SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

Transcription

1 LOCAL RULES OF THE SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA Effective: January 1, 2011

2 Title 1. General and Administrative Rules Table Of Contents Chapter 1 General and Administrative Rules Page No. Rule 1.1 Citation and effect of rules 1-1 Rule 1.2 Construction and application of rules 1-1 Rule 1.3 Effective date of these rules 1-1 Rule 1.4 Forms [Reserved] 1-1 Rule 1.5 Definitions 1-1 Rule 1.6 Judges vacation day 1-2 Rule 1.7 [Reserved] 1-2 Rule 1.8 Facsimile filing 1-3 Rule 1.9 Filing of documents in civil, family, and probate matters 1-4 Rule 1.10 Composition of jury panels 1-4 Rule 1.11 Protocol regarding inter-court communication of domestic violence restraining orders 1-5 Rule 1.12 Forms [Reserved] 1-10 Rule 1.13 Failure to comply with these rules 1-10 Chapter 2 Policies Page No. Rule 2.0 Policy against bias 1-10 Title 2. [Reserved] Page No. Title 3. Civil Cases Chapter 1 Rules Applicable to All Civil Cases Page No. Rule 3.1 Title 3-1 Rule 3.10 Application 3-1 Rule 3.20 Designation of civil cases 3-1 Rule 3.25 Status or case management conference 3-2 Rule 3.26 Notice of death 3-2 Rule 3.30 Law and motion 3-3 Rule 3.35 Standing pretrial orders 3-3 Rule 3.50 Requirement for finding reasonable diligence for substituted service 3-7 Rule 3.60 Default matters 3-7 Rule 3.70 Recovery of costs and attorney fees when judgment is for amount within small claims court jurisdiction 3-7 Rule 3.90 Failure to comply with these rules 3-8 Rule 3.95 Court reporter fees 3-8 Rule 3.97 Return of exhibits 3-8 TOC - 1

3 Chapter 2 Limited and Unlimited Civil Cases Page No. Rule Title 3-9 Rule Application of this chapter 3-9 Rule Assignment of cases 3-9 Rule Notice of assignment 3-9 Rule Service of notices 3-10 Rule Designation of assigned judge in subsequent documents 3-11 Rule [Reserved] 3-11 Rule Unavailability of assigned judge 3-11 Rule Case management 3-12 Chapter 3 Complex, Asbestos, and Silica Cases Page No. Rule Determination of a case as a complex case or an asbestos or silica case 3-12 Rule Assignment of complex, asbestos, and silica cases 3-13 Rule Service requirements in asbestos and silica cases 3-14 Rule Standard interrogatories in asbestos and silica cases 3-15 Rule Case management for asbestos and silica cases 3-15 Chapter 4 Other Special Civil Case Types Page No. Rule Cases involving the California Environmental Quality Act 3-17 Rule Invitation to mediation 3-18 Rule Preparation of the administrative record 3-18 Rule Format of the administrative record 3-20 Rule Disputes regarding the contents of the administrative record 3-21 Rule Briefing schedule and length of memoranda 3-21 Rule Settlement meeting 3-22 Rule Statement of issues 3-22 Rule Trial notebook 3-22 Rule [Reserved] Other petitions for administrative or ordinary Rule mandamus 3-23 [Reserved] Petitions to compel arbitration or to confirm an arbitration award 3-23 Rule Unlawful detainers 3-23 Rule Undertakings 3-23 Rule Request for trial date 3-23 Rule Notice that defendant has vacated premises and redesignation of case 3-24 Rule Status conference 3-24 Rule Applications for stays of execution or other extraordinary relief 3-24 Chapter 5 Alternative Dispute Resolution Page No. Rule Use of alternative dispute resolution processes encouraged 3-25 TOC - 2

4 Chapter 5 Alternative Dispute Resolution Page No. Rule Rules for alternative dispute resolution processes other than judicial arbitration 3-25 Rule Alternative dispute resolution provider list 3-26 Rule The ADR administration committee 3-26 Rule Complaint procedure 3-27 Rule Inquiries and complaints 3-27 Title 4. Criminal and Traffic Rules Chapter 1 General Provisions Page No. Rule 4.1 Title 4-1 Rule 4.10 Application 4-1 Chapter 2 Criminal Rules Page No. Rule Organization 4-1 Rule Adoption of uniform bail schedules 4-2 Rule Special circumstances cases 4-2 Rule Withdrawal of time waiver 4-2 Chapter 3 [Reserved] Page No. Chapter 4 Traffic Rules Page No. Rule Transfer to county seat 4-3 Rule Trial by declaration 4-3 Rule Trial by declaration in absentia 4-3 Rule Continuances 4-4 Rule Defendant s personal appearance required at trial 4-4 Rule Motion to re-open case adjudicated by bail forfeiture 4-4 Title 5. Family and Juvenile Rules Page No. Rule 5.1 Title 5-1 Division 1. Family Rules Chapter 1 General Provisions Page No. Rule 5.5 Division Title 5-1 Rule 5.10 Office of the Family Law Facilitator 5-1 Rule 5.15 Declaration of notice on ex parte application 5-1 Rule 5.20 Child visitation by a nonprofessional supervisor 5-1 Rule 5.25 Requests to set settlement conferences and trial dates 5-2 TOC - 3

5 Chapter 1 General Provisions (Family Rules) Page No. Rule 5.30 Motions and hearings 5-3 Rule 5.35 Stipulated continuance of hearing (non-trial) 5-4 Rule 5.40 Requests to continue status and settlement conferences and trials 5-4 Rule 5.45 Conduct of status conferences and settlement conferences 5-5 Rule 5.50 Conduct of trials 5-9 Rule 5.60 Preparation of orders after hearing 5-9 Rule 5.65 Attorney s fees and expert s fees 5-9 Rule 5.70 Guideline for spousal or partner support 5-10 Rule 5.72 Judgments involving child custody, child support, or spousal support 5-11 Rule 5.75 Mediation 5-11 Rule 5.80 Child custody evaluation 5-12 Rule 5.82 Complaints regarding court-appointed counsel for a child 5-13 Rule 5.85 Private mediation by stipulation 5-14 Rule 5.95 Title IV-D commissioners 5-14 Rule Sanctions 5-14 Division 2. Juvenile Rules Chapter 1 General Provisions Page No. Rule Division title 5-15 Rule Juvenile court administration 5-15 Rule Filing reports 5-15 Rule Calendaring and continuances 5-16 Rule Required attendance at hearings 5-16 Rule Discovery 5-16 Rule Ex parte requests for orders 5-17 Rule Health assessments 5-19 Rule Court Appointed Special Advocates (CASA) 5-21 Rule Interagency information sharing 5-21 Rule Application for access to juvenile court records 5-23 Rule Visitation before detention hearing 5-26 Rule Objections in the nature of a general demurrer to a petition 5-26 Rule Uncontested jurisdiction hearing settings; use as settlement conference 5-27 Rule Procedures governing CALICO videotapes 5-28 Rule De facto parents 5-29 Rule Dependency mediation 5-30 Rule Standing referral to dependency mediation in anticipation of dismissal 5-31 Rule Standing referral to dependency mediation for family matters 5-31 Rule Attorney competency requirements 5-32 Rule Motions to be relieved as counsel for a parent 5-34 TOC - 4

6 Chapter 1 General Provisions (Juvenile Rules) Page No. Rule Procedure for complaints concerning dependency attorneys 5-35 Rule Informing the court of other interest of a dependent child 5-36 Rule Authorization for foster parents to approve school activities 5-38 Rule Travel with foster parents and group homes 5-39 Rule Disclosure of medical information to foster parents and other Rule care providers 5-39 Disclosure of education and medical information to social workers and children s attorneys 5-40 Rule Welfare and Institutions Code section 388 petitions 5-40 Rule Appearances on behalf of the Social Services Agency 5-41 Rule Pretrial hearings 5-41 Rule Calendaring cases involving placement failures and run-aways 5-42 Rule Designation of statutory basis for declaring a section 707(b) offense 5-42 Rule Notice to dependency attorney of section reports 5-42 Title 6. [Reserved] Page No. Title 7. Probate Rules Rule 7.1 Title 7-1 Chapter 1 General Provisions Page No. Page No. Rule 7.5 Special settings 7-1 Rule 7.10 Pre-grant procedures 7-1 Rule 7.20 Use of alternative dispute resolution processes encouraged 7-2 Rule 7.30 Rules for alternative dispute resolution processes other than judicial arbitration 7-2 Rule 7.40 Alternative dispute resolution provider list 7-2 Rule 7.50 ADR Administration Committee and complaint procedure 7-3 Chapter 2 [Reserved] Page No. Chapter 3 Pleadings Rule Copy of will and codicil 7-3 Page No. Chapters 4 through 9 [Reserved] Page No. TOC - 5

7 Chapter 10 Sales of Real and Personal Property in Decedent s Estates Rule Reappraisals 7-3 Rule Cash deposit on bids for real property 7-4 Rule Disclosure of extraordinary costs 7-4 Rule Notice of confirmation hearing 7-5 Rule Appearance by bidders 7-5 Rule Sale of specifically devised or bequeathed property 7-5 Rule Sale of securities 7-5 Chapter 11 [Reserved] Page No. Page No. Chapter 12 Accounts and Reports of Executors and Administrators Page No. Rule Notation of omitted schedules 7-6 Rule Contents of account 7-6 Chapters 13 [Reserved] Page No. Chapter 14 Preliminary and Final Distributions Page No. Rule Forms of decrees 7-7 Chapter 15 Compensation of Personal Representatives and Attorneys Page No. Rule Extraordinary compensation when statutory compensation exceeds $20, Rule Extraordinary compensation for sales of real property 7-7 Rule Extraordinary compensation for preparation of tax returns 7-8 Chapters 16 through 18 [Reserved] Page No. Chapter 19 Trusts Page No. Rule Requirements of trustee s accounts 7-8 Rule Contents of first account 7-8 Rule Description of principal and income 7-8 Rule Frequency for fiilng accounts 7-9 Rule Service on beneficiaries when power sought is not conferred 7-9 Rule Bond for trustee 7-9 Chapter 20 [Reserved] Page No. Chapter 21 Guardianships Page No. Rule Notice to parties in related actions 7-9 Rule Appearance of proposed guardian and minor 7-10 TOC - 6

8 Chapter 21 Guardianships Page No. Rule Waiver of court investigator fee 7-10 Rule Notice of hearings on petitions for temporary guardianship 7-10 Rule Inventory and appraisal required 7-11 Rule Contents of inventories in no or cash-only asset cases 7-11 Rule Accounts in guardianship proceedings 7-11 Rule Requirements if use of estate is sought to support ward 7-12 Chapter 22 Conservatorships Page No. Rule Hearing on the petition for appointment 7-13 Rule General plan 7-13 Rule Appointment of legal counsel for conservatees and proposed conservatees 7-14 Rule Payment of court investigator fees 7-14 Rule Disclosure of benefits received 7-14 Rule Reports accompanying accounts 7-15 Rule Status report required 7-15 Rule Bond required 7-16 Rule Additional contents for petitions filed by private professional conservators 7-16 Title 8. Appellate Rules Chapter 1 General Provisions Rule 8.1 Title 8-1 Rule 8.10 Application 8-1 Rule Dismissal upon failure to file opening brief 8-1 Rule Briefs 8-1 Rule Motions 8-1 Rule Court reporter 8-2 Page No. Index Index 1 List of Effective Dates LED 1 Appendix A. Local Forms A 1 Appendix B. Guideline for Attorney Fees B 1 Appendix C. Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender C 1 TOC - 7

9 Title 1. General and Administrative Rules Chapter 1. General and Administrative Rules Rule 1.1. Citation and effect of rules These rules are the local rules for the Superior Court of California, County of Alameda. These rules may be cited as the local rules and are supplementary and subject to statutes and the California Rules of Court and shall be construed and applied so they do not conflict with such rules and statutes. These rules shall supersede all rules previously adopted by the superior and municipal courts of the County of Alameda. These rules shall have no retroactive effect or application. Rule 1.1amended effective July 1, 2007; adopted effective May 19, 1998; previously amended effective July 1, Rule 1.2. Construction and application of rules These rules are to be liberally construed to ensure the just and speedy determination of the proceedings that they govern. Division, section, rule, and paragraph headings do not affect the scope, meaning, or intent of the provisions of these rules. If any part of a rule is held invalid, all valid parts that are severable from the invalid parts remain in effect. If a rule is held invalid in one or more of its applications, the rule remains in effect in all valid applications that are severable from the invalid applications. Rule 1.2 amended effective July 1, 2007; adopted effective May 19, 1998; previously amended effective July 1, Rule 1.3. Effective date of these rules These rules shall take effect May 19, Rule 1.3 amended effective July 1, 2007; adopted effective May 19, Rule 1.4. Forms [Reserved] Rule 1.5. Definitions The definitions set forth in the California Rules of Court apply to these rules, unless the context or subject matter herein requires otherwise. As used in these rules: (1) County means the County of Alameda, State of California. (2) Court means the Superior Court of California, County of Alameda, and shall include and apply to any judge, commissioner, or referee who is a duly 1-1

10 appointed or elected member of this court and to any judge who has been assigned by the Chairman of the Judicial Council to serve, and is serving, as a judge of this court, including any retired judge who is so assigned and is serving, and any attorney designated by the presiding judge as a temporary judge. (3) Rule is a local rule of the Superior Court of California, County of Alameda. (4) Clerk means the clerk and any deputy clerks of the Superior Court of California, County of Alameda. (5) "Northern Division" means the combined geographic limits of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont; served by the René C. Davidson Alameda County Courthouse. (6) "Southern Division" means the combined geographic limits of Hayward, San Leandro, Fremont, Newark, Union City, unincorporated areas of Ashland, Castro Valley, Cherryland, Fairview, San Lorenzo, and Washington Township, served by the Hayward Hall of Justice. (7) "Eastern Division" means the combined geographic limits of Dublin, Livermore, Pleasanton, unincorporated areas of Sunol, East to the San Joaquin County line, West to Schafer Ranch Road, North to the Contra Costa County Line, South to Andrade Road, and Southeast to the Santa Clara County line; served by the Gale/Schenone Hall of Justice. Rule 1.5 amended and renumbered effective July 1, 2007; adopted as rule 1.4 effective May 19, 1998; previously amended effective July 1, Rule 1.6. Judges vacation day A day of vacation for a judge of the court is an approved absence for one full business day. Other absences from the court listed in California Rules of Court, rule (c)(2)(H) are excluded from this definition. Rule 1.6 amended and renumbered effective July 1, 2007; adopted as rule 1.12 effective July 1, 2001; previously amended effective January 1, Rule 1.7. [Reserved] Rule 1.7 (Civil filing venues) repealed effective July 1, 2008; adopted as sections A through E of Appendix to Chapter 1 effective August 1, 2000 and renumbered effective July 1, 2007; previously amended effective January 1, 2002, January 1, 2004, January 1, 2007, July 1, 2007, and January 1,

11 Rule 1.8. Facsimile filing The court hereby adopts California Rules of Court, rule et seq. for the facsimile filing of documents in Civil, Probate, and Family Law proceedings, except those specified in California Rules of Court, rule 2.300(b). (a) Filing (1) The facsimile filing number will be posted on the court s website and will be available at the clerk s office. (2) The court accepts direct filing as well as agency filing. (3) Documents may be faxed to the court 24 hours a day, although filings received after 4 p.m. or on court holidays or weekends will be deemed filed on the next court day. (b) Attorney fax number If an attorney represents the party, the attorney must also include his or her facsimile machine telephone number, designated as a "fax" number below the attorney s state bar number. (c) Conformed copies Conformed copies will be available via the court's web page if permitted by the California Rules of Court. Otherwise, a conformed copy of the filing will be returned via facsimile to the number provided unless otherwise requested. (d) Attachments Each attachment must be immediately preceded by a faxed insert tab title page, blank except for the title of the tab typed in the lower left-hand corner of the page. The facsimile usage fee will be assessed for each tab page. (e) Rejected filings If a document is rejected for filing, the clerk will fax a Return Information Sheet indicating why the filing was rejected usually within two court days. Rule 1.8 amended effective January 1, 2009; adopted effective May 19, 1998; previously amended effective August 1, 2000, July 1, 2003, January 1, 2004, January 1, 2007, and July 1, Rule 1.9. Filing of documents in civil, family, and probate matters 1-3

12 Any pleading in civil, family, and probate matters may be filed at any court location in the county that has a public counter for the acceptance for filing of civil, family, and probate documents except as indicated below: (a) (b) (c) (d) The sole filing venue for actions involving the Lanterman-Petris-Short Act (LPS) is the René C. Davidson Alameda County Courthouse. The sole filing venue for actions involving the False Claims Act under Government Code sections (including Qui Tam) is the René C. Davidson Alameda County Courthouse (California Rules of Court, rule 2.571(b)). Probate pleadings may not be filed at the George E. McDonald Courthouse. Pleadings for dissolution of marriage, legal separation, nullity, or paternity may not be filed at the Berkeley Courthouse or the George E. McDonald Courthouse. Rule 1.9 amended effective July 1, 2008; adopted as rule 1.13 effective January 1, 2004 and renumbered effective July 1, 2007; previously amended effective January 1, Rule Composition of jury panels (a) Subpanels established The master jury list will be divided into four subpanels as follows: (1) Oakland locations (René C. Davidson County Courthouse, Administration Building, Wiley W. Manuel Courthouse, George E. McDonald Hall of Justice): Residents of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont. (2) Hayward Hall of Justice: Residents of Hayward, San Leandro, unincorporated areas of Ashland, Castro Valley, Cherryland, Fairview, and San Lorenzo. (3) Fremont Hall of Justice: Residents of Fremont, Newark, Union City, and unincorporated areas of Washington Township. (4) Gale/Schenone Hall of Justice: Residents of Dublin, Livermore, Pleasanton, unincorporated areas of Sunol, East to the San Joaquin County line, West to Schaefer Ranch Road, North to the Contra Costa County Line, South to Andrade Road, and Southeast to the Santa Clara County line. 1-4

13 (b) Use of panels and subpanels (1) Panels for criminal cases Jurors for felony trials will be drawn from the master jury list. Jury panels for misdemeanor trials will be drawn from the subpanel of jurors serving the court location in which the trial is held. (2) Panels for civil cases Panels for trials in unlimited jurisdiction civil cases will be drawn from the master jury list. Panels for trials in limited jurisdiction civil cases will be drawn from the subpanel of jurors serving the location in which the trial is held, unless no such subpanel is available. (c) Use of master panel if subpanel is insufficient If the number of jurors in a subpanel should prove insufficient, the trial judge will have the discretion to utilize available jurors drawn from the master jury list. Rule 1.10 amended effective January 1, 2011; adopted as rule 1.11 effective July 1, 1999 and renumbered effective July 1, 2007; previously amended effective May 1, 2000, January 1, 2001, February 5, 2001 and January 1, Rule Protocol regarding inter-court communication of domestic violence restraining orders (a) Statement of purpose This protocol is adopted in compliance with California Rules of Court, rule 5.450, effective January 1, 2004 and renumbered effective January 1, 2007, and complies with California Family Code sections 6380 and 6383, as well as California Penal Code section as currently amended. (b) Protocol goals The goals of this protocol are to: (1) Establish a procedure for communication among courts issuing criminal protection orders and courts issuing orders involving child custody and visitation orders, regarding the existence and terms of criminal protective orders and child custody and visitation orders, including: 1-5

14 (A) (B) A required procedure for courts issuing child custody or visitation to make reasonable efforts to determine whether there exists any criminal court protective order that involves any party to the action; and A procedure to require courts issuing criminal court protective orders to make reasonable efforts to determine whether there exists any child custody or visitation orders that involve any party to the action. (2) Establish a procedure by which the court issuing the criminal court protective order may, after consultation with a court issuing subsequent child custody and visitation orders, modify the criminal court protective order to allow or restrict contact between the person restrained by the order and his or her children. (3) The above-described orders shall include the following: (A) Family law court orders made pursuant to the Domestic Violence Prevention Act (F.C. section 6200 et. seq.); (B) Juvenile court orders made pursuant to W. & I. section 213.5; (C) (D) (E) Criminal court orders made pursuant to P.C where the victim and the defendant have a relationship as defined in F.C. section 6211; Civil court orders made pursuant to C.C.P. section where the victim and the defendant have a relationship as defined in F.C. section 6211; Probate court orders made in guardianship cases. (4) Provide for the co-existence of non-conflicting orders with the following limitations: (A) The criminal court protective order under P.C. section supersedes all other orders in the event of a conflict; and (B) All orders involving child visitation with the restrained person shall be specific as to time, date, and location of the visit and shall include provisions for the safe exchange of the children. Safety of all parties shall be the court s paramount concern. 1-6

15 (5) Encourage the establishment of regional communication systems with courts in neighboring counties regarding the existence and terms of criminal court protective orders. (c) Protocol Court communication regarding restraining orders criminal, civil, family, juvenile, probate: (1) Criminal protective orders take precedence over all other protective orders issued by the civil, family, juvenile and probate courts, subject to the provisions below. (2) Criminal court procedure: (A) (B) (C) (D) When the criminal court issues criminal protective orders protecting victims, the criminal court shall determine whether there are any minor children of the relationship between the defendant/restrained person and the victim/protected person, and whether there are any court orders for custody/visitation for those minor children. If there are minor children, the criminal court shall consider whether peaceful contact with the victim/protected person should be allowed for the purpose of allowing defendant/restrained person to visit the minor children. The court shall give the defendant/restrained person an information packet concerning his or her rights to request custody and/or visitation through the family or juvenile court, along with directions to the Self-Help Center. The criminal court shall also determine whether there are any existing protective/restraining orders involving the defendant/restrained person, the victim/protected person, and/or the minor children. Subject to available resources, the court shall examine available databases for existing protective or restraining orders before issuing permanent criminal protective orders. If the criminal court order includes minor children as named protected parties, the order may be made explicitly subject to modification by a civil, family, juvenile, or probate judge. If this qualifying clause is not included in the criminal court order, the order may not be modified without notification and consent of the issuing criminal court. 1-7

16 (E) When the criminal court issues criminal protective orders that list the defendant/restrained person s minor children as protected persons, the criminal court shall forward a copy of its order to the family court. If a civil, juvenile, or probate court proceeding concerning the family is pending, a copy of the order shall be faxed to the applicable court. (3) Modification of criminal protective orders: (A) Any court responsible for issuing custody or visitation orders involving minor children of a defendant/restrained person subject to a criminal protective order may modify the criminal protective order if all of the following circumstances are applicable: (i) (ii) (iii) (iv) Both the defendant/restrained person and the victim/protected person are subject to the jurisdiction of the family, juvenile, or probate court; and both parties are present before the court. The defendant/restrained person is on probation (formal or court) or has a case pending for a domestic violence offense in Alameda County. The family, juvenile, or probate court identifies a criminal protective order issued against the defendant, which is inconsistent with a proposed family, juvenile, or probate court order, such that the family, juvenile, or probate order is/will be more restrictive than the criminal protective order. Both the victim/protected person and the defendant/restrained person agree that the criminal protective order may be modified to a less restrictive order. (B) (C) A criminal protective order may not be modified to a less restrictive order or to one permitting proposed visitation or custody unless a clause specifically allowing such a modification or amendment is included in the criminal protective order. (See section 2D, supra.) If the aforementioned clause allowing modification of a criminal protective order does not appear on the face of the order, or if any party objects to the modification of the criminal protective order, the family, juvenile, or probate court shall, at the request 1-8

17 of an interested party or on its own motion, calendar a hearing before the criminal court on the issue of whether a criminal protective order should be modified. The family, juvenile, or probate court shall provide the criminal court with copies of existing or proposed orders relating to the matter. Notice of the hearing will be provided to all counsel and parties. Any modification of a Criminal Court Protective Order must be communicated to the Alameda County District Attorney s Office. (4) Family, juvenile, probate, civil court restraining orders involving child custody and visitation orders: (A) (B) (C) All personal conduct and stay away restraining orders in a judgment must include the date of expiration of such orders and good cause for granting such order(s) shall be set forth in attached declaration(s). In addition, all such restraining orders must be separately set forth on a CLETS or other applicable Judicial Council form. Subject to available resources, the family, juvenile, and probate courts shall examine appropriate available databases for existing restraining or protective orders involving the same restrained and protected parties before issuing permanent CLETS civil restraining orders. In the event that this information is not available to the judicial officer, inquiry shall be made of the parties before issuing permanent CLETS civil restraining orders. Any order of the family, juvenile, or probate court that permits contact between a defendant/restrained person subject to either CLETS civil restraining orders or criminal protective orders and his or her minor children, shall contain specific language setting forth the time, day, place, and manner of the transfer of the minor children, including the safe exchange of the minor children, in accordance with Family Code Section Such an order shall not contain language that conflicts with a criminal protective order. Safety of all parties shall be the court s paramount concern. The court or a court-related agency may recommend safe and specific contact with the minor children. and direct the defendant/restrained person and/or the victim/protected person to the process for modification of protective orders. 1-9

18 Rule 1.11 amended and renumbered effective July 1, 2007; adopted as section G of Appendix to Chapters 4 and 5 effective July 1, 2005; previously amended effective January 1, Rule Forms [Reserved] Rule Failure to comply with these rules Failure to comply with these rules is punishable by contempt or other sanctions including, but not limited to, any sanctions provided for in these rules. Rule 1.13 amended and renumbered effective July 1, 2007; adopted as rule 1.9 effective May 19, Rule 2.0. Policy against bias Chapter 2 Policies (a) Purpose It is the policy of the court to provide an environment free of all types of bias, prejudice, any kind of discrimination or unfair practice. All judges, commissioners, referees, court officers and court attachés, shall perform their duties in a manner calculated to prevent any such conduct, either by court personnel or by those appearing in court in any capacity. This rule does not preclude legitimate comment or advocacy when race, gender, religion, national origin, disability, age, sexual orientation, socioeconomic status or other similar factors are issues in court proceedings. (b) Reporting a violation Any violation of this policy by any judge, commissioner, referee, court officer, or court attaché should be reported directly to the presiding, judge, supervising judge, executive officer or court administrator of the court location in which the alleged violation occurred. Any violation of this policy by persons appearing in court should be reported directly to the judicial officer before whom the proceedings were conducted. (c) [Reserved for implementation of Standards of Judicial Administration, standard 10.20] Rule 2.0 amended effective January 1, 2008; previously amended effective July 1, 1999; adopted effective May 19,

19 Title 2. [Reserved] Adopted effective January 1,

20 Title 3. Civil Rules Chapter 1. Rules Applicable to All Civil Cases Rule 3.1. Title The rules in this title may be referred to as the Local Civil Rules. Rule 3.1 adopted effective July 1, Rule Application The Local Civil Rules apply to all civil cases in the court, including general civil, family, juvenile, and probate cases, unless otherwise provided in these rules or by rule in the California Rules of Court or by order in a particular case. Rule 3.10 adopted effective July 1, Rule Designation of civil cases For the purposes of these rules, the following definitions and designations apply. (a) Unlimited and limited civil cases Cases designated on the Civil Case Cover Sheet as Auto Tort; Other PI/PD/WD Tort, except Asbestos; Non-PI/PD/WD Tort; Employment; Contract, except Collection Cases; and Real Property are unlimited and limited civil cases under these rules. (b) Complex cases All cases provisionally designated as complex or determined after hearing to be complex. (c) Asbestos and silica cases All cases in which a primary theory of recovery concerns exposure to asbestos fibers or products or crystalline silica in any form, whether the theory plead is wrongful death, personal injury, product liability, or other causes of action will be designated as an asbestos or silica case. (d) Petitions and writs All cases seeking approval of a petition to compel arbitration filed as the initial pleading or to confirm an arbitration award, petitions for extraordinary relief sought pursuant to C.C.P and 1085 and not 3-1

21 combined with other civil claims, including actions brought pursuant to the California Environmental Quality Act, will be designated as petition cases. (e) Uninsured motorist cases All cases designated on the Civil Cover Sheet as an Uninsured Motorist case are uninsured motorist cases under these rules. (f) Small claims cases Any case that is filed in the small claims court is a small claims case under these rules. (g) Collection cases A collection case is an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorneys fees, arising from a transaction in which property, services, or money was acquired. A collections case does not include an action seeking the following: (1) Tort damages; (2) Punitive damages; (3) Recovery of real property; (4) Recovery of personal property; or (5) A prejudgment writ of attachment. (h) Unlawful detainer actions All cases designated as unlawful detainer actions on the Civil Case Cover Sheet are designated unlawful detainer actions under these rules. Rule 3.20 adopted effective July 1, Rule Status or case management conference The court may set any case for a status or case management conference at any time upon notice. The notice may require the appearance of the parties, filing of a pleading, performance of an act, or any other matter the court orders. Rule 3.25 adopted effective July 1, Rule Notice of death Within ten calendar days of receiving notice of a party s death, counsel for the deceased party must file a Notice of Death with the court and serve it upon all other parties. Rule 3.26 adopted effective January 1,

22 Rule Law and motion (a) Law and motion department Law and motion matters are heard in Department 31 in any case that is not assigned to a judge for all purposes or all pretrial purposes under these rules. (b) Reserving a hearing date Any party who desires to have any demurrer, motion, or order to show cause set for hearing must contact the clerk of the department in which the motion will be heard to reserve a hearing date. (c) Tentative rulings The court adopts the tentative ruling procedure set out in California Rules of Court, rule (a)(1). The tentative ruling or notice to appear will generally be available by 4:00 p.m. two court days prior to the scheduled hearing and no later than 3:00 p.m. the court day before the hearing. Unless the court directs otherwise, the court s tentative ruling will be available on the court s website at or by calling (866) Whenever a tentative ruling has not been issued, the parties are to appear at the hearing unless otherwise ordered. Rule 3.30 amended effective January 1, 2010; adopted effective July 1, Rule Standing pretrial orders (a) Application of the pretrial orders Unless otherwise specified in these rules or modified by the judge to whom the case is assigned at the time of trial setting, the following standing orders will apply to: (1) All civil jury trials; and (2) With the exception of provisions for jury instructions and verdict forms, to all civil court trials. (b) Exhibits Each counsel, and any self-represented party, must prepare an index of all exhibits to be offered at trial, other than those to be used for impeachment or rebuttal, for submission with one extra copy to the courtroom clerk at the pretrial conference or on the first day of trial if no 3-3

23 pretrial conference is scheduled. The index must identify as separate exhibits each discrete document or item to be offered at trial and the index must include a brief description of each exhibit sufficient to distinguish it from the other exhibits. These indices and copies of the exhibits must be exchanged by counsel, and any self-represented party, at least three court days before the pretrial conference or three court days before trial if a pretrial conference is not scheduled. The parties must meet and confer to eliminate duplicate exhibits and stipulate whenever possible to authenticity and admissibility. Failure to disclose or exchange a copy of any exhibit may result in its exclusion at trial. All objections to an exhibit must be in the form of a motion in limine pursuant to paragraph (e). Failure to file and serve a motion in limine objecting to an exhibit may waive all objections to that exhibit at trial. (c) Depositions and discovery responses (1) Originals of all depositions to be used at trial must be lodged with the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled. Counsel, and any selfrepresented party, must meet and confer to edit depositions as necessary and make a good faith effort to resolve admissibility issues related to depositions. (2) If depositions, requests for admissions, interrogatory responses, or any other discovery responses, are to be used in lieu of live testimony at trial, the proponent must submit the excerpts to be used to opposing counsel, or any self-represented party, at least three court days before the pretrial conference, or three court days before trial if a pretrial conference is not scheduled. The parties must meet and confer on the admissibility of depositions, requests for admissions, interrogatory responses, or other discovery responses and whenever possible to authenticity and admissibility. Legal grounds for objections to such excerpts must be raised by motion in limine pursuant to subdivision (e). (d) Transcripts The parties must meet and confer concerning the proposed use of any video or audio presentation and stipulate whenever possible to the use of the presentation. Objections to any audio or video presentation or transcripts must be raised in a motion in limine pursuant to subdivision (e). (e) Motions in limine All motions in limine must be in writing and personally served upon opposing counsel or any self-represented party one court day before the 3-4

24 pretrial conference or one court day before the first day of trial if a pretrial conference is not scheduled. In the discretion of the trial judge, motions in limine not served and filed in compliance with this rule might not be heard. (f) Witnesses A list of all witnesses, including both expert and non-expert witnesses, to be called at trial, other than those to be called solely for impeachment or in rebuttal, must be personally served upon opposing counsel, or any selfrepresented party, three court days before the pretrial conference or three court days before trial if a pretrial conference is not scheduled and presented in triplicate to the courtroom clerk at the pretrial conference or on the first day of trial if no pretrial conference is scheduled. (g) Redaction of exhibits If medical, personal, or consumer records are involved, the parties are to delete any information that counsel, or any self-represented party, agree should not come into evidence, including insurance information, so that such information is not received by the jury. The proponent must then prepare clean copies of the records for submission into evidence. Any disagreements or legal grounds for objection to the records must be set forth in a motion in limine filed pursuant to subdivision (e). (h) Statement of the case Each counsel, and any self-represented party, must, in advance of the pretrial conference or the first day of trial if no pretrial conference is scheduled, meet and confer for the purpose of agreeing upon a brief nonargumentative summary of the factual nature of the case and a brief statement regarding any alleged injuries and damages for submission to the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled. (i) Jury instructions Each counsel, and any self-represented party, must personally serve upon opposing counsel, or any self-represented party, three court days before the pretrial conference or the first day of trial if no pretrial conference is scheduled and submit a set of proposed jury instructions to the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled. The submission of a list of jury instructions, without the proposed instructions, does not comply with this requirement. The full text of the proposed instructions must be provided including proposed language to complete any blank portions of such instructions and proposed formatting to include or exclude bracketed language in such 3-5

25 instructions. Any proposed instruction that is not taken verbatim from jury instructions approved by the Judicial Council of California must include citations to the authorities upon which it is based. (j) Verdict forms At least three court days before the pretrial conference or the first day of trial if a pretrial conference is not scheduled, each counsel, and any self-- represented party, must meet and confer for the purpose of agreeing upon a form of verdict or special verdict and submit the agreed upon or proposed verdict form, if no agreement has been reached, to the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled. (k) Jury selection Supplemental voir dire questions and any proposed written juror questionnaire must be personally served upon opposing counsel or any self-represented party three court days before the pretrial conference or the first day of trial if no pretrial conference is scheduled and submitted to the courtroom clerk at the pretrial conference if one is scheduled, or on the first day of trial if a pretrial conference is not scheduled. (l) Glossary If the case involves technical or unusual vocabulary, the parties must meet and confer on the contents of a glossary of terms to be included and their definitions. If the case involves technical or unusual vocabulary a special glossary must be prepared and must be submitted, in duplicate, to the courtroom clerk at the pretrial conference, or on the first day of trial if a pretrial conference is not scheduled. (m) Electronic copies If ordered, counsel must submit to the court and all other parties, electronic copies of proposed juror questionnaires, jury instructions, and verdict forms in addition to printed versions required by this rule. Electronic copies must be in the format ordered by the court. (n) Consequences of noncompliance In the discretion of the trial judge, the consequences of noncompliance with an order made under this rule may include imposition of any sanction or order authorized by law including, without limitation, restricting evidence, continuing the trial, sending the case back for further case management, reopening discovery, excluding an exhibit, precluding the 3-6

26 testimony of a witness, striking an instruction, or imposing sanctions. Rule 3.35 amended and renumbered effective July 1, 2007; adopted as rule 4.8 effective May 19, 1998; previously amended effective July 1, 1999 and January 1, 2001; previously renumbered to rule 4.4H effective July 1, 2002; previously amended to relocate and revise former rule 4.4H to revised rule 4.6 effective January 1, 2006; subsequently amended January 1, Rule Requirement for clerk s finding of reasonable diligence for substituted service For purposes of Code of Civil Procedure section (b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions. The party's attempts at personal service must occur on at least two different days of the week. Where the attempts at personal service are made at a person s dwelling house or usual place of abode, one of the attempts must occur before 8:00 a.m. and another attempt must occur after 7:00 p.m. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met. Rule 3.50 amended effective January 1, 2010; adopted effective January 1, Rule Default matters Once a plaintiff has requested a court judgment under California Rules of Court, rule , a civil uncontested hearing will not be set without a court order. Rule 3.60 amended and renumbered effective July 1, 2007; adopted as rule 4.10 effective May 19, 1998; previously amended July 1, 1999; previously amended and renumbered to rule 4.8 effective July 1,2002; subsequently amended January 1, Rule Recovery of costs and attorneys fees when judgment is for amount within small claims court jurisdiction Costs and attorney fees will not be awarded to a prevailing plaintiff when the amount recovered is within the limitation on a small claims court action and the action could have been brought in small claims court in the absence of unusual circumstances. Where the amount sought is within the jurisdiction of small claims court but the party could not bring the action in that court, a declaration setting for the specific basis for such a claim and a copy of the notice required by CCP 1033(b)(2) must be submitted. Rule 3.70 amended and renumbered effective July 1, 2007; adopted as rule 4.13 effective May 18, 1998; previously amended effective July 1, 1999; previously renumbered to rule 4.11 effective July 1,

27 Rule Failure to comply with these rules If, at any time, a party fails to pursue a case to disposition or fails to comply with the requirements of these rules, an order to show cause may be issued by the court and a hearing held to determine whether good cause exists for such failure and to consider the imposition of financial or terminating sanctions. Rule 3.90 amended effective January 1, 2008; adopted as rule 4.18 effective May 19, 1998; previously amended and renumbered to rule 4.16 effective July 1, 2002 and subsequently amended and renumbered effective July 1, 2007; previously amended effective January 1, Rule Court reporter fees A court reporter will be provided only if requested by a party or ordered by the court. If a party requests a reporter, one day s fee for the reporter must be posted with the clerk at least ten days prior to trial. If the trial lasts half a day or less, the balance of the posted fee will be refunded. For trials lasting longer than one day, additional fees must be posted before each day s proceeding. Rule 3.95 amended and renumbered effective July 1, 2007; adopted as rule 4.19 effective May 19, 1998; previously amended effective July 1, 1999; previously amended and renumbered to rule 4.17 effective July 1, Rule Return of exhibits (a) Return of exhibits All exhibits and other materials offered in evidence or otherwise presented at civil trials, including transcripts of depositions and administrative records, will be returned at the conclusion of trial to the custody of the offering party. The custodial party must maintain all exhibits and other materials in the same condition as received from the clerk until 60 days after a final judgment or dismissal of the entire case is entered. (b) Obtaining certified copies of exhibits At the conclusion of trial and before the exhibits and other materials are returned to the offering party, any party may request that the court provide certified copies of exhibits and the clerk will prepare and provide such copies at the expense of the requesting party. Rule 3.97 amended and renumbered effective July 1, 2007; adopted as rule 4.20 effective May 19, 1998; previously amended effective July 1, 1999; previously renumbered to rule 4.18 effective July 1,

28 Rule Title Chapter 2. Limited and Unlimited Civil Cases The rules in this chapter may be referred to as the Civil Direct Calendar Rules. Rule adopted effective July 1, Rule Application of this chapter This chapter applies to all cases that are designated as limited and unlimited cases. These cases may also be referred to as Direct Calendar Cases. Rule adopted effective July 1, Rule Assignment of cases The presiding judge will assign each unlimited and limited civil case to a single judge for all purposes, including trial, except as further directed by the presiding judge or required by law. That judge may be referred to as a Direct Calendar Judge. The Direct Calendar Judge will schedule, hear, and decide all matters for each case assigned to that judge, except as may otherwise be required by law, provided in these rules, or directed by the presiding judge. Rule adopted effective July 1, Rule Notice of Assignment (a) Notice of Assignment All Direct Calendar cases will be assigned to a judge within two court days of filing. A Notice of Assignment indicating the name and department number of the assigned judge, as well as the assigned judge s departmental schedule for noticed motions and ex parte applications, and a Notice of Initial Case Management Conference will be prepared by the court. (b) Notice of Assignment includes Notices of Reassignment As used in this local rule, a Notice of Assignment includes an initial notice as well as any subsequent Notice of Reassignment. Rule adopted effective July 1,

29 Rule Service of notices (a) Service of notice by the clerk The clerk will serve the Notice of Assignment and Notice of Initial Case Management Conference, either by mail on counsel of record for plaintiff and on any self-represented plaintiff, or personally on plaintiff or plaintiff s representative at the time the complaint is filed. (b) Service of notice by a party (1) Service by a plaintiff When a plaintiff causes the summons and complaint to be served on a party in the case, a copy of the Notice of Assignment and Notice of Initial Case Management Conference must be served with the summons and complaint. If a plaintiff receives the Notice of Assignment from the court after that plaintiff has already served the summons and complaint on one or more parties, then the plaintiff must cause a copy of the Notice of Assignment to be served forthwith on those parties. If a party, including an intervenor or a voluntarily appearing defendant, appears without previously being served with a summons, then the plaintiff must cause a copy of the Notice of Assignment to be served forthwith on that party. (2) Service by other parties When a cross-complainant causes the summons and crosscomplaint to be served on a new party in the case, a copy of the Notice of Assignment together with notice of any pending conference or hearing must be served with the summons and cross-complaint. If a cross-complainant receives the Notice of Assignment from the court after the cross-complainant has already effected service of the summons and cross-complaint on one or more new parties, then that cross-complainant must cause a copy of the Notice of Assignment together with notice of any pending conference or hearing to be served forthwith on those new parties. (3) When service not required Notwithstanding the requirements of the preceding section, a Notice of Assignment need not be served on any party that has already been served with that notice. (Subd (b)(3) amended effective July 1, 2008) 3-10