Loading…
4.00.0 Family Law Rules: the local civil rules applying to family law proceedings except as otherwise provided, and counsel to meet and confer in good faith, with clients physically present or immediately available, before matters are heard on the family law calendar (4.01.0); a waiver of spousal support ordinarily not approved if the waiving party is receiving cash public assistance such as Temporary Assistance for Needy Families (TANF) (4.02.0); the Court’s policy not to change the children’s living situation during custody and visitation disputes, the Court to deny a parent’s access or change a child’s principal residence only under extraordinary circumstances, and an application to change the living situation before a full hearing to include the current order, the child-sharing schedule, residence changes in the past 180 days, a proposed time-sharing program and facts establishing that the child would be physically or emotionally harmed if custody were not changed (4.03.0); mandatory mediation of contested custody and visitation matters, private and confidential, communications to the mediator official information under Evidence Code section 1040 unless otherwise stipulated, child abuse allegations reported under Penal Code section 11166, an agreement reduced to writing and submitted to the judge for signature, a request for a custody evaluation on failure of mediation, and sanctions for failure to participate in good faith (4.04.0); child custody evaluations under California Rules of Court, rule 5.220, by the agency or professional the Court designates or the parties stipulate to, no peremptory challenges to evaluators, complaints made to the judge who ordered the evaluation, and further hearings on a Request for Order (form FL-300) (4.04.1); both parties, where child custody or visitation is at issue and either party requests a hearing, to attend the Court’s pre-mediation workshop and Cooperative Parenting Workshop under Family Code section 3160 et seq. (4.05.0); a marital settlement agreement approved or incorporated by reference in a judgment only if the petition refers to it, the agreement or a signed and filed stipulation provides that it may be presented for approval, or the parties and attorneys endorse approval on the Judicial Council form of stipulation for judgment, and only if signed by both attorneys when both parties are represented or, when only one is, by that attorney, with the other party’s statement, declaration or affidavit that the party was advised to consult an attorney but declined (4.06.0); in a contested dissolution assigned a trial date, current income and expense and property declarations filed and served at least fifteen (15) calendar days before trial, and a trial brief of issues, contentions and proposed disposition at least five (5) calendar days before (4.07.0(a)); the brief stating, for each item of property in the order of the Property Declaration, the date of acquisition, the facts on which it is claimed to be community or separate, encumbrances, how title is vested, record title data and current market value, with funds held by others, tracing, current obligations, support, custody and visitation contentions, and any appraisal (4.07.0(b)); settlement conferences set at the discretion of the bench officer hearing the matter (4.07.1); duties the Court may designate to the family law facilitator, including those of Family Code section 10005 (4.08.0); Family Law Required Attachments revoked (4.09.0); with a petition to free a minor from parental custody and control, a proposed order appointing county Child Welfare Services to conduct the investigation required by Family Code section 7850 (4.10.0); no filing fee for re-issuance of a request for order that includes a temporary emergency court order, and, for one that does not, the same filing fee as the original request (4.11.0); telephone appearances under California Rules of Court, rule 5.9 (rule 5.324 governing local child support agency actions), requested on form FL-679 filed at least seven (7) court days before the hearing and served for delivery by the close of business on the next court day, the FL-679-INFO timelines not applying, and responses filed and served at least three (3) court days before, for which form MC-030 may be used (4.12.0); and every request for order that includes a request for temporary emergency (ex parte) orders to include a completed, dated and signed form FL-303, or it is not processed (4.13.0)
4.00.0 FAMILY LAW RULES 4.01.0 Local Civil Rules Applicable to Family Law: Except as otherwise provided in these rules, all provisions in the local civil rules apply to family law proceedings. Prior to matters being heard on the family law calendar, counsel shall meet and confer in good faith to resolve all issues with their respective clients physically present or immediately available. (Amended
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 27 to 31, page numbers 27 to 31) 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.
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
4.00.0 FAMILY LAW RULES 4.01.0 Local Civil Rules Applicable to Family Law: Except as otherwise provided in these rules, all provisions in the local civil rules apply to family law proceedings. Prior to matters being heard on the family law calendar, counsel shall meet and confer in good faith to resolve all issues with their respective clients physically present or immediately available. (Amended 1/01/01; effective 7/01/98) 4.02.0 Financial Issues: A waiver of spousal support ordinarily will not be approved if the party waiving spousal support is receiving cash public assistance, such as Temporary Assistance for Needy Families (TANF). (Amended 1/01/01; effective 7/01/98) 4.03.0 Custody Issues: It is the policy of the Court not to change the children’s living situation during the pendency of custody and visitation disputes. Only under extraordinary circumstances will the Court deny access of one parent to the children or change any child’s principal place of residence. Any application to change the child’s living situation prior to a full hearing shall include the following: a. The current court order, if any; b. The current child-sharing schedule or agreement, if any; c. Changes in the child’s place of residence in the past 180 days and the circumstances surrounding these changes; d. Proposed time-sharing program; e. The reasons for any proposed change in the child’s living situation, setting forth facts establishing that the child would be physically or emotionally harmed if custody were not changed prior to a hearing on the merits; and f. Other relevant information. (Amended 7/01/16, 1/01/01; effective 7/01/98) 4.04.0 Mandatory Mediation: a. All contested custody and visitation matters must be scheduled for mediation. b. Mediation proceedings shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the mediator shall be deemed official information within the meaning of Evidence Code section 1040 unless otherwise stipulated by the parties. Absent such stipulation, the mediator will not be called upon to testify. The mediator shall report any allegations of child abuse to the proper authorities pursuant to Penal Code section 11166. c. The parties may stipulate to have a private mediator/custody counselor attempt to resolve their disputes regarding custody and visitation. d. If no agreement is reached in mediation, the matter shall be referred back to the Court. If an agreement or stipulation can be reached by the parties through the mediator, the agreement or stipulation immediately shall be reduced to writing, executed by the parties and their respective counsel (if they are represented by counsel), and submitted to the judge for signature. e. In the event of failure of the mediation process, a request for a custody evaluation and report may be made upon the motion of either party or upon the Court’s own motion. (See local rule 4.04.1.) f. Failure of the parties to participate in the mediation process in good faith may subject such party or parties to sanctions. (Amended 1/01/18, 7/01/16; effective 1/01/01) 4.04.1 Court-Ordered Child Custody Evaluations: a. This rule implements California Rules of Court, rule 5.220, which governs court-ordered child custody evaluations. (See Cal. Rules of Court, rule 5.220, subd. (d)(1)(A).) b. The child custody evaluation and report shall be made by the agency or professional designated by the Court or stipulated by the parties. c. Peremptory challenges to court-appointed evaluators are not allowed. d. An evaluator may petition the Court to withdraw from a case. Any such petition shall be filed with the Court, and copies shall be served on all parties. Upon receipt of the petition, the Court will set a hearing on the petition. e. Any complaint about an evaluator’s performance and any response to such complaint shall be made to the judge who ordered the evaluation. f. At the time a child custody evaluation is ordered, the Court typically will set a review hearing for receipt of the evaluation report. Further hearings on the report may be set based on a Request for Order (Judicial Council form FL-300) by any party or on the Court’s own motion. g. Ex parte communications in child custody proceedings are governed by California Rules of Court, rule 5.235. (Effective 1/01/18) 4.05.0 Cooperative Parenting Workshop and Pre-Mediation Workshop: In any case in which child custody or child visitation is at issue and either party requests a court hearing on one or both of these issues, both parties are required to schedule and attend the Court’s pre-mediation workshop and the Court’s Cooperative Parenting Workshop pursuant to Family Code section 3160 et seq. The parties may attend prior to any scheduled hearing, or, if they have not yet attended, the Court will order them to attend as part of the court process to address and resolve the child custody and/or child visitation issues. (Amended 7/01/16, 7/01/15, 1/01/15, 1/01/01; effective 7/01/98) 4.06.0 Approval or Incorporation of Marital Settlement Agreement: No marital settlement agreement shall be approved by the Court or incorporated by reference in a judgment unless: a. The petition refers to the property settlement agreement; or the agreement, or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation; or both parties and their attorneys have endorsed approval of the agreement on the Judicial Council form of the stipulation for judgment. b. 1. If both parties are represented by counsel, the agreement is signed by both attorneys; or 2. If only one party is represented by counsel, the attorney for that party signs the agreement and the other party signs a statement in the agreement, or a declaration, or affidavit, that that party has been advised to consult an attorney regarding the agreement, but declined to do so. (Amended 1/01/15, 7/01/10, 1/01/01; effective 7/01/98) 4.07.0 Family Law Trial Requirements: a. Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council. No later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter. b. The trial brief shall include a full and complete statement of the following information to the extent known or contended: 1. Community and Separate Property: For each item of property, listed under the same item numbers and in the same order as on the Property Declaration, with community property listed first, the following: (i) The date of acquisition; (ii) The facts upon which it is claimed that the property is community or separate; (iii) The nature, extent and terms of payment of any encumbrance against the property; (iv) The manner in which title is presently vested; (v) The record title data; and (vi) Current market value. 2. Funds Held by Others: To the extent that either community or separate property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall, to the extent not identified on the property declaration, state serial or account numbers,and shall state the basis for calculation of the present value and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans shall be set forth; 3. Tracing: If it is contended that a single asset is part community and part separate property in nature, the statement shall describe the asset, its date of acquisition, its value, the dates and amount of payments upon the purchase of the asset or nature and extent of the transaction which resulted in its acquisition, and a statement of the contended segregation of the total value of the asset as to its community and separate property values; 4. Current Obligations: With respect to the current obligations of the parties, the statement shall include the date the debt was incurred, the terms of payment and security, if any held by the creditor, and if it is contended that the debt is a separate obligation and the debt was incurred during the marriage a statement as to the basis of that contention; 5. Support, Custody and Visitation: The statement shall specify that party’s contentions as to child custody, visitation, and the amount and duration of child and spousal support; 6. Appraisals: Each party may attach to the statement a copy of an appraisal by a qualified appraiser of any real or personal property. (Amended 7/01/10, 1/01/07; effective 7/01/98;) 4.07.1 Family Law Settlement Conferences: Settlement conferences in family law matters are set at the discretion of the bench officer hearing the matter. (Effective 7/01/10) 4.08.0 Family Law Facilitator: The Court may designate duties to the family law facilitator, including those set forth at Family Code section 10005. (Amended 7/01/16, 1/01/01; effective 7/01/98) 4.09.0 Family Law Required Attachments (Revoked 7/01/10; effective 1/01/01) 4.10.0 Appointment of Investigator: When filing a petition to free a minor from parental custody and control (see Family Code section 7800 et seq.), the petitioner shall submit a proposed order appointing county Child Welfare Services to conduct the investigation required by Family Code section 7850. (Amended 7/01/16; effective 7/01/05) 4.11.0 Re-issuance of Request for Order: a. No filing fee is required for re-issuance of a request for order that includes a temporary emergency court order. b. The filing fee for the re-issuance of a request for order that does not include a temporary emergency court order is the same as the filing fee for the original request for order. (Effective 1/01/14) 4.12.0 Telephone Appearances: Telephone appearances for family law matters (except for actions for child support involving a local child support agency, which are governed by California Rules of Court, rule 5.324) must comply with California Rules of Court, rule 5.9. Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases; filed no later than seven (7) court days prior to the hearing, conference, or proceeding at which telephone appearance is requested; and served on all other parties by means calculated to ensure delivery by the close of business on the next court day after the request was filed. (Note that the timelines set forth in Judicial Council information sheet FL-679-INFO do not apply to requests made pursuant to local rule 4.12.0.) Any response to a request for telephone appearance shall be filed and served on the requestor and all other parties no later than three (3) court days prior to the hearing, conference, or proceeding. Judicial Council form MC-030 (Declaration) may be used for responding to the request. (Amended 7/01/18, 7/01/16; effective 1/01/15) 4.13.0 Requests for Temporary Emergency (Ex Parte) Orders (TEO): All requests for orders that include a request for TEO must include Judicial Council form FL-303, which has been completed, dated, and signed. The Court will not process any request for order that includes a request for TEO unless a completed Judicial Council form FL-303 is submitted at the same time. (Amended 1/01/18, 7/01/16; 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.