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37 rules
The week of calendars of each courtroom, effective February 1, 2026: Courtroom 0's master calendar (criminal) - trials at 8:30, prelim calendars and hearings at 10:15 Tuesday to Friday, hearings at 1:30 Tuesday to Thursday, the MH Diversion review calendars and hearings on Monday afternoon, and on Friday afternoon Drug Court, then Prop. 36 Reviews; felony sentencings at 8:31 Monday to Thursday and special sets at 8:31 on Friday in Courtrooms 1, 2, 3 and 5; Courtroom 4 (civil/probate) - CMC/Dismiss/Name Change at 8:30, MSJ/FL Special Sets at 9:15 and Law & Motion at 10:30 on Monday and on Friday, readiness conferences at 11:30 on Friday, trials, hearings and special sets at 8:30 on Tuesday and on Wednesday, ex parte at 1:15 each weekday, trials and hearings at 1:30 except on Thursday, and Thursday's guardianships, conservatorships, probate calendar and hearings, CARE Court and LPS calendar and trials; Courtroom 6 (family) - the FL calendars at 8:30, pro per on Monday and on Wednesday and attorney on Tuesday and on Thursday, FL hearings at 10:00, adoptions at 11:30 on Tuesday and on Thursday, hearings at 1:30, and on Friday special sets, the FL CMC calendar, the dismissal calendar at 9:00 and FL hearing overflow; Courtroom 7 (juvenile) - the JV 300 calendars at 8:30 Monday to Thursday, Family Wellness at 11:00 on Tuesday and on Thursday, the JV 602 calendars and detention hearings at 1:30 Monday to Thursday, School Attendance Court at 3:30 on Monday, and on Friday special sets and detention hearings at 8:30 and trials de novo in traffic and small claims at 9:30; Courtroom 8 (traffic, family support and civil) - Riese/Writ hearings at 8:30, the FS calendar and hearings on Tuesday and on Thursday, small claims and civil harassments on Wednesday and on Friday, ex parte UD only at 1:15, traffic at 1:30 on Monday and UD hearings at 1:30 Tuesday to Friday; the felony calendar at 8:30, the misdemeanor arraignments at 8:30 and the misdemeanor calendar at 9:15 (DV reviews at 9:00 on Friday), and the arraignment calendar - IC arraignments at 1:29, out of custody felony arraignments at 1:30 and OR bail at 2:00; and the notes - no settings without judicial approval where marked, felony calendars and all law and motion set Tuesday-Friday (a Monday setting requiring judicial approval), sentencings scheduled by the judicial officer who accepted the plea, felony matters at 8:30 am and misdemeanors at 9:15 am, criminal judicial intervention two days from the request at 4:00 pm (Local Rule 3.8), civil settlement conferences on Tuesdays at 3:00 pm (Local Rule 2.5), civil and family ex parte hearings at 1:15 pm, appellate calendars every other month on the first Friday, drug court and DV calendars bi-weekly, and mental health diversion calendars on Monday afternoons.
The online orientation program Local Rule 8.10(a) requires before a CCRC appointment: the parties required to review the orientation video (in English and in Spanish), and to complete the Certificate of Completion and bring it to the meeting with the child custody recommending counselor; Family Court Mediation, 825 Fifth Street, Room #231.
The civil ex parte hearing schedule under Local Rule 2.9, effective May 28, 2024: ex parte matters heard at 1:15 p.m. Monday through Friday in the Civil Department unless otherwise ordered, or at 1:15 p.m. in Family Court if the civil judge is disqualified; every civil ex parte application to state the nature of the emergency and why the relief cannot be sought on regular notice.
Hearing times cannot be reserved, and motions are submitted with requested dates and times - civil law and motion matters scheduled in Court 4 at 10:30 on a Monday or Friday and motions for summary judgment at 9:15 in Court 4 on a Monday or Friday, unless otherwise directed by the Court.
The court reporters at the main Courthouse, 825 Fifth Street, on the Second Floor; a transcript of a reported matter requested of the court reporter who was present (named in the Court minutes of the proceedings) - in writing addressed to the reporter at 825 Fifth Street, Room 231, Eureka, or through the automated voice messaging system at 707-445-7256 (press 6) with the case number, the reporter's name and the date - the reporter returning an estimate of the cost and the date the transcript could be ready; Courtroom Services at (707) 269-1240 for help reaching a reporter or a complaint.
Exhibits in small claims, civil, family law, juvenile, probate and criminal cases claimed by the party or attorney who submitted them once the case is concluded and the appeal period has expired - small claims and unlawful detainer exhibits from the Civil Division, 421 I Street, (707) 445-7256, 9:00 a.m. to 2:00 p.m. Monday through Friday, other case types by arrangement with the Manager of the Courtroom Clerk's Division at (707) 269-1240; exhibits in civil actions destroyed sixty days after the final determination of the case, the appeal period included (California Code of Civil Procedures section 1952), after written notice; photographs substituted for exhibits that pose security or safety problems (PC1417.3); information about pre-marking exhibits before trial or hearing from the Manager of the Courtroom Clerk's Division.
A court policy adopted by Court Administration: misdemeanor and felony petitions for dismissal under PC §1203.4 scheduled at least 30 days from the date of filing, on the misdemeanor or the felony calendar; the Probation Department notified by electronic referral upon filing to prepare a supplemental report for the hearing; continuance requests in writing under the local rules; service on the District Attorney's Office upon filing, and on the prosecuting attorney at least 15 days before the noticed hearing (PC §1203.4(d)(1)); Judicial Council forms CR-180 and CR-181.
Completing and saving the forms (the guided form completion tools, forms completed by hand and scanned, or another document preparation service; the Self-Help Center Monday, Tuesday, Wednesday and Friday from 9 to 11 a.m. in Room 310, and packets from Court Operations, 421 I Street, Monday through Friday 9 a.m. to 2 p.m.; no cost and no fee waiver); submitting through the Case Access Portal (an account, Domestic Violence or Gun Violence, the DV/GV-100, DV/GV-109, DV/GV-110 and CLETS-001 each uploaded as a separate PDF, photographs or other supporting documents attached to the DV/GV-100); processing (most requests within one business day, an email from CourtCMS with the filed request, any Temporary Restraining Order granted and the Notice of Hearing, or pickup at Court Operations; requests outside normal business hours processed on the next court business day); personal service on the restrained person (by the Sheriff's Office without fee, an adult who is not a party, or a registered process server) of the DV/GV-100, DV/GV-109, DV/GV-110 if granted, the attachments and a blank DV/GV-120; and a Proof of Service filed before the hearing.
How to enter the Zoom waiting room of the confidential dependency calendar, where each participant is admitted only when the specific case is called: the Zoom name updated to show the participant's name, relationship to the child, and the case number or the child's last name, the participant leaving the waiting room to update the name on the initial Zoom login screen if necessary; a participant who cannot update the name, or who appears telephonically, contacting the attorney immediately with the phone number on which they are appearing, or, at a first appearance without the attorney's contact information, the social worker or probation; failure to follow the instructions or to log in promptly could result in not being admitted to the day's court proceedings.
Juvenile cases confidential - no information given on the phone, parties presenting identification establishing themselves to be parties to the case; the two kinds of juvenile cases the Court hears (juvenile dependency and juvenile justice); transfer-in hearings of juvenile matters held Monday-Friday at 8:30 am (dependency matters) and 1:30 pm (juvenile justice matters).
Local Rule 1.13 leaves further information for parties desiring to appear remotely to the Court's website: the online calendars - the current business day until 3:45 p.m. and the next business day thereafter, confidential case types left off or shown without a name - and no calendar called before 8:30 a.m.; the parties' responsibility to determine ahead of time whether a hearing can be attended remotely (local rule 1.13); each courtroom's remote appearance by Zoom - Criminal Courtrooms 1, 2, 3 and 5, Civil/Criminal Courtroom 4, Family/Juvenile Courtrooms 6 and 7 (with the Juvenile Court Waiting Room Instructions), Courtroom 8 (Criminal/Traffic/Family Support/Small Claims), the Family Wellness Court calendars (State, Yurok, Hoopa) and the Special Assignment Calendar (Courtroom 9) - joined by voice at the toll-free 1 (833) 568 8864 with each Meeting ID, for case participants only; the Calendar Plan for placing a case on calendar; and the judges' departments: Judge Kaleb V. Cockrum in Department 1, Judge Heather S. Durand in Department 2, Judge Steven M. Steward in Department 3, Judge Timothy A. Canning in Department 4, Judge Lawrence M. Killoran in Department 5, Judge April A. Van Dyke in Department 6, Judge Kelly L. Neel in Department 7 and Commissioner Sarah E. Kaber in Department 8.
Local Rule 3.8 names the Court's website for the request: counsel meet and confer before requesting an intervention and request it only after reaching an impasse, prepared to specify all areas of agreement and disagreement; all the defendant's case numbers on the request; a request received before 5:00 p.m. set at 4:00 p.m. two court days after it is received, and not rescheduled if counsel is unready to proceed or fails to appear; the request form's confirmation of the meet and confer under local rule 3.8, and its fields (the case name and numbers, the date of the next evidentiary hearing, the District Attorney and the defendant's attorney of record, and the requester).
Local Rule 2.5(a) names the Court's website for the request: a request made no sooner than 60 days before trial and no later than 30 days before trial; settlement conferences held on Tuesdays at 3:00 p.m., the judicial officer assigned when the conference is scheduled; the form's fields (the case name and number, the date of trial, the attorneys of record for plaintiff and defendant, availability and scheduling conflicts) and a courtesy copy of the Request for Settlement Conference attached (one file, 6 MB limit).
The court's online request form: the name of the court reporter, the date of hearing, the courtroom and the case number needed (the register of actions from Court Operations gives them); a court reporter contacting the requester with the amount due, and no transcript provided until the fee is paid; minutes from Court Operations for a summary; requests by telephone at 707-445-7256 ext. 1760; a recorded hearing's transcript requested at access-transcripts.com; incomplete requests not processed.
Requests for domestic violence or gun violence restraining orders submitted through the court's case access portal at any time and processed during normal business hours (up to 24 hours); the online form only for initial requests - all other submissions discarded without notice, and responses, requests to continue and other related documents filed at the court in person or by mail; the interactive guided forms and the instructions.
Action required by the date on the bottom of the citation even without a reminder notice, payments and documents by mail sent 10 days before the due date, and the appearance date at the bottom of the ticket applying only to a misdemeanor or felony; failure to appear or act by the due date (a DMV hold, referral to collections and a $300.00 civil assessment); traffic school eligibility (not more than 25 mph over the speed limit, no traffic school in the last 18 months; equipment or non-moving violations, misdemeanors, violations with a mandatory court appearance and alcohol related violations not eligible) and its nonrefundable Traffic School Administration Fee; when a fine cannot be paid - a fine reduction through the online tool, a payment plan (requested in writing with a self-addressed stamped envelope when by mail; the signed plan and the first payment received before the due date, or a civil assessment of $300 (PC1214.1)), an ability-to-pay determination on Judicial Council Form TR-320 with TR-321 (and the Plea Form if the case has not been adjudicated), or a court date; parking tickets handled by the issuing agency; contesting a citation by a court trial (a contested trial scheduled within 45 days; on a failure to appear a trial in absentia or a VC40508(a) misdemeanor charge) or a trial by written declaration (Vehicle Code infractions; the total bail and the Fee for Traffic School posted in full first); the defendant's rights, and a Notice of Appeal filed within 30 days.
Meet and Confer Orders adopted for mandatory use (Appendix 8.5, Eff. 01/01/2018): the parties and/or attorneys ordered to peaceably contact each other immediately upon service and make at least one peaceable attempt to settle the issues before the hearing, with good faith, reasonable proposals in writing, by fax or e-mail, by telephone or in person; where child support or temporary spousal support is at issue, each party's printout of a DissoMaster™ or California Guideline Support calculator calculation before the hearing; immediate notice to the assigned judicial department if both parties agree the hearing is not necessary; on the date of the hearing, a second meet and confer and the exchange of all relevant documents, the court free to decline any document not exchanged; sanctions or other remedies for failure to meet and confer in good faith; and, where restraining orders are in effect, the orders not applying to the parties themselves, though each party's attorney must still meet and confer (California Family Code section 271; Rule 8.5).
Chapter 1 (Rules 1.1 to 1.19): the rules' scope, the Humboldt County Superior Court (1.1); their citation as the "Local Rules for the Humboldt County Superior Court" (1.2); their effective date, July 1, 2025 (1.3); their construction so as not to conflict with the California Rules of Court (1.4); sanctions for failure to comply - monetary sanctions, attorney's fees, expenses, striking pleadings, entering a default, dismissal and contempt (1.5); a judicial vacation day defined (1.6); the availability of official court reporters by case type (1.7.1); court reporters in non-criminal proceedings lasting one hour or less - the fee under Government Code section 68086, paid by the party that filed the paper that resulted in the proceeding, and the written statement requesting a court reporter filed at least five (5) court days before the proceeding on the form in Appendix 1.7 (1.7.2) - and in proceedings lasting more than one hour, a fee for every one-half day of services, the parties' pro rata shares split evenly unless the assigned judge orders otherwise (1.7.3); fax filing only through a fax filing agency (California Rules of Court, Rule 2.303) (1.8); ex parte communications only as these Rules, the California Rules of Court or the laws of this State prescribe (1.9); the photocopying waived under a fee waiver - one copy of the papers in the Court's file (1.10); coinage of more than $5.00 counted and rolled (1.11); photographing, videotaping and electronic recording - inside courtrooms under Rule 1.150, outside courtrooms in the courthouse portions of the building only by a written order of the Presiding Judge, and the sanctions for a violation (1.12); remote appearances by telephone or video under Rule 3.670 - personal appearances required for evidentiary hearings, non-evidentiary hearings and case management conferences pre-approved, a remote appearance at an evidentiary hearing noticed on form RA-010 and opposed on form RA-015, the Court's order on form RA-020, and further information on the Court's website (1.13); dangerous, large or bulky exhibits - the judge's permission, substitutes, the conditions on which the Clerk accepts exhibits, their return under Penal Code §1417.1 through §1417.3, and the written statement before hazardous materials are brought into the courtroom (1.14); court file retrieval - up to six (6) court files per day - and the research fee for a search lasting longer than ten (10) minutes, with research requests by mail (1.15); court interpreters - requests made in open court when the matter is set or the Request for Interpreter Form filed at least ten (10) court days before the appearance, cancellation noticed not later than 48 hours before the hearing, and continuances requested at least three (3) court days before the proceeding (1.16); exhibits on digital media in a "read only" setting (1.17); pinpoint citations to transcripts in page:line order (1.18); and exhibits at a remote appearance at a testimonial hearing or trial, lodged in hardcopy with Court Operations at least five (5) court days before the hearing under an "EXHIBITS TO BE LODGED" coversheet (1.19).
Chapter 2 (Rules 2.1 to 2.14): the Amendment to Complaint Form in Appendix 2.1 to add a properly named Doe defendant or correct an incorrectly named defendant (2.1); Rules 2.2 and 2.3, deleted effective 01/01/2024; continuance of a case set for trial only on a notice of motion heard on the civil law and motion calendar - a stipulation is not a sufficient basis (2.4) - and of a post-trial matter only with the Court's approval (2.4.1); settlement conferences in civil cases, requested through the website of the Superior Court of Humboldt County no sooner than sixty (60) days and no later than thirty (30) days before trial, the itemized list of damages furnished at least five (5) court days before the Settlement Conference, the attendance of the parties, the attorneys who are to try the case and insurance representatives, the Settlement Conference Statement filed no less than five (5) court days before the conference, and counsel's discussion not less than two (2) court days before it (2.5), with sanctions for failure to attend (2.5.1); civil trial rules - the Pretrial Conference Statement filed and served no later than seven (7) court days before trial, the long form juror questionnaire (form JURY-001) submitted no later than fifteen (15) court days before trial, the trial memorandum (not to exceed seven (7) pages, its points and authorities not to exceed fifteen (15) pages), the jury trial conference thirty (30) minutes before trial, motions in limine filed and served no later than fourteen (14) court days before trial and oppositions seven (7) court days before, and the motions in limine deemed granted at the time of trial (2.6); proposed pattern jury instructions from the latest editions of the Judicial Council of California, Civil Jury Instructions (2.6.1); law and motion hearings, the total presentation not to exceed fifteen (15) minutes (2.7 and 2.7.1); the Trial Court Delay Reduction Program - differentiated case management under rule 3.714, the Notice of Inclusion in the Delay Reduction Program served with the complaint (Appendix 2.8.2), and the exemptions and dismissal following settlement under rules 3.712, 3.714 and 3.1385 (2.8 to 2.8.7); applications for ex parte orders and emergency stays in civil matters - heard according to the schedule available on the Court's website, the pleadings received before 12:00 p.m. (noon) for the next court day's calendar, oppositions filed no later than two (2) hours before the hearing, and "EMERGENCY STAY REQUESTED" in the caption of an emergency application (2.9); the schedule of attorney fees in default proceedings, from 15% with a minimum of $75 to $2,890 plus 1% of the excess over $100,000 (2.10); citations to an official reporter, or a complete hard copy of an authority without one (2.11); dismissal of an unlawful detainer when proof of service of the summons is not filed within sixty (60) days of the filing of the complaint (Code of Civil Procedure section 1167.1) (2.12); default judgments only after all non-defaulting parties, including all Does, are dismissed (2.13); and changing a noticed hearing date only by stipulation and order, a properly noticed ex parte application, or the Court sua sponte (2.14).
Chapter 3 (Rules 3.1 to 3.8): filing deadlines for arraignments - in-custody matters filed no later than 10:00 a.m. for the same day afternoon arraignment calendar, serious or violent felonies filed before 2:00 p.m. for the same day late arraignment calendar, complaints and petitions for out-of-custody defendants filed ten court days before arraignment, and informations filed by noon at least two (2) days before arraignment, with the Filing Deadlines Chart on the Court's website (3.1); requesting hearings by a Notice of Hearing filed and served on all parties, the hearing date under Rule of Court 4.111 (ten court days prior to hearing), Orders Shortening Time, and the special requirements for a change of plea, a commit to jail date and warrant surrenders (3.2); written plea forms in all misdemeanor and felony matters (3.3); substitution of attorney, effective when proof of service of the notice is filed, and appointed counsel's withdrawal through the County of Humboldt's appointment panel (3.4); proposed and submitted orders with conforming copies (3.5); trial submissions filed and served no later than the day of trial assignment, and the long form jury questionnaire filed no later than fifteen (15) court days before trial (3.6); ability-to-pay determinations by deputy clerks under Government Code section 68645.3 - up to a 75 percent reduction for applicants receiving public benefits and a 50 percent reduction at or below 350 percent of the federal poverty level (3.7); and interventions in criminal matters, requested through the website of the Superior Court of Humboldt County after counsel meet and confer and reach an impasse, each attorney attending with express authority to negotiate and resolve the matter (3.8).
Chapter 6 (Rules 6.1 to 6.4): a copy of the petition served with each notice of hearing on a person requesting special notice, and on all parties where fees or commissions other than those computed by Probate Code §§10800 -10810 are requested (6.1); a typewritten copy of a handwritten will or codicil, and a signed translation of a will in a foreign language (6.2); all papers for a previously set probate hearing, with the proposed order, filed or lodged with the Clerk's Office at 421 I Street in Eureka at least five (5) court days before the hearing (6.3); and uncontested matters - verified petitions deemed submitted without an appearance, except petitions for confirmation of sale of real property or of personal property valued in excess of $1,000.00 and petitions for appointment of a guardian or conservator (6.4).
Chapter 7 (Rules 7.1 to 7.47): the law governing proceedings in the Humboldt County Juvenile Court (7.1); confidentiality of dependency proceedings (7.2); discovery of juvenile records - a Petition for Disclosure (JV-570) filed with the Supervising Judge of the Dependency Court, the Police Report Request Form for records held by law enforcement, and the Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order (7.3); the access of court designated child advocates to Probation Department and Department of Family and Children's Services records (7.4); the release of records to parties and their attorneys (7.5) and of court reports to court-approved mental health evaluators (7.6); appearances and daily courtroom practice - punctuality, calendar priority and attendance (7.7); the minimum standards of competence of attorneys in dependency proceedings and the Certificate of Competency submitted within ten (10) days of a first appearance (7.8); complaints about appointed attorneys, which the Court reviews within ten (10) days (7.9); access to minors petitioned under Welfare and Institutions Code §300 (7.10); the presence of children in court, every child four (4) years or older told of the right to attend (7.11); hearings in the absence of parents and parties (7.12); objections to the sufficiency of the petition (7.13) and amended petitions (7.14); pre-hearing discovery - informal, the social worker log notes available five (5) court days before a contested hearing, the protective order over the files of the Department of Social Services, and no civil discovery without approval on noticed motion (7.15); requests for transcripts (7.16); peremptory challenges to the judicial officer regularly assigned to juvenile matters, made in writing no less than ten (10) calendar days before the trial or hearing (7.17); social worker's and probation officer's reports at contested hearings (7.18); reports with psychological evaluations (7.19); motions other than motions to continue - served ten (10) calendar days before the hearing if personally served or fifteen (15) if served by mail, opposition five (5) court days and reply papers two (2) court days before the hearing (7.20); ex parte applications, held by the courtroom clerk for twenty-four (24) hours before submission and opposed within twenty-four (24) hours of notice (7.21); petitions for modification of orders - more and less restrictive placements, decreases in visitation, temporary removal out of state and new service plan requirements (7.22 to 7.26); notice of a change in placement - five (5) working days, ten (10) working days before a removal to another county, and in emergencies no later than 48 hours (7.27); appointment of experts in dependency cases (7.28); establishing paternity - the Statement Regarding Paternity on form JV-505 and the JV-501 form (7.29); determining the mental status of a child (7.30); psychotropic medications only by court order, an opposition within two (2) court days and an authorization effective until 180 days from the order at most (7.31); HIV testing of dependent children on an ex parte motion kept sealed (7.32); guardianship proceedings in Juvenile Court (7.33); applications under Welfare and Institutions Code §329 (7.34); parents' financial responsibility for out-of-home care (7.35); the Child Advocate Program, its advocates trained by a Court Appointed Special Advocate program (CASA) - appointment, duties, CASA reports served at least two (2) court days before the hearing, release of information, notice, visitation and family law advocacy (7.36 to 7.41); guardians ad litem for children and parents (7.42); parental visitation before the detention hearing (7.43); C.A.S.T. tapes under a protective order, with the Acknowledgment and the stipulation of Appendices 7.44(d) and 7.44(e) (7.44); dependency mediation, a Mediation Issue Statement sent at least one week before mediation (7.45); a mental health evaluation of a parent only with Court approval (7.46); and the inquiry into a child's tribal status under the Indian Child Welfare Act (7.47).
Chapter 8 (Rules 8.0 to 8.16): the purpose of the family law rules - all Family Law Matters, including the Family Law Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, the UCCJEA, the UIFSA and the Domestic Partnership Act (8.0); the rules governing civil cases applied to family law matters (8.1); sanctions for noncompliance (8.2); every blank on Judicial Council forms answered ("Unk", "Est", "N/A" or "None") (8.3); family law case management (8.4); the Court's Meet and Confer Orders (Appendix 8.5) before a hearing on a Request for Order (FL-300) (8.5); stipulations in open court (8.6); findings and orders after hearing (8.7); the Master Family Law Calendar and Pro Per Calendar - time estimates, priorities, trial setting after an At-Issue Memorandum (Appendix 8.8) and matters taken off calendar (8.8); the Mandatory Settlement Conference - settlement demands and final declarations of disclosure exchanged no later than fourteen (14) calendar days before it, filings no later than ten (10) calendar days before it, Income and Expense Declarations less than ninety (90) calendar days old, and the Statement of Issues, Contentions and Proposed Disposition of the Case (Appendix 8.9) (8.9); child custody recommending counseling - the online orientation program and its certificate of completion before a CCRC appointment, Humboldt County a "recommending jurisdiction", fees of $50.00 and $100.00 for missed appointments, a change of counselor, a separate session where domestic violence is alleged, declarations not exceeding 10 pages, the $275.00 deposit for a counselor's testimony with ten (10) court days notice, and complaints within 45 days (Appendix 8.10) (8.10); complaints about the Family Law Facilitator (Appendix 8.11) (8.11); supervised visitation providers' declarations (forms FL-324(P) and FL-324(NP), Appendix 8.12) (8.12); judgments - a notarized signature on a default with agreement, approval of the child support provisions by the North Coast Regional Department of Child Support (DCSS), and a hearing for a judgment of nullity (8.13); ex parte hearings and orders, with the Declaration re Notice of Ex Parte Hearing (Appendix 8.14) (8.14); spousal or domestic partner support - permanent support under Family Code §4300 et seq., and temporary support by the minimum, average and maximum schedules, the average adopted unless good cause is shown (8.15); and the Children of Divorce Workshop (Appendix 8.16) (8.16).
Chapter 9 (Rules 9.1 and 9.2): the original trial court file used in lieu of a clerk's transcript in misdemeanor and infraction appeals to the Appellate Department (California Rules of Court, Rule 8.914 for infractions and Rule 8.863 for misdemeanors) (9.1) and in limited civil appeals (Rule 8.833) (9.2).
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.