JOHN A. CLARKE EXECUTIVE OFFICER / CLERK 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014 Superior Court of California July 19, 2013 PROPOSED REVISIONS TO LOCAL COURT RULES Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are: Rule 2.5 GENERAL PROVISIONS FOR SECTION 170.6 CHALLENGES, (c) Civil Division 170.6 Challenges, Rule 5.3 SESSION HOURS AND CALENDARING, (a) Ex Parte Applications, (1) Restraining Order Ex Parte Applications, Rule 5.20 PRIVATE CHILD CUSTODY EVALUATIONS, (e) Private Evaluator List The proposed amendments were reviewed and approved by both the Los Angeles Superior Court s Rules Committee and Executive Committee. Comments must be submitted via email at localrulescomments@lasuperiorcourt.corg, or in writing, to: Caryn Canales, Room 620, Management Systems Analysis Unit, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012. Comments must be received by no later than 5:00 p.m. on September 1, 2013. View LASC Local Rules at http://www.lasuperiorcourt.org
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 2.5 GENERAL PROVISIONS FOR SECTION 170.6 CHALLENGES A challenge under Code of Civil Procedure section 170.6 must be made orally under oath or by written motion, supported by a declaration. (a) Direct Calendar Case. A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made (1) for a civil, probate, family law, or juvenile case within 15 days of the party s notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party s first appearance, and (2) for a criminal case, within ten days of the party s notice of the all-purpose assignment or, if the party has not yet appeared, within ten days of the party s first appearance. Pursuant to Code of Civil Procedure section 1013, an additional five days is added to the notice if it was served by mail within California, and ten days if served by mail outside of California but within the United States. Upon a timely and proper challenge, the direct calendar judge will immediately transfer the cas e t o the appropriate supervising judge for reassignment for all purposes. Neither a proper challenge under Code of Civil Procedure section 170.6, nor a direct calendar judge s voluntary recusal from the case, will result in the case being re-designated as a master calendar case. (b) Master Calendar Case. A section 170.6 challenge to a judge who is assigned a trial ready case for trial or other limited proceeding by a supervising judge or master calendar court must be made in accordance with the master calendar rule. Section 170.6 provides that, when a master calendar court assigns the trial or limited proceeding, the challenge must be made orally in open court or in writing in the master calendar department at the time of the assignment. If counsel have been placed on call, the master calendar rule does not apply. Instead, the general 170.6 rule applies and the challenge must be made before the commencement of the trial or hearing. (c) Civil Division 170.6 Challenges. (1) Central District. Where a trial ready case is transferred from a direct calendar, all-purpose court to another all-purpose or a long-cause court for trial, Department 1 designates the direct calendar judge transferring the case to inform the parties that the master calendar rule applies to the reassignment and that any 170.6 challenge must be made that same day in Department 1 prior to the time set for the first appearance in the newly assigned court. For purposes of a section 170.6 challenge, the unlimited civil courts and writs and receivers courts are direct calendar courts with an all-purpose assignment to which the 15-day all-purpose assignment rule applies. A writs and receivers court is an all-purpose assignment court for any prerogative writ claim (see Local Rule 3.231), even where joined with a damages or other claim. Where a writs and receivers court is deciding a provisional remedy (e.g., writ of attachment, writ of possession, temporary restraining order, preliminary injunction, or receiver), and the case otherwise is assigned to an unlimited civil court, then either (1) the general rule of section 170.6 applies and the challenge may be made at any time before the Rule 2.5(c) - Staff edit - Further Amended RC 7/8/2013 - EC 7/17/2013 Page 1of 4
38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 hearing commences, or (2) where the identity of the writs and receivers judge is known at least ten days before the hearing, section 170.6's 10-day/5-day rule applies and the challenge must be made at least five days before the hearing. In a Specialized Civil Court, defined as a court deciding law and motion or other special portions of a case without handling the entire action (e.g., Personal Injury courts, unlawful detainer courts, and limited civil law and motion courts), then either (1) the general rule of section 170.6 applies and the challenge can be made any time before the hearing commences, or (2) where the identity of the judge is known at least ten days before the hearing, section 170.6's 10-day/5-day rule applies and the challenge must be made at least five days before the hearing. When a case is assigned t o a Specialized Civil Court, assignment for trial is made by a master calendar court (Department 1), and the master calendar rules apply. (2) Other Districts. Unlimited civil courts in other districts generally are direct calendar courts with an all-purpose assignment to which the 15-day all-purpose assignment rule of section 170.6 applies. In a Specialized Civil Court (as defined in subsection (c)(1)) above (e.g., unlawful detainer and collections courts) then either (1) the general rule of section 170.6 applies and the challenge can be made any time before the hearing commences, or (2) where the identity of the judge is known at least ten days before the hearing, section 170.6's 10-day/5-day rule applies and t he challenge must be made at least five days before the hearing. When a case is assigned to a Sp ecializ ed Civil Court handling a limited civil case, assignment for trial is made by a master calendar court, and the master calendar rules apply. (3) Reassignment/Transfer to Another Department. When Department 1 or a district supervising judge reassigns a case not ready for trial after a proper challenge, the reassigning judge is not acting as a true master calendar court and the 15 day all-purpose assignment rule applies to the newly assigned judge. (d) Criminal Division Section 170.6 Challenges. (1) Central. (A) Foltz Criminal Justice Center. Felony cases are set in direct calendar courts and transferred to Department 100 when ready for trial. They are then assigned for trial by Department 100, acting as a master calendar court, for which the master calendar provisions of section 170.6 apply. Misdemeanors are initially assigned to the pretrial master calendar court and then transferred to Department 56 when ready for trial. Department 56, acting as a master calendar court, then assigns the case for trial, and the master calendar rule of section 170.6 applies to the Rule 2.5(c) - Staff edit - Further Amended RC 7/8/2013 - EC 7/17/2013 Page 2of 4
70 th 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 judge assigned for trial. Cases assigned to the complex criminal litigation ( 9 floor ) courts are direct calendar cases to which the all-purpose assignment rule of section 170.6 applies. A section 170.6 challenge must be made within ten days of notice of the all-purpose assignment or, if the party has not yet appeared, within ten days of the party s first appearance, as extended by Code of Civil Procedure section 1013. (B) M etropolitan and East Los Angeles Courts. All cases are assigned to direct calendar courts and the ten day all-purpose assignment rule of section 170.6 applies. A section 170.6 challenge must be made within ten days of notice of the all-purpose assignment or, if the party has not yet appeared, within ten days of the party s first appearance, as extended by Code of Civil Procedure section 1013. If the direct calendar court is engaged and transfers a case that is ready for trial to another court, then the direct calendar court acts at the direction of the supervising judge as a master calendar court. The master calendar rule of section 170.6 applies to the newly assigned judge, and a challenge to the new judge must be made in the transferring court. (2) Other Districts. Felonies and misdemeanors in districts other than the Central District are assigned in one of the following three ways. The districts vary in which it applies, and counsel are advised to check with the district s supervising or site judge, or the individual courtroom, to determine what rule applies to a particular case. (A) Direct Calendar Assignment. The case is set in a direct calendar court as an all-purpose assignment, and the all-purpose assignment rule of section 170.6 applies. A section 170.6 challenge must be made within ten days of notice of the all-purpose assignment or, if the party has not yet appeared, within ten days of the party s first appearance, as extended by Code of Civil Procedure section 1013. If the direct calendar court is engaged and transfers a case ready for trial to another court, then the direct calendar court is acting at the direction of the supervising judge as a master calendar court, the master calendar rule of section 170.6 applies to the newly assigned judge, and the challenge must be made in the transferring court. (B) M ixed Direct Calendar/M aster Calendar Assignment. The case is set in a direct calendar court and transferred to a master calendar court when ready for trial. Either the supervising or site judge acts as the master calendar court, or there is a dedicated master calendar court. The master calendar rule of section 170.6 applies to the judge assigned for trial, and any challenge must be made in the master calendar court. (C) M aster Calendar Assignment. The case is initially assigned to a master calendar court. When the case is ready for trial, it is assigned to an available trial court. Either the supervising/site judge acts as the master calendar court, or there is a dedicated master calendar court. The master calendar rule of section 170.6 applies to the judge assigned for trial, and any challenge must be made in the master calendar court. (e) Family Law Division Section 170.6 Challenges. (1) Time Limitation. For purposes of a section 170.6 challenge, except as stated below, all judges in the Family Law Division are assigned for all purposes and a challenge must be made within 15 days of notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party s first appearance, as extended by Code of Civil Procedure section 1013. (2) Trial M aster Calendar Reassignment. Where a case assigned to a direct calendar department has been transferred to Department 2 for trial or other reassignment, Department 2 acts as a master calendar court and the master calendar rule of Section 170.6 applies to the judge to Rule 2.5(c) - Staff edit - Further Amended RC 7/8/2013 - EC 7/17/2013 Page 3of 4
113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 whom the case is reassigned. A challenge to the judge to whom the case is assigned for trial must be made in Department 2 at the time of reassignment. (f) Probate Division Section 170.6 Challenges. (1) Time Limitation. For purposes of a section 170.6 challenge, all probate departments are direct calendar courts in which a case is assigned for all purposes. A section 170.6 challenge must be made within 15 days of notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party s first appearance, as extended by Code of Civil Procedure section 1013. (2) Reassignment/Transfer to Another Department. A reassignment of a probate case to another probate or civil department for trial or other limited purpose is an assignment from a master calendar court to which the master calendar rule of section 170.6 applies. Where a case is transferred from another district to Department 5 for purposes of reassignment, Department 5 acts as a master calendar court in transferring the case. The master calendar rule of section 170.6 applies to any challenge of the newly assigned judge. (g) Juvenile Court Division Section 170.6 Challenges. (1) Time Limitation. For purposes of a section 170.6 challenge, some judges in the Juvenile Division are direct calendar courts to which a case is assigned for all purposes and the allpurpose assignment rule of section 170.6 applies. A section 170.6 challenge must be made within 15 days of notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party s first appearance, as extended by Code of Civil Procedure section 1013. Other judges are assigned on a temporary basis in a particular courtroom. The ten-day/five-day rule of section 170.6 applies to a judge assigned on a temporary basis, and the challenge must be made at least five days before the hearing. Counsel are advised to check with the Presiding Judge of the Juvenile Division, or the individual courtroom, to determine what rule applies to a particular case. (2) Reassignment/Transfer to Another Department. Upon a timely and proper section 170.6 challenge, the Supervising Judge of the Juvenile Division will reassign the case if it should be assigned to a juvenile court. An adoptions case will be transferred to the Stanley M osk Courthouse for the Presiding Judge to reassign. In either instance, the reassigning court does not act as a true master calendar court and the challenge to the reassigned court must be made within 15 days of notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party s first appearance, as extended by Code of Civil Procedure section 1013. (Rule 2.5 [7/1/2011, 5/17/2013] amended and effective ) Rule 2.5(c) - Staff edit - Further Amended RC 7/8/2013 - EC 7/17/2013 Page 4of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 5.3 SESSION HOURS AND CALENDARING (a) Ex Parte Applications. An Eex parte applications and orders, including notice thereof, must comply with California Rules of Court, rules 5.51-5.169, except for good cause shown or as otherwise provided by law. In a Domestic Violence Prevention Act proceeding, an application may be made without notice pursuant to Family Code section 6300. (1) Restraining Order Ex Parte Application. An Ex Parte application for temporary restraining order or other order under the Domestic Violence Prevention Act (Fam. Code, 6200 et seq.) and other ex parte application for temporary restraining order in a matter specifically assigned to the Family Law Division may be presented to the department designated for such purpose by the court on any court day from 8:30 a.m. until 11:30 a.m., and from 1:30 p.m. until 3:30 p.m. (2) Family Law Ex Parte Applications: (A) Central District: An ex parte application, brought on a ground other than specified in subsection (a)(1) above, may be presented on any court day only from 8:30 a.m. to 10:30 a.m. in the department in which the case is assigned; or, if the case has not yet been assigned, to Department 2. (B) District Courts: Counsel or self-represented party should contact the department to which the case is assigned or, if not yet assigned, the clerk s office, to determine ex parte application hours. (b) Calendaring A Noticed Motions and Trials (1) Requests for Orders and Other Noticed Motions: All A requests for an orders and other motion hearings are set at 8:30 a.m. on court days not otherwise reserved for trials or other proceedings, unless otherwise ordered by the court. At the time of presenting the request or other motion, the filing clerk will set the matter in the assigned department only on the days available therefor. The moving papers must include on the face page and caption of form FL-300 the exact nature of the request for order or other non-family Code request that is included in the request or motion. (2) Trials: (A) In Central District Cases. Except for good cause, the department to which t he case has been assigned will transfer the case to Department 2, or to such other location as directed by court order, for all trial setting, trial readiness, and trial settlement related matters. The case will then be re-assigned for trial to any available trial department, which could include the department originally assigned. The department originally assigned will continue to handle all other non-trial and post trial proceedings. (B) Trials in Other Districts. The department to which the case is assigned will set trials and trial-related proceedings pursuant to Local Rule 5.13 at times and days available in that department, unless that district has adopted a master calendar reassignment rule, in which case the procedures for the Central District may be followed. (Rule 5.3 [7/1/2011, 1/1/2012, 5/17/2013] amended and effective ) RULE 5.3 SESSION HOURS AND CALENDARING.wpd Page 1of 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 5.20 PRIVATE CHILD CUSTODY EVALUATIONS (a) Peremptory Challenge. When a private evaluator is appointed, other than by stipulation, each side will be permitted one peremptory challenge of a specific evaluator. The challenge must be made within ten court days of the notice of appointment. (b) Withdrawal From a Case. A private evaluator has the right to withdraw from a case upon a showing of good cause to the trial court making the appointment. (c) Complaint Regarding Evaluator. A complaint regarding the conduct of, or procedure employed, by a court-appointed private child custody evaluator will be handled by the judge making the appointment and the appropriate professional licensing board. If the evaluator is listed in the court s Counselor and Evaluator Directory, the judge receiving the complaint may defer action to the Directory Administrator pursuant to subdivision (e), subsection (5), of this rule. (d) Training. A person appointed as a child custody evaluator must complete a Declaration of Private Child Custody Evaluator Regarding Qualifications (Form FL-326) showing compliance with all applicable education, training, and experience requirements and file it in the clerk s office no later than ten days after notification of an appointment and before beginning any work on a child custody evaluation. (e) Private Evaluator List (1) In an effort to assist parties and their attorneys in locating mental health p rofessionals who perform Child Custody Evaluations, the court has a list of mental health professionals who perform this service. The mental health professionals listed are not court employees and are not endorsed by the court. (2) To be included in the Evaluator List, a mental health professional must: a. Be licensed in the State of California in one of the following areas: LCSW, MFT, clinical psychologist, or board certified psychiatrist; b. Declare under penalty of perjury that he/she has performed five child custody evaluations within the last three years; c. Declare under penalty of perjury that he/she has read The Standards of Practice for Court Appointed Child Custody Evaluations in the California Rules of Court and this Local Rule 5.21; d. Complete any training required for child custody evaluators by statute or the California Rules of Court; e. Have malpractice insurance coverage; and f. Not use inclusion in the directory for advertising. (3) Mental health professionals seeking inclusion in the list must submit the following materials which will be made available to the public: a. A signed application and declaration; b. A current résumé; c. A copy of the applicable clinical license; d. Cert ificates of completion of 16 hours of advanced domestic violence training and annual updates as required by Family Code section 1816 and California Rules of Court, rule 5.230; and e. Certificates of completion of 40 hours of initial education and training and annual updates as required by California Rules of Court, rule 5.225. (4) Mental health professionals included on the list must update these materials as Rule 5.20(e)(6) - Line 55 - RC 7/8/2013 - EC 7/17/2013 Page 1of 3
45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 requested by the court. (5) Upon appointment to perform an evaluation, a mental health professional must provide both parties with a letter describing his or her procedures, including that any written material submitted to the evaluator must be sent to the opposing party and that the final date by which written material must be submitted. (6) Any court-ordered evaluation conducted by a mental health professional listed in the directory must be completed and mailed within fourteen weeks of the court s appointment and the evaluator s receipt of the required deposit, unless exceptional circumstances arise. A request for an extension must be made in writing to the court that appointed the evaluator, with copies to both parties, and the Directory Administrator. Reasons for the extension must be described in the letter, and the length of the length of the extension requested. (7) Upon request, the mental health professionals included in the directory must disclose in writing any significant personal or professional relationship the evaluator has or has had wit h a party, attorney, or law firm in the instant case, including the number and nature of any services in the past 24 months in which the evaluator has been privately compensated by a party, attorney, or law firm in the instant case. The services may include, but are not limited to, services provided as an expert witness, consultant, evaluator, special master, mediator, or therapist. (8) Challenges, Complaints, Removal from the Directory. The court reserves the right to remove any name from the directory upon written notification to the evaluator. a. Reasons for removal may include, but are not limited to the (i) failure to maintain a clinical license in good standing, (ii) failure to remain current on training mandated by statute or the California Rules of Court, (iii) submission of work that does not meet the standard of practice for court-appointed evaluators, (iv) failure to submit work in a timely fashion, (v) consistent refus al to accept court referrals, and (vi) providing false or misleading information on the application. b. A complaint regarding the content of the evaluation report or the conclusions reached by the evaluator must be made to the court hearing the custody matter at the time of trial. c. A complaint about the ethical conduct of the evaluator must be made in writing to the Directory Administrator, and may also be made to the appropriate licensing board. d. A complaint about the procedures used by an evaluator must be addressed in writing to the List Administrator. e. Complaints addressed to the Directory Administrator will be reviewed and answered in writing. The Directory Administrator will provide a copy of the complaint to the evaluator who is the subject of the complaint. f. A serious complaint regarding the conduct of procedures used by an evaluator will be reviewed by a committee appointed by the Supervising Judge of the Family Law Department. The committee will consist of the Directory Administrator, a family law judge, a court employed evaluator, and may also include a private evaluator and any other person appointed by the F amily Law Division Supervising Judge. The committee will review the complaint with the evaluator. If the committee decides to remove the evaluator from the directory, the evaluator will be notified of that fact in writing. The decision of the committee will be final and not subject to further review. In reviewing a complaint, the members of the committee are persons performing quasi-judicial functions, and presiding at quasi-judicial proceedings within the meaning of Evidence Rule 5.20(e)(6) - Line 55 - RC 7/8/2013 - EC 7/17/2013 Page 2of 3
89 90 91 92 93 94 Code section 703.5. The records and information in the possession of the committee regarding evaluators is official information acquired in confidence by public employees in the course of their duties, and not open, or officially disclosed to the public within the meaning of Evidence Code section 1040, subdivisions (b)(1) and (b)(2). (Rule 5.20 [7/1/2011, 5/17/2013] amended and effective ) Rule 5.20(e)(6) - Line 55 - RC 7/8/2013 - EC 7/17/2013 Page 3of 3