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Rules 3.00 to 3.07: the civil rules applying to all civil cases, limited and unlimited, the Civil Clerk's Office at the City Towers Building conforming a maximum of two (2) copies (3.00); each civil case randomly assigned to a judicial officer for all purposes including trial, plaintiffs notifying all parties of the direct assignment and filing a proof of service within five (5) days, and peremptory challenges within fifteen (15) days (3.00.1); law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved by calling (209) 530-3162, the moving documents filed within five (5) court days or the reservation cancelled, tentative rulings after 1:30 p.m. the court day before the hearing, a hearing requested by calling the calendar line or e-mailing civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party, and a staff court reporter requested by 4:00 p.m. the day before, hearings lasting more than an hour billed at $350 or, after the noon hour, $700 (3.01(A) to 3.01(E)); an ex parte hearing scheduled by the assigned department's bailiff or courtroom clerk, the request and supporting papers e-filed by 10:00 a.m. on the court day before the hearing or the hearing dropped, and a staff reporter at a $30 reporter fee for any hearing under an hour (3.01(F) and 3.01(G)); an elisor - the Clerk of the Court or Clerk's Designee - appointed on an ex parte application, the documents to be signed attached to the proposed order (3.01.1); the Notice of Case Management Conference (CV-003) filed with a new case and the conference set about one hundred twenty (120) to one hundred fifty (150) days after filing, collection cases set for trial on the local Case Management Conference Waiver form, notice of a telephonic appearance two (2) court days before a case management conference or by 4:00 p.m. the court day before a law and motion hearing, and monetary sanctions (3.02); an unlawful detainer complaint filed with the Notice of Review re: Court's Motion to Dismiss (CV011), trial set on form UD-150, non-jury trials within twenty (20) days, and ex parte papers filed by 2:00 p.m. on the court day before the hearing, requests to stay an eviction or set aside a default set by the clerk (3.03); responsive papers to an Order to Show Cause filed and served no less than five (5) court days before the hearing (3.04); mandatory settlement conferences about fifteen (15) days before trial, monetary sanctions, and a conditionally settled case dismissed under Code of Civil Procedure section 664.6 only on a signed writing or an oral agreement made in open Court (3.05); the Civil Action Mediation Program, the Temporary Assigned Judges Civil Mediation Program and Judicial Arbitration, considered at the initial case management conference, eligible cases referred to an ADR option there (3.06); the Civil Action Mediation Program, effective January 1, 2024, for nonexempt unlimited civil actions up to $50,000 and nonexempt limited civil cases - mediators from the Court's panel, selected by the Court within thirty (30) days of the referral, $200 per side paid to the Court within ten (10) days of the mediation order, fees forfeited without five (5) days' notice of a settlement, a representative with full authority, confidentiality, completion no later than sixty (60) days before trial with the Mediator's Report within ten (10) days, the mediation complaint procedure and sanctions (3.06.01); the Temporary Assigned Judges Civil Mediation Program, offered from August 12, 2024 - free, voluntary mediation by retired judges, requested on form CV-018 before or within 14 days after the initial Case Management Conference, sessions Monday through Friday from 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:00 p.m., completed at least thirty (30) days before any settlement conference (3.06.02); and judicial arbitration of unlimited civil cases up to $50,000 not mediated, without fees posted by the parties, arbitrators reimbursed at $150 per case (3.07).
RULE 3 CIVIL CASES 3.00 Application of Rules These rules apply to all civil cases, limited and unlimited. The term “civil case” includes the compromise of personal injury claims of minors and incompetent persons. The term "civil case" does not include criminal, traffic, family law, small claims, or probate matters (including mental health and adoption). (7/1/20) The Civil Clerk’s Office is located
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 27 to 40, printed pages 27 to 40) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) belong to no card. Review note: From August 17, 2026 the Civil, Probate Division and Small Claims Division pages (carded) direct “all ex parte hearing requests” to the civil courtroom clerks' e-mail address; Rule 3.01(F) has the requesting party contact the assigned department, whose bailiff or courtroom clerk schedules the hearing. The court's Judicial Arbitration page (held) says “The arbitrator collects fees from the parties”; Rule 3.07 says the parties will not be required to post fees and arbitrators are reimbursed at $150 per case. The court's Voluntary Mediation page (held) describes a Voluntary Mediation Program - the Stipulation and Order to ADR (STAN 100) returned with $400, the notice STAN 220, the Mediator's Report STAN 230, sanctions up to $300 - that Rule 3.06 does not name; the Stipulation and Order to ADR (STAN-100, February 27, 2018) in the court's ADR information packet cites Stanislaus County Rule of Court 3.10(D)(4) and 3.11(C)(2), rule numbers this book gives to interpreters and punctuality (read on the scanned form).
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 > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 3 CIVIL CASES 3.00 Application of Rules These rules apply to all civil cases, limited and unlimited. The term “civil case” includes the compromise of personal injury claims of minors and incompetent persons. The term "civil case" does not include criminal, traffic, family law, small claims, or probate matters (including mental health and adoption). (7/1/20) The Civil Clerk’s Office is located at the City Towers Building, 801 10th Street, Fourth Floor, in Modesto, California. The official mailing address is: Stanislaus County Superior Court – Civil Division City Towers Building 801 10th Street, 4th Floor Modesto, CA 95354 The telephone number is (209) 530-3100. Unless otherwise required by law, the Clerk's Office will conform a maximum of two (2) copies. (1/1/19) 3.00.1 Direct Calendaring of Most Civil Cases A. Except as otherwise ordered, when a civil case is filed or received and filed as a transfer from another county, the Court shall randomly assign the case to a judicial officer for all purposes including trial, except as otherwise provided or required by law. (1/1/19, 7/1/23) B. At the time of initial filing or initial receipt of the file, the Clerk’s Office shall affix to the face of the complaint or petition and to the notice of case management conference, the following notice: "THIS CASE HAS BEEN ASSIGNED TO JUDGE -------------------, DEPARTMENT ------------FOR ALL PURPOSES INCLUDING TRIAL". In the event of unavailability, another judge or an assigned or temporary judge may handle cases directly assigned to the unavailable judge, but the case shall remain directly assigned to the unavailable judge who shall handle all matters related to the case upon their return. (1/1/19, 7/1/23) C. Plaintiffs, including cross complainants, shall notify all parties of the direct assignment when so notified by the Court and said parties shall notify all parties who later enter the case of the direct assignment. Plaintiffs and cross complainants shall file a proof of service of their notification of the direct assignment within five (5) days after the notice is served. D. In all civil cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes. E. Time limits for peremptory challenges for plaintiffs shall be within fifteen (15) days after the filing of the complaint and receiving notice of the assignment and, for defendants, within fifteen (15) days after filing the first pleading or appearance. See CCP §170.6(a)(2). (1/1/19) 3.01 Law and Motion/Ex Parte Hearings A. Law and motion is heard Tuesday through Friday at 8:30 a.m. If Monday is a Court holiday, then Wednesday through Friday. If you would like to reserve a date for a law and motion matter to be heard, call (209) 530-3162, 11:00 a.m. – 4:00 p.m. B. All moving documents shall be filed not later than five (5) court days after you reserve your law and motion hearing date. Law and motion reservations will be cancelled without further notice to the reserving party if the moving documents are not filed within five (5) court days after the reservation is made. C. Tentative rulings will be issued on law and motion matters the court day prior to the hearing date. Tentative rulings can be accessed on the Internet at https://www.stanislaus.courts.ca.gov/ after 1:30 p.m. D. You may request a hearing on a law and motion matter by calling the calendar line at (209) 530-3162 prior to 4:00 p.m. or by e-mailing at civil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive a confirmation e-mail from the clerk, you MUST call (209) 530-3162 to request your hearing. If you request a hearing on a law and motion matter, you must also notify the opposing party or their counsel of your request. E. You may request a staff court reporter to cover a law and motion hearing by calling the Supervising Court Reporter at (209) 530-3105 or by emailing civilreporters@stanct.org. Requests must be made by 4:00 p.m. the day before the law and motion hearing and confirmed by return email or phone call. Priority coverage for a staff court reporter is given to Departments 21 and 23 on Wednesday and Friday; and to Departments 22 and 24 on Tuesday and Thursday. 1. If a Superior Court staff reporter is not available to report the law and motion hearing, then the party, at their own expense, may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter pursuant to California Rules of Court, rule 2.956. 2. Only one court reporter will be allowed per hearing; therefore, parties must check with the Supervising Court Reporter regarding the availability of a staff court reporter prior to engaging a pro tempore reporter. The Supervising Court Reporter can be contacted via e-mail to civilreporters@stanct.org or by phone at (209) 530-3105. 3. A party with an approved fee waiver may request an official court reporter to cover a law and motion hearing within the time limits set forth in this rule at no expense to the party. An approved fee waiver does not cover the cost of a reporter’s transcript. 4. Any law and motion hearing lasting more than an hour will be billed at the ½ day rate of $350. If the hearing continues after the noon hour, then the full day rate of $700 applies. F. Parties requesting an ex parte hearing shall contact the assigned department. The bailiff/courtroom clerk of the department will schedule the hearing. The moving party shall then e-file its ex parte hearing request and supporting papers with the Clerk’s Office no later than 10:00 a.m. on the court day prior to the scheduled ex- parte hearing. (Parties not required to utilize e-filing may hand file their ex parte hearing request and supporting documents with the Clerk’s Office no later than 10:00 a.m. on the court day prior to the scheduled ex parte hearing.) If the ex parte hearing request and supporting paperwork is not filed with the Clerk’s Office by 10:00 a.m. on the court day prior to the scheduled hearing (whether by e-filing or by hand) the ex parte hearing will be dropped. Notice of the ex parte hearing shall be given as prescribed in California Rules of Court rule 3.1203. G. You may request a staff court reporter to cover an ex parte hearing by calling the Supervising Court Reporter at (209) 530-3105 or emailing civilreporters@stanct.org at the same time you request an ex parte hearing. 1. If a staff reporter is not available to report the ex parte hearing, then the party, at their own expense, may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter pursuant to California Rules of Court, rule 2.956. If a staff court reporter is available to report an ex parte hearing, the party requesting the reporter shall pay a $30 reporter fee for any hearing under an hour. 2. Only one court reporter will be allowed per hearing; therefore, parties must check with the Supervising Court Reporter as set forth in 3.01(G) regarding the availability of a staff court reporter prior to engaging a pro tempore reporter. 3. A party with an approved fee waiver may request an official court reporter to cover an ex parte hearing at no expense to the party. The request must be made in a timely fashion as set forth in this rule. An approved fee waiver does not cover the cost of a reporter’s transcript. 4. Any ex parte hearing lasting more than an hour will be billed at the ½ day rate of $350. If the hearing continues after the noon hour, then the full day rate of $700 applies. (Rule 3.01 [1/1/22, 9/1/22, 7/1/23] amended January 1, 2024) 3.01.1 Appointment of Elisors: Where one of the parties will not or cannot execute a document/documents necessary to carry out a court order, the clerk of the court, or their authorized representative or designee may be appointed as an elisor to sign the document(s). An application for appointment of an elisor may be made ex parte. The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor. When applying for appointment of an elisor, the application and proposed order must designate "The Clerk of the Court or Clerk’s Designee" as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document(s). The application must not set forth a specific court employee by name. The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order. The original document(s), presented for signature by the elisor, must match the copy of the document(s) attached to the proposed order. If the elisor is signing a document/documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s). (Rule 3.01.1 [1/1/18] amended July 1, 2024) 3.02 Civil - Case Management A. Case-disposition Time Goals The goal of this Court is to manage general civil cases from filing to disposition as provided under Section 2.1 and 2.2 of the Standards of Judicial Administration. B. Case Management Conference At the time of filing a new case, Plaintiff shall file CV-003 “Notice of Case Management Conference”. The Court will set the case for a case management conference approximately one hundred twenty (120) to one hundred fifty (150) days after the date of filing. Plaintiff and any cross-complainant shall give notice of the case management conference to the defendant(s) or cross-defendant(s) at the time of service. The case management conference shall be conducted pursuant to CRC 3.720-3.751. C. Limited Jurisdiction Collection Cases Limited jurisdiction civil collection cases will not be scheduled for a case management conference unless one is specifically ordered by the Court. At the time of filing, the Plaintiff shall file the local Case Management Conference Waiver form and the Clerk's Office will assign a trial date for each such case. The plaintiff shall thereafter give notice of the trial date to each defendant at the time of service. D. Telephone Appearances Unless specifically ordered to appear in person, parties may appear telephonically. For instructions on making a telephonic appearance please see the Court’s website at https://www.stanislaus.courts.ca.gov/. Notice to appear telephonically for a Case Management Conference must be given to the telephonic appearance service provider (as listed on the Court’s website) and all counsel or unrepresented litigants no later than two (2) court days prior to the Case Management conference date. Notice to appear telephonically for Court’s Motion to Dismiss, OSC to counsel, or Law and Motion hearings must be given to the telephonic appearance service provider (as listed on the Court’s website) and all counsel or unrepresented litigants by no later than 4:00 p.m. the Court day before the hearing. E. Sanctions Pursuant to Local Rule 1.03 and Code of Civil Procedure section 177.5, the court may impose monetary sanctions for the following: 1. Failure to appear at Case Management Conference (per party and attorney or party without an attorney); 2. Appearance without a Case Management Conference Statement on file; 3. Case Management Conference Statement not timely filed; and 4. Failure to meet and confer. (Rule 3.02 [1/1/19, 1/1/20, 1/1/21, 7/1/23, 1/1/24] amended January 1, 2025) 3.03 Unlawful Detainer Cases A. At the time of filing an Unlawful Detainer Complaint, the plaintiff shall file local form entitled Notice of Review re: Court’s Motion to Dismiss (CV011). B. In unlawful detainer cases, the parties may file a copy of the proof of service of 3, 30, or 60-day notice to quit/vacate, but must retain the original proof of service pursuant to California Rules of Court rule 2.257(b). (1/1/20) C. Trial Setting -Unlawful Detainer Unlawful Detainers may be set for trial by the filing of Judicial Council Form No. UD- 150 entitled Request/Counter-Request to Set Case for Trial-Unlawful Detainer. Short cause cases will be scheduled on the 8:30 a.m. Unlawful Detainer Calendar. Long cause cases will be scheduled on the 8:30 a.m. trial calendar. Long cause is considered to be any case lasting longer than thirty (30) minutes. A Counter-Request to Set Case for Trial-Unlawful Detainer (Judicial Council Form No. UD-150) must be filed within five (5) Court days. Non-jury trials will be set no more than twenty (20) days after the filing of the original Request to Set Case for Trial-Unlawful Detainer (Judicial Council Form No. UD-150). D. Ex Parte Hearings – Unlawful Detainer Parties requesting an ex parte hearing (other than for a stay of eviction or motion to set aside default) shall contact the assigned department. The bailiff/courtroom clerk of the department will schedule the hearing. The moving party shall file its moving papers no later than 2:00 p.m. on the court date prior to the scheduled hearing. Notice of the ex parte hearing shall be given as prescribed in California Rules of Court rule 3.1203. Ex parte hearing requests for a stay of eviction and/or a motion to set aside default are not scheduled with the bailiff/courtroom clerk, but rather are set by the clerk of the court, either at the counter or via e-filing. These ex parte hearing requests shall be filed with the Clerk’s Office no later than 2:00 p.m. on the court day prior to the requested hearing date. Notice of these ex parte hearings must also be given to the opposing party as prescribed in California Rules of Court rule 3.1203. (1/1/12, 1/1/20) 3.04 Orders to Show Cause When the Court issues an Order to Show Cause, responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days before the hearing. The Court may issue monetary or evidentiary sanctions and/or dismiss the complaint/ cross-complaint, answer, or other pleading. (1/1/19) 3.05 Mandatory Settlement Conferences A. All "general civil cases" are required to have a mandatory settlement conference approximately fifteen (15) days prior to trial. Short cause matters (one day or less) will not ordinarily be set for a settlement conference. The procedures for mandatory settlement conferences set forth in California Rules of Court, rule 3.1380, apply. Pursuant to Local Rule 1.03 and Code of Civil Procedure section 177.5, the court may impose monetary sanctions for the following: 1. Failure to appear at Settlement Conference (per party and attorney or party in pro per); 2. Appearance without a Settlement Conference Statement on file; 3. Appearance with unfiled Settlement Conference Statement or Settlement Conference Statement filed day of the Settlement Conference; and 4. Settlement Conference Statement not timely filed. B. Conditional Settlement If a case is conditionally settled, the case shall be dismissed without prejudice pursuant to Code of Civil Procedure section 664.6 only if there is a writing signed by the parties and filed with the Court or an oral agreement made in open Court. If a default occurs in the settlement, the non-defaulting party may have the matter returned to the case management conference calendar by filing a declaration setting forth the default. (Rule 3.05 [1/1/19, 7/1/20] amended January 1, 2025) 3.06 Alternative Dispute Resolution (ADR) Programs The Court offers several methods of alternative dispute resolution (ADR) - including the Civil Action Mediation Program, the Temporary Assigned Judges Civil Mediation Program and Judicial Arbitration. The parties are to assess and consider their ADR options prior to and at the initial Case Management Conference (CMC). The Court will assist the parties in selecting the most effective and appropriate ADR method at the CMC. All eligible cases will be referred to an ADR option at the CMC, if the parties have not agreed upon an ADR option prior to the CMC. (Rule 3.06 [1/1/19, 1/1/24, 7/1/24, 1/1/25] amended July 1, 2025) 3.06.01 – Civil Action Mediation Program A. Adoption of Civil Action Mediation Program. Effective January 1, 2024, and per the authority in Code of Civil Procedure section 1775.2, subdivision (b), the Court adopts the Civil Action Mediation Program set forth in Title 11.6 of the Code of Civil Procedure. Mediations conducted per the Civil Action Mediation Program (“the Mediation Program”) in Stanislaus County shall be subject to all applicable statutes and California Rules of Court concerning the Civil Action Mediation Program (e.g. Cal. Rules of Court, rule 3.870 et seq.). B. Matters to Which Mediation Program Applies. The following matters are subject to mediation: 1. All nonexempt unlimited civil actions filed on or after January 1, 2024, in which the amount in controversy does not exceed $50,000. 2. All nonexempt limited civil cases filed on or after January 1, 2024, except for small claims actions. 3. Any matter, regardless of filing date or the amount in controversy, in which the parties stipulate to mediation, provided the stipulation is filed at least ninety (90) days prior to trial, unless the Court permits a later time. C. Order to Mediation. Cases shall be referred to mediation whenever the Court determines from the facts as set forth in a Case Management Statement or as stated by counsel at any Case Management Conference, Trial Management Conference, or Mandatory Settlement Conference that the matter is subject to mediation per these rules and has not already been referred to mediation or any form of arbitration, unless good cause is found not to refer the matter. D. Panel of Mediators. The Court shall maintain a panel of mediators participating in the program. The ADR Committee (see California Rules of Court, Rule 10.783) shall review applications from potential mediators, evaluations of panel members, and make recommendations to the Supervising Civil Judge on the designation of panel mediators. The Supervising Civil Judge shall designate the panel members and may add or remove mediators from the panel at any time. E. Qualifications of Mediators. The panel shall consist of trained attorneys and specially trained and experienced non-attorney mediators. To be on the panel a mediator must meet all the following requirements: 1. Be of good character; and 2. Be an attorney in good standing with at least five (5) years of civil litigation experience, or, if not an attorney, have served professionally as the mediator in at least ten cases in the two (2) years immediately preceding submission of the panel application; and 3. Have completed a training program approved of by the Court’s ADR committee, or have equivalent experience and be approved by the Supervising Civil Judge; 4. Comply with all applicable ethics requirements and Rules of Court. F. Selection of Mediator. 1. If the parties have a preference for a mediator, counsel shall provide the name, address, and telephone number of the preferred mediator to the Court's ADR Administrator within twenty (20) days of the referral to mediation. The statement of preference is not binding on the Court but may be considered in selecting the mediator. 2. The Court shall select the mediator from the Court's panel of mediators. The Court shall notify the parties of the name, address, and telephone number of the mediator selected by the Court within thirty (30) days of the referral to mediation. G. Fees and Filing Forms. The Civil Action Mediation Program is self-funded. Parties selecting a mediator from the Court panel shall pay $200 per side to the Court within ten (10) days of the mediation order. Each side shall pay the $200 fee, which shall be paid to the Court to cover the first two (2) hours of mediation. For purposes of paying the mediation fee, all plaintiffs are considered one side, and all defendants are considered one side. There will only be two (2) sides for the purpose of mediation fees. If the Court does not receive the entire fee within ten (10) days of the mediation order, the case may be ordered to judicial arbitration. Parties using private mediators, and parties requesting additional time from panel mediators, shall pay the mediators’ hourly fees for such services directly to the mediator. Parties shall forfeit mediator fees if they fail to complete the scheduled mediation or fail to notify the mediator of a settlement within five (5) days before the scheduled mediation. H. Appearance at Mediation Sessions. 1. For purposes of California Rules of Court 3.894, subsection (a), when a party is other than a natural person, it shall appear at the mediation sessions through a representative, other than the party's attorney, with full authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or legislative body, by a representative with authority to recommend such agreement. Failure of the representative to appear at the mediation session may be cause for sanctions. 2. “Full authority” to resolve the dispute means the person is empowered to make settlement decisions without telephone consultation with others. I. Related, Coordinated, and Consolidated Cases. Counsel in cases that have been related, coordinated, or consolidated shall inform the Court of all pending mediation proceedings in the related, coordinated, or consolidated cases. J. Interpreters. Any party desiring to use an interpreter during mediation must notify the ADR Administrator, all other parties, and the mediator at least ten (10) days prior to the first mediation session at which the interpreter will be used. Unless otherwise ordered by the Court, the party seeking the use of the interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. K. Ex Parte Communications. Ex parte communications refers to communications with the mediator outside the presence of the opposing counsel or self-represented party. Ex parte communications with the mediator are not prohibited. L. Confidentiality. 1. Mediations are confidential and subject to the confidentiality privilege set forth in Evidence Code sections 703.5 and 1115 through 1128. No communications or writings made in connection with the mediation may be disclosed to the assigned judge or to any other person not involved in the mediation, unless disclosure is agreed to by all parties or permitted by subsection (2), infra. The mediator shall require the parties and all persons attending the mediation to sign a confidentiality agreement at the first mediation session. 2. The following disclosures are permitted: (a) A disclosure stipulated to in writing by all parties and the mediator, or orally in compliance with Evidence Code section 1118; (b) A report to or inquiry by the ADR Administrator concerning a complaint against a mediator; (c) A disclosure made by any participant or the mediator in responding to an appropriate request for information made by persons authorized by the ADR Administrator to monitor or evaluate the Court's mediation program; (d) A disclosure required by law; (e) A settlement agreement signed by all parties waiving the confidentiality provision of Evidence Code section 1122 et seq., and containing a provision explicitly rendering the agreement enforceable per Code of Civil Procedure section 664.6; or, (f) A disclosure made in connection with a request for sanctions for a party's noncompliance with mediation. This disclosure shall be limited to the minimum facts needed to support the request. M. Completion of Mediation. The mediation must be completed no later than sixty (60) days before the trial date, unless the Court designates a different time frame. Mediation shall not affect the time periods of the trial. Within ten (10) days of completion of the mediation, the mediator will file a Mediator’s Report with the Court, which will indicate whether the case settled. Counsel shall complete and submit evaluation forms to the ADR Administrator. N. Mediation Complaint Procedure. Per California Rules of Court, rule 3.868, the Court adopts the following mediator complaint procedure: 1. Complaints are only accepted from a party to the action or the party's attorney. 2. The complainant must register their complaint in writing with the ADR Administrator. The written complaint must include the following information: (a) The names of the parties in the case and their attorneys; (b) The case number; (c) The most recent court date; (d) The name(s) of any mediation personnel (i.e. mediators or mediation clerks) with whom the complainant had contact; and, (e) A statement explaining the reasons for the complaint. 3. Upon receiving the complaint, the ADR Administrator will notify the complainant in writing that the Court has received the complaint. 4. The ADR Administrator shall review the complaint and determine whether the complaint can be informally resolved or closed, or whether the complaint warrants investigation. If the complaint warrants an investigation, the ADR Administrator shall take the following steps: (a) The ADR Administrator shall give notice of the complaint to the mediator and provide a reasonable opportunity to respond. (b) The complaint shall be investigated and a recommendation made concerning court action. The investigation shall be conducted by an investigator designated by the ADR Administrator or the Presiding Judge. The investigator shall provide their recommendation to the Presiding Judge or their designee. (c) The final decision shall be made by the Presiding Judge or their designee. Notice of the final action taken shall be sent by the Court to the complainant and, if the complaint was not resolved during the preliminary review by the ADR Administrator, to the mediator. O. Sanctions. Upon noticed motion and an opportunity to be heard, the Court may impose sanctions for failure to meaningfully participate in the mediation process. Sanctions may include, but are not limited to, mediator's fees and attorney fees and costs. Willful failure to meaningfully participate includes, but is not limited to, the following: 1. Non-appearance at the time set for the mediation of any person necessary to proceed to a meaningful conclusion. The parties may appear by telephone/remotely, however, for good cause shown the mediator may require in person attendance. 2. Requests to continue the mediation session less than ten (10) days before the scheduled mediation session, unless good cause is shown. 3. Failure to complete mediation within the time fixed, unless good cause is shown. (Rule 3.06.01 new and effective July 1, 2025) 3.06.02 – Temporary Assigned Judges Civil Mediation Program. Effective August 12, 2024, the Court began offering the Temporary Assigned Judges Civil Mediation Program (TAJCMP). TAJCMP offers free mediation services to help parties settle disputes without a trial. TAJCMP mediation is provided by retired judges who are trained as mediators. A. Matters to Which TAJCMP Applies. The following matters are eligible for mediation under TAJCMP: 1. Unlimited civil actions involving disputes in which the amount in controversy does not exceed $50,000. 2. Limited civil cases (excluding small claims). B. Voluntary Nature of TAJCMP. Mediation via TAJCMP is voluntary. If all parties agree to mediation at the Case Management Conference, the judge may refer the case to the TAJCMP mediation program. Parties can also request TAJCMP mediation by filing a “Stipulation to Temporary Assigned Judges Civil Mediation Program” (Form CV-018) before or within 14 days after the initial Case Management Conference. There is no fee charged to the parties for mediation pursuant to TAJCMP. Once the case is referred to TAJCMP, the Court will assign the mediator. C. TAJCMP Scheduling and Attendance. Mediation sessions will be held in-person, Monday through Friday, from 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:00 p.m. Remote appearances may be allowed under certain circumstances – at the assigned mediator’s discretion. Once a mediator is assigned, sessions will be scheduled at a convenient time for all parties. Mediation must be completed at least thirty (30) days before any settlement conference. The mediator, parties, and attorneys must attend, along with anyone the mediator requires. Each side must have someone with settlement authority present at the mediation. D. TAJCMP Forms. The following forms are specific to the TAJCMP program and are available on the Court’s website: www.stanislaus.courts.ca.gov. 1. Stipulation to Temporary Assigned Judges Civil Mediation Program (CV- 018). 2. Notice of Assignment of Mediator (CV-019). 3. Notice of Date, Time, and Place of Mediation (CV-020). 4. Mediator’s Report (CV-021). 5. Post Temporary Assigned Judges Civil Mediation Program Questionnaire (Litigants) (CV-022). 6. Post Temporary Assigned Judges Civil Mediation Program Questionnaire (Attorneys) (CV-023). (Rule 3.06.02 new and effective July 1, 2025) 3.07 Judicial Arbitration Pursuant to California Rules of Court, rule 3.811, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff must be arbitrated, if they are not mediated pursuant to one of the Court’s mediation programs. 1. The parties will not be required to post fees to participate in judicial arbitration. Arbitrators will continue to be reimbursed at $150 per case. The funding source will be the Trial Court funding allocation for arbitration. 2. Parties shall notify the Arbitration Hearing Officer and the Arbitration Clerk immediately in writing of the case settling with sufficient notice to allow the Arbitrator to schedule other matters. (Rule 3.07 [1/1/23, 1/1/25] amended July 1, 2025)
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.