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34 rules
Civil law and motion matters (civil, probate, unlawful detainers and conservatorships) heard by the last digit of the case number - even in Courtroom A (Hon. Cynthia P. Smith), odd in Courtroom B (Hon. Joseph J. Solga), at the Historic Courthouse, 825 Brown St; in a week the court is closed on Monday, no civil law and motion or probate matters set on the Tuesday (closed Monday and Tuesday: none on the Wednesday); each civil department's calendar - law and motion and delay reduction hearings Tue - Fri 8:30 AM, unlawful detainers Fri 8:30 AM (UD trials in Dept A), ex parte appointments Mon-Fri 11:30 AM, motions for summary judgment Thu-Fri 9:30 AM and the civil mental health hearings at 9:00 AM by hearing type, day and month (Courtroom A in Feb/Apr/June/Aug/Oct/Dec, Courtroom B in Jan/Mar/May/July/Sept/Nov), and the CARE Act calendar Tues 10:00 AM in Courtroom B; the family law calendars of Courtroom C (Hon. Robert Stamps: adoptions, family law case management conferences and the master family law calendar Mon 8:30 AM, at least one party represented by an attorney) and Courtroom 6 (Hon. Douglas Skelton: the child support calendar (DCSS) Fri 8:30 AM, self-represented domestic violence restraining orders Mon 8:30 AM, the family law self-represented calendar Wed 8:30 AM, family law ex partes Mon-Fri 11:30 AM and small claims appeals 2nd and 4th Friday at 2:00 PM); civil settlement conferences Thursdays in Department MSC; the small claims judge pro tem calendar Thu 1:30 PM in Courtroom 2.
All civil, probate, trusts, estates, guardianship, conservatorship and family law cases eligible if all parties agree (custody and visitation mediated through Family Court Services); panel mediators provide the first three hours of three mediations a year free of charge; a referral requested at the Case Management Conference or at any other time, without extending any dates for discovery, motions or trial; a Stipulation Re: Voluntary Mediation filed with the court's Mediation Program Coordinator (NapaADR@napa.courts.ca.gov), the parties selecting and contacting the mediator; the mediator's conflict check, acceptance or recusal and scheduling; all mediation activity completed within 60 days from the date of referral, under the Civil, Estates, and Family Law Mediation Guidelines; private mediation at the parties' cost; the program's forms and feedback surveys.
The rates for court appointed counsel and investigation services in conflict indigent defense cases performed after July 1, 2026 (Local Rule 2.7 leaves the current rates to the Court's website): attorney services (adult) at $150.00 for criminal and civil/family law contempt cases, misdemeanor appeals and other appointments, paid by county; minor's counsel in family law (3150), contract or $150.00, and juvenile dependency (300), contract, paid by court, and juvenile delinquency (602), $150.00, paid by county; investigators in general cases at $85.00, paid by county; guardian ad litem and conservatorship appointments at $150.00, paid by county; and the maximum pay for psychological evaluations by psychologists and psychiatrists appointed after July 1, 2026 - $700.00 and $840.00 (PC1368, PC1370, EC730, W&I3102, W&I3051, W&I5303.1), $1,000.00 and $1,200.00 (PC288.1) and $1,050.00 and $1,400.00 (W&I709(b)(1)), paid by court; $1,680.00 (PC1026) and $700.00 (PC1001.36), paid by county; other statute codes set by judge.
Remote appearances at the discretion of the Judicial Officer; questions about a remote hearing by telephone at 707-299-1100, not by email; each department's Zoom meeting (Departments 1 to 6, A, B and C, the Juvenile Court, MSC and FCS mediation), joined by video as allowed or by phone, Zoom appearances by telephone no longer available in Departments 6, A and B; recording a proceeding prohibited unless the judicial officer grants permission (Cal. Rules of Court, Rule 1.150(c) & (d)).
The policies and procedures of Family Court Services that govern mediation when domestic violence allegations are present - separate sessions during orientation, parent education and mediation, a support person, notice on the parent information sheet with a copy of any protective order, separate meetings, confidential addresses and phone numbers, and a custody/visitation order specifying the time, day, place and manner of transfer of the child; the domestic violence services (Napa Access, a supervised visitation and exchange program, a Family Assessment Specialist, Emergency Mediation and the Family Law Facilitator Program); restraining orders entered into CLETS the same day they are granted when the forms' identifying information is complete.
Mediation appointments conducted by remote audio/video using Zoom (the Mediation Zoom Links); mediation for a parenting plan, with no set limit on the number of sessions, a case without agreement generally referred back to the court for a hearing; both parents required to complete the Online Orientation (in English or en Español) before the first mediation appointment, which is scheduled after both have attended; the Family Court Orientation and Parent Education program, at no charge; where a restraining order is in effect, information on parking areas and separate waiting rooms on request, and separate mediation; the domestic violence policies and procedures that govern the practice of mediation.
The court's Juvenile Filing Division (Historic Courthouse, 825 Brown Street, First Floor), the Juvenile Traffic Division (Criminal Courthouse) and the Juvenile Hall Courthouse (2350 Old Sonoma Road; mail sent to 825 Brown St.); the juvenile calendars and assignments under Hon. Robert Stamps - 602 detention hearings and the 602 calendar Mondays and Wednesdays at 1:30pm and 602 contests at Juvenile Hall, the 300 calendar Tue & Thu 1:30pm, dependency adoptions Thu 3:30pm and juvenile traffic Tue 3:15pm in Dept 6, detention hearings Fri 1:30pm and truancy on the 2nd Tue of the Month in Dept C; the notice per Rule of Court 5.610(f)(2) of the regular delinquency and dependency calendars; juvenile case information only to persons with a legal right, by personal appearance with photo identification; juvenile traffic hearings with a parent or legal guardian; the protocols on intercounty transfers (the Intercounty Transfer Protocol) and on juvenile competency (the Juvenile Competency Protocol); record sealing under Welfare and Institutions Code section 781 through the Napa Juvenile Probation Department.
The protocol implements Welfare and Institutions Code §709, as amended by AB 1214, for the Napa County Juvenile Court: informal resolution (A); formal JCST proceedings - suspension of proceedings, the expert appointed under Evidence Code § 730 at the Court's cost, the JCST Hearing within 20 calendar days if the minor is detained and 30 if not, the appointment and duties of the JCST evaluator, whose report and three copies are due two days before the hearing, developmentally disabled minors and additional qualified experts (B); the JCST hearings - the Initial JCST Hearing, the JCST Evidentiary Hearing fifteen calendar days later, and the minor found competent or incompetent (C); the Remediation Planning Hearing and remediation services, reviewed every 30 days for a detained minor and every 45 days for a non-detained minor (D); and the Remediation Hearing, the total remediation period not to exceed one year from the finding of incompetence (E).
The two steps before scheduling mediation - watching the short orientation video and completing the intake form (without the intake form, there will be no record that a party is ready to schedule mediation); questions to Family Court Services at (707) 299-1240.
Its office at the Criminal Courthouse, 1111 Third Street (office hours Monday - Friday 8:00 a.m. to 4:00 p.m., a drop box until 5:00 p.m.); citations filed by law enforcement (wait at least 3 weeks (21 days) before contacting the court) and the Pay or Appear date; fine payment and payment plans through Linebarger, Attorneys at Law, arranged before the due date; traffic school eligibility (no traffic school in the last 18 months, a valid California driver's license, not more than 25 mph over the speed limit, no commercial vehicle) with the fines and fee paid up front; correctable offenses (a $25.00 Proof of Correction fee per correction, proof submitted with the reduced fine before the due date, not online or by phone); contesting a citation by a trial requested before the due date - trial by written declaration (payment made at the request) or an in-person court trial (bail posted for an arraignment and court trial the same day, or an arraignment without bail), remote appearances not allowed in a court trial; civil assessments of up to $100 (PC1214.1); the Clerk's delegated authority under Government Code section 68645.3(e) to grant ability-to-pay determinations (public assistance, or a monthly income of 250% or less of the poverty guidelines; a reduction, a payment plan or community service as the online tool recommends; requests the Clerk cannot grant forwarded to a judicial officer); red-light camera citation FAQs.
The rules supplement the California Codes and Rules of Court, and all attorneys and self-represented parties appearing before the Napa Superior Court must know and abide by them, read as a whole; the effective date of the rules (1.1); the title of the rules (1.2); and the construction and application of the rules, amended by majority vote of the judges (1.3).
Competency requirements for counsel in juvenile dependency proceedings under California Rules of Court, rule 5.660(d)(3) (10.1); minimum standards of education and training (10.2); standards of representation (10.3); caseload standards (10.4); procedures for reviewing and resolving complaints about appointed attorneys (10.5); the Court-Appointed Special Advocate (CASA) (10.6) and CASA reports filed and served at least two (2) court days before the review hearings (10.7); the administration of psychotropic medication for dependents or wards of the court (10.8); and remote appearances in juvenile justice (delinquency) - hearings set for in-person appearances unless the Court permits otherwise under the rule's procedures (10.9).
The California Rules of Court on appeals to the Superior Court (commencing with rule 8.800) apply to the appellate division except as modified (11.1); the presiding judge of the appellate division, designated annually by the chairperson of the Judicial Council (11.2); sessions at least once each month (11.3); applications presented to the appellate division presiding judge at 11:30 a.m., by appointment only, on at least 24 hours' notice (11.5); the original trial court file used instead of a clerk's transcript in limited civil appeals (rule 8.833) and misdemeanor appeals (rule 8.863) (11.6); the official electronic recording as the record of oral proceedings (rules 8.835 and 8.868) (11.7); and participating judges - a three-judge panel under Code of Civil Procedure section 77, appeals from convictions of traffic infractions heard and decided by the presiding judge of the appellate division (11.8).
Policy making authority, vested in the Executive Committee - the Presiding Judge, the Assistant Presiding Judge, and the Court Executive Officer (2.1); administrative authority (2.2); the Presiding Judge, Assistant Presiding Judge, and Acting Presiding Judge, elected for a two-year term (2.3); the location and schedule of court sessions - Courtrooms A, B and C at the Historic Courthouse, 825 Brown Street, Courtrooms 1 to 6 at the Criminal Courthouse, 1111 Third Street, and the Juvenile Courthouse, 2350 Old Sonoma Road (2.4); applications for ex parte orders - civil and probate applications at 11:30 a.m. each court day by appointment made no later than 10:00 a.m. the preceding court day, family law, juvenile and guardianship applications filed by 10:00 a.m. for a decision on the papers or a calendar the following court day, and the Family Law Ex Parte Status Information page posted by 3:00 p.m. (2.5); the duty judge (2.6); compensation of court-appointed counsel and investigators, the current rates on the Court's website (2.7); remote appearances by Zoom, joined approximately five (5) minutes before the hearing by the instructions on the Court's website (2.8); the tentative ruling system in civil law and motion and probate matters - rulings by 3:00 p.m. on the court day before the hearing and oral argument only on notice by 4:00 p.m. (2.9); electronic filing in Civil, Family, Probate, Criminal, Traffic, Juvenile Delinquency and Juvenile Dependency cases through an electronic filing service provider (2.10); sealing of juror information (2.11); courtroom security (2.12); court reporting services - the chart of the case types for which the Court provides an official court reporter, electronic recording, private court reporters and the exceptions for parties with fee waivers (2.14); audio and video recording and transmission (2.15); the master calendar system for civil and criminal matters (2.16); communication with court staff (2.17); and the Clerk's ability-to-pay determinations in traffic infraction cases when the criteria posted on the Court's website are met (2.18).
Use of the forms the Napa County Superior Court adopts for mandatory use (3.1); proof of service, without which a matter may be taken off calendar (3.2); courtesy copies of e-filed documents exceeding 15 pages and of color documents, delivered no later than the next court day after filing (3.3); endorsing a maximum of two (2) copies (3.4); the will-call box (3.5); in matters set on shortened time, the last paper filed no later than 9:00 a.m. two (2) court days before the hearing (3.6); lodging of non-California authority only when the Court requests it (3.7); permissible exhibits and recorded or digital evidence (3.8); /s/ signatures on e-filed documents (3.9); and the certification that every case citation, fact and argument has been checked, a responsibility no party or attorney may delegate to Artificial Intelligence (3.10).
Filing complaints and citations with the clerk on the first floor of the Criminal Courthouse - in-custody complaints no later than 11:00 a.m. of the second court day following the arrest, and complaints or citations presented before 4:30 p.m. deemed filed on the date of receipt (4.1); documents necessary for a hearing, plea forms submitted by email (4.2); pleas in absentia in non-DV misdemeanor cases on the court's mandatory form (4.2.1); motions under California Rules of Court, rule 4.111(a) (4.3); in limine motions, witness lists and trial briefs in writing, filed and served at or before the Readiness Conference (4.4); jury instructions and verdict forms on the first day of trial (4.5); stipulations with a proposed order at least two (2) court days before the agreed court date (4.6); documents presented by 5:00 p.m. or deposited in the drop box deemed filed on the date of receipt (4.7); and child forensic interview recordings - their restrictions, the return of copies and sanctions for non-compliance (4.8).
Trial by written declaration under Vehicle Code section 40902, a person who fails to appear at trial deemed to have elected a trial by written declaration under section 40903 (5.1); and traffic and engineering surveys, of which the Court takes judicial notice (5.2).
The case management conference, noticed no sooner than 120 days and no later than 180 days after the filing of the original complaint (6.1); trial management conferences (6.2); short cause and long cause trials, each assigned a date certain at the case management conference (6.3 and 6.4); trial procedures - exhibits exchanged no later than five (5) court days before the trial management conference (6.5); administration of civil litigation - service of the complaint with the Notice of Case Management Conference and the ADR Information Sheet (6.6.1), mandatory settlement conferences and the settlement conference statement no later than 10 calendar days before the conference (6.6.2), and cases stayed under California Rule of Court 3.650(d) (6.6.3); requests for hearing continuances by stipulation with the required fees, and taking matters off calendar (6.7); uninsured motorist cases (6.8); motions for summary judgment or adjudication set only on Thursdays and Fridays at 9:30 a.m. (6.9); hearings exceeding 15 minutes (6.10); the schedule of attorney fees in default proceedings (6.11); requests for extension of time to file on form CM-020 (6.12); and the appointment of an elisor under Local Rule 7.13 (6.13).
The scope - all family law matters (7.1); calendar assignments - dissolution and custody matters with at least one party represented by counsel calendared in the master family law department, the dates, times, departments and judicial assignments on the Court's website (7.2); proof of service filed no later than two (2) calendar days before the hearing (7.3); family law case management - the Notice of Family Law Case Management, mandatory case management conferences and the Family Law Case Management Conference Report filed and served at least five (5) calendar days before the conference (7.4); ex parte matters filed by 10:00 a.m., the Family Law Ex Parte Status Information page posted by 3:00 p.m. (7.5); the Master Family Law Calendar, heard on the first judicial day of each week - setting trials, matters taken off calendar and three (3) continuances by agreement upon payment of the continuance fee (7.6); hearings (7.7); settlement conferences, mandatory for long-cause matters (7.8); trial exhibits (7.9); child custody and visitation - mandatory orientation and mediation, the online orientation class scheduled by Family Court Services, non-recommending confidential mediation, subsequent mediation within one (1) year, complaints regarding mediators and appointed counsel for the child, and court-ordered child custody evaluations, with one peremptory challenge within five (5) court days (7.10); requirements in financial matters (7.11); the family law facilitator (7.12); the appointment of an elisor (7.13); the default procedure for NCDCSS standard enforcement orders (7.14); and automatic application and enrollment for Title IV-D services for new child support orders, and opt-out (7.15).
Adoption hearings scheduled at the request of petitioner or counsel on any probate court appearance calendar, the required reports, orders and pleadings on file before a hearing is scheduled (8.1); and access to adoption files under Family Code section 9200 by a detailed factual showing of good cause, on the mandatory local form Petition to Inspect Adoption Records (8.2).
Probate proceedings governed by the California Rules of Court and the Probate Code except as the rules specify; preparation of orders - a proposed order or letters with every motion and petition (9.1); the probate calendar - probate matters heard with Civil Law & Motion, Tuesdays through Fridays at 8:30 a.m. in Departments A and B of the Historic Courthouse (9.2); matters requiring appearance (9.3); guardianship investigations on the court's mandatory order forms (9.4); conservatorship investigations by the Probate Investigator, appointed by standing order (9.5); costs - up to a total of $200.00 in miscellaneous costs approved without itemizing (9.6); compensation of attorneys, conservators, guardians and trustees, and requests for extraordinary fees, only with prior Court approval (9.7); preliminary distributions (9.8); payment of court investigator fees (9.9); hearing dates for conservatorships and guardianships, generally no sooner than 45 calendar days after the filing date (9.10); requests for evidentiary hearing (9.11); motions for summary judgment or adjudication set only on Thursdays and Fridays at 9:30 a.m. (9.12); and the civil local rules applied to contested probate hearings estimated to take more than one day (9.13).
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.