an attempt to facilitate resolution of the dispute. In the event a resolution cannot be achieved within that period of time, the parties may agree to continue with the demurrer facilitator provided that agreement is reached between and among the parties and the demurrer facilitator as to compensation of the demurrer facilitator. G. Resolution In the event a resolution of the discovery dispute is achieved, the facilitator shall notify the Court in writing of the disposition and shall serve a copy on all parties, not later than five (5) court days before the scheduled law and motion hearing date. In the event the parties are unable to resolve the discovery dispute with the discovery facilitator, the discovery facilitator shall prepare and serve on all parties or their counsel of record a report which contains the following information: 1. A brief summary of the dispute and contentions of the parties; 2. Any legal or factual analysis made by the discovery facilitator in connection with their role in attempting to resolve this dispute; 3. A statement indicating whether moving and/or opposing parties met and conferred in good faith. The facilitator shall file such report with the court, no later than five (5) court days before the scheduled law and motion hearing date for this discovery issue. (Eff. 7/1/2014, Rev. 7/1/2015, 1/1/2016, Rev. and renumbered 1/1/2023) 4.18 POST-TRIAL MATTERS On the same day that post-trial documents are filed, including, but not limited to, post-trial motions, opposition and replies, parties shall deliver courtesy copies of the filed documents directly to the department’s drop box where the matter was tried. (Eff. 7/1/2014, Renumbered 1/1/2016, Rev. 1/1/2020, Renumbered 1/1/2023) 4.19 WRITS OF MANDATE CHALLENGING GOVERNMENT APPROVALS AND CEQA MATTERS A. Applicability This rule applies to all matters involving the California Environmental Quality Act (“CEQA”) including matters that combine a CEQA cause of action with other causes of action. B. Assigned Judge The “Assigned Judge” is the judge assigned to the matter as is set forth in Local Rule 4.2. C. Alternative Dispute Resolution All counsel shall review Government Code §§ 66030-66035, and Public Resources Code §§ 21167.8 and 21167.9, or their successor rules or statutes, and shall be prepared to discuss Alternative Dispute Resolution during the initial Case Management Conference. D. Initial Case Management Conference All parties who have been served shall appear in person or by phone for an early initial Case Management Conference. All parties shall be prepared to discuss the following items at this conference: Alternative Dispute Resolution, status of service and pleadings, status of record preparation, status of request for hearing, setting of briefing schedule and hearing date, setting a future Case Management Conference date, and other matters that require the court’s attention. E. Administrative Record 1. Contents: The lead agency shall resolve any disputes over the contents of the Administrative Record. Any party who disagrees with the contents of the record may file a Motion to Augment or Strike the Record in accordance with this Rule. 2. Format and Lodging: All Administrative Records for actions filed under CEQA shall comply with the California Rules of Court, Rules 3.2200 through 3.2208. a. The entire administrative record shall be lodged in electronic format, pursuant to California Rules of Court, Rule 3.2206, giving the court authority to order the entire record to be filed in electronic format. i. Exception to required electronic format. The only exception to the requirement that the entire record be provided in electronic format is for any portion for which, as set forth with California Rules of Court, Rule 3.2207(b), it is not feasible to create an electronic version. b. Unless the Court orders otherwise, the party preparing the record shall also lodge and serve documents identified in California Rules of Court, Rule 3.2205(a)(1)(A)-(G) in paper format. The paper portion of the record may be bound or submitted in binders. The remainder of the record, in chronological order as identified in Rule 3.2205(a)(1)(H), shall be provided solely in electronic format, unless this court orders otherwise or a party requests a paper copy in accordance with California Rules of Court, Rule 3.2206. c. Should any party cite to a portion of the record that is otherwise lodged and served only in electronic format, the party must also lodge and serve a paper copy of cited pages by providing them together as an appendix of excerpts as noted in Rule 2.2205(c). These shall be bound either as the record is bound or in binders or in other format approved by the Court. d. The electronic version of the index required under California Rules of Court, Rule 3.2205(b) shall include hyperlinks to the indexed documents. e. Any record or portion thereof that is lodged in electronic format shall be clearly labeled on the medium itself and presented in a labeled envelope and shall be attached to the portion of the record containing the paper index. f. Should the court require a paper copy of any portion of the record which originally had been lodged only in electronic format, the submitting party shall provide, at its expense, a paper copy within 14 days of a court order to do so. This obligation lasts as long as the applicable record retention period. The timing of the lodging of a hardcopy of the record with the Clerk of the Court shall be as ordered in a Case Management Order. g. Citations to the administrative record in the briefs shall include Hyperlinks to the cited portion of the electronic records. F. Motions to Augment or Strike Any party who wishes to file a Motion to Augment or Strike the Administrative Record shall file its motion at the same time that party’s opening brief on the merits is filed. Briefs on Motions to Augment or Strike shall be separate from the briefs on the merits and shall adhere to California Rules of Court, Rule 3.1113. Opposition and Reply briefs for Motions to Strike shall be filed at the same time as Opposition and Reply briefs on the merits. G. Motions, Demurrers, Orders to Show Cause, and Other Matters Requiring a Hearing All motions, demurrers, requests for orders to show cause, and other matters or applications requiring a hearing in any action involving CEQA shall be filed and calendared directly through the department in which the action is set. They shall not be filed and calendared through the Clerk’s Office. (Eff. 1/1/2016, Renumbered 1/1/2023, Revised 7/1/2024)
RULE 4 RULES APPLICABLE TO ALL CIVIL CASES 4.1 DIFFERENTIAL CASE MANAGEMENT A. The following rules are adopted to advance the goals of the Trial Court Delay Reduction Act set forth in Government Code §§ 68603, et seq., and addressed by §§ 2.1 and 2.2 of the Standards of Judicial Administration and California Rules of Court, Rules 3.710 et seq., all incorporated herein by reference. It is the inten
Reviewer note: Composed 2026-10-08 (California T4 Sonoma build 2026-10-08) from BenchPath custody ca/t4/ca-sonoma/docs/local-rules/local-rules-working-jul-2026-new-address-update.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 1515969 bytes, sha256 e3a9b3a99af553adf4c33851ccbc58bbbfb1020ec74e105c1225b9e6d076c102; 204 pages) with the shared verbatim composer (v2 reflow) over Rules 1 to 21 (PDF pages 8 to 189), each rule composed alone from its first page to the page before the next rule's: each page's running header (“SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SONOMA”, two rules of underscores and the page number) removed as chrome; lines reflowed into the rules' paragraphs; eight breaks the reflow made before a citation or history note's “Rule N.N” at a line start rejoined and eleven paragraph, heading, history and list-line breaks it ran together set back (19 whitespace-only fixes, build/book-fixes.json; the vertical-gap audit finds no joined break left); four struck characters (tracked deletions on PDF pages 70, 98, 176 and 184; the strike report) left out; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the court's judicial officers, the table of contents, the index, the forms listings and the list of currently effective rules belong to no rule. Review note: The court's Civil Settlement Conferences page (held) cites "Local Rule 4.7" for the mandatory settlement conference and links an earlier edition's text; in the book in force Rule 4.6 is the mandatory settlement conference and Rule 4.7 the jury demand.
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.
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.