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3.00.0 Civil Law and Motion and Defaults: civil law and motion dates and times assigned by the court clerk, parties encouraged to reserve a hearing date in advance by calling the clerk’s office, a date assigned on filing if no date was reserved, and the clerk’s office may assign a different date if the papers reflect one not reserved and not available (3.01.0(a)); opposition filed with the clerk by 3:00 p.m. at least nine (9) court days, and reply papers at least five (5) court days, before the hearing (not counting the hearing day), not applying to orders shortening time, ex parte applications or summary judgment timing under Code of Civil Procedure section 437c (3.01.0(b)); if opposition is not timely filed, the Court may deem it a waiver and an admission that the motion is meritorious and grant it, further opposition requiring a motion for reconsideration, new trial or other appropriate motion (3.01.0(c)); a stipulated continuance requested in writing with a proposed order, the request stating the motion’s title, filing date and upcoming hearing date, and only one (1) continuance per side, after which a matter that does not proceed may be dropped from calendar (3.02.0); a noticed motion dropped from calendar by filing and serving on all parties a declaration or request stating the motion’s title, filing date and upcoming hearing date (3.02.1); a matter with late opposition papers decided on the papers timely filed unless the Court, for good cause, continues it (3.03.0); orders shortening time strongly disfavored, requests supported by a very substantial showing of need and complying with the ex parte rules commencing with rule 3.1200, a stipulation to shorten time without effect, and opposing papers served and filed by noon two (2) court days before the hearing, or presented in court on the hearing day if notice was shortened to two (2) days or less (3.04.0); argument in excess of an aggregate of fifteen (15) minutes per case ordinarily not adduced without the judicial officer’s advance permission, and oral testimony not allowed on the law and motion calendar, a request for it made under rule 3.1306 and the matter then specially set or heard on declarations (3.05.0); a matter at which counsel or a pro per party does not appear may be dropped from the calendar or ruled upon, with sanctions at the Court’s discretion (3.06.0); telephone appearances under rule 3.670 in civil actions and special proceedings such as unlawful detainer, at counsel’s option for non-evidentiary law and motion matters, case management conferences and non-evidentiary probate hearings, but not for settlement conferences, noticed oral testimony, ordered personal appearances or where the Court determines a personal appearance would materially assist (3.07.0); a substitution of counsel containing the name, mailing address and telephone number of the new attorney, a specific attorney and not a law firm, or of the party in pro per, served on all parties, and, if a trial date is set, counsel substituted out or withdrawn advising the Court in writing whether and how the client was notified of it (3.08.0); no default or uncontested matter set for hearing until the judgment and necessary documents are on file, written evidence required for every request for entry of judgment unless prohibited by law, including an evidentiary declaration from the plaintiff or plaintiff’s agent, prove-up affidavits and declarations complying with Code of Civil Procedure sections 585 and 585.5, all essential elements proved by competent evidence, conclusions insufficient, and punitive damages rejected without evidence of the defaulting defendant’s net worth, including liabilities (3.09.0); an attorney’s fee schedule for actions on promissory notes and contracts providing for attorney’s fees, considered in the Court’s discretion, of 25% of the first $1,000, 20% of the next $4,000, 15% of the next $5,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of the amount over $50,000 (3.09.1); amicus briefs filed only by court order on a finding of good cause shown (3.10.0); tentative rulings under rule 3.1308, subdivision (a)(1), only for unlimited-jurisdiction civil law and motion matters, available at www.tuolumne.courts.ca.gov and by telephone at (209) 533-6633 by 3:00 p.m. on the court day preceding the hearing (3.11.0); and tentative rulings for orders to show cause re dismissal or sanctions revoked (3.12.0)
3.00.0 CIVIL LAW AND MOTION AND DEFAULTS 3.01.0 Motions: In General and Setting Hearings: a. Civil law and motion matters are heard at the times set by the Court. All civil law and motion calendar dates and times are assigned by the court clerk. Parties are encouraged to call the clerk’s office in advance of filing their papers in order to reserve a hearing date. If no hearing date has been reserv
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 23 to 26, page numbers 23 to 26) 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: Rule 3.11.0 makes tentative rulings available by telephone “by 3:00 p.m. on the court day preceding the hearing”; the court's Civil page (carded) says “after 3:00pm the Court Day before the hearing”. Rule 3.01.0 encourages parties to call the clerk's office to reserve a hearing date (and Rule 3.02.0 to confirm a new hearing date's availability for a continuance), while the Civil page says “We no longer schedule hearings in advance”.
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
3.00.0 CIVIL LAW AND MOTION AND DEFAULTS 3.01.0 Motions: In General and Setting Hearings: a. Civil law and motion matters are heard at the times set by the Court. All civil law and motion calendar dates and times are assigned by the court clerk. Parties are encouraged to call the clerk’s office in advance of filing their papers in order to reserve a hearing date. If no hearing date has been reserved in advance, the clerk’s office will assign a hearing date upon the filing of the appropriate papers; if a party’s papers reflect a hearing date that was not reserved in advance and is not available, the clerk’s office may assign a different hearing date. b. The responsive papers in opposition to a calendared motion must be filed with the clerk by 3:00 p.m., no later than nine (9) court days prior to the date of hearing (not counting the day of the hearing). Any reply papers to the opposition must be filed by the moving party no later than five (5) court days prior to the designated hearing date (not counting the day of the hearing). These requirements do not apply to requests for orders shortening time or ex parte applications, and they do not affect the timing requirements of the summary judgment and adjudication statute, Code of Civil Procedure section 437c. c. If opposition papers are not timely filed, the Court, in its discretion, may deem it a waiver of any objections and treat it as an admission that the motion or other application is meritorious. The Court, in its discretion, may grant the motion. In that case, a party desiring to further oppose the motion will be required to bring a properly noticed motion for reconsideration, motion for new trial, or other appropriate motion, and comply with any specific requirements of the motion so brought. (Amended 1/01/18, 7/01/16, 7/01/15, 7/01/10, 1/01/01; effective 7/01/98) 3.02.0 Requests for Continuances: a. A request for continuance based on stipulation by the parties must be made in writing, filed with the Court, and accompanied by a proposed order granting the request. The request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date. Parties are encouraged to call the clerk’s office in advance of filing their request in order to confirm the availability of their preferred new hearing date(s). Because the Court reviews calendared matters well in advance of the hearing date, parties that plan to request a continuance are expected to inform the Court of their intention to do so as soon as is practicable. b. Only one (1) continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from calendar at the discretion of the Court. (Amended 1/01/18, 7/01/10, 1/01/01; effective 7/01/98) 3.02.1 Request that Matter Be Dropped from Calendar: If a moving party wishes to drop a noticed motion from calendar, it shall do so by filing a declaration or request to that effect and serving a copy on all parties. The declaration or request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date. Because the Court reviews calendared matters well in advance of the hearing date, a party that plans to drop a motion from calendar is expected to inform the Court of its intention to do so as soon as is practicable. (Amended 1/01/18; effective 7/01/10) 3.03.0 Timely Filing of Papers: Because the Court reviews calendared matters beforehand, if opposition papers arrive late, the matter will be heard and decided on the bases set forth in the papers timely filed, unless the Court, in its discretion and for good cause shown, decides to continue the matter. (Amended 1/01/01; effective 7/01/98) 3.04.0 Orders Shortening Time: Orders shortening time are strongly disfavored. Requests for such orders must be supported by a very substantial showing of a need. A request for an order shortening time shall comply with the California Rules of Court governing ex parte applications, commencing with rule 3.1200. A stipulation by the parties to shorten time is without effect. Unless otherwise ordered, if a motion is filed pursuant to an order shortening time, all papers opposing the motion shall be served and filed by noon two (2) court days before the time appointed for the hearing. If the notice of the hearing has been shortened to two (2) days or less, papers opposing the motion may be presented in court on the day of the hearing. (Amended 7/01/16, 1/01/07; effective 7/01/98) 3.05.0 Argument and Oral Testimony at Law and Motion Calendar: a. Argument in excess of an aggregate of fifteen (15) minutes per case ordinarily may not be adduced in the law and motion calendar. If it is anticipated that lengthier argument will be necessary, advance permission must be obtained from the judicial officer hearing the matter. When such a request is made, the judicial officer will decide whether to grant the request for lengthier argument to be heard on the law and motion calendar or to set the matter for special hearing. b. Oral testimony is not allowed on the law and motion calendar. If oral testimony is desired, a request must be made to the judicial officer hearing the matter pursuant to California Rules of Court, rule 3.1306. The judicial officer will either (1) grant the request and direct that the matter be specially set or (2) deny the request and direct that the matter be heard based on declarations. (Amended 1/01/19, 1/01/07; effective 7/01/98) 3.06.0 Appearance at Hearing: If counsel or a pro per party does not appear at the hearing of a law and motion matter, the matter may be dropped from the calendar or ruled upon, and sanctions may be imposed at the discretion of the Court. (Amended 7/01/16, 1/01/01; effective 7/01/98) 3.07.0 Telephone Appearances: Telephone appearances for civil law and motion and probate matters shall be made pursuant to California Rules of Court, rule 3.670, as follows: a. Telephone appearances may be made in civil actions and special proceedings of a civil nature, such as unlawful detainer. b. Counsel shall have the option of appearing by telephone for non-evidentiary civil law and motion matters, case management conferences, and non-evidentiary probate hearings. Appearing by telephone is not permitted for the following: 1. Settlement conferences or hearings combined with settlement conferences. 2. Occasions for which a party notices intent to present oral testimony at the hearing. 3. When the Court has ordered the personal appearance of counsel. 4. Any hearing or conference for which the Court, in its discretion, determines that a personal appearance would materially assist in a determination of the proceeding or in a resolution of the case. The Court shall make this determination on a case-by-case basis. (Amended 1/01/15, 1/01/07; effective 7/01/98) 3.08.0 Substitution of Counsel: a. Substitution: A document that substitutes one attorney for another or substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and shall be served on all parties. It is insufficient to name a law firm as the new attorney of record; the document must contain the name of a specific attorney. b. Additional Duty: If a trial date has been set in the action or proceeding, it shall be the duty of counsel who has substituted out or withdrawn to advise the Court in writing as to whether the client has been notified of the trial date and the manner of said notification. (Amended 1/01/01; effective 7/01/98) 3.09.0 Defaults: a. No defaults or uncontested matters shall be set for hearing by the clerk unless and until the judgment, and all pleadings and documents necessary for hearing and disposition of the matter, are on file in the clerk’s office. b. 1. In all cases of a request for entry of judgment, whether the request is for a clerk’s judgment or a court judgment or the matter is set for prove-up, it is the Court’s policy to require evidence in support thereof in written form, unless prohibited by law. (Code Civ. Proc., § 585, subd. (c).) It is the policy of this Court to require an evidentiary declaration from the plaintiff or plaintiff’s agent in all cases of default. 2. Affidavits and declarations presented in support of a prove-up application shall comply with the requirements of Code of Civil Procedure sections 585 and 585.5. 3. At a default prove-up, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. In all cases, proof must be presented by competent evidence and all essential elements of the causes of action sought to be proved; conclusions, whether legal or factual, are insufficient. Affidavits and declarations must affirmatively show that the affiant or declarant is competent to testify to the statements made thereon. In general, the Court will use the same standards for assessing the quality and sufficiency of the evidence as would be applied in a contested proceeding. c. The Court will reject any claim for punitive damages, unless evidence is provided of the defaulting defendant’s net worth, including liabilities. (Amended 7/01/16, 1/01/16, 1/01/01; effective 7/01/98) 3.09.1 Attorney’s Fees: In actions on promissory notes and contracts providing for the payment of attorney’s fees, whenever a prevailing party is entitled to recovery of reasonable attorney’s fees, the following schedule shall be considered by the Court, in its discretion, in awarding such fees: 25% of the first $1,000; 20% of the next $4,000; 15% of the next $5,000; 10% of the next $10,000’ 5% of the next $30,000; and 2% of the amount over $50,000. (Effective 7/01/16 [moved from subd. (c) of rule 3.09.0]) 3.10.0 Amicus Briefs: Amicus briefs may be filed only pursuant to court order upon a finding of good cause shown. (Amended 1/01/01; effective 7/01/98) 3.11.0 Tentative Rulings: The Court follows the tentative ruling procedure set forth in California Rules of Court, rule 3.1308, subdivision (a)(1). Tentative rulings on civil law and motion matters will be available on the Court’s website at www.tuolumne.courts.ca.gov and by telephone at (209) 533-6633 by 3:00 p.m. on the court day preceding the hearing. Tentative rulings are available only for unlimited-jurisdiction civil law and motion matters. (Amended 7/01/16, 7/01/15, 7/01/10; effective 1/01/07) 3.12.0 Tentative Rulings for Orders to Show Cause re: Dismissal/Sanctions (Revoked 1/01/16; 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.