Loading…
Universal Search
Filter by county, category, case type, and confidence. Every result carries its source citation and last-verified date.
Your first 7 Judge Intelligence Reports are free with a free account — no payment card required.
Create your free account →Need the statute or rule itself? Open the Florida Law Library →
● marks a launch county — the deepest coverage tier, where judge, division, and rule ingestion land first.
47 rules
What acting In Pro Per means and the advice to consult a lawyer before taking legal action (the Lawyer Referral Service at 415-538-2250); typical family law matters; and what a party who represents himself or herself in Del Norte County should know - responsibility for completing all necessary forms, filing them and presenting the case; that local rules permit legal forms to be neatly handwritten in blue or black ink; that all persons in pro per must have his or her papers reviewed by the Family Law Facilitator before filing or presenting papers to the Judge; the same legal procedures, evidence rules and standards of practice as attorneys; service of all documents on the other party by someone over the age of 18 and not a party to the case; and presenting the paperwork to the Family Law Facilitator in person, with copies of prior court orders.
Community work service (CWS) ordered by the court for infractions: CWS for a non-profit community-oriented service agency that the defendant locates and arranges with, CWS completed online not permitted; proof of completion on agency letterhead with the agency's tax identification number, the department head's signature, the defendant's name, case number and hours completed, and a person at the agency who can verify the work; and the Defendant's Declaration and Proof of Completion of Court Order Community Work Service (Form #DEL-005), with the agency letter, received by the court on or before the date ordered (by mail unless instructed otherwise).
The policy effective December 16, 2025 - official court reporters provided, as available, in felony criminal cases, criminal trials, juvenile, family law and Lanterman-Petris-Short (LPS) conservatorships, and, unless otherwise required by law, not available for infractions, misdemeanors, limited and unlimited civil, and probate; electronic recording for traffic court trials, misdemeanor matters and other proceedings on good cause; transcripts ordered by email with the name of the case, the case number, the date or dates of the proceeding and the name of the court reporter, on the court's request form (the raw electronic recording not available to the public); and visiting court reporters in civil and probate proceedings - secured by the attorneys and litigants, the Stipulation and Appointment of Official Reporter Pro Tempore filed in the courtroom within five days of the proceeding; with links to the court reporter shortage report and the standing order on electronic recording (decided in build/del_norte_catalog.py).
The Family Law Facilitator (walk-in hours Tuesday through Friday 8:00am to 5:00pm, except the noon hour) - a neutral family law attorney who helps parties without attorneys with family support matters, gives no legal representation, advice or strategy, creates no attorney-client relationship and no confidentiality, helps identify and complete the paperwork with instructions for filing and service, gives unrepresented family law litigants priority, and charges nothing (its office in the Traffic Court building at Fifth and G Street); and mediation (by phone only) - free and court ordered by law when parents or other parties disagree about custody and visitation; a separate session at a different time for the person who filed restraining orders, who may bring a support person; the issues discussed; an agreement typed by Family Court Services, signed by both parties and their attorneys and sent to the judge, a binding court order once signed; no agreement - the parties ordered to appear before the judge; a non-recommending court, whose mediator may recommend an evaluation, an attorney for the children or restraining orders, services the parties may be ordered to pay for; the court-appointed evaluator and the attorney appointed for the children; and the mediator's duty to report suspected child abuse.
Forms purchased in the civil division clerk's office or obtained from the Judicial Council website (the clerks cannot give legal advice); the fee schedule and fee waivers; transfer-in hearings - dependency transfer-ins heard on Fridays at 1pm and delinquency transfer-ins on Wednesdays at 3:30pm (information at (707) 464-8115); and the courthouse office hours, Monday - Friday 8 a.m. to 5:00 p.m.
Written withdrawals or revocations of general time waivers in criminal cases may be filed only with the clerk of the court in the courtroom where the matter is scheduled to be heard or with the judicial assistant of the judge presiding in that department (if the judge or department is unknown or absent, with the clerk assigned as judicial assistant to the presiding judge), so that a time waiver is not withdrawn without actual notice to the judge responsible for scheduling trials (Arias v. Superior Court (2008) 167 Cal.App.4th Supp. 1, 4); defendants may still revoke time waivers orally in open court.
Inmates must pay the full filing fee (Government Code section 68635), and the court must file an inmate's complaint or petition before collecting it; until further order, the clerk shall dismiss an action on the request of a plaintiff inmate who is notified that the filing fee will not be waived, if (1) the request is received within 60 days of the mailing of that notice, (2) no proof of service has been filed or general appearance made by any defendant, and (3) similar relief has not been provided to the inmate in any proceeding (Code of Civil Procedure section 473); on dismissal the California Department of Corrections and Rehabilitation is notified to make no further collection, and any part of the fee already collected in excess of $50.00 is refunded.
Hazardous, heavy or bulky exhibits received only under this order: evidence limited to the items required and retained for the minimum time required by law; the permission of the judge assigned to the hearing or trial before such an exhibit is brought into the courthouse, and a photograph, technical report or dummy object substituted where possible for inherently dangerous items (firearms and ammunition, explosives, flammable or corrosive liquids, liquid drugs, samples requiring refrigeration, controlled, toxic and radioactive substances) and for heavy (over three (3) pounds) or bulky (over one (1) cubic foot) items; a written application to bring an exhibit in without substitution, with a written statement of the seven matters listed for toxic or hazardous materials; the conditions when permission is granted (sealed and labeled, kept and stored by the party under Penal Code §1417.3, with a photographic record); the return of exhibits under Penal Code §§ 1417.2, 1417.3 and 1417.5 and, in civil cases, Code of Civil Procedure §§ 1952(a) and 1952.2, with a photographic record substituted; and the duties of the party or agency to whom an exhibit is returned.
Clerk counters open from 8:00 a.m. to 4:30 p.m. effective July 6, 2021; Courthouse Mailbox #31 in the main lobby open from 4:30 p.m. to 5:00 p.m. for filings after the counter closes, documents placed in it filed on the date placed; the exterior court mailbox on the H Street side available 8:00 a.m. to 4:00 p.m.; the filing deadlines - documents in cases with a calendar date by 10:30a.m. the court day before (later ones filed in open court), requests to add to calendars by 10:30a.m. the prior day, criminal complaints, requests to add, signed agreements to appear on active warrants and bail review reports for the 1:10p.m. in-custody arraignment calendar by 10:30a.m. the day of, and criminal complaints with signed agreements to appear for Tuesdays at 1:30p.m. and Fridays at 10:30am by 3:30p.m. the day before; new juvenile petitions and detention hearing add-ons by calling the judge's judicial assistant; and exceptions on a proper and valid reason.
The policy of fee reduction to the lowest whole dollar when accepting cash payments: AB77, effective January 1, 2022, eliminated the Installment Charge Fee and required courts to cease collecting its outstanding balances, leaving some fine balances not in whole dollars; the Court will not collect the cents owing on a fine when accepting a cash payment (G.C. 68083.5) - a balance of $35.16 is rounded to $35.00; cash payments only.
A purported "notice of unavailability" under Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299 is not a fileable document under the California Rules of Court and is an impermissible infringement of a trial court's inherent power to control its calendar (Carl v. Superior Court (2007) 157 Cal.App.4th 73, 76-77); any such notice presented to the Clerk's Office for filing will be returned by the clerk to the presenting party.
Effective immediately, Standing Order 19-002 is rescinded, and the Court will apply Penal Code § 1209.5(c)(1) to all requests for Community Work Service.
The assignment of cases to the departments, effective immediately: cases assigned for all purposes to the department and its judge; family law matters, domestic violence restraining orders and limited civil cases, including landlord-tenant, probate and small claims cases, to Department 2; civil harassment matters and the other unlimited civil cases to Department 1; child support matters under AB 1058 to the Child Support Commissioner in Department 3; juvenile delinquency matters to Department 1; misdemeanor matters to Department 2; felony matters to Department 2 until bind-over and then to Department 1; juvenile dependency cases to Department 2, a family's cases together; infraction matters to the "Judge Pro Tern" (as printed) in Department 3; Judge D. Darren McElfresh in Department 1, presiding judge and presiding judge of the juvenile court, and Judge Karen D. Olson in Department 2, assistant presiding judge and assistant presiding judge of the juvenile court; and disqualification and unavailability, with referral to the Judicial Council for assignment.
An order issued under the California Rules of Court governing court administration and technology, including rule 10.430, on generative artificial intelligence (AI) in the Superior Court of California, County of Del Norte: it adopts the Judicial Council of California's AI Model Policy; allows court personnel limited administrative and support uses, advisory and non-determinative; prohibits generative AI in judicial decision-making, the input of confidential, sealed or non-public information into a system not approved and secured, and public-facing communications that could be taken for legal advice; delegates oversight to the Court Executive Officer (rules 10.430 and 10.610); requires an affirmative disclosure when generative AI materially assisted in drafting a court document, memorandum, report or proposed order intended for filing, circulation to parties or the court record (not for de minimis or purely mechanical uses, nor for a judicial officer's own drafting tools in chambers); keeps the person signing, issuing or approving a document fully accountable; and, for attorneys and self-represented litigants (Section XI), states that SB 574 will change BP 6068 and other statutes to include requirements of court users and practitioners to report the use of AI and of parties to ensure the accuracy of citations, and that the Court shall require adherence to all mandated reporting requirements per SB574.
Findings and an order of the Presiding Judge on electronic recording when no certified shorthand reporter (CSR) is available: the statewide and national shortage of court reporters (the California Trial Court Consortium report dated January 25, 2022 and the Judicial Council's fact sheet of January 2024, adopted by reference); the Court's own shortage - one (1) full-time CSR employed, reporters provided only in statutorily mandated cases (death penalty proceedings, juvenile proceedings, felonies and proceedings regarding withdrawal of consent to adopt) and no longer in limited civil and family matters; the legal findings - the requirement of a CSR in juvenile justice matters excused for impossibility or impracticability, statutory provisions mandating a CSR (including Welfare and Institutions Code section 677) invalid as applied, and an adequate record preserved by electronic recording; and the orders - the services of an in-person CSR not available, electronic reporting authorized and providing an adequate record for meaningful appellate review, further delay not appropriate, and a certified court transcription of the reported or recorded proceedings the official record of the Superior Court of California, County of Del Norte (Cal. Rule of Ct. 2.952(j)(1)-(3)).
Jury pool lists for any jury trial date available without cost to attorneys and unrepresented litigants on request immediately after generation, usually two to three weeks before trial, from the court's jury services clerk; and a weekly jury list subscription for attorneys, requested in writing annually, at a fee of $150 yearly.
The counter hours (8:00am to 4:30pm M-F excluding holidays), the Court Clerk's Office hours and the phone hours; courtesy notices mailed to the address on the citation (processing may take up to two (2) weeks prior to the due date) and the duty to appear or settle the case by mail without one; correctable violations - proof of correction and the $25 dismissal fee, or proof of correction and bail, by the due date; mandatory appearances - calling the Court to schedule an appearance date, checking in at the Traffic division clerk's office at least 30 minutes before the session, no extensions, and the Failure to Appear charge; the options for non-correctable violations; the Traffic School Dismissal Program - its eligibility conditions, the non-refundable traffic school fee of $52 plus bail by the due date and 60 days to complete the school and return the certificate of completion; requesting trials - notice to the clerk no later than the appearance date and time, arraignment, arraignment and trial on the same date (Vehicle Code § 40519) and trial by declaration (TR205, TR200 and TR220); financial hardship - the MyCitations online tool or form TR-320/CR320, an additional fee of up to $100 if one does not act by the date on the citation and reminder notice, payment plans of no more than $25 per month, and misdemeanor and felony fines not eligible; and community work service for infractions (the information sheet and defendant declaration, decided in build/del_norte_catalog.py).
Chapter 1 (Rules 1.1 to 1.7): the rules apply to all matters filed in the Superior Court of California, County of Del Norte, and repeal all rules previously adopted (1.1); construction - liberally construed, supplementing the statutes, the California Rules of Court (CRC) and Judicial Council policies (1.2); standing orders governing administration, required practice and procedure (Government Code § 68070 (a); Code of Civil Procedure §187) (1.3); sanctions under rule 2.30 of the CRC or sections 177.5 and 575.2 (1.4); abbreviations and definitions (1.5); the rules available at the Clerk's Office and on the Court's website (1.6); and amendment by a majority of the judges (1.7).
Chapter 10 (Rules 10.1 to 10.7): requests for contested hearings in juvenile dependency proceedings, made orally during the weekly juvenile dependency calendar (10.1); confirmation hearings and meeting and conferring, witness names and addresses exchanged not later than two (2) court days before the hearing and expert reports disclosed at least two (2) court days before (10.2); the written Waiver of Rights - Juvenile Dependency (form JV-190) at a parent's plea (10.3); attorneys in juvenile dependency proceedings - the competence standards of rule 5.660 of the CRC, at least eight (8) hours of training within three (3) years or twenty-four (24) hours of experience within the preceding year, the Certificate of Attorney Competency (local form DN-102) within ten (10) days of a first appearance, renewal on or before January 31 of every third year with eight (8) hours of continuing training, decertification on twenty (20) days' notice, out-of-county attorneys, and attorneys and CAPTA guardians ad litem for children (Welfare and Institutions Code sections 300 and 317(e)) (10.4); informing the Court of a dependent child's interests in another forum, by form JV-180 or declaration (10.5); complaints against attorneys by clients age twelve (12) years or older (10.6); and the Court Appointed Special Advocate Program under rule 5.655 of the CRC - the program's procedures, the advocates' functions, oath, duties, authority, access to records, reporting, communication, notice, visitation, family law appointments under Welfare and Institutions Code section 362.4, the right to appear, and reports served at least two (2) court days before the hearing (10.7).
Chapter 11 (Rules 11.1 to 11.8): the family law and motion calendar for non-Title IV-D actions; meeting and conferring in good faith before a family law matter is heard, documents exchanged and compliance represented to the Court; notice of matters going off calendar; proposed findings and statements of decision submitted in writing and by electronic mail in Microsoft Word format; and every blank on Judicial Council forms answered or marked n/a (11.1); financial issues - a current Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) executed within sixty (60) calendar days of the hearing (rule 5.118 of the CRC), documents exchanged five (5) court days before the hearing (wage verification for three (3) months and tax returns, and for the self-employed the 1099 forms, a profit and loss statement and a balance sheet), disclosure of public assistance, certified computer support calculations, and default child support through the Del Norte County Department of Child Support Services (11.2); the Children of Divided Families Workshop - required of all parties where custody or visitation of minor children is disputed, before mediation or other Family Court Services, the instructions served with the pleadings and proof of service filed, the fee, failure to attend, a separate session where there is domestic violence or child abuse, attendance out of county, the certificate of attendance, and the program in English only (11.3); Family Court Services mediation - non-recommending mediators, and challenges to a mediator made to the Court Executive Officer (11.4); court investigators and evaluators - appointment, no peremptory challenges, withdrawal, no ex parte contact, interviews of children, the report under Family Code section 3111, grievances by noticed motion or objection, fees and costs, cross-examination and the list of qualified evaluators (11.5); the Child Support Commissioner (Family Code section 4251) (11.6); the services of the Family Law Facilitator (11.7); and the court communication protocol for domestic violence and child custody orders - disclosure of existing orders, safe exchanges, orders that do not conflict with criminal protective orders, and their modification by the Criminal Court (11.8).
Chapter 12 (Rules 12.1 to 12.6): time to file the affidavit of publication before the hearing (12.1); matters submitted without appearance - notice at least three (3) court days before the hearing, and papers and proposed orders filed or lodged at least five (5) court days before (12.2); a proposed form of order lodged with every verified petition (12.3); court investigators in probate - local form DN-100 required in probate guardianship cases, no peremptory challenges, withdrawal, interviews of children, the confidential report, grievances by noticed motion or objection, fees and costs paid to the Clerk's Office, and cross-examination (12.4); the statutory bond of a nonresident personal representative who requests independent powers (12.5); and the list of attorneys qualified for court appointment under Probate Code section 1456 and rule 7.1101 of the CRC - form GC-010, and reports before the end of March of each year (12.6).
Chapter 13 (Rules 13.1 to 13.3): the proceedings a court reporter reports unless otherwise ordered or waived (except in capital cases) - felony criminal proceedings (except bail reviews, arraignments and readiness conferences before the preliminary hearing), suppression motions, probation violations, capital cases, law and motion matters, jury trials, domestic violence restraining order requests and contempt proceedings (13.1); in civil proceedings each party informs the Court whether it requests an official court reporter, and a party requesting one where neither the rule nor a statute requires it provides and pays for a certified court reporter approved by the Court (Government Code section 68086, rule 2.956 of the CRC) (13.2); and civil proceedings of less than one (1) hour reported without cost on request, except small claims and unlawful detainer actions, with fees for longer proceedings due at the end of each day's session (13.3).
Chapter 14 (Rules 14.1 to 14.4): the list of Certified Court Interpreters approved by the Court (14.1); the interpreters the Court provides - for criminal and delinquency defendants with limited English (California Constitution, Article I, Section 14), for deaf or hearing impaired parties and witnesses in civil proceedings (Evidence Code § 754), for witnesses (§ 752) and writings (§753), and in small claims, domestic violence and family law cases where domestic violence is an issue (§ 755(b)) - and a fee in other civil cases (14.2); civil requests in writing at least fifteen (15) court days before the trial or hearing, with any fee (14.3); and notice that an interpreter is needed in criminal and juvenile proceedings - before in-custody arraignment or at arraignment or first appearance, by jail staff, the defendant or counsel, the probation officer or the social worker (14.4).
Chapter 15 (Rule 15.1): the Court generally does not refer cases to judicial arbitration, having found that judicial arbitration has not reduced the time and expense of resolving litigation in Del Norte County (15.1).
Chapter 16 (Rules 16.1 to 16.4): rule 1.150 of the CRC governs (16.1); no photographing, recording or broadcasting of courtroom proceedings except as ordered, and no photographing or recording of jurors anywhere in the courthouse (16.2); requests for media coverage on form MC-500 filed not less than five (5) days in advance with form MC-510, and any opposition within one (1) day of notice (16.3); and violations as unlawful interference with the proceedings (16.4).
Chapter 17 (Rules 17.1 to 17.5): what meeting and conferring requires - good faith and diligent efforts, not demand letters, perfunctory e-mails, unreasonably short deadlines or a single unreturned telephone call (17.1); avoiding conflicting court appearances - checking in with the clerk when the delay will not exceed fifteen (15) minutes, otherwise a consultation with the judge, generally at least one (1) court day before the hearing (17.2); inherently dangerous exhibits examined, secured and approved by the Court bailiff before they are brought into the courtroom, firearms secured by a nylon tie or trigger guard and examined to be inoperable, and evidence retained for the minimum time required by law (17.3); electronic recordings offered in evidence under rule 2.1040 of the CRC, with a typewritten transcript tendered to the Court and any opposing party (17.4); and text messages and e-mails offered as printouts, the relevant portions highlighted in yellow (17.5).
Chapter 2 (Rules 2.1 to 2.4 and 2.6 to 2.10, as numbered): the calendar policy determined by the Presiding Judge, cases assigned by department and judges assigned to departments by standing orders, and a daily calendar posted for each department (2.1); the Clerk's Office hours, 8:00 a.m. – 5:00 p.m. on court days (2.2); facsimile filing in civil, probate and family law matters under rule 2.300 of the CRC - the charge, the Facsimile Transmission Cover Sheet, the check arriving within five (5) court days, the number (707) 465-4005, and no more than thirty-five (35) pages (2.3); the Presiding Judge, elected by the judges, an Assistant Presiding Judge (each for one (1) year) and the Presiding Judge of the Juvenile Court (2.4); the Court Executive Officer, appointed under Government Code sections 71620 and 77001, as the Clerk of the Court (2.6); courtroom decorum - attire, electronic devices turned off before entering a courtroom, and each judge's decorum rules by standing order (2.7); court files not removed without order of the Court (2.8); "Day" meaning "Court day" (Code of Civil Procedure sections 133-136) (2.9); and a judge's vacation day (rule 10.603(c)(2)(H) of the CRC) (2.10).
Chapter 3 (Rules 3.1 to 3.6): the Expedited Civil Track rules implementing the Trial Court Delay Reduction Act (Government Code § 68600 et seq.) for general civil cases filed after the rule's effective date - earlier ones under local rule 4.1 – 4.3 - with no removal from the track by a challenge under Code of Civil Procedure section 170.6 (3.1); the general civil cases and the cases excluded (3.2); time standards - 90% within 12 months, 98% within 18 months and 100% within 24 months; summons and complaint served no later than ninety (90) calendar days after filing, responsive pleadings within thirty (30) calendar days of service (an extension not exceeding fifteen (15) calendar days), cross-complaints and responses, and the CMC set approximately one hundred and eighty (180) calendar days after the initial pleading (3.3); case management - the notice of inclusion served with the complaint, the case management statement filed and served no later than fifteen (15) calendar days before the CMC and its contents, meeting and conferring in person or by telephone, the CMC attended in person or by telephone (not by telephone for attorneys who have offices in Del Norte County unless ordered), continuances by stipulation no later than the court day before (rescheduled within thirty (30) calendar days) or by noticed motion, and the orders the court may make (3.4); motions for relief from time limits, signed by the attorney and the moving party, granted only on good cause (3.5); and motions on the law and motion calendar - the CMC calendar is not one (3.6).
Chapter 4 (Rules 4.1 to 4.3): the civil cases outside the general civil case definition of local rule 3.2, managed under rule 3.720 - 3.771 of the CRC and brought into the ECT on noticed motion, stipulation or the court's own motion (4.1); the at-issue memorandum - filed and served within one hundred and eighty (180) calendar days from the filing of the complaint, available trial dates designated between sixty (60) and one hundred twenty (120) days for trials of one day or less and between ninety (90) and two hundred ten (210) days for longer ones, and a CMC on the court's own motion if none is filed (4.2); and a CMC on request under local rule 3.4 (b)-(d) (4.3).
Chapter 5 (Rules 5.1 to 5.5): settlement conferences under rule 3.1380 of the CRC, mandatory or voluntary, and how they are set (5.1); the settlement conference statement, in pleading form, filed and served at least five (5) court days before the conference, and its contents (5.2); the duty to inform the Court immediately of a settlement by a written notice of settlement, on pain of sanctions (5.3); keeping the Court advised during the week before trial, and jury fees forfeited when the Court is not timely notified (5.4); and all parties, the attorneys who will try the case and a representative of each insurance company with actual authority to settle personally present unless excused (5.5).
Chapter 6 (Rules 6.1 to 6.3): the Court Executive Officer as Jury Commissioner, who directs that a trial jury venire be drawn and summoned (6.1); the Deputy Jury Commissioner (6.2); and requests for excuse from jury service presented in writing to the Jury Commissioner (6.3).
Chapter 7 (Rules 7.1 to 7.3): jury trials - jury fees for the first day due no later than twenty-five (25) calendar days before trial (five (5) calendar days in unlawful detainer actions), no jury drawn without them, the schedule of jury fees, waiver and refunds (Code of Civil Procedure section 631), requested jury instructions under rule 2.1055 of the CRC on CACI forms, delivered no later than the first morning of trial, instructions for the jury room unmarked by party, written motions in-limine filed no later than the readiness conference, and the demand for jury trial (7.1); ex parte applications under rule 3.1200 – 3.1207 of the CRC - notice to all parties no later than 10:00 a.m. the court day before (shorter reasonable notice in unlawful detainer proceedings), the contents of the notice, the declaration regarding notice, no application rejected for filing, and applications without a personal appearance in the Court's discretion (7.2); and the schedule of attorney fees in default actions on notes and contracts - 25% of the first $2,000 (a minimum fee of $175), 20% of the next $4,000, 15% of the next $4,000, 10% of the next $10,000, 5% of the next $30,000 and 2% of the next $50,000 (7.3).
Chapter 8 (Rules 8.1 to 8.6): the civil law and motion department designated by standing order, which also hears petitions for change of name, emancipation of minors, harassment petitions and applications for a guardian ad litem; a moving party's failure to appear; notice when a matter is dropped; one continuance by stipulation if the Court is informed at least five (5) days before the hearing; civil law and motion matters heard at 9:00 a.m. on Fridays and unlawful detainer actions at 3:30 p.m. on Mondays unless changed by standing order or order of the Court; and a separate family law and motion calendar (8.1); telephonic appearances under rule 3.670 (c) of the CRC through CourtCall, arranged not less than three (3) court days before the hearing at (888) 882-6878, and not generally allowed for contested summary judgment motions or settlement conferences unless approved in advance (8.2); judicial notice under Evidence Code sections 452 or 453 - copies to the Court and each party, and court files brought to the courtroom on arrangements at least three (3) days in advance (8.3); matters submitted without appearance, on notice at least three (3) days before the hearing, with proposed orders at least five (5) days before (8.4); late-filed papers and courtesy copies (8.5); and writs of review, mandate and prohibition - service under Code of Civil Procedure sections 1107 and 1088.5, motions and orders to show cause, alternative writs served at least five (5) days before the ex-parte hearing, pleadings, evidence confined to the administrative record in administrative mandate proceedings (section 1094.5), meeting and conferring before the first hearing, the scope of review and summary denial (8.6).
Chapter 9 (Rules 9.1 to 9.11): all criminal proceedings (9.1); accusatory pleadings - a separate file and a duplicate original for each co-defendant, complaints presented for filing not later than 10:30 a.m. on the day of the first appearance for a defendant in custody or 3:30 p.m. of the second Court day before it for a defendant not in custody, and informations and indictments by 3:30 p.m. the day before arraignment (9.2); discovery at the first arraignment, or within one (1) court day (9.3); pretrial motions under rule 4.111 of the CRC (ten (10), five (5) and two (2) court days), motions to suppress under Penal Code section 1538.5, felony in-limine motions by the day before the last pretrial conference, and motions to suppress or dismiss heard not later than five (5) days before trial (9.4); the felony readiness conference, usually one day before the preliminary hearing (9.5); trial setting (9.6); proposed voir dire questions (9.7); the pretrial conference - meeting and conferring, the trial attorneys' attendance, a written statement of the case, no pleas on the morning of a jury trial except to all charges, and in misdemeanor cases a witness list, a statement of the case and marked exhibits by 3:00 p.m. the day before trial (9.8); CALCRIM jury instructions and their submission (9.9); court conduct (9.10); and sentencing - letters and submissions served and lodged by 2:30 p.m. the day before the hearing, and remand to custody (9.11).
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.