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47 rules
Administrative Order #26-01, signed by Douglas Prouty, Presiding Judge, and William Abramson, Assistant Presiding Judge: effective this date and continuing until further order, the use of body-worn cameras within the Superior Court facilities located in the Plumas County Courthouse by the public prohibited - all courtrooms, Clerk’s offices, judicial chambers, the third floor conference room, and any and all attendant hallways and rooms; law enforcement and security officers permitted to wear body-worn cameras there, off, on standby or inactive, and to create a recording only if the officer is conducting law enforcement activities or assisting with an arrest, interacting with an individual who is not complying with a command from the officer or judicial officer, responding to an emergency situation, or has received prior permission from the Presiding Judge; a recording created during juvenile proceedings subject to Welfare and Institutions Code section 827 and California Rules of Court rule 5.552; law enforcement activating a body-worn camera in the facilities notifying the Sheriff’s Department and Court Executive Officer as soon as practical.
Administrative Order #26-02, signed by Douglas Prouty, Presiding Judge, and William Abramson, Assistant Presiding Judge: there being currently no print newspapers of general circulation within Plumas County, The Plumas Sun digital newspaper considered a newspaper of general circulation for the purpose of publication of notice as described in Probate Code Section 8120 and 8121; any party publishing notice in the Plumas Sun digital newspaper to file proof of publication demonstrating compliance with Probate Code Section 8121(a) at least five (5) days prior to the date of the hearing; the Administrative Order dated May 19, 2020 revoked; the order in effect until modified, revoked, or until a print newspaper of general circulation resumes business in Plumas County.
Administrative Order #26-03, signed by Hon. Douglas Prouty, Presiding Judge, and Hon. William Abramson, Assistant Presiding Judge: it being difficult to secure Judicial Officers due to the court’s remote location and at times inclement weather, Judicial Officers hearing cases on assignment can appear remotely in all case types unless the Presiding Judge finds good cause that the Judicial Officer appear in person; in effect until modified or revoked.
Administrative Order #26-05, signed by Douglas Prouty, Presiding Judge, and William Abramson, Assistant Presiding Judge: effective this date and continuing until further order of the court, the Plumas County District Attorney’s Office, Contract Public Defenders, Plumas County Counsel, the Plumas County Department of Social Services/Child Protective Services, and Contract Counsel for Dependency and Juvenile Justice Matters exempted from Local Rule 1.7; all other attorneys, or litigants to request and be granted approval by the Presiding Judge for the use of electronic equipment as more fully described in Local Rule 1.7.
Documents in civil cases filed at the Clerk's Office in Room 104 of the Plumas Courthouse at 520 Main Street in Quincy - signed, dated, organized and stapled (the clerk cannot accept copies which are not organized and stapled), the original set organized, two-hole punched and stapled, with the appropriate number of copies and the proper filing fees from the Statewide Civil Fee Schedule, or a Request to Waive Court Fees filed with the first documents; the page answers that the court does not accept filings by fax at this time; interpreters through the Language Access Representative at (530) 283-6305; copies from a case file through the Record Searches page; Zoom and CourtCall (telephonic) appearances permitted for certain circumstances in civil cases (the Remote Appearances page); under $12,500 a Small Claims case, $35,000 or less a Limited Jurisdiction Civil case, over $35,000 an Unlimited Jurisdiction Civil case; a name change petition filed in the county of residence, a legal notice published for four consecutive weeks, one day per week, before the hearing, and for a child's name change the other parent served personally at least 30 days before the hearing.
Appearances mandatory in misdemeanor and felony cases and required for certain infractions, on the date and time on the release papers or arraignment letter, a failure to appear possibly bringing a warrant; on the court date, the defendant reporting to the Clerk's Office prepared to provide identification and any relevant documentation (jail release paperwork, a notice to appear, bail or bond receipts, the arraignment letter); fines paid by the due date the judge sets, online, by mail or in person (cash, personal checks, money orders, credit/debit cards; no cash by mail; U.S. funds; checks payable to Plumas Superior Court with the case number), unpaid fines referred to collections; a civil assessment of up to $100 under Section 1214.1(a) of the Penal Code; court-appointed counsel requested from the judge at the first appearance, with a financial declaration and a possible reimbursement hearing; no speaking to or gesturing toward anyone in custody (a possible misdemeanor charge); no criminal record information given over the telephone - the Record Searches page.
The forms prepared with the LawHelp Interactive program (from 15 minutes to up to 2 hours; the system may time out after 2 hours, an account saving the progress) or otherwise, then emailed to efiling@plumas.courts.ca.gov or filed with the clerk's office at the Courthouse - no fees for filing; after a judge reviews the papers and decides whether to grant temporary protection, the papers picked up from the court; the other side served by someone 18 or older and not involved in the case (the Sheriff's Office serves Domestic Violence court papers for free, (530) 283-6375; a process server or a person known) - never by the person asking; a remote appearance at the hearing possible (the Remote Appearances page); a response prepared with LawHelp Interactive and submitted electronically or filed with the clerk at the courthouse.
Fax filings accepted in Civil, Probate and Family Law as well as Juvenile Dependency case types (Local Rules of Court, Rule 1.10) and in the Appellate Division (Appendix B); fees for each filing - up to $200.00 a $6.00 fee, $200.01 and above a 3% fee - with the filing fees of the Statewide Civil Fee Schedule unless waived; documents legible and in the format of CRC 2.100 and 2.300; the mandatory Facsimile Transmission Cover Sheet (form MC-005) with the credit card information (the 3- or 4-digit CVV; Visa, MasterCard or Discover), a telephone number and an email address - a missing or incomplete cover sheet rejected; the phrase 'By fax' immediately below each document's title; filings faxed to (530) 283-6415 or emailed to efiling@plumas.courts.ca.gov, by one method only; the original kept by the filer (CRC 2.305); documents received on or before 4:00 PM Pacific Time on a court business day file-stamped that day, later ones the following court business day, a filing received when its last page is received; a 15-page limit (Local Rule 1.10(a)); a receipt emailed on acceptance, a conformed copy returned on request for added fees; a rejected document resubmitted whole with its cover sheet; never by fax: a will, codicil or testamentary trust, a bond or undertaking, subpoenaed documents, Probate Code § 2620 financial institution, care facility or escrow documents, state vital records forms, attachments that cannot be accurately transmitted, trial exhibits, documents lodged provisionally under seal, Labor Commissioner deposits.
All parties ordered to contact Family Court Services to participate in Good Faith Mediation; mediation conducted remotely with a mediator/child custody recommending counselor, sessions typically lasting 1 1/2 to 2 1/2 hours; mediation requested by completing item 2 on Form FL-300 - Request for Order, filing the Request for Order packet with the Clerk's Office and serving the other party in a timely manner, then contacting the court to schedule an appointment after service is completed - proof of service provided to the court before an appointment can be scheduled; a Mediation Intake Packet completed and submitted before the appointment and the Online Orientation completed by both parents before the first appointment; both parties attending, the mediation canceled if both parties do not confirm attendance with the court at least two court days before the appointment; where domestic violence is an issue, separate sessions and a support person (not a significant other) on request; no children brought to any part of the mediation process unless requested by the Judge or the Mediator/Child Custody Recommending Counselor; no childcare at the court.
A reduction of a traffic or other infraction fine requested with proof of inability to pay, at any point in the process, a plea of guilty or no contest entered before the court can answer; the MyCitations online tool (recommended) to enter a plea and request a reduction, a payment plan, more time to pay or community service, even for a case in collections, or form TR-320/CR-320 (the clerk's office for its use); an additional fee of up to $100 possible if the date on the citation and courtesy notice passes without action; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not for contesting the citation, attending traffic school or a dismissal or reduction with proof of correction.
At least four forms (the California Courts' Self-Help Guide), emailed to efiling@plumas.courts.ca.gov or filed with the clerk's office at the Courthouse with two copies plus the original - no fees for filing; after the judge decides whether to grant temporary protection, the papers picked up from the court; the other side served by someone 18 or older and not involved in the case (the Sheriff's Office serves Gun Violence court papers for free, (530) 283-6375; a process server or a person known) - never by the person asking; a remote appearance at the hearing possible (the Remote Appearances page).
A summoned juror calling (530) 283-6440 or 1 (888) 229-0990 after 5:00 PM the night before the scheduled service date for the date, time and place to appear or a cancellation; a failure to respond as directed without excuse bringing a Failure to Appear/Respond to a Jury Summons notice to appear in court, monetary sanctions up to $1,500 or contempt (a fine up to $1,000, incarceration of 5 days, or both) under Code of Civil Procedure § 209; a postponement requested from the Office of the Jury Commissioner; an excuse for physical or mental incapacity or a care obligation supported by a doctor's letter of verification, with the duration of the condition, submitted when returning the jury summons; one-day or one-trial service; a per diem of $15.00 per day and 34 cents per mile, both from the second day (not for public employees who receive regular compensation); the Office of the Jury Commissioner at 520 Main Street, Room 304, Monday through Friday, 8 AM to 3 PM.
Juvenile dependency and delinquency cases strictly confidential - no information provided over the phone, parties seeking information appearing in person at the Courthouse with identification, only those with a legal right to the information (such as the juvenile's mother, father or legal guardian) obtaining details; a parent or guardian preferably accompanying the minor in court, one unable to attend contacting the court in advance; a juvenile delinquency case sealed through the Probation Department at (530) 283-6200, which for a small fee prepares the paperwork and files it with the court; an attorney appointed for a child whose family cannot afford one, and for parents in dependency cases; parents possibly held responsible for attorney fees, probation department services and placement costs.
Traffic and criminal case fines and fees paid online through ePayIt with the case or ticket/citation number; by mail, a check or money order payable to Plumas Superior Court, 520 Main Street, Room 104, Quincy, CA 95971, with the case number and the reason for the payment, no cash; in person at the Plumas County Courthouse during normal business hours (cash, personal check, cashier's check, money order, Visa and Mastercard credit cards and debit cards with a PIN); by phone at (530) 283-6232; an ability-to-pay reduction of an infraction fine requested through MyCitations (misdemeanor and felony fines and fees not eligible).
The Online Mediation Orientation (approximately 45 minutes) completed by anyone attending mediation - the video California Child Custody Mediation: Focus on the Child's Needs watched in its entirety and the Family Court Services Information Presentation reviewed in its entirety - with a Certificate of Completion for each filled out and submitted to the court for filing.
Court records open unless confidential by law or sealed (California Rules of Court, Rule 2.550(a)), confidential cases open only to their parties on government-issued photo identification; juvenile court records obtained in person at the Courthouse with photo identification by the minor, parents or legal guardians and attorneys of record, never mailed (others under Rule 5.552(c)); records routinely purged under Government Code Section 68152; copies requested online (the Online Record Request eForm), in person or by mail - in person at the Clerk's Office in Room 104 with a completed Record Search Request form naming the case numbers and names, a maximum of 10 cases per request, per customer, per transaction (some files stored off-site); a records search fee (GC 70627(c)) for a non-party's searches requiring more than 10 minutes; copies at 50 cents per page, paid before they are made, in 5 to 7 court business days; by mail with a self-addressed stamped envelope and the $15.00 research fee for each case (returned if the search takes 10 minutes or less), the court calling to arrange payment of the copy and certification fees; cash, or a check or money order payable to Plumas Superior Court; judicial administrative records requested on the Request for Judicial Administrative Records form by U.S. Mail or e-mail, possibly for a fee.
Appearances by Zoom (video and audio, free of charge) or CourtCall (audio only, possibly for a fee to CourtCall); recording a court proceeding prohibited unless the judicial officer grants permission (CA Rules of Court, Rule 1.150), the court giving no technical support; remote participants abiding by the in-person rules - dressed appropriately, the microphone muted while waiting, unmuted with the camera on when the case is called, no background noise, the full name entered and visible the entire time, joining under the true first and last name and identifying the party's role and case number when admitted - or removal from the proceeding; traffic: a Zoom appearance requested by calling the Clerk's Office at (530) 283-6232 or emailing a Request for Remote Appearance to efiling@plumas.courts.ca.gov at least five court days before the hearing; adoption, civil, small claims, family law and probate: Judicial Council forms RA-010 and RA-015 (and RA-020) under CRC 3.672 and CCP § 367.75, requests by email; juvenile dependency: forms RA-025, RA-030 and RA-015; juvenile justice and criminal: a Request for Remote Appearance (form PSC-RA-040) filed and served on all other parties at least five court days before the hearing, by email to eFiling@plumas.courts.ca.gov or fax to (530) 283-6415, reviewed by the judge presiding over the case (Welfare and Institutions Code § 679.5 for juvenile justice), a personal appearance possibly required at any time; witnesses only with prior court approval on a petition; counsel without Zoom appearing through CourtCall (1 (888) 882-6878), a party without an attorney and without Zoom by the department's Zoom conference phone, muted until the case is called.
Local form PL-007 (adopted 6/23/26; form approved for mandatory use): a Request for Postponement of Traffic Court Trial filed at least 15 DAYS prior to the court trial hearing date, a request not filed timely possibly denied; a copy served on the Opposing Party, the Declaration of Service on the form completed, or the request denied; copies of supporting documents (plane ticket, doctor’s note, etc.) included, no continuance granted without a showing of good cause; Traffic Court Trials scheduled on the 4th Friday of each month at 1:30 p.m. in Department 2; the requesting party waiving time for trial; the Court considering the ex-parte application at the expiration of two days following completion of service (add 5 days for mailing), as unopposed in the absence of opposition; a party who objects filing an objection with the Court within 5 DAYS from the date of service, the Court otherwise deciding the request without that party’s input and notifying the parties of the new court date if a continuance is granted; the order block’s finding of good cause to re-set the trial more than 45 days beyond the arraignment date.
Claims of up to $12,500 for individuals and up to $6,250 for businesses, no more than two claims over $2,500 anywhere in California within a calendar year; no lawyer representing a party at the hearing; a filing fee from $30 to $100 or a fee waiver; the clerk scheduling the hearing approximately 45 days from the filing date; the defendant served by someone other than the plaintiff - personal service 15 days prior to the court date if the defendant resides in Plumas County, 20 days if outside it; substituted service 25 days before the court date (30 days outside the county) with a second copy mailed first-class to the same address; the Marshal or Sheriff of the defendant's county, a process server, or certified mail paid to the court, the proof of service returned to the court before the court date; parties arriving on time with photocopies of their evidence for each party and the judge, possibly exchanging documents in the hallway before the case is heard; proceedings not recorded by a court reporter; an interpreter requested in advance of the hearing; a motion to vacate (SC-135) within 30 days after the notice of entry of judgment was mailed, an appeal (SC-140) within 30 days; the Small Claims Advisor at (530) 283-6240.
Standing order, signed by the Presiding Judge: for the orderly administration of justice, public safety and courthouse security and the media’s fair and orderly access to information, no television or still cameras permitted to operate in any public area of the courthouse regarding any court case; no press conferences or interviews in connection with a court case in any public area of the courthouse, any area outside the courthouse where no entrance or exit is obstructed available for them; media personnel and other members of the public not to photograph, film or interview any jurors or prospective jurors serving in the courthouse, nor discuss any court case within earshot of jurors or prospective jurors; all cellular phones, pagers or other electronic devices turned off while in a courtroom; no photographing or filming through the courtroom doors when open, nor of a defendant entering or leaving the courthouse or courtroom, nor of any vehicle or persons accompanying a defendant; all conditions for media coverage subject to modification by the Court at any time, members of the media requesting a modification with sufficient time in advance of a hearing; the rights of photographers, recorders and broadcasters governed by California Rule of Court 1.150.
A courtesy notice mailed to the address on the citation (allow 5-6 weeks), a response to the citation required whether or not it arrives - the court called at (530) 283-6232 if no courtesy notice arrives at least five days before the appearance date; proof of correction (driver's license, insurance, registration or mechanical violations) submitted by mail or in person by the due date - the original signed-off correction, copies not accepted - with a $25 transaction fee for each corrected violation (Vehicle Code § 40611); a not guilty plea at an arraignment on the appearance date (no payment first), at a court trial (the fine paid before the trial date if no arraignment was attended) or by a trial by declaration (the total bail sent at least five days before the appearance date, the declaration forms returned by their due date, bail returned by mail within 6-8 weeks if found not guilty or dismissed, no monthly payments); traffic school by paying the bail and the $52 Traffic Violator School fee before the appearance date and submitting the certificate of completion within 90 days; a failure to appear possibly adding a misdemeanor charge (Vehicle Code § 40508), a civil assessment of up to $100.00 (Penal Code 1214.1) and referral to collections or the State Franchise Tax Board; a court date requested to explain a ticket that is not yours; the Plumas County Courthouse, 520 Main Street, Monday - Friday 8:00 AM to 3:00 PM.
Appendix B, Appellate Division Local Rules (effective 7/1/24; A to L): the Appellate Division will convene at times and places designated by the Presiding Judge of the Appellate Division (A); the Presiding Judge of each participating court or their designee to act as the Appellate Division Presiding Judge, rotating every two years, commencing January 1, 2020, in the order Modoc, Sierra, Lassen, and Plumas, to oversee the processing of appeals, appoint the panel judge(s) and act upon routine matters (B); all briefs bound on the top, with covers in colors as designated by California Rules of Court, rule 8.40(a), no copies required, briefs filed by fax or electronically not required to be bound (C); all motions, including ex parte applications, presented to the presiding judge of the Appellate Division or, in cases where a panel designation has been made, to the presiding judge of the panel (D); motions for augmentation and correction of the record or for additions under rule 8.841 to set forth the facts showing good cause and previous motions and to specifically identify each paper, record, or exhibit or portion of the proceedings requested (E); sessions not reported by a court reporter unless a party so requests at least one week prior to the hearing (F); applications for a waiver of fees and costs made under rule 8.818 (G); a defendant appealing a misdemeanor conviction who was represented by appointed counsel, or has met the criteria, entitled to appointed counsel on appeal, applications under rule 8.851, appointments made from the list of attorneys maintained by the Appellate Division (H); electronic filings accepted during normal business hours, each document to contain the phrase “Electronically Submitted” immediately below its title, a party who files a signed document electronically represents that the original is in his or her possession or control, any other party may serve a demand for production of the original, filings sent to appeals@plumas.courts.ca.gov with a cover sheet with the name, address, telephone number and email address of the party, the date submitted, the document submitted and the total number of pages, and a filer may apply for an order deeming documents received nunc pro tunc when a technical problem precludes the court from receiving them (I); the presiding judge of the panel may permit appearances by videoconference at oral argument provided all the following conditions are met (J); a judicial officer may order that an official electronic recording be transmitted as the record of oral proceedings in a limited civil, misdemeanor or infraction case when the appellant elects a statement on appeal (K); and except as modified, the California Rules of Court (commencing with rule 8.800 et seq.) apply to the Appellate Division, applications presented to the designated presiding judge of the panel or the Presiding Judge of the Appellate Division (L).
Rule 1 (Rules 1.1 to 1.12): the rules known as the Plumas County Superior Court Local Rules become effective July 1, 2026 and supersede all local rules previously adopted, applied in such a manner to not conflict with the California Rules of Court, a rule found to conflict with any statute, rule, or decision deemed to conform with it (1.1); if any counsel, party, person or entity fails to comply, the court on motion of a party or its own motion may strike out all or any part of a pleading, dismiss the action or proceeding, enter a judgment by default or impose other penalties, and may order the offending attorney, party, person or entity to pay reasonable costs, including attorney fees (1.2); under Government Code section 68634(d), the court delegates to the Clerk the authority to grant applications for an initial fee waiver that meet the standards of Government Code sections 68632 and 68633, some fee waiver applications referred for judicial review and determination (1.3); once an attorney has made a general appearance, that attorney shall appear in the department to which the matter has been assigned at or before the time set for any proceeding (1.4(a)); the attorney may appear at or before the start of the calendar to notify the court the attorney will be late due to an appearance in another department, and may seek approval of the court to leave (1.4(b)); an attorney shall not be late for or fail to appear at a court appearance except for good cause shown (1.4(c)); the rules of Courtroom Decorum apply in all Superior Court proceedings unless a judicial officer orders otherwise (1.5(a), 1.5(b)); each attorney who appears in court should be polite and considerate toward opposing counsel, opposing parties, witnesses, and members of the court’s staff, and make reasonable efforts to advise clients, witnesses, and others accompanying them of these rules (1.5(c)); all attorneys appearing in court or remotely by video shall be dressed in business attire, no person dressed in attire which tends to interfere with the functioning of the court, Bailiffs to remove any person who violates this rule (1.6); all computers and electronic devices, including cell phones, pagers, and personal digital assistants, turned off before entering the courtroom, a laptop computer or electronic device used only if expressly authorized by the sitting judge at the hearing, no device handled as to indicate a picture, audio or video recording is being taken, violators subject to contempt of court and/or confiscation of the computer or device (1.7); all counsel and parties are required to be present at any contested hearing unless otherwise permitted by the court, counsel and parties may appear remotely at Civil and Family Law Case Management Conferences and for other hearings as permitted, and counsel may apply for a remote appearance using the request forms on the court’s website (1.8); the court uses the Zoom application to conduct remote proceedings (1.8(a)); CourtCall at (888) 88COURT or an AT&T conference line when one of these methods is ordered by the court (1.8(b)); one Official Court Reporter, who may be contacted through the Court Clerk’s Office at (530) 283-6232 (1.9(a)); a party has the right to arrange, at the party’s own expense, for a court reporter if the services of an official court reporter are not available (1.9(b)); in civil, family law cases, or any other matter where the Official Court Reporter is not provided, the parties requesting reporting services to pay in equal proportion the appropriate fee to the Clerk of the Court prior to the confirmation of the reporter’s availability, reporting services deemed waived if the entire fee is not paid (1.9(c)); only one reporter allowed to report a court proceeding at any given time, the judicial officer to make the selection if the parties cannot agree (1.9(d)); a party may arrange for a certified shorthand reporter to serve as an official pro tempore reporter, the reporter’s fee that party’s responsibility (1.9(e)); a party with a fee waiver granted and requesting a court reporter must file Judicial Council form FW-020 with the court at least ten (10) calendar days prior to a hearing (1.9(f)); the judicial officer may order a party who arranges for the transcription of proceedings by the official reporter pro tempore to lodge a copy of the transcript, a person requesting a draft transcript to first obtain an order from the Superior Court Judge and sign a disclaimer, and parties wanting transcripts in a civil matter to contact the court reporter for an estimate and a deposit (1.9(g)); the court adopts rule 2.300 et seq. of the California Rules of Court, allowing the facsimile filing of civil, probate, and family law documents, with a 15-page limit on filings by fax (1.10(a)); a party may file by fax/email using the facsimile number(s) and email address on the court’s website, the Judicial Council Facsimile Transmission Cover Sheet (form MC-005) the first sheet transmitted, with the credit card information including the 3- or 4-digit security code notwithstanding a Fee Waiver, the Telephone Number and E-Mail Address fields deemed required (1.10(b)); documents received by the court on or before 4:00 PM PST on a court business day file stamped with the court date received, documents received after 4:00 PM PST file stamped received the following court business day, a filing received at the time the last page is received (1.10(c)); if the card issuing company rejects the charge, the court may call the filing party to seek alternate payment and/or mail a Notice of Return, a document rejected for filing re-submitted as an entire document, including the cover sheet (1.10(d)); upon approval and acceptance a receipt of payment delivered to the e-mail address on form MC-005, the return of a conformed copy requested on form MC-005 with the applicable processing and/or mailing fees, and documents not eligible for electronic filing - sealed documents, subpoenaed documents, bonds, undertakings, original wills/codicils, exhibits, copy requests, writs/abstracts and any document to be submitted in paper format as ordered by the court (1.10(e)); the court adopts rule 5.522 of the California Rules of Court, allowing the persons and agencies of rule 5.522(c) to file specified juvenile dependency documents by fax, each document accompanied by Judicial Council form JV-520 as the first page transmitted (1.11(a), 1.11(b)); documents received by the court on or before 4:00 PM PST on a court business day file stamped with the court date received, documents received after 4:00 PM PST file stamped received the following court business day (1.11(c)); and a day of vacation for judges in the Plumas Superior Court defined as any full day absence from the court (1.12).
Rule 10 (Rules 10.1 to 10.9): the Plumas Superior Court Delay Reduction Program under the Trial Court Delay Reduction Act of 1986, the court to actively manage subject actions, the goal of the Program - of unlimited civil cases 75% disposed of within 12 months, 85% within 18 months and 100% within 24 months, of limited civil cases 90%, 98% and 100% - each case set for trial as soon as appropriate (10.1); all civil cases subject to the Program except probate, guardianship, conservatorship, family law, adoptions, small claims, unlawful detainer, small claims appeals, writs, civil petitions, sister state judgments, water rights and juvenile court proceedings (10.2); other law and motion matters set and noticed in the appropriate law and motion department (10.3); the clerk shall provide a Delay Reduction Program Notice (PL-007) at the filing of the initial paper, a copy served upon each other party with the Summons, and any party filing a Cross-Complaint to serve a copy on new Cross-Defendants (10.4); the Complaint served and proof of service filed within 60 days after its filing, an added Defendant within 30 days (10.5(b)); a Cross-Complaint against a party who has appeared accompanied by proof of service, new parties served and proof filed within 30 days (10.5(c)); the parties may stipulate without leave of court to one 15-day extension of the response, with written notice to the court (10.5(d)); an application to extend the time to serve filed before the time for service has elapsed, with a declaration of the efforts (10.5(e)); the Plaintiff must file a Request for Entry of Default within 10 days after the time of service has elapsed (10.5(f)); the party must obtain a Default Judgment within 45 days after entry of default (10.5(g)); the court shall review each general civil case no later than 180 days after the filing of the initial complaint, notice of the initial case management conference given to all parties no later than 45 days before it, counsel for each party and self-represented litigant to appear personally or, if permitted under rule 1.8, remotely, the parties to meet and confer no later than 30 days before the conference, each party to file a case management statement on the mandatory CM-110 form and serve it no later than 15 calendar days before the conference, with a specific description of the case and damages, the discovery dates and the Attorney of Record, the parties to jointly complete and file the ADR stipulation form if all parties agree, and the case management order to control the subsequent course of the action (10.6); further case management conferences with the same duties (10.7); no At-Issue Memorandum filed in a subject case, requests for trial made on the case management statement together with request for court reporter services (10.8); and the responsibility of the case management judge the just and effective processing of each subject case through active management and supervision of the pace of litigation (10.9).
Rule 11 (Rules 11.1 to 11.7): at the time of the filing of the original complaint the plaintiff notified that an OSC re: Dismissal will be issued in 45 days if the case has not been adjudicated or a request to Set Case for Trial (UD-150), a Stipulation for Entry of Judgment (UD-115) or a conditional settlement has not been filed (11.1); proof of service of the summons and complaint filed within 30 days of the filing of the original complaint (11.2(a)); any proposal for an order for service by publication, or posting, to contain the date by which such service will be completed (11.2(b)); the Request to Set Case for Trial (UD-150) filed within 45 days of the filing of the original complaint (11.3(a)); should the request not be filed within the time specified, an Order to Show Cause shall issue (11.3(b)); the trial date assigned under the direction of the judge assigned to the civil division (11.3(c)); a party desiring a jury trial to make demand at the time of filing the Request to Set Case for Trial or by written demand within five (5) days following the filing of the Answer or the expiration of time to answer (11.4(a)); jury fees deposited with the Clerk’s Office at least five (5) days prior to the date of trial, failing to timely file jury fees will result in waiver of jury trial (11.4(b)); whenever a case has been settled, the attorneys or parties shall immediately notify the court under California Rules of Court, rule 3.1385 (11.5(a)); the plaintiff shall file with the court a dismissal, stipulated judgment or conditional settlement (11.5(b)); at least five (5) days prior to the start of trial both parties shall file and exchange the list of witnesses and the list of exhibits, each exhibit pre-marked (plaintiff numerically, defendant alphanumerically), a brief statement of the case, pre-trial evidentiary or in limine motions and, for jury trials, proposed jury instructions in the following format (11.6); and on a default the plaintiff shall file and serve the mandatory Judicial Council of California form CV-100 Request for Entry of Default and file the Judgement and a declaration, form UD-110 Judgment and/or UD-116 Declaration for Default Judgment adopted for optional use (11.7).
Rule 12 (Rules 12.1 to 12.3): upon the filing of a petition for guardianship the Court shall order the appropriate level of guardianship investigation, the petitioner required to pay for it at a cost determined by the court, unless there has been approval of a fee waiver (12.1); 12.2 reserved (12.2); and the Bias Informal Complaint Policy - the Court shall ensure that courtroom proceedings are fair and impartial and refrain from and prohibit conduct that exhibits bias based on race, religion, ethnicity, national origin, socioeconomic status, disability, age, gender, or sexual orientation, an individual with a concern may submit a written Notice of Concern to the Presiding Judge or Court Executive Officer which identifies the courtroom participants and the conduct, the procedure intended to educate rather than discipline, the Court to protect confidentiality to the extent possible, legitimate advocacy exempt, and formal complaints sent about a judge to the Commission on Judicial Performance, about a commissioner or the Court Executive Officer to the Presiding Judge, about court staff or a court contractor to the Court Executive Officer, about an attorney to the State Bar of California and about a courtroom bailiff to the Plumas County Sheriff’s Office (12.3).
Rule 2 (Rules 2.1 to 2.13): this Rule applies to all Civil Law and Motion proceedings (2.1); all documents presented for filing must comply with California Rules of Court, rule 3.1110 through 3.1115 (2.2); the format of papers to conform to rule 3.1110 (2.2(a)); their length to the limits of rule 3.1113(d), the court to freely grant applications to file a longer pleading in the interest of justice (2.2(b)); a Motion filed in a civil case accompanied by a Proposed Order, and a Proposed Order on behalf of the opposing party to accompany the Opposition Memorandum (2.2(c)); all moving and supporting papers served and filed under rule 3.1300 of the California Rules of Court and Code of Civil Procedure section 1005, the parties may stipulate for additional time and the court may extend the time on good cause (2.3); Civil Law and Motion matters heard in Department 2 and calendared according to master calendar dates listed on the court’s website, counsel to contact the court for a longer hearing if the matter will take more than 20 minutes (2.4(a)); Case Management Conferences heard generally on the second and fourth Mondays of the month, scheduled at 1:30 p.m. when at least one party is appearing remotely and at 2:00 p.m. when no one is (2.4(b)); the Clerk to post a general schedule showing the days and times for each type of Law and Motion hearing (2.4(c)); counsel must advise the court at the earliest possible time of motions that go off calendar (2.4(d)); attorneys wishing to continue a hearing may submit a signed stipulation and order together with the filing fee, or stipulate to put the matter on the Case Management Conference calendar for resetting, arrangements made at the clerk’s office 530-283-6305, a stipulation to continue without a new hearing date not sufficient, and no more than one continuance permitted by stipulation of the parties without a court order (2.5); all applications for ex parte orders, including orders shortening time, supported by an affidavit or declaration showing good cause (2.6(a)); an application not made ex parte unless it appears by affidavit or declaration that the opposing party or counsel was informed when and where the application would be made, that the party in good faith attempted to inform them but was unable to do so, or why the party should not be required to inform them (2.6(b)); on Thursday afternoon prior to the Civil Law and Motion Calendar, the court will post the tentative rulings on the Plumas Superior Court website (2.7); the court recommends that parties submit an extra copy of moving and opposition papers at the time of filing, the clerk to deliver the courtesy copy to the assigned Judge (2.8(a)); prior to filing a motion parties must meet and confer in good faith and file a Declaration detailing the efforts (2.8(b)); all motions for Summary Judgment or Summary Adjudication must conform to Code of Civil Procedure Section 437c and rules 3.1350, 3.1352, and 3.1354, submitted with an extra copy for the assigned judge (2.9); Demurrers, and papers in Opposition, submitted with an extra copy for the assigned judge, demurrers and Motions to Strike in limited civil actions to comply with Code of Civil Procedure Section 90 et seq. (2.10); discovery conducted in the most expeditious and least expensive manner, the court to expect counsel to attempt to resolve any differences prior to filing any motions (2.11); in actions on promissory notes and contracts providing for payment of attorney fees, a schedule for a default action - 25% of the first $2,000 with a minimum fee of $300, 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 amounts in excess of the first fifty thousand dollars, the court to fix fees for recoveries in excess of $150,000 - and for a contested action the same amount increased by reasonable compensation (2.12(a)); when the defendant is the prevailing party, the fees reasonable compensation (2.12(b)); the clerk to include attorney fees computed under the schedule in a clerk's judgment (2.12(c)); an application for attorney fees in excess of those allowed by this rule made to the court, supported by declarations (2.12(d)); and in actions for unlawful detainer for possession of residential property, attorney’s fees that will not, under normal circumstances, exceed $200.00 in cases by default, $300.00 in cases uncontested at trial with a default prove up hearing, $500.00 where a represented party and a self-represented litigant commence a contested trial, and $750.00 where both parties are represented by counsel (2.13).
Rule 3 (Rules 3.1 to 3.8): upon the initial filing of a civil action or proceeding, other than juvenile, probate, family law, domestic violence, or civil harassment, the Clerk shall set the matter for a first case management conference on the case management calendar closest to, but not less than 180 days from the date of filing, and issue a notice of case management conference with the summons, the plaintiff to serve the notice along with the summons and complaint (3.1); a request to exempt a case from the Delay Reduction Rules by written motion supported by a declaration showing good cause, a stipulation does not establish good cause (3.2); service of the complaint within 60 days of filing (3.3(a)); service of the responsive pleading within 30 days after service of the complaint (3.3(b)); discovery to commence at the earliest practicable date (3.3(c)); the first case management conference approximately 180 days after filing (3.3(d)); all discovery other than depositions of expert witnesses completed by 240 days after filing (3.3(e)); stipulated extensions under Government Code section 68616 in writing and filed, other extensions only after a written motion supported by a declaration of good cause (3.3(f)); a completed Case Management Statement on Judicial Council form CM-110 filed no later than 15 calendar days before the conference and served on all other parties (3.4); counsel for each party, and each party not represented by counsel, shall attend the Case Management Conference, either in person or remotely (3.5); failure to comply with these Local Court Rules or California Rules of Court, rules 3.720-3.735 and 3.740 shall result in an Order to Show Cause Re: non-compliance and reasonable monetary sanctions (3.6(a)); repeated failure an Order to Show Cause Re: Dismissal (3.6(b)); the court will make every effort to see that every case has the opportunity to go to mediation, arbitration or a settlement conference, counsel given the opportunity to select a private mediator of their choice, including one from another area, the case placed back on the Case Management calendar to confirm the identity of the mediator/arbitrator and the date and time, a follow up Case Management Conference to confirm that it went forward, counsel not required to appear if it results in the resolution of the dispute but to notify the court (3.7); the court will schedule a Mandatory Settlement Conference for all cases, all parties and their agents with authority to settle will attend, failure to attend may result in sanctions (3.8(a), 3.8(b), 3.8(c)); no remote appearance without prior approval by the court, allowed only under extraordinary circumstances (3.8(d)); the parties shall file and serve a Settlement Conference Statement no later than 5 p.m. on Friday at least 1 week prior to the hearing or as set by the judge (3.8(e)); good faith efforts to settle made at the Settlement Conference (3.8(f)); all persons whose consent is required to effect a binding settlement personally present unless excused by the assigned judge - the plaintiff(s) and their attorney(s), the defendant(s), their attorney(s) and, if the defendant is insured, the attorney for the carrier and the claims adjuster, and an authorized representative of a corporation or other business or governmental entity (3.8(g)); each with full authority, the attorney assigned to try the case present (3.8(h)); and the statement to identify each plaintiff and defendant with the attorney of record, each outstanding lien claimant, each insurance carrier, the facts of the case, the theory of the case and damages, the defendant’s position, the disputed legal and factual issues, all 998 offers and the best offer made by each party, the settlement and ADR efforts, the anticipated length of trial and the witnesses, the carriers to which a defense tender has been made, and any attachments (3.8(i)).
Rule 4 (Rules 4.1 to 4.4): all matters, except trials governed by the Family Law provisions, generally set for trial at the first Case Management Conference, the trial date determined by the court (4.1); a Trial Readiness Conference set when the matter is set for trial, at least three weeks prior to the commencement of the trial, counsel or self-represented litigants to file a Trial Brief five days prior to the Trial Readiness Conference/ Final Trial Status Conference, counsel prepared to submit a Statement of the Case, voir dire questions, depositions, exhibits for marking, motions in limine and proposed jury instructions (4.2); civil jury and bench trials scheduled to commence at 9:00 a.m., lunch between 12:00 p.m. and 1:30 p.m., proceedings generally to recess at 4:15 each day, the court generally follows a 6-pack method of jury selection and will generally give preference to the oldest case (4.3); Final Status Conferences on 2nd and 4th Mondays at 2:00 p.m. approximately 3 weeks prior to the scheduled trial date, all trial counsel must attend the final trial status conference in person unless excused, and at least ten (10) calendar days prior to the FTSC the parties/counsel shall serve and file the trial readiness documents - trial briefs, numbered motions in limine, a joint statement of the case for jury trials not to exceed 2 paragraphs, a joint witness list, a joint list of proposed jury instructions and full-text instructions, a joint verdict form, a joint exhibit list and a joint chart of page and line designations (4.3); counsel must provide a joint trial binder for the court at the FTSC, organized by tab (4.3); motions in limine only after a good faith meet and confer, any party seeking to file in excess of 10 motions in limine to contact the court to schedule a Motions in Limine Conference, five motions deemed filed and deemed granted, motions after the deadline only for witnesses whose depositions were taken after it, filed within 36 hours (4.3); exhibits pre-marked using Arabic numerals, exchanged at least five (5) calendar days before the FTSC and lodged on the first day of the trial, five sets of exhibit binders required, native format digital exhibits on a stripped electronic device (4.3); and advance jury fees paid pursuant to Code of Civil Procedure section 631, the demanding party to deposit a sum equal to one day's jury fees and mileage at the commencement of the second day and each succeeding day, any other party may preserve their right to jury trial by depositing the fees, and if no other party deposits the required jury fees, the jury is waived (4.4).
Rule 5 (Rules 5.1 to 5.7): the defendant expected to enter a plea at the first appearance for arraignment, entry of a plea will not constitute a waiver of the defendant’s right to demur (5.1); at the arraignment the court shall set the dates for the trial, a Readiness Conference no later than 21 days prior to the trial date, and the filing and service of motions, all pretrial motions set for hearing on or before the date set for the Readiness Conference (5.2); except for motions to be heard at a felony preliminary examination, moving papers with a Memorandum of Points and Authorities served and filed at least ten (10) court days before the hearing, opposing papers at least five (5) court days and reply papers at least two (2) court days prior, proof of service filed no later than five (5) court days prior (5.3(a)); the memorandum with a statement of the case or facts and page references, its absence may be deemed an abandonment of the motion, a copy of the current Complaint, Information or indictment attached for a Demurrer, Motion to Strike, or Motion to Dismiss (5.3(b)); a Penal Code section 1538.5 motion to be heard at the preliminary examination filed and served at least five (5) court days prior, the People may file and serve a response at least two (2) court days prior, other motions to suppress filed and served under this rule, each with an itemized list, the legal and factual basis and copies of the search warrant, affidavit and inventory (5.3(c)); discovery reciprocal under Penal Code section 1054 et seq., a standing order deemed made at arraignment, an informal request, in writing, required before a discovery motion, counsel to meet and confer in a good faith effort before the hearing of any discovery motion (5.4); Trial Readiness Conferences set no later than twenty-one (21) days prior to the first day of the jury trial, all parties to confirm to the court that all discovery has been provided, all substantive motions heard and subpoenas served, trial counsel and the defendant personally present, the prosecuting attorney with authority to dispose of the case, the list of witnesses, the list of exhibits and any in limine motions filed and served (5.5(a)); motions to continue jury trials disfavored and denied unless the moving party demonstrates good cause under Penal Code section 1050 (5.5(b)); CALCRIM instructions used whenever applicable, modified instructions to specify the respect in which they have been modified, other instructions to indicate their source or authority, trial counsel to submit proposed jury instructions in the format of rule 2.1055 with an index (5.6); and no misdemeanor case referred to the Plumas County Probation Department for a presentence investigation report unless it involves a sex offense or crime, domestic violence or child abuse, or the court determines good cause exists (5.7).
Rule 6 (Rules 6.1 to 6.22): these Rules apply to all matters related to the Family Law Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, and the Uniform Child Custody Jurisdiction and Enforcement Act (6.1); all documents presented for filing in conformance with the California Rules of Court and with Rule 2, Judicial Council forms used for all filings for which they have been adopted (6.2); Case Management Conferences set in all family law matters involving dissolution, legal separation or nullity and in cases to establish parental relationships (6.3); upon the filing of a family law petition, the Clerk will provide the Petitioner with two (2) copies of the Notice of Family Law Case Management Conference and a blank Case Management Conference Statement, one copy served on Respondent, the statement filed 10 days prior to the conference (6.3.1); Family law Case Management Conferences generally held on the first and third Mondays of each month (the following Wednesday after a court holiday), the initial conference at least 120 days after the filing of the petition, parties may file Case Management Conference Statement local form PL 001 prior to the hearing (6.3.2(a)); the court may order a discovery schedule, mediation, further documents, a mandatory settlement conference or trial setting, an order dismissing the action or imposing sanctions, a meet and confer, or further Case Management (6.3.2(b)); the court uses the Zoom application to conduct remote proceedings (6.3.2(c)); the previously established living situation of the child(ren) not radically altered pending a hearing, any application to change it to include the current court order, the child-sharing schedule, any change of residence in the previous 120 days, the proposed time-sharing plan and the reasons (6.4(a)); a professional or nonprofessional provider of supervised visitation must meet the qualifications of Family Code section 3200.5 (6.4(b)); any dispute regarding custody and/or visitation referred to mediation, the parties complete the intake packet and the mediation orientation presentation on the court’s website and must provide the completed intake packet to the court clerk’s office to schedule the date and time for mediation, (530) 283-6232 (6.5(a)); a complaint about a mediator made in writing to the Court Executive Officer, who will conduct an investigation and report the findings in writing within 30 days (6.5(b)); generally only the two parents and the mediator in attendance, the mediator has discretion to allow a Domestic Violence Support Person (6.5(c)); if the parties reach an agreement the mediator will have them sign it and present it to the court, if they are unable to reach a full agreement the mediator must submit recommendations, a copy of any agreement or recommendation provided to the court, all counsel and all self-represented parties (6.5(d)); the recommendations can be reviewed at a hearing noticed by the parties, a party who wants to examine the mediator has the responsibility to secure the mediator’s attendance as a witness, the mediator may appear remotely (6.5(e)); no ex parte communication by the mediator with the Judge except on questions regarding procedure (6.5(f)); a person who wishes to challenge the assignment of a child custody evaluator should do so by filing a notice of the challenge with the Court Executive Officer within 10 calendar days after receiving the notice of assignment, a written determination sent within 5 days (6.6(a)); the report of the child custody evaluator sent to the court, the parties, and their attorneys prior to the court date set to receive it (6.6(c)); all payments made to the Plumas Superior Court, the custody evaluator may unilaterally cancel the evaluation if a party should fail to make payments (6.6(d)); a current Income and Expense Declaration filed by each party where support is at issue, wage earners must attach legible copies of their paycheck stubs for the most recent two months, all social security information deleted (6.7); the parties may be asked to provide legible copies of their last three state and federal income tax returns (6.8); every motion to modify support shall set forth the date and amount of the prior order, the supported spouse to be prepared to give evidence of compliance with Family Code section 4330 (6.9); counsel and the parties must meet and confer in good faith and exchange all documentary evidence prior to any hearing, a failure may result in the matter being dropped from the calendar or continued (6.10); a family law case put on the case management calendar for trial setting by filing a Family Law At Issue Memorandum, prior to filing it the filing party to verify that a responsive pleading has been filed, serve the Preliminary and Final Declaration of Disclosure, receive the other party’s Declaration of Disclosure or a waiver, provide discovery responses and meet and confer on trial dates (6.11); the Family Law Commissioner shall hear all Title IV-D support cases, support enforcement, and other family law matters as assigned, on the calendar on the court’s web site (6.12); remote appearances in Title IV-D cases permitted under California Rule of Court 5.324 (6.13); at the hearing the court shall designate one counsel to prepare the written Order After Hearing (OAH), submitted to the other counsel/party for approval as to form and to the court within 14 days following the hearing, directly to the court with a declaration if opposing counsel does not respond within five days (6.14); no award of child support, spousal support or attorney fees without an attached written agreement or sufficient information, including an Income and Expense Declaration (6.15(a)); no division of community property or confirmation of separate property without an attached agreement or a Property Declaration served with the Request to Enter Default (6.15(b)); a denial of visitation or supervised visitation by default only on a factual Declaration under penalty of perjury mailed with the Request to Enter Default, proof of mailing filed (6.15(c)); a stipulated waiver of the final declaration of disclosure signed under penalty of perjury in accordance with Family Code 2105(d) (6.16); all contested family law cases set for a settlement conference, the parties and the attorneys present (6.17(a)); at least one week prior, each party shall prepare, file and serve a Settlement Conference Statement with the issues and contentions, statistical information, current orders, witness lists and a current, updated Income and Expense Declaration (6.17(b)); the trial conducted in accordance with the rules and procedures for all other civil trials (6.18); an office of Family Law Facilitator with all the duties allowed under Family Code section 10000 et seq. (6.19); complaints concerning the Family Law Facilitator submitted in writing to the Court Executive Officer, the court to investigate and respond within thirty (30) days after receipt of the complaint (6.20); a judge will only grant ex parte relief if the party requesting it shows a risk of irreparable harm or immediate danger under Family Code section 3064 and California Rules of Court rule 5.151(d) (6.21); and all requests for attorney's fees and costs shall comply with rule 5.427 (6.22).
Rule 7 (Rules 7.1 to 7.14): the rule adopted to comply with Division 3 of the California Rules of Court (7.1); all attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence, including attorneys representing or employed by public agencies and attorneys appointed by the court (7.2(a)); every party represented by counsel entitled to competent counsel (7.2(b)); attorneys expected to meet regularly with clients, contact social workers and adhere to mandated timelines (7.2(c), 7.2(d)); each attorney appointed shall complete eight hours of education and training in juvenile dependency law, or have previous experience in dependency proceedings in which the attorney has demonstrated competence, a Certificate of Competency obtained from the Court Clerk (7.3(a)); a Certificate of Competency completed by the attorney of record and submitted within 20 days of the first appearance in a dependency matter (7.3(b)); failure to submit it will cause the court to notify the attorney that the right to practice in dependency proceedings is revoked, the attorney shall have 30 days from mailing of the notice to submit it, then an order prohibiting the attorney from practicing in dependency proceedings (7.3(c)); the attorney for a child must have a caseload that allows the duties of Welfare and Institutions Code 317(e) (7.3(d)); the court will only appoint counsel certified by the Court, billing forwarded to the court with documentation for approval (7.4); the attorney shall thoroughly investigate the allegations and reports and conduct a comprehensive interview with the client (7.5(a)); the attorney not required to meet a client incarcerated or committed out of Plumas County (7.5(b)); a written complaint about an appointed attorney lodged with the Court, the Court to give the attorney 15 days from the date of the notice to respond, the Court’s determination final (7.6); any interested person may notify the Court that a dependent minor may have an interest or right to be protected or pursued in another forum, by filing Judicial Council form JV-180 or a declaration, the Court then to authorize the minor’s attorney, appoint an attorney or a guardian ad litem, notice a joinder hearing pursuant to W & I 632 or take other action (7.7); the discovery provisions of California Rules of Court, rule 5.546 adopted (7.8(a)); pre-hearing discovery conducted informally (7.8(b)); formal discovery only by noticed motion served on all parties at least 5 judicial days before the hearing date (7.8(c)); no depositions, interrogatories or similar civil discovery without approval of a Judge of the Juvenile Court upon noticed motion (7.8(d)); the social worker’s narratives made available to all counsel at least 10 calendar days before a contested hearing and any updated records 2 calendar days before (7.8(e)); jurisdictional and dispositional reports due at least 48 hours before the hearing (7.9(a)); status review reports at least 10 calendar days before (7.9(b)); all other reports not less than 48 hours before (7.9(c)); proposed modifications to the petition exchanged 48 hours prior to the jurisdiction hearing (7.9(d)); the names and reports of experts at least 10 days before the hearing (7.9(f)); reports of a CASA advocate not less than 48 hours before (7.9(g)); a Settlement Conference held prior to every contested hearing (7.10(a)); the attorneys, all parties and a representative of Children's Services with authority to settle present (7.10(b)); detention hearings no later than the end of the next Court day after a petition has been filed (7.11(a)); a jurisdiction hearing begun within 30 calendar days from the date the petition was filed, or within 15 Court days from the date of the detention order if the child is detained (7.11(b)); the disposition hearing begun within 10 days from the date the petition was sustained if the child is detained, and if the child is not detained no later than 30 calendar days after jurisdiction is found (7.11(c)); the Court required to review the status of every dependent child within six months and at least every 6 months thereafter, the removed child within 12 months, and a review no later than 18 months (7.11(d), 7.11(e), 7.11(f)); a Notice of Intent to file a writ petition filed within 7 days of the order setting a hearing under W & I 366.26, with an extension of 5 days if the party received notice only by mail (7.11(g)); the writ petition within 10 days after the filing of the record (7.11(h)); a response within 10 days (7.11(i)); the selection hearing within 120 days (7.11(j)); a Notice of Appeal within 60 days after the judgment (7.11(k)); juveniles issued citations for infractions ordered to appear in traffic court, their parents notified prior to the traffic court date if a petition is to be filed in the Juvenile Court (7.11); infractions those defined in Penal Code 19.6 and 19.8 (7.12); the Juvenile Court will require the appearance of the juvenile and at least one parent, which may be excused for good cause shown (7.13); and such infraction proceedings excluded from the rules of confidentiality usually applicable to juvenile matters under Welfare and Institutions Code 603.5 (7.14).
Rule 8 (Rules 8.1 to 8.10): the court adopts the guidelines for the Court Appointed Special Advocate Programs (CASA) of Welfare and Institutions Code Sections 100-109, 356.5, California Rule of Court 5.655 and the policy and procedures manual of the Plumas County program, Special Advocates trained by and to function under CASA, which shall report regularly to the Presiding Judge of the Juvenile Court (8.1); Special Advocates serve at the pleasure of the court, their functions to support the child, to communicate the child’s needs and desires to the Court in written reports and recommendations, to explore potential resources and to coordinate efforts with the case manager and the child’s attorney (8.2); each Special Advocate sworn in by a Judge or Court Commissioner (8.2(b)); the duties set in the order of appointment (8.2(c)); the order of appointment granting the authority to review specific relevant documents and interview parties (8.3(a)); the same legal right to records relating to the child as a case manager, no consent from the parent or guardian necessary (8.3(b)); a Special Advocate a mandated child abuse reporter (8.3(c)); ongoing, regular communication among the Special Advocate, case manager, child’s attorney, attorneys for the parents, relatives, foster parents, and any therapist (8.3(d)); the moving party shall provide the Special Advocate timely notice of any motions (8.4); a Special Advocate’s matters should be granted priority on the Court’s calendar whenever possible (8.5); a special advocate shall regularly visit the child and monitor the case until dependency is dismissed (8.6); the Special Advocate’s appointment may be continued in the family law proceeding under Welfare and Institutions Code 362.4 (8.7); the right to be present and be heard at all Court hearings, not a party, amicus curiae status at the Court’s discretion (8.8); CASA reports submitted to the Court at least 5 Court days prior to the hearing, CASA to serve a copy of the report on the parties at least 2 Court days prior (8.9); and resignation or removal under Rule 5.655(j) (8.10).
Rule 9 (Rules 9.1 to 9.4): the criminal, family and juvenile law departments to communicate and exchange information with each other prior to issuing protective orders and child custody and visitation orders (9.1); the family court or the juvenile court shall not issue a protective order or custody order in conflict with the order of the criminal court, the orders of the criminal law proceeding to control (9.2); a court issuing a criminal court protective order may, after consultation with the family or juvenile court, modify it to allow or restrict contact between the restrained person and his or her children (9.3); multiple restraining orders protecting the protected person enforced in priority under Code of Civil Procedure 527.12(d)(2), Penal Code Section 136.2 and Family Code Section 6383(h)(2) and 6405(b) (9.4); the provisions of an Emergency Protective Order (EPO) more restrictive than the other orders enforced, and the provisions of another order that do not conflict with the EPO enforced (9.4(a)); a no-contact order enforced (9.4(b)); if none of the orders are an EPO or a no-contact order, the most recent Criminal Protective Order (CPO), a CPO issued in a criminal case involving domestic violence or charges requiring sex offender registry enforced over any civil court order (9.4(c)); and among civil restraining orders the order issued last (9.4(d)).
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.