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The court’s reference for AB 1950 petitions: a petition filed by Probation, setting a hearing date out a minimum of 25 days, the District Attorney working with Probation to select an appropriate number of cases to be filed per week, a copy sent to Defendant, District Attorney’s Office, and Public Defender or last known attorney, the District Attorney’s Office to file a Response and Order (Concur or Object) - on concurrence the Petition sent to the Duty Judge for signature and entry of Order, on an objection or no response the matter remaining on calendar on the date listed on the Petition - and a copy of the Response and Order provided to the District Attorney, Probation, and Defendant/Counsel; a petition filed by Defendant or Counsel, setting a hearing date out a minimum of 25 days, a copy provided to the District Attorney’s Office and the Probation Department and a Proof of Service filed with the Court, and the same response; the Court may reject a filing as a duplicate filing, previously granted, with an incorrect or missing case number, with no hearing date or with a missing Proof of Service, but will not reject a filing because the defendant’s signature is missing or not an original signature or because the court date selected is not 25 days out, as long as it is more than 14 days; and a court date on a weekend or holiday set on the next business date.
The court’s notice to the public: electronic filing (e-Filing) made available in Civil and Small Claims cases effective September 14, 2026, encouraged but not mandatory at this time, paper filings accepted at the Court’s public counter, drop box and by mail, Fax Filing accepted through January 31, 2027 and replaced by e-Filing beginning February 1, 2027, and the e-Filing process, the Electronic Filing Service Providers (EFSPs) and the Frequently Asked Questions posted on the Court’s website.
An appeal the review of a trial court's final judgment or other legal ruling, not a new trial; the time to appeal and the rules for each case type - infractions (a notice of appeal within 30 days; rules 8.900 – 8.929), misdemeanors (30 days; rules 8.800 – 8.816 and 8.850 - 8.890), felonies (60 days, with any statement required by Penal Code section 1237.5; rules 8.300 – 8.368), limited civil (rule 8.822; rules 8.820 through 8.843), unlimited civil, including probate, family law and adoptions (rule 8.104; rules 8.100 – 8.278), small claims (filed with the civil division within 30 days after the decision, or after the date it was mailed), juvenile delinquency and dependency (60 days; rules 8.400 – 8.474 and 8.450 – 8.470) and habeas corpus (60 days; rules 8.380 – 8.388); the appellate fees by case type and file size - a Clerk's Transcript Deposit of $100.00, $0.50 per page, $1.00 for each cover sheet and title and index page, a $20.00 flat shipping fee per transcript shipment and $25.00 for the clerk's record certification, all copies paid in advance or a fee waiver received and accepted before the case type deadline, and a Court Reporter's Transcript Fee deposit of $50.00; the clerk's transcripts and the notice of appeal fee by case type (infractions and misdemeanors 4 copies and an infraction's audio recording $25.00; felonies 4; civil cases 2 (a Labor Commissioner award 4), the fee to file a notice of appeal $225.00 up to $10K, $370.00 from $10K to $25K, $30.00 for a Labor Commissioner award, $425.00 for a menacing dog case and $100.00 above $25K and in family law; small claims no transcript and a $75.00 fee); every appeal filed with the appellate division except parking citations, at the Clerk's Office or in the dropbox (Local Rule 11.22), parking citations appealed through the issuing Police Department; the filing guidelines (pleadings under California Rules of Court, Rule 2.100 et seq.; papers pre-punched in the standard two-hole position under rule 2.115; an original and one copy, only two copies conformed; conformed copies returned by mail only with a self-addressed stamped envelope; advanced reservations for all Unlimited and Limited Civil Motions; documents without the filing fees returned un-filed; a copy of the judgment for a Writ of Execution or Abstract of Judgment; papers on the day of the hearing filed in the courtroom unless there is a filing fee, then at the public counter); telephone appearances through CourtCall arranged no later than five Court days before the hearing in non evidentiary pre-trial proceedings (rule 3.670), not for trials, pre-trials and settlement conferences; a change of address on JUDICIAL COUNCIL FORM MC-040.
A person ordered to pay a fine or fee on a criminal case and unable to pay the full amount by the due date (usually 30 days) reports to the Collections Department before the due date for payment arrangements based on ability to pay, completing a Personal Data Sheet with financial information and bringing documents that substantiate the financial status; the department in the jury assembly room of the courthouse at 500 Argonaut Lane, Jackson, open Monday through Friday 9:30 am to 3:00 pm (209-257-2688); payment by phone with a credit or debit card (Visa or MasterCard), in person or by mail, checks payable to Amador Superior Court with the case number, no cash by mail, a $50 non sufficient funds fee on a returned check; no monthly statements or reminders; on failure to pay or arrange payment by the due date wage garnishment, interception of the state tax refund, a violation of probation hearing, referral to an outside collection agency, a Civil Assessment of $300 and a hold on the driver's license; an address change reported within 10 days; the court possibly imposing a $300 civil assessment under PC 1214.1 and a $35 civil assessment collections fee (a case increased by $335); payments due each month by the due date; a receipt for a mailed payment sent with a self addressed stamped envelope.
A transcript a typed copy of testimony and an official record of proceedings; the clerk minutes accessible online through the Case Search (the Dockets tab, entries starting with "CLERK'S MINUTES"), the court accepting no transcript requests for minutes; transcripts and recordings requested on the online transcript/recording request form, a separate form for each request, the court reporter giving the cost of the transcript, how to pay, the time to complete it and where to pick it up; a court recording (Government Code Section 69957) produced for the current fee of $25.00 per USB Drive, the court providing no transcripts of electronic recordings (a transcription agency to be contacted).
The Alternative Sentencing Program through the Amador County Probation Department (675 New York Ranch Road, Jackson; 209-223-6387); on a warrant, surrender to a Sheriff's Department, or a completed EX PARTE Application to Place Matter on Calendar with the Order on Application for judicial determination, or an attorney to appear; the forms the page lists - CR-180 (a petition to dismiss under Penal Code 17(b), 17(d), 1203.4, 1203.4a, 1203.43 or 1203.49) with its proof of service and order, CRIM-072 and CRIM-073 (an order shortening time for filing and service), CRIM-070 and CRIM-071 (a matter placed on calendar when counsel or a party is unable to comply with procedures), the AB 1950 forms CRIM-502A to CRIM-502D, the certificate of rehabilitation forms CRIM-502.1 to CRIM-502.4, the DUI forms CRIM-400 to CRIM-403, CRIM-016, CRIM-101, CRIM-017, CRIM-243, CRIM-025 (a Request for Modification, the Defendant's Statement of Assets (CR-230) attached), CRIM-203 (Plea in Absentia), CRIM-032, CRIM-002 (Penal Code §977) and the Prop. 47 forms CRIM-237, CRIM 238 and CRIM 240; a Public Defender possibly appointed, on request, when the defendant cannot afford counsel, the judge deciding how much of the appointed lawyer's fees the defendant must pay; a Protective Order terminated only by court order, on a request presented by the District Attorney, the defendant's attorney or the defendant if unrepresented - the protected person not a party, who must contact the Defense attorney or the District Attorney; a matter placed on calendar by motion or by the EX PARTE Application with the Order on Application to Shorten Time for Service; a fine due date, a work program in lieu of fine or jail, or a probation condition modified by a Request for Modification; ignition interlock devices monitored by the DMV; Home Electronic Monitoring not ordered by the court, applications directed to the Amador County Sheriff's Department.
The court’s answers to 61 questions on electronic filing: eFiling governed by Code of Civil Procedure (CCP) §1010.6(b) and California Rule of Court (CRC) §2.250 – 2.261, through an electronic filing service provider (EFSP), not mandatory at this time and not required of self-represented litigants; the technical requirements and the documents exempt from eFiling referred to the Local Rules of Court (Chapter 1), exempt documents submitted in person at the Clerk’s Office, by mail or in the drop box; eFiling not the same as fax filing, and fax filing still available; an EFSP required except for Domestic Violence (DV) and Gun Violence (GV) related filings, any approved EFSP listed on the Court’s website, provider fees in addition to the filing fees charged by the Court, and no transaction charges for parties requesting or granted a fee waiver nor Government Code §6103 agencies; the Court to attempt to confirm the filing or receipt of documents within two (2) business days; filings 24 hours a day, an eFiling received before midnight deemed received or filed on the same business day if accepted, after midnight the next business day; a rejected document corrected and resubmitted, relief applied for if it is not timely filed; the Filing Document Name, the lead document, bookmarks and hyperlinks; the filed stamp on the top of the first page, the judicial assignment stamped on the case initiating document; an initiating document and fee waiver application in the same envelope, hearing dates assigned when the moving document is received and processed, all documents, including any proposed order, as separate searchable PDF documents, a proposed order in the same envelope as its motion, request or application; a Proof of Service eFiled pursuant to CRC rule 2.251(j)(1) - (3); ex parte filings designated by document type and expedited; a document confidential only pursuant to legal authority or the Court’s determination; restraining order requests and responses eFiled or conventionally filed, no fee on a Domestic Violence matter; no digital evidence by eFiling, lodged documents submitted in paper; the common reasons for rejection, including a document not bookmarked and/or text searchable (CRC rule 2.256); no cancellation after submission and no electronic service by the Court; 300 DPI resolution recommended, original signatures retained under CRC rule 2.257, no password protected documents; the $150 jury fee by the “Notice: Jury Fees” document type; certified copies by first class mail or in person; and refunds requested in writing (Code of Civil Procedure §411.20 and Government Code §6159) for the qualifying reasons, returned to the entity that made the payment.
Electronic filing available beginning Monday, September 14, 2026 at 8:00am PST for attorneys, attorney service companies and self-represented parties, at any hour; at launch case initiation and subsequent filings accepted in Civil (Limited Jurisdiction), Civil (Unlimited Jurisdiction) and Small Claims, all other case types to be added in a future phase and announced on the page; all electronic filings submitted through an approved Electronic Filing Service Provider (EFSP), fees, features and customer support varying by provider, filers choosing any approved provider; the court's Frequently Asked Questions and its list of active vendors linked from the page.
The family law department's filings - dissolution, legal separation and nullity, paternity, custody and visitation, support, property division, domestic violence restraining orders and child support actions; all cases involving the Central Sierra Child Support Agency (CSCSA) heard by a Superior Court Commissioner, the Family Law Facilitator assisting in child support cases, a telephonic appearance for a child support hearing requested on the Request to Appear form; custody and visitation mediation required by California law when parents do not agree, private mediation encouraged (the list of Family Law Mediators); the Orientation Program mandatory for all parents with child custody and visitation issues, which may be completed on the morning of the hearing (a seat in the hallway outside of Department 2), and the online course Parenting After Separation (www.familieschange.ca.gov) expected before the hearing and mediation; the Family Law Facilitator - a voice mail at 209-257-2627 or an email with the name, case number and issue, calls and emails returned Monday, Tuesday and Friday between 9:00 a.m. and 12:00 p.m., drop-in Monday and on Fridays, 9:00 AM - 12:00 PM, and appointments by email, assistance with support, health insurance orders, paternity, arrearages, dissolution, custody and visitation and domestic violence restraining orders, without representation, personalized advice, strategy or an appearance in court; the local forms (the Case Intake Form under Amador Rule of Court 11.20, FCA-200 to FCA-206 for stepparent adoption, FCS-004, FCS-006, FCS-031, FCS-043, FCS-044, FCS-052, FCS-080, FCS-92, FCS-100, FCS-104, FCS-105, FCS-106 and the Notice of Remote Appearance RA-010); the adjudicated newspaper, the Ledger Dispatch; papers filed at the Clerk's Office or left in the dropbox (Local Rule 11.22), papers on the day of the hearing filed in the courtroom, pleadings complying with California Rules of Court, Rule 2.100 et seq., papers pre-punched in the standard two-hole position (rule 2.115), an original and one copy with only two copies conformed, conformed copies returned by mail only with a self-addressed stamped envelope, documents without the filing fees returned un-filed; a change of address on Judicial Council Form MC-040.
The automated fax filing system - documents received by 5:00 P.M. filed with that day's date, documents received after 5:00 P.M. deemed accepted on the next business day, copies of filed documents requested on the facsimile cover sheet; electronic fax filing accepted (California Rules of Court 2.250 - 2.261 and Civil Code of Procedure Sections 1010.6) in all Family Law matters, all Civil matters and all Probate matters, optional, and not in juvenile dependency and criminal matters; a $5 per-transaction fee for each document of 1-25 pages and a $10 per-transaction fee for 26-50 pages, each document transmitted separately, a limit of 50 pages per document, a processing fee of 3.5% on filing fees paid by credit card, the fees waived under an approved fee waiver.
A request to reduce the amount owed on a fine for an infraction offense (including most traffic tickets), with proof of the lack of financial means, considered at any point in the process but answered only after a plea of guilty or no contest; the MyCitations online tool to enter a plea and make an ability to pay request on eligible infractions without going to court - a reduction, a payment plan, more time to pay or community service instead of fines and fees, usable while the case is in collections; the other way, form TR-320/CR320, filed with the Clerk's Office in person or by mail at 500 Argonaut Lane, Jackson; the court possibly adding a fee of up to $100 if the person does not act by the date on the citation and reminder notice; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not for contesting the citation, attending traffic school or a dismissal or reduction of charges with proof of correction.
The court’s guide to the procedures for prosecuting petitions for writs of mandate and other prerogative writs: an original and two copies of the petition and a civil case cover sheet filed at the civil counter or by mail, the filing fee (Government Code section 70611), and a copy of the Guide received from the clerk; the petition served on respondent(s) and real party(ies) under Code of Civil Procedure (CCP) sections 1107 and 1088.5, with copies of the Guide, the court unable to hear or act on the petition until a proof of service is filed; subsequent documents filed in an original and two copies, documents on the day of the hearing with the courtroom clerk, fax filing in compliance with rule 2.303 (documents faxed directly to the court not filed), and the date, time and department of any hearing on the first page; a Notice of Related Case (rule 3.300(d)) filed in each writ case, and the court’s procedure for related writ cases; a temporary stay in administrative mandate proceedings (CCP § 1094.5 (g) or (h)) by ex parte application with its supporting documents, a hearing date and time assigned by the judge on submission (the court does not reserve dates and times for Ex Parte hearings), and notice under rules 3.1203 and 3.1204; a temporary stay in traditional mandate proceedings (CCP § 1085) by the procedures for a temporary restraining order and preliminary injunction (rule 3.1150); motions before the hearing on the merits on a date reserved with the civil department, noticed under CCP § 1005 and the California Rules of Court; a hearing on the merits set by noticing a hearing on the petition (the procedure the court prefers) or by securing issuance of an alternative writ, the briefing schedule - opening brief due 45 days, opposition brief 25 days and reply brief 15 days before the hearing - writ petitions normally heard on Fridays, the notice of hearing to contain tentative ruling language available from the civil department, and the notice served no later than the time for the opening brief; an alternative writ on ex parte application, served at least five days before the ex parte hearing absent good cause or waiver, the Court preferring at least 48 hours’ notice; a continuance only upon approval of the Court, by a stipulation signed by all parties with a proposed order and the fee of Government Code section 70617, subdivision (c), or by noticed motion; a dismissal filed within 45 days after the settlement (rule 3.1385); the administrative record lodged with the clerk no later than 25 days prior to the hearing on the merits; hearings by way of oral argument, oral testimony only with permission (rule 3.1306); appearances by telephone in accordance with Local Rule 11.09; and the judgment and peremptory writ prepared under rule 3.1312, the writ served in the same manner as summons in a civil action, and a notice of entry of judgment (CCP § 664.5(a)).
Effective February 1, 2017, interpreters for parties in more case types; interpreter services by an in-person interpreter, other approved means from a certified or registered interpreter only after all reasonable options for an in-person interpreter have been exhausted; American Sign Language (ASL) interpreters for all case types; notice to the court of any need for interpreting, required of parties and counsel, on the Interpreter Request form (MISC-051), submitted to any clerk at the public counter, via mail, or via email to the Interpreter Coordinator; a language line service if an interpreter is not available at the hearing, the case possibly continued until an in-person interpreter can be assigned; complaints or feedback about language access services on the Language Access Complaint form (MISC-052), submitted to any clerk at a public counter, via email, or by mail to the Interpreter Coordinator, the court responding within 30 days; an interpreter sworn for a non-English speaking witness in criminal and juvenile proceedings, the court, if funds are not available, responsible for interpreter fees only in criminal and juvenile proceedings, or if a fee waiver is granted in another case type; accommodations for the hearing-impaired under the Americans with Disabilities Act; the Limited English Proficiency (LEP) Plan; the Interpreter Coordinator at 209-257-2658.
Delinquency - the decision to detain made by Probation Intake, a petition filed, if the child does not return home, usually within 48 hours of custody and a Detention Hearing the next day the court is in session, the child's right to an attorney (appointed if the parent cannot afford one), the parents billed by the county for fees, the hearings (detention within 72 hours, counting court business days, if the child is detained more than 48 hours, or arraignment; pre-trial the day before trial; jurisdiction; disposition the same day or 10 days after jurisdiction; motions; fitness for a child at least 14 years old; review; restitution); dependency - protective custody up to 72 hours, a Petition filed by the Department of Health and Human Services within 48 hours and a Detention Hearing the next court day, the first hearing (detention or jurisdictional), an attorney from a panel of private attorneys appointed for parents who ask, the Reunification/Service Plan, review hearings every six months; Amador CASA (Court Appointed Special Advocates) - volunteers, who complete 30 hours of pre-service training, appointed by the juvenile court judge; transfer-in hearings heard Mon-Fri at 11am daily in Dept 2, set according to CRC 5.610(f), the court notified immediately at juvenile@amadorcourt.org; the local forms JVDP-032 (Request for Referral to Juvenile Court Mediation) and JVDP-033 (Order on Request).
The court’s notice to parents (FCS-301-NTC), a copy of which must be served on the other party: the court expects all parents requesting custody and parenting orders to complete the free Parenting after Separation online course (http://www.familieschange.ca.gov/, approximately 2-4 hours) prior to their court date and to bring the completion certificate; the first court date scheduled at 8:00 a.m., a short orientation video and, when the case is called, a meeting with the mediator to see if an agreement can be reached, the court to schedule a full mediation appointment if no agreement is reached; and an agreement reached before the court date turned in to the judge to become a court order, the Family Law Facilitator at 209-257-2627 for assistance with forms.
Electronic fax filing accepted, pursuant to California Rules of Court 2.250 - 2.261 and Civil Code of Procedure Sections 1010.6, in all Family Law matters, all Civil matters and all Probate matters, optional (non-Mandatory), and not accepted in juvenile dependency and all criminal matters (felony, misdemeanor, infractions, juvenile delinquency and criminal-related mental health matters); a $5 per-transaction fee for each document of 1-25 pages and a $10 per-transaction fee for 26-50 pages, each document transmitted separately (combined submissions rejected), a limit of 50 pages per document, a processing fee of 3.5% on filing fees paid by credit card, the fees waived for a party filing under an approved fee waiver; documents received between 8:00 a.m. and 5:00 p.m. on a court day deemed filed on that court day, after 5:00 P.M. the following court business day; never filed electronically: a will, codicil or testamentary trust, a bond or undertaking, subpoenaed documents, the financial institution, care facility or escrow documents of Probate Code Sec. 2620, California state vital records forms, attachments or exhibits that cannot be transmitted accurately, trial exhibits, documents lodged provisionally under seal, documents for cases under seal and a Labor Commissioner deposit of cash or check; compliance with California Rules of Court 2.300 et seq.; filings by fax file stamped on the date received without priority processing, the original of a matter on calendar the same day filed in open court; a fax transmission subject to confirmation by the court, approval daily but up to 2 business days, a conformed face sheet and charge receipt faxed back; the cover sheet with credit card information, return fax number, telephone number and attorney information, faxed with the filing document to 209-231-5811.
The rules and procedures of the Superior Court of California, County of Amador and Amador County for ancillary defense services and expenditures for indigent defendants at government expense under Penal Code § 987.2 (Amador County Board of Supervisors approval 08/28/2018): all requests to comply with the Court’s Local Rules and these rules, prior express written approval of the Court required for all appointed services of investigators, experts and others, and no services or expenditures incurred without the previous written authorization of the Presiding Judge or designee; the allowable uses (investigators, experts including transcription services, legal runners for pro per defendants only, travel and special expenses as authorized by the Court) and the non-allowed uses; investigator services limited to actual investigative work, and no reimbursement for travel time or mileage more than 3 hours or 120 miles outside the County of Amador without the written authorization of the presiding judge in advance; legal runner services limited to photocopying and transporting materials, orders and motions, with the Amador County Legal Runner application and a background check by the Amador County Sheriff; a statement of indigence under penalty of perjury with the initial application (Penal Code §§987(c) and 987.8(b), Local Rule 6.20); applications submitted to the Presiding Judge, supported by a declaration of the circumstances, the status of the proceedings, the specific purpose and each provider’s name, title and maximum amount, with a billing rate consistent with the Court’s Appointed Services Fee Schedule, and a proposed order in the ex parte order format of Exhibit A; expert billing rates within the Fee Schedule unless a higher rate is specifically requested and supported (Local Rule of Court 6.20), an initial authorization for doctors, psychologists and similar experts sufficient for an initial written report, and transcription services at the lowest commercially-available rate; transportation orders for medical examinations; initial funding limited to $1000.00 for investigator services at $50/hr for non CDCR defendant cases and $57/hr for defendants housed in CDCR, and to $250 for legal runners; the same investigator for a defendant’s pro per cases, one (1) $20 phone card per month, and the Court’s Pro Per Investigator Panel of investigators with at least three (3) years of experience; the conflict panel’s prior approval for trust fund expenditures; subsequent applications with a declaration of the previous authorizations, billings, balance and work; overnight travel only with prior approval, and the declaration a request for travel expenses must contain; and claims submitted on the Court’s forms to the Court’s Collection Department within 60 days of completion of services, a penalty of ten percent (10%) of the claim amount per month, up to a maximum of twenty percent (20%), for a later claim, itemized in increments of 0.25 hours (15 minutes) with supporting documentation and a file stamped copy of the order, and signed by defense counsel or under penalty of perjury by the provider.
Appearances for a court hearing made by telephone or by video by a party, defendant, attorney, witness, victim, or others (social workers, tribal representatives, CASA, other experts); recording court proceedings without permission is unlawful - participants may not record or broadcast the remote appearance unless specifically granted by the judicial officer (sanctions under rule 1.150(f); recording prohibited under rule 1.150(c) & (d) until the judicial officer grants permission); the court, in its discretion, may terminate the video appearance - parties not available at the calendar call, delay due to disruption, noise, misconduct, a communication problem or a technical problem - and may decide at any time to require a personal appearance and continue the hearing, the parties assuming the risks of cost, time, delay and technical failure; in criminal cases (Penal Code sections 977 and 1043.5, Government Code section 7165.1, Penal Code section 977.3) all parties and counsel may appear remotely in infraction matters (Penal Code section 1428.5), defendants in all misdemeanor proceedings except misdemeanor trials and in all felony proceedings except trials and sentencing, attorneys if the court finds it appropriate and practicable, and witnesses for misdemeanor and felony proceedings, except for felony trials, with the consent of both parties on the record, and the court; remote appearances allowed in most non-criminal proceedings (Cal. Code of Civil Procedure §367.75 and Cal. Rules of Court, rule 3.672), in most cases on notice to the court and all other parties of the intent to appear remotely on form RA-010, the evidence submitted and served prior to the scheduled date; the connection information for Departments 1, 2 and 3 by video (preferred) - meeting IDs 160 9009 3089, 161 4394 0790 and 160 1089 5307, toll free phone 833 568 8864, SIP and H.323 connections - the recording warning and the connection information repeated in Spanish.
Credit card payments online, in person or by phone with a convenience fee; a citation viewable in the Online Case Search once the court receives it, possibly not until 30 days before the court date; parking citations handled by the issuing city, except disabled parking and access-ramp violations; trials - a Traffic Court Trial requested at arraignment or without appearing on the Request For Trial Form (infractions only, no prior failure to appear, a written Not Guilty plea), witnesses and documents by a subpoena packet requested by email, a Traffic Trial By Written Declaration under Vehicle Code section 40902 (full fine/bail paid, not by credit card; infractions only; no prior failure to appear; a written not guilty plea), the court mailing the Decision and Notice of Decision, and a Trial de Novo under Vehicle Code 40902(d) requested within 20 days of the date the clerk mailed the Notice of Decision on form TR-220; traffic school - eligibility (a valid license; no traffic school on a prior citation within 18 months + 1 day; no speeding in excess of 100 miles per hour, in excess of 25 miles per hour over the limit only by the Judge's order; a moving violation without a mandatory appearance; no Failure to Appear hold or Civil Assessment; no alcohol or drugs), an additional court fee of $77.00 with the bail/fine, the school's own fee, the conviction held confidential on timely Proof of Completion, the $77.00 not sent until conviction when a trial is requested, and on failure to return the Certification of Completion within 60 days the fee converted to bail and forfeited; payment in installments - an Agreement To Pay completed with a Court Clerk at the public counter before the arraignment with at least 10% of the total fine/bail, a $30.00 Administrative Fee added; proof of correction - a $25.00 fee per correction (Vehicle Code 40610), signed off by a law enforcement officer, at a DMV office or by the Court Clerk, received with the reduced bail before the arraignment date and never over the phone or on the internet, proof of liability insurance reducing the bail on that charge to $25.00, no self-certification; payment in full on or before the due date closing the case, payment and proof of correction received on or before the arraignment date, a $50.00 fee on checks returned for non-sufficient funds, checks payable to Amador Superior Court with the name pre-printed, no postdated checks and the case number written on the check, an added penalty of over $300 for failure to pay and referral to an outside collection agency; credit card payment by the online payment system, by nCourt (209-257-6303) or by the Clerk's Office (209-257-2605) with the citation number; no monthly statements; the forms CRIM-070, CRIM-071, CRIM-025 (with the Defendant's Statement of Assets (CR-115)), CRIM-230, CRIM-032, TR-220, TRF-001, TRF-026 (a request for a continuance of a traffic court trial in writing, received at least 10 (ten) days before the court date), TRF-027 (traffic school for speeding in excess of 25 MPH over the posted limit), TRF-066, TRF-235, TR-320 and TR-321.
All delinquent court accounts referred to Linebarger Goggan Blair & Sampson, LLP (LINEBARGER, LLP) for collections, the delinquent accounts Ventura Superior Court had been collecting transitioned to Linebarger; payments on accounts referred to Linebarger made directly to Linebarger - its online payment portal, by phone at 844-544-5354 or by mail to P.O. Box 702118, San Antonio, TX 78270 - the court not accepting payments on referred cases; cases assigned to collections when a court-ordered payment is not made or a citation is not resolved by the date on the original signed ticket.
A request to change an infraction arraignment date made under Amador Rule of Court Section 15.02 by the person who received the citation, 5 days before the arraignment date, at the clerk's office with ID to sign a new agreement to appear; a fine due date modified or a work program requested by a Request for Modification, other matters by motion or by an EX PARTE Application to Place Matter on Calendar with an Order on EX PARTE Application; the court's receipt of a Traffic School Certificate checked online (the case's Docket tab); a change of address on JUDICIAL COUNCIL FORM MC-040; the citation's receipt from the law enforcement agency taking at least 14 business days, a courtesy notice mailed 30 days before the court date, the person responsible for appearing by the date on the citation without one; a court date set for a relative only by the guardian of a relative under 18 years; an appearance for a relative limited to informing the court why the relative is not available, the court deciding whether to accept the excuse and set a new date; a previously entered not guilty plea withdrawn by mailing the Waiver Of Constitutional Rights and Plea-Traffic Infractions form before the scheduled trial date, the Judge reviewing the request and the clerk notifying the court's decision.
Chapter 1 (Rules 1.00 to 1.07): the Local Rules of Court apply to the Amador County Superior Court (1.00); the rules known and cited as the "Local Rules for the Amador County Superior Court" (1.01); the rules take effect July 1, 2017 (1.02); on their effective date the rules supersede all local court rules previously adopted (1.03); the rules construed and applied so as to not conflict with the California Rules of Court and liberally construed to facilitate and promote the business and administration of justice (1.04); the court adopts the California Rules of Court applicable to superior courts in civil and criminal cases and the Uniform Local Rules for Third Appellate District Superior Courts, and Judicial Council forms used when applicable in every proceeding (1.05); the rules adopted, amended or repealed by the judges at any judges’ meeting, subject to the notice and publication requirements of Code of Civil Procedure section 575.1 and Government Code section 68071, and a counsel or party who fails to comply subject, upon motion of a party or the court, to the sanctions of Code of Civil Procedure section 575.2, Code of Civil Procedure section 177.5 and California Rules of Court, rule 2.30 (1.06); and, with the exception of tentative ruling procedures, the civil law and motion rules applicable to the filing of documents in probate proceedings except where otherwise provided by statute (1.07).
Chapter 10 (Rules 10.00 to 10.03): the Jury Commissioner and designated staff authorized to excuse prospective jurors who meet one of the exceptions of Code of Civil Procedure section 203 or who, within the past one year, served as trial or grand jurors or were placed on telephone alert, a person for whom jury service would constitute undue hardship may apply in writing for deferral, and a request for a permanent excuse for undue hardship, other than for medical reasons, made to the court when the person is required to appear (10.00); a request for deferral for undue hardship submitted in writing to the Jury Commissioner at least three (3) court days prior to the scheduled start date with facts specifying the hardship, the prospective juror to provide verification of reasons that require it, and a denied request may be brought before the Judge presiding at the trial (10.01); the Jury Commissioner to randomly select a list of persons suitable and competent to serve as trial jurors from a combined voter registration and Department of Motor Vehicles’ list (Code of Civil Procedure section 197) (10.02); and the addresses and telephone numbers of jurors in any criminal jury proceeding conditionally sealed at the time the jury is discharged, with at least ten days notice to the jurors of a hearing on a petition for access (10.03).
Chapter 11 (Rules 11.00 to 11.33): only judicial officers and authorized Court personnel may photocopy or reproduce official Court records and exhibits, personal photographing or other reproduction of original Court records by the public not permitted (11.00); the portions of a printed form minute order checked or filled in deemed the order of the court, and printed forms furnished by the court used where appropriate (11.01); checks and money orders that meet the requirements of rule 10.821, a personal check accepted for a fine or a deposit of bail for an offense not declared a felony but not in excess of $300.00 from a defendant in custody when the bail is not forfeitable, a service charge for a dishonored check (Government Code section 71386), all future filings on a cash-only basis until payment is received, and the court may strike the filing if payment in full is not received within ten (10) days (11.02); jury fees deposited pursuant to Code of Civil Procedure section 631 (11.03); the official reporter’s fees in civil proceedings - Full Day $600.00, Half Day $300.00, proceedings less than one hour $75.00 - deposited prior to the commencement of trial or hearing, and a party requesting a daily transcript to pay the fees to the court reporter contracted with the court before each day of trial (11.05); no certified court reporter generally available for the following calendars - case management conferences, civil harassment and elder abuse restraining orders, civil law and motion, unlawful detainer, family law civil trials, infractions, probate, guardianships and conservatorships, domestic violence restraining orders, small claims, traffic appellate division matters and criminal misdemeanor cases - the court may utilize electronic recording as the official court record, a statement requesting the services of the official reporter filed at least seven (7) court days prior to the trial or hearing, or no later than twenty-four (24) hours in advance, fees paid prior to the hearing, and a party may arrange for a certified shorthand reporter as an official pro tempore reporter and pay the fee directly when no official reporter is available (rule 2.956) (11.06); notice that an interpreter is required as early as possible and at least fourteen (14) days in advance, on the Interpreter Request Form (MISC-051) (11.07); no contact with the court’s legal research staff about a pending matter without the prior approval of the assigned judge or the Presiding Judge (11.08); remote proceeding requirements under Code of Civil Procedure § 367.75, effective January 1, 2022, as set forth in the Court’s Remote Appearances Policy on the Court’s website (11.09); the attorney’s fee schedule in actions on promissory notes, contracts and foreclosures - 25% of the first $1,000 with a minimum fee of $150.00, then 20%, 15%, 10%, 5% and 2% of the amount over $50,000 - fees under Civil Code sections 2983.4 or 2988.9 not to exceed one thousand ($1,000) dollars except in unusual circumstances, the same amount increased for contested actions and foreclosures, and fees in excess of the schedule on application with declarations (11.10); attorney’s fees in residential unlawful detainer actions not to exceed $300.00 by default, $350.00 uncontested at trial and $500.00 contested at trial (11.11); the required Judicial form of judgment to show the full names and capacities of the parties as in the pleadings and a blank space for costs (11.12); a stipulated judgment a document separate from the stipulation (11.13); an order authorizing the filing of a copy of a lost original pleading or paper (11.14); an appeal from the Labor Commissioner under Labor Code section 98.2 - the complaint and answer, the order, decision or award and a proof of service on the Labor Commissioner filed with the Notice of Appeal or within ten (10) days thereafter, sanctions for delay (Code of Civil Procedure section 177.5 and Government Code section 68606), and the Notice of Appeal treated as the first paper (11.15); a party may electronically transmit a document to a fax filing agency for filing, the agency to prepare it in compliance with rules 2.303 et seq., filing complete on transmission of the entire document and a filing completed after 5:00 p.m. deemed to have occurred on the next court day (11.16); records filed under seal under rule 2.551, transmitted in a secure manner and labeled “CONDITIONALLY UNDER SEAL”, a record not to be filed under seal without a court order (11.17); no alternative writ necessary in seeking mandamus or prohibition relief, the noticed motion procedure used whenever possible, and all legal and administrative remedies exhausted before relief by extraordinary writ is sought (11.18); electronic recording authorized only when the official or contract court reporter is not available, in a limited civil, misdemeanor or infraction case, and on the order of the assigned judge (Gov. Code §69957, rule 2.952) (11.19); a Case Intake Sheet submitted with the complaint in each civil and family law matter, the plaintiff to serve a blank copy with the summons and complaint, and the defendant to submit a Case Intake Sheet upon filing a responsive pleading (11.20); stipulations accompanied by a proposed order, requests for continuances, extensions of time and other motions submitted on the pleadings accompanied by a separate order, settlement agreements initialed by all parties on each page, no “hanging orders”, and parties to reserve hearing dates with the clerk prior to the submission of any order moving or setting a hearing date (11.21); a drop box for documents filed outside of normal office hours, documents court time stamped before 5:00 p.m. deemed filed on the date of deposit, with a copy to be conformed and a self-addressed stamped envelope (11.22); direct calendar assignment to a judicial officer for all purposes, and peremptory challenges under Code of Civil Procedure section 170.6 within fifteen (15) days in a civil proceeding and ten (10) days in a criminal proceeding (11.23); habeas corpus petitions filed with the Clerk, forwarded to the research staff for review and acted upon by the judge assigned to hear criminal law and motion matters, priority to emergency petitions, the court to order a Return within thirty (30) days and appoint counsel after an Order to Show Cause, ten (10) days to file an opposition, and discovery only on leave of court (11.24); no filming, videotaping, photographing or electronic recording in any area of the courthouse unless approved by a written order of a Judge, no microphones, cameras or recording devices in any courtroom without a written order (rule 1.150), and a copy of the order presented to the Bailiff before any coverage (11.25); ex parte orders in family law matters on local form FCS004 with Judicial Council Forms FL-300 and FL-305, notice and moving papers by 10:00 a.m. for a decision the same day on the papers alone, otherwise the next court day (11.26); all papers filed with the clerk, no more than two (2) copies for endorsed filing, moving and supporting papers filed within the time requirements of rule 3.1300 and Code of Civil Procedure section 1005, and proofs of service filed five (5) court days before the hearing (11.27); the court to drop reserved hearings from calendar after the proper time for filing has expired (11.28); appropriate attire in court, the bailiff with authority to enforce this rule and exclude persons (11.29); the court to dismiss an unlawful detainer matter without prejudice if proof of service has not been filed within sixty (60) days (Code of Civil Procedure sections 1161.2 and 1167.1) (11.30); in small claims, the plaintiff to file proof of service on the defendant at least five (5) calendar days before the hearing (11.31); exhibits returned to the proffering party at the hearing unless the court orders the exhibits be retained (11.32); and the Clerk not to accept a Small Claims Notice of Appeal after the statutory period has expired unless a Writ of Mandate has issued (11.33).
Chapter 12 (Rules 12.00 and 12.01): petitions for appointment of a Guardian Ad Litem submitted to the clerk, a nominee who is a plaintiff with the ward or a participant in the occurrence ordinarily not appointed without a declaration that no other parent, relative or friend will accept the appointment and a declaration that there is no conflict of interest, and the approval of an attorney’s contract not approval of a fee (12.00); and the compromise of a claim on Judicial Council Form MC-350 with the order on MC-351 (rules 3.1384, 7.950 and 7.950.5), an order to deposit money into a blocked account on MC-355, the petitioner to deliver three (3) copies of the order and of MC-356 to each depository, a withdrawal on MC-357 with the order on MC-358, the presence of the petitioner and the minor or incompetent person at the hearing unless good cause to excuse attendance is shown in advance by letter request, and a waived filing fee ordered paid out of the settlement proceeds (12.01).
Chapter 13 (Rules 13.00 to 13.23): the matters heard on the family law calendar, no case heard unless current Income and Expense Declarations (forms FL-150 or FL-155 and FL-160) have been completed by each side, with the three (3) most recent pay stubs and a W-2 form attached, the parties to exchange their most recently filed federal and state personal income tax returns at least five (5) court days prior to the hearing, and blank copies of the forms Responsive Declaration re: Request for Order, and Income and Expense Declaration served with the moving party’s Request for Order (13.00); the date, time and place of hearing scheduled through the clerk’s office, matters to state the issues to be heard immediately below the title, an order shortening time only on a separate affidavit or declaration demonstrating good cause with reasonable notice of not less than twenty-four (24) hours, papers opposing a matter filed and served at least nine (9) Court days prior to hearing, and counsel to confer before the hearing (13.01); counsel and the parties to personally appear for a settlement conference, set when the contested hearing date is determined, and to participate in good faith, and counsel to meet and confer (13.02); a statement of each issue in dispute served and filed at least twenty (20) days prior to a long cause hearing (local form FCS-92), the matter dropped from the trial calendar if both parties fail to file (13.03); a matter dropped from the calendar if service is not completed by the date specified (13.04); continuances on short cause calendars governed by local rule 4.06, notice by phone or written notice two (2) days prior to the hearing (13.05); a matter ordered off calendar when there is no appearance at the calendar call unless the courtroom clerk has been notified of a late appearance (13.06); hearings on the short cause calendar limited to five (5) to ten (10) minutes (13.07); referral to mediation in any contested proceeding involving custody or visitation, mediation for a maximum of three (3) hours, confidential, after a Parent Orientation Program, an evaluator (Evidence Code section 730) allowed 10 hours, notice to the evaluator at least 20 days prior to an evidentiary hearing or trial and a deposition noticed at least 10 days prior, no peremptory challenge of the mediator but a challenge for cause within five (5) days, the confidential documents, written complaints to the Court Executive Officer with a written response within ten (10) business days, and the parties to pay the cost of evaluation within thirty (30) days (13.08); counsel appointed for a minor child under Family Code section 3150 - the duties, the rights under rule 5.242 and the costs shared by the parties in equal amounts - and the Court may accept testimony of a child under Family Law Code section 3042 (13.09); an expert appointed under Evidence Code section 730 to provide a copy of the report concurrently to the court and to each attorney and unrepresented party (13.10); temporary orders to remain in effect until further order, stipulations for temporary child support to comply with Family Code section 4065, with the signature of the attorney for Central Sierra Child Support Agency in public assistance cases, the factors for temporary custody, the Santa Clara guideline support formula for temporary spousal support, and a Stipulation to Establish or Modify Child Support and Order (FL-350) with a calculator printout for support below the guidelines (13.11); a home study by the Court Investigator in stepparent adoptions (Fam. Code § 9001) (13.12); the parties and their attorneys to sign a stipulation modifying existing orders, with a printout of the child support calculation when it changes the amount of support (13.13); proposed judgments in dissolution and legal separation matters with the required forms - a Child Custody and Visitation Order Attachment, a Child Support Information and Order Attachment (Form FL-342) with a computer printout of the child support calculation - the documents for uncontested matters where the Respondent has not appeared (forms FL-165, FL-180 and FL-190, FL-141, FL-150 and FL-160) and with a written agreement (the Respondent’s signature notarized), the Income and Expense and Property Declarations completed as required, and counsel or a self-represented party to present evidence in support of the proposed judgment at the hearing on a default or uncontested matter (13.14); long cause contested hearings and trials - counsel to confer in good faith no later than one week prior to a settlement conference or trial, an At Issue Memorandum filed before any contested case may be set for trial, not required for matters set for trial at a Family Law Case Management Conference, counsel and the parties to personally appear for a settlement conference, and both parties to file and serve a "Statement of Issues, Contentions and Proposed Disposition of the Case" at least twenty (20) days prior to the trial date and at least five (5) court days before a settlement conference (13.15); the party directed to prepare the “Finding and Order After Hearing” (Judicial Council Form FL-340) to do so in compliance with rule 3.1312, a judgment after contested trial submitted to the opposing counsel for approval, the preparing party to send it to the court when not approved within twenty (20) days, an objection with specificity within fifteen (15) days, and the contents of judgments - child support, spousal support, real property and personal property and debts (13.16); a continuance fee in all family law matters (Government Code section 70617, subdivision (c)(1)) (13.18); remote appearances for child support matters governed by the Remote Appearances Policy on the court’s website (13.20); the additional duties of the Family Law Facilitator under Family Code section 10005 (13.21); written complaints about counsel appointed to represent a child lodged with the Court Executive Officer, who cannot consider complaints going to the merits of the case or remove court appointed attorneys (13.22); and Family Law Case Management - the Petition and Summons served within sixty (60) days of filing and the response within thirty (30) days, the first Case Management Conference typically set 120 days from the filing of a Petition, a Family Law Case Management Conference Statement filed and served at least fifteen (15) days prior, the court to post tentative rulings at 2:00 p.m. on the first court day before the conference, and a party who disagrees to notify all other parties by 4 p.m. on the court day immediately preceding the hearing (13.23).
Chapter 14 (Rules 14.01 to 14.04): the competence of counsel appointed in juvenile dependency proceedings (Welfare and Institutions Code section 317.6 and rule 5.660) - a Certification of Competency submitted within 10 days of a first appearance in a dependency matter, decertification with thirty (30) days to submit evidence of competency, a declaration of at least eight (8) hours of continuing education within the last three (3) years filed on or before January 15 of each year, the minimum training of rule 5.660 or twenty-four (24) hours of experience within the last year, a mentor program by the local County Bar Association, the standards of representation, and the Court to review written complaints about appointed attorneys (14.01); a Guardian Ad Litem appointed for the child in Welfare and Institutions Code section 300 cases - the attorney appointed under sections 317 and 317.6 or, if the court implements a CASA program, a CASA volunteer - and in a prosecution initiated under the Penal Code (14.02); a referral to the Child Advocates Office for a Court-Appointed Special Advocate (CASA), the referral criteria, a written request for CASA Referral with two (2) working days telephone notice, objections in a brief written statement, the CASA a sworn officer of the court, its confidential personnel file, and the advocate to file reports, with copies provided to all parties, at least two (2) court days before each formal six month review hearing (rule 5.655(k)(5)) (14.03); and all claims for court appointed attorney fees in dependency filed every thirty (30) days until counsel is relieved, and untimely claims may, in the discretion of the court, be denied (14.04).
Chapter 15 (Rules 15.01 and 15.02): a trial by written declaration under section 40902 of the Vehicle Code upon an infraction, other than one cited pursuant to Article 2 (commencing with section 23152), the defendant to deposit the bail indicated on the courtesy notice and file the declarations within the time specified in the courtesy notice, the citing officer’s declaration no later than two days prior to trial, the bail refunded if the defendant is found not guilty, and a request for a trial de novo to the clerk in writing within ten (10) days of the mailing of the clerk’s notice of the court’s decision (15.01); and requests for continuances by the defendant, without depositing bail, or by a traffic officer, submitted at least ten (10) court days prior to the date of the hearing (15.02).
Chapter 16 (Rules 16.01 to 16.04): the communication protocol for Domestic Violence and Child Custody Orders mandated by rule 5.445, the criminal, family and juvenile law departments to communicate and exchange information prior to issuing protective orders and child custody and visitation orders (16.01); no family or juvenile court protective order or custody order in conflict with an order of the criminal court, whose order controls (16.02); the court issuing a criminal court protective order may, after consultation with the family or juvenile court, modify it to allow or to restrict contact (16.03); and a family or juvenile court order may coexist with a criminal court protective order, any order permitting contact to provide for the safe exchange of the children and not to violate a “no contact order”, the order to specify the date, time, place and manner of transfer of the child (Family Code section 3100) (16.04).
Chapter 17 (Rules 17.01 to 17.07): a private professional or licensed guardian or conservator may lodge the originals of the account statements of Probate Code section 2620, subdivision (c) (17.01); successor conservators and guardians to file an Inventory and Appraisal within 90 days of appointment (Probate Code §2610) (17.02); the court to assess fees for investigations in guardianship and conservatorship cases unless waived due to hardship (Probate Code sections 1851.5 or 1513.1), monthly payments on request, and payment remitted within thirty (30) days of receipt of the bill (17.03); the conservator to file a notice of the conservatee’s death with a copy of the death certificate within thirty (30) days and serve a copy on the Court Investigator’s Office, and to file a final accounting within sixty (60) days (17.04); all conservators, except corporate or institutional conservators, to obtain the Handbook for Conservators and, if available, view the online video “With Heart: Understanding Conservatorship” before Letters of Conservatorship are issued, and to submit the online verification form prior to the hearing (17.05); the petitioner to file an Order Appointing Court Investigator (form GC-330) with a Petition for Appointment of Conservator, and standing orders appointing the Amador County Court Investigator to conduct review and biennial review investigations (17.06); and all capacity declarations (Form GC 335) deemed confidential (17.07).
Chapter 18 (Rules 18.01 and 18.02): the original trial court file used as the record on appeal in all misdemeanor and infraction appeals (rules 8.860, 8.863, 8.914 and 8.910) (18.01); and, upon stipulation of the parties or order of the court, the original electronic recording or a copy transferred to the appellate division as part of the record on appeal without first being transcribed (rules 8.868 and 8.917) (18.02).
Chapter 2 (Rules 2.00 and 2.01): the presiding judge selected by agreement of the judges to serve a two-year term, to commence on January 1 of the first year and expire on December 31 of the second year, the next term to commence effective January 1, 2021 and expire December 31, 2022, the terms to run in two-year periods for each term thereafter, and the other judge to act as presiding judge if the presiding judge is absent or unable to act (2.00); and a day of vacation for a judge an approved absence for one full business day, the other absences listed in California Rules of Court, rule 10.603(c)(2)(H) excluded (2.01).
Chapter 3 (Rule 3.00): a Court Executive Officer (or CEO) selected by agreement of the Superior Court Judges, to serve at the pleasure of said judges and, under the direction of the Presiding Judge, to perform the duties described in Rule 10.610 of the Standards of Judicial Administration as adopted by the Judicial Council and any other duties outlined in the job description or assigned by the Presiding Judge (3.00).
Chapter 4 (Rules 4.00 to 4.06): all local rules related to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers preempted by the California Rules of Court and applicable provisions of the Code of Civil Procedure, the Rules of Court to take precedence in a conflict, and a failure to comply subject to sanctions under rule 2.30 (4.00); the moving party to file a notice of withdrawal of a civil motion at least two (2) court days before the motion is to be heard, with a representation that the moving party has notified the opposing party (4.01); the parties to lodge with the clerk’s office a chambers copy of all pleadings and papers filed on a summary judgment motion at the time moving and opposing papers are filed (4.02); tentative rulings for all regularly scheduled civil law and motion matters, available after 2:00 p.m. on the court day before on the Court’s online portal under “Events” of the case at http://www.amadorportal.org, notice of intent to appear required by a voice message on the court’s oral argument line at (209) 257-2692 pursuant to CRC 3.1308(a), the tentative ruling by telephoning (209) 257-2603 prior to 3:00 p.m. if a party is unable to access the online portal, parties intending to appear and contest to notify the court and opposing counsel by telephone no later than 4:00 p.m. on the court day before the hearing, the notice all noticed motions and demurrers must include, the tentative ruling becoming the ruling absent oral argument, and the procedures do not apply where a self-represented party is in the custody of the California Department of Corrections (4.03); the requesting party to comply with rule 3.1800 on a default judgment by affidavit under Code of Civil Procedure section 585(d), and to apply to the clerk for a hearing date when personal testimony is required (4.04); no relief to a party joining another party’s motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, and a specific showing of the basis for the relief (4.05); and continuances of law and motion matters - an uncontested continuance re-calendared on a confirming notice to the court at least two (2) days before the hearing, the matter reset no more than twice, a contested request by noticed motion or ex parte application, a court ordered hearing continued only on order of the court, ex parte or by written stipulation submitted five (5) court days before, and the court to approve any continuance of a motion for summary judgment or summary adjudication, requested at least seven (7) court days before the scheduled hearing (4.06).
Chapter 5 (Rules 5.00 and 5.01): efforts to settle civil proceedings an essential part of the judicial process, made in good faith, a party to any contested civil proceeding may file a written application for a specially set settlement conference, and each party to lodge no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court (5.00); and trial counsel, the parties and all persons whose consent is necessary for a settlement to attend with full authority to settle, a judge pro tem not to change the date set for trial or rule upon law and motion matters without stipulation, the court, upon motion, may enter judgment pursuant to the terms of the settlement when parties stipulate for settlement, enforcement pursuant to Code of Civil Procedure section 664.6, a person excused on request made in writing not less than five (5) court days before the settlement conference, who must meet and confer with the opposing party and remain immediately available for telephone communication, and waiver of rule 3.1380 disfavored (5.01).
Chapter 6 (Rules 6.00 to 6.20): where a defendant has been held to answer on felony charges following a preliminary examination or has waived a preliminary hearing, the court to seek a stipulation that the complaint or amended complaint be deemed the information filed forthwith (6.00); no matters continued unless approved by the court for good cause, strict compliance with Penal Code section 1050 required (6.01); a privately retained attorney not to withdraw unless authorized by order of the court, pursuant to the consent of the defendant, or following a hearing on a duly noticed and timely motion (6.02); pretrial motions, including demurrers, may be made after arraignment on the information (6.03); a law and motion matter set by a noticed motion, by court order upon oral request in open court, or by an Ex Parte Application to set matter on calendar and Proposed Order on the form available on the Court’s website, notice provided to the opposing party no less than twenty-four (24) hours prior to the hearing during regular business hours, the date and time of hearings set by the clerk, initial moving papers filed with the clerk before a matter is calendared, documents required to be kept confidential to contain “CONFIDENTIAL” in bold caps directly beneath the document title and filed under seal under rule 2.551, no police, arrest or investigative reports submitted with the “confidential personal information” of victims or witnesses (Penal Code section 964) - declarations from law enforcement officers devoid of this information, or redacted copies attached to a declaration -, information supplied to the Probation Department in the defendant’s interview confidential with its exceptions, failure to serve and file opposition, in the court’s discretion, deemed a forfeiture of any objections and an admission that the motion is meritorious, opposition and reply papers served so as to be received by opposing counsel within twenty-four (24) hours of filing, service by U.S. mail deemed five (5) calendar days after the posting, and paragraphs (A) through (D) do not apply to motions for continuance (6.04); citations to all authorities to conform to the CALIFORNIA STYLE MANUAL, and a copy of authority from a foreign jurisdiction attached to the motion (6.05); in felony and misdemeanor cases, all motions in limine, extraordinary or complex trial motions and motions requiring live testimony in writing with a supporting memorandum of points and authorities, served and filed no later than the date of the Trial Readiness Conference (TRC) (6.06); the court, in its discretion, may order the matter off calendar when a moving party fails to appear, and a moving party with an unavoidable scheduling conflict may avoid having the matter dropped by calling the court prior to the scheduled hearing (6.07); the moving party may withdraw a motion from calendar up to forty-eight (48) hours before the calendar appearance date by filing a written notice to the court and all parties (6.08); motions requiring the testimony of witnesses, including motions to suppress evidence, set for an evidentiary hearing only on a date as selected by the court with both sides present (6.09); an informal request for continuing discovery deemed made at the defendant’s first appearance on a felony or misdemeanor matter for all materials required to be disclosed by Penal Code section 1054.1 and the state and federal Constitutions, including exculpatory information (Brady v. Maryland), the prosecuting attorney’s written receipt showing the date of compliance with a written notice that either an informal request is made under Penal Code section 1054.3 or that no informal request is being made, and the receiving party to respond by providing the information or specifying the items the party refuses to produce and the reason (6.10); all discovery material provided to the opposing side described and listed in a document retained by the party providing it, with the date each item was provided (6.11); an informal request for the particular items sought before a formal discovery motion, and a formal motion to compel supported by a declaration of facts showing the failure to comply (6.12); on the booking of any person into the county jail other than pursuant to an arrest warrant, the arresting agency to present a declaration establishing probable cause to a judge, on a form approved by the court (6.13); applications for temporary release from custody made to the sheriff and not to the court, except the applications made to the court to produce an inmate to testify or appear in a civil matter, for removal for medical or surgical treatment (Penal Code section 4011), for commitment to a mental facility (Penal Code section 4011.6) and for removal for mental health services (Penal Code section 4011.8) (6.14); any sentencing order requiring community service administered through the probation department (6.15); a Standing Income Deduction Order in any case in which the court orders restitution and an income deduction (Government Code section 13967.2) - the matter referred to the Probation Department for an evaluation and recommendation, a hearing if the defendant does not consent to the amount, the order stayed until the Probation Department determines that the defendant has failed to meet the obligation and to provide good cause within five (5) days of its request, a hearing to contest the enforcement if the defendant applies within fifteen (15) days, and notice of any change of payor or of address within seven (7) days (6.16); the parties to submit proposed jury instructions in a condition to go to the jury no later than the date of the Trial Readiness Conference (TRC) (6.17); following the Trial Readiness Conference, only a plea of guilty or no contest to all counts accepted, except counts pled in the alternative or a lesser-included count (6.18); the limitations of Penal Code sections 1192.6 and 1192.7 and People v. Clancy strictly adhered to in plea-bargaining (6.19); and Ancillary Defense Expenses, the reasonably necessary expenses incurred in defending self-represented persons who are indigent, with prior approval by Court order and under the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures - initial applications by ex parte motion to the clerk for review by the Presiding Judge or designee, with the Defendant’s Financial Statement (Local Form CRIM-230) and a declaration of the circumstances, the status of the case, the specific purpose and each service provider’s name, hourly rate and maximum amount, marked "Confidential", the Court to select an investigator from the rotational investigator list when the defendant has not suggested one, fees within the rates and limits of the appointed Services Fee Schedule, and transcription services at the lowest commercially-available rate (6.20).
Chapter 7 (Rules 7.01 and 7.02): whenever a case assigned a trial date settles, the attorneys or parties appearing in pro per to immediately notify the court, the primary obligation on the party seeking affirmative relief or the plaintiff if either is unrepresented, notice of settlement by telephone at the earliest possible time confirmed in writing, no trial or mandatory settlement conference date vacated until the court receives written Notice of Settlement on the mandatory Judicial Council Form CM-200, and, except conditional settlements (rule 3.1385), the action dismissed forty-five (45) days after the Court receives the Notice of Settlement unless a Request for Dismissal is filed or good cause is shown (7.01); and motions in limine filed no later than seven (7) court days prior to the date set for trial (7.02).
Chapter 8 (Rules 8.01 to 8.14): the rules adopted pursuant to the Trial Court Delay Reduction Act, to apply only to actions included in the court’s program, to bring general civil actions to disposition as quickly as possible, the Presiding Judge to conduct the program with the administrative assistance of the Court Executive Officer (8.01); all civil actions filed on or after July 1, 1992 included in the program, except the excluded actions - probate, guardianship, conservatorship, family law, juvenile court proceedings, small claims actions, unlawful detainer actions, petitions for writ of mandate or prohibition, a temporary restraining order, harassment restraining order or domestic violence restraining order, and other petitions (8.02); the court adopts the case disposition time standards of the Standards of Judicial Administration, Section 2.2 (8.03); the clerk to issue a “Notice of Inclusion in Delay Reduction Program” at the time of filing the complaint, the notice served with the complaint, and all pleadings served and filed pursuant to rule 3.110 (8.04); all parties or their counsel to file a Case Management Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days prior to the Case Management Conference, an Order to Show Cause and sanctions for a failure, the parties to meet and confer no later than thirty (30) calendar days before the first conference on the issues of rule 3.724, the Case Management Conference held approximately 125 days after the filing of the initial pleading, counsel and self-represented parties may appear by telephone if the procedures set forth in rule 11.09 are followed, the court empowered to establish discovery schedules, order the matter to arbitration, set the matter for trial and consider an 18 or 24 month case disposition track, arbitration completed within 90 days, no referral to arbitration prior to 210 days after the filing of the complaint absent a waiver (Government Code section 68616(g)), the court to post tentative rulings at 2:00 p.m. on the day before a scheduled conference on the court’s website, a party who wishes to contest to request a hearing and notify the opposing party no later than 4:00 p.m. on the day before, or the tentative ruling to become the final ruling (8.05); sanctions for any failure to comply with the Local Rules or an order of the court, including monetary sanctions, attorney’s fees, striking pleadings, default, dismissal of the action and contempt (8.06); motions for relief from the program’s time limits brought before the judge, signed by the attorney and the moving party, and granted only upon showing of good cause, the fact that a party resides out of county not, standing alone, good cause (8.08); a motion to exempt a complex case from the program with a declaration of the reasons it cannot be brought to trial within two years, and a status conference within thirty (30) days of the exemption (8.10); parties and attorneys not excused from a scheduled proceeding upon a promise of a dismissal unless the dismissal has actually been filed (8.11); no at-issue memorandum filed in any delay reduction case (8.12); cross-complainants to serve new cross-defendants with the initial “Notice of Inclusion in Delay Reduction Program” and notice of any pending Case Management Conference (8.13); and the civil mediation program - general civil cases assigned to mediation if the parties agree and the court so orders at a Case Management Conference, a roster of Panel Mediators admitted to practice law in California for a minimum of five (5) years, the parties to notify the court of their agreed mediator on the court’s Stipulation to Mediator Form within ten (10) days or the court to appoint a mediator from the Panel, the court to pay for the first three (3) hours of the Panel Mediator’s services, each party to personally appear unless excused by the mediator, the mediator’s statement on Judicial Council Form ADR-100 within ten (10) days of the conclusion of mediation, and the mediator’s fee statement within thirty (30) days of completion (8.14).
Chapter 9 (Rules 9.00 to 9.06): all at-issue civil actions submitted to arbitration by the Presiding Judge if the amount in controversy will not exceed $50,000.00 for each plaintiff (Code of Civil Procedure section 1141.11, subdivision (b), and rules 3.811 and 3.812), the order may be made at the first Case Management Conference in cases processed under the Trial Court Delay Reduction Act (9.00); the clerk to select at random a number of arbitrators equal to the number of sides plus one, each side to file a rejection of no more than one name within ten days of mailing, and the clerk to appoint at random one of the names not rejected (9.01); the arbitrator to notify each party and the clerk in writing of the date, time and place of hearing within fifteen (15) days after the appointment (9.02); the appointment vacated and the clerk to appoint a new arbitrator if the arbitrator declines to serve or does not hold a hearing within sixty (60) days (9.03); a case removed from the arbitration list and restored to the civil active list when the inability to hold a hearing is due to neglect of a party (9.04); the arbitrator to file the award with proof of service within ten (10) days after hearing, the clerk to hold the award for thirty (30) days and enter it as judgment if a request for a trial de novo is not made (9.05); and the arbitrator’s fee paid only after the award or a Notice of Settlement is filed (rule 3.819), the fee statement submitted within thirty (30) days of completion of arbitration, and untimely claims may, in the discretion of the court, be denied (9.06).
The Preface to Local Rules and Standards of Professional Conduct (Rules 0.10 and 0.20): the court endorses the “CALIFORNIA ATTORNEY GUIDELINES OF CIVILITY AND PROFESSIONALISM” adopted by the State Bar of California on July 20, 2007 and encourages all attorneys practicing before it to comply with these guidelines (Preface); lawyers must observe all rules of law, including the California Rules of Professional Conduct and the State Bar Act (Business and Professions Code section 6068), honor their commitments and the integrity of the system of justice, not compromise their integrity for a client, case or cause, and conduct themselves in a professional manner guided by a fundamental sense of fair play (0.10); and lawyers to be courteous, respectful and candid with the court, dressed neatly and appropriately - the court deems it inappropriate for any attorney to appear in court wearing jeans or tennis shoes - on time and prepared, to attempt to resolve procedural and discovery differences by agreement, to decline litigation without merit, to avoid communication about a pending case with a judge except as permitted, to refrain from impugning the integrity of the judicial system, and to set a proper example for pro per litigants, the term counsel or attorney including self-represented parties (0.20).
The case management rules govern all applicable civil cases; a court may by local rule exempt specified types or categories of general civil cases if it has alternative case-processing and trial-setting procedures, which must be included in its local rules; wherever a court sets an initial case management conference, the rules apply.
Time periods under the California Rules of Court are computed by excluding the first day and including the last; if the last day is a Saturday, Sunday or other legal holiday it is excluded and the period runs to the next day that is not a holiday. Unless otherwise provided by law, the court may extend or shorten the time within which a party must perform any act under the rules.
Each ground of demurrer must be stated in a separate paragraph; a demurrer must be served and filed with a notice of hearing set under Code of Civil Procedure section 1005, for a hearing not more than 35 days after filing or on the first date available thereafter; following a ruling, leave to answer or amend within 10 days is deemed granted (5 calendar days in unlawful detainer and forcible entry or detainer cases), and the defendant has 10 days to answer or otherwise plead after the demurrer is overruled, the time to amend expires, or the demurrer is sustained without leave to amend.
When a court receives an electronically submitted document it must promptly send the filer confirmation of receipt with the date and time, and a document is received when that confirmation is created; if the document complies with filing requirements and the fees are paid, the court must promptly confirm filing with the date and time, any transaction number, the titles as filed and the fees assessed; absent the court's confirmation there is no presumption of receipt or filing, and the filer is responsible for verifying; a rejection notice must state its reasons; and when a technical problem with the court's electronic filing system prevents acceptance on a court day, a document the filer shows was attempted that day is deemed filed that day, except for a complaint or other initial pleading.
A document that may be served by mail, express mail, overnight delivery or fax may be served electronically under Code of Civil Procedure section 1010.6; a party consents by serving and filing a notice with its electronic service address or by affirmative consent through the court's electronic filing system or service provider (form EFS-005-CV); a court may require electronic service by local rule or order, and a party required to file electronically must also serve and accept service electronically except as to parties, including self-represented parties, who are not required to; parties must promptly notify the court and all parties of a change of electronic service address; service is complete as section 1010.6 provides (on transmission or notification when a provider is used); proof of electronic service is made under section 1013b, and proof of service of moving papers must be filed at least five court days before the hearing.
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify shorter notice; in an unlawful detainer proceeding shorter notice is permitted if the notice given is reasonable.
Moving and supporting papers are served and filed under Code of Civil Procedure section 1005 and the electronic filing and service statutes and rules; the court may shorten time on a showing of good cause; proof of service of the moving papers must be filed no later than five court days before the hearing; no paper may be rejected for filing as untimely, though the court may refuse to consider it; a paper submitted before the clerk's office closes on its due date is timely, and a court may provide by local rule that an electronically filed paper received before midnight on a court day is filed that day.
The court must set an initial case management conference in each case, with notice to all parties no later than 45 days before it unless the court orders otherwise; counsel and self-represented parties must appear in person or remotely as rule 3.672 provides, be familiar with the case and be prepared to commit to positions on the issues in rules 3.724 and 3.727; the court may issue a case management order without appearances, and by local rule may excuse attendance at initial conferences in limited civil cases.
A 'local rule' is every rule, regulation, order, policy, form or standard of general application adopted by a court to govern practice or procedure in that court, or by a judge to govern practice or procedure in that judge's courtroom; each court must make its local rules available for inspection and copying at every location that accepts filings, publish them through an official publisher, and file them electronically with the Judicial Council 45 days before the January 1 or July 1 effective date with a certificate stating, among other things, whether the court posts its local rules on its website; proposed rules other than calendaring rules must be distributed for comment at least 45 days before adoption; courts must periodically repeal outdated or inconsistent rules; and a rule may take effect on another date only with the Judicial Council chair's authorization.
Unless a statute or rules 8.108, 8.702 or 8.712 provide otherwise, a notice of appeal must be filed by the earliest of 60 days after the superior court clerk serves a notice of entry of judgment or a filed-endorsed copy, 60 days after a party serves or is served with such a document with proof of service, or 180 days after entry of judgment; no court may extend the time except as rule 8.66 provides, and a late notice requires dismissal; the rule defines the entry date of judgments and appealable orders, treats a notice filed after rendition but before entry as filed on entry, and applies to appealable orders.