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The court's e-File page: electronically filed documents accepted for Adoption, Civil, Family Law, Probate, and Small Claims cases, as outlined in Local Rules of Court, Article XII, through an Electronic Filing Service Provider (EFSP), whose fees are waived for parties with an active fee waiver and government entities; the filer redacts sensitive information; the documents not permitted for e-Filing, submitted in person at the Clerk's office, by drop box, or by mail; documents in PDF; service of a small claims Plaintiff's Claim by the clerk requested by choosing Plaintiff's Claim with Certified Mail Service, with the $15.00 fee; processing in 3-5 business days; ex parte hearings not set automatically - a court date is reserved through info@inyocourt.ca.gov or 760-872-4901 - and all other motions set on the Court's Law and Motion Calendar; rejections and resubmission; and refunds of court filing fees requested on the Filing Fee Refund Request form by email to fiscal@inyocourt.ca.gov, refunds for e-filed documents issued to the EFSP (Code of Civil Procedure Section 411.20 and Government Code Section 6159).
The court's Juvenile page: juvenile cases are strictly confidential - no information is given on the phone, and parties wishing to obtain information must present identification establishing themselves to be parties to the case; and its transfer information for other counties - transfer-in hearings for dependency matters on the second and fourth Thursdays of each month (excluding holidays) at 9:00 a.m., and for delinquency matters at 1:30 p.m., at the Bishop branch of the Superior Court, 301 West Line Street, Bishop, CA 93514, with the Court Clerk's Office at 760-872-4518.
Article I (General Information; Rules 1.1 and 1.2): the Superior Court of the State of California, County of Inyo is a two-judge Court, unified effective July 1, 1998, and is also served by a part-time Title IV-D Family Support Commissioner who may also hear traffic infraction matters (Rule 1.1); and the court maintains an official Internet website at https://www.inyo.courts.ca.gov/, whose current address can be verified with the Office of the Court's Executive Officer (Rule 1.2).
Article II (General Rules; Rules 2.1 to 2.17): the rules are cited as the “Local Rules of Court” (Rule 2.1) and supersede all local court rules previously adopted (Rule 2.2); copies at the two clerk's offices, in Independence and in Bishop (Rule 2.3); the rule against bias (Rule 2.4); the duties of the County Clerk performed by the Executive Officer (Rule 2.5); standing orders available from the Executive Office (Rule 2.6); an Official Court Reporter only for adoption, felony, L.P.S. Conservatorship, dependency and juvenile cases, other litigants arranging a reporter at their expense (Rule 2.7); minute orders (Rule 2.8); notice to the bailiff no later than 24 hours before a hearing at which a prisoner in the Inyo County Jail must be present (Rule 2.9); interpreters (Rule 2.10); domestic violence coordination, the criminal court's protective orders controlling (Rule 2.11); a judicial vacation day (Rule 2.12); remote appearances by Zoom on a Request for Remote Appearance served and filed not less than five (5) court days before the hearing, limited in criminal and juvenile delinquency matters (Rule 2.13); access of Indian Child Welfare Act experts to the juvenile case file after notice and ten (10) days for objection (Rule 2.14); clerk ability-to-pay determinations for litigants receiving public benefits or at or below 250% of the federal poverty level (Rule 2.15); the Self-Help Center's services, its printing limited to mandatory Judicial Council forms plus 10 pages (Rule 2.16); and electronic recording (Rule 2.17).
Article III (Applicability and Sanctions; Rules 3.1 to 3.4): the rules add to, and do not supersede, applicable state rules (Rule 3.1); sanctions for any unjustified failure to comply with a local rule, including fines, court costs, attorney fees, issue preclusion, exclusion of evidence, striking of pleadings or dismissal (Rule 3.2); self-represented parties included in the term counsel (Rule 3.3); and courtroom attire and decorum - the duties of attorneys under Business and Professions Code § 6068(b); dress (no one in court without a shirt, barefoot or with a bare midriff; no sunglasses, hats or offensive clothing; business attire for attorneys); conduct in the courtroom; courtroom telephones and cellular phones; the area between the bench and counsel table; and examining witnesses from a lectern or behind the counsel table (Rule 3.4).
Article IV (Jury Commissioner; Rules 4.1 and 4.2): a continuing delegation to the Jury Commissioner to draw and summon trial jury venires under Code of Civil Procedure § 196 (Rule 4.1); and excuses from trial jury service under Code of Civil Procedure §§ 204 and 218 - no categorical exclusions, statutory exemptions only when claimed, deferment preferred to excuse, inconvenience inadequate, requests in writing, and the grounds of undue hardship: no available transportation, travel of more than one and one-half hours, an extreme financial burden, risk to property, a disability or impairment, duties for public safety, and the care of dependents (Rule 4.2).
Article IX (Juvenile and Dependency; Rules 9.1 to 9.9): six standing orders incorporated by reference - the psychotropic medication protocol (SO AD 18-051), the disclosure of juvenile information (01-005), the Welfare & Institutions Code § 241.1 protocol (05-018) and three delinquency orders on tribal interests and ICWA (SISOAD-09-031 to 09-033) - available from the clerk (Rule 9.1); the psychotropic medication protocol applied to wards as well as dependents (Rule 9.2); the exchange of information among child custody evaluators, mediators, children's counsel, juvenile probation, Child Protective Services and the probate court investigator (Rule 9.3); the qualifications of dependency counsel - competence as defined in California Rule of Court 5.660(b), certification, eight hours of training and six (6) months of experience, continuing training, and substitution the court may order (Rule 9.4); standards of dependency representation (Rule 9.5); complaints about appointed counsel lodged with the Presiding Judge, reviewed within ten (10) days, answered within twenty (20) days, with a review hearing requested within fifteen (15) days (Rule 9.6); the Court Appointed Special Advocate program under California Rules of Court, rule 5.655 (Rule 9.7); the Public Defender deemed appointed on the filing of a petition under section 602 or section 300 (Rule 9.8); and dependency mediation (Rule 9.9).
Article V (Court Sessions; Rules 5.1 and 5.2): regular adult law and motion sessions generally on selected Tuesdays and Fridays, and juvenile law and motion on selected Thursdays in Bishop for northern Inyo cases and selected Fridays in Independence for southern Inyo cases; no matter estimated to exceed 15 minutes set on a law and motion calendar without the Court's prior approval (Rule 5.1); and no regular calendar for ex parte applications - the date, time and location of each ex parte hearing obtained from the Court's Calendar Clerk or Administrator, with notice under California Rules of Court, Rule 3.1203 and 5.165, except restraining order applications and certain criminal applications (Rule 5.2).
Article VI (Civil Proceedings; Rules 6.1 to 6.20) for general civil cases: the delay reduction policy - Plan 1 (12 months), Plan 2 (18 months) and Plan 3 (24 months), every case presumed a Plan 1 case (Rule 6.4); alternative dispute resolution - mandatory mediation under Code of Civil Procedure section 1775 for unlimited cases up to $50,000 for each plaintiff and actions involving a public agency or public entity, case-by-case referrals, attendance of parties, counsel and insurers, and complaints about court-program mediators (Rules 6.4.1 and 6.4.2); the Case Management and Trial Setting Conference set within one hundred fifty (150) days of filing (Rule 6.5); service and proof of service within sixty (60) days of filing (Rule 6.6); requests for entry of default within ten (10) days after responsive pleadings are due (Rule 6.7); amended pleadings lodged (Rule 6.8); the Case Management Statement (form CM-110) filed at least five (5) court days before the first conference, with a Stipulation to Participate in Mediation (Rule 6.9); the conference and its orders (Rule 6.10); mandatory settlement conferences about six (6) weeks before trial, with briefs five (5) judicial days before and Form ADR-100 ten (10) court days before (Rule 6.11); motions in limine heard at the pre-trial conference (Rule 6.12); exhibits, judge's copies and the pre-trial conference about five (5) judicial days before trial, with its filings (Rules 6.13 to 6.15); witnesses (Rule 6.16); no court reporter in general civil cases (Rule 6.17); judicial arbitration of nonexempt unlimited cases up to fifty thousand dollars ($50,000) for each plaintiff (Rule 6.18); sanctions (Rule 6.19); and the attorney fee schedule for promissory notes and contracts (Rule 6.20).
Article VII (Family Law Rules; Rules 7.1 to 7.12): an Income and Expense Declaration and a Property Declaration before every default and contested hearing on a financial issue, with schedules, and the exchange at least five (5) days before the hearing of wage stubs for the preceding three (3) months and the latest federal income tax return (Rule 7.1); the State of California's Guideline Calculator in Title IV-D cases and certified programs for temporary spousal support (Rule 7.2); child custody (Rule 7.3); Court Mediation of unresolved custody and visitation issues, after the Pre-Mediation Orientation Program and domestic violence assessment scheduled through the Family Law Facilitator, with the domestic violence protocol, confidential and non-confidential mediation under Family Code § 3183(a), interpreters and parties who live outside the county (Rule 7.4); child custody investigators and evaluators - no peremptory challenge, change requests by written motion and the complaint procedure (Rule 7.5); subject children in the courtroom only with the Court's prior knowledge and consent (Rule 7.6); minor's counsel under Family Code §§ 3150 et seq., their rights and the complaint procedure (Rule 7.7); the duties of the Family Law Facilitator on child support (Rule 7.8); arbitration of community estates up to $50,000 (Rule 7.9); the family centered case resolution process - a status conference noticed on filing, a mandatory settlement conference and a Statement of Issues, Contentions, and Proposed Disposition of the Case at least five (5) days before it (Rule 7.10); default or uncontested proceedings (Rule 7.11); and stipulations for a Special Master under Code of Civil Procedure § 638 (Rule 7.12).
Article VIII (Probate, Guardianship, & Conservatorship; Rules 8.1 to 8.8): contacts for the Probate Investigator (Rule 8.1) and for the Probate Referee (Rule 8.2); minors' compromises heard on the Probate Calendar with the minor, the parent or guardian and counsel present, attorney fees above 25% of the net proceeds requiring a strong showing of reasonableness (Rule 8.3); guardianship funds not used for a minor's maintenance while a parent lives, absent the parent's inability (Rule 8.4); withdrawals from blocked accounts with Form MC-357 (Rule 8.5); public guardian fees under Standing Order No. 18-035, incorporated by reference (Rule 8.6); the protocol for the probate court, Child Protective Services and the family court when child abuse or neglect surfaces in a guardianship (Rule 8.7); and mediation in guardianship cases (Rule 8.8).
Article X (Criminal; Rules 10.1 to 10.4): the post-preliminary examination arraignment and settlement conference, generally set within fifteen (15) days in Dept. 1, the District Attorney's written settlement position before it, and defendants' personal appearance notwithstanding a Penal Code § 977 waiver (Rule 10.1); pre-trial motions - in limine motions noticed and heard at or before the pre-trial conference, Penal Code § 1538.5 motions as provided by statute, and motions for continuances (Rule 10.2); pre-trial conferences, with witness and exhibit lists, CALCRIM requests, statements of complex issues, juror questionnaires, in limine motions and verdict forms served and filed at least two days before, and the matters to be discussed (Rule 10.3); and infraction counter arraignments by attorneys at the Clerk's counter on the court's Counter Arraignment Form, on or before the due date (Rule 10.4).
Article XI (Appellate Division; Rules 11.1 and 11.2): the three Superior Court judges appointed each year by the Chief Justice of California to sit as the Appellate Division (historically from Inyo, Mono, and Alpine counties, the Inyo judge presiding), with assignment information from the Judicial Council of California or the Appellate Clerk at (760) 872-6728 (Rule 11.1); and appeals submitted on the briefs unless oral argument is requested in writing within ten (10) days of the filing of Appellant's Reply Brief or ordered by the court (Rule 11.2).
Article XII (Electronic Filing and Service; Rules 12.1 to 12.9): permissive electronic filing and service under Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et. seq. (Rule 12.1); electronic filing permitted and encouraged in family law, adoption, probate, limited civil, unlimited civil, small claims and mental health proceedings, and not permitted in criminal, juvenile or infraction proceedings (Rule 12.2); filing through an approved electronic filing service provider, in text-searchable PDF, and the documents not accepted electronically (Rule 12.3); a document deemed filed on a court day if received between 12:00 a.m. and 11:59:59 p.m., otherwise on the next court day (Rule 12.4); provider fees and fee waivers on Judicial Council Forms FW-001 and FW-002 (Rule 12.5); the filer's responsibility for accuracy and redaction (Rule 12.6); extensions for user error or vendor technical problems (Rule 12.7); proposed orders lodged in PDF attached to Judicial Council Form EFS-020 (Rule 12.8); and consent to electronic service, a change of address filed on form EFS-010 (Rule 12.9).
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.