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Section 4 (Rules 4.01 to 4.17): in actions on promissory notes and contracts providing for the payment of attorney fees, the schedule the court shall consider in awarding reasonable attorney fees to a prevailing party - in a default action, exclusive of costs and interest, twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages, twenty percent (20%) of the next four thousand dollars ($4,000), fifteen percent (15%) of the next four thousand dollars ($4,000), ten percent (10%) of the next ten thousand dollars ($10,000), five percent (5%) of the next thirty thousand dollars ($30,000) and two percent (2%) of amounts in excess of the first fifty thousand dollars - and in a contested action the same amount increased by compensation computed on an hourly or per-day basis for any additional services as may be allowed by the court (4.01(A)); the Clerk shall include attorney fees computed pursuant to the fee schedule in an otherwise appropriate clerk's judgment (4.01(B)); where a party claims fees in excess of those allowed, application for attorney fees shall be made to the court, supported by declarations, and the fees fixed by the court (4.01(C)); at the time of filing a petition to approve a transfer of structured settlement payment rights, a proposed order that contains the findings required by Insurance Code §10139.5 must be lodged (4.02); where a discovery motion requiring a separate statement under CRC 3.1345 is filed, a concise outline of the discovery request and each response in dispute may be filed, without leave of court, in lieu of the separate statement, and the court may request a separate statement (4.03); in drafting forms of judgment, counsel shall clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities (4.04); refer to such full names as they appear in the pleadings (4.04(B)); and leave a blank space for insertion of any costs unless costs have already been awarded (4.04(C)); the proposed order or judgment on a written stipulation lodged as a separate document (4.05); a party filing a Notice of Appeal of the order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2 shall file a copy of the complaint and any answer, a complete copy of the order, decision, or award, and a declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner (4.06(A)); the Notice of Appeal treated as the first paper for the purpose of determining the filing fee (4.06(B)); a party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal following a verified memorandum of costs (California Rules of Court, Rule 8.278), judgment entered after the time for a motion to strike or tax costs (4.07); a violation of these Rules constitutes a violation of a lawful court order under Code of Civil Procedure §177.5 and may subject the party and/or counsel to sanctions thereunder, under Code of Civil Procedure §575.2, or as otherwise provided by law (4.08); prove-up applications and evidence presented in written form, unless prohibited by law, except where the Clerk may enter judgment (4.09); counsel are permitted to appear by telephone or video in civil law and motion hearings, including ex parte applications and conferences for case status or review, telephonic and video appearances not allowed at any proceeding at which witnesses will be called to testify or at settlement conferences absent judicial approval (4.10(A)); telephonic appearances through the private vendor, Court Call at (888) 882-6878, which counsel must contact prior to the hearing, unless leave of court is obtained to contact the court directly by telephone (4.10(B)); the court may at any time require the personal appearance of any party (4.10(C)); this court does not accept direct fax filings (CRC Rule 2.304) and will accept filings through a fax filing agency in accordance with CRC Rule 2.303, except the documents identified in CRC 2.300(b) (4.11(A)); electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (4.11(B)); to secure a date and time for hearing ex parte motions and applications for which personal appearances are required, the party shall contact Court Services, and shall immediately inform the court if it elects not to proceed (4.12); the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of Government Code §68632 and §68633 (Government Code §68634(d)), and, if electronic filing is permissive, Code of Civil Procedure §1010.6(b)(3) and California Rules of Court, Rule 2.253(a) apply - any document received electronically between 12:00 a.m. and 11:59:59 p.m. on a court day deemed filed on that court day, any document received electronically on a non-court day deemed filed on the next court day (4.13); demurrers, motions and other applications for orders (except ex parte applications) in general civil actions set on the appropriate civil day in the department to which the action has been assigned for all purposes, or on the next available civil day when that day is a court holiday (4.14(A)); a party seeking to continue a law and motion hearing, or who does not intend to proceed, must file and serve a notice of continuance or withdrawal at least two court days before the originally scheduled hearing date, a notice of continuance with a declaration by counsel that all parties have agreed, the continued hearing date and time and a proof of service, the Court may reject it or select a new continued hearing date, and failure to comply may result in the matter being taken off calendar or the imposition of monetary sanctions (4.14(B)); the moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order (4.14(C)); counsel with court appearances set in two or more court departments at the same time shall advise the courtroom clerks and request priority handling in one department, the proceeding in the other department(s) to trail (4.15); actions under the California Environmental Quality Act filed in Court Services and assigned for all purposes to a judge designated by the presiding judge, the petitioner to request a status conference within fifty (50) days of the date of filing of the petition and serve notice of it, the court to set a tentative hearing date and briefing schedule at the status conference, briefs in accordance with California Rules of Court, Rule 3.1113 with specific references to the administrative record and a separate appendix page that lists each page of the record cited (4.16(A)); within five (5) days after the deadline for respondent to file a response, petitioners shall prepare and lodge a notice form inviting mediation (Government Code §66031) (4.16(B)); the public agency to prepare the administrative record or, on their election within five (5) calendar days, petitioners to prepare the record themselves - the agency’s preliminary notification within twenty (20) calendar days, a detailed index within forty (40) calendar days and a notice of documents to be added to or deleted from the record within seven (7) calendar days (4.16(C)); the administrative record lodged in loose-leaf three-ring binders, each volume of not more than three hundred (300) pages, organized with its documents in the order set out (4.16(D)); the agency to certify the record, personally serve it and lodge it with the court no later than sixty (60) days after the request or the service of the notice of election, an extension requested by stipulation with court approval or on noticed motion prior to the expiration of the sixty (60) day period (4.16(E)); disputes about the record’s accuracy or scope resolved on noticed motion, the parties strongly urged to meet and confer, the hearing separate from and prior to the hearing on the writ, notice given in accordance with Code of Civil Procedure §1005 (4.16(F)); a hearing to certify the administrative record normally set by the court at the initial status conference (4.16(G)); a trial notebook filed by petitioners no later than fifteen (15) days prior to the date of the hearing (4.16(H)); and the court exempts itself from the small claims advisory service requirements of Code of Civil Procedure §116.940(b) (4.17).
SECTION 4 MISCELLANEOUS RULES – CIVIL RULE 4.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS (A) In actions on promissory notes and contracts providing for the payment of attorney fees, whenever a prevailing party is entitled to the recovery of reasonable attorney fees, the following schedule shall be considered by the court, in its discretion, in awarding attorney fees: (1) Default action Exclus
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 14 to 21, printed pages 14 to 21) 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: The book prints one note four times, at the foot of PDF pages 16, 31, 35 and 41, each marked by a superscript at an e-mail filing rule (here “Electronic mail filing1”, Rule 4.11(B)); each is composed where the page prints it - on page 16 after Rule 4.13, whose text ends there. Rule 4.10's telephonic appearances through Court Call and the Remote Appearance Information page (carded) differ - the review task is on that page's card.
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 4 MISCELLANEOUS RULES – CIVIL RULE 4.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS (A) In actions on promissory notes and contracts providing for the payment of attorney fees, whenever a prevailing party is entitled to the recovery of reasonable attorney fees, the following schedule shall be considered by the court, in its discretion, in awarding attorney fees: (1) Default action Exclusive of costs and interest, (a) Twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages; (b) Twenty percent (20%) of the next four thousand dollars ($4,000); (c) Fifteen percent (15%) of the next four thousand dollars ($4,000); (d) Ten percent (10%) of the next ten thousand dollars ($10,000); (e) Five percent (5%) of the next thirty thousand dollars ($30,000); and (f) Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000). (2) Contested action The same amount as computed under paragraph (A)(1), increased by such compensation computed on an hourly or per-day basis for any additional research, general preparation, trial or other services as may be allowed by the court. (B) Where a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk's judgment, the Clerk shall include attorney fees computed pursuant to the fee schedule contained in Rule 4.01(A)(1). (C) In any case where a party claims fees in excess of those allowed by Rule 4.01(A)(1), application for attorney fees shall be made to the court, supported by declarations setting forth the factual basis for the claimed attorney fees. The fees will thereupon be fixed by the court. RULE 4.02 PETITIONS TO APPROVE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code §10134 et seq., a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code §10139.5 must be lodged with the court. RULE 4.03 DISCOVERY MOTIONS – SEPARATE STATEMENT Where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits, without leave of court, that a concise outline of the discovery request and each response in dispute be filed in lieu of the separate statement. Where further information is necessary to make a determination on the discovery motion, the court may request either or both parties to file a separate statement. RULE 4.04 FORM OF JUDGMENT In drafting forms of judgment for the trial judge to sign, counsel shall: (A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants; (B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names; and (C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ ." RULE 4.05 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM STIPULATION If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document. RULE 4.06 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2 (A) Any party filing a Notice of Appeal of the order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, shall file with the Clerk of the Court: (1) A copy of the complaint and any answer filed with the Labor Commissioner; (2) A complete copy of the order, decision, or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision if provided by the Labor Commissioner; and (3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner. (B) The Notice of Appeal filed pursuant to Labor Code §98.2 shall be treated as the first paper for the purpose of determining the filing fee. RULE 4.07 JUDGMENT ON COSTS ON APPEAL A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278. Judgment for costs on appeal will be entered after the time has passed for a motion to strike or tax costs or for determination of that motion. RULE 4.08 SANCTIONS A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions thereunder, or under Code of Civil Procedure §575.2, or as otherwise provided by law. RULE 4.09 DEFAULT PROVE-UPS Except in cases concerning which the Clerk may enter judgment without review by a judicial officer (CCP §585(a)), it is the general policy of the court that prove-up applications and evidence in support thereof be presented in written form, unless prohibited by law (CCP §585(c)). RULE 4.10 TELEPHONIC & VIDEO APPEARANCES (A) Counsel are permitted to appear by telephone or video in civil law and motion hearings, including ex parte applications and conferences set by the court for the purpose of case status or review. Unless otherwise ordered by the court, telephonic and video appearances will not be allowed at any proceeding at which witnesses will be called to testify or at settlement conferences absent judicial approval. (B) Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures. (C) Notwithstanding any other provision of this rule, the court may at any time require the personal appearance of any party. RULE 4.11 FACSIMILE FILING / ELECTRONIC MAIL 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 filing1 is accepted through our dedicated email address court_filings@trinitycounty.org RULE 4.12 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS To secure a date and time for hearing ex parte motions and other ex parte applications for which personal appearances are required consistent with the California Rules of Court, the party making the application shall contact Court Services in order to schedule the hearing. In the event the party making the application elects not to proceed with the ex parte application, said party shall immediately so inform the court. RULE 4.13 PAYMENT OR WAIVER OF FEES Pursuant to Government Code §68634(d), the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of eligibility established by Government Code §68632 and §68633. 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].” RULE 4.14 LAW AND MOTION MATTERS (A) Law and Motion Calendars. All demurrers, motions and other applications for orders (except ex parte applications), and any other matters in connection with “general civil actions” as defined in California Rules of Court, Rule 1.6(4), customarily heard and determined as law and motion matters, shall be set on the appropriate civil day in the department to which the action has been assigned for all purposes. However, when the appropriate civil day is a court holiday, such matters shall be set on the next available civil day, absent other or further order of court. (B) Continuances and Withdrawals. A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached. A notice of withdrawal must have a proof of service attached. Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions. (C) Proposed orders. The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order. RULE 4.15 CONFLICTING COURT APPEARANCES When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(s) trail the first. RULE 4.16 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT – PUBLIC RESOURCES CODE SECTION 21000 ET SEQ. (A) (1) Where filed. Actions in the nature of mandate challenging an agency decision under the California Environmental Quality Act (Public Resources Code §21000 et seq.) shall be filed in Court Services and the case shall be thereafter assigned for all purposes to a judge designated by the presiding judge. (2) Status conference. (a) Request for status conference. At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent. (b) Briefing schedule and hearing on the petition. The court shall set a tentative date for a hearing on the petition and set a tentative briefing schedule at the status conference. The hearing date and the briefing schedule may be advanced or continued by the Court on its own motion or on noticed motion of a party for good cause shown. The memoranda of points and authorities, including length, shall be in accordance with California Rules of Court, Rule 3.1113, unless otherwise ordered by the court. The briefs shall contain specific references to the administrative record, by record page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to “the whole file” is not a specific reference. Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief. (B) Mediation. In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the parties. (C) Preparation of the Administrative Record. (1) Preparation of the record by the public agency. Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record. (2) Election by petitioners. (a) Upon receipt of the preliminary notification, petitioners may elect to prepare the record themselves provided that they notify the agency within five (5) calendar days of receipt. Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. The agency shall promptly notify petitioners of any required photocopying procedures or other conditions with which petitioners must comply to prepare the record. (b) If petitioners do not elect to prepare the record themselves, then within forty (40) calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on all parties a detailed index listing the documents proposed by the agency to constitute the record together with a supplemental estimated cost of preparation. Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record. (3) Preparation of the record by petitioners. Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying. The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record. Within forty (40) calendar days after service of petitioners’ notice of election to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. (D) Format of Administrative Record. (1) Lodging original documents. The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action. (2) Volume designation. The administrative record shall be lodged in one or more volumes of loose-leaf three-ring binders, tabbed by document number and prominently titled “ADMINISTRATIVE RECORD VOL. 1”, etc. Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume. Each volume shall have a cover-page listing each document in the volume by the number of the tab at which it appears, the full title of the document, and the page number of the record of the first page of the document. The volume number shall also be printed on the spine of each binder. (3) Organization. Prior to certification and lodging, the administrative record shall be organized with the documents in the following order: (a) The Notice of Determination; (b) The Resolution(s) or Ordinance(s) adopted by the lead agency approving the project, including any resolution(s) or ordinance(s) adopted in compliance with Public Resources Code §21081 and §21081.6; (c) The Draft or revised Draft Environmental Impact Report and initial study; (d) The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; (e) The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); (f) The staff reports prepared for the approving bodies of the lead agency; (g) Transcripts and/or minutes of hearings; (h) The remainder of the administrative record, in chronological order if possible. The above table of organization is not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code §21167.6(e). (E) Certifying and Lodging the Record. Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court. If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request. If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification. After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record. An extension of the sixty (60) day period may be requested by filing a stipulation signed by all parties and obtaining court approval of the extension(s) prior to the expiration of the sixty (60) day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the sixty (60) day period. If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it. (F) Disputes Regarding the Contents of the Administrative Record. Once the administrative record has been lodged with the court, any disputes about its accuracy or scope shall be resolved on noticed motion. For example, if the agency has prepared the administrative record, petitioners may contend that the record as prepared omits relevant documents or contains inappropriate documents; if petitioners have prepared the record, the agency may have similar contentions. Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains. A motion to supplement the administrative record with additional documents and/or to object to certain documents may be noticed by any party. Such motion should normally be filed as soon as possible after the record is lodged. THE PARTIES ARE STRONGLY URGED TO MEET AND CONFER IN ORDER TO RESOLVE DISPUTES REGARDING THE CONTENT OF THE ADMINISTRATIVE RECORD. The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ. Notice shall be given in accordance with Code of Civil Procedure §1005. (G) Hearing to Certify the Administrative Record. A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown. At the hearing to certify the record, the court will confirm or revise the tentative briefing schedule and hearing date that were set at the initial status conference. (H) Trial Notebook. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the court no later than fifteen (15) days prior to the date of the hearing. The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(s) of issues required by Public Resources Code §21167.8, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record. RULE 4.17 SMALL CLAIMS ADVISORY SERVICES This court exempts itself from the small claims advisory service requirements set forth in Code of Civil Procedure §116.940(b).
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.