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In an unlawful detainer action the summons follows section 412.20, except that the defendant's response is due within 10 days — excluding Saturdays, Sundays and other judicial holidays — after the complaint is served, with five additional court days when service is completed by mail or in person through the Secretary of State's address confidentiality program; the summons is otherwise issued, served and returned as in a civil action.
If the defendant appears, trial must be held not later than the 20th day after the request to set the trial is made, with judgment entered and, if the plaintiff prevails, a writ of execution issued immediately on request; the period may be extended by agreement of all parties, and otherwise only after a hearing under subdivision (c) at which the court may order rent paid into court or escrow; if a court-ordered payment is missed, trial is held within 15 days of the missed due date.
Small claims - attorneys not permitted to represent either plaintiffs or defendants (attorneys are allowed in Small Claims appeals), cases for damages of $10,000 or less (as printed); the first step a verbal or written request for payment, a verbal demand followed up with a letter; jurisdiction where the action occurred in Mariposa County, or where the defendant's principal place of business or residence is in Mariposa County; the maximum claim $10,000, a plaintiff limited to two small claims filings over $2,500 per year; the fees - $30 for a claim of $1,500 or less, $50 for more than $1,500 but less than or equal to $5,000, $75 for more than $5,000 but less than or equal to $10,000 (claim by natural persons only), $100 for a person who has filed more than 12 small claims in California within the previous 12 months; the original and at least 2 copies of the small claims filing, a self-addressed stamped envelope for return of documents filed by mail, all documents assembled and stapled in the upper left hand corner; service by personal delivery by anyone who is not a party and is at least 18 years old, by substituted service (not complete until 10 days after the copy is mailed) or by certified mail by the Clerk of the Court for a fee of $15.00 per defendant, checking back with the court prior to the hearing to see if the receipt for certified mail was returned; the person who completes service completes the Proof of Service form, Judicial Council Form SC-104, filed with the Court five (5) days prior to the hearing date - with no proof of service on file the matter may be continued or will be automatically dropped from the Court’s calendar, and the Plaintiff must then request the matter be reset; papers never served by the plaintiff - a non-party, a professional process server or the sheriff's department for a fee; service at least 15 days before the trial date if the defendant lives in the county and at least 20 days if the defendant lives outside the county, 10 additional days for substituted service or certified mail, the trial continued if service is not completed in time; the small claims advisor at (209) 742-5322, located at 5092 Jones Street, Mariposa, CA 95338; extra copies of documents for the other side and the judge, shown to the opposing side before they are presented to the court; a subpoena or a subpoena duces tecum issued by the court clerk; many cases scheduled for the same time, each given limited time; the forms completed online for free at www.courts.ca.gov/forms.html.
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)
Starting July 1, 2025, parties may receive notices by email instead of regular mail in most Civil cases (Appeals, Family Law and Child Support, General Civil, Probate and Landlord-Tenant cases); for a party with an attorney, the court is mandated to send case documents to the email address the attorney identifies, with paper service until an email address is on file; a party without an attorney consents on Judicial Council form EFS-005 (Consent to Electronic Service and Notice of Electronic Service Address), gives notice of a changed address on form EFS-010 and withdraws consent on form EFS-006; the change affects how documents are received from the court, not how documents are filed.
Chapter 3, continued: a party “joining” another party’s motion granted no relief unless it complies with all procedural requirements for motions, including the payment of filing fees (310); motions in limine and oppositions filed not less than five (5) court days before the date on which they will be considered, and lodged with the clerk, or they may be disregarded (311(A)); a meet and confer with motions exchanged not less than fifteen (15) court days before the hearing date, a stipulation and proposed order on agreed motions lodged not less than five (5) court days before, a binder with not more than three (3) pages of argument for and three (3) against each opposed motion, the documentary evidence in a single tabbed binder lodged at the filing window not less than five (5) court days before, and a proposed order for each motion with blank boxes (311(B)); a declaration of good cause where one party is unrepresented or opposing counsel refuses to comply (311(C)); in limited and unlimited civil trials, a meet and confer and, outside Economic Litigation, complex and CEQA cases, a Pretrial Conference or Motions in Limine Hearing addressing the length of trial, joint lists of witnesses, exhibits, jury instructions and voir dire questions, a joint statement of the case and a trial brief, with exhibits not marked there presented to the clerk at least two (2) court days before trial (312); a failure to comply with the rule may result in the trial date being vacated and rescheduled (312); jury selection by the “16-pack” method unless otherwise agreed (312); counsel’s responsibility to have witnesses available, at least four (4) Bates-stamped copies of all exhibits and a USB flash drive, one (1) document per exhibit, no exhibit published to the jury without a request, transcripts of recordings under rule 2.1040, non-read deposition portions redacted, and the offering party supplying any equipment necessary to present an exhibit (312); trial motions raised before jury selection after a meeting on an informal resolution, unless they could not reasonably have been anticipated, then heard if possible before the jury returns the next day at 8:30 a.m. (312); tentative rulings under rule 3.1308(a)(2) generally available by 4:00 p.m. the court day before the hearing on the court’s website or by calling (559) 582-1010, Ext 6002 (313(A)); no notice of intent to appear required, a non-appearance by all parties construed as a submission and the tentative ruling adopted as the order of the court, parties intending oral argument contacting opposing counsel the day before, and the hearing generally continued if only one party appears for oral argument (313(B)); and no tentative rulings posted for unlawful detainer cases, where appearances are required, under Code of Civil Procedure § 1161.2 (313(C))
Division 2, Chapters 1 to 6: notices of deposition not accepted for filing except by court order (2.1.1); a self-represented litigant's name, address and phone number at the top of all filed pleadings, non-attorney court document preparers complying with Business and Professions Code section 6408 and, in family law or probate cases, the Authorization for Non-Attorney Court Document Preparer (Local Form MAD-CIV-019) (2.1.2); the clerk authorized to reject civil, family law, probate, or small claims filings for the case number, the parties' names, the court name, or failing to sign a document (2.1.3); temporary orders presented to the Civil Clerk's office no later than 11:00 a.m. the day immediately preceding the day of the hearing, with specific facts, opposing counsel informed of the request (2.1.4); conformed copies of the stamped pages only, e-mailed copies at no charge (2.1.5); designations of record that set forth the date of each hearing and the date each paper was filed (2.2.1 and 2.2.2); jury instructions from BAJI, CACI, CALJIC and/or CALCRIM provided by counsel or self-represented party at the commencement of the trial (2.3.1 and 2.3.2); ex parte applications - summary denial for failure to follow the rules, any required filing fee paid, the original file of the action, the limitations on granting, the judge to whom an application is presented (civil writs, criminal, juvenile, family law, probate, mental health), the facts that applications for a guardian ad litem, a reduction of undertaking, shortening or extending time, counsel for military personnel, substitute service, money deposited and execution on installment judgments shall state, and a declaration regarding notice in compliance with rules 3.1203 and 3.1204 (2.4.0 to 2.4.6); ex parte applications heard Monday through Friday, beginning at 8:15 a.m. in the designated department (2.4.7); applications for temporary restraining orders without notice (Domestic Violence, Civil Harassment, Elder or Dependent Adult Abuse, Workplace Violence, and Gun Violence) reviewed by a judicial officer the same day or on the next judicial day, a judicial assistant notifying the applicant, the hearing calendared within the time required by law (2.4.9); unlawful detainer notices - a three-day notice to quit or pay rent at least three (3) days and a 30-day notice at least thirty (30) days before filing, their service and filing, service by the sheriff by posting and mailing on a declaration of efforts, and the clerk authorized to reject filings to set a case for trial that do not comply with Judicial Council Form UD-150 (2.5.1); and small claims appeals treated as short cause trials (2.6.1)
Rules 3 to 4.1: a party waiving the right to appear at a Law and Motion hearing by written notice of intent not to appear, the Court considering the documents filed (3.1(A)); a failure to file a Memorandum of Points and Authorities a waiver and, for the moving party, an admission that the motion is without merit (3.1(B)); attachments and exhibits under rules 3.1110 and 3.1113 (3.1(C)); no oral testimony at a law and motion hearing except by order of the Court for good cause shown (3.1(D)); tentative rulings by telephone at 209-725-4240 and on the Court's website no later than 3:00 p.m. on the Court day preceding the hearing, oral argument only if a party notifies all other parties and the Court by telephone by 4:00 p.m. on the Court day before the hearing (3.1(E)); the prevailing party preparing the order after hearing, the other party preparing it after ten (10) days (3.1(F)); civil exhibits disposed of under Code of Civil Procedure sections 1952-1952.3 (3.1(G)); the application and supporting papers for an ex parte order to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing, heard at 1:15 p.m. each court day in the Civil Law and Motion courtroom and the Robert Falasco Justice Center in Los Banos, the forms for civil harassment, elder or dependent adult abuse, gun violence, workplace violence and school violence restraining orders (CH-100, EA-100, GV-100, WV-100, SV-100), a decision on a temporary order within 1-2 business days, and personal service on the respondent at least five (5) days before the hearing (3.1(H)); administrative records lodged in an electronic format, records of 25mb or less e-filed and larger records on USB, CD or DVD (3.2); local summary judgment rules preempted by Rules 3.1350-3.1354 of the California Rules of Court (3.3); attorney's fees upon default judgment of 20% or $400.00 whichever is greater on the first $5,000.00 of principal, 10% on the next $20,000.00, 5% on the next $25,000.00, 2% on the next $50,000.00 and 1% on principal amounts in excess of $100,000.00, increased by 10% in a foreclosure, and $400.00 in a residential unlawful detainer (3.4); a Case Management Statement (CM-110) filed no later than 15 calendar days before the conference, the parties to meet and confer no later than 30 calendar days before, the Notice of Inclusion in Delay Reduction Program/Notice of Case Management Conference served with the complaint, the conference held no later than 150 days after the filing of the initial pleading, a trial date in the twelfth (12th) month and a mandatory settlement conference in the eleventh (11th) month following the filing of the complaint, pre-trial conferences only on a declaration at the conference, a $25.00 sanction for a late statement, and cases assigned to one courtroom for all purposes (3.5); settlement conferences set at the Case Management Conference, not photographed or recorded except by court order, attended personally by trial counsel, parties and persons with full authority to settle (an insurer without claims offices within California immediately available by telephone), statements on Local Form MSC-CV-051 filed and served at least five (5) court days before ($100.00 sanction), sanctions for a failure to appear, immediate written notice of a settlement and a request for dismissal within forty-five (45) days (3.6); complaints about court-program mediators under rule 3.868 - inquiries and written complaints to the complaint coordinator, a preliminary review, an investigator or complaint committee appointed by the Presiding Judge, and the Presiding Judge's decision within thirty days (30) (3.7); a notice of stay filed with the order showing the stay (3.8); jury fees deposited under Code of Civil Procedure section 631, a failure to deposit a waiver of trial by jury, not less than $125.00 per panel meal advanced, no jury trials in the week of the Thanksgiving or Christmas holiday, motions in limine on collateral source, insurance coverage and offers to settle deemed granted, other motions in limine filed and served by 4:00 p.m. six (6) Court days before the trial call and opposition three (3) Court days before, numbered in the form prescribed, and expedited jury trials under section 630.01 (4); and instructions promulgated by the California Judicial Council, requested instructions served and delivered at the commencement of trial, one instruction per page with a five-inch margin at the top, in standard CACI format (4.1)
Local Rule 703's courtesy copy of all law and motion documents delivered to the research attorney upon filing, which may be e-mailed to research_attorney@tulare.courts.ca.gov in .doc/.docx or .pdf format; unlawful detainer practice - the trial date mailed once the written response and a Request for Setting are filed, the filing fee paid with the written response unless a Request to Waive Court Fees and Order on Court Fee Waiver are filed with it, a Counter Request for Setting requesting a jury trial within five days of the mailing of the landlord's Request for Setting, the initial jury fees posted five days before the trial date, a trial date changed only by a Motion for Continuance or a written Stipulation, each with a declaration showing a good reason and a filing fee, at least three copies of all documents brought to trial, the Sheriff's Notice to Vacate giving five days to move, and judgment by default on a failure to respond or to appear; no foreign language interpreters provided by the court for unlawful detainer cases, sign language interpreters provided on sufficient notice; the Alternative Dispute Resolution Package, the court approved mediator/arbitrator list and the panel application; and Civil Legal Filings at 221 S. Mooney Blvd., Room 201, Visalia, and at the South County Justice Center, 300 E Olive Ave., Porterville.
A secure portal for submitting electronic evidence in selected courtrooms - Family Law matters set in Department 11 only, small claims, probate, civil harassment, unlawful detainer and administrative appeal matters following the traditional evidence submission process for now; access with the case type, case number and hearing date (a desktop computer with the Chrome or Microsoft Edge browser recommended), an account activated by a 6-digit key sent to the e-mail or cell phone given, exhibits added to the case for the party or parties uploading, an Exhibit Receipt printed and brought to the hearing to reference each exhibit by its assigned number, and exhibits shared with the other parties through the Virtual Viewing Room, each receiving a link and an authentication pin.
Rules 3.00 to 3.07: the civil rules applying to all civil cases, limited and unlimited, the Civil Clerk's Office at the City Towers Building conforming a maximum of two (2) copies (3.00); each civil case randomly assigned to a judicial officer for all purposes including trial, plaintiffs notifying all parties of the direct assignment and filing a proof of service within five (5) days, and peremptory challenges within fifteen (15) days (3.00.1); law and motion heard Tuesday through Friday at 8:30 a.m. on a date reserved by calling (209) 530-3162, the moving documents filed within five (5) court days or the reservation cancelled, tentative rulings after 1:30 p.m. the court day before the hearing, a hearing requested by calling the calendar line or e-mailing civil.tentatives@stanct.org before 4:00 p.m. with notice to the opposing party, and a staff court reporter requested by 4:00 p.m. the day before, hearings lasting more than an hour billed at $350 or, after the noon hour, $700 (3.01(A) to 3.01(E)); an ex parte hearing scheduled by the assigned department's bailiff or courtroom clerk, the request and supporting papers e-filed by 10:00 a.m. on the court day before the hearing or the hearing dropped, and a staff reporter at a $30 reporter fee for any hearing under an hour (3.01(F) and 3.01(G)); an elisor - the Clerk of the Court or Clerk's Designee - appointed on an ex parte application, the documents to be signed attached to the proposed order (3.01.1); the Notice of Case Management Conference (CV-003) filed with a new case and the conference set about one hundred twenty (120) to one hundred fifty (150) days after filing, collection cases set for trial on the local Case Management Conference Waiver form, notice of a telephonic appearance two (2) court days before a case management conference or by 4:00 p.m. the court day before a law and motion hearing, and monetary sanctions (3.02); an unlawful detainer complaint filed with the Notice of Review re: Court's Motion to Dismiss (CV011), trial set on form UD-150, non-jury trials within twenty (20) days, and ex parte papers filed by 2:00 p.m. on the court day before the hearing, requests to stay an eviction or set aside a default set by the clerk (3.03); responsive papers to an Order to Show Cause filed and served no less than five (5) court days before the hearing (3.04); mandatory settlement conferences about fifteen (15) days before trial, monetary sanctions, and a conditionally settled case dismissed under Code of Civil Procedure section 664.6 only on a signed writing or an oral agreement made in open Court (3.05); the Civil Action Mediation Program, the Temporary Assigned Judges Civil Mediation Program and Judicial Arbitration, considered at the initial case management conference, eligible cases referred to an ADR option there (3.06); the Civil Action Mediation Program, effective January 1, 2024, for nonexempt unlimited civil actions up to $50,000 and nonexempt limited civil cases - mediators from the Court's panel, selected by the Court within thirty (30) days of the referral, $200 per side paid to the Court within ten (10) days of the mediation order, fees forfeited without five (5) days' notice of a settlement, a representative with full authority, confidentiality, completion no later than sixty (60) days before trial with the Mediator's Report within ten (10) days, the mediation complaint procedure and sanctions (3.06.01); the Temporary Assigned Judges Civil Mediation Program, offered from August 12, 2024 - free, voluntary mediation by retired judges, requested on form CV-018 before or within 14 days after the initial Case Management Conference, sessions Monday through Friday from 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:00 p.m., completed at least thirty (30) days before any settlement conference (3.06.02); and judicial arbitration of unlimited civil cases up to $50,000 not mediated, without fees posted by the parties, arbitrators reimbursed at $150 per case (3.07).
Rules 3.08 to 3.23: civil trial days Tuesday through Friday, the parties notifying the assigned civil department by 12:00 noon on the Friday before trial whether the case has settled or will be going to trial, on pain of the trial date being vacated, and stipulated new settlement conference or trial dates cleared in advance with the clerk of the department (3.08); in limine motions, exhibit and witness lists, jury instructions, proposed forms of verdict, stipulations, a statement of the case, trial briefs and proposed jury voir dire e-filed and served no later than noon on the Friday before trial (3.09); the attorney or party giving notice of a needed interpreter and arranging for and paying the interpreter (3.10); punctuality, and counsel with conflicting appearances notifying the bailiff of the waiting Court (3.11); in-person appearance at evidentiary hearings, settlement conferences, bench or court trials and jury trials unless remote appearance is expressly authorized in writing, notice of remote appearance waived for case management conferences, law and motion and ex parte hearings, a request on forms RA-010 and RA-020 no later than ten (10) court days before the hearing, an opposition on form RA-015 five (5) court days before, and the judicial officer's power to terminate a remote appearance for good cause (3.11.1); staff court reporter fees in civil trials and proceedings - each side billed 50%, non-payment ending reporter services - the Supervising Court Reporter notified at the time of the request for hearing, no recording systems in unlimited civil matters when reporting is waived, $700.00 a day and $350.00 a half day (any matter longer than one (1) hour), daily transcripts requested at least one week before trial, a certified shorthand reporter arranged by a party when staff reporters are insufficient, an approved fee waiver covering the reporter but not the transcript, and a court-requested transcript paid by the parties in equal proportion (3.12(A)); pro tempore reporters compensated by the requesting party, remaining within ten (10) minutes of the courthouse during jury deliberations, and following the local format - 28 lines per page, 60 characters per line, a footer with the reporter's name and CSR number (3.12(B)); attorney fees on a default on a note or contract by schedule - 25% of the first $1,000 with a minimum fee of $100, 10% of the next $9,000, 5% of the next $40,000 and 2% of any amount over $50,000 - the trial Court setting fees in a contested case, and unlawful detainer default fees of $250.00 without appearance and $300 with appearance (3.13); complaints against mediators, neutral evaluators or arbitrators on the court's panels directed to the ADR administrator, reviewed within thirty (30) days and, where valid, investigated by a committee of judges, confidential until disciplinary action (3.14); prerogative writs - the noticed motion for a peremptory writ strongly preferred, with a trial setting conference, an alternative writ application served at least five days before its hearing, service on a board or commission, and stays of agency decisions (3.15); a small claims plaintiff attaching and serving local form SC-001, Notice to Small Claims Litigants, with form SC-100, service by certified mail through the Court Clerk, and a later hearing requested on form SC-150 at least two (2) days before the hearing (3.16); the original Proof of Service filed at least five (5) days before the hearing (3.17); a settlement reported in writing at least one (1) court day before the hearing on form CIV 100 (3.18); a claim dismissed or the trial held in a party's absence when the party does not appear (3.19); exhibits received into evidence not returned but destroyed after judgment, original documents not to be submitted (3.20); the Small Claims Advisor ((209) 530-3178, SmallClaims.Advisor@Stanct.org) (3.21); and continuances only for good legal cause and for a reasonable period of time (3.22).
A parking appeal filed after the issuing or processing agency's final decision on the Notice of Parking Appeal form with the Superior Court, Traffic Division, and the filing fees paid - the date, time and location of the hearing provided at that time; a copy of the Notice of Appeal served on the issuing agency with proof of service no later than 10 days prior to the hearing date; the case heard "de novo", the agency's file received into evidence, and the judicial officer's "Notice of Decision-Parking Appeal" given at the conclusion of the hearing or by mail; a small claims appeal filed within thirty days of the mailing of the Notice of Entry of Judgment, a change of the trial date requested in writing with a copy to the other parties; notices of appeal accepted at the Appeals Division (1415 Truxtun Avenue) or at the trial court where the case was heard - an unlawful detainer appeal with the Appeals Division - within the deadlines of the California Rules of Court; a Notice of Intent to File a Writ Petition and Request for Record within seven (7) days of an order setting a hearing under Welfare and Institutions Code 366.26, filed with the Appeals Division or the Juvenile Justice Division; and filing fees paid by money order or check payable to Kern County Superior Court at the time of filing.
Chapter III, Rules 3.14 to 3.18: alternative dispute resolution encouraged (3.14.1); referral to judicial arbitration at the case management conference under California Rules of Court, rules 3.800-3.830 (3.14.2); assignment to an arbitrator from the Kern County Superior Court Arbitration Panel (3.14.3); the arbitrator's responsibility and authority (3.14.4); compensation under Civil Code of Procedure section 1141.18 (3.14.5); the time limits of the Trial Court Delay Reduction Act (3.14.6); complaints about arbitrators on the court's panel - confidentiality, written complaints to the ADR Coordinator, acknowledgment and preliminary review, an investigator or complaint committee, investigations, the final decision and interim suspension (3.14.7 to 3.14.7.7); unlawful detainers - the notice terminating the tenancy attached to the complaint, a proof of service filed within twenty (20) days of the complaint, settlements and stipulations for entry of judgment, a request to set for trial within twenty-five (25) days of filing on form UD-150, the case management conference, a request for entry of default within forty-five (45) days, conversion to an ordinary civil action, trial, jury fees and court reporter's fees posted not later than five (5) days before trial, attorney fees, orders to show cause re dismissal, and motions to set aside a default (3.15 to 3.15.14); eminent domain deposits with the State Treasury (3.16); a request for a poststorage hearing under Vehicle Code section 14602.7 within 10 days of the impounding agency's notice (3.17); and an order to show cause re sanctions for a failure to comply with the rules (3.18).
The unlawful detainer court at 1130 O Street; ten days to respond in writing to the landlord's complaint, a fee waiver application filed with the answer; once the answer and an At Issue Memorandum filed by the plaintiff are filed, both parties notified by mail of the time and place of trial; a jury trial requested by filing an At Issue Memorandum, the other party having five days from the mailing date of an At Issue Memorandum that requests no jury to file a Counter At Issue Memorandum requesting one, a Notice of Calendar Setting mailed with the trial date, and the jury fee deposit posted with the court five days before the trial date; a trial date changed by a motion for continuance, a written stipulation with a declaration and an order, or a declaration and an order, filed as soon as the need is known, with a filing fee; witnesses subpoenaed by personal service; on the trial date the Unlawful Detainer Trial Exhibit Rules reviewed and the UD Court Trial Exhibit Form (PCV-75) submitted, with at least two copies of all documents; five days to move after the Sheriff serves the Notice to Vacate; and a default judgment on a failure to respond or to appear for trial.
The exhibits notice of the court's Civil Limited Division for unlawful detainer court trials in Department 404 (1130 “O” Street): a party appearing via Zoom to have any documents to be presented as evidence received by the Court at least two (2) Court days before the hearing date, by mail or through the Drop Box inside the Sisk Courthouse (8:00 am – 5:00 pm), on form PCV-75 (Notice of Exhibits Unlawful Detainer Court Trial); and the rules for exhibits for Department 404 - three (3) sets of copies of documents, the pages not numbered, marked or written on; no text messages, photographs or recordings on a cell phone considered as evidence unless downloaded, three (3) copies of a text message or photograph and a recording on a flash drive or CD, the party responsible for bringing any necessary equipment to play the recording; and a party appearing via Zoom to supply the opposing party (or its attorney's office) and the Court with any evidence at least 2 days before the hearing, or it may not be considered.
Chapter 2, Rules 2.5 to 2.10 (Mandatory Settlement Conference, Trial Readiness, Ex Parte Applications, Miscellaneous Civil Rules, Unlawful Detainer Cases, and Small Claims Cases): a mandatory settlement conference for every civil case set for trial on the master calendar, except small claims, unlawful detainers, family law cases and short cause cases, or by stipulation or order (2.5.1); the parties to meet and confer before the settlement conference, face-to-face or in mediation, communication by writing not to suffice (2.5.2); all parties, the trial attorney and an insurance carrier employee with full authority to settle personally present (2.5.5); settlement conference statements to the ADR Department no later than five (5) court days before the conference (2.5.6); the attorneys to meet and confer at least five (5) days before trial and exchange in limine motions, jury instructions or trial briefs and exhibit lists, a trial readiness hearing on the Friday prior to the date set for trial, no party to appear remotely unless previously approved, and a mandatory settlement conference at the Trial Readiness Hearing (2.6.1 to 2.6.2); the party seeking an ex parte order to submit the application and supporting papers to the Clerk for filing not later than 2:00 p.m. on the day preceding a morning hearing and 9:00 a.m. on the date of an afternoon hearing (2.7.1); an ex parte application considered without a hearing in the following cases, among them a stipulation by the parties for an order, an order extending time to serve pleading, an application to serve by publication and a motion to continue trial (2.7.2); the nonrefundable jury fee under Code of Civil Procedure section 631 due on or before the date scheduled for the initial case management conference, failure to timely pay a waiver of trial by jury (2.8.1); interpreter services in civil or small claims matters in the priority order of case types listed (2.8.2); attorney's fees in default cases fixed in accordance with Appendix A1 (2.8.3); petitions to compromise the claims of minors or incompetent persons, an order to show cause hearing within ninety (90) days after an Order to Deposit Funds in Blocked Account (MC-355), off calendar if form MC-356 is filed at least ten (10) court days before (2.8.4); the parties' pro rata shares of the fee for official reporting services deposited for a trial or hearing of more than one (1) hour (2.8.5); the agency to file its default petition in a firearms forfeiture ten (10) court days preceding the hearing (2.8.6); all parties to a petition for approval of a transfer of structured settlement payments, including the payee and the payee's counsel, to appear (2.8.7); the court to endeavor to dispose of unlawful detainer cases 90% within thirty (30) days and 100% within forty-five (45) days after filing, the plaintiff to serve all named defendants within fifteen (15) days and file a Request to Set Case for Trial within twenty-five (25) days, the Clerk to issue a Notice of Dismissal Hearing, an undertaking for immediate possession of ten (10) times the monthly rental but not less than $500.00, and a stamped, legal-size envelope for each defendant and one to “All Occupants” for the Notice of Restricted Access (2.9 to 2.9.10); and the court to endeavor to dispose of small claims cases 90% within seventy (70) days and 100% within ninety (90) days after filing, and no notice of appeal from a small claims judgment accepted after the statutory period unless a writ of mandate has been issued (2.10 to 2.10.3).
Chapter 4 (Rules 4.01 to 4.08): general civil cases filed or transferred on or after July 1, 1993 subject to the delay reduction rules - service of the summons and complaint and filing of the proof of service within 60 days of case initiation and responsive pleadings within 30 days of service, the Initial Case Management Conference set on the first case management calendar no earlier than the 90th day after case initiation, the plaintiff to serve the Notice of Case Management Conference with the summons, a case management conference statement on Judicial Council Form CM-110 filed and served not later than five (5) calendar days prior to every Case Management Conference, and sanctions, dismissal or the striking of responsive pleadings for non-compliance (4.01); all dates for trial firm, a motion for continuance noticed as soon as possible and granted only upon an affirmative showing of good cause (CRC Rule 3.1332), a stipulation to continue a trial accepted in lieu of a motion when all parties agree in writing, the written stipulation to set forth good cause and to be accompanied by a proposed Order, and each party to file a current case management statement at least five (5) days before the further case management calendar (4.02); counsel and self-represented parties may appear telephonically at all Case Management Conferences, an outside vendor (currently “CourtCall”) to handle the appearances, requests submitted directly to the vendor in sufficient time and notice sent to the Court in writing, the vendor to bill all participants directly, no pay, cellular, or speakerphones, and each participant to cancel his or her telephonic request by contacting the vendor (4.03); the attorneys or unrepresented parties to notify the Court immediately when a case that has been assigned a trial date settles, a notification by telephone followed within five (5) days by a confirmation letter (4.04); a party who wishes to preserve the right to a jury trial to deposit $150.00 with the Clerk no later than the date of the initial Case Management Conference, or at least five (5) days prior to trial in an unlawful detainer action, the party who demanded the jury to pay one day's actual jury fees at the beginning of the second trial day and each succeeding trial day, prompt written notice of a waiver, requests for refunds submitted in writing within 20 days, failure to deposit deemed a waiver, and the other parties to have up to five (5) court days to deposit one day's jury fees after a waiver (4.05); judgment against a defaulting party on proper application, the Court to proceed under Code of Civil Procedure §594 when an answering party does not appear, and the plaintiff required to dismiss parties not served at or before the time of trial (4.06); a party to state whether he or she “passes for cause”, exhibits handed to jurors only after leave is obtained, jury instructions delivered in writing before jury voir dire commences (Code of Civil Procedure §607a), CACI instructions referenced by number and modified instructions to carry a notation of the modification, proposed instructions to conform to Rule 2.1055, and a party who requests a special verdict or special findings to serve and file the request before jury voir dire commences (4.07); and unlawful detainer cases - a disposition goal of one hundred percent (100%) within ninety-days (90) after filing, a proof of service filed within fifteen (15) days and a request to set for trial within twenty-five (25) days after filing or an order to show cause re status, a court trial on the earliest available date within the next twenty (20) days, on a jury demand a settlement conference within the next ten (10) days and a jury trial within the next twenty (20) days, and an ex parte prove-up within six months after a clerk's judgment for restitution (4.08).
Chapter 5 (Rules 5.01 to 5.12): the Court, in its discretion, to determine reasonable compensation for research, general preparation, trial, or other services where law authorizes such fees (5.01); the attorney fees considered reasonable on an application for approval of a compromise under Code of Civil Procedure §372 or Probate Code §3500 - the fee schedule twenty-five percent (25%) for settlement without the commencement of a trial, thirty-three and one-third percent (33-1/3%) for recovery of judgment or obtaining settlement after trial has commenced, and “3. Settlement after filing appellant's opening brief on” / “4. : forty percent (40%).” - subject to variation in cases involving unusual circumstances (5.02); a compromise of a claim of a minor or incompetent person submitted on Judicial Council Form MC-350 with a proposed order on Form MC-351, an order to deposit funds on Form MC-355, the petitioner or counsel to deposit the funds within 48 hours of receipt and to file a receipt on Form MC-356 within 15 days thereafter, a petition for withdrawal of funds on Form MC-357, and the presence of the petitioner and the minor or incompetent person required at the hearing on a compromise in excess of Ten Thousand Dollars ($10,000) unless good cause for non-appearance is established in advance by a letter request (5.03); judgments that show the full names and legal capacities of the parties, full and complete, and a "Proposed Judgment" lodged with the original "Judgment" when Rule 3.1590 of the California Rules of Court requires (5.04); the Court to sign a judgment presented as part of a stipulation for judgment (5.05); civil cases set for settlement conference at the discretion of the Court or voluntarily submitted, all parties prepared to make a bona fide settlement offer with all principals or clients in attendance or available by telephone (requests for non-appearance may be made by letter), and the parties to lodge and serve a brief statement of the facts and the law of the case no later than five (5) calendar days prior to the conference (5.06); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.07); default prove-ups presented in written form or by oral testimony on application to the Clerk for a hearing on the regular civil law and motion calendar (a special setting when more than fifteen (15) minutes will be required), proof by competent evidence of all essential elements (5.08); no judgment by default in any action to quiet title, the application set for hearing on the civil law and motion calendar (5.09); service by publication on ex parte approval, supported by declarations describing all efforts to locate the other party and all due diligence, the summons published once a week for four consecutive weeks, and an alternative manner of publication for an indigent plaintiff/petitioner granted a fee waiver (5.10); a goal of disposition of 100 percent (100%) of small claims cases within thirty-days (30) after filing when all defendants reside in Modoc County and sixty-days (60) when any defendant resides outside, the hearing continued for service if the plaintiff contacts the Court prior to the hearing date, and the Court to dismiss without prejudice a small claims action in which the plaintiff does not appear unless the plaintiff contacts the Clerk in advance, by telephone or in writing, to request a continuance (5.11); and the policy of the Court that a property manager or a rental agent may file an unlawful detainer complaint on behalf of the owner and represent the property owner in the proceeding (5.12).
Chapter 7 (Rules 7.1 and 7.2): in actions on promissory notes and contracts providing for the payment of attorney fees, the following schedule considered by the court, in its discretion, in awarding attorney's fees - in a default action, exclusive of costs and interest, twenty-five percent (25%) of the first two thousand dollars ($2,000), 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 ($50,000), and in a contested action the same amount increased by compensation computed on an hourly or per-day basis (7.1(A)); where a defendant is the prevailing party, the fees fixed by reasonable compensation computed on an hourly or per-day basis (7.1(B)); the clerk to include attorney fees computed pursuant to the schedule in an otherwise appropriate clerk's judgment (7.1(C)); where a party claims fees in excess of those allowed by this rule, application made to the court, supported by declarations setting forth the factual basis, the fees fixed by the court (7.1(D)); and in actions for residential unlawful detainer the attorney fees awarded not, under normal circumstances, to exceed three hundred dollars ($300) in cases by default where the defendant has filed no answer, or four hundred dollars ($400) in cases uncontested at trial where the defendant has filed an answer (7.2).
Rule 11 (Rules 11.1 to 11.7): at the time of the filing of the original complaint the plaintiff notified that an OSC re: Dismissal will be issued in 45 days if the case has not been adjudicated or a request to Set Case for Trial (UD-150), a Stipulation for Entry of Judgment (UD-115) or a conditional settlement has not been filed (11.1); proof of service of the summons and complaint filed within 30 days of the filing of the original complaint (11.2(a)); any proposal for an order for service by publication, or posting, to contain the date by which such service will be completed (11.2(b)); the Request to Set Case for Trial (UD-150) filed within 45 days of the filing of the original complaint (11.3(a)); should the request not be filed within the time specified, an Order to Show Cause shall issue (11.3(b)); the trial date assigned under the direction of the judge assigned to the civil division (11.3(c)); a party desiring a jury trial to make demand at the time of filing the Request to Set Case for Trial or by written demand within five (5) days following the filing of the Answer or the expiration of time to answer (11.4(a)); jury fees deposited with the Clerk’s Office at least five (5) days prior to the date of trial, failing to timely file jury fees will result in waiver of jury trial (11.4(b)); whenever a case has been settled, the attorneys or parties shall immediately notify the court under California Rules of Court, rule 3.1385 (11.5(a)); the plaintiff shall file with the court a dismissal, stipulated judgment or conditional settlement (11.5(b)); at least five (5) days prior to the start of trial both parties shall file and exchange the list of witnesses and the list of exhibits, each exhibit pre-marked (plaintiff numerically, defendant alphanumerically), a brief statement of the case, pre-trial evidentiary or in limine motions and, for jury trials, proposed jury instructions in the following format (11.6); and on a default the plaintiff shall file and serve the mandatory Judicial Council of California form CV-100 Request for Entry of Default and file the Judgement and a declaration, form UD-110 Judgment and/or UD-116 Declaration for Default Judgment adopted for optional use (11.7).
Rule 2 (Rules 2.1 to 2.13): this Rule applies to all Civil Law and Motion proceedings (2.1); all documents presented for filing must comply with California Rules of Court, rule 3.1110 through 3.1115 (2.2); the format of papers to conform to rule 3.1110 (2.2(a)); their length to the limits of rule 3.1113(d), the court to freely grant applications to file a longer pleading in the interest of justice (2.2(b)); a Motion filed in a civil case accompanied by a Proposed Order, and a Proposed Order on behalf of the opposing party to accompany the Opposition Memorandum (2.2(c)); all moving and supporting papers served and filed under rule 3.1300 of the California Rules of Court and Code of Civil Procedure section 1005, the parties may stipulate for additional time and the court may extend the time on good cause (2.3); Civil Law and Motion matters heard in Department 2 and calendared according to master calendar dates listed on the court’s website, counsel to contact the court for a longer hearing if the matter will take more than 20 minutes (2.4(a)); Case Management Conferences heard generally on the second and fourth Mondays of the month, scheduled at 1:30 p.m. when at least one party is appearing remotely and at 2:00 p.m. when no one is (2.4(b)); the Clerk to post a general schedule showing the days and times for each type of Law and Motion hearing (2.4(c)); counsel must advise the court at the earliest possible time of motions that go off calendar (2.4(d)); attorneys wishing to continue a hearing may submit a signed stipulation and order together with the filing fee, or stipulate to put the matter on the Case Management Conference calendar for resetting, arrangements made at the clerk’s office 530-283-6305, a stipulation to continue without a new hearing date not sufficient, and no more than one continuance permitted by stipulation of the parties without a court order (2.5); all applications for ex parte orders, including orders shortening time, supported by an affidavit or declaration showing good cause (2.6(a)); an application not made ex parte unless it appears by affidavit or declaration that the opposing party or counsel was informed when and where the application would be made, that the party in good faith attempted to inform them but was unable to do so, or why the party should not be required to inform them (2.6(b)); on Thursday afternoon prior to the Civil Law and Motion Calendar, the court will post the tentative rulings on the Plumas Superior Court website (2.7); the court recommends that parties submit an extra copy of moving and opposition papers at the time of filing, the clerk to deliver the courtesy copy to the assigned Judge (2.8(a)); prior to filing a motion parties must meet and confer in good faith and file a Declaration detailing the efforts (2.8(b)); all motions for Summary Judgment or Summary Adjudication must conform to Code of Civil Procedure Section 437c and rules 3.1350, 3.1352, and 3.1354, submitted with an extra copy for the assigned judge (2.9); Demurrers, and papers in Opposition, submitted with an extra copy for the assigned judge, demurrers and Motions to Strike in limited civil actions to comply with Code of Civil Procedure Section 90 et seq. (2.10); discovery conducted in the most expeditious and least expensive manner, the court to expect counsel to attempt to resolve any differences prior to filing any motions (2.11); in actions on promissory notes and contracts providing for payment of attorney fees, a schedule for a default action - 25% of the first $2,000 with a minimum fee of $300, 20% of the next $4,000, 15% of the next $4,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of amounts in excess of the first fifty thousand dollars, the court to fix fees for recoveries in excess of $150,000 - and for a contested action the same amount increased by reasonable compensation (2.12(a)); when the defendant is the prevailing party, the fees reasonable compensation (2.12(b)); the clerk to include attorney fees computed under the schedule in a clerk's judgment (2.12(c)); an application for attorney fees in excess of those allowed by this rule made to the court, supported by declarations (2.12(d)); and in actions for unlawful detainer for possession of residential property, attorney’s fees that will not, under normal circumstances, exceed $200.00 in cases by default, $300.00 in cases uncontested at trial with a default prove up hearing, $500.00 where a represented party and a self-represented litigant commence a contested trial, and $750.00 where both parties are represented by counsel (2.13).
The cases the Civil Division assists parties with - recovery of money or property in non-contract civil disputes or contract enforcement, civil rights, landlord tenant actions, Petitions to Change Name and various writs; a limited civil case involving $25,000 or less, an unlimited case over $25,000; no direct line for accepting fax filings - a fax filing agency under California Rule of Court 2.303, each document containing the phrase "BY FAX" immediately below its title and physically transported to the Court; a Request to Waive Court Fees filed with the first documents the litigant presents for filing, reviewed by a judge (a clerk may also grant a fee waiver based on certain information); continuances of law and motion matters by written stipulation of the parties or counsel with the applicable filing fee, the stipulation, order and continuance fee received and signed by the court prior to the date and time for the hearing; a settled matter reported to the court and followed up with the mandatory judicial council form Notice of Settlement of Entire Case; ex parte hearings under Local Rules Rule 3.07; no tentative rulings (California Rules of Court 3.1308) - appearances necessary for law and motion hearings; copies in person or by mail at $.50 per page, a certification fee of $40.00 if necessary and an additional $15.00 search fee per name when the case number is unknown, a request by mail with a self-addressed stamped envelope and a check or money order payable to Colusa Superior Court; handwritten forms printed clearly and legibly in blue or black ink accepted; telephone appearances under Local Rules Rule 3.10; no endorsed fact sheets - an endorsed copy only of a copy of the entire document being filed.
Section 5 (Rules 5.01 to 5.13): attorney fees on promissory notes and contracts considered under a schedule - in a default action twenty-five percent (25%) of the first $2,000, twenty percent (20%) of the next $4,000, fifteen percent (15%) of the next $4,000, ten percent (10%) of the next $10,000, five percent (5%) of the next $30,000 and two percent (2%) of amounts in excess of $50,000, increased in a contested action, the clerk including them in a clerk's judgment (5.01); attorney fees in residential unlawful detainer actions not over three hundred dollars ($300) by default or four hundred dollars ($400) uncontested at trial (5.02); attorney fees on a compromise for minors or incompetent persons twenty-five percent (25%) without a court trial, thirty-three and one-third percent (33 1/3%) after court trial has commenced and forty percent (40%) after the appellant's opening brief (5.03); petitions to compromise on Judicial Council Form MC-350 with Form MC-351, Form MC-355 and Form MC-356 for a blocked account, Form MC-357 and Form MC-358 for a withdrawal of funds, the petitioner and the minor or incompetent person present at the hearing unless good cause is shown by letter request seeking to excuse that person's attendance, a waived filing fee paid out of the settlement proceeds (5.04); in drafting forms of judgment, counsel to clearly show the full names of the parties and their capacities as they appear in the pleadings, and to leave a blank space for costs (5.05); a Notice of Appeal from the Labor Commissioner under Labor Code §98.2 filed with the complaint and answer, the order, decision or award and a declaration of proof of service on the Labor Commissioner, an employer filing an appeal to post an appeal bond, the notice the first paper for the filing fee (5.07); at the settlement conference the parties prepared to make a bona fide settlement offer, with all principals or clients in attendance, a settlement conference statement filed five (5) days before the conference (5.08); a violation of these Rules a violation of a lawful court order under Code of Civil Procedure Section 177.5, any request for money sanctions made upon advance notice in writing (5.09); small claims calendars established on a regularly scheduled basis (5.11); default prove-up applications and evidence presented in written form, competent evidence presented as to damages (5.12); and facsimile filing in civil, probate, and family law proceedings under California Rules of Court, Rule 2.300 et seq. through a fax filing agency - no wills, codicils, bonds or undertakings, no document to be issued by the court, no direct transmission to a court fax machine, each document presented for filing at the filing window with the fees, the words “By fax” on the first page immediately below the title, a demand for the original physically signed document within fifteen (15) days after service (5.13).
Chapter 3 (Rules 3.0 to 3.3): a Notice of Case Management Conference [GCSC CV-020] to accompany all civil complaints for service, any counsel or party appearing in propria persona who fails to timely file the Case Management Conference Questionnaire, to attend the conference or to participate effectively subject to sanctions (GC § 68608 (b), and CCP § 575.2), the court’s policy to track and manage all cases from filing until disposition, its disposition goals - 75% of all Unlimited Jurisdiction Civil cases and 90% of Limited Jurisdiction Civil cases within 12 months of the filing of the complaint, 85% and 98% within 18 months and 100% of all civil litigation cases within 24 months, civil cases not designated complex presumed appropriate for a disposition goal of 12 months - and the Court urges counsel to meet and confer on disputed issues before motions are filed (3.0); unlawful detainer plaintiffs to attach to the complaint as exhibits the written rental/lease agreement, if any, and all statutory notices served on the defendant(s), and requests for defaults without full compliance with all applicable statutory procedures for notice and service rejected by the clerk and the matter set for hearing (3.1); counsel to notify the Court in writing immediately when a civil case has settled - orally to the assigned department when a hearing, conference or trial is imminent, followed by a confirmation in writing that must specify when all closing papers will be filed - a case that settles within five (5) calendar days of the trial date to have on file a dismissal, stipulated judgment or conditional settlement or an appearance to place the settlement on the record, and otherwise a request for dismissal of the entire case filed within 45 days after the date of settlement, the court to dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown, the parties to serve and file five (5) court days before a settlement conference a written statement of the facts, law and respective contentions of the parties, and sanctions as set forth in CCP§575.2 for a party who has not proceeded with due diligence or has failed to comply (3.2); and Rule 3.3(A), on telephonic appearance on the law and motion calendar, repealed effective 7/1/22, no discovery pleadings (i.e., interrogatories, requests for admissions) accepted for filing unless filed in support of motions to compel responses, a statement as required by CRC, Rule 3.1345 filed on a motion to compel further responses, original depositions not accepted for lodging until the first day of trial or thereafter, moving, opposing and reply papers filed and served within the time prescribed by law (the Court will not consider late filed papers unless good cause is shown), memoranda and other papers to comply with the requirements of the California Rules of Court, and no claim opposing forfeiture filed unless it contains proof of service on the District Attorney (3.3).
Chapter 4 (Rules 4.01 to 4.08): general civil cases subject to delay reduction and the time disposition standards of Local Rule 2.03 - an Initial Case Management Conference and an Additional Case Management Conference, no at-issue memorandum required, service of the summons and complaint and the filing of its proof within 60 days of case initiation and responsive pleadings within 30 days of service of the complaint, a review approximately 80-90 days after case initiation and sanctions after notice, no more than twelve (12) months between filing and disposition presumed, the Initial Case Management Conference set no earlier than the 140th day after case initiation with the Notice of Case Management Procedures served by plaintiff, a case management conference statement on Judicial Council Form CM-110 filed and served not later than fifteen (15) calendar days prior to every Case Management Conference, and short cause matters of not more than four (4) hours set for an early trial date (4.01); all dates for trial firm, motions to advance, reset or continue a trial date on written notice and set for hearing, a stipulation to continue accepted when all parties agree in writing, with good cause set forth under Rule 3.1332 and a proposed Order, and a current case management statement (Judicial Council Form CM-110) at least five (5) days before the case management date after a continuance (4.02); immediate notification to the Court when a case assigned a trial date settles, the plaintiff bears the primary obligation, by telephone followed within five (5) days by a confirmation letter (4.04); after a waiver by the party demanding a jury, the other parties to deposit one day’s jury fees within five (5) court days from the date the clerk mails the notice of waiver or be deemed to have waived a jury, and the clerk to retain only the first deposit received (4.05); a default judgment against a party served who has not answered when the action is set for trial (Code of Civil Procedure §§585 or 586), the Court to proceed under §594 when an answering party does not appear, and the plaintiff to dismiss named parties not served at or before trial (4.06); a party to state whether it passes for cause on completion of voir dire, the side with the greater number of peremptory challenges to exercise every second challenge, exhibits handed to jurors only with leave, jury instructions delivered in writing before jury voir dire commences (Code of Civil Procedure §607a), the parties may designate standard CACI instructions by number, a modified instruction to carry a notation of the modification, and special verdict forms under Rule 3.1580 before jury voir dire (4.07); and unlawful detainer cases disposed of within ninety (90) days after filing - a proof of service of the summons and complaint within fifteen (15) days after filing, a memorandum to set within twenty-five (25) days, an order to show cause re status on a failure to comply, a court trial on the earliest available date within the next twenty (20) days and, on a jury demand, a settlement conference within the next ten (10) days, and an ex parte prove-up hearing within six months after a clerk’s judgment for restitution (4.08).
Chapter 5 (Rules 5.01 to 5.16): the schedule of attorney fees on promissory notes and contracts - in a default action twenty-five percent (25%) of the first $2,000 with a minimum fee of $300.00, then 20%, 15%, 10%, 5% and 2% on the next amounts, the Court to fix fees for recoveries in excess of $150,000.00 - increased in a contested action by reasonable compensation, the clerk to include fees computed by the schedule in a clerk’s judgment, and fees in excess of the schedule on application with declarations (5.01); attorney fees in cases involving minors or persons with a disability under CRC 7.955 (5.02); the compromise of a claim of a minor or person with a disability on Judicial Council Form MC-350 with the order on MC-351, an order to deposit funds on MC-355, the deposit within 48 hours of receipt and the receipt on MC-356 within 15 days, and a petition for withdrawal on MC-357 (5.03); a formal judgment to show the full names and legal capacities of the parties as in the caption, a blank space for costs, judgments with exhibits discouraged, and a proposed judgment lodged with the original judgment when required by Rule 3.1590 (5.04); a judgment on stipulation presented as a separate document (5.05); an appeal of a Labor Commissioner decision under Labor Code §98.2 filed with the complaint and answer, the decision and a proof of service on the Labor Commissioner, set for a trial readiness conference in approximately 30 days, the notice of appeal treated as the first paper for the filing fee (5.06); settlement conferences for civil cases with an estimate for trial in excess of one full day, not earlier than ninety (90) days prior to trial, the parties prepared to make a bona fide settlement offer with principals in attendance or available by telephone, the parties to file and serve a brief statement of the facts and the law no later than five (5) calendar days prior, and the conference dropped only when settlement papers or a dismissal are filed (5.07); a violation of the rules a violation of a lawful court order under Code of Civil Procedure §177.5, the Court adopts and incorporates Rule 2.30 of the California Rules of Court, and any request for money sanctions made upon advance notice, in writing (5.08); arbitration on court order, stipulation or a plaintiff’s election where the award will not exceed $50,000, a disclosure notice within five (5) days of the notice of assignment, an arbitrator’s declination within fifteen (15) days, hearings no sooner than thirty-five (35) days and no later than ninety (90) days from the assignment, hearings that must not exceed three (3) hours without permission for a lengthy hearing, and the arbitrator’s fee of $150.00 (5.09); default prove-ups in written form or by oral testimony, proof by competent evidence of all essential elements (5.10); no judgment by default in an action to quiet title, the application set for hearing on the civil law and motion calendar with oral and documentary evidence of title (5.11); service by publication on ex parte application with declarations of all due diligence, the summons published once a week for four consecutive weeks (Code of Civil Procedure §415.50), and alternative service for an indigent plaintiff/petitioner granted a fee waiver (5.12); the disposition of small claims cases within thirty (30) days after filing when all defendants reside in Siskiyou County and sixty (60) days when any defendant resides outside, the hearing continued for service when the plaintiff contacts the Court, and dismissal without prejudice when the plaintiff does not appear (5.13); a property manager or rental agent who may not file an unlawful detainer action or appear on behalf of the owner, entities that must appear through an attorney, and a property owner of record or a bona fide lessee in his or her own name (5.14); summary dismissal without prejudice if the plaintiff does not file a Proof of Service of the Summons and Complaint within 60 days of the filing of an Unlawful Detainer action (Code of Civil Procedure section 1167.1) (5.15); and False Claims Act proceedings filed in the Yreka Branch with the Confidential Cover Sheet, JC Form MC-060 (5.16).
Chapter 3 (Rules 3.1 to 3.9): routine ex parte applications, with no hearing required and no local form Application for Immediate Court Hearing and Order - applications on which all parties stipulate in writing, applications for waiver of court fees and costs, for appointment of a guardian ad litem to initiate an action or of counsel, a request for an order to show cause without temporary orders or to file documents which exceed page limits, an application for default judgment, a request for order shortening time in Family Code matters on the Judicial Council form, temporary restraining order applications under the Family Code or the Code of Civil Procedure on Judicial Council forms, and a petition for appointment of a temporary conservator by the Calaveras County Public Guardian or Director of Behavioral Health Services (3.1); extraordinary ex parte applications - all others - with the applicant's presence at the hearing required and the local form Application for Immediate Court Hearing and Order, to strictly comply with rules 3.1200 through 3.1207, Family Code §3064 or other statutory authority (3.1); the adequacy of an ex parte application determined on the papers, evidentiary facts on personal knowledge required, and applications for temporary relief with a proposed order filed no later than 12:00 p.m. at least one court day before the requested hearing (3.1); a separate Proof of Service of Summons (POS-010) for each defendant and cross-defendant (3.2); Law and Motion in limited and unlimited civil matters on Fridays at 9:00 a.m. in Department 2, matters limited to ten (10) minutes and a maximum of ten (10) matters on any Friday's calendar, the court to reschedule the hearing date once the maximum allotment has been reached, a matter that justifies a hearing lasting more than ten (10) minutes designated a short cause matter, evidence by written declaration, affidavit or request for judicial notice only, and matters not continued, even by stipulation, except upon approval by the court for good cause (3.3); motions served under the Code of Civil Procedure § 1005(b) timelines - five, ten, twelve or twenty calendar days for service by U.S. Mail, two calendar days for service by facsimile, email, express mail or overnight delivery, and thereafter sixteen (16) court days to the earliest law-and-motion hearing date (3.3); motions to be relieved as counsel on the Judicial Council forms under rule 3.1362, with a declaration identifying all matters calendared for hearing (3.3.1); default judgments by affidavit under rule 3.1800 and Code of Civil Procedure §585(d), the clerk to advise when personal testimony is required (3.3.2); attorney's fees in default actions of 25 percent of the first $1,000 (with a minimum fee of $150), 20 percent of the next $4,000, 15 percent of the next $5,000, 10 percent of the next $10,000, 5 percent of the next $30,000 and 2 percent of the amount over $50,000 (3.3.3); the prevailing party to prepare orders after hearing under rule 3.1312, unless otherwise directed (3.3.4); the court notified at the earliest opportunity of a motion for continuance on the short cause law and motion and order to show cause calendar (3.3.5); a matter with no appearance by the moving party at calendar call ordered off-calendar, all parties then re-noticed (3.3.6); the tentative ruling system on the Law and Motion calendar - tentative rulings available by 2:00 p.m. on the court day preceding the hearing on the court's website, the tentative ruling to become the ruling of the court unless a party desiring to be heard so advises the Court by 4:00 p.m. on the court day preceding the hearing, all other sides notified, by calling 209-754-6285 - and the language every notice of a law and motion matter must include (3.3.7); general civil cases in the Delay Reduction Program under Government Code §68600, the clerk to append at filing the Notice of Inclusion in Civil Case Delay Reduction Program and Setting Case Management Conference, the first conference set approximately 120 days from filing, the filing party and cross-complainants to serve the notice (3.4.1 to 3.4.4); each party to file and serve a Case Management Conference Statement (CM-110) not less than 15 calendar days before each conference, counsel and self-represented parties to attend when there is no tentative ruling or a party objects to it, and tentative rulings for conference hearings on the court's website and at the clerk's filing window (3.4.5); case management plans with disposition within 12, 18 and 24 months, cases initially assigned to Plan 1 (3.4.6); the jury deposit under Code of Civil Procedure §631, a failure to deposit advance jury fees to result in a waiver of trial by jury (3.4.7); motions on the Civil Law and Motion calendar, the Case Management Conference calendar not a Law and Motion calendar (3.4.8); no at-issue memorandum in any delay reduction case (3.4.9); sanctions for failure to comply - monetary sanctions, limitation of evidence and/or dismissal (3.4.10); at-issue general civil actions submitted to judicial arbitration if the amount in controversy will not exceed fifty thousand dollars ($50,000) for each plaintiff under Code of Civil Procedure § 1141.11(b) (3.5); a settlement conference set at least 15 days prior to the trial date (3.6.1); each plaintiff prepared to make a minimum request and each defendant a highest offer, the attorney responsible for the trial of the case to attend, and persons having full authority to settle present, the Court may allow them, only on a good cause application made prior to the conference, to be available telephonically (3.6.2); all counsel to submit to the court and serve on all parties, at least five court days prior to the conference, a Settlement Conference Statement not to exceed five pages, to conform with rule 3.1380, and the parties to have communicated their settlement requests and offers prior to the conference (3.6.3); participation in good faith (3.6.4); on a failure to appear by the parties seeking affirmative relief, the Court may order the trial date vacated, dismiss the action or impose monetary sanctions, a case where no party appears placed on the law and motion calendar for the purpose of being dismissed, and the date for obtaining a default judgment prior to the end of the track in which the case has been placed (3.6.5); a request to set an unlawful detainer for trial on form UD-150, the matter set on the Case Management Calendar within approximately 30 days if possession is no longer an issue, and for trial not more than 20 days from the request if possession is an issue, notice mailed by the clerk at least 10 days prior to trial (3.7); unlawful detainer trials on Tuesdays at 1:30 p.m. in Department 4 by a commissioner unless a written objection is filed at least five (5) court days prior to trial, the commissioner then to conduct the trial as a referee (3.7.1); remote appearances by counsel and unrepresented litigants in non-evidentiary law and motion, probate and case management hearings, with “Remote Appearance” below the title of the papers or Judicial Council forms RA-010 and RA-020 and the court's selected vendor, personal appearances required, unless prior permission is obtained through application and order of the court, in Family Law matters (except for Case Status Conferences), Welfare and Institutions Code matters, guardianship and conservatorship hearings, petitions under Code of Civil Procedure §§ 527.6, 527.7, 527.8 and Welfare and Institutions Code § 15657.03, Judgment Debtor examinations, Mandatory Settlement Conferences, hearings where oral testimony is taken or oral argument is anticipated to exceed 15 minutes, and minor's or incompetent persons compromises, the court reserves the right to reject any request for a remote appearance or to halt the hearing, and a failure to maintain an audible and clear connection considered a failure to appear (3.8); the civil mediation program repealed (3.9).
Chapter 4 (Rules 4.00 to 4.15): the Court utilizes the case evaluation factors of California Rules of Court, Rule 3.715 in differentiating cases to achieve the case management goals of Rule 3.714 (4.00.2); all actions deemed Plan 1 cases at the time they are filed, and upon good cause shown an order changing the designation of a case to Plan 2 or 3 or to exempt a general civil case from the case disposition time goals, on noticed motion or the Court's own motion (4.00.5); a case management conference approximately 120 days after the filing of the complaint, the notice set and filed by the court when the complaint is filed and served by the plaintiff with the case management information sheet, a blank copy of the case management statement and the alternate dispute resolution sheet, appearance in person or remotely, the calendar held remotely in Truckee where notice of an intent to appear in person is due two (2) court days in advance, a case management tentative ruling posted to the court website when an appearance is not necessary, the case at issue at the time of the conference, trial counsel to personally attend, trial counsel and backup trial counsel specified at the first case management conference, proofs of service of complaints and cross-complaints and each party's case management conference statement filed at least fifteen (15) calendar days before the conference, and jury fees paid on or before the date of the initial case management conference under Code of Civil Procedure Section 631 (4.00.8); a short cause case - a time estimated for trial of five (5) hours or less - called for case management conference in the same fashion as a long cause matter or set directly for trial on the short cause calendar, parties who stipulate to a short cause trial date to submit their stipulation to the clerk, and no at issue memoranda (4.00.9); a plaintiff's election to arbitrate filed with the case management conference statements at least fifteen (15) calendar days before the conference, a written stipulation to arbitrate without a limit as to the amount of the award unless it expressly states otherwise, the Court may order appropriate cases to judicial arbitration under California Rule of Court 3.811(a)(2)(3) and (5), mediation as an alternative to judicial arbitration under Code of Civil Procedure Section 1775.2, any limited civil case in which a jury trial is requested submitted to arbitration, and sanctions for the willful failure to meaningfully participate in arbitration or mediation, including non-appearance and a motion or request to continue less than ten (10) court days before (4.00.10); any long cause case, and any short cause case at the discretion of the Court, set for a judicially supervised mandatory settlement conference attended by the attorney who will conduct the trial, the unrepresented parties and persons with authority to negotiate in good faith and reach settlements, remote appearances by court order for good cause upon written request, and a dismissal, notice of settlement or stipulated judgment filed immediately on a settlement (4.02); the first page of each settlement conference statement to specify the date and time of the settlement conference and the trial date, the statement filed no later than ten (10) court days before the conference with a full and complete statement of the information to the extent known or contended, principals, decision makers and insurance carriers to attend in person unless excused by order in advance, and a party that files a request for telephonic appearance by any of them to submit it no less than ten (10) court days prior with the mandatory settlement conference statement (4.02.1); a pretrial conference within two weeks of the first day of trial, conducted by the assigned trial judge, the parties to serve and file at least five (5) court days before it the exhibit lists, witness lists, proposed jury instructions, proposed written voir dire, proposed special verdicts, stipulations and a joint non-argumentative statement of the case (two (2) paragraphs maximum), trial preparation motions under the time limits of Code of Civil Procedure Section 1005 heard on the day of the pretrial conference (Nevada City Branch) or on the law and motion calendar (Truckee Branch), and all motions in limine in one (1) document with consecutively numbered paragraphs (4.03); a request to continue a mandatory settlement conference, civil trial conference or trial under California Rules of Court, Rule 3.1332, a trial conflict good cause only if it arose after the trial date was set and could not have been reasonably avoided, and unopposed motions to continue the trial date to include mutually acceptable future trial dates (4.04); a tentative ruling posted on the court website (www.nevada.courts.ca.gov) on the afternoon of the court day before each regularly scheduled law and motion calendar, the final ruling unless the Court has directed oral argument or notice of intent to appear is given to the clerk's office by 4:00 p.m. the court day preceding the hearing with confirmation that all other parties have been notified, limited argument not to exceed five (5) minutes per side, and the court's research attorney who may sit as a temporary judge on the stipulation of all parties, a party who does not wish to stipulate to notify the other parties and the clerk at (530) 362-4309 by 4:00 p.m. the day before the hearing (4.05.3); the court does not require copies of non-California authorities (4.05.5); attorney's fees on promissory notes, contracts providing for the payment of attorney's fees, and foreclosures - on default, twenty-five percent (25%) of the first $1,000 but not less than $150.00, twenty percent (20%) of the next $4,000, fifteen percent (15%) of the next $5,000, ten percent (10%) of the next $10,000, five percent (5%) of the next $30,000 and two percent (2%) of the amount over $50,000, reasonable attorney's fees in contested matters, and in unlawful detainer actions proceeding by default or as an uncontested matter no more than eight hundred dollars ($800) unless the prevailing party demonstrates good cause (4.07); sanctions when any counsel, party, person or entity fails to comply with these local rules - to strike out a pleading, dismiss the action, enter a default judgment or impose penalties of a lesser nature, with reasonable attorney's fees and costs (4.08); counsel or a self-represented party who utilizes large-sized exhibits at trial to submit an 8 ½ x 11-inch copy to the clerk, who will keep the copy for the record (4.10); a bench warrant or other appropriate relief when a properly served judgment debtor fails to appear at the debtor's examination (4.11); the order after hearing to recite the Court's order verbatim without the tentative ruling procedures, counsel preparing it to secure opposing counsel's approval of its form within ten (10) court days, the signed order served within five (5) days, and the court does not accept proposed orders in advance of hearings except for ex parte hearings, mandatory Judicial Council forms and evidentiary objections (4.12); applications for civil harassment, elder abuse, and workplace violence temporary restraining orders noticed to the opposing party or attorney by 10:00 a.m. the day before review unless accompanied by a declaration setting forth good cause, the pleadings and any opposition presented to the Civil Division Clerk's Office by 4:00 p.m. the court day prior, and review Monday through Friday beginning at 8:30 a.m. by a judicial officer designated by the Presiding Judge, generally without oral argument and solely upon written application without a court hearing (4.13); small claims cases without a proof of service after two (2) continuances may be dismissed without prejudice (4.14); all civil cases filed in, pending in or transferred to the Nevada City Branch, excluding family law matters, assigned for all purposes to the judge whose regular assignment is in Department 6 (4.15).
Section 5 (Rules 5.01 to 5.21): the schedule of attorney fees considered by the court in actions on promissory notes and contracts providing for the payment of attorney fees - in a default action 25% of the first $2,000 awarded as damages, 20% of the next $4,000, 15% of the next $4,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of amounts in excess of the first $50,000, in a contested action the same amount increased by compensation computed on an hourly or per-day basis - the clerk to include attorney fees computed pursuant to the fee schedule in a clerk's judgment, and fees claimed in excess of those allowed fixed by the court on an application supported by declarations (5.01); all unlawful detainer cases assigned a case management conference date at the time the complaint is filed, the plaintiff to serve the LF-UD-102, Notice of Case Management Conference, on each defendant at the time of service of the complaint (5.02); a proposed order that contains the findings required by Insurance Code sec. 10139.5 lodged at the time of filing a petition to approve a transfer of structured settlement payment rights (5.03); where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits a concise outline of the discovery request and each response in dispute in lieu of the separate statement (5.04); forms of judgment that clearly show the full names of the parties and their capacities as they appear in the pleadings, with a blank space for costs (5.05); the proposed order or judgment on a written stipulation lodged as a separate document (5.06); a Notice of Appeal from the Labor Commissioner under Labor Code §98.2 filed with a copy of the complaint and any answer, a complete copy of the order, decision, or award and a declaration of proof of service upon the Labor Commissioner, the notice treated as the first paper for the filing fee (5.07); a party seeking judgment for costs on appeal to submit a separate Judgment Re Costs/Fees on Appeal following a verified memorandum of costs under California Rules of Court, Rule 8.278 (5.08); a violation of these rules a violation of a lawful court order under Code of Civil Procedure §177.5, subject to sanctions (5.09); default prove-up applications and evidence presented in written form, except where the Clerk may enter judgment (5.12); no direct fax filings - the court will accept filings through a fax filing agency under CRC Rule 2.303, with the exception of the documents identified in CRC 2.300(b) (5.14); a party making an ex parte application to contact the judicial assistant for the bench officer in whose department the matter is to be heard to schedule the hearing, and to inform the court immediately if the party elects not to proceed (5.15); the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of eligibility of Government Code Sections 68632 and 68633 (5.16); law and motion matters in general civil actions set on each Monday in the department to which the action has been assigned for all purposes, or the following court day when Monday is a court holiday (5.17); a party seeking to continue a law and motion hearing, or who does not intend to proceed, to file and serve a notice of continuance or withdrawal at least two court days before the originally scheduled hearing date, a notice of continuance that must contain a declaration by counsel that all parties have agreed, and the Court may reject a continuance notwithstanding any agreement (5.17); the Court does not follow Rule 3.1308(a) - tentative rulings available online no less than 12 hours in advance of the time set for hearing on the court's website, no notice of intent to appear required, and the ruling not final until the hearing (5.17); a proposed order submitted at the time of filing any demurrer, motion or other application for order (5.17); counsel with court appearances in two or more departments at the same time to advise the courtroom clerks and request priority handling in one department (5.18); actions under the California Environmental Quality Act filed in the civil section of the clerk's office and assigned for all purposes to a judge designated by the presiding judge, a status conference requested within fifty (50) days of the filing of the petition, the briefing schedule and hearing, and briefs with specific references to the administrative record (5.19); a notice form inviting mediation lodged within five (5) days after the deadline for respondent to file a response (5.19); the preparation of the administrative record by the public agency or by petitioners, its format in volumes of not more than three hundred (300) pages and its order, its certification and lodging within sixty (60) days, disputes about its contents on noticed motion, the hearing to certify the record, and a trial notebook filed no later than fifteen (15) days prior to the hearing (5.19); the court exempts itself from the small claims advisory service requirements of Code of Civil Procedure § 116.940(b) (5.20); service on the other party by delivery to the clerk of the court under CCP section 1011 only on an order upon application, on Local Form LF-MSC-104 setting forth due diligence efforts (5.21).
A standing order of the Presiding Judge (Michael J. McLaughlin) dated August 26, 2026: upon timely filing of a request to set case for jury trial in an Unlawful Detainer, the matter assigned for jury trial purposes to Department 9 on the West Slope and to Department 4 on the East Slope, until further order of the Court.
An order of the Presiding Judge (Vicki Ashworth) dated November 15, 2022: effective November 15, 2022, due to the lack of judicial resources available to the South Lake Tahoe Session, and under the California Rules of Court, rule 2.818(b), good cause found to waive the limitation on the service of temporary judges in unlawful detainer cases wherein one party is self-represented and the other party is represented by an attorney or is an attorney, in effect until modified or revoked.
Rule 4 (4.1 to 4.12): unlawful detainer cases filed after July 1, 1997 - the policy of concluding 90% within thirty (30) days of filing and 100% within forty-five (45) days (4.1, 4.4); exception orders (4.5); an OSC re: Dismissal in 45 days unless the case is adjudicated or a Request to Set Case for Trial – Unlawful Detainer (Judicial Council of California Form UD-150) or a conditional settlement is filed (4.6); a proposed order for service by publication or posting stating the date by which service will be completed (4.7); form UD-150 filed within 45 days of the complaint (4.8); trial dates assigned under the direction of the Supervising Judge of the Civil Division (4.9); a jury demand with the request or within five (5) days after its service, and jury fees deposited at least five (5) calendar days before trial (4.10); and the duty of counsel - accurate trial time estimates, immediate notice of a settlement, and the plaintiff's dismissal, stipulated judgment or conditional settlement (4.12).
Chapter 20.00 (Rules 20.1 to 23.0, as numbered): civil case management under the Delay Reduction Act (Govt C§68600 et seq.) - the general civil cases subject to Rule 20.1 (20.1.1), classification within 12, 18, 24 and 36 months under California Rules of Court, Rule 3.714 (20.1.2), changes in classification (20.1.5), the first case management conference approximately one hundred and twenty (120) calendar days from the filing of the complaint, its notice served with the summons and complaint (20.1.7), the Case Management Statement (Judicial Council Form CM-110) filed and served no earlier than thirty (30) days but at least fifteen (15) calendar days before the first conference (20.1.8), judicial arbitration (20.1.9), settlement conferences for long cause trials and the settlement conference statement filed not later than ten (10) days before (20.1.10), civil trial conferences normally ten (10) days before trial (20.1.11), continuances of conferences and trials only on noticed motion or by ex parte application on the written stipulation of all parties, with mutually acceptable future trial dates (20.1.12), and sanctions (20.1.13); civil law and motion - hearing dates reserved before filing, and written notice of stipulation or non-stipulation to a Commissioner at least five (5) Court days before the hearing (20.2), the required conference before filing a motion or demurrer (20.2.1), dropping and continuing hearings, not within three (3) court days without the department's permission (20.2.2), tentative rulings on the court's website after 12:00 noon the court day before the hearing, oral argument requested by calling (916) 408-6481 (the Tahoe Division: (530) 584-3463) no later than 4:00 p.m., and the statement each notice of motion must include (20.2.3), orders after hearing submitted within five (5) days (20.2.5), and the matters Rule 20.2 governs (20.2.6); notice of settlements and the Notice of Settlement (Judicial Council Mandatory Form CM200) (20.3); motions in limine filed and served 10 days before trial, oppositions 5 days before (20.4); the schedule of attorney fees in default actions, 25% of the first $2,000 with a minimum of $150 (20.7); adult adoptions renumbered (20.10); a $35 charge to set up a payment plan (20.11); letters not filed in civil matters (20.12); unlawful detainer cases set for trial on Judicial Council form UD-150 (20.13); association of counsel (20.14); small claims - the clerk's service of the claim (Judicial Council form SC-100) with the copies and pre-addressed envelopes the plaintiff supplies (21.1), the Notice of Entry of Judgment (Judicial Council form SC-130) (21.2) and the return of documents (21.3); CEQA petitions (22.0); and vehicle forfeiture under Vehicle Code section 14607.6 (23.0).
Civil harassment orders picked up at the Clerk's Office (2nd Floor) from 3:30 PM to 4:00 PM - the same day if filed before 10:00 AM, the next business day if filed after; a table of civil items pending (estimates updated each business Friday); direct calendaring under Local Rule 3-101 (carded) and the Notice of Case Assignment served with the complaint, summons and ADR information; remote appearances - case management conferences, law and motion and ex parte hearings remotely under Code of Civil Procedure section 367.75 and California Rule of Court 3.672 (notice waived; in person when the tentative ruling or the court requires it), the telephone bridge (209) 992-5590 with each department's bridge and PIN (Departments 10A, 10B, 10C, 10D, 11A and 11B), Zoom at the judicial officer's discretion, no recording; evidentiary hearings, settlement conferences, trials and order to show cause hearings in person unless authorized in writing - the Notice of Remote Appearance (RA-010) and the Order Regarding Remote Appearance (RA-020) no later than 10 court days before, an opposition (RA-015) no later than 5 court days before, copies to the department; law and motion heard Tuesday through Friday at 9:00 AM (except when Tuesday is the first court day of the week), at least five available dates with the moving papers, the proof of service on file before the hearing, motions heard remotely unless directed otherwise; courtesy copies under Local Rule 3-117 (carded) to the 1st floor drop box; petitions to approve a minor's compromise heard by the Probate Judge in Dept. L2 on Mondays only (California Rule of Court 7.950 and following); tentative rulings posted by 1:30 PM the day before and contested by email to the civil court clerks no later than 4:00 PM the day before, with the affected parties notified (otherwise the tentative ruling becomes the ruling); ex parte matters approved by the civil courtroom before filing (not unlawful detainers); trial counsel, parties and persons with full authority to settle at mandatory settlement conferences; telephone appearances; and the clerk's office, phone and drop box hours.
New unlawful detainer complaints, from January 3, 2022, dropped at the clerk's office window or placed in the civil drop box (processed within 24 hours); the filer's responsibility for current forms and attachments; self-addressed stamped envelopes; the supplemental cover sheet with form CM-010 (Code of Civil Procedure section 1179.01.5(c)) and the COVID-19 rental debt caption (section 1161.2.5); the court's processing of commercial and residential complaints and defaults under AB 3088; for landlords and tenants - notices, filing (an original and at least two copies), service and the proof of service, five court days to respond, defaults (requests for clerk default judgment for possession left with the clerk, not processed at the counter), the Memorandum to Set Case for Trial and the court's notice of trial; preparing for trial (three copies of each document); interpreters (the page says the court does not provide them for this case type - a review task: the Interpreter Information page lists unlawful detainer cases); requests for hearing assistance three days before; remote appearances under Local Rule 9-101 (carded) - in person unless authorized in writing, RA-010 no later than 5 court days and RA-015 no later than 3 court days before the hearing; courtroom conduct; post-trial - the prevailing party prepares the judgment, the clerk prepares the Notice of Entry of Judgment only for a self-represented prevailing party, the landlord prepares the Writ of Possession, five days to vacate after the Sheriff's notice; and the clerk's office, phone and drop box hours.
Rules 9-100 (repealed) and 9-101: remote appearances in small claims actions, unlawful detainer cases, civil harassment restraining orders and other evidentiary hearings (Civil Code of Procedure section 367.75; California Rule of Court, rule 3.672) - in person unless the judicial officer who is to hear the matter authorizes a remote appearance in writing, a Notice of Remote Appearance Form RA-010 filed and served no later than 5 court days before, an Opposition to Remote Proceedings Form RA-015 no later than 3 court days before, copies delivered to the department, and the termination of a remote appearance for cause.
Chapter 7 (Rules 7.1 to 7.3): jury trials - jury fees for the first day due no later than twenty-five (25) calendar days before trial (five (5) calendar days in unlawful detainer actions), no jury drawn without them, the schedule of jury fees, waiver and refunds (Code of Civil Procedure section 631), requested jury instructions under rule 2.1055 of the CRC on CACI forms, delivered no later than the first morning of trial, instructions for the jury room unmarked by party, written motions in-limine filed no later than the readiness conference, and the demand for jury trial (7.1); ex parte applications under rule 3.1200 – 3.1207 of the CRC - notice to all parties no later than 10:00 a.m. the court day before (shorter reasonable notice in unlawful detainer proceedings), the contents of the notice, the declaration regarding notice, no application rejected for filing, and applications without a personal appearance in the Court's discretion (7.2); and the schedule of attorney fees in default actions on notes and contracts - 25% of the first $2,000 (a minimum fee of $175), 20% of the next $4,000, 15% of the next $4,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of the next $50,000 (7.3).
Chapter 8 (Rules 8.1 to 8.6): the civil law and motion department designated by standing order, which also hears petitions for change of name, emancipation of minors, harassment petitions and applications for a guardian ad litem; a moving party's failure to appear; notice when a matter is dropped; one continuance by stipulation if the Court is informed at least five (5) days before the hearing; civil law and motion matters heard at 9:00 a.m. on Fridays and unlawful detainer actions at 3:30 p.m. on Mondays unless changed by standing order or order of the Court; and a separate family law and motion calendar (8.1); telephonic appearances under rule 3.670 (c) of the CRC through CourtCall, arranged not less than three (3) court days before the hearing at (888) 882-6878, and not generally allowed for contested summary judgment motions or settlement conferences unless approved in advance (8.2); judicial notice under Evidence Code sections 452 or 453 - copies to the Court and each party, and court files brought to the courtroom on arrangements at least three (3) days in advance (8.3); matters submitted without appearance, on notice at least three (3) days before the hearing, with proposed orders at least five (5) days before (8.4); late-filed papers and courtesy copies (8.5); and writs of review, mandate and prohibition - service under Code of Civil Procedure sections 1107 and 1088.5, motions and orders to show cause, alternative writs served at least five (5) days before the ex-parte hearing, pleadings, evidence confined to the administrative record in administrative mandate proceedings (section 1094.5), meeting and conferring before the first hearing, the scope of review and summary denial (8.6).
Chapter 13 (Rules 13.1 to 13.4): the disposition goals - 90% of unlawful detainer cases within sixty (60) days and 100% within ninety (90 days) (13.1); a status conference for cases not set for trial 25 days after filing (13.2); motions to quash no more than 5 days after the proof of service, set on the next available unlawful detainer calendar at least three days later, and other motions and demurrers at least five days later (13.3); and court trials set within five (5) to twenty (20) days, jury trials with a settlement conference within ten (10) days and trial within twenty (20) days, and jury fees of $150 deposited at least 5 calendar days before trial (13.4).
Chapter 2 (Rules 2.1 to 2.16): joint case management conferences and orders to show cause - for failure to file a proof of service, set not later than 45 days after the filing of the complaint in unlawful detainer actions, 180 days in limited civil actions (California Rules of Court, Rule 3.740) and 75 days in unlimited civil actions; for failure to dismiss or file a default judgment, not later than 395 days in unlawful detainer and limited civil actions; a status conference not later than 120 days after the filing of the answer (limited civil) and a case management conference 120 days after the filing of the complaint (unlimited civil, Rules 3.722-3.730); local forms MCV-102 and MCV-101 filed with the complaint (2.1); continuances - one (1) time by stipulation, further continuances on a fully executed stipulation and proposed order, noticed motions otherwise, and five (5) business days' notice where an interpreter has been requested (2.2); the pretrial conference - a Joint Pretrial Statement no less than five (5) business days before, its contents, trial briefs, motions in limine, voir dire questions (rule 3.1549), jury instructions (rules 2.1055 and 2.1058) and verdict forms no less than five (5) business days before the conference (2.3); motions in limine, meet and confer before any motion, motions to compel entry of judgment under Code of Civil Procedure § 664.6, and no regular reporting of civil or probate law and motion (2.4); exhibits - meeting before the pretrial conference, depositions and administrative records on a USB flash drive, pre-marking, exhibit lists, copies, trial binders and post-trial return (2.5); tentative rulings issued no later than 3:00 p.m. the business day before, oral argument on notice by 4:00 p.m. the business day before and heard each Friday (2.6); mandatory settlement conferences - the statement under rule 3.1380(c), medical reports and special damages, offers and demands, liens, attendance of all persons whose consent is required (travel more than 150 miles), and the order to show cause after form CM-200 (2.7); electronic service by the court and the forms EFS-005-CV, EFS-007 and EFS-006 (2.8); prove-up hearings for default judgments (2.9); an attorney as witness (2.10); administrative records lodged on a USB flash drive (2.11); the attorney fee schedule in a default action on a note or contract - 25% of the first $5,000 with a minimum of $250, 10% of the amount over $5,000, and a prove up hearing where the request exceeds $7,500 (2.12); small claims service by certified mail on local form MMC-300, delay reduction and proof of service under CCP section 116.340(c) (2.13, 2.14); unlawful detainer trial setting and the jury demand no later than five (5) calendar days after notice of a trial date (2.15); and advance jury fees deposited at least five (5) calendar days before trial (Code of Civil Procedure section 631), with forms FW-002 and FW-003 (2.16).
Chapter 2 (Rules 2.1 to 2.14): the Amendment to Complaint Form in Appendix 2.1 to add a properly named Doe defendant or correct an incorrectly named defendant (2.1); Rules 2.2 and 2.3, deleted effective 01/01/2024; continuance of a case set for trial only on a notice of motion heard on the civil law and motion calendar - a stipulation is not a sufficient basis (2.4) - and of a post-trial matter only with the Court's approval (2.4.1); settlement conferences in civil cases, requested through the website of the Superior Court of Humboldt County no sooner than sixty (60) days and no later than thirty (30) days before trial, the itemized list of damages furnished at least five (5) court days before the Settlement Conference, the attendance of the parties, the attorneys who are to try the case and insurance representatives, the Settlement Conference Statement filed no less than five (5) court days before the conference, and counsel's discussion not less than two (2) court days before it (2.5), with sanctions for failure to attend (2.5.1); civil trial rules - the Pretrial Conference Statement filed and served no later than seven (7) court days before trial, the long form juror questionnaire (form JURY-001) submitted no later than fifteen (15) court days before trial, the trial memorandum (not to exceed seven (7) pages, its points and authorities not to exceed fifteen (15) pages), the jury trial conference thirty (30) minutes before trial, motions in limine filed and served no later than fourteen (14) court days before trial and oppositions seven (7) court days before, and the motions in limine deemed granted at the time of trial (2.6); proposed pattern jury instructions from the latest editions of the Judicial Council of California, Civil Jury Instructions (2.6.1); law and motion hearings, the total presentation not to exceed fifteen (15) minutes (2.7 and 2.7.1); the Trial Court Delay Reduction Program - differentiated case management under rule 3.714, the Notice of Inclusion in the Delay Reduction Program served with the complaint (Appendix 2.8.2), and the exemptions and dismissal following settlement under rules 3.712, 3.714 and 3.1385 (2.8 to 2.8.7); applications for ex parte orders and emergency stays in civil matters - heard according to the schedule available on the Court's website, the pleadings received before 12:00 p.m. (noon) for the next court day's calendar, oppositions filed no later than two (2) hours before the hearing, and "EMERGENCY STAY REQUESTED" in the caption of an emergency application (2.9); the schedule of attorney fees in default proceedings, from 15% with a minimum of $75 to $2,890 plus 1% of the excess over $100,000 (2.10); citations to an official reporter, or a complete hard copy of an authority without one (2.11); dismissal of an unlawful detainer when proof of service of the summons is not filed within sixty (60) days of the filing of the complaint (Code of Civil Procedure section 1167.1) (2.12); default judgments only after all non-defaulting parties, including all Does, are dismissed (2.13); and changing a noticed hearing date only by stipulation and order, a properly noticed ex parte application, or the Court sua sponte (2.14).
Division 56 (Judge Betsy Benson) published an AI-use disclosure/certification requirement. Preempted eff. 6/15/2026 by Rule 2.515(d)(2) + AOSC26-12; still posted as of 7/5/2026.
Division 82 (Judge Lauren N. Peffer) published an AI-use disclosure/certification requirement. Preempted eff. 6/15/2026 by Rule 2.515(d)(2) + AOSC26-12; still posted as of 7/5/2026.
Division 80 (Judge Olga Levine) published an AI-use disclosure/certification requirement. Preempted eff. 6/15/2026 by Rule 2.515(d)(2) + AOSC26-12; still posted as of 7/5/2026.
General provisions - citation (2.1) and application of the rules (2.2); administration of civil litigation - forms to be issued by the clerk upon filing of a complaint (2.3), case management conferences (2.4), service of summons and complaint (2.5) and the responsive pleading (2.6); law and motion matters - form and format of papers presented for filing (2.7), miscellaneous general provisions (2.8), hearings (2.9), tentative rulings (2.10), orders (2.11), applications for ex parte orders, provisional remedies and orders shortening time, the time for presenting applications in each department obtained online on the court's civil page (2.12), and the discovery facilitator program (2.13); settlement and issue conferences - the settlement conference (2.14) and the issue conference (2.15); rules for certain civil case types - approval of compromise of a minor's claim (2.16), unlawful detainers (2.17), uninsured motorist cases (2.18) and small claims, continuances requested in writing at least ten (10) calendar days before the hearing date and exhibits (2.19); sanctions (2.20); documents not filed or admitted at hearing or trial (2.21); and procedures for handling mediator complaints (2.22).
The weekly calendars of the four civil departments - Department 3 (Courtroom 301, Hall of Justice) and Departments 7, 8 and 22 (Courtrooms II, I and III, Old Solano Courthouse) - each day's times for law and motion, case management conferences (set by the clerk's office or by the court), unlawful detainer trials and motions, court and jury trials, trials de novo, prove-up hearings, examinations, claims of exemption, name change petitions, fee waiver hearings, civil harassment, ex parte hearings, and settlement and trial management conferences; Department 22's calendar also carries probate estates, trusts and other probate petitions, probate conservatorships, estate compliance hearings and the CARE Court calendar; Department 7's note that Friday may not be available for a jury trial when the court is engaged in unlawful detainer matters.
Department 22's guidelines for Zoom hearings: Zoom is not permitted for mandatory settlement conferences, trial management conferences, informal discovery conferences, order for examinations, unlawful detainers, trials or for parties who have been ordered to appear in person; a party or attorney who elects to appear via Zoom for law and motion, evidentiary hearing or court trial must have an email address on file with the court and is deemed to agree to email/electronic service of an order after hearing; user error resulting in a need for continuance may serve as basis for award of fees, costs or other sanctions; Zoom appearances authorized only for attorneys, parties and persons appearing in pro per; advance preparation (a computer, smart phone or tablet with a microphone, camera and Internet access; testing Zoom before the hearing); scheduling (the Court as the meeting host; signing on at least 10 minutes early); the hearing (the waiting room, video and sound turned on, participants on mute until called upon, observers on mute, no recording, photographing or screen shots; the court reporter transcript the only official record); and attendee responsibilities (no references not allowed in the courtroom while testifying; no distractions); no appearances from moving vehicles or other meetings or court appearances.
Remote appearances in unlawful detainer cases only as authorized by California Rules of Court, rules 3.670 and 3.672 (14.1); trial management and settlement conferences in the court's discretion (14.2); attorney fees in default matters - cases filed as limited or unlimited civil matters and the schedule of attorney fees (14.3); and the setting of demurrers, motions to strike and other motions (14.4).
Civil ex parte applications reviewed in chambers by the assigned judicial officer with no appearance or hearing - presented by e-file (attorneys) or at the Civil Clerk's Office (parties without attorneys) no later than 10:30 a.m. on the assigned judge's review day (Courtroom 19 Mondays, 17 Tuesdays, 16 Wednesdays, 18 Thursdays), the $60 fee and any first appearance fee included, courtesy copies not accepted by e-mail or fax, orders returned after 2:30 p.m. and served by the applicant; Local Form CV-40 when the assigned judge is unavailable; unlawful detainer ex partes Monday to Friday by 8:30 a.m.; proposed orders in word processing format e-mailed to the department; the settlement conference statement delivered directly to the panelist five court days before the conference; calendar dates obtained by filing the moving papers; the tentative ruling recordings.