Shasta — Shasta Local Rules

Source: https://courts.ca.gov/system/files/rules-court/shasta_roc.pdf

Superior Court of California County of Shasta Melissa Fowler-Bradley Court Executive Officer/Clerk of the Court

May 10, 2024

Filing Instructions:

Re: Superior Court of California, County of Shasta
Local Rules of Court

The attachment represents a new edition of the Local Rules of Court for the Superior Court of California, County of Shasta, effective July 1, 2024.

Please file as follows:

Discard Replace With

Local Rules of Court for the Superior Local Rules of Court for the Superior Court of California, County of Shasta, Court of California, County of Shasta, effective January 1, 2024 (entire set). effective July 1, 2024 (entire set).

Melissa Fowler-Bradley Court Executive Officer MFB: bss attachment

SUPERIOR COURT OF CALIFORNIA COUNTY OF SHASTA LOCAL RULES OF COURT

RULES ADOPTED: May 10, 2024 EFFECTIVE DATE: July 1, 2024

Local Rules of the Superior Court of California, County of Shasta

Table of Contents

RULE 1.01 CITATION OF RULES .......................................................................................... 1

RULE 1.02 EFFECTIVE DATE OF RULES ............................................................................ 1

RULE 1.03 EFFECT OF RULES .............................................................................................. 1

RULE 1.04 CONSTRUCTION AND APPLICATION OF RULES ......................................... 1

RULE 1.05 DEFINITIONS OF WORDS USED IN THESE RULES ...................................... 1

RULE 1.06 AMENDMENT, ADDITION, OR REPEAL OF RULES...................................... 2

RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED

NOTIFICATION .................................................................................................... 2

RULE 1.08 REQUIRED ATTORNEY NOTIFICATION FOR UNOPPOSED AND

DROPPED MATTERS ........................................................................................... 3

RULE 2.01 SUPERVISION OF THE BUSINESS OF THE COURT ...................................... 3

RULE 2.02 DUTIES OF THE PRESIDING JUDGE AND ASSISTANT PRESIDING

JUDGE .................................................................................................................... 3

RULE 2.03 ASSISTANT PRESIDING JUDGE ....................................................................... 3

RULE 2.04 THE EXECUTIVE OFFICER, ASSISTANT EXECUTIVE OFFICER, AND

CLERK OF THE COURT ...................................................................................... 4

RULE 2.05 COMMISSIONERS AND JUDGES PRO TEM .................................................... 4

RULE 2.06 COURT REPORTERS ........................................................................................... 4

RULE 2.07 (RESERVED........................................................................................................... 5

RULE 2.08 JURY SELECTION BOUNDARIES ..................................................................... 5

RULE 2.09 CASE DISPOSITION TIME STANDARDS ......................................................... 5

RULE 2.10 SMOKING .............................................................................................................. 6

RULE 2.11 COORDINATED COURTS - UNIFIED COURT ................................................. 7

RULE 2.12 PAGERS AND CELLULAR PHONES ................................................................. 7

RULE 2.13 REQUESTS FOR ACCOMMODATION BY PERSONS WITH

DISABILITIES ....................................................................................................... 7

RULE 2.14 REQUESTS FOR CLERK TO SIGN DOCUMENTS ........................................... 7

RULE 2.15 JUDICIAL VACATION DAY DEFINED ............................................................. 8

RULE 2.16 PLACE FOR FILING NOTICES OF APPEAL AND CERTAIN OTHER

PLEADINGS .......................................................................................................... 8

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Local Rules of the Superior Court of California, County of Shasta

RULE 2.17 MEDIA COVERAGE ORDERS ............................................................................ 8

RULE 2.18 RECORDING DEVICES IN THE COURTHOUSE BY NON-MEDIA ............... 8

RULE 2.19 DIGITAL SIGNATURES ...................................................................................... 9

RULE 3.01 SCOPE OF RULES; AUTHORITY ....................................................................... 9

RULE 3.02 ALL PURPOSE ASSIGNMENT; EXEMPTION FROM CASE

MANAGEMENT CONFERENCE ........................................................................ 9

RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE

ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND

3. TRIAL .............................................................................................................. 10

RULE 3.04 MANDATORY SETTLEMENT CONFERENCE............................................... 10

RULE 3.05 COLLECTIONS CASES UNDER CRC, RULE 3.740 ....................................... 10

RULE 3.06 COUNSEL PERMITTED TO APPEAR; ASSOCIATION OF COUNSEL ........ 10

RULE 5.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS ........................ 11

RULE 5.02 SERVICE OF LF-UD-102, NOTICE OF CASE MANAGEMENT

CONFERENCE .................................................................................................... 12

RULE 5.03 PETITIONS TO APPROVE TRANSFER OF STRUCTURED

SETTLEMENT PAYMENT RIGHTS ................................................................. 12

RULE 5.04 DISCOVERY MOTIONS – SEPARATE STATEMENT ................................... 12

RULE 5.05 FORM OF JUDGMENT....................................................................................... 12

RULE 5.06 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM

STIPULATION..................................................................................................... 13

RULE 5.07 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER

LABOR CODE §98.2 ........................................................................................... 13

RULE 5.08 JUDGMENT OF COSTS ON APPEAL............................................................... 13

RULE 5.09 SANCTIONS ........................................................................................................ 13

RULE 5.10 (RESERVED) ....................................................................................................... 14

RULE 5.11 (RESERVED) ....................................................................................................... 14

RULE 5.12 DEFAULT PROVE-UPS ..................................................................................... 14

RULE 5.13 TELEPHONIC APPEARANCES ........................................................................ 14

RULE 5.14 FACSIMILE FILING ........................................................................................... 14

RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS ....................... 15

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RULE 5.16 PAYMENT OR WAIVER OF FEES ................................................................... 15

RULE 5.17 LAW AND MOTION MATTERS ....................................................................... 15

RULE 5.18 CONFLICTING COURT APPEARANCES ........................................................ 16

RULE 5.19 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT--PUBLIC RESOURCES CODE

SECTION 21000 ET SEQ. ................................................................................... 16

RULE 5.20 SMALL CLAIMS ADVISORY SERVICES ....................................................... 20

RULE 5.21 SERVICE BY DELIVERY TO CLERK OF THE COURT ................................ 20

RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS .................................. 21

RULE 6.02 BAIL ..................................................................................................................... 21

RULE 6.03 ARREST AND SEARCH WARRANTS ............................................................. 23

RULE 6.04 ARRAIGNMENT ................................................................................................. 24

RULE 7.01 NEGOTIATIONS PRIOR TO SETTLEMENT CONFERENCE ........................ 25

RULE 7.02 THE SETTLEMENT CONFERENCE ................................................................. 25

RULE 7.03 PRETRIAL MOTIONS ........................................................................................ 25

RULE 7.04 TRIAL SETTINGS ............................................................................................... 26

RULE 7.05 READINESS CALENDAR .................................................................................. 26

RULE 7.06 (RESERVED) ....................................................................................................... 26

RULE 8.01 DISCOVERY ........................................................................................................ 26

RULE 9.01 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 IN FELONY

CASES .................................................................................................................. 27

RULE 9.02 MOTIONS AT TRIAL ......................................................................................... 27

RULE 9.03 SUBMISSION OF CRIMINAL JURY INSTRUCTIONS................................... 27

RULE 9.04 CRIMINAL TRIAL READINESS AND TRIAL ASSIGNMENT ...................... 28

RULE 9.05 CRIMINAL PRE-VOIR DIRE CONFERENCE .................................................. 30

RULE 10.01 TIME ESTIMATES FOR PRELIMINARY EXAMINATIONS ......................... 30

RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS ............................. 30

RULE 10.03 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 ......................... 31

RULE 11.01 (RESERVED) ....................................................................................................... 31

RULE 11.02 (RESERVED) ....................................................................................................... 31

RULE 11.03 CONTESTING A TICKET .................................................................................. 31

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Local Rules of the Superior Court of California, County of Shasta

RULE 11.04 (RESERVED) ....................................................................................................... 31

RULE 11.05 TRIAL CONTINUANCES ................................................................................... 31

RULE 11.06 TRIALS BY DECLARATION............................................................................. 32

RULE 11.07 ABILITY TO PAY/ONLINE PILOT PROGRAM (TRAFFIC) .......................... 32

RULE 13.01 SANCTIONS ........................................................................................................ 32

RULE 13.02 MENTAL COMPETENCY PROCEEDINGS ..................................................... 32

RULE 13.03 SENTENCE MODIFICATIONS.......................................................................... 33

RULE 13.04 CLAIMS FOR PAYMENT BY COURT APPOINTED COUNSEL................... 33

RULE 13.05 FELONY AND MISDEMEANOR HOME COURTS ......................................... 37

RULE 13.06 REQUIREMENTS FOR APPOINTED COUNSEL IN CAPITAL CASES ........ 37

RULE 13.07 TRANSFER OF PROBATION ............................................................................ 38

RULE 13.08 FACSIMILE FILING ........................................................................................... 38

RULE 14.01 FAMILY COURT SERVICES COUNSELING .................................................. 38

RULE 14.02 CHILD CUSTODY EVALUATIONS ................................................................. 40

RULE 14.03 FAMILY LAW FACILITATOR .......................................................................... 41

RULE 14.04 (RESERVED) ....................................................................................................... 41

RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS ................................. 41

RULE 14.06 AT-ISSUE MEMORANDUM/ REQUEST FOR TRIAL .................................... 42

RULE 14.07 CHILD SUPPORT AND TEMPORARY SPOUSAL OR PARTNER

SUPPORT ............................................................................................................. 43

RULE 14.08 (RESERVED) ....................................................................................................... 44

RULE 14.09 SERVICE BY DELIVERY TO CLERK OF THE COURT ................................ 44

RULE 14.10 MANDATORY DISCLOSURE OF INFORMATION IN CUSTODY AND

VISITATION MATTERS .................................................................................... 44

RULE 14.11 FACSIMILE FILING ........................................................................................... 44

RULE 14.12 STANDARDS OF PRACTICE FOR PROVIDERS OF SUPERVISED

VISITATION ........................................................................................................ 44

RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS .................... 46

RULE 15.02 CAPTION OF PETITIONS AND POSTING ...................................................... 46

RULE 15.03 SIGNING AND VERIFICATION OF PLEADINGS .......................................... 47

RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS ...................................................... 47

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Local Rules of the Superior Court of California, County of Shasta

RULE 15.05 WORDING OF PROBATE ORDER ................................................................... 47

RULE 15.06 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF

PUBLICATION .................................................................................................... 47

RULE 15.07 (RESERVED) ....................................................................................................... 47

RULE 15.08 ORDER FOR FAMILY ALLOWANCE.............................................................. 47

RULE 15.09 COMMISSIONS AND FEES IN PROBATE ESTATES .................................... 48

RULE 15.10 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION ........ 49

RULE 15.11 ACCOUNTS IN PROBATE PROCEEDINGS .................................................... 50

RULE 15.12 PETITION TO ESTABLISH FACT OF DEATH ................................................ 50

RULE 15.13 CONSERVATORSHIPS – CARE PLANS .......................................................... 51

RULE 15.14 GUARDIANSHIPS - ANNUAL REPORTS........................................................ 51

RULE 15.15 TENTATIVE RULINGS ...................................................................................... 51

RULE 15.16 TELEPHONIC APPEARANCES ........................................................................ 51

RULE 15.17 FEES AND COMMISSIONS IN GUARDIANSHIPS,

CONSERVATORSHIPS AND TRUSTS............................................................. 52

RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS

OR CONSERVATORS ........................................................................................ 53

RULE 15.19 FACSIMILE FILING ........................................................................................... 54

RULE 15.20 TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE .. 54

RULE 16.01 ALL PURPOSE ASSIGNMENT ......................................................................... 54

RULE 16.02 PROCEDURES AND TIME FRAMES FOR CONTESTED ISSUES ................ 54

RULE 16.03 MEET AND CONFER REQUIREMENT............................................................ 55

RULE 16.04 WRITTEN WAIVER............................................................................................ 55

RULE 16.05 ATTORNEYS FOR PARTIES ............................................................................. 55

RULE 16.06 AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS ......................... 57

RULE 16.07 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF

A DEPENDENT CHILD ...................................................................................... 58

RULE 16.08 COMPLAINTS AGAINST ATTORNEYS FOR PARTIES IN

DEPENDENCY PROCEEDINGS ....................................................................... 59

RULE 16.09 CONFIDENTIALITY OF RECORDS/PETITIONS (Dependency and

Delinquency Proceedings) .................................................................................... 59

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Local Rules of the Superior Court of California, County of Shasta

RULE 16.10 COURT-APPOINTED SPECIAL ADVOCATES ............................................... 61

RULE 17.01 RECORD ON APPEAL – TRIAL COURT FILE INSTEAD OF CLERK’S

TRANSCRIPT ...................................................................................................... 63

RULE 18.01 LOCAL FORMS ................................................................................................... 64

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Local Rules of the Superior Court of California, County of Shasta

SECTION 1

GENERAL RULES

RULE 1.01 CITATION OF RULES

These Rules shall be known and cited as the "Local Rules of Court" for the Shasta County Superior Court. (Amended, effective January 1, 1999)

RULE 1.02 EFFECTIVE DATE OF RULES

These Rules shall take effect on July 1, 1992. (Adopted, effective July 1, 1992)

RULE 1.03 EFFECT OF RULES

These Rules shall, on their effective date, supersede all local court rules previously adopted. (Adopted, effective July 1, 1992)

RULE 1.04 CONSTRUCTION AND APPLICATION OF RULES

These Rules shall be construed and applied in such a manner as not to conflict with the California Rules of Court and shall be liberally construed to facilitate and promote the business and administration of justice of the Superior Court. These Rules do not apply to Small Claims Division actions or proceedings unless the text of a specific rule otherwise indicates.

Unless otherwise specifically provided, any reference in these rules to a law or laws, or rule of court, shall be deemed to refer to the law or laws, or rule of court as currently written or as hereafter may be amended.

The Executive Officer, as Clerk of the court, shall be the official publisher of these rules and shall maintain a set of the rules in the clerk’s offices for public inspection and shall make available copies for sale at a reasonable fee. (Amended, effective July 1, 2002)

RULE 1.05 DEFINITIONS OF WORDS USED IN THESE RULES

(A) The definitions set forth in the California Rules of Court, Rule 1.6, shall apply to these Rules with equal force and for all purposes, unless the context or subject matter otherwise requires.

(B) The word "person" shall include and apply to corporations, firms, associations, and all other entities, as well as natural persons.

(C) The word "affidavit" includes declaration and "declaration" includes affidavit.

(D) The use of the masculine, feminine, or neuter genders shall include the others. 1

Local Rules of the Superior Court of California, County of Shasta

(E) The word "court" shall mean the Superior Court of the State of California in and for the County of Shasta. It shall include any judge, commissioner or temporary judge appointed or elected to the court and any judge duly assigned to the court.

(F) The word "judgment" includes and applies to any judgment, order or decree from which an appeal lies. (Amended, effective July 1, 2002)

RULE 1.06 AMENDMENT, ADDITION, OR REPEAL OF RULES

These Rules may be amended or repealed, and new Rules may be added by a majority vote of the judges of the court. (Amended, effective January 1, 1999)

RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION

(A) Except as set forth herein, once an attorney has made a general appearance in any matter, civil or criminal, that attorney shall appear in the department to which the matter has been assigned at or before the time set for any proceeding in that matter.

(B) Except as set forth herein, once the attorney appears on a matter, the attorney shall not leave the department to which the matter has been assigned until the matter has been called and all proceedings scheduled for that matter have concluded.

(C) However, the attorney may appear at or before the start of any calendar to which his or her matter is assigned to notify the court the attorney will be late due to an appearance in another department. Counsel may also seek approval of the court to leave the court prior to the conclusion of the matter assigned to one department in order to appear in matters set in other departments.

(D) An attorney shall not be late for a court appearance or fail to appear at a court appearance except for good cause shown.

(E) If counsel cannot be present at or before the time the matter is set, counsel shall notify the judicial assistant of the bench officer who normally sits in the assigned department prior to the time the matter is set. Counsel shall also inform the judicial assistant of the reason for his or her late appearance and an estimated time of arrival. The judicial assistant shall notify the bench officer or the clerk of the department to which the matter is assigned. It shall be deemed good cause if counsel has conflicting court appearances and complies with the notice requirements of this rule.

(F) Violation of this rule may subject the attorney to sanctions pursuant to Rules 5.09 and 13.01 of these Local Rules. (Amended, effective January 1, 2018)

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Local Rules of the Superior Court of California, County of Shasta

RULE 1.08 REQUIRED ATTORNEY NOTIFICATION FOR UNOPPOSED AND DROPPED MATTERS

(A) If an attorney will not oppose a motion filed by opposing counsel, that attorney shall promptly so notify opposing counsel and the judicial assistant of the bench officer before whom the matter is set.

(B) If an attorney has calendared a proceeding and decides to request the matter be dropped from calendar, the attorney shall promptly notify opposing counsel and the judicial assistant of the bench officer before whom the matter is set.

(C) Violation of this rule may subject the attorney to sanctions pursuant to Rules 5.09 and 13.01 of these Local Rules. (Amended, effective January 1, 2015)

SECTION 2

ADMINISTRATIVE MATTERS

RULE 2.01 SUPERVISION OF THE BUSINESS OF THE COURT

(A) The judicial business of the court shall be supervised by the Presiding Judge, with the management assistance of the Executive Officer.

(B) With respect to a decision pertaining to the judicial business of the court which requires a majority vote of the judges, and the vote is evenly divided, and at least two judges declare that a deadlock exists, the Presiding Judge shall be afforded one additional vote.

(C) The administrative business of the court shall be conducted by the Administrative Office of the Shasta County Superior Court, as more particularly described herein. (Amended, effective January 1, 1999)

RULE 2.02 DUTIES OF THE PRESIDING JUDGE AND ASSISTANT PRESIDING JUDGE

The Presiding Judge and Assistant Presiding Judge of the court shall perform those duties set forth in California Rules of Court, Rule 10.603, as they apply, and shall be guided by the principles in the "Standards of Judicial Administration" set forth in the Appendix to the California Rules of Court, Division I. (Amended, effective July 1, 2002)

RULE 2.03 ASSISTANT PRESIDING JUDGE

When the Presiding Judge is absent due to vacation or illness or for other cause, he or she shall be replaced by the Assistant Presiding Judge. The Assistant Presiding Judge shall, during that period, have all the powers and authority of the Presiding Judge. (Amended effective January 1, 1996)

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Local Rules of the Superior Court of California, County of Shasta

RULE 2.04 THE EXECUTIVE OFFICER, ASSISTANT EXECUTIVE OFFICER, AND CLERK OF THE COURT

The Executive Officer shall also serve as Clerk of the court. The Assistant Executive Officer shall be directly responsible to the Executive Officer in all matters relating to the administration of the court. The Executive Officer has ultimate responsibility, under the direction of the Presiding Judge for planning, organizing, and directing the nonjudicial activities of the court. The Executive Officer shall be responsible for the operation of the Administrative Office of the Shasta County Superior Court and shall perform those duties set forth in California Rules of Court, Rule 10.610, and in job descriptions approved by the court from time to time. (Amended, effective January 1, 1999)

RULE 2.05 COMMISSIONERS AND JUDGES PRO TEM

(A) Court commissioners for the court shall be appointed by and serve at the pleasure of a majority of its judges, and under the control and supervision of the Presiding Judge. Within the jurisdiction of the court and under the direction of its judges, commissioners of the court shall exercise all the powers and perform all of the duties authorized by law to be performed by commissioners of the appointing court.

At the direction of the judges of the court, commissioners may have the same jurisdiction and exercise the same powers and duties as the judges of the appointing court and with the consent of the parties, where required by law, may hear any other action as a judge pro tem.

(B) Temporary judges shall be appointed in accordance with Rule 2.814 of the California Rules of Court and serve under the control and supervision of the Presiding Judge. Temporary judges shall hear matters as assigned by the Presiding Judge. (Amended, effective July 1, 2002)

RULE 2.06 COURT REPORTERS

(A) Notice is hereby given that an official court reporter will normally be available in the following departments for the following types of matters:

Department 21 All felony and juvenile matters, or as otherwise directed by the Court

Department 22 All felony and juvenile matters, or as otherwise directed by the Court.

Department 23 All felony and juvenile matters, or as otherwise directed by the Court.

Department 24 All felony and juvenile matters, or as otherwise directed by the Court.

Department 42 All felony and juvenile matters, or as otherwise directed by the Court.

Department 43 No reporter supplied unless directed by the Court.

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Local Rules of the Superior Court of California, County of Shasta

Department 44 All felony and juvenile matters, or as otherwise directed by the Court.

Department 51 No reporter supplied unless directed by the Court.

Department 52 No reporter supplied unless directed by the Court.

Department 53 All juvenile matters, or as otherwise directed by the Court.

Department 54 All felony and juvenile matters, or as otherwise directed by the Court.

Department 63 No reporter supplied unless directed by the Court.

Department 64 No reporter supplied unless directed by the Court.

(B) Civil Cases. Official court reporters are not normally available in civil cases. Requests for court reporting services in civil cases shall be made in accordance with California Rules of Court, Rule 2.956, which may be submitted on Judicial Council form FW-020, Request for Court Reporter by Party with a Fee Waiver. Where the request is timely submitted and granted, a clerk will notify the requestor as soon as possible if no court reporter will be available. Given the limited availability of official court reporters, notice of the unavailability of a court reporter may not be given until the day of the hearing or trial.

When a request for an official court reporter is made in accordance with this paragraph (B) by a party with a fee waiver in a limited civil case, a court reporter will not be provided, but instead the proceeding will be electronically recorded by the court to make the official verbatim record of proceedings as provided in Government Code section 69957 and California Rules of Court, rule 2.952.

(Amended, effective July 1, 2024)

RULE 2.07 (RESERVED (Amended, effective October 15, 2014)

RULE 2.08 JURY SELECTION BOUNDARIES

In accordance with Code of Civil Procedure § 190, et seq., there is hereby established one county-wide geographical selection area for the purpose of producing juror summons lists for the court. All jury trials shall be conducted in Redding, absent an order to the contrary by the Presiding Judge. (Amended, effective January 1, 1999)

RULE 2.09 CASE DISPOSITION TIME STANDARDS

(A) It is the policy of the court to manage all cases from filing (in civil matters) and first appearance (in criminal matters) through final disposition. This policy is to be construed in a fashion which is consistent with existing law. This policy is established to maximize efficient use of court resources; to improve the administration of justice by encouraging 5

Local Rules of the Superior Court of California, County of Shasta

prompt disposition of all matters coming before the court; and to resolve cases within the time standards established in the California Rules of Court, Standards of Judicial Administration (hereinafter, "The Standards"), sections 2.1 and 2.2, which are incorporated herein by this reference as follows:

(B) [General civil cases] The goals for general civil cases, as defined in California Rules of Court, Rule 3.714, are:

(1) [Unlimited Civil Cases] (a) 75 percent disposed of within 12 months of filing; (b) 85 percent disposed of within 18 months of filing; and (c) 100 percent disposed of within 24 months of filing.

(2) [Limited Civil Cases] (a) 90 percent disposed of within 12 months of filing; (b) 98 percent disposed of within 18 months of filing; and (c) 100 percent disposed of within 24 months of filing.

(C) [Small claims cases] The goal for small claims cases is 100 percent disposed of within: (1) 30 days after filing if all defendants reside within the county; (2) 60 days after filing if a defendant resides outside the county.

(D) [Unlawful detainer cases] The goals for unlawful detainer cases are: (1) 90 percent disposed of within 30 days after filing; (2) 100 percent disposed of within 45 days after filing.

(E) [Misdemeanor cases] The goals for misdemeanor cases are: (1) 90 percent disposed of within 30 days after the defendants' first court appearance; (2) 98 percent disposed of within 90 days after the defendants' first court appearance; (3) 100 percent disposed of within 120 days after the defendants' first court appearance.

(F) [Felony preliminary examinations] The goal for felony filings, excluding murder cases in which the prosecution seeks the death penalty, is disposition (by certified plea, finding of probable cause, waiver of preliminary examination, or dismissal) of: (1) 90 percent within 30 days after the defendants' first court appearance; (2) 98 percent within 45 days after the defendants' first court appearance; (3) 100 percent within 90 days after the defendants' first court appearance.

(G) [Felony cases] The goal for all felony cases is disposition within one year of first appearance in any court, except for capital cases.

(H) In order to meet the standards for timely disposition, additional procedures, guidelines, and requirements are set forth elsewhere in these Rules. (Amended, effective July 1, 2004)

RULE 2.10 SMOKING

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Local Rules of the Superior Court of California, County of Shasta

The court recognizing that smoking is harmful even to non-smokers in close proximity to smokers, and further recognizing that some individuals are substantially offended by tobacco smoking in closely confined areas, it is a rule of the court, and an ordinance of this county, that no smoking will be permitted in jury deliberation rooms, in the jury assembly room, or in any enclosed public area, at any time. The jury foreperson may, upon the request of any juror or jurors, allocate smoking breaks, not to exceed 10 minutes each hour of deliberation, during which time jurors may adjourn out of doors to smoke. During such periods, deliberations will be suspended and jurors will not in any way discuss the case at hand. The judge presiding over each trial will advise the jurors of this court rule, and will admonish them respecting discussions during smoking breaks. Counsel may stipulate that an initial admonishment will be sufficient without repetition at each break. The foreperson of the jury will make arrangements with the bailiff respecting times selected for smoking breaks, and the bailiff will remain in attendance during such periods. (Amended, effective January 1, 1995)

RULE 2.11 COORDINATED COURTS - UNIFIED COURT

Prior to June 3, 1998, the Superior and Municipal courts completed administrative and judicial coordination as explained and defined in California Rules of Court, Rule 991 (Repealed 7/1/02). (Amended, effective January 1, 1999)

RULE 2.12 PAGERS AND CELLULAR PHONES

Cellular telephones and audible pagers must be turned off before entering courtrooms and may not be used within any of the courtrooms. (Adopted, effective July 1, 1997)

RULE 2.13 REQUESTS FOR ACCOMMODATION BY PERSONS WITH DISABILITIES

The court does not discriminate on the basis of disability with respect to admission to, access to, or the operations of its programs, services, benefits or activities. Disabled persons wishing to request accommodations may do so by completing Judicial Council Form MC-410, Request for Accommodations by Persons with Disabilities and Response, and sending it to the Court ADA Coordinator, 1515 Court Street, Redding, CA 96001. Requests for accommodation may also be made by telephoning (530) 245-6761, or via email at acoordinator@shasta.courts.ca.gov. Interpreters, including sign language interpreters, are available by calling (530) 245-6727. Assistive listening devices are available in all courtrooms without advance notice. (Amended, effective July 1, 2024)

RULE 2.14 REQUESTS FOR CLERK TO SIGN DOCUMENTS

The Clerk of the Court will not execute documents on behalf of any party unless the party seeking the clerk’s signature has first obtained an order of the court directing the clerk to sign the specific document(s) the clerk is requested to sign. Absent good cause for proceeding on an ex parte basis, a request for such an order shall be made by noticed motion, which motion shall include a proposed order with exact copies of the subject document(s) attached to the proposed 7

Local Rules of the Superior Court of California, County of Shasta

order. The original document to be signed shall be lodged with the clerk, and shall contain the following specific language in place of the party’s signature:

_____________________________, by _______________________, Clerk of the Court, as duly appointed Court Commissioner for _____________________, in Shasta County Superior Court No. _______________

A party obtaining an order for clerk’s signature may be required to arrange for its own notary if the court is unable to provide a notary. Confirmation of an available notary should be made by contacting Court Administration prior to obtaining an order under this rule. (Amended, effective July 1, 2015).

RULE 2.15 JUDICIAL VACATION DAY DEFINED

A day of vacation for a judge of the Superior Court of California, County of Shasta, is an approved absence from the court for one full business day. Other absences listed in California Rules of Court, Rule 10.603 (c)(2)(H) are excluded from this definition. (Adopted, effective July 1, 2006)

RULE 2.16 PLACE FOR FILING NOTICES OF APPEAL AND CERTAIN OTHER PLEADINGS

All notices of appeal and any other pleading that requires payment of a filing fee must be filed in the clerk’s office for the type of case to which the pleading relates. (Adopted, January 1, 2011)

RULE 2.17 MEDIA COVERAGE ORDERS

(A) An order granting media coverage of court proceedings pursuant to Rule 1.150 of the California Rules of Court is required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits.

(B) An order granting media coverage within the courtroom applies only to coverage of proceedings in the courtroom/department of the specific judge identified, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order. An order granting media coverage outside of the courtroom applies only to coverage of the specific location(s) identified with the order, and only to the media

agency (or agencies if under an approved pooling arrangement) making the request for order.

(Amended, effective July 1, 2015)

RULE 2.18 RECORDING DEVICES IN THE COURTHOUSE BY NON-MEDIA

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Local Rules of the Superior Court of California, County of Shasta

No videotaping, photographing or electronic recording of any kind is permitted by individuals in any part of the courthouse, including all interior spaces of the courthouse, and its entrances and exits. Violation of this rule may result in the confiscation of the device used to video, photograph or record, and may be the basis for a citation for contempt of court or an order imposing monetary or other sanctions as provided by law. (Adopted, effective July 1, 2017)

RULE 2.19 DIGITAL SIGNATURES

The use of digital signatures on documents filed with the Court is allowed, and shall have the same force and effect as the use of a manual signature, if it complies with all of the requirements of Government Code section 16.5(a)(1)-(5). No other form of electronic signatures will be accepted. A party who files a document containing a digital signature under this rule represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court. (Adopted, effective July 1, 2018)

SECTION 3

CIVIL CASE MANAGEMENT

RULE 3.01 SCOPE OF RULES; AUTHORITY

The rules contained in this section apply to all “general civil cases” as defined in California Rules of Court, Rule 1.6 (4). They implement and supplement the Trial Court Delay Reduction Act as set forth in Government Code §§68600-68620 and California Rules of Court, Rules 3.720-3.730. (Amended, effective January 1, 2014)

RULE 3.02 ALL PURPOSE ASSIGNMENT; EXEMPTION FROM CASE MANAGEMENT CONFERENCE

(A) General civil cases shall be assigned to a judge for all purposes at the time of filing.

(B) Shasta County Superior Court does not conduct case management conferences. All limited and unlimited civil cases are exempt from case management rules as allowed by Rule 3.720 of the California Rules of Court. This constitutes Shasta County Superior Court’s alternative procedure for case processing and trial setting as required by Rule 3.720(b).

(C) All limited and unlimited civil cases will be assigned a settlement conference date and trial date at the time the complaint is filed. At the time that the summons is issued the court shall prepare a LF-CIV-100, Notice of 1) All Purpose Assignment, 2) Mandatory Settlement Conference and 3) Trial which shall include the name of the judge to whom the case has been assigned and the dates of the mandatory settlement conference and trial. No case management date will be assigned and no case management statements will be accepted for filing. (Amended, effective July 1, 2015) 9

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RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL

Plaintiffs must serve all named defendants with the LF-CIV-100; Notice of 1) All Purpose Assignment, 2) Mandatory Settlement and 3) Trial and file proof of service within 60 days after the complaint has been filed. Plaintiffs must serve the notice on any intervenor or interpleader within 10 days of being served with the complaint in intervention or interpleader. All cross- complainants must serve the notice upon each cross-defendant at the time the cross-complaint is served. (Amended, effective October 15, 2014)

RULE 3.04 MANDATORY SETTLEMENT CONFERENCE

(A) Statements. Mandatory settlement conference statements must be filed as required by Rule 3.1380(c) of the California Rules of Court. In addition to the requirements of Rule 3.1380(c), the mandatory settlement conference statement also must include the following: (1) whether a jury is demanded or waived and whether jury fees have been posted; (2) time estimate for trial; and (3) whether the case is ready to proceed to trial as assigned.

(B) Attendance by Insurance Carrier Representative. Pursuant to California Rules of Court,

Rule 3.1380(b), good cause is deemed to have been shown to excuse from the attendance at the settlement conference insurance claims persons whose offices are more than 100 miles from the courthouse, provided those persons are available by telephone during the settlement conference. (Amended, effective July 1, 2017)

RULE 3.05 COLLECTIONS CASES UNDER CRC, RULE 3.740

Collection cases, as defined in California Rules of Court, Rule 3.740, must be identified as such by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet specifying that the action is a collection case as defined in CRC, Rule 3.740. If not so identified, the case shall be subject to disposition pursuant to the case management procedures set forth within the balance of Section 3 of these rules. If so identified:

(A) At the time that the summons is issued, the court will prepare a LF-CIV-101, Notice- Collections Case, setting the matter for trial. Plaintiff shall serve LF-CIV-101 in accordance with Rule 3.03.

(B) Default Judgments shall be obtained pursuant to Rule 5.12 of these rules. (Amended, effective October 15, 2014)

RULE 3.06 COUNSEL PERMITTED TO APPEAR; ASSOCIATION OF COUNSEL

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Unless otherwise permitted by the Court, only the attorney of record, attorney approved to appear pro hac vice, or attorney who has filed a proper notice of association of counsel may appear on behalf of a party during any civil case proceeding. A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court. (Adopted, effective July 1, 2017)

SECTION 4 (RESERVED)

SECTION 5

MISCELLANEOUS RULES – CIVIL

RULE 5.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS

(A) In actions on promissory notes and contracts providing for the payment of attorney fees, whenever a prevailing party is entitled to the recovery of reasonable attorney fees, the following schedule shall be considered by the court, in its discretion, in awarding attorneys fees:

(1) Default action

Exclusive of costs and interest,

(a) Twenty-five percent (25%) of the first two thousand dollars ($2,000)
awarded as damages;

(b) Twenty percent (20%) of the next four thousand dollars ($4,000);

(c) Fifteen percent (15%) of the next four thousand dollars ($4,000);

(d) Ten percent (10%) of the next ten thousand dollars ($10,000);

(e) Five percent (5%) of the next thirty thousand dollars ($30,000); and

(f) Two percent (2%) of amounts in excess of the first fifty thousand dollars
($50,000).

(2) Contested action
The same amount as computed under paragraph (A) (1), increased by such
compensation computed on an hourly or per-day basis for any additional research,
general preparation, trial or other services as may be allowed by the court.

(B) (RESERVED)

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(C) Where a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk's judgment; the Clerk shall include attorney fees computed pursuant to the fee schedule contained in Rule 5.01(a)(1).

(D) In any case where a party claims fees in excess of those allowed by Rule 5.01(a)(1), application for attorney fees shall be made to the court, supported by declarations setting forth the factual basis for the claimed attorney fees. The fees will thereupon be fixed by the court. (Adopted, effective January 1, 2014)

RULE 5.02 SERVICE OF LF-UD-102, NOTICE OF CASE MANAGEMENT CONFERENCE

All unlawful detainer cases will be assigned a case management conference date at the time the complaint is filed. At the time that the summons is issued the court shall prepare a LF-UD-102, Notice of Case Management Conference. Plaintiff shall serve the notice on each defendant at the time of service of the complaint. (Adopted, effective January 1, 2015)

RULE 5.03 PETITIONS TO APPROVE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS

At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code secs. 10134 et seq. a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code sec. 10139.5 must be lodged with the court. (Amended, effective, January 1, 2014)

RULE 5.04 DISCOVERY MOTIONS – SEPARATE STATEMENT

Where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits, without leave of court, that a concise outline of the discovery request and each response in dispute be filed in lieu of the separate statement. Where further information in necessary to make a determination on the discovery motion, the court may request either or both parties to file a separate statement. (Amended, effective January 1, 2020)

RULE 5.05 FORM OF JUDGMENT

In drafting forms of judgment for the trial judge to sign, counsel shall:

(A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants;

(B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names; and 12

Local Rules of the Superior Court of California, County of Shasta

(C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ __________________." (Adopted, effective July 1, 1992)

RULE 5.06 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM STIPULATION

If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document. (Amended, effective January 1, 2014)

RULE 5.07 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2

(A) Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner pursuant to Labor Code §98.2, shall file with the Clerk of the Court:

(1) A copy of the complaint and any answer filed with the Labor Commissioner;

(2) A complete copy of the order, decision, or award of the Labor Commissioner,
which shall include a summary of the hearing and the reasons for the decision if
provided by the Labor Commissioner; and

(3) A declaration of proof of service of a copy of the Notice of Appeal upon the
Labor Commissioner.

(B) The Notice of Appeal filed pursuant to Labor Code §98.2 shall be treated as the first paper for the purpose of determining the filing fee. (Amended, effective July 1, 2019)

RULE 5.08 JUDGMENT OF COSTS ON APPEAL

A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278. Judgment for costs on appeal will be entered after the time has passed for a motion to strike or tax costs or for determination of that motion. (Amended from Reserved status, adopted effective January 1, 2021)

RULE 5.09 SANCTIONS

A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions thereunder, or under Code of Civil Procedure §575.2, or as otherwise provided by law. 13

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(Amended, effective January 1, 2014)

RULE 5.10 (RESERVED)

(Amended, effective July 1, 2013)

RULE 5.11 (RESERVED)

(Amended, effective January 1, 2014)

RULE 5.12 DEFAULT PROVE-UPS

Except in cases concerning which the Clerk may enter judgment without review by a judicial officer (CCP §585(a)), it is the general policy of the court that prove-up applications and evidence in support thereof be presented in written form, unless prohibited by law (CCP §585(c)). (Amended, effective January 1, 2014)

RULE 5.13 TELEPHONIC APPEARANCES

(A) Counsel are permitted to appear by telephone in civil law and motion hearings, including ex parte applications and conferences set by the court for the purpose of case status or review. Unless otherwise ordered by the court, telephonic appearances will not be allowed at any proceeding at which witnesses will be called to testify or at settlement conferences.

(B) Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures.

(C) Notwithstanding any other provision of this rule, the court may at any time require the personal appearance of any party. (Amended, effective July 1, 2015)

RULE 5.14 FACSIMILE FILING

This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303, with the exception of those documents identified in CRC 2.300(b). “Fax filing agency” means an entity That receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office or others so long as all duties

and requirements under CRC Rules 2.303 and 2.305 are met. (Amended, effective July 1, 2019)

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RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS

To secure a date and time for hearing ex parte motions and other ex parte applications for which personal appearances are required consistent with the California Rules of Court, the party making the application shall contact the judicial assistant for the bench officer in whose department the matter is to be heard in order to schedule the hearing. In the event the party making the application elects not to proceed with the ex parte application, said party shall immediately so inform the court. (Amended, effective July 1, 2015)

RULE 5.16 PAYMENT OR WAIVER OF FEES

Pursuant to Government Code §68634(d), the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of eligibility established by Government Code Sections 68632 and 68633. (Amended, effective January 1, 2014; lettering deleted effective July 1, 2016)

RULE 5.17 LAW AND MOTION MATTERS

(A) Law and Motion Calendars. All demurrers, motions and other applications for orders (except ex parte applications), and any other matters in connection with “general civil actions” as defined in California Rules of Court, Rule 1.6(4), customarily heard and determined as law and motion matters shall be set on each Monday in the department to which the action has been assigned for all purposes. However, when Monday is a court holiday such matters shall be set for the following court day, absent other or further order of court.

(B) Continuances and Withdrawals. A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached. A notice of withdrawal must have a proof of service attached.

Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions.

(C) Tentative rulings. This Court does not follow the procedures described in Rules of Court, Rule 3.1308(a). Tentative rulings are available online no less than 12 hours in advance of the time set for hearing. The rulings may be found on the court’s website (www.shasta.courts.ca.gov) and are available by clicking on the “Tentative Rulings” link. 15

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A party is not required to give notice to the Court or other parties of intent to appear to present argument. The tentative ruling, or other such ruling as the Court may render, will not become the final ruling of the court until the hearing. This rule does not require a judge to issue a tentative ruling.

(D) Proposed orders. The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order. (Amended, effective July 1, 2024)

RULE 5.18 CONFLICTING COURT APPEARANCES

When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(s) trail the first. (Adopted, effective January 1, 2005)

RULE 5.19 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT--PUBLIC RESOURCES CODE SECTION 21000 ET SEQ.

(A) (1) Where filed. Actions in the nature of mandate challenging an agency decision under the California Environmental Quality Act (Public Resources Code §21000 et seq.) shall be filed in the civil section of the clerk’s office and the case shall be thereafter assigned for all purposes to a judge designated by the presiding judge.

(2) Status conference.

(a) Request for status conference. At the time that a petition is filed in
accordance with these rules, the petitioner shall request the court set a
status conference before the judge assigned to the case within fifty (50)
days of the date of filing of the petition, and serve notice of the date of the
Status Conference on the respondent.

(b) Briefing schedule and hearing on the petition. The court shall set a
tentative date for a hearing on the petition and set a tentative briefing
schedule at the status conference. The hearing date and the briefing
schedule may be advanced or continued by the Court on its own motion or
on noticed motion of a party for good cause shown. The memoranda of
points and authorities, including length, shall be in accordance with
California Rules of Court, Rule 3.1113, unless otherwise ordered by the
court. The briefs shall contain specific references to the administrative
record, by record page number and the document title, in support of any
factual contentions asserted by a party in its brief. A reference to “the
whole file” is not a specific reference. Each brief shall have a separate
appendix page that lists the page number of each page of the
administrative record cited in the brief.

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(B) Mediation.

In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the parties.

(C) Preparation of the Administrative Record.

(1) Preparation of the record by the public agency. Within twenty (20) calendar
days after receipt of the request to prepare the administrative record, the public
agency responsible for the preparation shall personally serve on petitioners a
preliminary notification of the estimated cost of preparation, including the
agency’s normal cost per page, any other reasonable costs the agency may
anticipate, and an estimate of the probable number of pages. The preliminary
notification shall also state, to the extent that the information is known to the
agency, the location of documents that are anticipated to be incorporated into the
administrative record; the contact person or persons responsible for identifying
individuals having custody of those documents, whether agency personnel or
other persons; and a list of dates and times specifying when, during normal
business hours, those documents will be made available to petitioners or other
parties for inspection. The agency shall supplement the preliminary notification
from time to time as additional documents are located or are determined to be
appropriate for inclusion in the record.

(2) Election by petitioners.

(a) Upon receipt of the preliminary notification, petitioners may elect to
prepare the record themselves provided that they notify the agency within
five (5) calendar days of receipt. Within forty (40) calendar days of
service of the notice of the request to prepare the administrative record,
petitioners shall prepare and serve on all parties a detailed index listing the
documents proposed by petitioners to constitute the record.
Within seven (7) calendar days of service of petitioners’ proposed
document index, the agency and any other party shall prepare and serve on
petitioners a notice specifying any documents or items that the agency or
party contends should be added to or deleted from the record as proposed
by petitioners.

The agency shall promptly notify petitioners of any required photocopying
procedures or other conditions with which petitioners must comply to
prepare the record.
(b) If petitioners do not elect to prepare the record themselves, then within
forty (40) calendar days after service of the request to prepare the
administrative record, the agency shall prepare and serve on all parties a
detailed index listing the documents proposed by the agency to constitute
the record together with a supplemental estimated cost of preparation.
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Within seven (7) calendar days after service of the agency’s proposed
documents index, petitioners and any other parties shall prepare and serve
the agency and all parties with a notice specifying any documents or items
that a party contends should be added to or deleted from the record.

(3) Preparation of the record by petitioners. Within twenty (20) calendar days
after receipt of petitioners’ notice of election to prepare the record themselves, the
public agency responsible for certification of the record shall personally serve on
petitioners a preliminary notification designating the location of documents that
are anticipated to be incorporated into the administrative record; the contact
person or persons responsible for identifying individuals having custody of those
documents, whether agency personnel or other persons; and a list of dates and
times specifying when, during normal business hours, those documents will be
made available to petitioners or other parties for inspection and copying. The
preliminary notification from the agency shall also notify petitioners of any
required photocopying procedure or other conditions with which petitioners must
comply to prepare the record. The agency shall supplement the preliminary
notification from time to time as additional documents are located or are
determined to be appropriate for inclusion in the record.

Within forty (40) calendar days after service of petitioners’ notice of election to
prepare the administrative record, petitioners shall prepare and serve on all parties
a detailed index listing the documents proposed by petitioners to constitute the
record. Within seven (7) calendar days of service of petitioners’ proposed
document index, the agency and any other party shall prepare and serve on
petitioners a notice specifying any documents or items that the agency or party
contends should be added to or deleted from the record as proposed by petitioners.

(D) Format of Administrative Record.

(1) Lodging original documents. The original of an environmental document may
be lodged as part of the administrative record provided that exact copies of the
original are provided to all parties in the action.

(2) Volume designation. The administrative record shall be lodged in one or more volumes of loose-leaf three-ring binders, tabbed by document number and prominently titled “ADMINISTRATIVE RECORD VOL. 1”, etc. Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume. Each volume shall have a cover- page listing each document in the volume by the number of the tab at which it appears, the full title of the document, and the page number of the record of the first page of the document. The volume number shall also be printed on the spine of each binder.

(3) Organization. Prior to certification and lodging, the administrative record shall
be organized with the documents in the following order:

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(a) The Notice of Determination;

(b) The Resolution(s) or Ordinance(s) adopted by the lead agency approving
the project, including any resolution(s) or ordinance(s) adopted in
compliance with Public Resources Code §§21081 and 21081.6;

(c) The Draft or revised Draft Environmental Impact Report and initial study;

(d) The comments received on and the responses to those comments prepared
for the Draft Environmental Impact Report or Negative Declaration,
including any modifications to the environmental documents and project
made after the comment period;

(e) The remainder of the Final Environmental Impact Report (e.g., the
Technical Appendices and other technical materials);

(f) The staff reports prepared for the approving bodies of the lead agency;

(g) Transcripts and/or minutes of hearings;

(h) The remainder of the administrative record, in chronological order if
possible. The above table of organization is not intended to dictate the
content of the record but rather to describe a uniform order for those
documents typically contained in an administrative record. Documents to
be included in the record are specified in Public Resources Code
§21167.6(e).

(E) Certifying and Lodging the Record.

Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court. If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request. If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification. After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record. An extension of the sixty (60) day period may be requested by filing a stipulation signed by all parties and obtaining court approval of the extension(s) prior to the expiration of the sixty (60) day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the sixty (60) day period.

If the agency refuses to make a complete certification, it shall make a partial certification,

specifying the alleged defects in the record and stating reasons for refusing to certify portions of it.

(F) Disputes Regarding the Contents of the Administrative Record. Once the administrative record has been lodged with the court, any disputes about its accuracy or 19

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scope shall be resolved on noticed motion. For example, if the agency has prepared the administrative record, petitioners may contend that the record as prepared omits relevant documents or contains inappropriate documents; if petitioners have prepared the record, the agency may have similar contentions. Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains.

A motion to supplement the administrative record with additional documents and/or to object to certain documents may be noticed by any party. Such motion should normally be filed as soon as possible after the record is lodged. THE PARTIES ARE STRONGLY URGED TO MEET AND CONFER IN ORDER TO RESOLVE DISPUTES REGARDING THE CONTENT OF THE ADMINISTRATIVE RECORD. The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ. Notice shall be given in accordance with Code of Civil Procedure §1005.

(G) Hearing to Certify the Administrative Record. A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown. At the hearing to certify the record, the court will confirm or revise the tentative briefing schedule and hearing date that were set at the initial status conference.

(H) Trial Notebook. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the court no later than fifteen (15) days prior to the date of the hearing. The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(s) of issues required by Public Resources Code §21167.8, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record. (Amended, effective July 1, 2013)

RULE 5.20 SMALL CLAIMS ADVISORY SERVICES

This court exempts itself from the small claims advisory service requirements set forth in Code of Civil Procedure § 116.940(b), and therefore does not administer small claims advisory services beyond the recorded telephone message and small claims information booklets set forth in Code of Civil Procedure § 116.940(c). (Amended, effective January 1, 2016)

RULE 5.21 SERVICE BY DELIVERY TO CLERK OF THE COURT

A party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court pursuant to CCP section 1011, must first 20

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obtain an order upon application to the court. An Application and Order for Service on Clerk of the Court (Local Form LF-MSC-104) shall be submitted setting forth due diligence efforts to locate the residence of the other party, or the office or residence of the other party’s attorney. (Adopted, effective July 1, 2016)

SECTION 6

CRIMINAL RULES - FILING WARRANTS, ARRAIGNMENT AND BAIL

RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS

(A) All criminal complaints charging in-custody defendants shall be filed with the Clerk at the earliest time possible but in no case later than 11:00 a.m. on the morning of the day any such defendant is to first appear in court on those charges.

(B) All criminal complaints charging out-of-custody defendants shall be filed with the Clerk no later than two (2) days before the time of the defendant's first appearance on those charges. (Amended, effective January 1, 2015)

RULE 6.02 BAIL

(A) GENERAL PROVISIONS

(1) Requests for increase or reduction. When bail has been set by a judge out of
court, any further out of court requests for an increase or reduction shall be made
to the judge who set such bail.

(2) More than one request. Any person requesting a bail reduction or increase shall
disclose all such prior requests. This rule does not apply where an application or
request is made after a preliminary hearing, or at an initial arraignment on The
Information.

(3) Defense requests re bail/OR.

(a) No defense request for bail or O.R. may be made without prior notification
to the prosecuting agency, to allow a representative to be present.

(b) When a defense request for bail or O.R. is made after normal court hours
the requesting party shall, before contacting the court, arrange for the
telephone availability of a representative from the prosecuting agency.

(4) Notice of request to set aside forfeiture. The prosecuting agency and the
County Counsel need not be given notice of an order setting aside a forfeiture of
bail pursuant to Penal Code §1305(c)(1) provided the following determinations
and assessments are made:

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(a) The defendant has been delivered into the custody of the Shasta County
Sheriff or the defendant appears voluntarily in court; and

(b) The defendant was delivered into the custody of the Shasta County Sheriff
or appeared voluntarily in court within 180 days after entry in the minutes
or mailing of the Notice of Forfeiture, together with such additional time
as the court may have previously ordered pursuant to its authority under
Penal Code §1305(e) or §1305.4; and

(c) The court assess the sum of $75.00 in those cases in which the defendant
has voluntarily surrendered to the court and $125.00 in those cases in
which the defendant's appearance is the result of an agency arrest; as a
condition to exoneration of bail in all cases (said sum representing the
court's costs in reprocessing the defendant); and
(d) Where the defendant has been transported back to Shasta County at public
expense, those expenses shall be assessed at actual cost.

In all other cases of a motion to set aside forfeiture, the prosecuting
agency and County Counsel shall be given at least 10 days prior written
notice by the moving party pursuant to Penal Code §1305(k), and proof of
such notice shall be filed with the court.

(5) Notice of Request for tolling or extension of time. In all cases wherein a
moving party requests that the 180-day period be tolled pursuant to Penal Code
§1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall
give to the prosecuting agency and County Counsel at least 10 days prior written
notice of the motion pursuant to Penal Code §1305(k), and proof of such notice
shall be filed with the court.

(B) SOURCE OF BAIL - P.C. §1275.1 - PROCEDURE

When a Source of Bail Order pursuant to Penal Code §1275.1 has been signed by a judge in a case, the following procedure shall be followed by the defendant in calendaring the matter for hearing to show that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained:

(1) The Request for Hearing shall be accompanied by a declaration or offer of proof
setting forth the following:

(a) The identity of the bail agent and surety, or, if there is no surety, the
depositor;

(b) The source of the bond premium, including name and address of person(s)
proposing to pay said premium; and
(c) The source of the security or pledge, including the name and address of
the owner, and description of the property.

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(2) The declaration or offer of proof shall be filed and personally served on the
prosecuting agency, not later than twenty-four (24) hours before the hearing.

(3) At the hearing, the defendant shall produce the bail agent, the person proposing to
pay the premium, and the person proposing to provide the security for
examination and cross-examination.

(C) REAL PROPERTY BONDS

In order to post a real property bond the following procedure must be followed:

(1) A Notice of Hearing pursuant to Penal Code section 1298 shall be filed. It shall
also be served on the prosecuting agency and County Counsel. Compliance with
the notice provisions of California Rules of Court, rule 4.111 is required.

(2) The Notice of Hearing shall be accompanied by an Application For Real Property
Equity Bond; a declaration of the real property owners; an executed Promissory
Note; a Deed of Trust made payable to “County of Shasta” as beneficiary and
“Court Executive Officer” as Trustee; and a proposed order approving property
bond and order for release of Defendant.

(3) In addition, the following must be filed with the original notice of hearing:

(a) An appraisal report of the fair market value of the property, dated not more
than 45 days prior to filing the application for the property bond and
completed by a qualified real estate appraiser;

(b) A current preliminary title report, prepared by a California title company,
that includes a legal description of the property, the address or location of
the property, and a listing of all encumbrances, and is dated no more than
30 days prior to the application for the property bond; and,

(c) Proof of insurance coverage of the property, sufficient to pay all
encumbrances, which insurance must include “County of Shasta” as a loss
payee.

The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust. (Amended, effective January 1, 2015)

RULE 6.03 ARREST AND SEARCH WARRANTS

All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court. All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General 23

Local Rules of the Superior Court of California, County of Shasta

review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants.

As of August 1, 2019, all search warrants must be submitted electronically to the court for consideration by a judge, unless otherwise directed by the judge. Instructions for secure electronic submission can be obtained from Court Administration.

Search warrant returns are to be presented to the criminal court clerk, who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d). (Amended, effective January 1, 2020)

RULE 6.04 ARRAIGNMENT

(A) (RESERVED)

(B) (RESERVED)

(C) A Public Defender shall be present for all in-custody arraignment calendars to undertake representation of defendants for whom the Public Defender is appointed as counsel.

(D) No later than seven (7) calendar days after the Public Defender or a Conflict Public Defender has been appointed to represent a defendant who is either in or out of custody, with respect to whom the Public Defender or Conflict Counsel has a conflict of interest requiring his or her withdrawal as counsel of record, which conflict is revealed by the name of the defendant or the discovery materials in the court's file, the Public Defender or Conflict Counsel shall contact the criminal court clerk for re-calendaring on the arraignment calendar; so that the conflict may be declared and substituted counsel appointed.

(E) In cases in which a defendant appears at arraignment without counsel and advises the court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea no more than seven (7) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.

(F) As a general case handling guideline, the court shall schedule misdemeanor cases not resolved at arraignment for a settlement conference in approximately two (2) weeks.

(G) As a general case handling guideline, the court shall schedule felony cases not resolved at arraignment for a preliminary examination in approximately two (2) weeks and for a felony plea/disposition conference on a prior day. The defendant shall be personally present at the felony plea/disposition conference, unless excused by the Court, in advance, on good cause shown. (H) The clerk of the court is authorized by the court upon the request of a defendant or his or her counsel made prior to the date set for arraignment, to continue the initial arraignment up to fourteen (14) calendar days. This authorization does not apply: (1) to any case in

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which a defendant has been released on bail or (2) to any case in which a defendant has been charged with a felony grade offense.

(Amended, effective January 1, 2003)

SECTION 7

CRIMINAL RULES - MISDEMEANOR SETTLEMENT CONFERENCE AND PRETRIAL PROCEEDINGS

RULE 7.01 NEGOTIATIONS PRIOR TO SETTLEMENT CONFERENCE

(A) Counsel are strongly encouraged to meet and discuss actions informally in an attempt to resolve matters prior to the settlement conference.

(B) Prosecution should deliver to defense counsel a formal offer for resolution prior to the day of the settlement conference.

(C) Defense counsel should appear at the settlement conference having already discussed the case and prosecution's offer with the defendant. (Amended, effective January 1, 1999)

RULE 7.02 THE SETTLEMENT CONFERENCE

(A) Both sides shall be fully prepared and able to discuss the facts of the case and the availability of witnesses for trial. The settlement conference shall not be continued without actual good cause shown. It is the policy of the court to conduct one settlement conference for each case.

(B) The court will be prepared to accept dispositions and to set trial dates at the settlement conference.

(C) Pleas of guilty or no contest entered by counsel pursuant to Penal Code section 977 must be accompanied by a properly executed and notarized plea form if the plea relates to any offense that constitutes a prior offense for purposes of enhanced punishment upon a subsequent conviction under any statute, including, but not limited to Penal Code section 488 and Vehicle Code sections 14601, 23103.5, 23152, and 23153. (Amended, effective January 1, 2017)

RULE 7.03 PRETRIAL MOTIONS

(A) In the event that moving papers are not timely filed for an assigned hearing date without good cause demonstrated, a motion may be deemed waived by the moving party.

(B) Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is

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based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.

(C) Motions to continue any hearing, including trial, are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not constitute good cause, by itself. Substitution of counsel does not automatically constitute good cause for a continuance. (Amended, effective January 1, 2006)

RULE 7.04 TRIAL SETTINGS

(A) Trial dates will be set at the settlement conference. Generally, the court will select a trial date approximately two (2) weeks from the settlement conference.

(B) At the settlement conference, or as soon thereafter as becomes apparent, counsel shall indicate to the court any action which will take more than two full days to try before a jury. The court will assume that cases not so designated will take two or less days. (Adopted, effective July 1, 1992)

RULE 7.05 READINESS CALENDAR

(A) All counsel shall attend a trial readiness calendar held two court days prior to the jury trial date prepared to indicate to the court a readiness to proceed to jury trial. The prosecuting attorney must have authority to dispose of the case.

(B) All cases shall be settled as soon as reasonably practicable. The home court judge may set cut-off dates for accepting negotiated dispositions. (Amended, effective January 1, 2017)

RULE 7.06 (RESERVED)

(Amended, effective January 1, 2024)

SECTION 8

CRIMINAL RULES - DISCOVERY

RULE 8.01 DISCOVERY

(A) Discovery shall be governed by the provisions of Penal Code §1054, et seq., and, by Rule 8.01(D) herein.

(B) The obligation to make discovery is an automatic, reciprocal, and continuing obligation.

(C) Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence shall be in writing and, absent an order shortening time, shall be subject to the

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time standards contained in California Rules of Court, Rule 4.111, which is incorporated herein by this reference.

(D) In misdemeanor cases, all discovery shall be timely sought so that the attorneys are adequately prepared to discuss the case at the settlement conference.

(E) In the event of a failure to comply with this rule or an order of discovery, the court may grant a continuance, exclude the evidence not disclosed, dismiss the case if required by the United States Constitution, or order any other relief or sanction available at law or under these rules. (Amended, effective January 1, 2014)

SECTION 9

CRIMINAL RULES - TRIAL

RULE 9.01 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 IN FELONY CASES

At the conclusion of trial readiness conferences in the felony home courts, all cases set for trial, whether misdemeanors or felonies, will be assigned a trial department. Any challenges pursuant to CCP §170.6 to the judge presiding in the assigned trial department must be made in the felony home court department at the time the assignment is made. (Amended, effective July 1, 1999)

RULE 9.02 MOTIONS AT TRIAL

Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the jury readiness conference. (Amended, effective January 1, 2014)

RULE 9.03 SUBMISSION OF CRIMINAL JURY INSTRUCTIONS

(1) Time for submission.

Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.

(2) Format of instructions.

Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055. Each instruction shall present the approved and unmodified wording as provided in CALCRIM. The instructions shall have the applicable CALCRIM number printed at the top of the page, but shall not include any place to indicate whether the instruction was given, refused, or modified. Each 27

Local Rules of the Superior Court of California, County of Shasta

instruction shall be on a separate page or pages with sequentially numbered lines along the left margin. It is the court’s preference that the individual pages not be numbered.

(3) Specially prepared instructions.

Specially prepared instructions shall be numbered consecutively and shall not identify the party on whose behalf the instruction is requested.

(Amended, effective January 1, 2014)

RULE 9.04 CRIMINAL TRIAL READINESS AND TRIAL ASSIGNMENT

(A) In any criminal case in which the assigned trial attorney answers ready for assignment all the following must have been accomplished, or will be accomplished according to the time requirements expressed herein:

1. That all discovery in the matter has been exchanged consistent with the provisions
of Penal Code sections 1054, 1054.1, 1054.3, Local Rule 8.01, and any other
statutory provision governing the exchange of discovery.

2. That all exculpatory evidence has been disclosed consistent with Brady vs.
Maryland and Penal Code section 1054.1(e).

3. That all witnesses necessary to proceed to trial have either been subpoenaed or
have been contacted by the party requiring that witness, and that the attorney
requiring the witnesses has confirmed the availability of the witnesses for the date
and time the witness is anticipated to testify.

4. That all settlement negotiations have been completed and that in the professional
opinions of the trial attorneys, there are no other legitimate avenues of settlement
in the case.

5. That the defense attorney has fully discussed with their client the offers made and
the full sentencing options available to the trial court in the event of conviction,
and that any counter offers acceptable to the client have been extended to the
prosecution.

6. That all settlement offers have been made and rejected or revoked.

7. That the assigned case is ready to be tried, without delay, to a jury or court to
verdict.
8. That all motions, except for proper motions in limine, have been brought and
heard in the home court.

9. Whether or not specifically asked, trial counsel are expected to provide
information regarding the readiness of the case to be tried consistent with Rule of
Professional Conduct 3.3, Candor Toward the Tribunal.

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If any attorney cannot, in good faith, represent that all of the requirements of this section are either true or will be accomplished at the designated time established in this rule, the matter will not be assigned a trial court.

(B) Trials confirmed in the home court will be assigned to a trial department on the following Tuesday (or Wednesday, in a week in which a court holiday falls on a Monday) to commence trial.

(C) Trials confirmed in the home courts, and not assigned a trial court, shall be placed in a trailing mode or, at the request of the parties or in the discretion of the assignment judge, returned to the home court for further proceedings.

(D) Trials that are trailing in the assignment court shall be on an “On Call” status. “On Call” status means the trial attorneys shall contact all witnesses and determine their future availability for testimony. Trial counsel shall provide contact information to the court and shall be available to report to the assignment court within one hour of being contacted by the court, for assignment to a trial court.

1. The assignment court judge may place any trailing matter back on calendar, at any
time, in order to manage the case prior to assignment.

2. Trial counsel assigned an available trial court shall be prepared to conduct the
pre-voir dire conference and begin jury selection upon reporting to the trial court.

3. While a matter is trailing, the parties may request the assignment court judge to
return the case to the home court for further proceedings. If the request is a joint
request, the request will be granted if good cause exists, time is waived and the
matter can be dropped from the trial calendar.

(E) The following rules related to settlement of cases shall apply to matters which have been sent to a trial department. These rules are not, and are not intended to be, a substitute for the trial court’s discretion to handle matters assigned to that trial court judge consistent with the objectives of the Constitution of the United States, the Constitution of the State of California, Rules of Court, statute, interest of justice or other legal authorities:

1. On the day the case is set to commence trial, the case is expected to move forward
to trial, and should not be resolved short of trial other than by a plea to all charges
then existing in the charging document or a dismissal by the district attorney,
except as set forth below:

i. If trial counsel on the day of trial present to the trial court a negotiated disposition, and they are able to articulate changed circumstances that are both material and demonstrated to have been unforeseeable at the trial assignment calendar, the home court judge should be contacted by the trial court judge and advised of the foregoing. The decision to accept or reject the plea agreement lies within the sound discretion of the trial court judge.

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2. Once trial has commenced, any changed circumstances that arise during the
course of the trial may be cause for the trial court to accept a negotiated plea.
Under these circumstances the trial judge shall exercise its own independent
discretion whether to accept a negotiated plea, and if it does so, shall conduct any
sentencing proceedings that result from the negotiated plea.

(Adopted, effective January 1, 2023)

RULE 9.05 CRIMINAL PRE-VOIR DIRE CONFERENCE

(A) Prior to the pre-voir dire conference required pursuant to CRC 4.200, trial counsel shall meet and confer regarding stipulations, special requests regarding order of witnesses, and all matters requiring discussion under CRC 4.200.

(B) Any jury questionnaire that either party might request must be provided at the pre-voir dire conference in proposed final form, and counsel must have met and conferred regarding its contents. Counsel shall be prepared for an in depth discussion regarding the questioning of jurors. (See California Code of Civil Procedure section 223.)

(C) All trial briefs and motions in limine shall be submitted, in writing, to the trial court with a copy provided to opposing counsel no later than the beginning of the pre-voir dire conference. (Adopted, effective January 1, 2023)

SECTION 10

CRIMINAL RULES - PRELIMINARY EXAMINATIONS

RULE 10.01 TIME ESTIMATES FOR PRELIMINARY EXAMINATIONS

Counsel shall, at the time of setting, or as soon as possible thereafter, identify to the setting judge, the Presiding Judge, or the Presiding Judge's designee any matter which can realistically be expected to take a half-day or more to present. Those matters not so designated will be assumed to require less than a half-day and will be appropriately calendared. (Adopted, effective July 1, 1992)

RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS

(A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony plea/disposition conference scheduled for the case.

(B) Motions to continue the preliminary examination are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue the preliminary examination does not constitute good cause, by itself. Substitution of counsel, does not automatically constitute good cause for a continuance. (Adopted, effective July 1, 1992)

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RULE 10.03 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6

In the case of an assignment of a preliminary hearing by a felony home court department, as defined in Rule 13.05, to another court department, any challenge pursuant to CCP §170.6 must be made in the felony home court department at the time the assignment is made.

For purposes of this rule the felony home court department shall be deemed the master calendar department for all cases pending in that department. (Adopted, effective July 1, 1999)

SECTION 11

RULES RELATING TO ADULT INFRACTIONS

RULE 11.01 (RESERVED) (Amended, effective August 15, 2015)

RULE 11.02 (RESERVED) (Amended, effective August 15, 2015)

RULE 11.03 CONTESTING A TICKET

A defendant who has received a written notice to appear may contest the citation or ticket by taking one of the following actions:

(A) Appear in person at arraignment and plead not guilty, at which time a future date for a court trial will be assigned. No deposit of bail (also referred to as payment of fines) is required to appear in court for arraignment or trial. (B) Request a date for combined arraignment and court trial by contacting the Traffic Unit during normal business hours. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code section 40519, full bail must be deposited before a trial date will be assigned. Bail shall include all assessments under section 42006 of the Vehicle Code and section 1464 of the Penal Code.

(C) Request a Trial by Declaration, as set forth in Rule 11.06. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code section 40902(b), full bail must be deposited at the time the written declaration is submitted. (Amended, effective July 1, 2019)

RULE 11.04 (RESERVED) (Amended, effective August 15, 2015)

RULE 11.05 TRIAL CONTINUANCES

A request for continuance of court trial must be received at least ten (10) working days in advance of the trial date. An untimely request for continuance will not be granted unless the interest of justice shall so require. 31

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(Amended, effective August 15, 2015)

RULE 11.06 TRIALS BY DECLARATION

(A) A defendant may elect to have a trial by declaration as fully set forth in Section 40902 of the Vehicle Code and Rule 4.210 of the California Rules of Court.

(B) Failure to appear as promised (FTA) on a traffic infraction will result in the Court deeming that the defendant has consented that the Court may proceed in absentia, in a trial by written declaration pursuant to Vehicle Code section 40903, and the case will be adjudicated solely on the merits of the citing document. The Court will notify the defendant of the disposition of the case and the amount of the imposed fines and penalties and a notice of conviction shall be reported to the California Department of Motor Vehicles. (Amended, effective October 15, 2014)

RULE 11.07 ABILITY TO PAY/ONLINE PILOT PROGRAM (TRAFFIC)

The court is participating in the pilot program for online adjudication of traffic infractions. The pilot program is sponsored by the Judicial Council and authorized in division 17, chapter 1.5 of the Vehicle Code (sections 40280–40288). Under this program, a defendant may request an ability-to-pay determination for Vehicle Code infractions using procedures authorized in section 40283. Once the program is in effect, the request may be made through an online tool, accessible through the Court’s website, or in person. Because this program is in its pilot stage, it may be subject to change. Additional information about the program is, or soon will be, posted on the Court’s website, and will be updated as needed. (Adopted, effective January 1, 2019)

SECTION 12 (RESERVED)

SECTION 13

GENERAL CRIMINAL RULES

RULE 13.01 SANCTIONS

Rule 5.09 pertaining to civil actions is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in the court. (Adopted, effective July 1, 1992)

RULE 13.02 MENTAL COMPETENCY PROCEEDINGS

This rule applies to proceedings in the superior court under Penal Code section 1367 et seq. to determine the mental competency of a criminal defendant. Pursuant to the provisions of Penal Code section 1367, et seq., the Court shall appoint one psychiatrist or licensed psychologist, or other expert as the court may deem appropriate, to examine the defendant.

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If the defendant or the defendant's counsel informs the Court that the defendant is not seeking a finding of mental incompetence, the Court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. Under no circumstances shall the Court be required to appoint a third expert. Appointment of a third expert shall be made pursuant to the request of the parties, only at the discretion of the Court, and shall be at the expense of the requesting party. This rule is not intended to restrict the inherent authority and discretion of the Court to appoint experts.

(Adopted, effective July 1, 2023)

RULE 13.03 SENTENCE MODIFICATIONS

In cases in which the court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, on a regular calendar over which that bench officer presides. The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court,

Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown. If the sentencing bench officer is unavailable to hear the motion timely, then the Presiding Judge or his or her designee shall hear the motion. Nothing in this rule shall preclude pro per defendants from sending written requests for sentence modification to the sentencing judge's attention, nor shall it preclude bench officers from responding to such letter requests. In no event shall hearing on such an application take place following less than two day's actual notice to the district attorney, unless time is expressly waived by the district attorney. (Adopted, effective July 1, 1992)

RULE 13.04 CLAIMS FOR PAYMENT BY COURT APPOINTED COUNSEL

The procedures set forth in this rule 13.04 apply only to payment for services rendered by, costs incurred by, and ancillary services rendered for, private attorneys appointed by the court to represent specific indigent defendants in criminal actions. This rule does not apply to private counsel who provide indigent defense services pursuant to the terms of written contracts with the County of Shasta.

To the extent the provisions of this rule conflict in capital cases with PC § 987.9, the provisions of PC §987.9 shall control.

(A) CONTENT OF CLAIMS FOR FEES AND EXPENSES

All claims for attorneys fees, and/or for reimbursement of expenses by private attorneys appointed by the court to represent indigent defendants in criminal actions shall be made in writing. Each such claim shall be filed with the clerk of the court for submission to the supervising judge of the applicable criminal calendar if the matter did not proceed to trial, or to the trial judge if a trial was held. Each such claim shall be filed no later than 70 days following judgment and sentencing or other termination of representation of the defendant.

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Except as set forth in this paragraph, only one such claim shall be submitted in each case. In matters reasonably anticipated to last more than 180 days, the attorney may submit claims for periodic payment every three months. In matters reasonably anticipated to last more than 180 days and in which the charges include a violation of Section 187 of the Penal Code, the attorney may submit claims for periodic payment every month. The final claim, however, must be submitted within 70 days following judgment and sentencing or other termination of representation of the defendant.

Each such claim shall be supported by a declaration, made under penalty of perjury, setting forth the following facts:

1. The date of appointment and the judge making the appointment;

2. The date representation ceased and the reason therefor;

3. Any prior claims for payment which were previously submitted, the amount sought and the court's action (or inaction) on such prior claims, including the amount ordered paid, and a statement that none of the services identified or expenses incurred were included in previous claims or a statement that no such prior claims have been submitted;

4. Whether the matter proceeded to trial or not;

5. Reference to, and incorporation into the declaration of, a statement of services rendered and expenses incurred, as more particularly defined below;

6. The necessity for such services or expenses;

7. Reference to, and attachment to the declaration of, any orders authorizing the attorney's use of ancillary services; and,

8. An explanation of any discrepancy between the amount sought in the claim and the amount declared in court at the time the court informed the defendant of the value of the attorney services provided.

The statement of services rendered and expenses incurred shall consist of the following:

1. An itemized description of services provided, including the date of each service, the time devoted to each service and the sum requested for each service;

2. An itemized list of reasonably necessary expenses incurred, including the dates of such expenditures and the sum requested for each such expenditure;

3. Separate total amounts requested for payment for services and expenses;

4. A total amount requested for payment for both services and expenses; and,

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5. Attached copies of billing statements and receipts for expenses incurred and for
which the attorney seeks reimbursement.

The statement of services rendered and expenses incurred and any orders authorizing the attorney's use of ancillary services shall be attached to, and incorporated by reference as a part of, the declaration.

(B) APPLICATIONS FOR AUTHORIZATION TO USE ANCILLARY SERVICES

Before incurring expenses for ancillary services, which are defined to include, without
limitation, services of investigators, experts, paralegals, and transcriptionists who are not
salaried employees of the attorney, the attorney shall make written application for
authorization from the court to do so. Such application shall be supported by a
declaration made under penalty of perjury, setting forth the following facts:

1. The reason such services are reasonably necessary in the preparation of a defense;

2. The type of service being requested;

3. The name of the provider being requested and a brief statement of the provider's
qualifications to provide the requested services;

4. Where the provider is required by law to possess a license to provide the
requested services, the application shall include the provider’s license number or
specify any exemption to the licensing requirement applicable to the provider;
and,

5. A request for authorization to spend up to a specific dollar amount.

After the initial approval of ancillary services by the court, the attorney may reapply for
authorization for additional expenditures if the attorney believes there is a reasonable
possibility the amount originally authorized for ancillary services will be exceeded. Such
reapplication shall include in the declaration in support of the request the amounts
previously authorized and the reason a greater amount is being requested. A copy of any
previous orders authorizing expenditures shall be attached.

Only when exigent circumstances exist may an attorney engage ancillary services without
prior court authorization. If an attorney does so, the attorney must immediately thereafter
make application to the court for authorization of such services and show, in a declaration
made under penalty of perjury, exigent circumstances justifying the use of such services
without prior court authorization. Exigent circumstances may include, but are not limited
to, circumstances in which there is a need to preserve or document physical evidence
which would dissipate before court authorization could be obtained. The inadvertence,
neglect, mistake, or negligence of counsel or counsel's office staff in seeking timely
authorization, even if excusable, shall not constitute exigent circumstances.

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If an attorney submits a claim for payment of ancillary services which exceeds the amount previously authorized by the court, such excess amount shall not be paid unless the attorney, in a declaration made under penalty of perjury, submitted with the claim, establishes a reasonable explanation for exceeding the authorized amount without obtaining additional prior court authorization.

Claims for payment for ancillary services are to be submitted at the time the attorney submits the claim for payment of services rendered and expenses incurred. The claim for payment for ancillary services shall be submitted by the attorney employing such services. If periodic claims are submitted pursuant to (A) above an accounting shall be included which details the original amount authorized by the court plus any additional authorized amount(s) if any, less expenditures to date and the balance remaining. Orders for payment will be directly to the providers of the ancillary services.

(C) COMPENSATION FOR POST-SENTENCING MATTERS

Attorneys will be compensated only for those post-sentencing matters for which they are specifically appointed by this court. They will also be compensated for any post- sentencing matter for which they are directed by this court to appear in court or to review specific matters. Attorneys will also be compensated for up to one half-hour for time spent filling out a "CCAP" questionnaire on matters for which a notice of appeal has been filed. A claim for any such services authorized by this paragraph shall be excepted from the single application requirement, shall be specifically identified as relating to post- sentence matters, and shall be presented in the form of a declaration.

(D) MISCELLANEOUS MATTERS

All claims and applications made pursuant to this Rule 13.04 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders. If a claim is denied in whole or in part, the attorney may resubmit a claim for the denied portion within 30 days of being notified of the denial, if the attorney, in a declaration made under penalty of perjury, provides additional facts which establish a reasonable basis for the attorney's belief the claim should receive additional consideration by the court. Each such resubmitted claim shall be expressly identified as such. If the court denies any such resubmission, the court shall state its reasons for denying the resubmitted claim in writing. In lieu of resubmitting the claim in writing, the attorney, within 30 days of being notified of the denial, may request an ex parte in-camera hearing. The hearing shall be on the record, and the transcript of such hearing shall be ordered sealed. If the court denies such resubmitted claim, the court shall state its reasons on the record. In no event shall the court consider any additional resubmissions.

The court shall act on all submitted claims within 90 days of submission of the claim.

All applications, including all supporting documentation, submitted and all orders made under the provisions of this rule are to be filed in the confidential portion of the files to which they pertain.

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(E) FORMS

All claims for payment specified in this Rule 13.04 shall be made on LF-CRM-100, Claim for Payment by Court-Appointed Counsel, or on forms substantially the same. If forms substantially the same are used, such forms shall include the same information required to complete the forms in the appendix, and that information shall be listed in the same order as on the forms in the appendix.

(F) FAILURE TO COMPLY

Failure by the attorney to comply with the requirements of this rule, including the time for filing requirement, shall be deemed a waiver of the claim and right to reimbursement. Such failure to comply may be excused upon good cause shown by declaration under penalty of perjury submitted with the claim, or within 30 days of rejection of such claim for failure to comply. A failure to comply with the time requirement may also be excused if the attorney, in advance of expiration of such time period, makes an application for an extension of the time period, for up to 30 days, and shows good cause for an extension of the time period in a declaration made under penalty of perjury, submitted with the application for extension of the time period.

A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim.

(Amended, effective July 1, 2013)

RULE 13.05 FELONY AND MISDEMEANOR HOME COURTS

(A) All felony cases initiated on or after January 1, 1995, and all felony cases pending any proceeding on or before January 1, 1995, shall be assigned by the Presiding Judge, effective January 1, 1995, to one of two specific “felony home court” departments for all proceedings and purposes except for trials. All misdemeanor cases shall be assigned by the Presiding Judge to one of two specific “misdemeanor home court” department for all Proceedings and purposes except for trials. Reassignments may be made, from time to time, in the discretion of the courts, to assure the effective and efficient administration of justice.

(B) When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(s) trail the first. (Amended, effective January 1, 2023)

RULE 13.06 REQUIREMENTS FOR APPOINTED COUNSEL IN CAPITAL CASES

(A) Appointment of Trial Counsel

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No attorney shall be appointed as defense counsel in a death penalty case after January 1, 2004, unless he or she meets the minimum qualifications specified in California Rules of Court, Rule 4.117, in compliance with this rule.

(B) Additional Requirements – Pretrial

In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for pretrial proceedings as set forth in California Rules of Court, Rule 4.119.

(C) Additional Requirements – Trial

In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for trial as set forth in California Rules of Court, Rule 4.230.

(D) Filing of Habeas Corpus Petition

Counsel appointed in death-penalty related habeas corpus proceedings must comply with California Rules of Court, Rule 4.571 when filing a petition with the superior court.

(Amended, effective January 1, 2020)

RULE 13.07 TRANSFER OF PROBATION

(A) In cases in which the defendant is released on probation or mandatory supervision, and probation or a party seeks transfer of the case to the superior court in any other county, the request for transfer shall be in the form of a noticed motion consistent with Penal Code section 1203.09 and California Rules of Court Rule 4.530.

(B) Upon the filing of a motion to transfer pursuant to Penal Code section 1203.9, the motion shall be accompanied by LF-CRM-105, Declaration in Support of Order to Transfer Probation. (Adopted, effective July 1, 2014)

RULE 13.08 FACSIMILE FILING

This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303. (Adopted, effective January 1, 2018)

SECTION 14

FAMILY LAW RULES

RULE 14.01 FAMILY COURT SERVICES COUNSELING

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(A) Recommendations of child custody recommending counselors

Court designated child custody recommending counselors are hereby authorized to render a recommendation to the court as to the custody or visitation of the child or children, involved. The Court may, without foundation, consider the report and recommendation of the counselor.

(B) Challenge of counselor

The assignment of counselors is an administrative function of Family Court Services. Requests to assign or not assign a specific counselor will not be honored. Requests for a change in assigned counselor or reports of general problems related to Family Court Services shall be made to the Director of Family Court Services. Reports of general problems related to the Director of Family Court Services shall be made to the Supervising Family Law Judge.

(C) Declarations

All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100. No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent, including exhibits and attachments thereto, exceed 30 pages. All papers submitted to the counselor for consideration, with the exception of the intake forms provided to the parties by Family Court Services, shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel, (with file stamped, conformed copies given to Family Court Services.) Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session. Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor.

(D) Testimony of Child Custody Recommending Counselor

(1) A party seeking testimony from the child custody recommending counselor at
hearing or trial must, at least three court days prior to the scheduled hearing or
trial, make a written request to the Family Court Services office at Room 101 of
the Shasta County Courthouse, 1500 Court Street, Redding, CA 96001. When
trial is scheduled to commence less than three court days after the Trial Setting
Conference, the written request must be submitted no later than 5pm on the day of
the Trial Setting Conference.

(2) This rule is not applicable to deposition testimony. A request for deposition
testimony from the child custody recommending counselor must be made in
compliance with Government Code sections 68097.1 and 68097.2. The party
issuing the deposition subpoena should contact the Family Court Services office
prior to serving the subpoena to determine availability.

(Amended, effective January 1, 2022) (Renumbered January 1, 2000; previously 14.18) 39

Local Rules of the Superior Court of California, County of Shasta

RULE 14.02 CHILD CUSTODY EVALUATIONS

(A) Appointments of Child Custody Evaluators.

In any contested proceeding involving custody and/or visitation, the court may, in its discretion, appoint a child custody evaluator to perform an evaluation in accordance with Family Code section 3110 et seq., Evidence Code section 730, or Code of Civil Procedure section 2032.010 et seq. The court will use Judicial Council form FL-327, Order Appointing Child Custody Evaluator, to make any such appointment.

(B) Payment for Child Custody Evaluations.

The court will order payment of the evaluator at the time of the appointment. The evaluator may not withhold a report from the court because of the parties' failure to pay. The evaluator may bring the issue of a party's failure to pay to the attention of the court.

(C) Conduct of Child Custody Evaluations.

The evaluation shall be conducted in conformance with Rule 5.220 of the California Rules of Court by a child custody evaluator who satisfies the licensing, education, training and experience requirements of Rules 5.225 and 5.230 of the California Rules of Court. In the event that no evaluator who meets the requirements of Rule 5.225 is willing and available to perform an evaluation, the court may appoint an evaluator who does not meet the requirements under the circumstances permitted by Rule 5.225.

(D) Qualifications of Evaluators.

Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator. Peremptory challenges to any court- appointed child custody evaluator will not be allowed.

(E) Withdrawal of Evaluator.

Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys. The evaluator need not be present at the hearing unless directed by the court.

(F) Complaints against Evaluators.

If a party alleges that an evaluator has committed an unprofessional or inappropriate act during the course of the evaluation, he or she may discuss the complaint with the evaluator directly in order to handle misunderstandings. Any complaints regarding the

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evaluator that are not resolved informally should be directed to the appropriate licensing/regulatory board.

(G) Reports.

Evaluators shall prepare a written report. At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code section 3150.

(H) Confidentiality; Sanctions for Violation.

Reports from child custody evaluators shall be placed in a confidential envelope in the court file upon completion of the hearing, and may not be disclosed to anyone except the following persons: (a) a party to the proceeding and his or her attorney of record; (b) an attorney appointed for the child pursuant to Family Code section 3150; (c) those additional persons set forth in Family Code section 3025.5; and (d) any other person upon order of the court for good cause. Those persons entitled to disclosure of the report shall preserve the confidentiality of the document. Use of the report shall be limited to the pending litigation and no person who has access to the report shall make copies for dissemination or disclose its contents to any child who is the subject of the report or to anyone else not entitled to access, nor shall the parties attach such document to any pleading in the pending litigation or in any other litigation or proceeding. Substantial sanctions shall be imposed for inappropriate disclosure.

(I) Ex Parte Communications with Evaluator.

Communications with the child custody evaluator are governed by Family Code section 216 and Rule 5.235 of the California Rules of Court. In general, direct or indirect communications between the evaluator, any attorney for the parties, any attorney for a child appointed pursuant to Family Code section 3150, or the court are prohibited without the knowledge, presence or consent of all parties involved in the matter.

(Amended, Effective July 1, 2013)

RULE 14.03 FAMILY LAW FACILITATOR

The Family Law Facilitator provided for pursuant to Division 14 of the Family Code shall, under the supervision, and at the direction of the Presiding Judge or the Presiding Judge’s designee, and in addition to providing the services set forth in Family Code Section 10004, be responsible to discharge the additional duties set forth in Family Code Section 10005. (Amended, effective January 1, 2010) (Renumbered January 1, 2010; previously 14.02)

RULE 14.04 (RESERVED) (Amended, effective January 1, 2014)

RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS

(A) Purpose 41

Local Rules of the Superior Court of California, County of Shasta

This rule is intended to implement a family-centered case resolution process in conformance with CRC 5.83.

(B) Scope

This rule applies to all dissolution, legal separation, nullity, parentage and grandparent cases filed after January 1, 2012.

(C) Family Centered Case Resolution Order without an Appearance; Case Review

Pursuant to CRC 5.83(f), the court will review the case to determine whether it is progressing towards disposition in a timely and effective manner in accordance with the milestones, disposition time standards, and additional factors set forth in CRC 5.83. The court may take any action authorized by CRC 5.83, including but not limited to setting status conferences, setting a family-centered case resolution conference, or scheduling the case for further review without appearances by the parties. Following the case review, a family law judicial officer may issue a family centered case resolution order notifying the parties and attorneys of the current status of the case and the next steps required to reach disposition.

(D) Disposition Goals; Milestones

To accomplish the goal of disposing of 90 percent of all cases within 18 months of the
date the petition was filed, it is expected that cases will meet the following milestones:

(1) A proof of service of summons and petition should be filed within 60 days of case
initiation;

(2) If no response has been filed, and the parties have not agreed on an extension of
time to respond, a request to enter default should be submitted within 60 days
after the date the response was due;

(3) The preliminary declaration of disclosure should be served within 60 days of the
filing of the petition; and

(4) When a default has been entered, a judgment should be submitted within 60 days
of the entry of default.

(Amended, effective July 1, 2017)

RULE 14.06 AT-ISSUE MEMORANDUM/ REQUEST FOR TRIAL

(A) Once a petition, response and preliminary disclosures pursuant to Family Code section 2104 have been filed by the petition and respondent in any family law case, a party may file an At-Issue Memorandum (Local Form LF-FAM-100) accompanied by a proof of service when the case is at-issue and ready to be set for trial. An At-Issue Memorandum shall not be filed if any petition or complaint, supplemental petition or complaint, or other 42

Local Rules of the Superior Court of California, County of Shasta

affirmative pleading remains unanswered, or if preliminary disclosures have not been filed by the petitioner and respondent unless waived pursuant to Family Code section 2107. A trial date will not be set upon the request of a party until the At-Issue Memorandum is filed. The Court retains discretion to set a trial date upon its own motion without an At-Issue Memorandum.

(B) Any party not in agreement with the information or estimates given in the At Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.

(C) Following the filing of an At-Issue Memorandum, the parties shall complete all final disclosures, unless waived, pursuant to Family Code section 2105. (Amended, effective January 1, 2020)

RULE 14.07 CHILD SUPPORT AND TEMPORARY SPOUSAL OR PARTNER SUPPORT

(A) Guidelines for Child and Spousal Support

(1) In appropriate cases, temporary spousal support shall be awarded in accordance
with Family Code section 3600 et seq. and may also be determined by the use of a
computer generated calculation that applies the “Santa Clara Rule.” The “Santa
Clara Rule” provides:

(a) Temporary spousal or partner support is generally computed by taking
40% of the net income of the payor, minus 50% of the net income of the
payee, adjusted or tax consequences. If there is child support, temporary
spousal or partner support is calculated on net income not allocated to
child support and/or child-related expenses.

(b) The Court will use the local spousal or partner support formula at
temporary spousal or partner support hearings except in the following
circumstances:

(i) The application would be inequitable; or

(ii) The demonstrated need for the requested support is below the
formula amount. In the interest of avoiding unnecessary litigation
on this issue, the Expense Declaration of the payee will not be
viewed as determining or fixing need, but as indicating the level of
expenditure under the existing circumstances.

(B) Computer Generated Support Calculations

All orders after hearing or stipulations that contain child and/or temporary spousal or partner support provisions, including orders for $0 support, shall have attached a computer generated support calculation setting forth the guideline amount and the 43

Local Rules of the Superior Court of California, County of Shasta

assumptions used in determining the support amount. If the parties do not agree upon a single calculation, each party may attach a computer generated calculation.

(C) Reimbursement Issues

Requests for reimbursement of out-of-pocket costs for health care and/or child care must include a summary detailing the cost paid and reimbursement requested. Copies of evidence/exhibits in support of the request for reimbursement shall be submitted with the moving papers.

(Adopted, effective January 1, 2014)

RULE 14.08 (RESERVED) (Amended, effective January 1, 2018)

RULE 14.09 SERVICE BY DELIVERY TO CLERK OF THE COURT

Refer to Local Rule 5.21 regarding application and order for party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court. (Adopted, effective July 1, 2016)

RULE 14.10 MANDATORY DISCLOSURE OF INFORMATION IN CUSTODY AND VISITATION MATTERS

A party filing Judicial Council Form FL-300, Request for Order; Judicial Council Form FL-320, Responsive Declaration to Request for Order; Judicial Council Form DV-140, Child Custody and Visitation Order; Judicial Council Form DV-120, Response to Request for Domestic Violence Restraining Order; or Judicial Council Form FL-305, Temporary Emergency (Ex Parte) Orders which seeks orders regarding custody or visitation, must at the same time file a Mandatory Disclosure of Information (Local Form LF-FAM-105) executed under penalty of perjury. This requirement also applies to motions for grandparent visitation and/or joinder. (Amended, effective January 1, 2020)

RULE 14.11 FACSIMILE FILING

This court does not accept direct fax filings as provided by CRC, rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC, rule 2.303. The court will not accept fax filing of those documents identified in CRC 2.300(b), except as provided in Family Code §§ 5700.316 and 5700.602. “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met. (Amended, effective July 1, 2021)

RULE 14.12 STANDARDS OF PRACTICE FOR PROVIDERS OF SUPERVISED VISITATION

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1. Supervised visitation providers have several legal responsibilities and duties under Family Code section 3200.5 and Standard 5.20 of the California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation). Providers should be familiar with all requirements. In addition, the following obligations must be satisfied.

Professional Supervised Visitation Providers’ Obligations:

2. A "professional provider," as defined in Family Code section 3200.5, is any person who is paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency. See Standard 5.20 (b) (2).

3. All professional supervised visitation providers must sign a declaration of
   Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P))
   stating that all training and qualification requirements to be a professional
   provider have been met. See Standard 5.20(e)(13).

   (a) Included with the FL-324(P) submission to Shasta County Superior Court
   all persons providing professional supervised visitation must provide proof
   of a current Trust Line registration number, a business license within the
   County of Shasta, proof of current general liability insurance, and
   certification of completed 24-hour in-person training. Only training
   approved by the Judicial Council of California will be accepted by Shasta
   County Superior Court.

   (b) The Declaration (FL-324(P)) and documentation must be submitted to the
   Family Court Services Director before the first supervised visit for new
   providers. The FL-324(P) and documentation must be submitted by the
   first week of January each year for professional providers already included
   on the list. This form will be maintained by Family Court Services.

   (c) Family Court Services will maintain a list of providers who have
   submitted form FL-324(P) and documentation in the past year. The Court
   maintains the discretion to add or remove providers from the list based
   upon the needs of the court but does not endorse, evaluate, supervise, or
   monitor the listed providers or their facilities.
   (d) Filed forms FL-324(P) shall be confidential and unavailable to any
   person except the court, the parties, their attorneys and any person to
   whom the court expressly grants access by written order made with
   prior notice to all parties.

4. Professional visitation provider submission of visitation reports:

(a) The court is to be included in each distribution of visit reports by the provider. The original report shall be mailed, or hand delivered to the court clerk’s office. A separate copy of each report shall also be mailed, hand 45

Local Rules of the Superior Court of California, County of Shasta

delivered or faxed to Family Court Services. In addition to the two court
copies all reports are to be sent to all parties, their attorneys and the attorney
for the child. See Standard 5.20 (j) (3).
(b) An updated copy of the provider’s FL-324(P) shall be resubmitted with
each visitation report. See Standard 5.20 (e) (14).

5. Nonprofessional Supervised Visitation Providers’ Obligations:

   (a) All nonprofessional supervised visitation providers are required to file
   a Declaration of Supervised Visitation Provider (Nonprofessional)
   Judicial Council Form (FL-324(NP)) stating that all requirements to be
   a nonprofessional provider have been met before serving as a visitation
   provider. See Standard 5.20(d)(3).

   (b) If a nonprofessional provider will be used, the parents should inform
   the court and file the FL-324(NP) form with the court. The Declaration
   (FL-324(NP)) can be obtained at Family Court Services, Self Help
   Center, or www.courts.ca.gov.

   (c) Filed forms FL-324(P) and FL-324(NP) shall be confidential and
   unavailable to any person except the court, the parties, their attorneys
   and any person to whom the court expressly grants access by written
   order made with prior notice to all parties.

   (d) Non-professional Visitation providers are encouraged to review The
   Judicial Council’s guide for Non-professional providers:
   https://www.courts.ca.gov/documents/Guide-Nonprofessional-
   Booklet.pdf
   (e) All Visitation Providers are encouraged to review the material
   available in the California Rules of Court: Standards of Judicial Administration
   regarding the role and duties of a visitation provider/monitor.

(Adopted, effective January 1, 2024)

SECTION 15

PROBATE RULES

RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS

In guardianship cases, Petitioners must serve all named respondents with a blank LF-PRB-104, Objection to Petition for Guardianship at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed. (Adopted, effective July 1, 2017)

RULE 15.02 CAPTION OF PETITIONS AND POSTING

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Local Rules of the Superior Court of California, County of Shasta

The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate. (Amended, effective January 1, 2005)

RULE 15.03 SIGNING AND VERIFICATION OF PLEADINGS

Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP section 446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met. (Amended, effective July 1, 2019)

RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS

A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing. (Amended, effective January 1, 2005)

RULE 15.05 WORDING OF PROBATE ORDER

The moving party shall submit a proposed order for every petition. Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based. (Amended, effective July 1, 2005)

RULE 15.06 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION

All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three court days before the date of hearing. (Amended, effective January 1, 2005)

RULE 15.07 (RESERVED) (Amended, effective July 1, 2015)

RULE 15.08 ORDER FOR FAMILY ALLOWANCE

The duration of an order for family allowance is limited to six months if no inventory and appraisement has been filed, and is limited to one year if an inventory and appraisement has been filed.

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Comment: The court discourages requests for retroactive (nunc pro tunc) payment of family allowance. Requests for family allowance should be made in a timely fashion. (Amended, effective January 1, 2005)

RULE 15.09 COMMISSIONS AND FEES IN PROBATE ESTATES

(A) All petitions for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701. Ordinarily, no more that 75% of the statutory compensation will be allowed before approval of final distribution. In the court’s discretion, the full amount may be allowed where the estate or heirs will benefit (e.g., to reduce income taxes) or where ordinary services have been completed and final distribution is delayed only in order to perform extraordinary services.

(B) The court may deduct from the personal representative’s statutory commission any sums paid from estate funds for the performance of the representative’s ordinary duties.

(C) Community Property Election:

1. If both halves of the community property are properly included in the probate proceeding, statutory compensation calculated on both halves of the community property will be allowed.

2. In cases in which only one half of the community property is subject to probate, compensation for ordinary services may only be based upon the value of that part of the community property which is subject to probate.

(D) Extraordinary Services:

1. Ordinarily, compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the court.

2. Except as stated below for routine real property sales and federal estate tax work, petitions for fees or commissions for extraordinary services shall include the information specified in CRC Rule 7.702

(E) Sales of Real Property: In determining the compensation of any attorney for extraordinary services rendered with respect to real property sales, the court will consider the amount of time involved, whether or not a real estate broker was employed, the involvement of the attorney in negotiations, the nature of other services rendered (e.g., drafting of the sales agreement and its complexity, preparation of deeds and other documents) and other similar information. In cases where there is a confirmation of sale hearing, the court will consider $ 750.00 to be reasonable compensation. If that amount is requested, detailed information as to services rendered will not be required. This guideline only applies to attorneys’ compensation, however, a personal representative may also request compensation for extraordinary services in regard to sales of real property. 48

Local Rules of the Superior Court of California, County of Shasta

(F) Preparation of Federal Estate Tax Return: In determining the compensation of a personal representative or an attorney for the preparation of a federal estate tax return, the court will ordinarily consider the hours spent, the intricacy or peculiar nature of any of the issues or computations involved, the extent of any audit, the value of the gross estate, the amount of tax and other similar information.

If neither the personal representative nor an attorney provides the court with such information, the court will assume that the sum of $ 750.00 is a reasonable amount for the preparation of the Federal Estate Tax Return.

(G) Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described. (Amended, July 1, 2008)

RULE 15.10 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report:

(A) A full and complete description of all assets on hand.

(B) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children.

(C) A computation of the attorney fees and representative commissions requested.

(D) A statement regarding payment of all taxes pursuant to Probate Code §9650.

(E) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution.

(F) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice or rejection with affidavit of mailing to the creditor must be filed.

(G) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference.

(H) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

(I) A schedule showing the proration of taxes, fees, and costs. 49

Local Rules of the Superior Court of California, County of Shasta

(J) A statement of what property is separate and what property is community.

(K) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

(L) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed.

(M) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed. (Amended, effective January 1, 2005)

RULE 15.11 ACCOUNTS IN PROBATE PROCEEDINGS

(A) In any probate proceeding in which an accounting must be filed pursuant to Probate Code section 1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code section 1061 and the original Detailed Schedules as specified in Probate Code sections 1062 and 1063 shall be filed. (See Judicial Council Forms GC-400-405.) (B) For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement”, as defined in Probate Code Section 2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period. As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed. A copy of the Summary of Account referenced in subsection “A” shall be attached to the top of the supporting documents lodged with the court. The documents lodged pursuant to this rule shall be retained by the clerk and returned following judicial review.

(C) Time for Filing and Lodging of Documents: The Summary of Account and Detailed Schedules shall be filed and supporting documents lodged within 90 days of the close of the accounting period to which they relate. (Amended, effective January 1, 2016)

RULE 15.12 PETITION TO ESTABLISH FACT OF DEATH

A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits:

(A) A copy of any instrument relating to any interest in the property; and

(B) A copy of the death certificate.

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Local Rules of the Superior Court of California, County of Shasta

Comment: There is no statutory provision for the determination by a court for attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character should be made. (Amended, effective January 1, 2005)

RULE 15.13 CONSERVATORSHIPS – CARE PLANS

(A) Conservators of the person and conservators of the estate for all conservatorships shall file a Care Plan with the court within 60 days from their appointment using LF-PRB-100, Conservatorship Care Plan. At the time of the initial hearing the court will set a date for the matter to be placed on calendar for confirmation of the filing of the Care Plan. No appearances are required if the plan has been filed within the prescribed time limits, unless otherwise ordered.

(B) The Care Plan is for the use of the court only and shall be filed by the clerk in a confidential envelope.

(C) This Rule does not apply to the Public Guardian. (Amended, effective July 1, 2013)

RULE 15.14 GUARDIANSHIPS - ANNUAL REPORTS

To ensure compliance with the annual reporting requirement of Probate Code §1513.2 and California Rules of Court, Rule 7.1003, a hearing date will be scheduled for no later than one month after the anniversary date of the date of every order appointing a person as a guardian. The clerk will mail to the guardian Judicial Council Form GC-251, Confidential Guardianship Status Report, at least one month before the hearing date. If the report is filed prior to the date for the hearing, no appearance will be necessary unless the court orders otherwise, and the next annual reporting date will be scheduled. (Amended, effective July 1, 2013)

RULE 15.15 TENTATIVE RULINGS

The court issues tentative rulings in advance of the time set for hearing. The rulings are posted on the court’s website (www.shasta.courts.ca.gov) and are available by clicking on the “Tentative Rulings” link, then clicking on the “Probate” link (for Conservatorships, Estates and Trusts) or the “Guardianships” link (for Guardianships). (Amended, effective January 1, 2016)

RULE 15.16 TELEPHONIC APPEARANCES

(A) Counsel are permitted to appear by telephone on the probate calendar. Unless otherwise ordered by the court, telephonic appearances will not be allowed at any proceeding at which witnesses will be called to testify or at settlement conferences.

(B) Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made 51

Local Rules of the Superior Court of California, County of Shasta

arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures.

(C) Notwithstanding any other provision of this rule, the court may at any time require the personal appearance of any party. (Amended, effective July 1, 2015)

RULE 15.17 FEES AND COMMISSIONS IN GUARDIANSHIPS, CONSERVATORSHIPS AND TRUSTS

(A) Attorney Fees In General:

In determining the reasonable attorney’s fees to be granted in guardianships,
conservatorships and trusts within the jurisdiction of the court, the court will require
compliance with Section 6148 of the Business and Professions Code as follows:

(1) In any matter in which it is reasonably foreseeable that the total expenses to a
client, including attorney fees, will exceed one thousand dollars ($1,000.00), there
should be a written contract between the attorney and client for services in the
matter containing all of the following:

(a) The hourly rate and other standard rates, fees and charges applicable to the
matter.

(b) The general nature of the legal services.

(c) The respective responsibilities of the attorney and the client as to the
performance of the contract.

(2) In any guardianship, conservatorship or trust within the jurisdiction of the court
where there is no such written contract, reasonable attorney’s fees will be
determined by the court using hourly rates that are customary in Shasta County.

(3) In any case, attorney’s fees may be denied or reduced below customary or
contractually agreed amounts if the court determines that the services have not
been performed in an efficient, timely or competent manner.

(4) Only legal fees for counsel appointed by the court to represent the conservatee
may be approved and included in the Order Appointing Conservator.

(5) Where an attorney is the fiduciary and is a member of a law firm, attorneys’ fees
will not be allowed unless a declaration is executed by the fiduciary agreeing that
the fiduciary will not share in the attorneys’ fees to be received by the firm.

(B) Guardianships and Conservatorships:

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(1) All petitions for compensation to a guardian, conservator, or attorney for a guardian
or conservator shall include the information required by CRC Rules 7.751 and
7.702. The court will evaluate the services as a whole rather than designate part of
the services as “ordinary” and part of the services as “extraordinary.” In
determining the amount of just and reasonable compensation, the court will
consider the factors set forth in CRC Rule 7.756.

(2) In the event the attorney has performed bookkeeping and other services for an
individual fiduciary, the court may award the fiduciary’s attorney a larger
compensation and the individual fiduciary a lesser compensation.

(3) The fiduciary may employ tax counsel, accountants or other tax experts for the
preparation of tax returns and for other tax related services and pay from the funds
of the estate for such services. The court may deduct from the fiduciary’s
commission any sums paid from estate funds for performance of the fiduciary’s
duties such as ordinary accounting and bookkeeping services.

(C) Trusts:

(A) Compensation of Trustees:

In determining or approving compensation of a trustee, the court will consider the
factors set forth in CRC Rule 7.776. Compensation for the trustee will ordinarily
be allowed as provided in the governing instrument, unless the Court fixes a
greater or lesser amount pursuant to Probate Code section15680(b). If the
instrument is not specific, the court will establish reasonable compensation.

(B) Attorney Fees:

Compensation for an attorney for the trustee will ordinarily be allowed as
provided in the governing instrument. If the instrument is not specific, the court
will establish reasonable compensation, based on a detailed description of the
services rendered, their necessity, benefit to the estate, expertise required, time
expended, and hourly rate.

(C) The time for allowing compensation is governed by Probate Code sections 15680-
15688. Petitions for periodic payments must comply with Probate Code section
2643.

(Adopted, Effective July 1, 2008)

RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS

(A) Every party petitioning to appoint a conservator or a guardian shall provide an extra copy of the petition and all supporting documents to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional documents filed after the initial petition shall be subject to the same process. 53

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(B) The fee for court investigations in guardianship and conservatorship proceedings is specified in the court’s fee schedule, which is available at the public counter of the clerk’s office or on the court’s web site at www.shasta.courts.ca.gov. Unless a fee waiver has been granted, the court investigation fee will be collected at the time of filing of any petition to establish a guardianship in which the proposed guardian is a relative, pursuant to Probate Code section 1513.1. In conservatorship proceedings, the court will determine whether to collect, waive or defer the court investigation fee after the investigator’s report has been completed, pursuant to Probate Code section 1851.5. (Amended, effective July 1, 2019)

RULE 15.19 FACSIMILE FILING

This court does not accept direct fax filings as provided by CRC, rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC, rule 2.303, with the exception of those documents identified in CRC 2.300(b). “Fax filing agency” means an entity that receives documents by fax for processing and filing with the trial courts. An attorney or law office may be a “fax filing agency” for the attorney, law office or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met. (Amended, effective July 1, 2019)

RULE 15.20 TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE

(A) The conservator shall notify the court within ninety (90) days of the death of the conservatee.

(B) Upon receiving notice of the death of the conservatee, if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052. (Adopted, July 1, 2014)

SECTION 16

JUVENILE COURT RULES

RULE 16.01 ALL PURPOSE ASSIGNMENT

All juvenile dependency proceedings are assigned for all purposes to the supervising judge of the juvenile dependency division and all juvenile delinquency proceedings are assigned for all purposes to the supervising judge of the juvenile delinquency division as designated in an administrative order issued each year. (Amended, effective July 1, 2018)

RULE 16.02 PROCEDURES AND TIME FRAMES FOR CONTESTED ISSUES

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Should any parent, child or social worker request a contested hearing on any issue pertaining to child dependency proceedings, the request may be made orally during the law and motion calendar for dependency proceedings. The court shall set the matter for hearing in accordance with the time limitations established by law (e.g., Welfare and Institutions Code Section 334; California Rules of Court 5.680. (Adopted, effective January 1, 1996)

RULE 16.03 MEET AND CONFER REQUIREMENT

(A) Within seven days but not less than two days prior to any contested hearing in a juvenile dependency proceeding, all counsel shall meet and confer with the court officer assigned by the Department of Social Services and/or the Deputy or Assistant County Counsel assigned to the case. Counsel will have previously met with their respective clients and will be ready to discuss the issues to be resolved. Meet and confer requirements of these rules do not apply to parties representing themselves in propria persona.

(B) If the parties are unable to resolve the issues, each party shall advise the other counsel orally or in writing not later than 24 hours prior to the scheduled hearing of the names and addressed of each anticipated witness (addresses of confidential foster parents need not be disclosed). Failure to comply may be cause for preclusion of the witness from testifying.

(C) Written reports of expert witnesses, if any, must be disclosed to all parties at least 24 hours in advance of the hearing. (Amended, effective January 1, 2005)

RULE 16.04 WRITTEN WAIVER

In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel shall furnish the court, at the time of the plea, a written Judicial Council waiver form which has been discussed with and completed by the parent(s). (Amended, effective January 1, 2005)

RULE 16.05 ATTORNEYS FOR PARTIES

(A) General Competency Requirement. All attorneys appearing in juvenile dependency proceedings shall, at a minimum, comply with the standards of competence required by California Rules of Court, Rule 5.660. In addition, all attorneys appearing in juvenile proceedings shall comply with the minimum standards of training and experience set forth in these rules.

(B) Minimum Standards of Training and Experience. Each attorney appearing in a dependency proceeding shall have either:

(1) Within the preceding three (3) years, participated in at least eight (8) hours of
training or education in juvenile dependency law as specified in California Rules
of Court, Rule 5.660; or
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(2) At least 24 hours of experience within the preceding year in dependency
proceedings in which the attorney has demonstrated competence in the
representation of his or her clients in said proceedings.

(C) Attorney Competency Certification.

(1) Each attorney appearing in dependency proceedings on the effective date of these
rules, who believes that he or she meets the minimum standards of training and
experience set forth in these rules shall complete and submit to the court, within
30 days of the effective date of these rules LF-JUV-101, Certification of Attorney
Competency. After the effective date of these rules, any attorney appearing in a
dependency matter for the first time shall complete and submit LF-JUV-101,
Certification of Attorney Competency, to the court within ten (10) days of his or
her first appearance in a dependency matter.

(2) Any attorney appearing before the court in a dependency proceeding pending on
the effective date of these rules who does not meet the minimum standards of
training and experience of these rules shall notify the court to that effect and shall
have until April 30, 2002, to complete the minimum number of hours of training
required to fulfill the requirements of these rules. If the attorney fails to complete
such training, the court shall proceed under subdivision (F) of this rule.

(D) Deemed Competent. Upon submission of LF-JUV-101, Certification of Attorney Competency which demonstrates that the attorney has met the minimum standards of training and experience of these rules, the attorney shall be deemed competent to practice before the court in dependency proceedings unless the court determines, based on conduct or performance of the attorney before the court in a dependency proceeding within the six (6) month period prior to the submission of the certification to the court, that the attorney does not meet minimum competency standards. In such case, the court shall proceed under subdivision (F) of this rule.

(E) Renewal of Competency Certification. In order to retain his or her certification to practice in dependency proceedings, each attorney previously certified by the court shall submit a new Certification of Attorney Competency to the court in or before January 31 of the third year after the year in which the attorney is first certified, and then every third year thereafter. The attorney shall attach to the renewal Certification of Attorney Competence evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified. If a certified attorney fails to comply with this rule, the court shall proceed under subdivision (F) of this rule.

(F) Failure of Attorney to be Certified. If an attorney fails to meet the minimum competency standards of these rules, the court shall notify the attorney that he or she will be decertified. That attorney shall have 20 days from the date of the mailing of the notice to submit evidence of compliance with the training and education requirements for certification or renewal of certification to practice in dependency proceedings in the 56

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court. If the attorney fails to submit the required evidence, the court shall order that certified counsel be substituted for the counsel who fails to complete the required training, except in cases where a party is represented by retained counsel. In the case of retained counsel, the court shall notify the party that his or her attorney has failed to meet the minimum standards required by these rules. The determination whether to obtain substitute private counsel shall be solely within the discretion of the party so notified.

(G) Out-Of-County Attorneys. In the case of an attorney who maintains his or her principal office outside of this county, proof of certification by the juvenile court of the California county in which the attorney’s principal office is located shall be sufficient evidence of competence to appear in dependency proceedings in this county.

(H) Attorneys and Guardians Ad Litem for Children. An attorney will be appointed for any unrepresented child who is the subject of a petition under Welfare and Institutions Code Section 300 and in any case in which a prosecution is initiated under the Penal Code arising from neglect or abuse of the child. Any such court-appointed attorney shall maintain a caseload that allows him or her to perform the duties required by Welfare and Institutions Code section 317(e) and meet the standards of representation required by California Rules of Court, Rule 5.660. The attorney shall also serve as the child’s guardian ad litem in the proceeding unless the court determines a conflict exists between the roles and responsibilities of the child’s attorney and the child’s guardian ad litem, in which event the court will appoint another attorney to serve as the child’s guardian ad litem. The court may also appoint a Court Appointed Special Advocate to serve as guardian ad litem jointly with the attorney appointed as such. (Amended, effective July 1, 2013)

RULE 16.06 AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS

The administration of psychotropic drugs to minors who are wards or dependent children of the court shall only occur upon the authorization of a duly licensed physician. A Request for Psychotropic Medication Therapy shall be prepared by the minor’s physician and provided to CPS/Probation for submission to the minor’s parent or guardian to obtain consent, or in the absence of or unwillingness of parent or guardian to consent, to the Juvenile Court in support of an application for authority to administer the medication.

The administering physician may initiate or continue the use of such drugs for a five to seven day temporary period (the longer period applicable when the last day occurs on a weekend or court holiday) while Probation or CPS attempts to obtain parental or guardian consent. As soon as it becomes known that the minor, a parent, guardian, parent/guardian’s attorney and/or the minor’s attorney objects to administration of psychotropic drugs, the matter will be set for hearing in the Juvenile Court. In the absence of written objections, the court will review and consider the Request for Psychotropic Medication Therapy, and issue such orders as it deems appropriate within two (2) days after submission. If the minor has been involuntarily detained pursuant to Welfare and Institutions Code §5585, et seq., the Juvenile Court and the Superior Court shall have concurrent jurisdiction to issue orders regarding involuntary administration of psychotropic drugs. Prior to issuance of an order for such treatment by the Superior Court, the

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Court must conduct a hearing pursuant to Welfare and Institutions Code §5332 and find that the minor lacks capacity to make an informed decision to refuse the medication. (Adopted, effective January 1, 1999)

RULE 16.07 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD

(A) At any time during the pendency of a dependency proceeding, any interested person may notify the court that the minor who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the court of such right or interest as soon as it is reasonably possible for counsel to do so.

(B) Notice to the court may be given by the filing of Judicial Council Form JV-180, Request To Change Court Order or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.

(C) If the person filing the notice is the counsel for the minor, the motion shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed actions, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child’s interests and whether further investigation may be necessary.

(D) If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.

(E) The court may set a hearing on the notice if the court deems it necessary in order to determine the nature of the child’s right or interest or whether said interest should be protected or pursued.

(F) If the court determines that further action on behalf of the child is required, the court will appoint an attorney for the child if the child is unrepresented by counsel, and will do one or more of the following:

(1) Refer the matter to the appropriate agency for further investigation, and require a
report to the court within a reasonable time;

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(2) Authorize the minor’s attorney to initiate and pursue the matter on the child’s
behalf;

(3) Appoint a guardian ad litem for the child for the purposes of initiating or pursuing
appropriate action in the other forum(s);

(4) Take any other action the court may deem necessary or appropriate to protect or
pursue the welfare, interests and rights of the child. [effective date 7/1/01];

(Amended, effective July 1, 2013)

RULE 16.08 COMPLAINTS AGAINST ATTORNEYS FOR PARTIES IN DEPENDENCY PROCEEDINGS

All counsel appointed to represent a party in a dependency action shall advise his or her client, age 12 years or older, that they have the right to submit a written complaint concerning the performance of the attorney. Written complaints shall be lodged with the court, stamped “RECEIVED” and shall be copied to the attorney in question. The attorney may, if he or she so chooses, or shall if directed so by the court, file a written response to the complaint. The presiding judge of the juvenile dependency court shall review the complaint and any response of the attorney and shall take appropriate action including, but not limited to, permitting a hearing on the written complaint at the next scheduled court appearance. A party may also advise the attorney at the time of any hearing that he or she wishes to have the court consider appointment of a different attorney. The attorney shall then advise the court of the party’s request. (Adopted, effective January 1, 1999)

RULE 16.09 CONFIDENTIALITY OF RECORDS/PETITIONS (Dependency and Delinquency Proceedings)

(A) Access to Records. With the exception of those persons or agencies permitted to inspect juvenile court records without court authorization under Welfare and Institutions Code sections 827, 827.10 and 828, California Rules of Court, Rule 5.552(b), and those identified in sections (1)-(3) below, every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization. Where access to juvenile records and information is necessary and relevant in connection with a pending juvenile case, the following agencies and persons may inspect and receive copies of juvenile court records without filing a petition pursuant to Welfare and Institutions Code section 827, but must restrict dissemination pursuant to section 827(a)(4):

(1) Court Appointed Special Advocates (CASA), as provided under Welfare &
Institutions Code sections 105 and 107;

(2) An Indian child’s tribe representative if the tribe has intervened in the juvenile’s
case;

(3) Any licensed, psychiatrist, psychologist, or other mental health professional
ordered by the Shasta County Superior Court to examine or treat the juvenile or
the juvenile’s family.
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(B) Filing Petition. All Petitions for Disclosure of Confidential Juvenile Records and Petitions to Obtain Report of Law Enforcement Agency/Juvenile (Judicial Council Form JV-570 and JV-575, respectively) shall be filed in Room 112 of the Shasta County Courthouse, 1500 Court Street, Redding, CA 96001. Petitioner shall submit one original and two copies for filing. If a conformed copy is requested, additional copies with a self- addressed stamped envelope shall be included.

(C) Completing Petition. The Petition shall be completed with specificity regarding the records sought and the relevance and necessity of said records. If access is sought in relation to pending civil litigation the attorney of record shall attach a separate declaration signed under penalty of perjury pursuant to Code of Civil Procedure §2015.5 that he/she is the attorney of record in a pending action or potential action which relates to the petition. The declaration must contain: a) the type of action being pursued; b) identification of the party represented by said attorney; c) specification of the necessity and relevance of access to said juvenile records sought, including a copy of the complaint; d) evidence of designation as counsel of record (e.g., minute order or other court documentation with such identification, copy of complaint or a valid retainer agreement.) The petitioning attorney shall include in his/her declaration, under penalty of perjury, that any records or reports or information relating to the contents of these records or reports shall not be disseminated to any persons or agencies not authorized to receive documents under Welfare and Institutions Code §827 without further court order and comport with the requirements pursuant to Navajo Express v. Superior Court of San Mateo County (1986) 186 C.A. 3d 981.

(D) Notice. At least five calendar days before the petition is filed with the court, petitioner shall personally or by first class mail serve, or attempt to serve, a copy of the petition on the following: county counsel, district attorney, child, attorney of record for child, parent or guardian of a child under the age of 18, probation department, and child welfare services program. Requests for Orders Shortening Time will only be granted upon a showing a good cause based upon exceptional circumstances.

(E) Objections. Any objections to the petitioner’s request for access to juvenile records must be submitted in writing to, and received by, the Juvenile Court Presiding Judge no later than 5 actual days after the filing date of the petition. Prompt telephonic notice to the court that such an objection is forthcoming must be provided, in order to ensure proper consideration of such an objection. The judicial assistant may be reached for that purpose at (530) 225-5116.

(F) Hearings. Petitions will be handled without a hearing unless the Presiding Judge of the Juvenile Court or his/her designee sets one.

(G) Order. If the court orders disclosure of juvenile court records, the court will issue Judicial Council Form JV-574, Order After Judicial Review, which shall include the Court’s standard Protective Order (local form LF-JUV-102). It is incumbent upon the Petitioner to present the Order to the respective agency and to comply with all agency rules and procedures including but not limited to the payment of any costs associated with the copying of records as identified in the Order. 60

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(Amended, effective July 1, 2018)

RULE 16.10 COURT-APPOINTED SPECIAL ADVOCATES

(A) Establishment of CASA Program.

(1) Adoption of guidelines. The court hereby adopts as a Local Rule of Court the
guidelines for court-appointed special advocate (CASA) programs set forth in
.Welfare and Institutions Code Sections 100-109 and California Rules of Court,

Rule 5.655, by incorporation.

(2) Appointment of Special Advocates. The court may appoint child advocates
(Special Advocates) to represent the interests of dependent children. In order to
qualify for appointment, the Special Advocate must be trained by and function
under the auspices of a CASA program formed and operating under the guidelines
adopted in subsection (A) above.

(3) Reports of compliance. The CASA program shall report regularly to the
Presiding Judge of the Juvenile Court with evidence that it is operating under the
guidelines for CASA programs.

(4) Confidentiality. The CASA program and all Special Advocates appointed under
this Local Rule of Court shall comply with the confidentiality requirements of
California Rules of Court, Rule 5.655, subdivision (d).

(B) Duties of Special Advocates.

(1) Sworn officer of the court. A Special Advocate is an officer of the court and is
bound by these rules. Each Special Advocate shall be sworn in by a judge or
court commissioner before beginning his or her duties, and shall subscribe to a
written oath. Special Advocates serve at the pleasure of the court having
jurisdiction over the proceeding in which the Special Advocate has been
appointed.

(2) Functions. In general, a Special Advocate's functions are as follows:

(a) To support the child throughout the court proceeding;

(b) To establish a relationship with the child to better understand his or her
particular needs and desires;

(c) To communicate the child's needs and desires to the court in written reports
and recommendations;

(d) To identify and explore potential resources which will facilitate early family
reunification or alternative permanency planning;

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(e) To provide continuous attention to the child's situation to insure that the court's
plans for the child are being implemented;

(f) To the fullest extent possible, to communicate and coordinate efforts with the
case manager (probation officer or social worker);
(g) To the fullest extent possible, to communicate and coordinate efforts with the
child's attorney; and

(h) To represent the interests of the child in other judicial or administrative
proceedings.

(3) Specific duties. In its initial order of appointment, and thereafter in subsequent
orders as appropriate, the court may specifically delineate the Special Advocate's
duties in each case, including interviewing and observing the child and other
appropriate individuals, reviewing appropriate records and reports, consideration
of visitation rights for the child's grandparents and other relatives, and reporting
back directly to the court as indicated. If no specific duties are outlined by the
court order, the Special Advocate shall discharge his or her obligation to the child
and the court in accordance with the functions set forth in section 16.10(B)(2)
above.

(4) Report of child abuse. A Special Advocate is a mandated child abuse reporter
with respect to the case in which he or she is appointed.

(5) Visitation throughout dependency. A Special Advocate shall regularly visit the
child to whose case he or she has been appointed. The Special Advocate shall
monitor the case as appropriate until dependency is dismissed.

(6) Communication. There shall be ongoing, regular communication concerning the
child's best interests, current status, and significant case developments,
maintained among the Special Advocate, case manager, child's attorney, attorneys
for parents, relatives, foster parents, and therapist for the child.

(7) Family law advocacy. Should the court dismiss the dependency action and
create family law court orders pursuant to Welfare and Institutions Code section
362.4, the Special Advocate's appointment may be continued in the family law
proceeding, in which case the court order shall set forth the nature, extent and
duration of the Special Advocate's duties in the family law proceeding

(C) Rights of special advocates.

(1) Investigations and access to records. To accomplish the appointment of a Special Advocate, the judge or commissioner making the appointment shall sign an order granting the Special Advocate the authority to interview parties involved in the case, as well as persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the court. Upon appointment, a Special Advocate shall have the right to 62

Local Rules of the Superior Court of California, County of Shasta

inspect and copy records relating to the child he or she is appointed to represent
that are in the possession of the child's case manager (social worker or probation
officer). Pursuant to Welfare & Institutions Code section 107, the Special
Advocate may be granted access to records regarding the child that are not in the
possession of the case worker upon further order of the court. The Special
Advocate shall present the further order of the court and his or her identification
as a Court Appointed Special Advocate to the holder of any such records in
support of his or her request for access to specific records. No consent from the
parent or guardian is necessary for the Special Advocate to have access to any
records relating to the child.

(2) Timely notice. The moving party shall provide the Special Advocate timely
notice of any motions concerning a child for whom a Special Advocate has been
appointed.

(3) Right to appear. A Special Advocate shall have the right to be present and be
heard at all court hearings, and shall not be subject to exclusion by virtue of the
fact that he or she may be called to testify at some point in the proceedings. A
Special Advocate shall not be deemed to be a "party" as described in Title III of
Part 2 of the Code of Civil Procedure. However, the court at its discretion shall
have the authority to grant the Special Advocate amicus curiae status, which
includes the right to appear with counsel.

(D) Distribution of CASA reports. CASA reports shall be submitted to the court at least five (5) court days prior to the hearing. CASA shall serve a copy of the report on the parties to the case, including but not limited to county counsel, attending case social worker, child's attorney, parents attorney, child (via foster family agency), ICWA representative (if applicable) and de facto parents. CASA shall serve a copy of the report on the parties entitled to receive a copy at least two (2) court days prior to the hearing. (Adopted, January 1, 2010)

SECTION 17

APPELLATE DIVISION RULES

RULE 17.01 RECORD ON APPEAL – TRIAL COURT FILE INSTEAD OF CLERK’S TRANSCRIPT

In accordance with California Rules of Court, Rules 8.833, 8.863, and 8.914, the appellate division elects to use the original trial court file in lieu of a clerk’s transcript on appeal in appeals of limited civil, misdemeanor, and infraction cases. (Adopted, effective July 1, 2009)

SECTION 18 FORMS

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RULE 18.01 LOCAL FORMS

Local forms that have been adopted for either optional or mandatory use are listed in Appendix A by form number and in Appendix B by form name. Local forms are available on the court’s website at www.shasta.courts.ca.gov under the “Forms” link, and are available at the clerk’s counter. (Amended, effective July 1, 2015)

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A

Ability to Pay/Online Pilot Program (Traffic), Rule 11.07 ......................................................................... 32 Accounts in Probate Proceedings, Rule 15.11 .......................................................................................... 50 Additional Notice Requirements, Rule 15.04 ........................................................................................... 47 All Purpose Assignment, Exemption from Case Management Conference, Rule 3.02 .............................. 9 All Purpose Assignment, Rule 16.01 ......................................................................................................... 54 Amendment, Addition, or Repeal of Rules, Rule 1.06 ................................................................................ 2 Appeal from Decision of Labor Commissioner under Labor Code section 98.2, Rule 5.07 ..................... 13 Arraignment, Rule 6.04 ............................................................................................................................ 24 Arrest and Search Warrants, Rule 6.03 .................................................................................................... 23 Assistant Presiding Judge, Rule 2.03 .......................................................................................................... 3 At-Issue Memorandum/Request for Trial, Rule 14.06 ............................................................................. 42 Attorney Fees in Civil Actions or Proceedings, Rule 5.01 ......................................................................... 11 Attorneys for Parties, Rule 16.05 ............................................................................................................. 55 Authorization for Use of Psychotropic Drugs, Rule 16.06 ........................................................................ 57

B

Bail, Rule 6.02 ........................................................................................................................................... 21

C

Caption of Petitions and Posting, Rule 15.02 ........................................................................................... 46 Case Disposition Time Standards, Rule 2.09 .............................................................................................. 5 Child Custody Evaluations, Rule 14.02 ..................................................................................................... 40 Child Support and Temporary Spousal or Partner Support, Rule 14.07 .................................................. 43 Citation of Rules, Rule 1.01 ........................................................................................................................ 1 Claims for Payment by Court Appointed Counsel, Rule 13.04 ................................................................. 33 Collections Cases under CRC Rule 3.740, Rule 3.05 ................................................................................. 10 Commissioners and Judges Pro Tem, Rule 2.05 ......................................................................................... 4 Commissions and Fees in Probate Estates, Rule 15.09 ............................................................................ 48 Complaints against Attorneys for Parties in Dependency Proceedings, Rule 16.08 ................................ 59 Confidentiality of Records/Petitions (Dependency and Delinquency Proceedings) ................................ 59 Conflicting Court Appearances, Rule 5.18 ................................................................................................ 16 Conservatorships - Care Plans, Rule 15.13 ............................................................................................... 51 Construction and Application of Rules, Rule 1.04 ...................................................................................... 1 Contesting a Ticket, Rule 11.03 ................................................................................................................ 31 Continuances of Preliminary Examinations, Rule 10.02........................................................................... 30 Coordinated Courts - Unified Court, Rule 2.11 .......................................................................................... 7 Counsel Permitted to Appear, Association of Counsel, Rule 3.06 ........................................................... 10 Court Investigation of Petitions to Appoint Guardians or Conservators, Rule 15.18 .............................. 53 Court Reporters, Rule 2.06 ......................................................................................................................... 4 Court-Appointed Special Advocates, Rule 16.10 ...................................................................................... 61 Criminal Pre-Voir Dire Conference, Rule 9.05 .......................................................................................... 30 Criminal Trial Readiness and Trial Assignment, Rule 9.04 ....................................................................... 28

D

Default Prove Ups, Rule 5.12 .................................................................................................................... 14

Index - 1

Local Rules of the Superior Court of California, County of Shasta

Definitions of Words Used in These Rules, Rule 1.05 ................................................................................ 1 Digital Signatures, Rule 2.19 ....................................................................................................................... 9 Discovery Motions - Separate Statement, Rule 5.04 ............................................................................... 12 Discovery, Rule 8.01 ................................................................................................................................. 26 Duties of the Presiding Judge and Assistant Presiding Judge, Rule 2.02 ................................................... 3

E

Effect of Rules, Rule 1.03 ............................................................................................................................ 1 Effective Date of Rules, Rule 1.02 .............................................................................................................. 1 Exercise of Challenges Pursuant to CCP section 170.6 in Felony Cases, Rule 9.01 .................................. 27 Exercise of Challenges Pursuant to CCP section 170.6, Rule 10.03 ......................................................... 31

F

Facsimile Filing, Rule 13.08 ...................................................................................................................... 38 Facsimile Filing, Rule 14.11 ...................................................................................................................... 44 Facsimile Filing, Rule 15.19 ...................................................................................................................... 54 Facsimile Filing, Rule 5.14 ........................................................................................................................ 14 Family Centered Case Resolution Process, Rule 14.05 ............................................................................ 41 Family Court Services Counseling, Rule 14.01 .......................................................................................... 38 Family Law Facilitator, Rule 14.03 ............................................................................................................ 41 Fees and Commissions in Guardianships, Conservatorships and Trusts, Rule 15.17 ............................... 52 Felony and Misdemeanor Home Courts, Rule 13.05 ............................................................................... 37 Filing Criminal Complaints and Citations, Rule 6.01 ................................................................................. 21 Form of Judgment, Rule 5.05 ................................................................................................................... 12

G

Guardianships - Annual Reports, Rule 15.14 ............................................................................................ 51

J

Judgment of Costs on Appeal, Rule 5.08 .................................................................................................. 13 Judicial Vacation Day Defined, Rule 2.15 ................................................................................................... 8 Jury Selection Boundaries, Rule 2.08 ......................................................................................................... 5

L

Law and Motion Matters, Rule 5.17 ......................................................................................................... 15 Local Forms, Rule 18.01............................................................................................................................ 64

M

Mandatory Disclosure of Information In Custody and Visitation Matters, Rule 14.10 ............................ 44 Mandatory Settlement Conference, Rule 3.04 ........................................................................................ 10 Media Coverage Orders, Rule 2.17 ............................................................................................................ 8 Meet and Confer Requirement, Rule 16.03 ............................................................................................. 55 Mental Competency Proceedings, Rule 13.02 ......................................................................................... 32 Motions at Trial, Rule 9.02 ....................................................................................................................... 27

N

Negotiations Prior to Settlement Conference, Rule 7.01 ......................................................................... 25

Index - 2

Local Rules of the Superior Court of California, County of Shasta

O

Order for Family Allowance, Rule 15.08 ................................................................................................... 47

P

Pagers and Cellular Phones, Rule 2.12 ....................................................................................................... 7 Payment or Waiver of Fees, Rule 5.16 ..................................................................................................... 15 Petition to Establish Fact of Death, Rule 15.12 ........................................................................................ 50 Petitions to Approve Transfer of Structured Settlement Payment Rights, Rule 5.03 .............................. 12 Place for Filing Notices of Appeal and Certain Other Pleadings, Rule 2.16 ............................................... 8 Pretrial Motions, Rule 7.03 ...................................................................................................................... 25 Procedures and Time Frames for Contested Issues, Rule 16.02 .............................................................. 54 Procedures for Informing the Court of the Interests of a Dependent Child, Rule 16.07 ......................... 58

R

Readiness Calendar, Rule 7.02 ................................................................................................................. 26 Record on Appeal - Trial Court File instead of Clerk's Transcript, Rule 17.01 .......................................... 63 Recording Devices in the Courthouse by Non-Media, Rule 2.18 ............................................................... 8 Requests for Accommodation by Persons with Disabilities, Rule 2.13 ...................................................... 7 Requests for Clerk to Sign Documents, Rule 2.14 ...................................................................................... 7 Required Attorney Notification for Unopposed and Dropped Matters, Rule 1.08 .................................... 3 Required Matters in a Petition for Final Distribution, Rule 15.10 ............................................................ 49 Requirements for Appointed Counsel in Capital Cases, Rule 13.06 ......................................................... 37 Rules for Actions Arising Under the California Environmental Quality Act--Public Resources Code section 21000 et seq., Rule 5.19 .......................................................................................................... 16

S

Sanctions, Rule 13.01 ............................................................................................................................... 32 Sanctions, Rule 5.09 ................................................................................................................................. 13 Scheduling Ex Parte Motions and Applications, Rule 5.15 ....................................................................... 15 Scope of Rules, Authority, Rule 3.01 .......................................................................................................... 9 Sentence Modifications, Rule 13.03 ......................................................................................................... 33 Service by Delivery to Clerk of the Court, Rule 14.09 .............................................................................. 44 Service by Delivery to Clerk of the Court, Rule 5.21 ................................................................................ 20 Service of LF-CIV-100, Notice of 1) All Purpose Assignment, 2) Mandatory Settlement Conference and 3) Trial, Rule 3.03 ................................................................................................................................. 10 Service of LF-UD-102, Notice of Case Management Conference, Rule 5.02 ............................................ 12 Service of Objecton to Petition - Guardianship, Rule 15.01 ..................................................................... 46 Signing and Verification of Pleadings, Rule 15.03 .................................................................................... 47 Small Claims Advisory Services, Rule 5.20 ................................................................................................ 20 Smoking, Rule 2.10 ..................................................................................................................................... 6 Standards of Practice for Providers of Supervised Visitation, Rule 14.12 ................................................ 44 Stipulated Judgment Form to be Separate from Stipulation, Rule 5.06 .................................................. 13 Submission of Criminal Jury Instructions, Rule 9.03 ................................................................................ 27 Supervision of the Business of the Court, Rule 2.01 .................................................................................. 3

T

Telephonic Appearances, Rule 15.16 ....................................................................................................... 51 Telephonic Appearances, Rule 5.13 ......................................................................................................... 14

Index - 3

Local Rules of the Superior Court of California, County of Shasta

Tentative Rulings, Rule 15.15 ................................................................................................................... 51 Termination of Conservatorship - Death of Conservatee, Rule 15.20 ..................................................... 54 The Executive Officer, Assistant Executive Officer, and Clerk of the Court, Rule 2.04 .............................. 4 The Settlement Conference, Rule 7.02 .................................................................................................... 25 Time Estimates for Preliminary Examinations, Rule 10.01 ...................................................................... 30 Time for Submitting Orders and Affidavits of Publication, Rule 15.06 .................................................... 47 Timely Appearance of Counsel and Required Notification, Rule 1.07 ....................................................... 2 Transfer of Probation, Rule 13.07 ............................................................................................................ 38 Trial Continuances, Rule 11.05 ................................................................................................................. 31 Trial Settings, Rule 7.04 ............................................................................................................................ 26 Trials by Declaration, Rule 11.06 .............................................................................................................. 32

W

Wording of Probate Orders, Rule 15.05 ................................................................................................... 47 Written Waiver, Rule 16.04 ...................................................................................................................... 55

Index - 4

Local Rules of the Superior Court of California, County of Shasta

LIST OF LOCAL FORMS BY NUMBER

Form Number Mandatory or Effective Optional Use Date CF-011 Stipulation, Notice and Order Re: Exhibits Optional 8/14/12 CF-018 Stipulation and Order for Release of 9/16/10 Exhibits and Acknowledgement of Optional Receipt CF-055 2/5/14 Copy/Research Request Form Optional

LF-ADP-100 Petition for Birth Record Information Optional 1/7/16 LF-ADP-101 Adoption Agreement - Adult Optional 3/13/12 LF-ADP-102 Adoption Petition - Adult Optional 3/13/12 LF-ADP-103 Adoption – Adult - Consent of Spouse of 9/19/12 Optional Adoptee LF-ADP-104 Order of Adoption - Adult Optional 3/13/12 LF-ADP-105 Adoption -Adult - Consent (spouse 3/19/12 Optional adopting) LF-APL-100 Notice of Appeal - Civil Limited Optional 3/14/12 LF-APL-101 Notice of Appeal - Parking Optional 3/14/12 LF-APL-102 Notice of Abandonment of Appeal/Lower 3/14/12 Optional Court LF-CIV-100 Notice of Assignment for All Purposes 1/7/16 Mandatory and Status Conference- Civil LF-CIV-101 Notice – Collections Case Mandatory 1/7/16 LF-CIV-103 Alternative Dispute Resolution (ADR) Mandatory 3/28/13 Information Package LF-CRM-100 Claim for Payment by Court-Appointed 3/14/12 Mandatory Counsel LF-CRM-101 Order for Payment of Attorney’s Fees and 3/14/12 Mandatory Costs LF-CRM-102 Verification of Qualifications of Lead 3/14/12 Mandatory Counsel – Capital Cases LF-CRM-103 Verification of Qualifications of Associate Mandatory 3/14/12 Counsel – Capital Cases LF-CRM-104 Verification of Alternate Qualifications of 3/14/12 Mandatory Counsel – Capital Cases

Appendix A - 1

Local Rules of the Superior Court of California, County of Shasta

LF-CRM-105 Declaration in Support of Order to 7/1/14 Optional Transfer to Probation LF-CRM-106 Petition for Reduction and/or 7/1/15 Optional Resentencing LF-CRM-107 Response and Order Optional 7/1/15 LF-CRM-108 Motion for Sealing of Arrest Record and 7/1/15 Optional Court File LF-CRM-109 District Attorney’s Response to Motion 7/1/15 for Sealing of Arrest Record and Court Optional File LF-CRM-110 Order on Motion for Sealing of Arrest 7/1/15 Optional Record and Court File LF-CRM-117 Cruz/Vargas Waiver Attachment Optional 7/1/24 LF-FAM-100 Family Law At-Issue Memorandum Optional 3/14/12 LF-FAM-105 Mandatory Disclosure of Information 7/1/19 Mandatory (Child Custody and Visitation) LF-JUV-100 Notification of Last Known 3/14/12 Optional Address/Change (Juvenile Dependency) LF-JUV-101 Certification of Attorney Competency – 3/14/12 Mandatory Juvenile Court LF-JUV-102 827 Protective Order 5/14/18 LF-MSC-100 Sister State Judgment Optional 3/14/12 LF-MSC-101 Bench Warrant Identification Sheet Optional 3/14/12 LF-MSC-102 Declaration re Notice of Ex Parte 3/5/21 Optional Application for Temporary Order LF-MSC-103 Request and Order for Return of Optional 2/26/15 Exhibits/Records LF-MSC-104 Application and Order for Service on 6/29/16 Mandatory Clerk of the Court LF-PRB-100 Conservatorship Care Plan Mandatory 3/14/12 LF-PRB-101 Order Appointing Court Investigator Optional 3/14/12 LF-PRB-102 Affidavit Under California Probate Code 7/1/12 Optional Section 13101 LF-PRB-104 Objection to Petition for Guardianship Optional 7/1/15 LF-SCL-100 Stipulation for Entry of Judgment 3/14/12 Optional (Plaintiff Claim) LF-SCL-101 Stipulation for entry of judgment (Cross- 3/14/12 Optional Claim) LF-SCL-102 Declaration and Order - Satisfaction of 3//14/12 Optional Judgment LF-SCL-103 Order on Change of Venue/Transfer Optional 3/14/12

Appendix A - 3

Local Rules of the Superior Court of California, County of Shasta

LF-TRF-100 Application for order of rehearing, Modification or Set Aside Order of Optional 7/1/15 Juvenile traffic hearing officer LF-UD-100 Application And Declaration For Order, 3/19/12 Service Of Summons And Complaint In Optional Unlawful Detainer Action By Posting And Mailing LF-UD-101 Order for Service of Summons and Optional 3/14/12 Complaint by Posting and Mailing - Unlawful Detainer LF-UD-102 Notice of Case Management Conference Mandatory 12/4/14

Appendix A - 3

LIST OF LOCAL FORMS BY NAME

Form Number Mandatory or Effective

Form Name Optional Use Date 827 Protective Order LF-JUV-102 5/14/18 Adoption -Adult - Consent (spouse LF-ADP-105 3/19/12 Optional adopting) Adoption – Adult - Consent of Spouse LF-ADP-103 9/19/12 Optional of Adoptee Adoption Agreement - Adult LF-ADP-101 Optional 3/13/12 Adoption Petition - Adult LF-ADP-102 Optional 3/13/12 Affidavit Under California Probate LF-PRB-102 7/1/12 Optional Code Section 13101 LF-CIV-103 Mandatory 3/28/13 Alternative Dispute Resolution (ADR) Information Package

Application And Declaration For LF-UD-100 Order, Service Of Summons And 3/19/12 Optional Complaint In Unlawful Detainer Action By Posting And Mailing Application and Order for Service on LF-MSC-104 6/29/16 Mandatory Clerk of the Court Application for Order of Rehearing, LF-TRF-100 Modification or Set Aside Order of Optional 7/1/15 Juvenile Traffic Hearing Officer Bench Warrant Identification Sheet LF-MSC-101 Optional 3/14/12 Certification of Attorney Competency LF-JUV-101 Mandatory 3/14/12 – Juvenile Court Claim for Payment by Court- LF-CRM-100 3/14/12 Mandatory Appointed Counsel Conservatorship Care Plan LF-PRB-100 Mandatory 3/14/12 Copy/Research Request Form CF-055 Optional 2/5/14

Cruz/Vargas Waiver Attachment LF-CRM-117 Optional 7/1/24 Declaration and Order - Satisfaction LF-SCL-102 3/14/12 Optional of Judgment Declaration in Support of Order to LF-CRM 105 7/1/14 Optional Transfer Probation LF-MSC-102 3/5/21 Declaration re Notice of Ex Parte Optional Application for Temporary Order

Appendix B - 1

Local Rules of the Superior Court of California, County of Shasta

District Attorney’s Response to LF-CRM-109 Motion for Sealing of Arrest Record Optional 7/1/15 and Court File Family Law At-Issue Memorandum LF-FAM-100 Optional 3/14/12 Mandatory Disclosure of Information LF-FAM-105 7/1/19 Mandatory (Child Custody and Visitation) Motion for Sealing of Arrest Record LF-CRM-108 7/1/15 Optional and Court File Notice – Collections Case LF-CIV-101 Mandatory 1/7/16 Notice of Abandonment of LF-APL-102 3/14/12 Optional Appeal/Lower Court Notice of Appeal - Civil Limited LF-APL-100 Optional 3/14/12 Notice of Appeal - Parking LF-APL-101 Optional 3/14/12 Notice of Assignment for All LF-CIV-100 1/7/16 Mandatory Purposes and Status Conference- Civil Notice of Case Management LF-UD-102 12/4/14 Mandatory Conference Notification of Last Known LF-JUV-100 Address/Change (Juvenile Optional 3/14/12 Dependency) Objection to Petition for Guardianship LF-PROB-104 Optional 7/1/15 Order Appointing Court Investigator LF-PRB-101 Optional 3/14/12 Order for Payment of Attorney’s Fees LF-CRM-101 3/14/12 Mandatory and Costs Order for Service of Summons and LF-UD-101 Complaint by Posting and Mailing - Optional 3/14/12 Unlawful Detainer Order of Adoption - Adult LF-ADP-104 Optional 3/13/12 Order on Change of Venue/Transfer LF-SCL-103 Optional 3/14/12 Order on Motion for Sealing of Arrest LF-CRM-110 7/1/15 Optional Record and Court File Petition for Birth Record Information LF-ADP-100 Optional 1/7/16 Petition for Reduction and/or LF-CRM-106 7/1/15 Optional Resentencing Request and Order for Return of LF-MSC-103 Optional 2/26/15 Exhibits/Records Response and Order LF-CRM-107 Optional 7/1/15 Sister State Judgment LF-MSC-100 Optional 3/14/12

Appendix B - 2

Local Rules of the Superior Court of California, County of Shasta

Stipulation and Order for Release of Exhibits and Acknowledgement of CF-018 Optional 9/16/10 Receipt Stipulation for entry of judgment LF-SCL-101 3/14/12 Optional (Cross-Claim) Stipulation for entry of judgment LF-SCL-100 3/14/12 Optional (Plaintiff Claim) Stipulation, Notice and Order Re: CF-011 8/14/12 Optional Exhibits Verification of Alternate LF-CRM-104 Qualifications of Counsel – Capital Mandatory 3/14/12 Cases Verification of Qualifications of LF-CRM-103 3/14/12 Mandatory Associate Counsel – Capital Cases Verification of Qualifications of Lead LF-CRM-102 3/14/12 Mandatory Counsel – Capital Cases

Appendix B - 3