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2.00.0 Civil Rules: a “general civil case” as any civil case except probate, guardianship, conservatorship, family law, juvenile, small claims appeals and other civil petitions (2.01.0); the clerk’s Delay Reduction Program notice on the initial pleading setting the first case management conference approximately 120 days from filing, served by the filing party on all other parties and by cross-complainants on cross-defendants (2.02.0); cross-complaints revoked (2.03.0); proof of service of summons and complaint on all named defendants filed within sixty (60) days of filing, or an order to show cause re sanctions, which may include dismissal (2.03.5); a case management statement on the mandatory Judicial Council form filed and served at least fifteen (15) calendar days before the conference, attended by the trial attorney or one familiar with the case and each self-represented party, a hearing date change on a written application with good cause at least five (5) court days in advance, and a written response to an order to show cause at least ten (10) court days before its hearing (2.04.0); no Civil Discovery Act motion before the discovery cut-off until the Court acts on a Request for Informal Discovery Conference on local form TUO-CV-275 after a good-faith attempt to resolve it, any opposition filed on local form TUO-CV-300 within three (3) calendar days of receipt, no other pleadings except a privilege log, the Court’s action on local form TUO-CV-325, the conference held within thirty (30) calendar days of the granting, the Request deemed denied if not acted on within ten (10) calendar days of filing or not held within thirty (30) calendar days, the time to compel tolled until it is denied or deemed denied, and refusal to participate grounds for an adverse order (2.04.1); a mandatory settlement conference scheduled with each trial setting except short-cause matters, all persons whose consent is required for a binding settlement personally present unless excused on a request in writing at least five (5) calendar days before (2.05.0); 12-month, 18-month and 24-month case management plans under standard 2.2, assigned at the case management conference under rule 3.715, a case reassigned on good cause or exempted in the interest of justice with a three (3) year disposition goal (2.06.0); a jury demand deemed made by plaintiff, responsible for the jury deposit, in jury-entitled cases absent a waiver in writing or in open court, any other party may demand a jury if plaintiff waives, and a failure to timely deposit jury fees a waiver of jury trial (2.07.0); jury cases urged to settle by 1:00 p.m. the court day preceding trial, the parties assessed the jury panel’s cost, unless good cause is shown, if the department is not notified of a settlement by 4:00 p.m. that day (2.08.0); long-cause trials called on the trial date, counsel and pro per litigants calling the department two calendar days before on trial and settlement status (2.09.0); trial briefs, required in all civil cases, with the issues, significant evidentiary problems and all witnesses, submitted to the Court and opposing counsel no later than one court day before trial (2.10.0); jury trials set by the assigned department (unlawful detainers by at-issue memorandum), the $150 first day jury fee deposit received by the clerk’s office no later than twenty-five (25) days before trial, five (5) days in unlawful detainers (2.11.0); a court trial of three (3) hours or less set on the short-cause trial calendar, without a settlement conference unless all parties request one in writing or the Court orders it (2.12.0); two copies of proposed jury instructions, witness lists and voir dire questions submitted by each party to the trial judge not less than one (1) court day before trial, CACI number requests fully prepared under rule 2.1055 (2.13.0); in unlawful detainer actions, an order to show cause re sanctions if proof of service is not filed within sixty (60) days, and the action may be dismissed without prejudice (2.14.0); unlawful detainer cases 90 percent disposed of within 30 days and 100 percent within 45 days after filing, small claims cases 90 percent within 75 days and 100 percent within 95 days (2.15.0); and Social Security and financial account numbers excluded or redacted from civil filings under rule 1.201, unredacted documents filed under seal only on court order, and redacting the parties’ responsibility, not the clerks’ (2.16.0)
2.00.0 CIVIL RULES 2.01.0 Definition of General Civil Cases: As used in these rules, “general civil case” means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, freedom-from-parental-custody-and-control proceedings, and adoption proceedings), and j
Reviewer note: Composed 2026-10-15 (California T4 Tuolumne build 2026-10-15) from BenchPath custody ca/t4/ca-tuolumne/docs/local-rules/local-rules-effective-aug-27-2026.pdf (the court's rule book, its cover “TUOLUMNE COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE AUGUST 27, 2026”, as fetched 2026-10-15; 1761964 bytes, sha256 d8dd3a98b9379c23580021b0a984d40fbc1adb83653c5e17edbe95a1fc3e27f2; 73 pages; this part PDF pages 16 to 22, page numbers 16 to 22) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 57) composed as one text and cut at the twelve chapter headings (“1.00.0 DIVISION OF BUSINESS AND GENERAL RULES” to “12.00.0 WRITS AND APPEALS”), each matched once as a whole line, one card per chapter; the book's caption above the first chapter (“SUPERIOR COURT OF CALIFORNIA / COUNTY OF TUOLUMNE / --o0o-- / RULES OF COURT - JANUARY 1, 2020”) cut out as a part of its own and held - a caption, not a rule; every page's running head (“LOCAL RULES - SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE”, named), page number and the five “///” continuation marks removed as chrome - 99 chrome lines; lines reflowed into the rules' paragraphs, each chapter and rule number and lettered or numbered subdivision starting a line; 2 whitespace-only fixes (build/book-fixes.json: Rule 2.06.0's three case management plans, printed one to a line, split back onto their lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-extra-audits-2026-10-15.txt and the two audits' runs) 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 (PDF page 1), the list of the court's officers (2), the instructions (3), the table of contents (4 to 10), the appendix page (58: Form TUO-TRF-100, revised June 9, 2015, printed as a page image over an earlier edition's index that stays in the text layer), the Approved Local Forms by Name (59 to 64), the Alphabetical Subject Matter Index (65 to 70) and the Table of Authorities (71 to 73) belong to no card. Review note: The court's local form TUO-CV-250 (“Courtroom Policies for Cases Assigned to the Honorable Kevin M. Seibert”, “Revised January 3, 2023”; held - no judge of that name is on the court's bench), still listed on the Local Forms page, sets the opposition to a Request for Informal Discovery Conference “within five (5) court days of receipt of the Request” and deems a Request denied after “fifteen (15) days”, where Rule 2.04.1 says “within three (3) calendar days of receipt of the Request” and “ten (10) calendar days”. Local form TUO-CV-100 (held) has the advance jury fee “deposited on or before the date scheduled for the initial case management conference in this action”, where Rule 2.11.0 says “no later than twenty-five (25) days prior to trial”.
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 > Tuolumne County > Superior Court of California, County of Tuolumne
2.00.0 CIVIL RULES 2.01.0 Definition of General Civil Cases: As used in these rules, “general civil case” means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, freedom-from-parental-custody-and-control proceedings, and adoption proceedings), and juvenile court proceedings; small claims appeals; and other civil petitions, including petitions for writ of mandate, writ of prohibition, writ of habeas corpus, temporary restraining order, civil harassment restraining order, domestic violence restraining order, writ of possession, appointment of a receiver, release of property from lien, and name change. (Amended 7/01/16, 1/01/01; effective 7/01/98) 2.02.0 Delay Reduction Program Information and Setting: a. At the time a case is filed, the clerk shall append to the initial pleading a document entitled “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” which states the date, time, and place of the first case management conference (CMC). The first CMC shall be set approximately 120 days from the date the initial pleading is filed. It is the responsibility of the filing party to serve all other parties with notice of the CMC. b. Cross-complainants shall serve all cross-defendants with a copy of the initial “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” document and shall serve notice of any other pending CMC date. (Amended 7/01/16, 1/01/01; effective 7/01/98) 2.03.0 Cross-Complaints: (Revoked 7/01/16 [moved to subd. (b) of rule 2.02.0]; amended 1/01/01; effective 7/01/98) 2.03.5 Service of Summons and Complaint: Within sixty (60) days of filing the complaint, the plaintiff shall file proof of service of the summons and complaint as to all named defendants. If the plaintiff fails to file proof of service as required herein, an order to show cause shall issue to the plaintiff and, if applicable, the plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to file proof of timely service of the summons and complaint. Sanctions considered by the Court may include dismissal of the action. (See Code Civ. Proc., § 575.2.) (Effective 7/1/18 [moved from subd. (e) of local rule 2.04.0]) 2.04.0 Case Management Conference: a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form. b. Attendance at Case Management Conference: The trial attorney or an attorney familiar with the case for each party, and each self-represented party, must appear at the conference. c. Subject matter: The Court will consider those subjects outlined in California Rules of Court, rule 3.727 before entering its case management order. The content of the case management order shall be as set forth in California Rules of Court, rule 3.728. d. Procedures: 1. Any party seeking a change of hearing date set under this section must file a written application showing good cause for the change, together with a proposed order, no later than five (5) court days in advance of the hearing. 2. A hearing on an order to show cause for violation of these rules shall be held by the assigned judge approximately thirty (30) days after issuance of the order to show cause to allow time for mailing. 3. Written response to order to show cause must be filed no later than ten (10) court days in advance of the hearing on the order to show cause. 4. Stipulations to continue any proceeding shall be signed by the attorneys for all represented parties in the case. (Amended 7/01/18, 7/01/16, 1/01/07; effective 7/01/98 [subd. (e) of local rule 2.04.0 moved to local rule 2.03.5.]) 2.04.1 Resolution of Discovery Disputes: It is the Court’s policy to attempt to resolve discovery disputes informally and efficiently. Accordingly, the Court has instituted special procedures for the resolution of discovery disputes through Informal Discovery Conferences (see Code Civ. Proc., § 2016.080), which must be scheduled on local forms that are available from the clerk’s office and on the Court’s Web site. a. Prior to the discovery cut-off in an action, no motion under the California Civil Discovery Act (Code Civ. Proc., § 2016.010 et seq.) shall be filed or heard unless the moving party has first filed a written Request for Informal Discovery Conference (“Request”) and the Court has acted or is deemed to have acted on that Request in any manner set forth in subdivision (f) below. b. Following a reasonable and good-faith attempt to achieve an informal resolution of each issue to be presented (which should include both written and either in-person or telephone communication), a party may request an Informal Discovery Conference. The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-275 and serve the opposing party pursuant to any authorized or agreed-upon method of service that ensures the opposing party receives the Request no later than the next court day following the filing. c. The opposition to a Request must be made using local form TUO-CV-300, must be filed within three (3) calendar days of receipt of the Request, and must be served on the party that requested the Informal Discovery Conference pursuant to any authorized or agreed-upon method of service that ensures the party receives the opposition no later than the next court day following the filing. d. No other pleadings regarding the discovery dispute, including but not limited to exhibits, declarations, or attachments, will be accepted, except for a privilege log, if required (see subdivision (e) below). e. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log shall identify all sending and receiving persons or entities, as well as include information sufficient to apprise the opposing party and the Court of the basis for the asserted privilege. f. Court’s action on a Request for Informal Discovery Conference 1. If the Court acts on the Request, the parties will be notified whether it has been granted or denied and, if granted, the date and time of the Informal Discovery Conference. The Court will use local form TUO-CV-325 for this purpose. The Informal Discovery Conference will be calendared to be held within thirty (30) calendar days of the granting of the Request. 2. If the Court has not granted or denied the Request within ten (10) calendar days following the filing of the Request, then it shall be deemed to have been denied at that time. 3. If the Informal Discovery Conference is not held within thirty (30) calendar days of the granting of the Request, then the Request shall be deemed to have been denied at that time, unless the time for holding it has been extended by agreement of the parties and the Court. g. At the Informal Discovery Conference, the Court will consider the dispute presented by parties and determine whether it can be resolved informally. Nothing set forth herein will preclude a party from making a record at the conclusion of an Informal Discovery Conference, either orally or in writing. h. If (1) the Court has denied the Request, (2) one of the deadlines above has expired without the Court’s having acted, or (3) the Informal Discovery Conference is concluded without resolving the dispute, then a party may file a discovery motion to address unresolved issues. The motion shall include proof that the moving party satisfied this rule prior to filing the motion, including the date the Request was filed and a brief description of the disposition of the Request. i. The time for making a motion to compel or other discovery motion regarding the disputed issues is tolled from the date of filing of the Request until the Request is denied or deemed denied, unless extended by order of the Court. j. Nothing herein shall preclude any party from applying ex parte for appropriate relief, including an order shortening time for a motion to be heard concerning discovery. k. References to “days” mean calendar days, unless otherwise noted. If the date for for performing any act falls on a Saturday, Sunday, or court holiday, then the time for performing that act shall be extended to the next court day. l. Refusal by any counsel to participate in an Informal Discovery Conference shall, in the discretion of the Court, be grounds for entry of an order adverse to the party represented by counsel so refusing or adverse to that counsel. Failure to file written opposition to the merits underlying a Request will be considered refusal to participate. When there is no written opposition to the merits of the Request, the Court may, in its discretion, enter an order adverse to the non-responding party or counsel. (Amended subparagraphs (a) and (h) 7/01/19; 7/01/18; effective 7/01/17) 2.05.0 Mandatory Settlement Conference: A mandatory settlement conference is scheduled with each trial setting, except for matters on the short-cause trial calendar. An attempt is made to set the conference three (3) to four (4) weeks prior to the trial. All persons whose consent is required to effect a binding settlement shall be personally present at the mandatory settlement conference. Any request to the Court to excuse attendance of any such person should be made in writing, no later than five (5) calendar days before the mandatory settlement conference, with copies to all other parties. A person excused from personal attendance by the Court shall be available for telephone communication with counsel at the time set for the mandatory settlement conference. Included among such persons who must attend the mandatory settlement conference are: a. The attorneys who will handle the trial if the case is not settled; or an attorney in their place who is appraised of the facts and the law and otherwise prepared for the settlement conference. b. The litigants (unless consent of the particular litigant is not required for the settlement). c. A representative of any insurance company that has coverage involved in the case who has authority to settle the case. d. A representative of a corporation or other business or government entity that is a litigant who has authority to settle the case. (Amended 7/01/16, 1/01/14, 1/01/01; effective 7/01/98) 2.06.0 Differentiation of Cases to Achieve Goals a. To comply with the trial court case disposition time goals at standard 2.2 of the Judicial Council’s Standards of Judicial Administration, the Court has adopted the following case management plans, with disposition goals calculated from the date of filing: 12-month plan: Disposition within 12 months 18-month plan: Disposition within 18 months 24-month Plan: Disposition within 24 months Cases in the Delay Reduction Program shall be assigned to the appropriate case management plan at the case management conference, based on case evaluation factors outlined in California Rules of Court, rule 3.715. b. Upon finding of good cause, the Court may reassign a case to a different case management plan or, in the interest of justice, exempt a case from the case-disposition time goals. If the Court exempts the case from the case-disposition time goals, the Court shall establish a case-progression plan and monitor the case, with a goal of disposition within three (3) years. (Amended 7/01/16, 1/01/07; effective 7/01/98) 2.07.0 Demand for Jury Trial: All cases set for trial in which there is an entitlement to a jury will be deemed to have a jury demand made by plaintiff absent a waiver in writing or in open court. If no waiver is made, plaintiff shall be responsible for the jury deposit. If plaintiff waives a jury, any other party may demand a jury and be responsible for the jury deposit consistent with the procedures for jury trial set forth in Code of Civil Procedure section 631, subdivision (b). Also, consistent with Code of Civil Procedure section 631, subdivision (f)(5), failure to timely deposit jury fees constitutes a waiver of a jury trial, and no jury will be impaneled. (Amended 7/01/16, 1/01/01; effective 7/01/98) 2.08.0 Settlement of Civil Jury Trials: The Court strongly urges that cases set for jury trial be settled, if at all possible, no later than 1:00 p.m. of the court day preceding the trial date. If a case is settled and the department which has been assigned the case is not notified by 4:00 p.m. of the court day preceding the date set for trial, the parties will be assessed the cost of the entire jury panel summoned in such proportion as the Court deems just unless good cause is shown. Attorneys shall, during the week preceding the date fixed for trial of any of their cases, keep the Court advised as to the likelihood of settlement and any other factors, which affect the readiness of the case. (Amended 1/01/01; effective 7/01/98) 2.09.0 Civil Long-Cause Trial Calendar Call: All long-cause trials will be called on the date set for trial in the courtroom of the department to which it has been assigned. Two calendar days preceding the date set for trial, trial counsel and pro per litigants shall call the department to which the case has been assigned for trial and inform the Court of the status of matter in regard to trial and settlement. (Amended 7/01/10; effective 1/01/01) 2.10.0 Trial Briefs in Civil Cases: Trial briefs are required for all civil court cases. Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date. Trial briefs shall set forth the issues to be tried and any significant evidentiary problems that are likely to be presented. Trial briefs shall list all witnesses the counsel preparing the brief intends to call at the trial. (Amended 7/01/10, 1/01/01; effective 7/01/98) 2.11.0 Jury Trials: a. Jury trials are set by the assigned department, except for unlawful detainer actions, which are set by the filing of an at-issue memorandum. b. Jury Deposit: In civil cases, other than unlawful detainer actions, the first days jury fee deposit of $150 must be received by the clerk’s office no later than twenty-five (25) days prior to trial. In unlawful detainer actions, the first day’s jury fee deposit of $150 must be received by the clerk’s office no later than five (5) days prior to trial. (Amended 7/01/16, 7/01/10, 7/01/05, 1/01/01; effective 7/01/98) 2.12.0 Civil Non-Jury Trials: If the parties case management statement indicates a preference for trial by the Court of three (3) hours of less, it will be set on the short-cause trial calendar. The following procedure shall apply to the short-cause trial calendar: a. No matter on the short-cause trial calendar shall be set for a settlement conference unless all parties so request, in writing, or unless so ordered by the Court. b. Matters set in the short-cause trial calendar will be called on the trial date in the department to which the trial has been assigned, and all counsel and parties must be present. (Amended 7/01/10, 1/01/01; effective 7/01/98) 2.13.0 Jury Instructions, Witness Lists, and Requested Voir Dire: Not less than one (1) court day before trial, two copies of proposed jury instructions, witness lists and proposed voir dire questions shall be submitted to the trial judge by each party. a. The Court will consider proposed instructions submitted by the attorneys for the parties, in addition to those contained in CACI. b. Counsel may make their requests by CACI number; however, those instructions shall be submitted fully prepared as set forth in California Rules of Court, rule 2.1055. (Amended 7/01/10, 1/01/07; effective 7/01/98) 2.14.0 Unlawful Detainer Proceedings: If the plaintiff fails to file proof of service of the summons and complaint within sixty (60) days of the complaint’s filing, an order to show cause shall issue to the plaintiff and, if applicable, the plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to file proof of timely service of the summons and complaint, and the Court may dismiss the unlawful detainer action without prejudice. (See Code Civ. Proc., § 1167.1.) (Amended 7/01/18; effective 7/01/03) 2.15.0 Unlawful Detainer and Small Claims Time Standards: Pursuant to standard 2.2 of the Judicial Council’s Standards of Judicial Administration, this Court adopts the following standards for timely disposition: a. Unlawful detainer cases shall be: 1. 90 percent disposed of within 30 days after filing. 2. 100 percent disposed of within 45 days after filing. b. Small claims cases shall be: 1. 90 percent disposed of within 75 days after filing. 2. 100 percent disposed of within 95 days after filing. c. To achieve the delay-reduction goals in this rule, the Court may issue an order to show cause as to why the plaintiff or the plaintiff’s counsel shall not be sanctioned by dismissal of the action or otherwise for failure to comply with the time standards of this rule. (See Gov. Code, § 68608, subd. (b); Code Civ. Proc., § 575.2.) (Amended 7/01/18, 7/01/16, 1/07/07; effective 7/01/05) 2.16.0 Confidential Information in Civil Filings: a. When filing any documents with the Court in a civil action, parties shall exclude or redact Social Security numbers and financial account numbers as set forth at California Rules of Court, rule 1.201. b. A party wishing to file a document containing unredacted Social Security or financial account number(s) may submit a motion or ex parte application to file an unredacted document under seal. Such documents may be filed with the Court only upon order of the Court. c. Original account statements and records filed with accountings of guardians and conservators pursuant to Probate Code section 2620, subdivision (c) shall be exempt from this local rule and shall be filed or lodged as set forth at section 2620, subdivision (c)(7). d. Unless clearly required to be confidential, court files are public records and are open to inspection by any member of the public. Court clerks are not authorized to redact any such confidential information absent court order. It is the responsibility of the parties and their counsel to redact any such information from any document presented for filing. (Amended 1/01/18; effective 7/01/15)
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.