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Chapter 6: counsel's duty to inform the assigned judge of anything that may keep a case from proceeding to trial, and of settlement (Rule 6.00); matters set on calendar only by the clerk or a judge's order (Rule 6.02); and the Servicemembers Civil Relief Act - the plaintiff's duty before the initial case management conference, stays not exceeding sixty (60) days, notice, hearings and findings (Rule 6.08).
California > Second Appellate District > Ventura County > Superior Court of California, County of Ventura
CHAPTER 6: TRIAL CONTROL CALENDAR PROCEDURES RULE 6.00 DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNED After trial date has been assigned, it shall be the duty of counsel to inform the assigned judge of any fact tending to indicate that the case may not proceed to trial on the date to which it has been assigned. In the event of settlement, counsel or parties appearing in person shall immediately notify the court thereof. Failure to do so may be deemed as unlawful interference with the proceedings of the court. (Effective January 1, 1997) RULE 6.01 SETTLEMENT CONFERENCE STATEMENTS (See CRC 222(d)) (Deleted effective January 1, 2000) RULE 6.02 CALENDARS Matters may be set on calendar only by the clerk or order of a judge. (Effective January 1, 1997) RULE 6.03 JUDICIAL ARBITRATION (Deleted effective January 1, 2026) RULE 6.04 ARBITRATION DELAY (Deleted effective January 1, 2026) RULE 6.05 TELEPHONIC APPEARANCES-TRIAL CONTROL CALENDARS (Deleted effective January 1, 1999) RULE 6.06 MANDATORY ARBITRATION STATEMENT (Deleted effective January 1, 2026) RULE 6.07 CASES EXCLUDED FROM ARBITRATION (Deleted effective January 1, 2026) RULE 6.08 SERVICE MEMBERS CIVIL RELIEF ACT A. When it is determined a defendant or respondent is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. Appen. §§ 501-591), counsel for the plaintiff shall, prior to the initial case management conference, determine the defendant’s/respondent’s ability to appear and defend the action. No later than the time of the initial conference, the plaintiff shall advise the court of the defendant’s/respondent’s ability to proceed, and, if necessary, shall apply for one of the orders under subdivision C of this rule. B. When a defendant, respondent or a cross-defendant other than the plaintiff communicates to the court in writing that he or she is in the military service and claims the benefits of the Servicemembers-Civil Relief Act, the court shall order the matter set on the case management conference calendar no sooner than sixty (60) days after the defendant’s/respondent’s/cross- defendant’s notification to the court. The court shall notify the plaintiff of the defendant’s/respondent’s communication by serving a copy upon plaintiff. Plaintiff shall then serve upon defendant/respondent notice of the case management conference (subdivision D of this rule). At the case management conference, the court shall make the findings required under subdivision E of this rule based upon the evidence presented at the conference. C. At the case management conference, the court may make one or more of the following orders: 1. If, by the initial case management conference, the plaintiff is unable to advise the court of the defendant’s/respondent’s ability to proceed, the action shall be stayed for a reasonable time not to exceed sixty (60) days, so that a hearing may be held to determine the defendant’s/respondent’s ability to appear and defend, and whether the defendant/respondent will be prejudiced if the action proceeds in his or her absence. The plaintiff shall serve upon defendant/respondent notice of stay and of the hearing to determine prejudice (subdivision D of this rule). If the notice of stay and of the hearing cannot be timely served upon the defendant/respondent, and plaintiff submits evidence to the court that it is either not feasible or unduly expensive to effect service upon the defendant/respondent at that time, the court shall so find, and shall dismiss the action without prejudice, reserving jurisdiction to reopen the case if the plaintiff notifies the court that service can be effected upon the defendant/respondent. If plaintiff submits evidence that convinces the court that the defendant/respondent has, in fact, received notice of the hearing but has chosen to ignore it, the court shall so find, and the action shall proceed in due course; 2. That counsel be appointed to represent the defendant/respondent; 3. Any order necessary to further the delay reduction policies set forth in standards 2.1 and 2.2 of the Standards of Judicial Administration of the California Rules of Court. D. Any notice given pursuant to subdivision B or C.1 of this rule shall be served on the defendant/respondent by the plaintiff in any manner provided in the Code of Civil Procedure for service of summons. Such notice shall include a statement that if the defendant/respondent is unable to appear personally and is requesting a stay of the action because he or she is unable to appear and defend the action at that time, or would otherwise be prejudiced if the action went forward, and that the defendant/respondent must serve upon the plaintiff and the court prior to the case management conference an affidavit or declaration under penalty of perjury describing specific facts showing why the defendant/respondent cannot appear and defend, or why the defendant would be prejudiced if the action were to go forward in his or her absence. The defendant/respondent shall also state when he or she will be able to appear and defend. The notice to the defendant shall clearly state that the defendant’s failure to provide an affidavit or declaration under penalty of perjury stating facts showing why the action should not go forward, or why the defendant/respondent would be prejudiced if the action were to go forward, will be construed by the court as an admission that the defendant/respondent will not be prejudiced if the action went forward in the defendant’s absence. E. If an order is made under subdivision C.1 of this rule and notice of stay and of the hearing is served on the defendant pursuant to subdivision D of this rule, the court shall set a hearing and shall make specific findings on the record as to the following issues: 1. The defendant/respondent is in the military and is entitled to the benefits of the Servicemembers Civil Relief Act; 2. The defendant’s/respondent’s present ability to appear and defend the action; and 3. The prejudice to the defendant/respondent if the action proceeds in the defendant’s absence. F. If the court makes a finding that the defendant/respondent is able to appear and defend, the court shall order the action to proceed in due course. If a stay is requested by the defendant/respondent, and the evidence shows that defendant is not currently able to appear and defend or would otherwise suffer prejudice if the action proceeded in his or her absence, and a stay is necessary to permit the defendant/respondent to make arrangements to appear and defend, the court shall stay the action for a reasonable time, generally not to exceed sixty (60) days. (Revised effective January 1, 2007)
CHAPTER 6: TRIAL CONTROL CALENDAR PROCEDURES RULE 6.00 DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNED After trial date has been assigned, it shall be the duty of counsel to inform the assigned judge of any fact tending to indicate that the case may not proceed to trial on the date to which it has been assigned. In the event of settlement, counsel or parties appearing in person shall immediately notify
Reviewer note: Composed 2026-10-07 (California T4 Ventura build 2026-10-07) from BenchPath custody ca/t4/ca-ventura/docs/general/ventura_county_rules_of_court.pdf (9476523 bytes, sha256 1d89183a36d880b3483586b9c4f3c9554799c2a7bb7bc9907c2200c2b01483c7; 116 pages; this card is from the rule body, pages 10 to 77, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (“Ventura County Superior Court Rules”, “July 1, 2026”) and the page numbers removed as chrome; the cover, the judges and officers page, the table of contents, Appendix II (the fee schedule), Appendix III (the local forms lists) and the index belong to no card; Chapters 16, 23, 24 and 27 print only deleted rules (no card); the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass.
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.
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.