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Section 12 (Rules 12.01 to 12.08): court designated child custody recommending counselors authorized to render a recommendation to the court as to custody or visitation, which the Court may consider without foundation (12.01(A)); the assignment of counselors an administrative function of Family Court Services, requests to assign or not assign a specific counselor not honored, requests for a change in assigned counselor and reports of general problems made to the Director of Family Court Services, reports about the Director to the Supervising Family Law Judge (12.01(B)); all declarations submitted to the counselor shall comply with California Rules of Court, Rule 2.100, no single declaration to exceed 10 pages nor the total submitted by or on behalf of any parent to exceed 30 pages, first filed with the court with a proof of service, served to ensure actual physical receipt not later than noon of the court day preceding the scheduled mediation session (12.01(C)); a party seeking testimony from the child custody recommending counselor at hearing or trial must make a written request to the Family Court Services office at 11 Court Street, Weaverville, CA 96093 at least three court days prior - when trial is scheduled to commence less than three court days after the Trial Setting Conference, no later than 5pm on the day of the Trial Setting Conference - a request for deposition testimony made in compliance with Government Code §§68097.1 and 68097.2, the party issuing the subpoena to contact the Family Court Services office prior to serving it, and, if electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply (12.01(D)); in any contested proceeding involving custody and/or visitation the court may appoint a child custody evaluator, the court to use Judicial Council form FL-327 (12.02(A)); the court will order payment of the evaluator at the time of the appointment, the evaluator may not withhold a report from the court because of the parties' failure to pay (12.02(B)); the evaluation conducted in conformance with Rule 5.220 by an evaluator who satisfies Rules 5.225 and 5.230 (12.02(C)); any evaluator appointed must file Judicial Council form FL-326, no peremptory challenges allowed (12.02(D)); evaluators may petition the court to withdraw, for good cause, in a writing (12.02(E)); a party may discuss a complaint with the evaluator directly, complaints not resolved informally directed to the appropriate licensing/regulatory board (12.02(F)); at least 10 days before the hearing regarding custody the evaluator shall file the written report and serve it (12.02(G)); reports placed into the case management system as a confidential document, disclosed only to the persons set forth, no party to attach the report to any pleading, substantial sanctions imposed for inappropriate disclosure (12.02(H)); communications with the evaluator governed by Family Code §216 and Rule 5.235 (12.02(I)); the Family Law Facilitator under Division 14 of the Family Code, under the supervision and at the direction of the Presiding Judge or the Presiding Judge’s designee, providing the services of Family Code §10004 and the additional duties of Family Code §10005 (12.03); this rule is intended to implement a family-centered case resolution process in conformance with CRC 5.83 (12.04(A)); the rule applies to all dissolution, legal separation, nullity, parentage and grandparent cases filed after January 1, 2012 (12.04(B)); following the case review, a family law judicial officer may issue a family centered case resolution order without an appearance (12.04(C)); the milestones for disposing of 90 percent of all cases within 18 months - a proof of service of summons and petition filed within 60 days, a request to enter default within 60 days after the response was due, the preliminary declaration of disclosure served within 60 days, and a judgment within 60 days of the entry of default (12.04(D)); an At-Issue Memorandum (Local Form) filed with a proof of service when the case is at-issue and ready to be set for trial, not filed if any affirmative pleading remains unanswered or preliminary disclosures have not been filed, a trial date not set upon the request of a party until it is filed (12.05(A)); any party not in agreement may file and serve a Counter At-Issue Memorandum within ten (10) days after service (12.05(B)); following the filing, the parties shall complete all final disclosures (12.05(C)); temporary spousal support under Family Code §3600 et seq., the “Santa Clara Rule” - 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences - the local formula the Court will use at temporary spousal or partner support hearings except where the application would be inequitable or the demonstrated need is below the formula amount (12.06(A)); a computer generated support calculation attached to all orders after hearing or stipulations with support provisions, including orders for $0 support (12.06(B)); requests for reimbursement of health care and/or child care costs must include a summary, with copies of evidence (12.06(C)); the Family Court Mediator authorized to use a Mediator’s Notice of Hearing (12.07); this court does not accept direct fax filings and will accept filings through a fax filing agency in accordance with CRC Rule 2.303 (12.08(A)); and electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (12.08(B)).
SECTION 12 FAMILY LAW RULES RULE 12.01 FAMILY COURT SERVICES COUNSELING (A) Recommendations of Child Custody Recommending Counselors Court designated child custody recommending counselors are hereby authorized to render a recommendation to the court as to the custody or visitation of the child or children, involved. The Court may, without foundation, consider the report and recommendation of the c
Reviewer note: Composed 2026-10-12 (California T4 Trinity build 2026-10-12) from BenchPath custody ca/t4/ca-trinity/docs/local_rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF TRINITY LOCAL RULES OF COURT RULES ADOPTED July 1, 2021 EFFECTIVE DATE July 1, 2021”, as fetched 2026-10-12; 861131 bytes, sha256 a8c32af5c48046e94c4ebdeef93b8a8df4810b8f1ba5b77ce3b3654678bea2d3; 49 pages; this section PDF pages 31 to 35, printed pages 31 to 35) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 44, printed with the same numbers) composed as one text and cut at the sixteen section headings “SECTION 1” to “SECTION 16”, each matched once as a whole line followed by the section's title (a section may begin mid-page); the page number at the foot of every page (“7”), named and a whole line in its band, and the four footnotes' own numbers (a bare digit at the left margin, which the composer's pleading line-number test takes out; the superscripts in the rules' text stay) removed as chrome - 42 chrome lines; lines reflowed into the rules' paragraphs, each rule's number and title (“RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION”), each lettered or numbered subdivision starting a line and each section heading on a line of its own; each footnote - one note on electronic filing printed four times, at the foot of PDF pages 16, 31, 35 and 41 - composed where the page prints it, after the page's last body line; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 49 pages; no table on the rule pages; 3 whitespace-only fixes (build/book-fixes.json: Rule 11.03(C)'s reference wrapped at “(A)”, which the reflow took for a label, and Rule 15.01's two-line heading rejoined; the form number “FL-” / “326” rejoined) and 1 same-character fix (build/book-captions.json: the page-31 footnote, which fell inside Rule 12.01(D)(1)'s sentence, set after it); the vertical-gap, short-line, page-break, bold, false-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 (the rule numbers with their titles on one row, the lines ending at the court's e-mail address, Rule 4.04(C)'s blank “$ .”, the hyphens printed with a space in the line, “post- sentencing”, “§§15680- 15688”, “self- addressed”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The Court Executive Officer's filing instructions of July 1, 2021 (PDF page 1), the cover (2), the table of contents (3 to 6), a blank page (45), the index (46 to 48) and Appendix A, the list of local forms (49), belong to no card. Review note: Rule 12.01(D)(1) has a party seeking the counselor's testimony make “a written request to the Family Court Services office”, while the court's notice of July 1, 2025 (carded) says the requests “must be coordinated with the service provider directly”. The note printed at the foot of PDF page 31 - the one marked 2 at Rule 11.05(B) - fell inside Rule 12.01(D)(1)'s sentence and is set after it (the same characters; build/book_fixes.py). The review task asks the court which procedure governs.
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 > Trinity County > Superior Court of California, County of Trinity
SECTION 12 FAMILY LAW RULES RULE 12.01 FAMILY COURT SERVICES COUNSELING (A) Recommendations of Child Custody Recommending Counselors Court designated child custody recommending counselors are hereby authorized to render a recommendation to the court as to the custody or visitation of the child or children, involved. The Court may, without foundation, consider the report and recommendation of the counselor. (B) Challenge of Counselor The assignment of counselors is an administrative function of Family Court Services. Requests to assign or not assign a specific counselor will not be honored. Requests for a change in assigned counselor or reports of general problems related to Family Court Services shall be made to the Director of Family Court Services. Reports of general problems related to the Director of Family Court Services shall be made to the Supervising Family Law Judge. (C) Declarations All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100. No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent, including exhibits and attachments thereto, exceed 30 pages. All papers submitted to the counselor for consideration shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel (with file stamped, conformed copies given to Family Court Services). Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session. Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor. (D) Testimony of Child Custody Recommending Counselor (1) A party seeking testimony from the child custody recommending counselor at hearing or trial must, at least three court days prior to the scheduled hearing or trial, make a written request to the Family Court Services office at 11 Court Street, Weaverville, CA 96093. When trial is scheduled to commence less than three court days after the Trial Setting Conference, the written request must be submitted no later than 5pm on the day of the Trial Setting Conference. If electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply. Section 1010.6(b)(3) states: “Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day.” Rule 2.253(a) states: “A court may permit parties by local rule to file documents electronically in any types of cases subject to the conditions in Code of Civil Procedure §1010.6 and the rules in this chapter [i.e., rules 2.250–2.261].” (2) This rule is not applicable to deposition testimony. A request for deposition testimony from the child custody recommending counselor must be made in compliance with Government Code §§68097.1 and 68097.2. The party issuing the deposition subpoena should contact the Family Court Services office prior to serving the subpoena to determine availability. RULE 12.02 CHILD CUSTODY EVALUATIONS (A) Appointments of Child Custody Evaluators In any contested proceeding involving custody and/or visitation, the court may, in its discretion, appoint a child custody evaluator to perform an evaluation in accordance with Family Code §3110 et seq., Evidence Code §730, or Code of Civil Procedure §2032.010 et seq. The court will use Judicial Council form FL-327, Order Appointing Child Custody Evaluator, to make any such appointment. (B) Payment for Child Custody Evaluations The court will order payment of the evaluator at the time of the appointment. The evaluator may not withhold a report from the court because of the parties' failure to pay. The evaluator may bring the issue of a party's failure to pay to the attention of the court. (C) Conduct of Child Custody Evaluations The evaluation shall be conducted in conformance with Rule 5.220 of the California Rules of Court by a child custody evaluator who satisfies the licensing, education, training and experience requirements of Rules 5.225 and 5.230 of the California Rules of Court. In the event that no evaluator who meets the requirements of Rule 5.225 is willing and available to perform an evaluation, the court may appoint an evaluator who does not meet the requirements under the circumstances permitted by Rule 5.225. (D) Qualifications of Evaluators Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator. Peremptory challenges to any court-appointed child custody evaluator will not be allowed. (E) Withdrawal of Evaluator Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys. The evaluator need not be present at the hearing unless directed by the court. (F) Complaints against Evaluators If a party alleges that an evaluator has committed an unprofessional or inappropriate act during the course of the evaluation, he or she may discuss the complaint with the evaluator directly in order to handle misunderstandings. Any complaints regarding the evaluator that are not resolved informally should be directed to the appropriate licensing/regulatory board. (G) Reports Evaluators shall prepare a written report. At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code §3150. (H) Confidentiality; Sanctions for Violation Reports from child custody evaluators shall be placed into the case management system as a confidential document, and may not be disclosed to anyone except the following persons: (a) a party to the proceeding and his or her attorney of record; (b) an attorney appointed for the child pursuant to Family Code §3150; (c) those additional persons set forth in Family Code §3025.5; and (d) any other person upon order of the court for good cause. Those persons entitled to disclosure of the report shall preserve the confidentiality of the document. Use of the report shall be limited to the pending litigation and no person who has access to the report shall make copies for dissemination or disclose its contents to any child who is the subject of the report or to anyone else not entitled to access, nor shall the parties attach such document to any pleading in the pending litigation or in any other litigation or proceeding. Substantial sanctions shall be imposed for inappropriate disclosure. (I) Ex Parte Communications with Evaluator Communications with the child custody evaluator are governed by Family Code §216 and Rule 5.235 of the California Rules of Court. In general, direct or indirect communications between the evaluator, any attorney for the parties, any attorney for a child appointed pursuant to Family Code §3150, or the court are prohibited without the knowledge, presence or consent of all parties involved in the matter. RULE 12.03 FAMILY LAW FACILITATOR The Family Law Facilitator provided for pursuant to Division 14 of the Family Code shall, under the supervision, and at the direction of the Presiding Judge or the Presiding Judge’s designee, and in addition to providing the services set forth in Family Code §10004, be responsible to discharge the additional duties set forth in Family Code §10005. RULE 12.04 FAMILY-CENTERED CASE RESOLUTION PROCESS (A) Purpose This rule is intended to implement a family-centered case resolution process in conformance with CRC 5.83. (B) Scope This rule applies to all dissolution, legal separation, nullity, parentage and grandparent cases filed after January 1, 2012. (C) Family Centered Case Resolution Order without an Appearance; Case Review Pursuant to CRC 5.83(f), the court will review the case to determine whether it is progressing towards disposition in a timely and effective manner in accordance with the milestones, disposition time standards, and additional factors set forth in CRC 5.83. The court may take any action authorized by CRC 5.83, including but not limited to setting status conferences, setting a family-centered case resolution conference, or scheduling the case for further review without appearances by the parties. Following the case review, a family law judicial officer may issue a family centered case resolution order notifying the parties and attorneys of the current status of the case and the next steps required to reach disposition. (D) Disposition Goals; Milestones To accomplish the goal of disposing of 90 percent of all cases within 18 months of the date the petition was filed, it is expected that cases will meet the following milestones: (1) A proof of service of summons and petition should be filed within 60 days of case initiation; (2) If no response has been filed, and the parties have not agreed on an extension of time to respond, a request to enter default should be submitted within 60 days after the date the response was due; (3) The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and (4) When a default has been entered, a judgment should be submitted within 60 days of the entry of default. RULE 12.05 AT-ISSUE MEMORANDUM / REQUEST FOR TRIAL (A) Once a petition, response and preliminary disclosures pursuant to Family Code §2104 have been filed by the petitioner and respondent in any family law case, a party may file an At-Issue Memorandum (Local Form) accompanied by a proof of service when the case is at-issue and ready to be set for trial. An At-Issue Memorandum shall not be filed if any petition or complaint, supplemental petition or complaint, or other affirmative pleading remains unanswered, or if preliminary disclosures have not been filed by the petitioner and respondent unless waived pursuant to Family Code §2107. A trial date will not be set upon the request of a party until the At-Issue Memorandum is filed. The Court retains discretion to set a trial date upon its own motion without an At-Issue Memorandum. (B) Any party not in agreement with the information or estimates given in the At-Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum. (C) Following the filing of an At-Issue Memorandum, the parties shall complete all final disclosures, unless waived, pursuant to Family Code § 2105. RULE 12.06 CHILD SUPPORT AND TEMPORARY SPOUSAL OR PARTNER SUPPORT (A) Guidelines for Child and Spousal Support (1) In appropriate cases, temporary spousal support shall be awarded in accordance with Family Code §3600 et seq. and may also be determined by the use of a computer generated calculation that applies the “Santa Clara Rule.” The “Santa Clara Rule” provides: (a) Temporary spousal or partner support is generally computed by taking 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences. If there is child support, temporary spousal or partner support is calculated on net income not allocated to child support and/or child-related expenses. (b) The Court will use the local spousal or partner support formula at temporary spousal or partner support hearings except in the following circumstances: (i) The application would be inequitable; or (ii) The demonstrated need for the requested support is below the formula amount. In the interest of avoiding unnecessary litigation on this issue, the Expense Declaration of the payee will not be viewed as determining or fixing need, but as indicating the level of expenditure under the existing circumstances. (B) Computer Generated Support Calculations All orders after hearing or stipulations that contain child and/or temporary spousal or partner support provisions, including orders for $0 support, shall have attached a computer generated support calculation setting forth the guideline amount and the assumptions used in determining the support amount. If the parties do not agree upon a single calculation, each party may attach a computer generated calculation. (C) Reimbursement Issues Requests for reimbursement of out-of-pocket costs for health care and/or child care must include a summary detailing the cost paid and reimbursement requested. Copies of evidence/exhibits in support of the request for reimbursement shall be submitted with the moving papers. RULE 12.07 CALENDARING In order to improve access to the court process on issues of child custody and visitation, the Family Court Mediator is authorized to use a Mediator’s Notice of Hearing. Forms and procedural rules for that process are developed and updated by the mediator, with the approval of the Presiding Judge. RULE 12.08 FACSIMILE FILING (A) This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303, with the exception of those documents identified in CRC 2.300(b). “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office, or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met. (B) Electronic mail filing3 is accepted through our dedicated email address court_filings@trinitycounty.org If electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply. Section 1010.6(b)(3) states: “Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day.” Rule 2.253(a) states: “A court may permit parties by local rule to file documents electronically in any types of cases subject to the conditions in Code of Civil Procedure §1010.6 and the rules in this chapter [i.e., rules 2.250–2.261].”
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.