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42 rules
The Community Assistance, Recovery, and Empowerment Act - a court-ordered CARE plan or court-approved CARE agreement for up to 12 months for Californians living with untreated schizophrenia or other psychotic disorders, initiated via a petition; CARE Act Court matters heard on Tuesdays in Department 1 at 8:45 A.M., the proceedings not open to the public; a new petition filed by someone familiar with the person who needs help, on the mandatory petition form with the supporting documents attached (form CARE-100 describes them) - a petition not on the mandatory form or without the supporting documents may be rejected or dismissed without a hearing; form 050-INFO for petitioners and form 060-INFO for respondents; Colusa County Behavioral Health at 162 E. Carson Street, Colusa; the court's legal self-help program at 547 Market Street, (530) 458-0598.
The cases the Civil Division assists parties with - recovery of money or property in non-contract civil disputes or contract enforcement, civil rights, landlord tenant actions, Petitions to Change Name and various writs; a limited civil case involving $25,000 or less, an unlimited case over $25,000; no direct line for accepting fax filings - a fax filing agency under California Rule of Court 2.303, each document containing the phrase "BY FAX" immediately below its title and physically transported to the Court; a Request to Waive Court Fees filed with the first documents the litigant presents for filing, reviewed by a judge (a clerk may also grant a fee waiver based on certain information); continuances of law and motion matters by written stipulation of the parties or counsel with the applicable filing fee, the stipulation, order and continuance fee received and signed by the court prior to the date and time for the hearing; a settled matter reported to the court and followed up with the mandatory judicial council form Notice of Settlement of Entire Case; ex parte hearings under Local Rules Rule 3.07; no tentative rulings (California Rules of Court 3.1308) - appearances necessary for law and motion hearings; copies in person or by mail at $.50 per page, a certification fee of $40.00 if necessary and an additional $15.00 search fee per name when the case number is unknown, a request by mail with a self-addressed stamped envelope and a check or money order payable to Colusa Superior Court; handwritten forms printed clearly and legibly in blue or black ink accepted; telephone appearances under Local Rules Rule 3.10; no endorsed fact sheets - an endorsed copy only of a copy of the entire document being filed.
The Colusa County Superior Court Mediator, an impartial third party, helps the parties develop a parenting plan/agreement; an appointment required - the Child Custody Mediation Intake Form, in English or Spanish, downloaded, printed and filled out in all sections; no mediation appointment scheduled without a submitted intake form - once either party submits a completed form an appointment is scheduled and a Notice of Mediation mailed to both parties; both parties submit the intake form before their mediation appointment, no party allowed to mediate without one; the judge makes no decision about custody/visitation until after the parents have met with a mediator; the office at 547 Market Street, Courthouse Annex, Colusa (mailing address 532 Oak Street), telephone (530) 458-0598, open Mondays 8:30a.m. - 4:30p.m., closed for lunch from 12:00p.m. - 1:00p.m.
At the arraignment a defendant without an attorney who cannot afford one may ask the Court to appoint one; no shorts, tank tops or bare feet in the courtroom; on a missed court date in a misdemeanor or felony case a bench warrant issued, the defendant then reporting to the court on a Tuesday for walk-in court, surrendering to local law enforcement or contacting an attorney - a walk-in defendant checks in at the clerk's office at 532 Oak Street, Colusa, before 12:30p.m. (anyone checking in after 12:30p.m. not seen); the Public Defender appointed by the Court for an eligible defendant (Colusa County has no Public Defenders Office); credit card payments in person at the Clerk's Office, checks or money orders mailed or delivered to 532 Oak Street with the case number and full name (no cash), or online by Visa, MasterCard or Discover; case information from the online index or the criminal division at (530) 458-5149 option 4; in-custody arraignments held as needed upon availability of the Court - the criminal division called at (530)458-5149 option 4 after 9:00a.m. for their time and department, most in-custody defendants placed on calendar the morning of court; a defendant whose name is not on the calendar outside the courtroom checks in with the Clerk's Office; copies at $.50 per page, a certification fee of $40.00 per certification and an additional $15.00 search fee per name when the case number is unknown; the entire file viewable in person except confidential documents such as police and probation reports, online the case type, case description, charges, filing date, events and dispositions; a dismissal after conviction under Penal Code 1203.4 sought on the Petition per PC 1203.4a and its order.
Domestic violence and gun violence restraining order documents prepared with the LawHelp Interactive interview (it does not file the forms; the system times out at 2 hours) and submitted electronically by e-mail to info@colusa.courts.ca.gov, or printed and filed with the clerk at the courthouse - no fees for filing these documents; a judge reviews the papers to decide whether to grant temporary protection, and the papers are picked up from the court; the other side served by the Sheriff's Office free of charge ((530) 458-0227), by a process server or by someone 18 or over and not part of the case - never by the person asking for the order.
Pursuant to California Rules of Court 2.250-2.261 and Civil Code of Procedure 1010.6, e-Filing permissive for initial and subsequent filings in all Civil matters (Limited and Unlimited), all Probate matters, all Family Law matters (including Child Support and Adoption) and Juvenile Dependency matters (W&I 300), and for subsequent filings only in Felonies, Misdemeanors, Criminal Infractions, Traffic Infractions, and Juvenile Delinquency matters (W&I 602) - not required for all litigants, filings also by mail or in person at the Clerk's Office during regular business hours; a document received electronically between 12:00 a.m. and 11:59:59 p.m. on a court day deemed filed on that court day (CCP 1010.6(b)(3)), on a non-court day filed on the next court day; documents filed the same day as the hearing not guaranteed a timely delivery for judicial review; never e-filed: any 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 accurately transmitted, trial exhibits, documents lodged provisionally under seal, documents for cases under seal, requests for copies, requests for administrative records (CRC 10.500) and any document a judicial officer orders filed at the Clerk's Office; any Electronic Filing Service Provider (EFSP), registration required; a document requiring a judge's signature its own lead document, a cover letter under a separate filing code, signed orders placed in a pick up box unless the filer submits a SASE; documents filed as at the clerk window, each needing its own file stamp a separate lead document with its own event code; submissions not cancelled once completed; filers responsible for service, e-service through eFileCA; e-filing a consent to electronic service (California Rules of Court, Rule 2.251(b)(1)(B)).
A reduction of the amount owed on a traffic ticket requested with proof of the lack of the financial means to pay, at any point in the process, answered only after a plea of guilty or no contest; the MyCitations online tool (recommended) to enter a plea and make an ability to pay request on eligible infractions and to request a payment plan, more time to pay or community service instead of fines and fees, also for a case in collections; or form TR-320/CR320, Can't Afford to Pay Fine: Traffic and Other Infractions, through the clerk's office; an additional fee of up to $100 possible 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; fines and fees owed from a misdemeanor or felony offense not eligible; the online tool not for contesting the citation, attending traffic school or a dismissal or reduction of charges with proof of correction.
Juvenile transfer cases set, as California Rules of Court, Rule 5.610(f)(2) requires, in Department 1, 547 Market Street, Colusa - dependency on Mondays at 1:00p.m., delinquency on Mondays at 2:00p.m.; a notice of appeal filed within 60 days after the rendition of the judgment or the making of the order (no extension except as Rule 8.66 provides); juvenile traffic cases involving only infractions paid by telephone, online or in person unless the citation indicates a mandatory appearance, at which a parent or legal guardian accompanies the minor; a parent or legal guardian appears with the child for court hearings; a Petition to Seal submitted to the Colusa Juvenile Probation Department, a court date scheduled and notice sent to all parties; juvenile records confidential - the minor, parents, legal guardians or attorneys of record obtain copies of minute orders and selected court documents in person at the Clerk's office, 532 Oak Street, with photo identification, the records not mailed; the Juvenile Division at 532 Oak Street, Monday - Friday 9:00a.m. - 4:30p.m., (530) 458-5149.
Important public notice under Government Code Section 68106(b)(1), dated June 28, 2021: effective Wednesday, September 1, 2021, the operating hours for the Clerk’s Office filing windows and telephones Monday – Friday from 9:00 a.m. to 4:30 p.m., excluding holidays (formerly 8:30 a.m. to 5:00 p.m.); a drop box available at Department Two to receive documents and payments outside of the Clerk’s Office operating hours, any document deposited in the drop box up to 5:00 p.m. on a court day deemed to have been deposited for filing that day; no cash payments accepted via drop box.
Court ordered fines paid online by entering the case, citation or docket number; by mail a check or money order payable to "Colusa Superior Court" mailed to 532 Oak Street, Colusa, CA 95932 with the correct case number (no cash); in person cash, check, money order, and debit/credit cards accepted at the business counter, Monday through Friday (excluding court holidays) from 9:00 a.m. to 4:30 p.m.
The Family Law Facilitator's Office and the Self-Help Center, housed together at 547 Market Street, Courthouse Annex, Colusa, under the supervision of an attorney - free, not confidential, no legal advice, no income eligibility requirement, for those not represented by an attorney; open Monday to Wednesday, 8:30 a.m. - 4:30 p.m., (530) 458-0598, self-help@colusa.courts.ca.gov; the Family Law Facilitator Program limited to parentage and child and spousal support matters, the Self-Help Center serving child custody and visitation, support, dissolution, legal separation or nullity, paternity, name change, probate guardianship, workplace violence, domestic violence and civil harassment restraining orders and small claims; an appointment by calling ahead, or assistance at the Center; the court requires the original plus 2 copies of all documents presented for filing, forms may be neatly handwritten in blue or black ink and are signed and dated before the copies are made.
No lawyer in court (a lawyer may advise before court; attorneys may represent either side on appeal or in enforcing a judgment); free advisory services through the self-help center at 547 Market Street, (530) 458-0598, self-help@colusa.courts.ca.gov; the most a person can ask for stated as $10,000 (businesses up to $5,000), no more than two claims anywhere in the State of California for over $2,500 in one calendar year and an unlimited number for $2,500 or less; filing fees in the Statewide Fee Schedule updated January 1, 2026; legible handwritten forms accepted; no fax filings in small claims; a plaintiff at least 18 years old (or a guardian appointed); the defendant served by service of process, never by the plaintiff, or by certified mail through the Clerk's Office for a fee; a continuance requested on the Request to Postpone Small Claims Hearing (form SC-150) with a processing fee if the defendant has been served and a copy mailed to the other parties - a request received within 5 days of the court date attached to the case for the judge at the time of trial, one received more than 5 days before decided and the decision mailed; at trial copies of all evidence for each party and the judge, both parties exchanging and reviewing their documents in the hallway before the case is heard, the proceedings not recorded by a court reporter; a Defendant's Claim and Order to Plaintiff (form SC-120); an Application and Order to Produce Statement of Assets and to Appear for Examination (form SC-134) with a filing fee, a Writ of Execution (form EJ-130) and an Abstract of Judgment (form EJ-001) recorded with the County Recorder; an Acknowledgment of Satisfaction of Judgment (form EJ-100) filed on full or partial payment; a Motion to Vacate (form SC-135) within 30 days after the Notice of Entry of Judgment was mailed, a Small Claims Appeal (form SC-140) within 10 days after the notice of denial was mailed.
A courtesy notice mailed to the address on the citation (the court is under no obligation to send one, and failure to receive it is no excuse), the citation resolved or contested by the appearance date at its bottom - otherwise a Failure to Appear, additional fines and fees, referral to the Colusa County Superior Court Collections Unit with a civil assessment fee of up to $100.00 and a possible hold on the driver's license (CVC 40509/40509.5); the full bail forfeited by personal check, certified bank check or money order payable to the COLUSA SUPERIOR COURT, 532 Oak Street (no cash by mail), unless the appearance is mandatory; a fine reduction for financial hardship through MyCitations; a correctable violation cleared with proof of correction signed by a law enforcement officer or other authority, with the fees, by mail or in person to the Traffic Division - proof of insurance for VC 16028(a) submitted directly to the court with a fee of $25 for a single violation, insurance bought after the citation reducing the insurance fine to $499.00; under California Rules of Court, Rule 4.105, no bail deposit to appear for arraignment or trial unless a statutory procedure requiring it is elected; under Rules 4.106 and 4.335 a written petition to reduce or vacate the civil assessment or for an ability-to-pay determination, decided on the declaration and supporting documents or at an appearance before a judicial officer; bail paid in installments on the Agreement to Pay and Forfeit Bail in Installments returned by the appearance date with a first payment of $50.00 and any proofs of correction - not for a mandatory appearance or traffic school, processed by a clerk within 7 days, no credit cards, a default adding a Failure to Appear charge and a referral to collections; the Collections Unit at (530)-458-0600 or collections@colusa.courts.ca.gov, a DMV hold released only on payment in full with verified funds; traffic school paid in full - the signed courtesy notice with the original bail amount plus the $52 state mandated fee by the appearance date, the course at a DMV approved school completed within 60 days of payment or by the date the judge gives; a court trial requested by sending the bail amount with the signed bail notice and a not guilty plea, received five days before the appearance date, the trial date and time sent by mail - or a not guilty plea in court without depositing bail.
Section 1 (Rules 1.01 to 1.16): the Rules known and cited as the "Local Rules of Court" for the Colusa County Superior Court (1.01); the Rules take effect on July 1, 2015 (1.02); on their effective date the Rules supersede all local court rules previously adopted (1.03); the Rules construed and applied so as not to conflict with the California Rules of Court, and not to apply to Small Claims Division actions or proceedings unless the text of a specific rule otherwise indicates, the Executive Officer their official publisher, to maintain a set of the Rules on the Court’s website and in the clerk’s office (1.04); the definitions of the California Rules of Court, Rule 1.6, to apply to these Rules, "person" including corporations, firms, associations, and other entities, "affidavit" including declaration, "court" the Superior Court in and for the County of Colusa, including any judge, or temporary judge, and any judge duly assigned, and "judgment" any judgment, order or decree from which an appeal lies (1.05); the Rules amended or repealed, and new Rules added, by a majority vote of the judges of the court (1.06); an attorney who has made a general appearance to appear in the assigned department at or before the time set and not leave it until the matter has been called and all proceedings concluded, except to notify the court the attorney will be late due to an appearance in another department or with the approval of the court, counsel who cannot be present to notify the clerk of the bench officer prior to the time set, with the reason and an estimated time of arrival, conflicting court appearances good cause, a violation subject to sanctions pursuant to Rules 5.09 and 13.01 (1.07); an attorney who will not oppose a motion, or who decides to request that a calendared matter be dropped, to promptly notify opposing counsel and the clerk of the bench officer (1.08); the rules of Courtroom Decorum to apply in all Superior Court proceedings unless a judicial officer orders otherwise, each attorney who appears in court polite and considerate toward opposing counsel, opposing parties, witnesses, and the court’s staff (1.09); all persons to dress in a manner that is not offensive or distracting, no persons in court without a shirt, barefoot or with a bare midriff, no sunglasses, hats, shorts, tank tops, or clothing that displays inappropriate words or pictures, Bailiffs to remove any person who violates the rule (1.10); persons in the courtroom not to talk to clerks when court is in session, eat, drink, chew gum, or read newspapers, display approval or disapproval, or communicate with a prisoner (1.11); no communication with the Court touching upon the pending litigation except on the record with all counsel or parties appearing in propria persona present, and no communication with any juror or alternate juror, the Court to promptly disclose any violation to all parties (1.12); no one to traverse the area between the bench and counsel table except with the express approval of the Court (1.13); counsel and parties appearing in propria persona to remain at a lectern or behind the counsel table when examining a witness, without familiarity or first names (except children) (1.14); a party to request permission from the Court before approaching a witness (1.15); and counsel making an objection to state only the legal ground unless the Court permits further comment, to address the Court, and not to interrupt a question unless necessary (1.16).
Section 10 (Rules 10.01 and 10.02): counsel to identify at the time of setting any preliminary examination expected to take a half hour or more to present (10.01); and motions to continue the preliminary examination disfavored and denied without affirmative proof under Penal Code Section 1050, a stipulation or a substitution of counsel not by itself good cause (10.02).
Section 11 (Rules 11.01 to 11.05): special traffic infraction trial calendars for infraction matters not involving accidents in which the defendant is in pro per (11.01); infraction trials held Mondays at 3:30 p.m., or set on special calendars (11.02); all defendants requesting an infraction court trial to post bail under Vehicle Code Section 40519, a date for trial set only upon receipt of bail, the requirement waived only under unusual circumstances (11.03); no party represented by counsel on these calendars, the defendant present or the matter proceeding under Vehicle Code Section 40512.5, subpoenas requested at least five (5) days prior to the trial date, a party who desires to be represented by counsel to notify the court at least five (5) working days in advance (11.04); and a continuance only on a request at least five (5) working days in advance of the trial date (11.05).
Section 12 (Rules 12.01 and 12.02): the court to permit attendance at a DMV-approved traffic school as a means of obtaining a dismissal of a traffic charge, the rules of eligibility and procedures made available in the clerk's office (12.01); and trials by written declaration under Vehicle Code Section 40902 upon written request, bail posted in the full amount of the bail schedule (with the State Traffic School Fee for traffic school), a failure to timely post bail a withdrawal of the request, the declarations on Judicial Council forms, the time limits set by the clerk, and the court to admit all relevant evidence (12.02).
Section 13 (Rules 13.01 to 13.04): Rule 5.09 on sanctions made applicable to criminal actions (13.01); cameras, camera-phone or any audio or visual recording devices prohibited within any Colusa County courthouse without prior permission of the Court, the recording or broadcast of a court proceeding only with prior approval by written request from the Judge, media requests under California Rules of Court, Rule 1.150 (13.02); a request for modification of a term of probation in the form of a noticed motion, a hearing set before the bench officer who imposed the sentence, the time for filing and service as in California Rules of Court, Rule 4.111, at least two (2) days actual notice to the District Attorney (13.03); and claims of court-appointed counsel submitted no later than sixty (60) days following judgment and sentencing with an itemized statement, a written application for authorization before incurring expenses for ancillary services (13.04).
Section 14 (Rules 14.01 to 14.05): no matter under the Family Law Act heard until counsel, with their clients present or available, have met and conferred in good faith and exchanged documents, non-compliance able to result in the matter being dropped from the calendar or continued (14.01); court-designated mediators authorized to render a recommendation to the court as to custody or visitation (14.02); the Family Law Facilitator, under the supervision of the Presiding Judge, providing the services of Family Code Section 10004 and the duties of Section 10005 (14.03); a court-appointed investigator under Evidence Code Section 730 and Family Code Sections 1816, 3110 and 3111, no peremptory challenge (14.04(A), 14.04(B)); no ex parte contact with the investigator on the merits of the case (14.04(C)); the court generally to order the report filed within sixty (60) calendar days from the date of appointment and distributed ten (10) calendar days prior to hearing (14.04(E)); the report confidential (14.04(F)); grievances made in writing, signed, under penalty of perjury (14.04(G)); and the clerk's office to accept handwritten pleadings that are neat and legible in all family law matters from pro per litigants in blue or black ink (14.05).
Section 15 (Rules 15.01 to 15.13): the caption of a petition all-inclusive as to the order sought (15.01); pleadings signed by the attorney and each representative, trustee, guardian, or conservator and verified by a representative, trustee, guardian, or conservator personally and not by the attorney (15.02); a copy of the petition served with each notice of hearing on a person requesting special notice (15.03); probate orders worded so that their general effect may be determined without reference to the petition (15.04); orders and affidavits of publication filed or lodged at least three (3) court days before the hearing (15.05); verified petitions deemed submitted without an appearance, except petitions for confirmation of sale of real property or of personal property valued in excess of one hundred dollars ($100) and petitions for appointment of guardian or conservator, before denying a petition where there is no appearance, the court to continue the matter two (2) weeks (15.06); an order for family allowance limited to six (6) months if no inventory and appraisement has been filed and one year if one has (15.07); a petition for nonstatutory fees itemizing the services by date, time and service rendered, the sum requested for each item, and a reference in the caption and prayer (15.08); a petition for final distribution to contain the following matters, among them a full and complete description of all assets on hand, facts showing the entitlement of each heir, a computation of the attorney fees and representative commissions, a statement regarding payment of all taxes and a schedule of claims (15.09); all accounts to contain a summary or recapitulation showing the inventory and appraisement, receipts, gain on sales, disbursements, loss on sales and property on hand, with a suggested form of summary and its supporting schedules (15.10); a petition to establish the fact of death verified, with the instrument and the death certificate attached (15.11); conservators to file a General Plan within 90 days from their appointment (15.12); and a hearing date scheduled no later than one month after the anniversary of every order appointing a guardian, the clerk to mail Judicial Council Form GC-251 at least one month before the hearing date (15.13).
Section 16 (Rules 16.01 to 16.08): attorneys to adhere to the statutory time lines, time waivers and continuances only on a showing of exceptional circumstances (16.01); attorneys in juvenile dependency proceedings to comply with the standards of competence of California Rules of Court, Rule 5.660 (16.02(A)); eight (8) hours of training or education within the preceding three (3) years or 24 hours of experience within the preceding year (16.02(B)); an attorney appearing in a dependency matter for the first time to complete and submit a Certification of Attorney Competency (Appendix 'A') to the court within ten (10) days of the first appearance (16.02(C)); a renewal certification every third year with eight (8) hours of continuing training (16.02(E)); an attorney who fails to meet the minimum competency standards notified that he or she will be decertified, with 20 days from the mailing of the notice to submit evidence of compliance (16.02(F)); an out-of-county attorney's certification by the juvenile court of the county of the principal office sufficient (16.02(G)); an attorney appointed for any unrepresented child who is the subject of a petition under Welfare and Institutions Code §300, the attorney also to serve as the child's guardian ad litem unless the court determines a conflict exists (16.02(H)); the Public Defender appointed for parents and guardians who qualify, on oral request (16.03); the court to appoint the Public Defender to represent children, appointments made for all children at the time any juvenile matter is filed (16.04); in the event of a conflict, the court to appoint any of the other contract Public Defenders or the District Attorney or County Counsel (16.05); complaints or questions regarding representation initially referred to the agency or law firm appointed, then the party may submit the complaint to the court in writing (16.06); and the attorney for the child to have personal contact with the child, interview any child four (4) years or older and investigate the child's interests beyond the dependency proceeding, Judicial Council forms Juvenile Dependency Petition (JV-100) and Modification Petition Attachment (JV-180) utilized to inform the court (16.07).
Section 2 (Rules 2.01 to 2.14): the judicial business supervised by the Presiding Judge, with the management assistance of the Executive Officer, the administrative business conducted by the Executive Officer (2.01); the Presiding Judge and Assistant Presiding Judge to perform the duties of California Rules of Court, Rule 10.603 (2.02); the Presiding Judge and Assistant Presiding Judge selected under Rule 10.602 for a term of two years, the term to commence on January 1 (2.03); the Assistant Presiding Judge to perform the duties of the Presiding Judge when the Presiding Judge is absent or unable to act (2.04); the Executive Officer to serve as Clerk of the Superior Court, responsible for the operation of the Colusa County Superior Court and the duties of California Rules of Court, Rule 10.610 (2.05); official court reporters normally provided in Department 1 for juvenile proceedings (except detention hearings), petitions to declare a minor free from parental custody and control, petitions for termination of parental rights, contested mental health proceedings, contested LPS conservator proceedings and appellate hearings, and in Department 2 for criminal proceedings (all felony and misdemeanor matters except arraignments), not regularly provided for civil hearings, civil trials, or hearings on requests for orders or motions in family law matters (2.06(A)); parties to obtain a reporter for other proceedings by making their own arrangements with a reporting service (2.06(B)); parties in civil proceedings to provide their own interpreters, the court to provide interpreters in criminal and juvenile proceedings for the defendant or minor or the minor's parents and for witnesses, counsel to notify the courtroom clerk of the need for an interpreter for witnesses at the time a contested proceeding is set (2.07); one county-wide geographical selection area for juror summons lists (2.08); the court's policy to manage all cases from filing or first arraignment through final disposition within the time standards of the Standards of Judicial Administration, Section 2.2 (2.09(A)); the goals for general civil cases - unlimited civil cases 75 percent disposed of within 12 months, 85 percent within 18 months and 100 percent within 24 months after filing, limited civil cases 90, 98 and 100 percent within 12, 18 and 24 months (2.09(B)); small claims cases 90 percent within 75 days and 100 percent within 95 days after filing (2.09(C)); unlawful detainer cases 90 percent within 30 days and 100 percent within 45 days (2.09(D)); misdemeanor cases 90, 98 and 100 percent within 30, 90 and 120 days after the defendant's first arraignment (2.09(E)); felony preliminary examinations 90, 98 and 100 percent within 30, 45 and 90 days after the first arraignment (2.09(F)); felony cases disposition within one year of first arraignment, except capital cases (2.09(G)); smoking prohibited throughout the courthouse (2.10); all computers and electronic devices, including cell phones and pagers, turned off before entering the courtroom, a laptop computer or electronic device used only if expressly authorized by the sitting judge, violators subject to contempt of court and/or confiscation (2.11); no person to bring any firearm, explosive, or weapon into a Colusa County courthouse except in full compliance with all laws, or into a courtroom except Peace Officers under the California Penal Code and others approved by the Judge presiding (2.12(A), 2.12(B)); no person with a personal interest or stake in a matter to bring or possess any firearm, explosive, or weapon within that courtroom or within 50 yards of its main entrance (2.12(C)); all persons entering the courthouse or a courtroom subject to cursory search (pat down searches, electronic metal detection and visual inspection of carried items), and to detailed search at any time authorized by the judge (2.13(B), 2.13(C)); a person may decline a search on condition that they immediately leave the courthouse, one who refuses both subject to arrest (2.13(D)); and requests for accommodations by persons with disabilities on Judicial Council Form MC-410, sending it to the Court Executive Officer, 532 Oak Street, Colusa, or made by telephoning (530) 458-5149 (2.14).
Section 3 (Rules 3.01 to 3.11): the rules contained in the section to apply to all general civil cases as defined in California Rules of Court, Rule 1.6 (3.01); each case assigned to a judge for all purposes, the clerk to set a status conference not longer than 130 days or shorter than 120 days from the date the summons is issued and to affix to the pleadings the name of the judge and the date of the status conference (3.02); plaintiffs to serve all named defendants with the summons, the complaint, and the notice of status conference and file proof of service within 60 days after the complaint has been filed, the notice served on any intervenor or interpleader within 10 days, and all cross-complainants to serve the notice upon each cross-defendant (3.03); all parties to appear at the status conference, no pleading filed for it, the assigned judge to set the case for a case management conference or exempt the case from the disposition time standards (3.04); uninsured motorist cases granted a 180-day extension of the case management timelines on a declaration filed 15 calendar days before the status conference (3.05(A)); short cause cases - at issue, no general or exemplary damages, no more than two sides, no more than five hours of evidence - set for trial on the short cause calendar within six to nine months of filing (3.05(B)); early disposition cases designated by the assigned judge, objections by noticed motion within 30 days (3.05(C)); the clerk authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code Section 68633 (3.06(A)); in civil cases in which a prevailing party granted a waiver of fees is awarded costs, the court to order that the party bearing costs pay the fees that were waived (3.06(B)); ex parte applications heard upon the availability of the court with at least 24 hours’ notice to the opposing party or counsel, filed with the proper filing fee and a written supporting declaration stating whether the opposing party is represented, has been contacted and has agreed, and why the matter cannot be heard on regular notice, the adequacy determined on the papers submitted (3.07); demurrers, motions and other applications for orders (except ex parte applications), trial settings and pretrial conferences set in Department 1 on each Monday or Tuesday at 9:00 a.m. depending on case type (3.10(A)); the moving party to notify the court at least two (2) court days before the scheduled hearing date if a matter will not be heard, and a party who desires to submit a matter without appearing to give two (2) court days' notice (3.10(B)); a firm continuance policy, law and motion continuances by written stipulation filed with the Court or by oral argument with written notification and proof of service filed before the hearing, no continuances granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause (3.10(C)); telephonic appearances in non-evidentiary civil law and motion and probate matters, counsel to file and serve with CourtCall (not the court) a “Request for CourtCall Telephonic Appearance” at least five (5) court days before the appearance and to notify other counsel and parties appearing in propria persona, CourtCall to initiate all calls and directly invoice participants, the costs not recoverable under Code of Civil Procedure §1033.5 (3.10(E)); and the prevailing party on a motion to prepare and submit an order within five (5) days of the ruling for approval as to form, then present it to the court (3.11).
Section 4 (Rules 4.01 to 4.06): general civil cases filed on or after July 1, 1992 subject to a comprehensive case management/pretrial conference no later than 180 days after the complaint is filed (4.01); the case development benchmarks - service of the complaint and filing of proof of service within 60 days of filing, responsive pleadings within 30 days of service, no extensions of time on stipulations except to the limited extent permitted by Government Code Section 68616, longer extensions upon ex parte application, each case presumed to be on a 12 month plan (4.01); at the status conference the court to order plaintiff to serve a Notice of Case Management Conference, each party to file and serve a case management/pretrial statement no later than fifteen (15) days before the conference, which shall state that all parties have met and conferred, and the court to issue its order (4.01); motions to advance, reset or specially set cases for trial, and to continue trial dates, made on written notice to all parties who have appeared and filed with the proper filing fee, no continuance except upon an affirmative showing of good cause (4.02); whenever a case assigned a trial date settles, the attorneys or in pro per parties to immediately notify the court, by telephone to the clerk followed within five (5) days by a confirming letter (4.03); a party wishing a trial by jury to make a timely demand and deposit of jury fees in accordance with Code of Civil Procedure §631 and to deposit one day's jury fees and mileage from the second day of voir dire and on each succeeding day, the jury waived if no party deposits the fees (4.04); judgment rendered and entered against a party in default under Code of Civil Procedure Sections 585 or 586, the court to proceed with the case under Section 594 when a party who answered does not appear for trial, and plaintiff ordinarily required to dismiss as to a named party not served, without prejudice (4.05); and the side with the greater number of peremptory challenges to exercise every second challenge, exhibits handed to jurors only after leave is obtained, jury instructions delivered in writing to the trial judge before the first witness is sworn under Code of Civil Procedure Section 607a and to conform to California Rules of Court, Rule 2.1055, a special verdict or special findings under Rule 3.1580 (4.06).
Section 5 (Rules 5.01 to 5.13): attorney fees on promissory notes and contracts considered under a schedule - in a default action twenty-five percent (25%) of the first $2,000, twenty percent (20%) of the next $4,000, fifteen percent (15%) of the next $4,000, ten percent (10%) of the next $10,000, five percent (5%) of the next $30,000 and two percent (2%) of amounts in excess of $50,000, increased in a contested action, the clerk including them in a clerk's judgment (5.01); attorney fees in residential unlawful detainer actions not over three hundred dollars ($300) by default or four hundred dollars ($400) uncontested at trial (5.02); attorney fees on a compromise for minors or incompetent persons twenty-five percent (25%) without a court trial, thirty-three and one-third percent (33 1/3%) after court trial has commenced and forty percent (40%) after the appellant's opening brief (5.03); petitions to compromise on Judicial Council Form MC-350 with Form MC-351, Form MC-355 and Form MC-356 for a blocked account, Form MC-357 and Form MC-358 for a withdrawal of funds, the petitioner and the minor or incompetent person present at the hearing unless good cause is shown by letter request seeking to excuse that person's attendance, a waived filing fee paid out of the settlement proceeds (5.04); in drafting forms of judgment, counsel to clearly show the full names of the parties and their capacities as they appear in the pleadings, and to leave a blank space for costs (5.05); a Notice of Appeal from the Labor Commissioner under Labor Code §98.2 filed with the complaint and answer, the order, decision or award and a declaration of proof of service on the Labor Commissioner, an employer filing an appeal to post an appeal bond, the notice the first paper for the filing fee (5.07); at the settlement conference the parties prepared to make a bona fide settlement offer, with all principals or clients in attendance, a settlement conference statement filed five (5) days before the conference (5.08); a violation of these Rules a violation of a lawful court order under Code of Civil Procedure Section 177.5, any request for money sanctions made upon advance notice in writing (5.09); small claims calendars established on a regularly scheduled basis (5.11); default prove-up applications and evidence presented in written form, competent evidence presented as to damages (5.12); and facsimile filing in civil, probate, and family law proceedings under California Rules of Court, Rule 2.300 et seq. through a fax filing agency - no wills, codicils, bonds or undertakings, no document to be issued by the court, no direct transmission to a court fax machine, each document presented for filing at the filing window with the fees, the words “By fax” on the first page immediately below the title, a demand for the original physically signed document within fifteen (15) days after service (5.13).
Section 6 (Rules 6.01 to 6.04): criminal defendants in custody arraigned at 10:30 a.m., or as soon thereafter as the court may be available, on each court day, their complaints filed no later than 9:00 a.m. on the date of the first appearance, complaints charging out-of-custody defendants filed no later than three (3) court days before the first scheduled appearance (6.01); out of court requests for the increase or reductions of bail made to the judge who set such bail, a person requesting a bail reduction or increase to disclose all other applications, no defense application without prior notification to the District Attorney, the requesting party, for a defense request made after normal court hours, to arrange for the telephone availability of the District Attorney, seventy-five dollars ($75) or one hundred twenty-five dollars ($125) assessed as a condition to exoneration of bail (6.02(A)); the defendant calendaring a Source of Bail hearing under Penal Code Section 1275.1 to file a declaration or offer of proof and personally serve it on the District Attorney not later than twenty-four (24) hours before the hearing, and at the hearing to produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security (6.02(B)); and all requests for arrest and search warrants presented first to the District Attorney for review and approval, search warrant returns presented to the criminal court clerk (6.03).
Section 7 (Rules 7.01 to 7.06): counsel encouraged to meet and resolve matters before the pretrial conference, the prosecution to deliver a formal offer before the readiness conference (7.01); pretrial motions under California Rules of Court, Rule 4.111, moving papers not timely filed deemed waived, a failure to serve or file opposition deemed a waiver of any objections and an admission, authority other than California law attached and tabbed as exhibits, motions to continue disfavored and denied without affirmative proof under Penal Code Section 1050 (7.03); trial dates generally set approximately thirty (30) days from the pretrial conference or first appearance of counsel (7.04); and a trial readiness conference generally held within two (2) weeks prior to the jury trial date, the defense counsel trying the case present to insure the defendant(s) presence, and after confirmation of the jury trial the court not to accept any disposition other than dismissal of the complaint in its entirety by the People or a plea of guilty to the complaint in its entirety (7.05).
Section 8 (Rule 8.01): discovery governed by Penal Code Section 1054, an automatic, reciprocal, and continuing obligation, a discovery motion in writing subject to the time standards of California Rules of Court, Rule 4.111, misdemeanor discovery timely sought for the trial readiness conference, and on a failure to comply the court may grant a continuance, exclude the evidence not disclosed or dismiss the case if required by the United States Constitution (8.01).
Section 9 (Rules 9.01 to 9.03): motions that are out of the ordinary or unusual (complex or extensive motions in limine) made in writing, served upon opposing counsel, and filed at or before the trial readiness calendar (9.02); and all jury instructions delivered in writing to the trial judge not later than 12:00 P.M. on the first day of trial and served on all other parties by that time, the court not to maintain a stock of form instructions (9.03).
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.