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47 rules
The civil mediation program - where the parties have requested mediation and the Court finds the case suitable, the attorneys or parties directed to the ADR administrator's office to complete and deliver the Mediation Intake form; a mediator assigned at random from the Court's "Random Select" panel (up to three (3) hours of pro bono time), chosen from the "Party Select" panel at the parties' cost, or chosen outside the panel with written notice to the ADR office; the Notice of Appointment of Mediator; the mediator's contact within 10 days of the Notice of Appointment; completion within 60 days of the Notice of Appointment of Mediator, extendable up to 30 days for good cause [CRC § 3.896]; notice of a settlement to the mediator and the ADR administrator no less than 2 days before the session [CRC § 3.1385]; all parties and decision makers present [LR § 6.17]; mediation statements (LR § 6.18, ADR.010); a neutral location, court facilities not used unless ordered by the Court or requested by the ADR Administrator; discovery during mediation [LR § 6.19]; the mediators' duties - conflicts [CRC § 3.855], the session date set within 10 days of the notice, the attendance sheet (ADR-107), the Statement of Agreement/Non Agreement (ADR-100), extensions by stipulation and order, complaints referred to the ADR Administrator [L.R. § 6.22]; the Alternative Dispute Resolution Packet, the Alternative Dispute Resolution Evaluation Form; the list of neutrals.
The Appellate Division at the North Butte County Courthouse facility (1775 Concord Avenue, Chico) reviews trial court decisions in Misdemeanor, Infraction, and Limited Civil (excluding Small Claims) matters; appeals in Felony, Unlimited Civil, Probate/Mental Health, Juvenile and Family Law cases filed with the court and handled by the Court of Appeal, Third Appellate District; the filing of an appeal does not postpone the payment of a fine or any other condition of the sentence (§ 1467); the judges designated as judges of the Appellate Division to serve from July 1, 2025 to June 30, 2026; oral arguments heard on the last Friday of every month at 3:30 PM at the North Butte County Courthouse facility in Chico; Local Rule 22 and the court reporter transcript request.
Electronic filing as the page states it (California Rules of Court 2.250 - 2.261, section 1010.6, Local Rule 21 and Standing Order BCSC 2019-SO-03) - mandatory in Juvenile Dependency matters (W&I 300) and all Civil matters (Limited and Unlimited), all Probate matters and all Family Law matters (including Child Support and Adoption), self-represented parties exempt; optional in felonies, misdemeanors, adult and juvenile infractions, W&I 601 and 602 matters, violations of parole or PRCS and related appeals and mental health matters; filing only through an authorized eFiling Service Provider (EFSP) listed on the Odyssey eFileCA website, each setting its own fees; a $3.50 per-transaction eFiling fee for each envelope (not in criminal case types); a credit card convenience fee (a percentage, or a minimum of $1.00) and $0.25 per eCheck transaction; the court's fees waived under an approved fee waiver or for a fee-exempt government entity; documents received electronically between 12:00 a.m. and 11:59:59 p.m. on a court day deemed filed that day (CCP 1010.6(b)(3)), on a non-court day the next court day; the items that may not be electronically filed.
At the North Butte County Courthouse facility (1775 Concord Avenue, Chico), mediation in child custody and visitation cases where the parties have been unable to reach an agreement on a parenting plan, the court ordering the parties to complete the local mediation program before permanent custody orders, the appointment made at the clerk's desk following the court appearance; the Online Mediation Orientation (approximately 30 minutes) and the intake form completed before mediation; all mediation appointments conducted remotely using Zoom, the invitation emailed the Friday prior to the appointment, a current email address given to the Court Clerk; a quiet and private location, sessions of up to 1½ hours, no third parties unless directed by the judge or the counselor, recording prohibited, children not brought unless asked; the Mediation and CCRC Frequently Asked Questions, the Information Form For Custody And/Or Visitation Matters, and the Family Court Services Client Complaint Form; probate court investigations in conservatorship and guardianship cases.
The CourtCall Remote Court Scheduler (RCS) platform after March 23, 2026, for all hearings in which a remote appearance is authorized, replacing CourtCall Classic (telephonic) and Zoom, each registered participant receiving a unique Microsoft Teams link; parties and attorneys with judicial approval self-schedule through CourtCall RCS with a CA Courts Identity account; approval and noticing requirements as outlined in Local Rule 1.10, no remote appearance scheduled before judicial approval where required; scheduling at least 16.5 hours before the hearing (until 4:00 p.m. the day before an 8:30 a.m. hearing, or until 9:00 p.m. the night before a 1:30 p.m. hearing), no self-scheduling after the cutoff; 10 court days allowed for the Court to schedule a hearing set by a filing or at a prior hearing; non-parties (agencies, witnesses, interpreters) scheduled by the case-type division on an ad hoc basis upon judicial approval; links not shared, duplicate logins denied; civility and decorum, connectivity and location the participant's responsibility; cancellation on the RCS website, which does not cancel the hearing, a failure to appear treated as a no-show; any recording strictly prohibited; no same-day remote appearances; approval, notice and a new link required for every hearing unless the judge explicitly approves it in open court; the court unable to troubleshoot CourtCall; the first and last name, and preferably the case number, on joining.
At the Butte County Courthouse facility (One Court Street, Oroville), Adoptions, Dependency, and Juvenile Justice matters for the entire county; juvenile dependency and juvenile justice cases strictly confidential, no information by telephone, photo identification proving a party to the case presented at the Court; transfer in hearings at 8:30 a.m. each Wednesday and Thursday in dependency matters and at 1:30 p.m. each Wednesday in juvenile justice matters, except court holidays, at the Butte County Courthouse; adoption hearings there, adoption files viewable only by the parties and their attorneys; copies of juvenile case files by the mandatory Local Form Declaration in Support to Inspect and/or Copy Juvenile Court Records Without a Court Order, filed in the Juvenile Division with photo identification (Local Rule 17.11); opening an adoption case costs $20.00; remote appearances by case type.
No-cost interpreter services for all court proceedings and court-operated services and programs; the Procedure for Requesting a Court Interpreter - a Request for Interpreter form (Form SS01) submitted to the clerk's office and delivered to the Interpreter Coordinator; a sign language interpreter requested on the Request for Accommodations by Persons with Disabilities and Response form (Form MC-410), forwarded to the ADA Coordinator; a telephonic interpreting service when an interpreter cannot appear in person, the requestor not excused from appearing when none is scheduled; cancellation no less than 24 hours in advance; a telephone interpreter at the Counter or by phone requested orally without the SS01 Form; the Language Access Services Complaint Form, in English and in Spanish; complaints about a certified or registered interpreter (Rule of Court 2.890) to the California Courts.
An order of the Presiding Judge (Hon. Michael R. Deems), effective January 1, 2026 and dated October 30, 2025, routing matters to the named judicial officers: Department 3 (Judge Jesus A. Rodriguez, 2026 Presiding Judge and 2026 Presiding Judge of the Juvenile Court) - Welfare and Institutions Code § 300 matters, adoptions, Family Code §7840 petitions, petitions to inspect adoption and birth records, § 601 and § 602 matters, infractions under Education Code § 48293(a) and the administration of the grand juries; Departments 2, 5, 7 and 4 (Michael R. Deems, 2026 Assistant Presiding Judge, also supervising the Collaborative Courts; Kimberly Merrifield; Virginia L. Gingery, 2026 Supervising Judge of the Criminal Division; Kristen A. Lucena) - felony matters by the defendant's last name (A-EA, EB-LE, LF-RI, RJ-Z) and co-defendants by the month of filing (Exhibit A); Department 10 (Philip H. Heithecker) - other misdemeanor matters and Penal Code § 415 and § 484-488-490.1(a) infractions where the defendant's last name begins with A-E and S-Z, elections and mandatory civil settlement conferences; Department 8 (Ruby S. Neumann) - those misdemeanors and infractions for F-R, Parole and Post Community Release Supervision Revocation Petitions, misdemeanor DUI matters where the defendant is not represented by a Public Defender, juvenile infractions and guardianships of the person only; Departments 11 and 9 (Clare Keithley, 2026 Supervising Judge of the Family Division; Corie J. Caraway) - family law matters other than Department of Child Support Services Title IV-D matters, randomly assigned fifty percent each, and in Department 9 the CRC 5.83 status conferences; Department 1 (Tamara L. Mosbarger, 2026 Supervising Judge of the Civil Division) - unlimited civil matters randomly assigned, asset forfeiture, probate (excluding guardianships of the person only), petitions under Welfare and Institutions Code § 5250 and § 8103 and LPS conservatorships; Department 6 (Stephen E. Benson) - unlimited civil matters randomly assigned, limited civil matters, CEQA matters, firearm and dog petitions, change of name and/or gender and CARE Act petitions; Commissioner Leah B. Sears - misdemeanor DUI matters where the defendant is represented by a Public Defender, and the Collaborative Court Calendars (Drug Court, HIDE, Domestic Violence, Veterans Treatment Court, Mental Health Diversion, Military Diversion); Commissioner Mark Emmons - Butte County Department of Child Support Services-Title IV-D matters with the related Penal Code § 270 and § 166(a)(4) matters, small claims when a Judge Pro Tempore is not available, adult infractions (excluding those assigned above), limited unlawful detainers and civil harassment; orders submitted for signature routed to the judicial officer who made them, or, when that officer is away from the court for more than five (5) consecutive Court days, under Code of Civil Procedure § 635 to the division's Supervising Judge or the Presiding Judge; reassignment after a disqualification through the division's Supervising Judge, the Presiding Judge or the Assistant Presiding Judge, and in the Criminal Division by Exhibit B; assignments for all purposes within the meaning of Code of Civil Procedure § 170.6(a)(2), and a peremptory challenge when the felony trial assignment calendar assigns a new trial judge; a visiting judge on the Shasta Exchange calendar when all available judicial officers are disqualified; a Judge Pro Tempore for all Small Claims Matters; and the judges designated as Judges of the Juvenile Court under Section 246 of the Welfare and Institutions Code.
An order of the Presiding Judge (Hon. Michael R. Deems) dated 9-15-2025: the Media and Recording Policy of the Butte Superior Court, as amended by the court on October 22, 2021 after a vote of the Board of Judges, governs all recording by members of the public and the media in Butte County court facilities, superseding Standing Order 2012-SO-05. The policy: cameras, video and audio recorders and other recording devices besides a cellular phone, laptop or tablet permitted in the courthouse only with an Order on Media Request to Permit Coverage (MC-510) signed by a judicial officer (or by a judge of another county or a retired judge presiding by a change of venue or assignment), a written media request (MC-500) filed at least five (5) days before the hearing date unless good cause is shown (California Rule of Court 1.150), use limited to the order's scope, subject to hand and visual search; in the courtroom, cellular phones, laptops and tablet devices powered off while Court is in session and used only if the presiding judicial officer authorizes, otherwise stored out of sight; in public areas and in front of the courthouse, photography and recording only with an MC-510 signed by the Butte Superior Court Executive Officer (or the Presiding Judge, Assistant Presiding Judge or Assistant Court Executive Officer in the CEO's absence or by designation), photography of public records with the clerk's approval, other use permitted if not disruptive; a violation may result in a warning, confiscation, exclusion, detention or arrest by the Butte County Sheriff.
Remote appearances generally authorized under Code of Civil Procedure §§ 367.75, 367.76, and California Rules of Court (CRC) 3.670 and 3.672; judicial approval required for all remote appearances except Case Management Conferences and Law & Motion matters, preapproved pursuant to Local Rule 1.10(D)(1); a new CourtCall meeting link for each hearing; parties (those in the court's official record) and ad hoc participants (witnesses, interpreters, court reporters, victims, agencies); notice for every hearing unless given for the duration of a case or waived by stipulation (CRC, Rule 3.672(f)); a Notice of Remote Appearance (RA-010) filed and served at least five (5) court days before the hearing, or ten (10) court days before an evidentiary hearing or small claims trial; an Opposition to Remote Proceedings at Evidentiary Hearing or Trial (RA-015) at least five (5) court days before; a proposed Order Regarding Remote Appearance (RA-020) filed with the RA-010; parties scheduling themselves on CourtCall's Remote Court Scheduler (RCS) website after approval, ad hoc participants through the case-type division.
Remote appearances authorized in select circumstances and in certain proceedings pursuant to Penal Code § 977.3; judicial approval required for all remote appearances; a new CourtCall meeting link for each hearing; a Request for Remote Appearance and Order (GR.060) filed at least five (5) court days before the hearing; parties scheduling themselves on CourtCall's Remote Court Scheduler (RCS) website after approval, ad hoc participants through the case-type division.
Remote appearances generally authorized under Code of Civil Procedure § 367.75(h) and California Rule of Court, Rule 3.672(i); judicial approval required for all remote appearances; a Request to Appear Remotely—Juvenile Dependency (RA-025) filed and served at least ten (10) court days before the hearing, or, for a hearing set with less than ten (10) days' advance notice, notice of intent no later than 2:00 p.m. on the court day before the proceeding; a proposed Order Regarding Remote Appearance (RA-020) filed with the RA-025; a Request to Compel Physical Presence—Juvenile Dependency (RA-030) at least five (5) court days before the hearing (for a short-notice hearing, by 2:00 p.m. on the court day before); parties scheduling themselves on CourtCall's Remote Court Scheduler (RCS) website after approval, ad hoc participants through the case-type division.
Remote appearances authorized in select circumstances and in certain proceedings pursuant to Welfare and Institutions Code § 679.5; judicial approval required for all remote appearances; a Request for Remote Appearance and Order (GR.060) filed at least ten (10) court days before the hearing; parties scheduling themselves on CourtCall's Remote Court Scheduler (RCS) website after approval, ad hoc participants through the case-type division.
Adult and juvenile traffic citations and other infractions; the courtesy notice mailed within three weeks of the citation to the address on the citation (the case/docket number, the bail amount, traffic school eligibility and proof of correction requirements), the duty to contact the court when none arrives; a warrant or a driver's license hold on a failure to respond; Juvenile Traffic/Infraction matters heard on Fridays at 2:30 pm at the Butte County Courthouse; arraignment; a "Mandatory Appearance" notice - the court date cannot be rescheduled by Court staff, an earlier date possible by calling (530) 532-7005; correctable violations signed off (VC40616(c)); proof of insurance with a statutory fee of $25.00 per violation or a reduced bail amount, checks or money orders payable to Butte County Superior Court; animal control violations; a court trial requested through the mail or in person before the appearance date; trial by written declaration for vehicle code violations only, with the full bail amount posted (Section 40902 of the California Vehicle Code); license holds and warrants; one 90-day extension by mail, phone, or in person, only before the appearance date and not on citations that require a court appearance.
Violations that may require a court appearance (sections 12500, 14601 and 23109 of the Vehicle Code, BP25662, PC374.3 or 374.4); the courtesy notice, failure to receive one no legal basis for failing to take care of a citation, 10 days allowed for delivery and processing of payments and documents by mail; on a failure to appear, a DMV hold or a warrant, a Failure to Appear charge (VC40508(a) and/or PC853.7) and a civil assessment charge of $300 (PC1214.1); bail forfeiture and the ways to pay; one 90-day extension from the Clerk's Office by telephone at (530) 532-7005, by written request to 1775 Concord Avenue, Chico, CA or in person; proof of correction and the $25.00 fee (VC Section 40611(a)); traffic school eligibility and the non-refundable fee of the bail amount plus $52.00, paid in person or by mail and not online, with 90 days to complete; arraignments on the walk-in arraignment calendar, sessions generally at 8:30 a.m.; a court trial scheduled in person or by mail, at least 2 hours at the courthouse; witnesses by subpoena; a change of trial date requested at least 10 court (business) days before the trial date, in most cases rescheduled only once; trial by written declaration with the bail deposited in advance (VC40902(b)); community service through the Court Compliance Division at (530) 532-7014, with a 10% down payment on vehicle code violations.
Rule 1 (1.1 to 1.14): motions in limine filed five (5) Court days prior to the Trial Readiness Conference (1.2); all civil matters, including small claims, filed at the North Butte County Courthouse, 1775 Concord Ave., Chico (1.3); multimedia and non-documentary items not accepted as part of a filed pleading, non-documentary exhibits accepted by the Clerk's Office only with a judicial officer's prior authorization, pre-marked with a coversheet (1.5); official court reporters in criminal and juvenile matters, and form FW-020 filed at least ten (10) calendar days before a hearing by a party with a fee waiver (1.8); trial readiness - the Memorandum to Set Case for Trial (form GR.010), trial memoranda and lists of exhibits and witnesses for court trials over two hours filed by noon on the Monday before trial, the Trial Readiness Conference and its statement (form GR.020) filed at least five (5) Court days before it, and the Procedural Stipulations for Jury Trial (form GR.040) (1.9); remote appearances - authorization, notice for each hearing, the general rules of decorum, connection and no recording, self-registration on the court's approved platform, telephonic appearances without form RA-010 in non-evidentiary civil, probate and family law matters, video appearances on form RA-010 filed and served ten (10) court days before an evidentiary hearing or small claims trial or five (5) court days before other hearings with form RA-020, an opposition on form RA-015, form GR-060 at least five (5) calendar days before in criminal and juvenile justice matters, form RA-025 in juvenile dependency matters and form RA-030 two (2) court days before (1.10); audio/visual presentation equipment requested on form GR.030 five (5) Court days before (1.11); elisors (1.12); remote access to court proceedings and requests to record or broadcast filed five (5) Court days in advance under Rule 1.150 (1.13); and jury hardship requests submitted at least five (5) Court days before the service date (1.14).
Rule 12 (12.1 to 12.11): probate - documents for a hearing filed no later than seven (7) calendar days before it, final distribution hearings set one (1) year from the appointment of a personal representative with a status update when the petition cannot be filed, the hearing's time and date under the caption, current Judicial Council forms, proposed orders and the procedure for ex parte matters (12.1); the personal representative's bond - ordinarily a $10,000 minimum, the methods of reducing it, blocked accounts and the bond filed within 10 (ten) calendar days after the appointment (12.2); sales of real property - appraisal within one year, offers of at least 90 percent (90%) of the appraised value, brokers' commissions, the ten percent (10%) deposit and overbids, notices, confirmation hearings and exclusive listings, and sales of securities (12.3); compensation of personal representatives and their attorneys (12.4); spousal and community property petitions (12.6); preliminary and final distribution (12.7); final discharge (12.8); conservatorships (12.10); and guardianships (12.11).
Rule 13 (13.1 to 13.7): fax filing through a fax filing agency, and informational letters faxed directly to the Court at (530) 532-7042, without fee (13.1); documents complying with California Rules of Court Rules 2.100 through 2.119 and 3.1110 through 3.1116 (13.2); the Clerk conforming a maximum of two (2) copies of a document at filing (13.5); a self-addressed envelope with sufficient postage for the mailed return of documents, copies without one placed in the "hold drawer" and destroyed after thirty (30) days (13.6); and the hearing date and time and the Court's address in the caption, and for papers filed after a matter is taken under submission the date submitted and the department (13.7).
Rule 14 (14.1 to 14.8): fees for Court-appointed attorneys - $85.00 per hour for out-of-Court work, trial and post-trial work, no fees for waiting time or travel time, billing in six(6)-minute increments in family law, probate and guardianship appointments (14.2); costs reimbursed with the Court's prior authorization, copies at 10 cents per page, no parking or mileage (14.3); claims on the Butte County Claim for Professional Services (14.4); capital criminal cases (14.5); juvenile dependency conflict counsel and Family Code §3150 appointments - claims within sixty (60) days of the services, June claims within thirty (30) days after the end of the month (14.6); malpractice coverage of $100,000 per occurrence and $300,000 aggregate (14.7); and the schedule of attorney fees in actions on promissory notes and contracts and in foreclosures (14.8).
Rule 15 (15.1 to 15.6): the family-centered case resolution process under Family Code §§2450, 2451 and California Rules of Court, Rule 5.83, for dissolution, legal separation, nullity, petition for custody and support, parentage and grandparent cases filed after January 1, 2013 (15.1, 15.2); a Notice of Status Conference, the conference calendared within 180 days after the filing of the petition, served with the summons and petition (15.3); attendance - all parties at the initial status conference (the Department of Child Support Services excepted), attorneys and self-represented parties at each later one unless excused, and reconciliation (15.4); the Preliminary Declaration of Disclosure served no later than ninety (90) days after service of the petition, and form FL.060 filed and served at least five (5) calendar days before each status conference (15.5); and the status conference and the Court's role (15.6).
Rule 16 (16.0 to 16.27): family law - the Request for Order (FL-300) and its exceptions (16.0); hearings on the Family Law Calendars (16.1); a minor's request to marry, with form FL.020 provided to Family Court Services (16.2); service under Code of Civil Procedure §1005 (16.4); ex parte restraining orders - notice, the declaration on form FL.010, ex parte hearings each Court day at 3:00 pm at the North Butte County Courthouse with the papers filed at or before 10:00am, and custody changes only on a clear showing of immediate harm (16.5); the Family Law Facilitator and its complaint process (16.6, 16.7); lengthy matters (16.8); the meet and confer requirement (16.9); evidence under Family Code §217 (16.10); discovery (16.11); child and spousal support - a current Income and Expense Declaration filed at least ten (10) days before the hearing, the documents exchanged, the "Santa Clara" schedule for temporary spousal support (16.12); written stipulations, form FL.070 (16.13); change of venue (16.14); trials and short and long cause evidentiary hearings - twenty (20) minutes or less on the Request for Order Calendar, the At-Issue Memorandum (form FL.090), preliminary and final trial papers, continuances (16.15); a notice of motion for a valuation date for community property other than the date of trial, heard not later than thirty (30) calendar days before the trial date (16.16); property settlement agreements (16.17); default and uncontested judgments (16.18); minor's counsel - costs, the review of an ability to pay determination on form FL.130 and complaints (16.19); the Court's policies for family law (16.21); contempt hearings (16.24); petitions to terminate parental rights (16.25); adoptions (16.26); and the parenting coordinator guidelines, form FL.100 and the certificate on form FL.110 (16.27).
Rule 17 (17.1 to 17.18): attorneys representing parties in dependency proceedings under W&I Code §317.6 and Rule 5.660 (17.1); the Confidentiality Notice and Agreement (form JV.040) (17.2); competency - the Certificate of Competency (form JV.010), education, training and workloads (17.3 to 17.5); appointments and standards of representation (17.6, 17.7); the statutory timelines - detention hearings no later than the end of the next Court day, jurisdiction hearings within thirty (30) calendar days or, for a detained child, fifteen (15) Court days, disposition, the six, twelve and eighteen month reviews, writ petitions and the selection hearing within 120 days (17.8); the complaint process for court-appointed attorneys (17.9); informing the Court of a dependent child's interests (17.10); the inspection of records by the declaration on form JV.030, filed with photo identification (17.11); discovery, case records available ten (10) calendar days before contested proceedings (17.15); reports due at least 48 hours or ten (10) calendar days before hearings (17.17); and settlement conferences before contested hearings (17.18).
Rule 18 (18.1 to 18.10): the Court Appointed Special Advocate program under Welfare and Institutions Code §§100-110 and Rule 5.655 (18.1); special advocates - appointment, functions and the oath (18.2); the release of information and access to the case file (18.4); timely notice of motions (18.5); calendar priority (18.6); visitation (18.7); family law advocacy (18.8); the right to appear (18.9); and CASA reports submitted at least (5) five Court days before the hearing and served at least two (2) Court days before it (18.10).
Rule 19 (19.1 to 19.5): communication among the criminal, family and juvenile departments on domestic violence orders (19.1); no protective or custody order in conflict with an order of the criminal court (19.2); modification of criminal orders (19.3); coexisting criminal and family or juvenile orders and the safe exchange of children (19.4); and a certified copy of each order conveyed within 24 hours to the Butte County Sheriff’s Department for CLETS (19.5).
Rule 2 (2.1 to 2.18): civil law and motion - documents presented for filing complying with the California Rules of Court (in particular Rules 2.100 and 3.1110 through 3.1115) and Rule 13, self-contained judgments and orders, and a form of order, ruling or judgment provided by the moving party (2.2); a request for judicial notice of a Butte County Court file filed no less than seven (7) Court days before the hearing (2.3); hearings on motions not regularly reported, a reporter on written request under Rule 1.8(c) or privately retained, and the Transcript Request Form (2.6); continuances by a Stipulation and Order to Continue filed by the close of business the third Court day before the hearing, later only by written Order of the Court for good cause (2.8); tentative rulings on law and motion matters on the Court's website by 3:00 p.m. on the Court day preceding the hearing (2.9); ex parte matters at 4:00 p.m. Monday-Thursday and 1:30 p.m. on Fridays, notice by 10:00 a.m. the day before and papers filed by 10:00 a.m. on the day of the hearing, with the declaration on form LM.010 (2.10); default prove up hearings on the assigned Judge's court trial calendar, requested at least fourteen (14) court days before, declarations submitted at least ten (10) court days before (2.12); summary judgment motions under Code of Civil Procedure §437c (2.13); discovery disputes - special referees and the informal Pretrial Discovery Conference on forms LM.020, LM.030 and LM.040, an opposition within five (5) Court days, tolling (2.14); compromises of a minor's or incompetent's claim and attorney fees under Rule 7.955 (2.16, 2.17); and the guardian ad litem policy (2.18).
Rule 20 (20.1 to 20.4): the felony trial assignment calendar (TAC) - trial counsel present, in limine and trial motions, trial briefs, jury instructions and witness and evidence lists on file by 12:00 pm on the TAC date, motions heard at 1:30 pm, and jury trials beginning on Mondays at 8:00 a.m. (20.1); discovery under Penal Code §1054, informal requests deemed made at the arraignment (20.2); the mandatory local criminal forms (20.3); and motions for the release of an in-custody defendant on a misdemeanor, heard only on Friday at 1:30 p.m. by video appearance - a rule in effect only during the declaration of emergency addressing coronavirus and COVID-19 (20.4).
Rule 21 (21.1 to 21.4): mandatory electronic filing in juvenile dependency, civil, probate and family law matters (including Department of Child Support Services matters), self-represented parties exempt under Rule 2.253(b)(2), and permissive electronic filing in all other case types, including criminal (felony/misdemeanor), traffic/infractions and juvenile delinquency matters (21.1); the approved electronic filing service providers listed on the Court's website (21.2); filing dates under Code of Civil Procedure §1010.6(e)(3) (21.3); and the items that may not be electronically filed, a Labor Commissioner appeal's deposit made within five (5) Court days (21.4).
Rule 22 (22.1 to 22.5): trial counsel's duty in misdemeanor, infraction and limited civil (excluding small claims) cases to ensure an adequate record on appeal, including a proposed statement on appeal and attendance at the hearing on settled statement (22.1); and the official electronic recording as the record of the oral proceedings by stipulation or by application in infraction, misdemeanor and limited civil appeals, under Rules 8.917(c), 8.916(d)(6)(A), 8.868(c), 8.869(d)(6)(A), 8.835(c) and 8.837(d)(6)(A) (22.5).
Rule 3 (3.1 to 3.12): the Trial Court Delay Reduction Program for general civil cases filed after July 1, 1992 (3.1), its policy - 90% of civil cases concluded within twelve (12) months, 98% within eighteen (18) months and 100% within twenty-four (24) months (3.5); service of pleadings with a proof of service, an Order to Show Cause on a failure, responsive papers five (5) calendar days before, uninsured motorist cases suspended for up to 180 days (3.7); case management plans 1 to 4, unlimited cases presumed Plan 1 and limited cases Plan 4 (3.8); the Notice of Assignment and Case Management Conference - set within 180 days of filing, within 120 days for limited general civil cases - with a blank Case Management Statement (CM-110) and the Alternative Dispute Resolution Package served with the complaint, the Case Management Statement filed and served no later than fifteen (15) calendar days before the conference, attendance and the pretrial orders (3.9); settlement conferences - full authority, settlement conference statements filed and served five (5) Court days before (form DR.040), excuses sought five (5) calendar days before, a mandatory meet and confer ten (10) calendar days before (3.10); late papers marked "Late Filed Document" (3.11); and sanctions (3.12).
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).
Rule 50 (50.1 to 50.4): the Court Executive Officer, who also functions as the Clerk of the Court under Rule 10.610(a), with the powers, duties and responsibilities of the clerk under Government Code §§69840-69848, the transfer of the clerk's employment responsibilities under §68114.6, and the appointment as Jury Commissioner under Code of Civil Procedure §195(a) (50.2); and a judicial vacation day defined (50.4).
Rule 51 (51.1 to 51.5): complaints about judges assigned through the assigned judges program to the Court Executive Officer, with a notice of receipt signed by the Presiding Judge (51.1); about temporary judges pro tem to Court Administration (51.2); about subordinate judicial officers on the Subordinate Judicial Officer Complaint Form to the Court Executive Officer (51.3); and about court employees to Court Administration (51.4) - each at One Court Street, Oroville, CA 95965, the last three with a written notice of the final action, to the extent possible, within ninety (90) days; and language access complaints to the Language Access Representative on the Language Access Complaint Form, available at every court facility and on the Court's website, each answered within sixty (60) days unless submitted anonymously (51.5).
Rule 6 (6.0 to 6.22): judicial arbitration and civil action mediation - exempt actions, and cases with an estimated time for trial of less than two days excluded from mandatory arbitration or mediation (6.0); the Court's file kept by the Clerk (6.1); the ADR Administrator (6.2); ADR orders and further status conferences (6.3); selection of the neutral - the panel of arbitrators and the two-tiered panel of mediators ("party select" and "random select"), form ADR.020 (6.4); the arbitrator's award within five Court days and the mediator's Statement of Agreement or Non-Agreement (ADR-100) within ten days after the completion date, and the ADR-101 information form (6.5); notice of a settlement to the neutral at least two (2) days before a session, or compensation of up to $300.00 (6.6); requests to disqualify a neutral filed within five (5) days of the designation, and vacancies (6.7); compensation - up to three (3) hours of arbitration hearing time, the Court paying up to $150, and three (3) hours free of charge on the random select mediation panel (6.8); arbitration - initiated by election (an award not exceeding $50,000), stipulation or order, withdrawal, the hearing and the award (6.9 to 6.16); appearances at mediation (6.17); mediation by stipulation before the first case management conference, a date agreed with the mediator within fifteen (15) calendar days after the mediator's selection or appointment, and information about the case given to the mediator and the other parties at least five (5) Court days before the mediation hearing, on form ADR.010 or the party's own paper, no longer than five (5) pages (6.18); discovery during mediation (6.19); the mediators - the panels' eligibility (twenty-five (25) hours of formal mediation training, and for the party select panel fifteen (15) court-connected mediations and two (2) pro bono cases a year), four (4) hours of continuing education bi-annually, California Rules of Court, rules 3.850 through 3.868, and non-panel mediators authorized by the judge at the referral (6.20); failure to participate (6.21); and the civil mediator complaint process (6.22).
Rule 9 (9.1 to 9.14): the Court's policy on custody and Family Court Services' mediation in lieu of a Family Conciliation Court (9.1); mediation completed before any contested hearing on custody or visitation (9.2); the parties' duties and the child custody recommending counselor's written recommendation under Family Code §3183(a) (9.3); the conduct of mediation - private sessions, agreements documented, the counselor's authority to exclude counsel and to interview the children, separate mediations where domestic violence is alleged, and mediation remotely using Zoom (9.4); contested custody - calendar preference and the showing for an ex parte change of a child's residence (9.5); evaluations under Family Code §3111 - appointment on form FL-327 with form CV.010, confidential reports, objections within twenty (20) calendar days, the Tuesday or Wednesday RFO calendar, peremptory challenges and the complaint procedure (9.6); trials and long cause hearings after mediation (9.7); modification motions on the Family Law Request for Order calendar (9.8); the Family Code § 3044 presumption (9.9); defaults (9.10); UCCJEA cases, notice to Family Court Services at least seven (7) court days before a hearing at which a counselor may testify, and minor's counsel (9.11); mediation under Family Code §3170 - disclosures, one peremptory challenge and the complaint process (9.12); the mediation orientation program, completed before the mediation appointment and at least once every two (2) years (9.13); and the result of a failure to comply (9.14).
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.
A court may permit, or require, parties to file documents electronically in civil actions by local rule under Code of Civil Procedure section 1010.6, specifying the case types covered; self-represented parties are exempt from mandatory electronic filing and service and, in mixed cases, file, serve and are served by non-electronic means unless they agree otherwise; a party required to e-file must be excused on a showing of undue hardship or significant prejudice through a process the court must provide; fees must be consistent with section 1010.6, and the effective date of filing is as section 1010.6 prescribes. A court that permits e-filing may also order all parties in a class, consolidated, coordinated or complex action to file electronically.
The complaint must be served on all named defendants, with proofs of service filed, within 60 days after filing (30 days for a defendant added by amendment), and a cross-complaint adding new parties must be served with proofs filed within 30 days; the parties may stipulate to one 15-day extension of the 30-day response period; a request for entry of default must be filed within 10 days after the time to respond has elapsed and a default judgment obtained within 45 days after default is entered, or the court may issue an order to show cause regarding sanctions. Collections cases under rule 3.740(a), unlawful detainer actions and Family Code proceedings are excluded.
A summary judgment or summary adjudication motion must contain a notice of motion, a separate statement of undisputed material facts in the rule's two-column format with citations to exhibit, title, page and line numbers, a memorandum, supporting evidence and any request for judicial notice; summary adjudication must state the specific cause of action, affirmative defense, damages claim or duty issue in the notice and repeat it verbatim in the separate statement; the opposition consists of a memorandum, a responsive separate statement stating 'disputed' or 'undisputed' for each fact with the evidence for any dispute and any additional material facts, opposing evidence and any request for judicial notice; evidence exceeding 25 pages must be separately bound with a table of contents; and on request a party must provide an electronic version of its separate statement within three days. The rule's format illustrations in subdivision (h) are on the official page.