State statute
Mendocino — Local Rules of the Superior Court of California, County of Mendocino
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-28
- Jurisdiction
- Mendocino County
Mendocino — Local Rules of the Superior Court of California, County of Mendocino¶
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Superior Court of California County of Mendocino
Local Rules Effective July 1, 2026
The following rules of court for the Superior Court of California, County of Mendocino, are adopted pursuant to Government Code 68070 and Code of Civil Procedure §§ 128 and 187 effective July 1, 2026, and replace all rules previously adopted by the Superior Court of California, County of Mendocino.
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Superior Court of California, County of Mendocino Table of Contents
General Rules ................................................................................................................................ 1
Research ....................................................................................................................................... 25
Jury Rules .................................................................................................................................... 25
Court Reporter Rules ................................................................................................................. 27
Interpreter Rules ......................................................................................................................... 29
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Attorney Fees ............................................................................................................................... 29
Guardian and Conservator Fees................................................................................................ 33
Investigation and Expert Fees.................................................................................................... 34
Claim for Payment ...................................................................................................................... 36
Use of Electronic Devices or Cameras for Making Photographs, Videotapes, or Audio Recordings in the Courthouse........................................................................................ 38
Court Security ............................................................................................................................. 41
Court Collections Program ........................................................................................................ 43
Use of Generative Artificial Intelligence in Court Cases ........................................................ 44
2.1 Case Management Conferences ........................................................................................ 45 2.2 Continuances ..................................................................................................................... 46 2.3 The Pretrial Conference .................................................................................................... 47 2.4 Motions, Evidence or Other Trial-Related Matters .......................................................... 50 2.5 Exhibits ............................................................................................................................. 50 2.6 Tentative Rulings .............................................................................................................. 51 2.7 Mandatory Settlement Conference ................................................................................... 52
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2.8 Electronic Service/Notification (CCP § 1010.6) .............................................................. 53 2.9 Prove Up Hearing for Default Judgments ......................................................................... 54 2.10 Attorney as Witness in Jury Trial ..................................................................................... 54 2.11 Submission and Lodging of Administrative Records ....................................................... 54 2.12 Attorney Fee Schedule in a Default Action on a Note or Contract .................................. 55
Small Claims ................................................................................................................................ 55 2.13 Service by Certified Mail .................................................................................................. 55 2.14 Delay Reduction................................................................................................................ 55
Unlawful Detainer Actions ......................................................................................................... 56 2.15 Trial Setting ...................................................................................................................... 56 2.16 Jury Trial Fees................................................................................................................... 57
3.1 Request to Calendar .......................................................................................................... 58 3.2 Service on Probation Department for Defendants on Pre-Trial Services Prior to Adjudication ...................................................................................................................... 58 3.3 Motions ............................................................................................................................. 58 3.4 Conferences....................................................................................................................... 59 3.5 Preliminary Hearing as Violation of Probation Hearing................................................... 60 3.6 Verdict Forms, Special Interrogatories, and Jury Instructions ......................................... 60 3.7 Sentencing ......................................................................................................................... 60 3.8 Community Service/Conversion of Fees and Fines .......................................................... 61 3.9 Termination of Criminal Protective Orders Issued ........................................................... 61 3.10 Search Warrant.................................................................................................................. 62 3.11 Requests for Adult Probation Records .............................................................................. 62 3.12 Authorization for Release of Adult Probation Records and Reports by Probation Department ........................................................................................................................ 63 3.13 Petitions for Dismissal or Charge Reductions Pursuant to Penal Code §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.43, and 1203.49 ............................................................. 64 3.14 Documents Pertaining to Arraignment Made Available to the Public Defender Prior to Appointment ..................................................................................................................... 64
4.1 Scope ................................................................................................................................. 65 4.2 Family Law Case Management ........................................................................................ 65 4.3 Requests for Orders........................................................................................................... 66 4.4 Ex Parte/Emergency Family Law Orders ......................................................................... 69 4.5 Supervised Visitation ........................................................................................................ 70 4.6 Child Custody and Visitation ............................................................................................ 71 4.7 Default or Uncontested Judgments ................................................................................... 75 4.8 Bifurcation of Matters ....................................................................................................... 76 4.9 Family Law Trials ............................................................................................................. 77 4.10 Settlement Conferences .................................................................................................... 77 4.11 Mandatory Requirements for Child Support Matters ....................................................... 78 4.12 Electronic Service/Notification (CCP § 1010.6) .............................................................. 79 4.13 Family Law Facilitator Complaint Procedure................................................................... 80 4.14 Family Law Facilitator Disqualification Procedure .......................................................... 80
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4.15 Family Law Mediator Complaint Procedure .................................................................... 80
5.1 Judicial Administration ..................................................................................................... 81 5.2 Noticed Motions and Requests to Place Matter on Calendar ........................................... 81 5.3 Pre-hearing Discovery ...................................................................................................... 82 5.4 Ex Parte Orders................................................................................................................. 82 5.5 Attendance at Hearings (California Rules of Court rule 1610) ........................................ 83 5.6 Pretrial Conference (No Statute) (No Court Rule) ........................................................... 83 5.7 Access to Courtroom by Non-Parties (W&I §§ 345, 346, 676)........................................ 83 5.8 Informal Exchange of Juvenile Records ........................................................................... 84 5.9 Release of Juvenile Records by Family & Children’s Services/Mendocino County Health & Human Services Agency ............................................................................................... 86 5.10 Medical Issues ................................................................................................................... 88 5.11 Inspection of Law Enforcement Holding Facilities .......................................................... 89 5.12 Motion to Challenge Legal Sufficiency of Dependency Petition ..................................... 89 5.13 Paternity Findings (California Rules of Court Rule 3.822) .............................................. 90 5.14 Representation of Parties (W&I § 317-318, California Rules of Court rules 5.660 and 5.663) ............................................................................................................................... 90 5.15 Attorney Notice of Unavailability .................................................................................... 93 5.16 Modifications of Orders (W&I §§ 386-388, 775-779) ..................................................... 93 5.17 Creation of a Family Court Order in Juvenile Court ........................................................ 93 5.18 Guardians Ad Litem .......................................................................................................... 94 5.19 Restitution Determination Procedures (W&I §§ 730.6, 742) ........................................... 94 5.20 Interviewing Minors Who Are Alleged Victims of Child Abuse ..................................... 96 5.21 Court Appointed Special Advocate Program (CASA) ..................................................... 96 5.22 Request for Transcript of Confidential Proceeding .......................................................... 97 5.23 Transportation of Inmates to Juvenile Law Hearings ....................................................... 98
6.1 Submission of Matter Without Appearance by Counsel or Witnesses ............................. 99 6.2 Ex Parte/Emergency Probate Guardianship Orders ......................................................... 99
Compromise of Claims of Minors and Incompetent Persons ............................................... 100 6.3 Compromise of Claims ................................................................................................... 100 6.4 Attorney’s Fees for Compromise .................................................................................... 101 6.5 Withdrawal of Funds....................................................................................................... 101
7.1 Traffic Filings ................................................................................................................. 103 7.2 Adjudication of Miscellaneous Infraction Matters ......................................................... 103 7.3 Traffic Violator School ................................................................................................... 105 7.4 Trial by Written Declaration ........................................................................................... 106
8.1 Regular & Special Sessions ............................................................................................ 107 8.2 Oral Argument ................................................................................................................ 107 8.3 Briefs ............................................................................................................................... 107 8.4 Clerk’s Transcript on Appeal – Limited Jurisdiction ..................................................... 107
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8.5 Clerk’s Transcript on Appeal – General Jurisdiction ..................................................... 107 8.6 Extension of Time to File Reporter’s Transcript – Limited Jurisdiction ........................ 108
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Superior Court of California, County of Mendocino
Chapter 1: General Court Rules
General Rules
Citation
These rules will be known and cited as the “Local Rules of the Superior Court of California, County of Mendocino,” and always be supplementary to and subject to statutes, the California Rules of Court, and any rules adopted by the Judicial Council of California and will be construed and applied so they do not conflict with such rules and statutes.
(Effective 1/1/99; amended 7/1/08; renumbered 7/1/19)
Failure to Comply with Local Rules or Orders of the Court
In the event of any failure to comply with the local rules, the California Rules of Court, or any order of the court related thereto, the court may impose upon the offending party, attorney, or both, sanctions which may include, but are not limited to, requiring the filing of an attorney’s compliance statement, attorney’s case schedule, monetary sanctions, attorney’s fees, expenses, striking pleadings, entering the default of any party, dismissal of the action, and/or contempt, and any other sanctions authorized by Government Code § 68609(d) and any other statute.
(Effective 1/1/99; amended 1/1/03; renumbered & amended 7/1/08; renumbered 1/1/10; renumbered 7/1/19)
Administration of the Courts
a. Location. Sessions of the court will be held in Ukiah and Fort Bragg, California.
b. Sessions of the Court. Court sessions are established to provide the most
efficient operation of the court for the benefit of the public. Calendared matters
or court sessions may change at the court’s discretion.
c. Complaints Regarding: Bias or Sexual Harassment. Court employees and
judicial officers will not engage in any conduct or activity that causes or
contributes to bias or sexual harassment in the court system. Any person who
observes or believes he or she has been subjected to bias or sexual harassment
must immediately report the incident to Court Administration.
d. Emergencies and Evacuations. The Mendocino County Sheriff’s Department
will be responsible for the welfare and security of all occupants and visitors in the
courthouse facilities and has the authority to order an evacuation of the
courthouse as authorized under Penal Code § 409.5. All judicial officers and staff
must follow the directions of the Sheriff’s Department in the event of an
emergency and/or evacuation.
(Effective 7/1/19; amended 7/1/21; amended 7/1/24)
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Superior Court of California, County of Mendocino
Courtroom Conduct
a. Attorney/Party Conduct. Attorneys and parties appearing in court will be
respectful of the court, its judicial officers, and staff. Further, attorneys and
parties will behave in a polite and professional manner toward opposing counsel,
opposing parties, witnesses, and members of the court staff. Attorneys and parties
appearing in pro per must be familiar with the rules and guidelines set forth in
these local rules as well as other applicable statues and rules of conduct, ethics,
and professionalism. Finally, attorneys will make reasonable efforts to advise
clients, witnesses, and others accompanying them of these rules.
b. Visitors in the Courtroom. Visitors are individuals that are not parties or
participants in any proceedings taking place in a courtroom. Visitors in the
courtroom will not talk to court staff when the court is in session unless they are
asked to do so by a judge or staff member. They will not converse with anyone in
a manner that is distracting to the proceedings before the court. They will not eat
or drink in the courtroom. They will not visibly or audibly display approval,
disapproval, agreement, or disagreement with any testimony, ruling or statement
of the court, parties, or witnesses.
c. Attire. Individuals entering a courtroom will be properly attired and will not
appear in court barefoot, with a bare midriff or wearing sunglasses, hats, shorts,
tank tops or any clothing that displays inappropriate words, symbols, or pictures.
Attorneys will wear appropriate business attire.
This rule does not limit the power of any judicial officer to further prescribe
appropriate attire in the courtroom.
d. Court Telephones and Cellular Phone. No one other than a judicial officer or
court staff will use a courtroom telephone without the express permission of the
court.
Cellular phones will not be used to place calls in the courtroom at any time. All
ring tones, alerts, and alarms must be silenced when in the courtroom.
(Effective 7/1/19; amended 1/1/24; amended 7/1/26)
Communications to Court or Jury
a. Counsel will instruct their staff, clients, witnesses, and other related persons not to
have communication with court staff pertaining to the pending litigation unless it
is on the record with all parties present.
b. Counsel will instruct their clients, witnesses, and others associated with the case
to have no communication whatsoever with any juror or alternate juror.
(Effective 1/1/99; renumbered 7/1/08; renumbered 1/1/19; renumbered & amended 7/1/19)
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Superior Court of California, County of Mendocino
Case Initiation and Assignment
Generally, unless a party receives judicial approval to change the filing location, cases will remain in the courthouse in which they are originally assigned.
a. Court Location for Case Initiation
1. The following case types may be filed in either the Ukiah or the Ten Mile
Branch court locations:
a. Limited and unlimited civil proceedings
b. Probate proceedings
c. Family law proceedings
d. Criminal proceedings
2. The following case types must be filed and will be heard only in the Ukiah
court location:
a. Conservatorships under the Lanterman-Petris-Short Act (LPS
cases)
b. Qui Tam actions under the False Claims Act (Government Code §§
12650-12656)
c. Proceedings under Public Resources Code § 21000 et.seq. for
issues involving the California Environmental Quality Act (CEQA
cases)
d. Juvenile justice and juvenile dependency matters (Welfare &
Institutions Code §§ 300 and 602)
e. Cases filed by the Department of Child Support Services (DCSS)
b. Case Assignment
1. Civil, Probate, and Family Law Case Assignment Procedure.
The physical address of the party filing the first paper int civil, family law,
and probate matters determines whether a case is filed in the Ukiah
courthouse or the Ten Mile branch in Fort Bragg. The filer or filer’s
attorney must include the filer’s physical address in the filing. Any filing
of a new case that does not include the filer’s physical address will be
rejected by the court and returned to the filer for correction.
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Superior Court of California, County of Mendocino
When a new civil, probate, or family law case is filed, whether
electronically or in person, except for case types in 1.6(a)(2)(b) and (c),
the court will review the address of the initial filing party
(petitioner/plaintiff) and assign the case based on the physical address of
the filing party. If the initial filing party’s address is out of county, cases
will be assigned based on the address of the respondent/defendant. The
filing party will indicate the address of the respondent/defendant in the
initial pleading, on the Party’s Information tab when submitting pleadings
via e-filing, or by comment to the court.
a. Limited civil, domestic violence, and civil harassment matters in
which the filing party’s physical address is in Fort Bragg, the
Town of Mendocino, Comptche, Westport, Elk, Caspar, Point
Arena, Gualala, or other coastal communities will be assigned to
the judge presiding at the Ten Mile Branch court.
b. All probate, civil, family law case filings, including domestic
violence matters not described in (2)(a) above will be assigned to
and heard by judges in the Ukiah courthouse.
c. Traffic and non-traffic infraction violations cited in Fort Bragg, the
Town of Mendocino, Comptche, Westport, Elk, Caspar, Point
Arena, Gualala, other coastal communities, along Highway 1,
along Highway 20 west of the Town of Willits, and along the
coastline will be assigned to the judge presiding in the Ten Mile
courthouse. All other infraction violations will be assigned to
judges in the Ukiah courthouse.
Criminal Case Assignment Procedure. The court will assign criminal cases based on the District Attorney’s Office’s courthouse filing determination.
Traffic and Non-Traffic Case Assignment Procedure. The location of the violation resulting in a citation in traffic and non-traffic infraction violations determines whether a case is filed in the Ukiah courthouse or the Ten Mile Branch Court.
Traffic and non-traffic infraction violations cited in Fort Bragg, the town of Mendocino, Comptche, Westport, Elk, Caspar, Point Arena, Gualala, other coastal communities, along Highway 1, along Highway 20 west of the Town of Willits, and along the coastline will be assigned to the judge presiding in the Ten Mile courthouse. All other infraction violations will
be assigned to judges in the Ukiah courthouse.
Transfer of Cases. The court may order the transfer of a case from one branch of the court to the other for limited or all purposes (i.e., judicial recusal or disqualification, a particular hearing, mediation, etc.).
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c. Interpreter Trials in Ten Mile. Jury trials set in the Ten Mile Branch court
requiring the use of an interpreter will be transferred to the Ukiah courthouse for
trial. All other jury trials set in Ten Mile will not be transferred to Ukiah without
the filing of a properly noticed motion and hearing before the court. A stipulation
to transfer will not be effective without approval of the presiding judge.
(Effective 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; amended 7/1/21; amended 1/1/24; amended 7/1/24; amended 7/1/26)
Parties Represented by Counsel May Not File their own Pleadings or other Documents
Parties represented by an attorney are not authorized to file documents on their own while represented. Parties must confer with their attorneys, and the attorneys are the authorized filers when they are representing litigants. Court clerks do not have the discretion to accept filings made by parties represented by attorneys. If an attorney is no longer representing a party, the attorney must file notice with the court.
a. Exceptions to this rule: In criminal cases in which a defendant is represented by
counsel, the defendant may file the following documents without the involvement
of their attorney:
1. Request to calendar (MCR-103)to avoid service of a warrant;
2. Request to calendar (MCR-103) to modify a jail surrender date or to
request a fine modification;
3. A petition for dismissal pursuant to Penal Code sections 1203.4, 1203.4a,
1203.41, 1203.42, 1203.43, 1203.49, 17(b), or 17(d)(2);
4. A Marsden motion, in which the defendant is asking the court to relieve
counsel of record.
(Effective 7/1/26)
Filing of Documents
a. Electronic Filing
1. Transmission of Electronically Filed Documents through Electronic
Filing Service Providers (EFSP): The court does not authorize any
direct electronically filed transmissions to the court of any document.
Electronic filing of documents must be done through one of the court’s
authorized EFSPs. The court’s electronic filing procedures and
requirements, including identification of its EFSPs, are available on the
court’s website and at the clerk’s office. An EFSP may require payment
of a convenience fee and/or transaction fee and/or impose other reasonable
requirements as conditions for processing the electronic filing of a
document. The court may also charge a technology fee, up to $2.00 per
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transaction, to defray the cost of technology needed to support the e-filing program.
- Exemptions from Mandatory Electronic Filing Requirements. Pursuant to Code of Civil Procedure § 1010.6(d)(4) and California Rules of Court rule 2.253(b)(1), self-represented litigants are exempt from mandatory electronic filing requirements but are permitted and encouraged to electronically file documents if they choose.
A party that is subject to mandatory electronic filing may seek to be excused from such requirement by submitting Judicial Council form EFS- 007 Request for Exemption from Mandatory Electronic Filing and Service and obtaining a court order granting the request.
Case Types Subject to Mandatory Electronic Filing. Except for self- represented parties, the court requires electronic filing of court documents in the following case types:
a. All documents in felony, misdemeanor, and infraction criminal actions for cases heard in criminal court, except pre-filing criminal documents (e.g. search warrants, affidavits, etc.)
b. All civil limited actions
c. All unlawful detainer actions
d. All civil unlimited actions, including class actions, coordinated actions, and cases designated as complex pursuant to CRC 3.400 et seq.
e. All family law actions
f. All probate actions
g. All juvenile delinquency and juvenile dependency actions
h. All appellate division matters
i. All mental health actions
Pursuant to California Rules of Court rule 2.252(e), an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 business days if the proceeding requires that the original document be filed.
Electronic Document Format Requirements
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a. Searchable PDF Format. Electronic documents must be
submitted in searchable PDF format with searchable PDF/A as the
preferred format. PDF/A is a format which excludes features that
give rise to concerns about the ability to archive documents. New
scanners allow users to directly create a PDF/A. Filers with older
scanners can use a conversion tool (such as Acrobat 9) to convert
scanned documents to PDF/A.
d. Multiple Document Filings. The filing party must create a
separate .pdf document for every individual document that is to be
file-stamped in an envelope submission. If a .pdf contains more
than one document for filing, the court will reject the e-file
envelope and return it to the filer for correction.
If the filing party includes a supporting document that is typically
file stamped, but the filer intends to use it as supporting
documentation for a lead document, the filer must write
“ATTACHMENT” in the block reserved for the file stamp to make
it clear to the court that the document is not to be filed separately.
e. Cover Sheet. The court requires that Judicial Council form EFS-
020 Proposed Order (Cover Sheet) be attached to all proposed
orders submitted in all case types.
Exhibits. Exhibits may be e-filed five (5) business days before the hearing and must be served on all parties a minimum of two (2) business days prior to the hearing date.
E-filed exhibits must be submitted in the format required in section 1.7(a)(4) above along with local form MEX-171 Exhibit Cover Sheet. Transcripts for audio exhibits must be included with the initial filing of an audio exhibit.
Exhibits in other electronic formats (i.e. USB flash drive, CD, DVD, etc.)
must be filed in person, at the clerk’s window, with local form MEX-175 Electronic Media Exhibit Cover Sheet. They must be clearly labeled with the following: the case name, the case number, and the hearing date, time, and department. Transcripts for audio exhibits must be included with an initial filing of the audio exhibit. Exhibits filed in an electronic format must be filed five (5) business days before the hearing and served on all parties a minimum of five (5) business days prior to the hearing.
The court clerk will not print or make copies of exhibits that have been filed prior to a hearing. Parties that request to have exhibits marked during a hearing are required to provide the original exhibit to the court clerk for marking purposes and are required to have additional copies of the exhibit available for the distribution to the court, opposing parties, and witnesses. Parties submitting exhibits to the court during a hearing are 7
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also responsible for ensuring that parties or witnesses appearing remotely can access and/or view exhibits that have been marked and submitted during the hearing. Exhibits that have not been submitted for filing prior to a hearing and are submitted during the hearing by a party who is appearing remotely may not be accepted for consideration if the exhibits are not accessible to the court, other parties, and witnesses. The court clerk will not scan or email exhibits that have not been made accessible to the court, other parties, or witnesses prior to the hearing.
Documents Not Authorized to be Filed Electronically.
a. In all actions: • Ex parte applications and filings other than restraining order applications; • Administrative records: • Documents responsive to subpoena duces tecum; • Peremptory challenges pursuant to Code of Civil Procedure § 170.6; • Motions and/or declarations for disqualification of a judge pursuant to Code of Civil Procedure §§ 170.1 or 170.3; • Documents and/or reports from health care providers and/or mental health professionals ordered by the court; • Documents submitted to the court by the California Department of Corrections and Rehabilitation (CDCR) or the Department of State Hospitals (DSH).
b. In probate actions: • Original wills and/or original codicils; • Documents lodged pursuant to Probate Code § 2620; • Certified copies of death certificates.
c. In criminal actions: • The complaint and/or original charging documents; • All documents filed before the complaint or original charging documents; • Bonds and undertakings.
d. In juvenile actions: • Order Shortening Time requests or motions; • Requests for Disclosure of Juvenile Records
e. In civil actions: • Bonds if money is to be held by the court; • All undertakings; • Order Shortening Time requests or motions. 8
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7. E-filing Deadline for Cases on Calendar the Next Day in Criminal,
Juvenile Delinquency, and Juvenile Dependency Cases. E-filing parties
and their counsel must comply with all filing deadlines in State law,
California Rules of Court, and these local rules. In addition, if parties or
their counsel are filing criminal, juvenile delinquency, or juvenile
dependency documents on the day before a matter is on calendar, the
documents must be e-filed no later than 3:00 pm.
8. E-filing Deadline for Cases on Calendar in Civil, Family Law, and
Probate Cases. Documents in civil, family law, and probate cases must
be e-filed no later than two (2) full business days prior to the court
hearing.
9. Return of E-filed documents. Documents that have been e-filed will be
processed and returned by the clerk’s office within two (2) business days.
10. Matters Requiring Immediate Judicial Attention: Matters requiring
judicial attention within one (1) business day must be filed in-person at the
clerk’s office and must not be e-filed.
b. Confidential Notification in Caption Section of Lodged and Filed Documents. Parties, their counsel, and other filers that file or lodge documents with the court, either through electronic filing or in person at the public counter, must clearly indicate in the caption section of the filing if the document is to be filed or lodged as non-viewable by the opposing parties, their counsel or other justice partners. Filers must use the wording “FILED UNDER SEAL” to indicate that the document must not be viewable by the opposing party or parties, opposing counsel, or other justice partners. If the filer uses this wording on their documents, only judges and court staff will be able to view the documents. The court will only place restrictions on viewing such documents if the documents are appropriately labeled by the filer.
c. Tribal Court Protective Orders. Tribal Court Protective Orders that are entitled to be registered under Family Code § 6404 may be filed directly with the clerk’s office by email at tribal.orders@mendocino.courts.ca.gov pursuant to California Rules of Court rules 2.300 – 2.305, and 5.386.
d. Conforming Copies. The clerk will conform three (3) copies of any document at the time of filing.
e. Ukiah Drop Box. Self-represented litigants filing civil, family law, and probate pleadings in Ukiah may place their documents into a drop box in lieu of standing in line at the clerk’s window. Matters requiring immediate judicial attention (i.e. requests for temporary orders, requests for restraining orders based on domestic violence or civil harassment, ex parte filings, etc.) should not be deposited in the drop box.
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Self-represented parties may place their pleadings in the drop box located on the
main floor of the Ukiah courthouse throughout the business day. Documents date
and time stamped on or before 5:00 p.m. will be filed as of the date received.
Documents not date and time stamped will be filed the next business day
regardless of when the documents were placed in the drop box. The clerk will
conform three (3) copies of each document and place the conformed copies in
either the public pick-up basket located in room 107 or return by regular mail if a
self-addressed stamped envelope is provided. A self-addressed envelope of
sufficient size, with sufficient postage affixed, is required for mailing of file
documents to the filing party. Filed documents that do not have return envelopes
with sufficient postage will be retained in the clerk’s office for 30 days from the
date of filing. If unclaimed, the documents will be destroyed.
If a courtesy copy is required for the filing and has not been provided, the clerk
will retain one (1) conformed copy as the courtesy copy.
Incomplete documents, documents without the appropriate filing fees (if
applicable), or documents submitted in error will be returned to the filing party
unprocessed. Filing parties assume the risk for documents deposited in the drop
box in lieu of being filed directly with the clerk.
When placing documents in the drop box, filing parties will:
1. Use the electronic time stamp located on top of the drop box to stamp
documents with the date and time on the back of the last page.
2. Ensure that documents are in order and securely clipped together or placed
in an envelope.
3. Securely affix checks or money orders, with the appropriate fees, to the
front of the documents. Do NOT attach cash to documents deposited in
the drop box.
f. Ten Mile Branch Drop Box. The Clerk’s Office at the Ten Mile Branch court in Fort Bragg is closed between 12:00 pm and 1:00 pm. Self-represented litigants filing civil, family law, and probate pleadings may place their documents into the “drop box” during the lunch hour. Additionally, payment of criminal and traffic fines can be placed into the “drop box”. Items placed in the “drop box” will be processed immediately upon reopening of the Clerk’s Office.
g. “Courtesy Copies” for Specified Court Hearings
The court encourages litigants or their counsel to email courtesy copies of filed documents to the court and all parties to the matter. Electronic delivery of courtesy copies is encouraged.
Electronic delivery of courtesy copies is not a substitute for filing and service as required by the Code of Civil Procedures, the Penal Code, and the California
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Rules of Court. All departments will accept electronic delivery of courtesy
copies.
Generic email addresses have been established for courtesy copies. Emails with
attached copies are to be sent to each department as follows:
DepartmentA@mendocino.courts.ca.gov
DepartmentB@mendocino.courts.ca.gov
DepartmentC@mendocino.courts.ca.gov
DepartmentCS@mendocino.courts.ca.gov (Child Support cases only)
DepartmentE@mendocino.courts.ca.gov
DepartmentF@mendocino.courts.ca.gov
DepartmentG@mendocino.courts.ca.gov
DepartmentH@mendocino.courts.ca.gov
DepartmentTM@mendocino.courts.ca.gov
Emailed courtesy copies must conform to the following specifications:
1. All courtesy copies must be exact electronic copies of the documents as
filed with the court
2. Only documents in PDF format will be accepted
3. The transmitting email and attached courtesy copies must be copied to all
parties who have provided an email address
4. Emailed documents must have a file name in the following uniform
format:
[case number].[short title of document].[date of hearing].pdf
For example, 1234567.OppositiontoDemurrer.010116.pdf
5. The combined size of the email and all attachments cannot exceed 25
megabytes (MB)
6. The court will not read or consider any text included in the email.
(Effective 7/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/23; amended 1/1/24; amended 7/1/24; amended 7/1/25; renumbered & amended 7/1/26)
Application for Waiver of Court Fees
a. Pursuant to California Rules of Court rule 3.50, parties may file an application for
a fee waiver if they meet the standards of eligibility set forth in Government Code
§§ 68632 and 68633.
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b. Applicants for a waiver of court fees must file a completed Judicial Council of
California form FW-001 Request to Waive Court Fees along with a prepared FW-
003 Order on Court Fee Waiver.
c. Clerks are authorized to grant initial fee waiver applications that meet the
standards noted in section (a) of this local rule.
(Effective 1/1/20; amended 7/1/22; amended 1/1/23; renumbered 7/1/26)
Remote Appearances by Persons with Mobility Issues
The Ukiah Courthouse has one elevator that does not stop at every floor of the facility. The court authorizes any defendant, litigant, witness, attorney, or other party to a case that has a mobility issue (e.g. using a wheelchair, walker, cane or other mobility device) to appear remotely for his or her proceeding by notifying the court of such remote appearance.
The court must be notified of a remote appearance in advance of the hearing date. Individuals with mobility issues must notify Court Administration in Room 303 at the Ukiah Courthouse by phone at (707) 463-4664 or by email at court.adminstration@mendocino.courts.ca.gov no later than noon two (2) business days prior to the hearing. The requesting party must provide an email address or cell phone number when making the request.
(Effective 7/1/26)
Remote Proceedings
a. Effective January 1, 2022, pursuant to the newly enacted Code of Civil Procedure
§ 367.75, remote proceedings requirements differ between criminal and civil
proceedings. Civil cases defined in California Rules of Court rule 1.6 include all
cases except criminal cases and petitions for habeas corpus. For remote
proceedings requirements in criminal cases, see local rule 1.11. For remote
proceedings requirements in civil cases, see local rule 1.12. For remote
proceeding requirements in juvenile dependency cases, see local rule 1.12 and
1.13.
b. “Remote appearances” means the appearance at a court hearing using remote
technology by a party, defendant, attorney, witness, victim, or others (social
workers, tribal representatives, CASA, other experts.). Information on remote
appearances can be found on the Remote Appearance page of the court’s public
website.
c. “Remote proceeding” means a proceeding conducted in whole or in part using
remote technology.
d. “Remote technology” means technology that provides for the transmission of
video and audio signals or audio signals alone, including, but not limited to, a
computer, tablet, telephone, cellphone, or other electronic communication device.
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Superior Court of California, County of Mendocino
e. Telephonic Appearance Requirements. Telephonic appearances require sufficient connectivity and an indoor location with limited background noise and distraction. It is the sole responsibility of the party appearing by telephone to ensure the above criteria are met. The court may continue the hearing and require an in-person appearance if clear communication is not possible by phone or if there is a distraction or disturbance that interferes with the hearing.
f. Video Appearance Requirements. Video appearances require sufficient internet speed and connectivity to stream video, a device capable of capturing and displaying a clear audio and visual stream, and an indoor location with limited background noise and distraction. It is the sole responsibility of the party appearing by video to ensure the above criteria are met. The court may continue the hearing and require an in-person appearance if clear communication is not possible by video or if there is a distraction or disturbance that interferes with the hearing. See the Remote Appearance page on the court’s website for technical requirements and other instructions.
g. Court’s Discretion to Require In-Person Appearances. Nothing limits the court’s ability to order personal appearance instead of a remote appearance. The court retains full discretion to conclude a remote appearance and reschedule the hearing for another date and time due to delay or other concern due to disruption, noise, misconduct, communication problems, technical problems, other issues, or in the interest of justice.
If the court determines that an in-person appearance would materially assist in the determination of the proceeding or in the effective management or resolution of the case, the court may order an in-person appearance.
h. Appearance in Person after Requesting a Remote Appearance. In civil and juvenile dependency proceedings, a party that has given notice that it intends to appear remotely may instead choose to appear in person. If the proceeding is an evidentiary hearing or trial, the party must provide reasonable notice of the in- person appearance to the court and the other parties who have appeared in the case.
i. General Rules and Requirements. Participants must:
1. Ensure that they have sufficient battery power for the entire hearing.
Access to charging equipment is recommended. Parties must also ensure
that they have access to a sufficiently strong internet connection for the
duration of the hearing. If appearing by telephone, a land line is preferred,
but if using a cellular phone, the cellular connection must be strong
enough to enable the court and other parties to hear the entire duration of
the call.
2. Eliminate ambient or distracting noises and ensure consistent lighting
during the hearing.
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Superior Court of California, County of Mendocino
Connect to the court session at least five (5) minutes before the scheduled court appearance.
Mute their device and not speak until it is clear that it is their turn to speak, or their case is called.
Speak directly into the microphone on the device used to connect to the court session. Participants must identify themselves each time they speak, speak slowly, and avoid interrupting others.
Participate with the same degree of courtesy, decorum, use of appropriate language, and courtroom etiquette as required for an in-person appearance. If appearing by video, participants must dress appropriately in the same
manner as they would for an in-person court appearance.
Not record or broadcast the remote appearance in compliance with California Rules of Court rule 1.150. Existing rules and procedures regarding the making of the record via court reporter or electronic device, or for obtaining a transcript after the hearing apply to video appearances.
A violation of this local rule may result in the imposition of sanctions set forth in California Rules of Court rule 1.150(f).
Exhibits that parties wish to present may be submitted via e-filing and served on other parties pursuant to local rule 1.8(a)(5).
Self-represented litigants who are not e-filing their documents must file their exhibits, with local form MEX-171 Exhibit Cover Sheet, in the clerk’s office five (5) business days before the hearing and must serve their exhibits on the opposing party two (2) business days before the hearing.
Exhibits in other electronic formats (i.e. USB flash drive, CD, DVD, etc.)
must be filed in person, at the clerk’s window, with local form MEX-175 Electronic Media Exhibit Cover Sheet. They must be clearly labeled with the following: the case name, the case number, and the hearing date, time, and department. Transcripts for audio exhibits must be included with the initial filing of an audio exhibit. Exhibits filed in an electronic format must be filed five (5) business days before the hearing and served on all parties a minimum of two (2) business days prior to the hearing. 14
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Superior Court of California, County of Mendocino
Exhibits that have not been submitted for filing prior to a hearing and are submitted during the hearing by a party who is appearing remotely, may not be accepted for consideration if the exhibits are not accessible to the Court, other parties, or witnesses. The court clerk will not scan or e-mail exhibits that have not been made accessible to the Court or other parties or witnesses prior to the hearing.
(Effective 7/1/21; amended 1/1/22; amended 1/5/22; amended 1/1/23; amended 1/1/24; renumbered & amended 7/1/26)
Remote Proceedings in Criminal Matters
a. Remote appearances in criminal matters are authorized as defined in Penal Code §
977.
b. Out of Custody Defendants. Out-of-custody defendants requesting to appear
remotely for the initial court appearance, arraignment, plea, and all other
proceedings must obtain written authorization from the court. Defendants must
file local form MCR-115 Request for Remote Appearance in a Criminal
Proceeding with the clerk no later than noon two (2) business days prior to the
hearing to request a remote appearance. Such requests must be approved by the
judge hearing the matter. Defendants must contact the court by 1:00 pm the
business day before the hearing to find out whether the request is granted or
denied. If the request has been denied or if the court clerk has not received the
judge’s ruling, the defendant must appear in person.
Out of custody defendants must appear in person for any evidentiary hearing,
court trial, or jury trial.
c. In Custody Defendants. In-custody defendants in felony cases will appear
remotely from the institution where they are incarcerated for the initial court
appearance, arraignment, plea, and all other proceedings, except preliminary
hearings, jury trials, or court trials, unless they have been ordered to appear in
person by the court.
d. The District Attorney’s Office, Public Defender’s Office, Alternate Defender’s
Office, appointed counsel, retained counsel, Probation Department, expert
witnesses, and law enforcement officers may appear remotely for pretrial and
post-judgment proceedings.
e. Traffic Infraction Matters. Defendants, counsel, and law enforcement officers
may appear remotely for court trial. Defendants have the right to require the
officer to appear in person at the trial and may request a continuance to a date
when the officer can appear in person.
(Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/23; renumbered & amended 7/1/26)
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Remote Proceedings in Civil and Family Law Matters
a. Remote appearances are authorized in all civil proceedings pursuant to the Code of Civil Procedure § 367.75 except Court Trials and Jury Trials. This rule applies to civil cases as defined in California Rules of Court rule 3.672(c)(1) and includes petitions for restraining orders. See Rule 1.10 for general information and requirements for remote proceedings.
b. Remote Proceedings other than Evidentiary Hearings or Trials.
1. Required Notice
a. Time of Notice for a Hearing with at Least Three (3) Business
Days’ Notice. A party choosing to appear remotely in a
proceeding set to occur within three (3) business days must provide
notice of the party’s intent to appear remotely within two (2)
business days before the proceeding.
The party choosing remote appearance must file with the court a
Judicial Council form RA-010 Notice of Remote Appearance and
serve notice on all other parties or persons entitled to receive
notice. Service must be by any means authorized by law to ensure
delivery at least two (2) business days prior to the proceeding,
including email service, if parties or their counsel have consented
to such service.
If after receiving notice from a party choosing remote appearance,
a person who has not given notice also decides to appear remotely
may do so by notifying the court and all others who have appeared
in the action by no later than noon one (1) business day before the
proceeding.
b. Time of Notice for a Hearing with Less Than Three (3)
Business Days’ Notice. A party choosing to appear remotely in a
proceeding occurring in less than three (3) business days must
provide notice as follows:
The party choosing remote appearance must notify the court and
all persons entitled to receive notice by serving and filing a
Judicial Council form RA-010 Notice of Remote Appearance
along with the application or pleadings for the proceeding.
Any party other than the applicant or moving party that chooses to
appear remotely must provide notice of their intent to the court and
all other parties that have appeared in the action no later than noon
the business day before the proceeding. If the notice is oral, it
must be given in person or by telephone. If notice is in writing, it
must be filed with the court on Judicial Council form RA-010
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Superior Court of California, County of Mendocino
Notice of Remote Appearance and served on all other parties or persons entitled to receive notice. Service must be by any means authorized by law to ensure delivery no later than noon on the business day prior to the proceeding. Service by email is authorized if parties or their counsel have consented to such service.
The parties filing the notice must provide a courtesy copy of this form to the department hearing the case pursuant to local rule 1.8(g).
c. Remote proceedings for Evidentiary Hearings or Trials.
1. Court’s Notice of Remote Proceeding
Lanterman-Petris-Short conservatorship hearings and trials are typically
calendared as remote proceedings:
A party may file Judicial Council form RA-015 Opposition to Remote
Proceedings at Evidentiary Hearing or Trial to request that the court
disallow remote appearance for a such a hearing or trial.
2. Party’s Notice of Remote Proceeding.
This rule applies except in juvenile dependency proceedings; hearings and
trials in which the court has determined that remote appearances are
suitable in (c)(1) above; or if the court has granted special permission to a
party upon a finding of good cause, unforeseen circumstances or that the
remote appearance would promote access to justice.
a. Time of Notice for Hearing or Trial with At Least 15 Business
Days’ Notice. A party choosing to appear remotely at an
evidentiary hearing or trial set to occur at least 15 business days
later must provide notice of the party’s intent to appear remotely.
The party choosing remote appearance must file with the court
Judicial Council form RA-010 Notice of Remote Appearance and
serve notice on all other parties or persons entitled to receive
notice at least 10 business days before the hearing or trial. Service
must be by any means authorized by law, including email service,
if parties or their counsel have consented to such service.
If after receiving notice from a party choosing remote appearance,
a person who has not given notice also decides to appear remotely
may do so by filing with the court Judicial Council form RA-010
Notice of Remote Appearance and serving all others who have
appeared in the action by no later than five (5) business day before
the evidentiary hearing or trial.
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Superior Court of California, County of Mendocino
b. Time of Notice for Hearing or Trial Held in Less Than 15 Business Days. A party choosing to appear remotely at an evidentiary hearing or trial set to occur in less than 15 business days, including hearings on restraining orders and protective orders, must provide notice of the party’s intent to appear remotely.
i. If the hearing or trial is set to occur with at least three (3)
business days’ notice, the party choosing remote
appearance must file with the court Judicial Council form
RA-010 Notice of Remote Appearance and serve notice on
all other parties or persons entitled to receive notice.
Service must be by any means authorized by law to ensure
delivery at least two (2) business days prior to the
proceeding, including email service, if parties or their
counsel have consented to such service.
If after receiving notice from a party choosing remote
appearance, a person who has not given notice also decides
to appear remotely may do so by notifying the court and all
others who have appeared in the action by no later than
noon the business day before the proceeding.
ii. If the hearing or trial is set to occur in less than three (3)
business days, the party choosing remote appearance must
notify the court and all persons entitled to receive notice by
serving and filing Judicial Council form RA-010 Notice of
Remote Appearance along with the application or pleadings
for the proceeding; or,
Any party other than the applicant or moving party that
chooses to appear remotely must provide notice of their
intent to the court and all other parties that have appeared
in the action no later than noon the business day before the
proceeding. If the notice is oral, it must be given in person
or by telephone. If notice is in writing, it must be filed with
the court on Judicial Council form RA-010 Notice of
Remote Appearance and served on all other parties or
persons entitled to receive notice. Service must be by any
means authorized by law to ensure delivery no later than
noon the business day prior to the proceeding. Service by
email is authorized if parties or their counsel have
consented to such service.
The parties filing the notice must provide a courtesy copy of this
form to the department hearing the case pursuant to local rule
1.8(g).
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Superior Court of California, County of Mendocino
3. Opposition to Remote Proceedings. In response to a notice of a remote
proceeding for an evidentiary hearing or trial, a party may make a showing
to the court as to why a remote appearance should not be allowed by filing
on the court Judicial Council form RA-015 Opposition to Remote
Proceedings at Evidentiary Hearing or Trial and serving on all parties to
the action at least five (5) business days before the hearing or trial for
which the party receives at least 15 days’ notice; or by noon the business
day before the hearing or trial for which the party receives less than 15
days’ notice.
The parties filing the opposition must provide a courtesy copy of this form
to the department hearing the case, pursuant to local rule 1.8(g).
4. Court Determination on Opposition. The court will consider the
following factors to determine whether a proceeding or parts of a
proceeding will be conducted remotely over opposition:
a. an in-person appearance would materially assist in the
determination of the hearing or trial, or in the effective resolution
of case.
b. the quality of the audibility of the hearing may inhibit a court
reporter’s ability to accurately prepare a transcript of the hearing.
c. the quality of the technology or audibility of the hearing prevents
an attorney from providing effective representation to the client.
d. the quality of the technology and audibility of the hearing inhibits
a court interpreter’s ability to provide language access to a limited
English party.
e. any limited access to technology or transportation asserted by a
party.
(Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/24; renumbered & amended 7/1/26)
Remote Proceedings in Juvenile Dependency Matters
a. Remote appearances are authorized in juvenile dependency proceedings pursuant
to Code of Civil Procedure § 367.75. California Rules of Court rule 3.672(i) and
Rule 1.12 — apply in juvenile dependency matters. See local rule 1.10 for¶
local rule 1.12 apply in juvenile dependency matters. See local rule 1.10 for general information and requirements for remote proceedings.
b. Contested Hearings. Any party who intends to call a witness at a contested
hearing (excluding detention hearings) who is not a person identified in California
Rule of Court 5.530 and have that person testify via remote technology, must give
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Superior Court of California, County of Mendocino
notice to the court and the other parties of such intention on Judicial Council form
RA-025 Request to Appear Remotely – Juvenile Dependency at least 10 calendar
days in advance of the hearing.
Any party may oppose the request to appear remotely by filing with the court
Judicial Council form RA-030 Request to Compel Physical Presence – Juvenile
Dependency no later than the close of business three (3) business days before the
proceeding.
A courtesy copy of the opposition must be provided to the department hearing the
case pursuant to local rule 1.8(g).
c. Determination of requests and oppositions. The court may or may not grant the
request for a witness to testify via remote technology regardless of whether all
parties have given consent to the witness’s remote appearance.
The court may deny a request to appear remotely if the court determines that an
in-person appearance is necessary because:
1. the court cannot ensure that the remote appearance will have the privacy
and security necessary to preserve the confidentiality of the proceeding.
2. giving testimony via remote technology may cause undue prejudice to one
or more parties or prevent the court from making credibility
determinations.
3. for any other reason identified by the court.
d. Requirement for Attorneys to Appear in Court. Any attorney asking for a
contested hearing may be required to appear in court to conduct the hearing.
Attorneys are encouraged to appear in court for such proceedings to ensure an
accurate record of the proceedings.
(Effective 1/5/22; amended 3/4/22; amended 7/1/22; amended 1/1/23; renumbered & amended 7/1/26)
Ex Parte/Emergency Order Applications
a. Time of Ex Parte/Emergency Orders Review. Contact the clerk’s office, either
by phone or in person, to reserve a date for review of an ex parte/emergency order
application.
b. Filing of Ex Parte/Emergency Orders Application.
1. Ex Parte/Emergency Orders Applications other than Restraining
Orders. Applications for ex parte/emergency order have been reserved
for review no later than 11:00 am on the day of the scheduled review.
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Superior Court of California, County of Mendocino
2. Restraining Order Ex Parte Applications. Applications for ex parte
restraining orders must be filed in the branch of the court at which the ex
parte has been reserved for review no later than 11:00 am on the day of
the scheduled review either in person in the clerk’s office or by e-filing
pursuant to local rule 1.8(a).
c. Notice of Ex Parte/Emergency Orders Application and Review
1. Notice of intent to file an ex parte/emergency orders application must be
given to the opposing party or attorney no later than 10:00 a.m. one (1)
business day before the application is scheduled to be reviewed by the
court.
2. Ex Parte Applications and Notice
a. Copies of all ex parte/emergency orders applications, including all
declarations, attachments, and other supporting documents must be
delivered to opposing parties or counsel by hand, fax, e-mail, text
message, direct messaging through social media, or by e-filing
service options (for restraining order applications) no later than
10:00 a.m. one (1) business day before the ex parte application is
scheduled to be reviewed by the court. Documents being served
via first class mail must be mailed at least five (5) business days
before the ex parte review.
b. Prior to a review of an ex parte application for a restraining order,
local form MMC-121 Declaration re: Notice upon Ex Parte
Application for Orders must be completed and filed showing that
the opposing party received notification of the request for ex parte
orders.
c. Notice regarding restraining orders may be waived if the court
finds that:
i. giving notice to the opposing party is impossible; or,
ii. notice would frustrate the purpose of the order; or,
iii. immediate or irreparable harm could be suffered if notice
were given.
The party who requests the ex parte application without notice has
the burden of presenting evidence which establishes a legal basis
for waiver of notice.
d. Opposition to an Ex Parte Application for Orders
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Superior Court of California, County of Mendocino
1. Ex Parte Applications other than Restraining Orders. Any opposition
to an ex parte application must be served on the opposing party and filed
in person with the clerk in the branch of the court where the ex parte
request has been reserved no later than 11:00 a.m. on the day of the
scheduled review.
2. Restraining Order Ex Parte Applications. Any opposition to an ex
parte application for restraining order must be served on the opposing
party and submitted to the court by efiling, by e-mail at
exparte@mendocino.courts.ca.gov, or filed in-person at the courthouse
where the ex parte application review has been reserved no later than
11:00 a.m. on the day of the scheduled review.
e. Judicial Review. The court will review requests for ex parte orders each day
between 11:30 a.m. and 1:30 p.m.
1. Orders Issued without Oral Argument. If the court determines there is
sufficient information to rule on ex parte/emergency orders without oral
argument, the court’s order will be issued no later than 2:00 p.m. After
2:00 p.m., litigants can view the court’s decision by looking up the case
through re:SearchCA on the court’s website.
2. Oral Argument. The court may request oral argument prior to ruling on
the ex parte/emergency order. The clerk will notify the parties via email
(preferred) or phone that oral argument will be heard and will advise the
parties of the time and location for appearance. Parties or attorneys may
appear at oral argument in person or remotely pursuant to local rules 1.11
and 1.13.
3. Pick up of Orders. Once signed by the court, litigants may pick up
copies of orders in person from the clerk’s office.
f. Failure to Appear at a Hearing. The failure of the requesting party to appear at
a hearing will result in the request for the order being dismissed without prejudice
and any temporary orders will expire.
g. Requests to Set Aside or Modify Ex Parte/Emergency Orders: A request to
set aside or modify temporary ex parte/emergency orders may be filed prior to the
scheduled hearing date set for permanent orders.
h. Additional Ex Parte Rules Pertaining to Family Law. See local rule 4.6 for
information on family law ex parte requests.
(Effective 7/1/21; renumbered 1/5/22; amended 1/1/23; amended 7/1/23, amended 1/1/24; renumbered & amended 7/1/26)
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Obtaining Copies of Exhibits or Viewing Exhibits
At the conclusion of a trial/hearing and before the exhibits and other materials are returned to the offering party pursuant to local rule 1.17 and 2.8(g), parties may request copies of the exhibits. Copies will be provided at the expense of the requesting party.
Exhibits that are retained by the court may be viewed upon request at the clerk’s office. Exhibits that are ordered confidential or sealed, weapons, juvenile records, photographs protected pursuant to Penal Code § 1417.8, and other exhibits that are deemed sensitive may not be viewed Judicial Council form GC-360 Conservatorship Registration Cover Sheet and Attestation of Conservatee’s Non-Residence in California, and Judicial Council form GC-360 Conservatorship Registrant’s Acknowledgment of Receipt of Handbook for Conservators.
(Effective 7/1/11; renumbered 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/24; renumbered & amended 7/1/26)
Return of Exhibits; Civil, Family Law, and Probate
Unless otherwise ordered, all exhibits and materials offered into evidence or otherwise presented at trials/hearings, including transcripts of depositions and administrative records, will be returned at the conclusion of the matter to the offering party. The custodial party must sign for all exhibits and materials returned by the clerk and must maintain all exhibits and other materials in the same condition as received until 60 days after a final judgment or dismissal of the entire case is entered.
(Effective 7/1/11; renumbered 1/1/18; renumbered 1/1/19l renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/26)
Order to Show Cause Regarding Dismissal of Pending Civil or Family Law Actions
In accordance with the Code of Civil Procedure and California Rules of Court, the court may, on its own motion, provide notice to parties in a civil or family law action of the court’s intention to dismiss the action. The court will set a hearing on the dismissal and provide notice to all parties at least 20 calendar days before the hearing date. Orders to show cause regarding dismissal can be set for hearing for any of the following reasons:
a. Dismissal for Delay of Prosecution - No Proof of Service – Two (2) Years:
Cases in which the filing party has not provided proof of service, and the action
has not been brought to trial or conditionally settled within two (2) years after the
date the action was initiated.
b. Dismissal for Delay of Prosecution – Proof of Service Provided – Three (3)
Years: Cases in which the filing party has provided the court with proof of
service, but the action has not been brought to trial or conditionally settled within
three (3) years after the date the action was initiated.
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Superior Court of California, County of Mendocino
c. Dismissal – No Proof of Service - Mandatory Time for Service of Summons –
Three (3) Years: Cases in which service of the summons and complaint have not
been made timely.
d. Dismissal – Proof of Service Provided - Mandatory Time for Bringing an
Action to Trial/New Trial – Five (5) Years: Cases in which the action has not
been brought to trial or new trial within five (5) years of the date the action was
initiated.
(Effective 7/1/23; renumbered 7/1/26)
Dismissal of Civil or Family Law Actions: No Proof of Services of Summons
If a plaintiff or petitioner in a civil or family law action fails to file proof of service of summons within three (3) years of the date the action was originally filed, the court will issue an order of dismissal on its own motion.
(Effective 7/1/23; renumbered 7/1/26)
Transfer of Cases: All Case Types
All documents in cases that are ordered transferred to the jurisdiction of another county will be sent to the receiving county on a device used to store electronic media (e.g. thumb drive). The device will be accompanied by any required filing fees or fee waiver forms, local form MMC- 323-327 Notice of Transfer and Acknowledgement of Receipt, and local form MMC-322 Clerk’s Certification of Entire Case File.
(Effective 7/1/23; renumbered 7/1/26)
Payment in Coin
Pursuant to Government Code § 68083.5, the court will not accept coins as payment of any bail, fine, or filing fee.
(Effective 7/1/05; amended 7/1/08; renumbered 7/1/11; renumbered & amended 1/1/18; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered 7/1/23; renumbered 7/1/26)
Assistance for Self-Represented Litigants
Self-represented litigants can visit the Self-Help Center for assistance with legal information and court procedures. The Self-Help Center aids in several areas of law that are regularly updated on the court website. Included in the Self-Help Center’s services are the statutorily required services of:
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Superior Court of California, County of Mendocino
a. Family Law Facilitator: The Family Law Facilitator performs all duties
permitted by the Family Law Facilitator Act, Family Code § 10000 et seq. The
Facilitator will be available during office hours and during Case Management
Conferences to aid self-represented litigants.
b. Small Claims Advisor: Small claims advisory services required by Code of Civil
Procedure §§ 116.260 and 116.940.
Please see the court website for the Self-Help Center available services, hours, and location. Self-Help | Superior Court of California | County of Mendocino
(Effective 1/1/17 renumbered 1/1/19; amended 1/1/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 7/1/26) Research
Case Research
Requests for case information not available on the court’s online information portal must be submitted on local form MMC-900 Research Request Form, along with payment of the required fee. Completion of the requested research of archived cases will be completed within 30 calendar days.
(Effective 7/1/24; renumbered 7/1/26) Jury Rules
Responsibility of Citizens
Jury service, unless expressly excused by law, is the responsibility of every citizen. It is the court’s obligation to employ all necessary and appropriate means to assure that citizens fulfill this vital civic function. Persons qualified to perform the public duty of jury service will not be excused from such service except for the causes established by the Code of Civil Procedure §§ 203 and 204.
(Effective 1/1/25; renumbered 7/1/26)
Jury Commissioner
As set forth in the Code of Civil Procedure § 190 et seq., the Court Executive Officer is appointed as the Jury Commissioner and is designated to perform all functions appropriate to that position. These functions may be performed by a Deputy Jury Commissioner as may be designated by the Court Executive Officer.
(Effective 1/1/25; renumbered 7/1/26)
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Jury Selection Boundaries and Lists
In accordance with the Code of Civil Procedure §190 et seq., it is established that the entirety of Mendocino County will be one county-wide geographical selection area for the purpose of producing juror summons lists for both the Ukiah and Fort Bragg court locations.
All persons selected for jury duty will be selected at random from a master list composed of the population of Mendocino County using sources as identified in the Code of Civil Procedure § 197.
(Effective 1/1/25; renumbered 7/1/26)
Prior Jury Service
A prospective juror who has served on a grand jury, trial jury, or was summoned and appeared for jury service in any state or federal court during the 12 months preceding the appearance date on a new summons will be excused from service on request.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered 1/1/23; renumbered 7/1/23; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26)
Failure to Appear for Jury Duty when Summoned
Any prospective trial juror who fails to appear or fails to contact the jury commissioner to be excused from attendance when they have been summoned for service may be compelled to appear at an order to show cause hearing to explain to a judge why the juror disregarded the jury summons. Without good cause or a willingness to serve, the court may find the prospective juror in contempt and sanction the juror.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26)
No Requests for Transfer of Jury Service Prior to Jury Voir Dire
No requests for transfer of jury service from one courthouse to the other will be granted by court staff.
Prospective jurors are required to report for jury service to the courthouse that appears on their summons on the date and time specified The judge presiding over the trial will hear juror hardships and will consider travel, disability, financial, or other hardship claims pursuant to the criteria set forth in Civil Code of Procedure § 203 and the California Rules of Court rule 2.1008 only if a juror is sent to a courtroom and is empaneled for the Voir Dire phase of the trial.
(Effective 1/1/24; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered 7/1/26)
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Deferment of and Excusal from Jury Service
Deferment of jury service is preferred over excusing a prospective juror for a temporary hardship. The court allows a deferment of jury service up to six months from the date of service that appears on a juror’s summons. No more than two (2) deferments of jury duty will be granted.
No class or category of persons will be automatically excluded from jury service, except as may be provided by law. A statutory exemption from jury service will be granted only when claimed by the eligible person. Inconvenience to a prospective juror or their employer is not an adequate reason for excusal from jury service, although it may be considered as a reason for deferral of service.
Notwithstanding local rule 1.29, upon request of a juror to be excused from jury service due to traveling an excessive distance for appearance at the location stated on their summons, the clerk will transfer the juror’s service to the court branch located closest to the mailing address stated on their summons. If a juror’s service cannot be transferred, the juror will be excused from jury service. “Excessive distance” is defined as travel time that exceeds two (2) hours from the juror’s home to the location of the court.
Jurors aged 75 years and older may choose to appear for jury service when summoned or may choose to be excused.
In accordance with California Rules of Court, Rules 2.1008 and 2.1009, jurors who are requesting to be excused from jury service, either temporarily or permanently, for a medical reason must submit their request in writing with a supporting letter, memo, or note on the letterhead of their treating health care provider.
Requests for deferment or excusal from jury service must be submitted in writing or electronically through the court’s on-line jury system or by email at juryservices@mendocino.courts.ca.gov.
(Effective 7/1/25; renumbered & amended 7/1/26) Court Reporter Rules
Provision of Court Reporters
An official court reporter will be provided for the following court proceedings:
a. Felony criminal proceedings (including preliminary hearings, other pretrial
motions, and court or jury trials),
b. Juvenile proceedings,
c. Lanterman-Petris-Short (LPS) Act Conservatorship trials
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The court has a limited number of court reporters to create a verbatim record in every proceeding. The court will prioritize assigning court reporters to juvenile, felony and LPS conservatorship hearings. If available, the court will also provide an official court reporter in family law proceedings.
(Effective 1/1/99; amended 7/1/09; amended 1/1/12; amended 7/1/12; amended 1/1/13; renumbered & amended 1/1/19; amended & renumbered 7/1/19; renumbered & amended 1/1/20; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered & amended 1/1/23; renumbered &amended 7/1/23; renumbered & amended 1/1/24; renumbered 7/1/24; renumbered & amended 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
Use of Electronic Recording
Pursuant to Government Code § 69957, electronic recording may be used in the following types of proceedings, when an official reporter is unavailable: infractions, misdemeanors, limited jurisdiction civil matters, and small claims.
(Effective 1/1/13; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
Electronic Filing of Court Ordered Transcripts
Staff reporters and pro tem court reporters must file transcripts electronically with the court. Electronic transcripts must conform to the following specifications:
a. Electronic transcripts must have a file name in the following uniform format:
[year, month, day of proceeding; case name; type of proceeding]
Examples: Criminal case: Smith-John 20170817
Civil case: Smith-Jones 20170817
Juvenile or other confidential case: In the matter of JS 20170817
b. There will be a notification placed in the court file indicating the title of the
transcript.
c. Court reporters must initiate email notifications to all parties and the court when
transcripts are uploaded to the data repository.
d. The date and time that a transcript is uploaded will constitute the filing date of the
transcript
(Effective 1/1/18; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 7/1/21; renumbered 1/5/22; renumbered & amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
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Interpreter Rules
Requests for Interpreters
a. Parties who require an interpreter must notify the court at the first court
appearance and must also file local form MMC-110 Request for Interpreter with
the clerk at least 10 business days before the date of the trial, hearing, or other
appearance for which the interpreter is required.
For criminal and juvenile matters, the court will provide certified, registered, or
provisionally qualified interpreters. The court will diligently attempt to secure a
qualified interpreter pursuant to the priorities and provisions set forth in Evidence
Code § 756.
b. Responsibility for Notice: The party needing the services of an interpreter is
responsible for providing notice to the court.
The court will not grant continuances in proceedings where the court has obtained
the services of court interpreters without a showing of good cause. Parties and
counsel seeking continuance of proceedings with court interpreters must request
continuances three (3) business days’ prior to the date of the proceeding by
submitting to the court local form MMC-110 Request for Court Interpreter
advising the court that the interpreter will not be needed. Absent a showing of
good cause and proper notice to the court, the judge may order that the cost of the
interpreter be paid by the requesting party.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; amended 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Attorney Fees
Court Appointed Attorneys: Standards of Experience, Allowable Fees, and Expenses
The following sets forth the process by which attorneys may submit billings pertaining to court appointments and fees allowable for such appointments.
a. Standard Billing Process
1. The court will allow attorney’s fees and costs for services rendered and
expenditures made by counsel properly appointed while matters are
pending before the court. Appointment orders must be made before an
attorney may begin billing for services and other costs pertaining to the
appointment.
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Superior Court of California, County of Mendocino
Application for the payment of fees and costs in misdemeanor or delinquency proceedings will ordinarily be made at the time of the final court disposition of the proceeding in which court appointed counsel served. In no event will the application be presented more than 60 days after the disposition of the case. The court reserves the right to reject any invoice presented for payment more than 60 days after the disposition of the case.
Pretrial interim application for fees may be made in cases involving the death penalty or life without the possibility of parole, or in exceptionally
complex or lengthy cases upon request by appointed counsel. No pretrial interim authorization for fees will exceed the sum of $3,000 per month, plus expenses, for lead counsel and $1,500 per month, plus expenses, for associate counsel.
If an attorney believes that the case is of such a special or unusual nature that it is not possible to render services in accordance with the maximum fee schedule, he/she must file a declaration explaining why an exception to the maximum fee is sought. Upon review of such written declaration, a reasonable fee exceeding the limits set forth in this schedule may be established by the judge presiding in the case.
Except as set forth in local rule 1.39 below, attorneys will not receive extra compensation for normal operating expenses such as mileage, photocopies, and long-distance phone calls; extra compensation will be allowed for such expenses as fees for investigators and expert witnesses in accordance with these rules.
If an appointed attorney must appear in the court of another county on a case transferred from this court, the attorney will be entitled to reasonable travel and lodging expenses necessarily incurred in connection with his/her appearance in the court of the other county. The attorney will be reimbursed for necessary mileage and lodging at the rate allowed by the Judicial Council of California. Attorneys will not seek payment of fees for travel time.
Application for fees and costs must be completed on local form MMC-131
Claim Form itemizing the legal services rendered, the amount of time for such services, and any expenses incurred. Application for fees and costs must be submitted to the court for subsequent approval by the judge presiding in the case.
Any requests for reimbursement of travel or lodging must be made by written declaration. All requests for such reimbursement must include itemized expenses with all applicable receipts attached. Travel expenses must be pre-approved by the judge presiding in the case.
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b. Criminal and Juvenile (Welfare & Institutions Code § 602) Attorney Appointments: Once approved by the judge presiding in the case, indigent defense costs in all criminal and juvenile (W&I Code § 602) matters are submitted to the County of Mendocino for payment, including all costs pertaining to the Office of the Public Defender and the Office of the Alternate Defender.
1. Criminal and Juvenile Case Classifications
a. Class 1: All homicides, whether capital or non-capital, and all
offenses having a maximum sentence of life without possibility of
parole, or in the discretion of the court, an aggregate state prison
sentence of 25 years or more.
b. Class 2: All crimes for which the upper term of punishment is four
(4) years or more, but less than Class 1.
c. Class 3: All other felonies, misdemeanors, and all juvenile matters.
2. Minimum Experience Requirements for Attorneys Appointed in
Criminal and Juvenile (W&I Code § 602) Matters
a. Class 1: Certified criminal law specialist or equivalent.
b. Class 2: Five (5) years’ experience as an attorney, with a
substantial part of such experience in criminal law.
c. Class 3: An attorney may be eligible for this class by providing
oral or written proof of relevant experience and upon authorization
of the judge presiding in the case.
3. Fee Schedule: All criminal and juvenile (W&I Code § 602) attorneys
must agree to handle all cases to which they are appointed at the rates
established by the court. The court will periodically review and adjust
rates as necessary.
a. Class 1: The rate will be $120.00 per hour, unless otherwise
determined on a case-by-case basis.
b. Class 2: The rate will be $95.00 per hour.
c. Class 3: The rate will be $80.00 per hour.
c. Civil, Family Law, and Probate Attorney Appointments: Costs pertaining to appointment of attorneys in civil, family law (typically minor’s counsel pursuant to Family Code § 3150), and probate matters are submitted to the court for payment.
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An attorney may be eligible for appointment in one of these case types by
providing written proof of experience required by the California Rules of Court
including but not limited to rules 5.242, 7.1101, 7.1105, or other applicable rules,
and upon authorization by the judge presiding in the case. The fee for such
appointments will be $75.00 per hour.
d. Guardianship and Conservatorship Proceedings. Attorneys for guardians or
conservators are compensated according to the work performed. The size of the
estate corpus and the responsibility assumed by the attorney are only two (2) of
the factors considered in arriving at the value of the services. Application for the
attorney’s fees must be accompanied by a complete statement of the facts upon
which the application is based, a detailed statement of the amount of time devoted
to each component of the services, and the specific amount requested for each
service.
e. Order for Payment. Before any order for the payment of fees is made by the
court, the attorney must provide proof of service that all parties entitled to notice
have been given notice of the fee application.
(Effective 1/1/99; amended 7/1/99; amended 1/1/09; amended 1/1/10; renumbered & amended 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
Attorney’s Fees and Representative’s Fees for Extraordinary Services in Probate
Proceedings or in any Probate Matter Where a Statutory Fee is not Established
a. The court will take into consideration the statutory fee and whether it constitutes
adequate compensation for all services rendered by the attorney or representative.
b. Notwithstanding the principle stated in paragraph (a), extraordinary compensation
will be paid when requested for the following services:
1. Preparation of fiduciary tax returns and resolution of problems arising
from the audit of such returns. Payments made to accountants or to other
tax preparers for such services and charged to the estate must be set forth
in the request for extraordinary compensation.
2. Sales of property without a broker.
c. Subject to the principle stated in paragraph (a), compensation for extraordinary
services will be considered in the following situations:
1. Litigation on behalf of the estate.
2. Operating or selling a business.
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Superior Court of California, County of Mendocino
3. Sales of estate property.
4. Performance of any act resulting in extraordinary benefit to the estate or
requiring an extraordinary expenditure of time.
d. Application for compensation of extraordinary services will not be considered
unless the title of the petition and the notice of hearing include a reference to the
request. The prayer must set forth the specific amount of the request.
e. The application for compensation of extraordinary services or any other services
for which a fee is requested other than ordinary services must specify:
1. Date services rendered.
2. Detailed description of services rendered.
3. Hours spent on ordinary services.
4. Hours spent on extraordinary services.
5. Hourly rate; and
6. Total amount requested
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Guardian and Conservator Fees
Fees and Commission Fixed by Court Prior to Payment
There is no authority for the payment of any fees or commissions in decedent’s estates, guardianships, or conservatorships in advance of a court order authorizing the same. Representatives will be surcharged interest to the date of any order authorizing such payment unless in the case of a decedent’s estate the written consent of the residuary beneficiaries is filed with the court and the amounts paid are reasonable and proper.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
Guardianship and Conservatorship Fees
Factors to be considered in determining the compensation allowable to guardians and conservators are:
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Superior Court of California, County of Mendocino
a. The gross income and assets of the estate.
b. The success or failure of administration of the guardian or conservator.
c. Any unusual skill or experience which the guardian or conservator in question
may have brought to the work.
d. The fidelity or disloyalty displayed by the guardian or conservator.
e. The amount of risk and responsibility assumed by the guardian or conservator in
carrying out such duties.
f. The time expended by the guardian or conservator in carrying out such duties.
g. The custom in the community as to charges exacted by trust companies and
banks.
h. The character of the work done during administration whether routine or
involving skill and judgment.
i. Any estimate which the guardian or conservator has given of the value of the
guardian or conservator’s own services (Estate of Nazro, (1971) 15
Cal.App.3rd218).
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) Investigation and Expert Fees
Investigation Fees and Expenses
a. Ancillary Funding Requests. All ancillary funding requests for investigation
fees and expenses must be made in writing by the assigned counsel and submitted
to the court for review and authorization by the presiding judge or his/her
designee.
b. Order of Appointment. Orders appointing an investigator must provide a blank
space for the judge to insert a dollar limit for the services to be provided.
c. Maximum Amount of Fees in Initial Application
1. Cases Other Than Capital or Life Sentence Cases: The initial
application must not exceed the sum of $3,000. Additional applications
may be made upon showing that further investigation is necessary in an
amount not to exceed $2,000 per application.
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2. Capital and Life Sentence Cases: The initial application for capital and
life sentence cases must not exceed $5,000. Additional applications may
be made upon showing that further investigation is necessary in an amount
not to exceed $3,000 per application.
3. All Cases: In no event will the court grant fees or expenses not reasonably
justified by the nature of the case as supported by written declaration by
the assigned counsel. The declaration must specify the nature and purpose
of the proposed investigation and must contain an estimate of the fees and
expenses involved. The court will consider payment for reasonable time
spent writing reports.
d. Further Authorization of Fees. If the authorization is reached, further judicial
authorization must be obtained before additional billings may be submitted.
Requests for additional investigative time must be accompanied by a detailed
statement of the work performed up to that time. This detailed statement will not
be treated as a request for payment unless the court has granted authorization for
such billings.
e. License. Upon request, investigators will provide the court with a copy of a valid
investigator’s license.
f. Hourly Rates. Investigator fees will be paid at $65.00 per hour. Reimbursement
for copies of discovery and motions is not permitted.
The court will not approve payment for excessive time spent in conference with
attorneys, experts, or the defendant. The billing must set forth a detailed explanation of
the need for such conference time before the court will consider payment.
(Effective 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 7/1/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26)
Fees in Guardianship or Conservatorship Investigations
Guardianship and conservatorship investigator fees will be reimbursed as follows, subject to review by the court:
a. Conservatorship investigation: $600
b. Conservatorship review: $300
c. Guardianship investigations: $500
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d. Guardianship reviews: $200
(Effective 7/1/16; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; amended 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
Non-Psychiatric Expert Fees and Expenses
a. Ancillary Funding Requests. All ancillary funding requests for investigation
fees and expenses must be made in writing by the assigned counsel and submitted
to the court for review and authorization by the presiding judge or his/her
designee.
b. Amount of Fees: In no event will the court grant fees or expenses not reasonably
justified by the nature of the case as supported by the written declaration. The
written declaration must specify:
1. The nature, purpose, and materiality of the proposed expert services.
2. The name of the expert to be retained.
3. A brief statement of the experts’ qualifications.
4. The proposed expert’s hourly fees for court work and courtroom
testimony.
5. An estimate of the fees and expenses involved; and
6. A detailed explanation of any unusual or extraordinary requests.
c. Order for Fees and Expenses: The order for expert fees and expenses must be
on a form approved by this court.
d. Maximum Rates for Expert Services and Testimony: Claims for expert
services authorized pursuant to this rule will not exceed the amounts approved by
the court.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Claim for Payment
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Claim for Payment
a. Submission of Claim for Payment. Claimants, including attorneys, investigators, experts, expert witnesses, and others must submit billings when work on the case has been concluded, unless the time worked spans more than one (1) fiscal year. In such instances, claimants must submit billings for the work performed in the first fiscal year no later than July 15th. In all other instances, billings must be presented within 30 days of the conclusion of the case. In cases involving many hours of work, the court may authorize, in advance, interim billings. When interim billings are authorized, each bill must identify the time- period that it covers and be identified by a progress payment number (e.g. “Interim Billing No. 3”).
b. Request for Payment. The request for claimant fees and expenses must be in the form approved by this court. All claims for payment must include in the caption a cumulative total of all payments to date (if any). Subsequent claims must not include any expenses incurred prior to the date the last claim was submitted.
Claims for fees and expenses must be made on local form MMC-131 Claim Form and must include a copy of the court order appointing the claimant and awarding fees, as well as a detailed accounting of all claimed fees and expenses. Claim forms and attachments must be submitted to the Accounting Department, which will submit the claim to a judge to review and authorize the claim. Once approved, the claim will be processed by the court or the County of Mendocino.
c. Claims Requirements. All claims must contain a detailed statement of services rendered. Time must be billed in increments of 1/10 hour. Each claim must clearly identify the work performed and the name of the person who performed it.
The following types of services must be separately identified:
Travel time. Time spent interviewing witnesses, defendants, or parties. Time spent in conference with attorneys, other experts, or defendants. Time spent reviewing reports or other documents. Time spent measuring, diagramming, or photographing scenes, locations, persons, and objects. Time spent researching public records or obtaining documents or other information.
Mileage reimbursement will be based on the current mileage rate used by the Judicial Council of California. Mileage claims must be supported by MapQuest or other similar mapping program documentation.
d. Requests for Extraordinary Costs. In no event will the court grant extraordinary fees or expenses not reasonably justified by the nature of the case, as supported by written declaration. The declaration must specify the nature and
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Superior Court of California, County of Mendocino
purpose of the proposed services and contain an estimate of the fees and expenses
involved. Unusual or extraordinary requests must be justified in detail.
The court will NOT authorize payment without specific prior approval for:
Clerical work
Courtroom observation
Travel costs (e.g. meals, lodging, airfare, travel time)
Copies of discovery or motions
Other unusual services
e. Claims Confidentiality. Claimant billings will be treated as confidential in all
criminal and juvenile cases.
f. Disclosure of Other Compensation for Services on Court Appointed Cases.
A claimant must disclose fully, in writing, any payment or other compensation
received from any source other than the court for services rendered in connection
with any case in which the claimant has been appointed.
g. Submission. Claim forms may be submitted by in person or via email to
accounting@mendocino.courts.ca.gov.
(Effective 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered & amended 7/1/23; renumbered & amended 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26) Use of Electronic Devices or Cameras for Making Photographs, Videotapes, or Audio Recordings in the Courthouse
Media Coverage
No filming, photography or electronic recording is permitted in courthouses unless expressly authorized by the court or consistent with California Rules of Court rule 1.150, Government Code section 68150, and/or these local rules.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered & amended 7/1/26)
Requests for Photography, Videotaping or Audio Recording
Requests for any type of video, still photography or audio coverage, including pool cameras, in a courtroom for a specific court proceeding must be made in compliance with California Rules of Court rule 1.150(e)(1). Requests must be submitted on Judicial Council form MC-500 Media Request to Photograph, Record, or Broadcast and accompanied by the MC-510 Order on Media
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Superior Court of California, County of Mendocino
Request to Permit Coverage to Court Administration in Room 303 at the Ukiah courthouse or via email to court.administration@mendocino.courts.ca.gov.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
Use of Handheld Electronic Devices, Photography, Videotaping and Audio Recording Devices
As permitted by California law, visitors to the courthouses are authorized to photograph publicly available court case records generally accessible through the court’s electronic case information system, re:Search CA. Records that may be photographed include, but are not limited to, dockets, filed documents, case summaries and other information. The court may set reasonable limits on the use of the visitors’ equipment necessary to prohibit the copying of records from being an unreasonable burden to the orderly function of the court or that prevent other visitors from having access to the kiosks that provide these records.
If a visitor requires certification, exemplification, or any other official acknowledgement from the court as to the authenticity of court case records, the visitor will be required to purchase these documents according to fees listed on the court’s fee schedule.
With the exception of court case records, the following limitations apply to the use of handheld electronic devices, photography, videotaping, or audio recording, unless an exception is expressly permitted by written judicial order or as permitted by local rule 1.44:
a. Videotaping, photographing, or electronic recording by the media and/or the
public is not permitted in any part of the courthouse, including but not limited to,
lobby areas, halls, stairs, elevators, clerks’ windows, or meeting rooms.
b. Video equipment, photography equipment, and electronic recording devices must
be turned off while transporting them in any area of the court.
c. All audible electronic devices must be turned off when they are in the courtrooms.
d. Any photography of the interior of a courtroom through the glass door windows
or from the doorway of a courtroom is prohibited, even if an exception is granted
for courthouse areas outside the courtroom.
e. When audio and/or video recording is not permitted by a judicial officer,
electronic recording devices may be taken into the courtroom only if they are
turned off and remain inside an enclosed case.
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f. Attorneys, parties, experts, and witnesses involved in a proceeding may use their
electronic devices to perform court related functions while in the courtroom.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/20; renumbered 1/1/21; renumbered & amended 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered & amended 1/1/24; renumbered & amended 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered & amended 7/1/26)
Prohibited Coverage
In accordance with California Rule of Court rule 1.150(e)(6) and these local rules, the media and public are prohibited from audio or video recording and photography of any of the following:
a. A proceeding closed to the public.
b. Jurors or spectators.
c. Jury selection.
d. Conferences between an attorney and client/witness, interpreter, and
party/witness.
e. Conferences between attorneys.
f. Conferences between counsel and a judicial officer at the bench (“sidebars”).
g. Proceedings held in chambers.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered /1/26)
Areas in Court Facilities Where Media Activities are Authorized
Photos, news conferences, and on-camera statements are allowed only in areas specified for that purpose. Requests for media photos and interviews must be made to the presiding judge.
The media must not impede access to the courthouse for court staff, visitors, and other members of the public.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
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Ceremonial Events
Unless the court orders otherwise, these rules do not prohibit photography or recording of ceremonial events held by the court, a governmental agency or bar association; mock trial competitions; weddings; adoptions; or other authorized events held in a courtroom when court is not in session.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/2; renumbered 7/1/244; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
Body Worn Cameras
Law enforcement officers with body worn cameras will not activate the recording functions of the camera or microphone in the courthouse unless they are involved in a law enforcement incident that may result in an arrest.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) Court Security
Court Security
a. The courthouses in Ukiah and Fort Bragg require perimeter screening before
entering either facility. Upon entering these facilities, all members of the public,
attorneys, court staff, county staff, and off-duty peace officers will be subject to
search using a walk-through metal detector, x-ray screening of all non-food items,
and visual inspection of food containers. At the direction of court security
personnel, persons entering the facility may be required to submit to additional
metal detection scanning with a handheld device.
b. Court employee work areas are restricted to court personnel and judicial officers.
County employees who may be delivering mail or performing other services, and
vendors performing services authorized by the court will be permitted into these
restricted areas.
County employees whose duty stations are located in the courthouse facility must
adhere to these court security rules and may not possess weapons or dangerous
items or materials in any court facility except as specified below.
c. On duty peace officers, including probation officers, either in uniform or, if not in
uniform, presenting picture identification to security staff, who are attending law
enforcement business at the courthouse facility, may be admitted without being
searched. Security personnel may verify the identity of any officer by requesting
proper identification. If the identity of an officer cannot be verified through
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identification carried by the officer or through reasonable efforts by security personnel, this exemption will not apply.
Area tribal police officers may enter the courthouse carrying their duty weapons if they are in uniform, on duty, and are able to present a valid police department identification card.
Peace officers, including probation officers and tribal police officers, appearing on personal matters may not bring weapons into any court facility pursuant to Penal Code § 171(b)(2)(B).
d. Weapons or dangerous items or materials cannot be brought into a courthouse facility, unless in the possession of an on-duty peace officer as described in (c) above. Weapons or dangerous materials will be authorized to enter the courthouse when they are to be used as evidence in court, are properly secured to prevent accidental discharge or release, and are being delivered to court by someone authorized by state law to do so.
Weapons, dangerous items, or materials include:
1. Items prohibited by Penal Code § 171b, including firearms, knives, tear
gas weapons, laser or stun guns, instruments that expel metallic
projectiles, spot markers, and paint guns.
2. Items prohibited by Penal Code § 1202, including undetectable and
disguised firearms, metal knuckles, hand grenades, clubs, and blackjacks.
3. Any explosive or incendiary device, or any toxic, radioactive, or
flammable material.
4. Any item that could be used to stab, cut or to commit mayhem, such as
pointed scissors, letter openers, pocketknives, glass bottles, screwdrivers,
awls, saw blades, and stakes.
5. Any item which could be used as a club, such as a hammer.
The following items are excluded from the definition of weapons or dangerous
items or materials.
1. Food, beverages, and non-sharp utensils carried into a court facility by
court or county employees assigned to work within the courthouse facility,
or by jurors displaying valid juror identification.
2. Tools and flammable materials required for authorized facility
maintenance or construction in approved containers and are being
transported by someone authorized to do so within the facility.
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e. Tampering with security equipment or attempting to bypass the security screening
is a violation of this local rule and punishable through contempt proceedings.
(Effective 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 1/5/22; amended 1/1/23; renumbered 7/1/23; renumbered 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) Court Collections Program
Court Collections
For cases filed on or after February 8, 2021, defendants that fail to pay or appear in court on infraction matters shall be referred to the Court Collections Program. Defendants that fail to make court ordered payments on criminal fines, fees and penalty assessments will also be referred to the Court Collections Program.
Once referred to the Court Collections Program, defendants will have an opportunity to set up payment plans to resolve these outstanding accounts. If defendants fail to resolve the outstanding balances, the Court Collections Program may refer these unpaid debts to the Franchise Tax Board which has the authority to intercept tax refunds, garnish wages, and seize bank accounts.
For cases filed before February 8, 2021, defendants with unpaid infraction, misdemeanor or felony fines, fees and penalty assessments will be referred to the County of Mendocino’s Collection Program.
(Effective 1/1/24; renumbered 7/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
Overpayment on Criminal and Traffic Cases
Overpayments on felony, misdemeanor, or infraction cases may occur because a defendant overpays the amount due or the California Franchise Tax Board, through its Tax Intercept or Court-Ordered Debt Programs, collects more from a defendant than is owed on a particular case. If a defendant, his/her representative, or the Franchise Tax Board overpays the amount due on felony, misdemeanor, or infraction fines and fees on a particular case, the court will determine whether there are other adjudicated cases with outstanding balances due. If there are such cases, the court will apply the overpayment to those cases, starting with the oldest outstanding balance(s) due. The court will only issue a refund to a defendant if there are no outstanding balances due on adjudicated cases or there are pending cases that have not yet been adjudicated.
(Effective 7/1/25; renumbered 7/1/26)
Payment Plans in Delinquent Criminal and Traffic Cases
Thirty (30) days following a final notice to defendants of unpaid and delinquent fines, fees and forfeitures, the court shall submit the unpaid delinquent debt to California Franchise Tax Board
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for further collection efforts. Once the case is transferred to the Franchise Tax Board, the court will no longer set up payment plans with defendants to pay outstanding fines, fees and forfeitures.
For cases submitted to the Franchise Tax Board’s Tax Intercept Program, defendants on existing payment plans may have their state tax refunds reduced by the amount of the outstanding debt. Defendants may continue to make their monthly installment payments to the court while the Tax Intercept Program is reviewing tax refunds for individuals with outstanding court debt.
For cases submitted to the Franchise Tax Board’s Court Ordered Debt Program, the court will terminate existing payment plans and direct the defendants to the Court Ordered Debt Program to set up payment plans with that office.
(Effective 7/1/26) Use of Generative Artificial Intelligence in Court Cases
Definition of Generative Artificial Intelligence (Gen AI)
For the purposes of these Local Rules, generative artificial intelligence (Gen AI) is an emerging technology capable of creating original court case documents on behalf of attorneys and litigants that choose to make use of this technology.
(Effective 7/1/26)
Prohibition of Submission of Pleadings or Other Case Documents Using Gen AI
The court prohibits the submission of pleadings or other filed or lodged court case documents containing legal argument and/or citations generated by AI unless the filer carefully checks every case citation, fact and argument to make sure they are accurate, relevant and proper. No party or attorney may delegate this responsibility to AI or any other form of technology. The court will assume that any filed or lodged document in case cases will have undergone this rigorous review and scrutiny by the filer.
(Effective 7/1/26)
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Chapter 2: Civil Court Rules
2.1 Case Management Conferences
Case Management Conferences will be conducted in all new Unlawful Detainer, Limited Civil, and Unlimited Civil actions.
a. Setting of Case Management Conference and Order to Show Cause Hearing:
1. Unlawful Detainer Actions:
A joint Case Management Conference and Order to Show Cause hearing
for failure to timely file a proof of service will be set in all Unlawful
Detainer actions for a date not later than 45 days after the filing of the
complaint. The hearing will be vacated upon the timely filing of the
required proof of service, or a dismissal of the action, and parties will not
be required to appear.
A joint Case Management Conference and Order to Show Cause hearing
for failure to dismiss or file a default judgment will be set for a date not
later than 395 days after the filing of the complaint. The hearing will be
vacated upon the filing of a dismissal of the action, or a defaulted
judgment, and parties will not be required to appear.
The court may impose sanctions for failure to comply with service and/or
default deadlines.
2. Limited Civil Actions:
In accordance with California Rules of Court, Rule 3.740, a joint Case
Management Conference and Order to Show Cause hearing for failure to
timely file a proof of service will be set in all Limited Civil actions for a
date not later than 180 days after the filing of the complaint. The hearing
will be vacated upon the timely filing of the required proof of service, or a
dismissal of the action, and parties will not be required to appear. The
court may impose sanctions for failure to comply with service.
Additionally, a joint Case Management Conference and Order to Show
Cause hearing for failure to dismiss or file a default judgment will be set
for a date not later than 395 days after the filing of the complaint. The
hearing will be vacated upon the filing of a dismissal of the action, or a
defaulted judgment, and parties will not be required to appear. The court
may impose sanctions for failure to dismiss or comply with default
deadlines.
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Upon filing of an answer, a Case Management Conference regarding case
status will be set and noticed for a date not later than 120 days after the
filing of the answer.
3. Unlimited Civil Actions:
A joint Case Management Conference and Order to Show Cause hearing
for failure to timely file a proof of service will be set in all Unlimited Civil
actions for a date not later than 75 days after the filing of the complaint.
The hearing will be vacated upon the timely filing of the required proof of
service, or a dismissal of the action, and parties will not be required to
appear. The court may impose sanctions for failure to dismiss of comply
with service deadlines.
In accordance with California Rules of Court, Rules 3.722-3.730, a Case
Management Conference will be set for a date 120 days after the filing of
the complaint.
b. Required Pleadings:
All Unlawful Detainer and Limited Civil complaints filed and submitted pursuant
to local rule 1.8, must include local form MCV-102 Notice of Limited Civil Case
Management Conference and Order to Show Cause re: Failure to Comply with the
case name completed.
All Unlimited Civil complaints filed and submitted pursuant to local rule 1.8,
must include local form MCV-101 Notice of Case Management Conference and
Order to Show Cause re: Failure to Comply with Service Deadlines with the case
name completed.
The court clerk will set the required hearing dates and will return the form to the
e-filer. For filings submitted by any means other than e-filing, the clerk will
prepare and deliver the Notice form to the filing party at the time that the
complaint is filed. The party filing the initial pleading must serve a copy of the
completed notice on all parties named in the pleading, together with the summons,
complaint, and other initial pleadings.
If a cross-complaint names new parties in an action, the cross-complainant will
serve copies of the completed notice on all new parties at the same time the cross-
complaint is served.
(Effective 1/1/13; renumbered 1/1/19; amended 1/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/25; amended 7/1/26)
2.2 Continuances
a. Parties may continue a civil hearing or trial date to a date approved by the clerk
one (1) time by stipulation and payment of applicable fees.
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b. Additional continuances may be obtained by written stipulation of the parties with
approval of the court. Parties must submit a fully executed stipulation and
proposed order demonstrating good cause for the continuance before the
scheduled hearing/trial date.
c. A party who announces in open court that a law and motion hearing has been
continued by stipulation must file and serve written notice on all parties of the
continued hearing date.
d. A party seeking a continuance of any motion or trial without a stipulation of the
parties must do so by noticed motion, ex parte application, or oral motion in open
court showing good cause for the continuance.
e. For proceedings in which any party has requested a court interpreter, the party
seeking the continuance shall give five (5) business days’ notice prior to the date
of the proceeding and serve such notice on the court and opposing party. Upon
receipt of such notice and within three (3) business days prior to the date of the
proceeding, the party requesting the interpreter must comply with the interpreter
cancellation notification process specified in local rule 1.34(b).
(Effective 1/1/99; amended 1/1/03; amended 7/1/08; amended 7/1/12; renumbered & amended 1/1/13; renumbered 1/1/19; amended 1/1/21: amended 7/1/22; amended 7/1/25; amended 7/1/26)
2.3 The Pretrial Conference
a. A pretrial conference may be held in any long cause matter on the civil active list
whether scheduled for jury trial or court trial. The pretrial conference must be
attended by counsel who will try the case and all unrepresented parties.
b. Pretrial Statement Required
1. Pursuant to the order setting the action for pretrial conference, counsel
must file a Joint Pretrial Statement or separate Pretrial Statement no less
than five (5) business days before the scheduled pretrial conference.
Pretrial statements will not exceed 10 pages.
2. Counsel and unrepresented parties must meet in good faith to prepare the
pretrial statement(s) to narrow down the legal and factual issues which the
court will have to try, arrive at stipulations, and attempt settlement of the
action at least 15 days prior to the pretrial conference.
3. Form and Contents of Pretrial Statement. The pretrial statement must
include the name of the parties submitting the statement, set forth the
nature of the action, and include the following items in the following
order:
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a. Jurisdiction and Venue: List of jurisdiction or venue disputes including the supporting legal and factual issues.
b. Substance of the Action: Description of the claims, defenses, and issues to be decided in impartial and non-argumentative language suitable for reading to the jury at trial.
c. Undisputed Facts: Statement of the agreed upon undisputed facts to be incorporated into the trial record without supporting testimony and exhibits.
d. Disputed Facts: Statement of all disputed factual issues.
e. Disputed Evidence: Summary of anticipated disputes concerning admissibility of evidence.
f. Relief Sought: Statement of the relief claimed, including an itemization of monetary damages sought.
g. Abandoned Issues: Statement of abandoned issues raised in the original pleadings (i.e. causes of action, affirmative defenses).
h. Previous Motions: List of all filed motions in the proceeding and the disposition of each.
i. Witnesses: List of all witnesses likely to be called at trial, in person or by deposition, with a description of the substance of the testimony to be given after each name. Impeachment or rebuttal witnesses are excluded from this list.
j. Exhibits, Schedules, and Summaries: List of all documents and items to be offered as exhibits at trial including a description of its substance, purpose, and identity of the sponsoring witness after each exhibit. Only listed exhibits will be permitted at trial except as otherwise provided in the pretrial order. Impeachment or rebuttal exhibits are excluded from this list.
k. Discovery Documents: List of all answers to interrogatories and responses to requests for admission that are to be offered at trial.
l. Discovery or Motions: Requests for additional discovery or pretrial motions.
m. Stipulations: List of stipulations requested or offered for pretrial or trial purposes.
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n. Amendments and Dismissals: List of amended pleadings,
dismissals, additions or substitutions of parties, or dispositions as
to defaulting parties.
o. Settlement: A statement summarizing the status of settlement
negotiations indicating whether further negotiations or settlement
conferences might be productive.
p. Agreed Statement: Indication if an agreed upon statement of
facts, in whole or in part, is feasible and desired.
q. Bifurcation, Separate Trial of Issues: Statement of whether
bifurcation or a separate trial of specific issues is feasible and
desired.
r. Appointment and Limitation of Experts: Indication if an
impartial expert witness appointed by the court is required and
whether limitation of expert witnesses is feasible and desired.
s. Estimate of Trial Time: Estimate of the number of court days
expected for the presentation of each party’s case. Counsel are
expected to reduce the time required for trial by all feasible means,
including stipulation, agreed statement of facts, expedited means of
presenting testimony and exhibits, and avoidance of cumulative
proof.
t. Attorney’s Fees: List of attorney’s fees requested, the legal and
factual basis for the request, and the time and manner for the fees
to be ascertained.
u. Miscellaneous: Any other comments, suggestions, or information
that might aid in the determination of the action.
c. Additional Requirements for Pretrial Conference. Unless otherwise ordered, parties must file with the court and serve on opposing parties’ copies of the following:
1. Trial Briefs. On or before the date of the pretrial conference. No later
than the Friday before trial in the even that no pretrial conference is
scheduled.
2. Motions in Limine Pursuant to Local Rule 2.4(a). No less than five (5)
business days before the pretrial conference.
3. Jury Voir Dire Questions Pursuant to California Rules of Court rule
3.1549. No less than five (5) business days before the pretrial conference.
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4. Proposed Jury Instructions Pursuant to California Rules of Court
rules 2.1055 and 2.1058. No less than five (5) business days before the
pretrial conference.
5. Proposed General or Special Verdict Forms. No less than five (5)
business days before the pretrial conference.
6. List of Exhibits Pursuant to Local Rule 2.5. On or before the date of
the pretrial conference
(Effective 1/1/13; renumbered 1/1/19; amended 1/2/21)
2.4 Motions, Evidence or Other Trial-Related Matters
a. Motions in Limine: Unless otherwise ordered, each party must file and serve all
motions in limine on significant disputed issues of law and foreseeable procedural
or evidentiary issues no less than five (5) business days before the date of the
pretrial conference. Written opposition to a motion in limine, if any, must be filed
and served at least one (1) business day prior to the pretrial conference. Counsel
and self-represented litigants must be prepared to argue motions in limine at the
pretrial conference.
b. Meet and Confer prior to Filing Motion. Prior to filing any motion, the moving
party must make a reasonable, good faith attempt to resolve the matter. A
declaration of facts supporting the party’s attempt to meet and confer or
explaining why such an attempt would not be reasonable must be filed with the
motion. If resolution is not possible, the moving party must attempt to coordinate
a hearing date with the opposing party or parties.
c. Motions to Compel Entry of Judgment. Motions to compel entry of judgment
pursuant to Code of Civil Procedure § 664.6 will be heard in the department of the
judge before whom the parties stipulated.
d. Reporting of Law & Motion Matters. This court does not regularly provide for
reporting of hearings in civil or probate matters.
(Effective 1/1/21; amended 7/1/22; amended 1/1/25)
2.5 Exhibits
a. Meet and Confer re Trial Exhibits: Before the Pretrial Conference, parties
must meet and discuss documentary evidence, including any deposition excerpts,
discovery responses, summaries, charts, or other physical evidence each party
may offer at trial. The parties must attempt to resolve any objections that may
arise. Any unresolved evidentiary issues must be brought to the court’s attention
at the pretrial conference.
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b. Depositions and Administrative Records: Any depositions or administrative
records submitted to the court as exhibits must be submitted on a USB flash drive
clearly labeled with the case name, case number, and contents of the USB drive.
c. Pre-Marking Exhibits for use at Trial: Parties are encouraged to pre-mark
exhibits for use at trial. The clerk will be available to pre-mark exhibits at the
pretrial conference and before court starts on each day of trial. Please do not ask
the clerk to pre-mark exhibits while court is in session.
d. Exhibit List: Each party will provide the clerk with a list of exhibits including a
brief description of each item that the party expects to offer at trial.
e. Copies of Exhibits: Parties must bring extra copies of documentary exhibits for
opposing counsel and the court, including copies of any depositions,
administrative records, or excerpts of same. To assist in keeping track of trial
exhibits, parties may stipulate to show witnesses copies instead of marked trial
exhibits.
f. Trial Binders: Trial binders containing multiple exhibits will not be marked with
evidence tags. Each exhibit must be separately marked for identification.
g. Post-Trial Return of Exhibits: Unless otherwise ordered, all exhibits will be
returned to the custody of the offering party at the conclusion of trial. Prior to
exhibits being returned, parties may request that the clerk provide a certified copy
of any exhibits at the requesting party’s expense.
(Effective 1/1/13; renumbered 1/1/19; renumbered 1/1/20; renumbered & amended 1/1/2; amended 7/1/24)
2.6 Tentative Rulings
a. Tentative rulings are issued at the court’s discretion. If a tentative ruling has not
been issued, parties or their attorney(s) of record are to appear at the scheduled
hearing.
b. Tentative Rulings are available on the Court’s Website. Civil and probate
tentative rulings for matters set on the law and motion calendar are issued no later
than 3:00 p.m. the business day before the scheduled hearing. Tentative rulings
are available on the court’s website.
c. Oral Argument
1. The court may request oral argument in its tentative ruling and may
specify the issues on which the court wants to hear argument.
2. If not requested by the court, oral argument will be permitted only if a
party notifies the court and all other parties by 4:00 p.m. the business day
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before the hearing of the party’s intent to appear. Notification to the court
should be sent via email to tr@mendocino.courts.ca.gov.
3. Oral argument will be heard each Friday on the law and motion calendar
unless otherwise set by the court.
d. The tentative ruling will become the ruling of the court if the court has not
requested oral argument and notice of intent to appear has not been given. The
prevailing party must prepare and submit a proposed order unless a proposed
order consistent with the tentative decision has previously been lodged with the
court.
(Effective 7/1/12; renumbered 1/1/13; amended 1/1/13; renumbered 1/1/19; renumbered & amended 1/1/21; renumbered & amended 7/1/21; amended 1/1/23; amended 1/1/25; amended 7/1/25)
2.7 Mandatory Settlement Conference
a. Settlement Conference Statement. A detailed Settlement Conference Statement
must be submitted pursuant to California Rules of Court rule 3.1380(c).
b. Parties claiming damages in a personal injury action must bring all reports and
records of all examining doctors to the settlement conference. A list of all special
damages claimed, with supporting evidence, must be available for examination by
the settlement conference judge. The special damages for each plaintiff should be
up to date, listed separately, totaled, and categorized as health care (including
medical, hospital, ambulance, and drugs) and loss of earnings, if any. Opposing
parties must bring copies of all reports and records of all examining doctors who
examined the plaintiff, employed by them or their insurance carrier if any, for
consideration by the settlement conference judge.
c. All parties will organize, in advance, and bring to the conference such medical
reports and records, any depositions (with relevant pages and lines pre-marked),
photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all
other documents pertinent to settlement of the case for examination by the
settlement conference judge.
d. All parties will set forth the date, amount, and terms of the highest offer and the
lowest demand by each party, as well as the insurance coverage limits available to
each party defendant or plaintiff.
e. All parties must ascertain whether there are claims or liens which may affect a
settlement. A written request to attend the settlement conference must be sent to
such claimants, lienholders or their representatives and a copy of the request must
be brought to the settlement conference.
f. Duties of Party at Conference. All parties attending a mandatory settlement conference must be thoroughly familiar with the relevant evidence available to
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him/her pertaining to all issues and be prepared to discuss all aspects of the case.
Additionally, the attorney for each party requesting a jury trial in a case where the
right is not guaranteed by law or in a case in which special verdicts or findings of
the jury will be required, must present any special verdict form or interrogatories
which will be required for the resolution of the case by the jury.
g. Appearance at Mandatory Settlement Conference. All persons whose consent
is required to settle a case, including but not limited to named parties, corporate
officer(s) or insurance representatives, must personally attend the mandatory
settlement conference unless excused by the court.
1. Remote Appearance. Any party who wishes to appear via telephone
must contact the settlement conference official to arrange the telephonic
appearance. Video appearances at mandatory settlement conferences are
not allowed.
2. The court, in its discretion, may require the personal attendance of a party
at the mandatory settlement conference even if travel more than 150 miles
is required.
h. Settlement of Case:
In any civil action where Judicial Council form CM-200 Notice of Settlement of
Entire Case has been filed indicating that an unconditional or conditional
settlement has been reached, and in which the filing party fails to file a dismissal,
enter judgment, or request reinstatement of the case, an Order to Show Cause
hearing will be set and noticed for a date not later than 30 days after the date
indicated on the notice of settlement in which a request for dismissal was to have
been filed.
Parties and/or counsel are required to appear at the Order to Cause hearing to
show cause as to why sanctions should not be imposed to failure to dismiss, enter
judgment, or request reinstatement of the action.
Upon filing of a dismissal of the action or a request for judgment or reinstatement
of the action, the Order to Show Cause hearing will be vacated, and the
appearance of parties and/or counsel will not be required.
(Effective 1/1/21; renumbered & amended 7/1/21; amended 7/1/22; amended 7/1/23; amended 7/1/25)
2.8 Electronic Service/Notification (CCP § 1010.6)
a. Mandatory Electronic Service / Notification: Except for documents requiring
service by registered or certified mail, the court will electronically serve all
documents issued by the court on all parties subject to mandatory e-filing
pursuant to Local Rule 1.8 and any party bound by court order to use electronic
service.
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Unrepresented parties may consent to electronic service of documents issued by
the court by filing Judicial Council form EFS-005-CV Consent to Electronic
Service and Notice of Electronic Service Address with the court.
b. Provide and Maintain Updated E-Mail Address:
Parties subject to mandatory electronic service, or unrepresented parties who have
consented to electronic service, are required to provide the court with an accurate
e-mail address. Parties who provide more than one e-mail address are required to
designate one address as the primary address to which documents will be sent. It
is the responsibility of the parties to keep the court informed of any changes to an
e-mail address.
c. Request for Exemption from Electronic Service or Withdrawal of Consent to
Electronic Service:
Parties subject to mandatory electronic service may request an exemption from
electronic service by filing Judicial Council form EFS-007 Request for Exemption
from Mandatory Electronic Filing and Service and lodging Judicial Council form
EFS-008 Order of Exemption from Electronic Filing and Service.
An unrepresented party must file Judicial Council form EFS-006 Withdrawal of
Consent to Electronic Service to withdraw consent to electronic service.
(Effective 1/1/25)
2.9 Prove Up Hearing for Default Judgments
In any quiet title action or complaint alleging fraud or a complaint requesting punitive damages, the court will set a prove-up hearing upon any request for a default judgment. The court may require a prove-up hearing in any other action where a default judgment is requested.
(Effective 7/1/24; renumbered 1/1/25)
2.10 Attorney as Witness in Jury Trial
An attorney testifying on the merits of the case as a witness on behalf of his client will not argue the case to the jury unless by permission of the court.
(Effective 1/1/13; renumbered 1/1/19; renumbered 1/1/20; renumbered 1/1/21; renumbered 7/1/21; renumbered 7/1/24; renumbered 1/1/25)
2.11 Submission and Lodging of Administrative Records
In all matters in which an Administrative Record is lodged with the court, the record must be submitted on a USB flash drive. The USB flash drive must be clearly labeled
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“ADMINISTRATIVE RECORD” and must include the case name, case number, and the name of the party submitting the record.
Once submitted, the clerk will indicate the date the record was lodged on the label of the USB flash drive, enter the lodging of the record in the court’s case management system, and store the USB flash drive until after the termination of all required appeal periods.
(Effective 1/1/23; renumbered 7/1/24; renumbered 1/1/25)
2.12 Attorney Fee Schedule in a Default Action on a Note or Contract
a. Any request for attorney fees on a default action on a note or contract to be issued
by the clerk must be accompanied by a declaration from the attorney that they will
accept the amount as set forth below in section b below. If no declaration is
attached, no fees will be awarded unless the attorney sets a hearing before the
judge.
b. Exclusive of costs, counsel fees will be awarded in a default action on a
promissory note or contract providing for the payment of counsel fees as follows:
25% of the first $5,000 with a minimum of $250
10% of the amount over $5,000
In any default action where the attorneys’ fees request exceeds $7,500, a
prove up hearing may be required to establish the reasonableness of the
requested fees.
(Effective 7/1/25) Small Claims
2.13 Service by Certified Mail
The court clerk will attempt to serve a plaintiff’s claim on a corporation, partnership, or agency by certified mail with return receipt requested. Plaintiff must submit local form MMC-300 Certified Mail Statement (Small Claims) with the required service fee when requesting the clerk to attempt service by certified mail (fee waivers are not applicable).
(Effective 7/1/24; renumbered 1/1/25; renumbered 7/1/25)
2.14 Delay Reduction
a. Resetting of scheduled hearing: If a plaintiff is unable to serve a defendant prior
to a scheduled hearing, the plaintiff may request the court clerk to reset the
scheduled hearing. A scheduled hearing may only be reset one time, and the
request must be made at least three (3) business days prior to the scheduled
hearing. Further continuance requests must be submitted in writing using the
appropriate Judicial Council form.
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b. Plaintiff’s Failure to Appear: A Plaintiff’s failure to appear for a scheduled
Small Claims hearing may result in the dismissal of the case.
c. Failure to File Proof of Service: Failure to file proof of service in compliance
with CCP section 116.340(c) may result in the matter being dismissed.
(Effective 7/1/24; renumbered 1/1/25; renumbered 7/1/25) Unlawful Detainer Actions
2.15 Trial Setting
a. Unlimited Unlawful Detainer Actions: It is the responsibility of the parties in
an unlimited unlawful detainer action to notify the court that they are entitled to
an expedited trial.
b. Limited Unlawful Detainer Actions: When a limited unlawful detainer case is
ready for trial, any party to the action may file and serve a request for trial using
the mandatory Judicial Council form UD-150 Request / Counter-Request to Set
Case for Trial – Unlawful Detainer. The form must be completed in its entirety
and the proof of service on the reverse side of the form must be filled out and
submitted after the opposing party has been served with the request or counter-
request for trial.
c. Upon receipt of a request for trial, if no jury trial is demanded, the clerk will set
the trial date pursuant to the time standards set forth in the Code of Civil
Procedure section 1170.5 and will promptly notify all parties in writing of the trial
date.
1. If a counter-request for jury trial is demanded in an unlawful detainer
action, such demand must be made no later than five (5) calendar days
after notice of a trial date set by the clerk, if the party was served with the
notice by email or by personal service, or ten (10) days if notice is mailed
by the clerk of the court.
2. If a timely demand for jury trial is filed, the set trial date will be converted
to a Trial Readiness/Pre-Trial Conference hearing date for setting of a jury
trial date. The court may consider dates of unavailability; however, trials
will be scheduled according to the court’s calendar and within the
timeframes prescribed by statute.
Parties who are completely familiar with the case and who possess the authority to enter into stipulations must be present at the scheduled hearing. Any orders made will be binding on the parties and will not be subject to reconsideration due to a party or an attorney’s unfamiliarity with the case at the time of the hearing. The parties must be prepared to discuss any unusual
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evidentiary or legal issues anticipated during the trial and all remaining matters believed by any party to be appropriate for stipulation.
(Effective 7/1/26)
2.16 Jury Trial Fees
Advance jury fees must be paid pursuant to the Code of Civil Procedure section 631 and must be deposited with the clerk’s office at least five (5) calendar days prior to the date of trial. At the commencement of the second day of trial, and on each succeeding day of trial, fees in a sum equal to one day’s jury fees and mileage must be deposited with the clerk’s office prior to start of each day of trial. If, during voir dire or trial, the party responsible for jury fees waives the jury or fails to pay the required jury fees, the other party may preserve their right to jury trial by depositing the fees. If no other party deposits the required jury fees, the jury is deemed waived and the trial will proceed without a jury.
If relief is sought for the waiver of jury fees, the mandatory Judicial Council form FW-002 Request to Waive Additional Court Fees, with an accompanying mandatory Judicial Council form FW-003 Order on Court Fee Waiver, must be filed at least five (5) business days prior to the date of the trial. The forms will be submitted to a judicial officer for review and decision.
(Effective 7/1/26)
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Chapter 3: Criminal Court Rules
3.1 Request to Calendar
Parties wanting to place a matter on calendar must provide at least five (5) business days written notice to the court and opposing counsel by filing local form MCR-103 Request to Calendar Case and supporting documents with the clerk’s office. A request to place a matter on calendar for emergency matters which need to be heard before the five (5) business day notice requirement must be accompanied by a Declaration in Support of Order Shortening Time and an Order Shortening Time.
Exceptions to the five (5) business day rule include:
a. Motion to Continue (Penal Code § 1050)
b. Conflict of Interest Papers
c. OR/Bail Motion
d. Motion for Consolidation
(Effective 1/1/10; renumbered 1/1/19; renumbered 7/1/19; renumbered & amended 1/1/20; amended 1/1/23)
3.2 Service on Probation Department for Defendants on Pre-Trial Services Prior to Adjudication
Defendants or their counsel must serve the Probation Department with any motions, requests to calendar, or other pleadings to be placed on calendar while the defendant is participating in the Probation Department’s Pre-Trial Services program at least one (1) business day prior to the date of the hearing.
(Effective 1/1/24)
3.3 Motions
a. Motions to Suppress Evidence. Motions pursuant to Penal Code § 1538.5 will
be calendared no less than five (5) business days before trial.
b. 995 Motions. Motions pursuant to Penal Code § 995 to dismiss one (1) or more
charges in a felony case after the preliminary hearing will be calendared no less
than five (5) business days before trial.
c. Discovery. Discovery motions must be focused upon disputed items after
presentation of informal requests. Boilerplate discovery motions are disfavored.
Counsel must meet and confer before filing a motion to compel discovery or other
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discovery related matter in a good faith effort to resolve or narrow the disputed
issues.
d. Pretrial Motions. Unless otherwise ordered, all pretrial motions must be noticed
in writing with a date obtained from the clerk. A description of, and a reliable
time estimate for, any motions must be provided to the clerk. All papers
pertaining to motions must be served and filed in compliance with California Rule
of Court rule 4.111.
e. Motions in Limine. Motions in limine will be set for review and argument the
Wednesday before trial. The defendant(s) and counsel responsible for trying the
case must be present. Pursuant to California Rules of Court rule 4.112, this will
constitute a further trial readiness conference and counsel should be prepared to
discuss any witness problems or scheduling issues. Absent any other order by the
trial judge, all motions in limine must be in writing, filed with the court, and
served on all parties by the close of business on the Tuesday before trial.
(Effective 1/1/20; renumbered 1/1/24; amended 1/1/25)
3.4 Conferences
a. Early Settlement Conferences. For all misdemeanor charges, an early
settlement conference date will be set. At the conference, all counsel who will
participate in the trial must be present and are expected to have discussed the case
among themselves and exchanged offers with a view toward resolving the matter
prior to trial. If the case does not settle at the early settlement conference, counsel
must inform the court of any special needs, interpreters, appointment of counsel
for witnesses, and the estimated time for the hearing.
b. Pre-Preliminary Hearing Conference. For all felony charges, a pre-preliminary
hearing conference date will be set. At the conference, all counsel who will
participate in the preliminary hearing must be present and are expected to have
discussed the case among themselves and exchanged offers with a view toward
resolving the matter prior to preliminary hearing. If the case does not settle at the
pre-preliminary hearing conference, counsel must provide the court with the name
of the attorneys who will conduct the preliminary hearing on behalf of the people
and the defendant.
c. Pretrial Conference. At the time the defendant’s not guilty plea is entered, the
case will be set for pretrial conference at the discretion of the court, generally two
(2) to four (4) weeks before the trial date. If not settled on that date, a further
pretrial and readiness conference will be set one (1) week before trial. Counsel
must confer among themselves, their clients, law enforcement personnel, and any
alleged victims before the pretrial conference in a good faith effort to achieve
resolution of the case without trial.
On cases in which the defendant or witnesses need interpreters, the pretrial
conference shall be held four (4) to six (6) weeks prior to the trial date. If not
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settled on that date, a further pretrial and readiness conference will be set at least
two (2) weeks before trial to allow the court sufficient time to schedule and retain interpreter resources for the trial if the case is not settled.
The conference must be attended by counsel who will try the case, and counsel will be expected to advise the court either that (a) the defendant desires to change his/her plea to one that is acceptable to the People, or that (b) there is no possibility that the case can be disposed of without trial. If the case does not settle, counsel must inform the court of the time estimate for trial and any special requirements, including the need for interpreters that could affect the conduct of the trial.
(Effective 1/1/20; amended 1/1/23; renumbered and amended 1/1/24)
3.5 Preliminary Hearing as Violation of Probation Hearing
At the discretion of the court, and as permitted by law, the preliminary hearing will also constitute a violation of probation hearing for any trailing probation matter.
(Effective 1/1/99; renumbered 7/1/08; amended 1/1/10; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/20; renumbered 1/1/24)
3.6 Verdict Forms, Special Interrogatories, and Jury Instructions
a. Unless otherwise ordered by any pretrial conference order in the case or other
order from the trial judge, verdict forms and special interrogatories must be
submitted no later than 9:00 a.m. on the first day of trial.
b. All requested and proposed jury instructions must be filed the day before the final
trial readiness conference and/or motions in limine conference that is held during
the week before the trial. Supplementary instructions can be submitted and
received by the court at such time and condition as may be just.
(Effective 7/1/19; renumbered 1/1/20; renumbered 1/1/24)
3.7 Sentencing
At sentencing, defense counsel must confirm whether:
a. defendant has received the probation report in a timely fashion,
b. defendant waives arraignment for sentence; and
c. there is any legal reason why judgment should not be pronounced.
Absent a showing of good cause, the court will not consider letters or other written submission which are not served on opposing counsel and lodged with the court by 2:30 p.m. on the day before the hearing.
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A defendant should expect to be remanded to custody at the time set for sentencing if:
d. the defendant failed to make or keep an appointment to be interviewed by the
probation officer; or
e. the court imposes a prison sentence.
(Effective 1/1/99; renumbered 7/1/04; renumbered 7/1/08; renumbered 1/1/19; renumbered & amended 1/1/20; amended 1/1/23; renumbered & amended 1/1/24)
3.8 Community Service/Conversion of Fees and Fines
If authorized by the court and pursuant to Penal Code § 1202.4(n), 1205.3, or other applicable statute, court fees and fines may be converted to community service hours at a rate of two (2) times the California minimum wage per hour. The rate will increase each time the California minimum wage increases in the future.
(Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; amended 1/1/23; amended 1/1/24; amended 7/1/24; renumbered 7/1/26)
3.9 Termination of Criminal Protective Orders Issued
The following procedures have been adopted to address criminal protective orders following plea, trial, dismissal, and the termination, revocation, or expiration of probation:
a. Criminal Protective Orders issued pursuant to Penal Code § 136.2:
1. The judge will direct the District Attorney or counsel for the defendant to
prepare and submit for signature Judicial Council form CR-165 Notice of
Termination of Protective Order in Criminal Proceeding within 30 days of
the court no longer having jurisdiction over the case, including imposition
of a state prison commitment.
2. If the Criminal Protective Order is not addressed in court at the time of
plea, at judgment and sentencing after court or jury trial, or at the time the
charges are dismissed, the clerk will, within 30 days of resolution of the
case, prepare a Notice of Termination and submit to the hearing judge for
signature or to the presiding judge in their absence.
b. Criminal Protective Orders issued pursuant to Penal Code § 1203.097:
1. If probation is ordered revoked and terminated, the judge will direct the
District Attorney or counsel for the defendant to prepare and submit for
signature Judicial Council form CR-165 Notice of Termination of
Protective Order in Criminal Proceeding.
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2. Upon granting of a motion pursuant to Penal Code § 1203.2, the judge will
direct the District Attorney or counsel for the defendant to prepare and
submit for signature Judicial Council form CR-165 Notice of Termination
of Protective Order in Criminal Proceeding within 30 days.
3. If the Criminal Protective Order is not addressed in court at the time of
termination of probation pursuant to Penal Code § 1203.2, the clerk will,
within 30 days of resolution of the case, prepare a Notice of Termination
and submit to the hearing judge for signature or to the presiding judge in
their absence.
c. Criminal Protective Orders issued pursuant to Penal Code § 273.5(j)
1. These orders may be issued for up to 10 years and will remain in effect
whether or not probation is ordered unless specifically addressed
otherwise.
(Effective 7/1/19; renumbered 1/1/20; amended 7/1/22; amended 1/1/23; amended 1/1/24; renumbered 7/1/26)
3.10 Search Warrant
At the time the district attorney files a criminal complaint or information in a case in which a search warrant was previously executed by the district attorney or law enforcement, the district attorney must notify the court to place the search warrant in the criminal file by providing the search warrant number and date signed. If the search warrant is sealed by order of the court, it will be placed in an envelope marked ‘sealed’. If the search warrant is not sealed, it will be made available for public inspection in the case file.
(Effective 1/1/20; amended 1/1/23; renumbered 7/1/26)
3.11 Requests for Adult Probation Records
Pursuant to Penal Code § 1203.10, Mendocino County Probation Department records are court records and are not subject to subpoena duces tecum (See County of Placer v. Superior Court (2005) 130 Cal. App.4th 807). The following procedures have been adopted for parties wanting to request access to Probation Department records.
a. A defendant/probationer or other party to a criminal proceeding may file a
properly noticed motion with the court for the following:
1. requesting access for inspection of any non-confidential records believed
to be in the custody of the Probation Department, or,
2. allowing inspection or access to confidential portions of the probationer’s
file, upon a necessary showing of good cause.
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b. Upon a finding or order from the court authorizing access to or allowing
inspection of records in the custody of the Probation Department, the Probation
Department must make such records available to the defendant/probationer and/or
counsel consistent with the court’s order.
(Effective 7/1/22; amended 1/1/24; renumbered 7/1/26)
3.12 Authorization for Release of Adult Probation Records and Reports by Probation Department
a. The Probation Department is authorized to disclose adult probation reports and
records to the following, referred to as “Requesting Agency:”
1. Peace officers of the State of California, as defined in California Penal
Code § 830.1, 830.2(a) and (d), 830.3(e), 830.3(b), and 830.5;
2. Peace officers as defined by the law of the United States or other states,
territories, or possessions of the United States; and
3. Judges or other judicial officers of all US Federal Courts and all courts of
states, territories, or possessions of the United States.
b. The Probation Department is authorized to make such disclosures subject to the
following terms and conditions:
1. It has received a written request from the Requesting Agency, stating that
record or report is needed for purposes of conducting criminal, pre- or
post-sentence, or pre-trial investigations;
2. It will not disclose medical, mental health, or drug and alcohol treatment
information, except to the extent that the information is contained in the
charges, probation reports, or terms and conditions of probation, all of
which may be released to the Requesting Agency;
3. It will remove or redact all identifying information concerning any person
except the subject of the report or record and/or any public official named
in the report;
4. It will place the following language on each page of the released records:
“CONFIDENTIAL: UNLAWFUL RELEASE OR POSSESSION OF
THIS INFORMATION IS A MISDEMEANOR.”
(Effective 1/1/24; renumbered 7/1/26)
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3.13 Petitions for Dismissal or Charge Reductions Pursuant to Penal Code §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.43, and 1203.49
Following adjudication of a case, a party may request the court to reduce felony charges to misdemeanors and/or dismiss felony or misdemeanor charges by filing Judicial Council form CR-180 Petition for Dismissal. Upon request from the court, the party must provide the court with the party’s criminal history summary obtained from the California Department of Justice.
(Effective 7/1/24; renumbered 7/1/26)
3.14 Documents Pertaining to Arraignment Made Available to the Public Defender Prior to Appointment
To ensure that in-custody defendants have counsel present at their arraignments and to facilitate the opportunity for defendants to have confidential conversations with counsel about the charges alleged in their complaints, the court provides copies of the complaints filed by the District Attorney’s Office and Pre-Sentence Assessment Reports filed by the Probation Department to the Public Defender’s Office before the arraignment hearing.
In the event the Public Defender’s Office is not appointed by the court, the defendant has retained private counsel, or the defendant intends to proceed in pro per, the Public Defender will discard these documents. In such instances, the court may continue the arraignment hearing, and the defendant or defendant’s counsel must obtain copies of these documents from the District Attorney’s Office at the arraignment hearing.
(Effective 7/1/25; renumbered 7/1/26)
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Chapter 4: Family Court Rules
4.1 Scope
Family law matters include all matters related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, and the Domestic Partnership Act. Guardianship proceedings under the Probate Code will be treated as Family Law matters subject to the rules set forth in this chapter. Title IV-D actions heard by the Child Support Commissioner will be treated as Family Law matters subject to the rules set forth in this chapter.
(Effective 1/1/17; renumbered 1/1/19; amended 1/1/24)
4.2 Family Law Case Management
In accordance with California Rules of Court, Rule 5.83, the court actively manages dissolution, legal separation, nullity, parentage, and child custody and support cases to reduce unnecessary delay and expense, encourage active progress in resolving cases, and facilitate early settlement.
a. All new filings submitted pursuant to local rule 1.8 must include local form MFL-
250 Notice of Family Law Case Management Conference and Order to Show
Cause re: Failure to Comply with Service Deadlines with the case name
completed. The clerk will set the required hearing dates and return the form to the
e-filer. For new filings submitted by any non-e-filing means, the clerk will
prepare and deliver local form MFL-250 Notice of Family Law Case
Management Conference and Order to Show Cause re: Failure to Comply with
Service Deadlines to the filing party when the petition is filed.
b. Scheduling of Family Law Case Management Conferences and Order to
Show Cause Hearing:
1. An initial joint Family Law Case Management Conference and an Order
to Show Cause hearing for failure to timely file a proof of service will be
scheduled by the clerk for petitions for dissolution, legal separation,
nullity, parentage, or child custody and support. The court will set the
Order to Show Cause hearing for a date not later than 65-70 days after the
filing date of the petition. The hearing will be vacated upon timely filing
of the required proof of service, or a dismissal of the action, and parties
will not be required to appear.
2. The court will schedule an additional case management conference within
180 days of the filing of a petition. Two subsequent case management
conferences will be scheduled within 180 days of a previous case
management conference. Thereafter, an Order to Show Cause hearing for
failure to timely obtain judgment or otherwise move the case forward will
be set for a date not later than 30 days after the third and final case
management conference. A Case Management Conference or an Order to
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Show Cause hearing will be vacated upon filing of a judgment, a trial
request, or dismissal of the action, and parties will not be required to
appear. The court may impose sanctions for failure to dismiss or
otherwise timely resolve the case.
c. Petitioner Must Serve Notice of Family Law Case Management Conference
and Order to Show Cause: A copy of the completed local form MFL-250 Notice
of Family Law Case Management Conference and Order to Show Cause re:
Failure to Comply with Service Deadlines must be served on the responding party
with the summons and petition. Proof of service must be promptly filed with the
court. The summons, petition, and notice of case management conference must
be served within 60 days of the date the case was filed. The court may impose
sanctions for failure to comply with service deadlines.
d. Family Law Case Status Reports: Each party must file and serve local form
MFL-251 Family Law Case Status Report at least five (5) business days prior to
the family law case management conference. . If this form is filed early, parties
do not need to appear for the case management conference.
e. Appearance at Family Law Case Management Conference: Parties or their
counsel must appear at the family law case management conference, unless the
Family Law Case Status Report has been timely filed. The court will review the
status of the case, discovery issues, settlement options, alternative dispute
resolution, and unresolved issues and may make any orders which it deems
necessary.
(Effective 1/1/17; renumbered 1/1/19; renumbered & amended 7/1/19; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25)
4.3 Requests for Orders
a. Calendaring a Hearing on a Request for Order: Requests for Orders must be
riled on Judicial Council form FL-300 Request for Order/Change/Temporary
Emergency Orders. Requests for Orders regarding custody and visitation of
children, child support, spousal support, property control, and other issues are set
on the law and motion calendar and are limited to 30 minutes. If parties or
counsel believe the matter will exceed 30 minutes, a stipulated continuance for
evidentiary hearing may be filed or the matter may remain on the law and motion
calendar for the purpose of setting and/or requesting temporary orders prior to the
evidentiary hearing.
b. Meet and Confer Requirement: At least five (5) businesses days prior to the
hearing on a Request for Order, parties or their counsel must meet and confer in a
good faith effort to resolve all issues. All documents relevant to the Request for
Order must be exchanged prior to or at the meet and confer session. Failure to
meet and confer may result in the matter being dropped from the calendar or
continued to allow the parties additional time to meet and confer and will be
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considered by the court in connection with any request for award of attorney’s fees or sanctions.
c. Unserved Request for Order: If a Request for Order has not been timely served, the moving party must submit a completed Judicial Council form FL-306 Request to Reschedule Hearing. The court will not hear a Request for Order unless:
1. a proof of service demonstrating timely service has been filed by the
moving party, or
2. the opposing party personally appears and waives any defect in service on
the record in open court.
Even when the opposing party appears, the court will not hear a Request for Order
unless valid proof of service of summons and petition has been filed.
d. Evidence Required for Hearings Involving Financial Issues
1. Income and Expense Declaration: Parties must complete Judicial
Council form FL-150 Income and Expense Declaration with financial
information for the prior three (3) months and must file this declaration
with the court for any hearing involving financial issues, including support
and attorney fees and costs. Supplemental, updated, or responsive Income
and Expense Declarations must be served at least five (5) business days
before the hearing. The gross income of all persons living with the party
must be provided on the Income and Expense Declaration. All cash, funds
on deposit, stocks, bonds, and other assets that can be converted to cash
must be fully disclosed.
All sections of the declaration must be completed. A response of
“unknown” does not meet the requirements of this rule.
2. Disclosure of Income Tax Returns: Parties must provide copies of their
most recently filed state and federal income tax returns. Copies of tax
returns must include all schedules and any supporting W-2s, 1099s, K-1s,
award letters, brokerage reports, rental income agreements, or other
documents used to verify income.
When child, family, or spousal support is requested, a party may require
the opposing party to provide copies of both state and federal income tax
returns pursuant to Family Code § 3552. A request for tax returns must be
made no later than 10:00 a.m. five (5) business days before the hearing.
Copies of the tax returns and supporting schedules must be provided to the
requesting party or counsel the earlier of five (5) business days after the
request or 10:00 a.m. two (2) business days before the hearing and must
not be filed with the court except as provided in Family Code § 3552.
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3. Child and Temporary Spousal Support Guidelines: Using the financial
information provided by the parties, the court calculates guideline child
support (except in Department of Child Support Services enforcement
actions) and temporary spousal support.
4. Deviations from Guideline Child Support or Temporary Spousal
Support: The court may deviate from the calculated guideline support
amount for good cause. If a party contests the amount of support as
calculated under the guideline formula, that party must file a declaration
stating the requested amount of support and the factual and legal bases
justifying the deviation from guideline.
5. Request for Attorney Fees
a. Attorney Declaration: A request for attorney fees or costs
exceeding $2,000 must be accompanied by a declaration
completed by the attorney stating the attorney’s hourly rate, the
amount of fees due and payable, how fees requested were or will
be spent, identification of a source for payment of the fees, and all
facts that may be relevant to the court’s determination of the
reasonableness of the fees.
b. Deferment of Attorney’s Fees and Costs: The court will defer
any decision on attorney’s fee requests and will not review an
attorney’s fee related declarations until all other issues have been
ruled on by the court.
6. Request for Expert Fees: A request for expert fees must be accompanied
by a declaration completed by the expert and include the expert’s hourly
rate, the scope of the expert’s work, and an estimate of the number of
hours required to complete the work.
7. Request for Modification of Prior Support Orders: Declarations
submitted in support of any request for modification of a prior child or
spousal support order must include specific facts demonstrating a change
of circumstances.
e. Continuances
1. Stipulated Continuances: After a Request for Order has been served,
three (3) continuances requested by a party may be obtained by
stipulation.
2. Continuances for Good Cause: Except as provided in paragraph (e)(1), a
request for continuance of a hearing on a Request for Order must be
supported by good cause. An ex parte request to continue a Request for
Orders hearing must be made on Judicial Council form FL-306 Request to
Reschedule Hearing. The party filing an ex parte request to continue a
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Request for Order hearing must follow the notice and filing procedures set
forth in local rule 4.4(c) and 4.4(d).
f. Hearings on Request for Order
1. Personal or Remote Appearance Required: Parties or their counsel
must appear in person or remotely at the hearing on a Request for Order.
Any party who wishes to appear remotely must follow the procedures set
forth in local rules 1.11 and 1.13.
2. Late Appearance: If for any reason an attorney or party is unable to be
present at the time the matter is called for hearing, the party or counsel
must immediately notify the clerk and the opposing party of the delay by
phone.
3. Failure to Appear: Failure of the moving party or their counsel to appear
without notice to the responding party will generally result in the matter
being set for review on a date determined by the court. However, if a
party who has filed a response to a Request for Order regarding custody
and visitation appears and asks to go forward, the court may continue the
matter and assess attorney’s fees to the moving party or enter an order on
the pleading and testimony of the responding party.
(Effective 1/1/17; amended 7/1/18; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26)
4.4 Ex Parte/Emergency Family Law Orders
a. Information concerning general procedures for filing ex parte/emergency order
applications can be found in local rule 1.15.
b. Ex Parte/Emergency Orders Are Disfavored Except Upon Strong Showing of
Potential Harm. The court does not grant ex parte/emergency orders on the
following subjects without a strong factual showing of grave danger, emergency,
or severe detriment to a party or a child prior to the time the issues can be
properly set for a noticed hearing with all parties present and given an opportunity
to be heard:
1. Establishing or modifying child custody and visitation orders
2. Temporary use or possession of personal property
3. Temporary financial orders, including but not limited to temporary spousal
support or child support
4. Removal of one party from the family home
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c. Declarations in Support of Ex Parte/Emergency Orders
1. Declarations must be based upon personal knowledge of the declarant.
The court may decide not to consider the merits of an unsubstantiated
declaration which is based on hearsay and not subject to any recognized
hearsay exception in deciding whether or not to grant ex parte/emergency
relief.
2. Declarations in support of ex parte/emergency relief must specifically
describe the dates of incidents, provide a detailed factual description of
what happened, and identify the specific harm which has been threatened
or has actually occurred. Conclusions, feelings, wishes or fears will not
support a request for ex parte/emergency relief.
3. The court must have accurate, complete information before deciding
whether to issue an ex parte/emergency order. Accordingly, parties and
attorneys must fully disclose relevant facts in preparing declarations in
support of ex parte/emergency orders. Parties must disclose whether the
requested ex parte/emergency order will result in a change in the
current child sharing and custody arrangements, financial support, or
use of personal or real property.
d. Notice to Opposing Party
1. Prior to review of an ex parte application for a court order, a declaration
regarding notice must be completed and filed with the court showing that
the opposing party received notification of the request for ex parte orders
as follows:
a. For an ex parte request for Domestic Violence Restraining Order,
local form MMC-121 Declaration re: Notice upon Ex Parte
Application for Orders must be filed.
b. For a request for temporary emergency court orders (TECO),
Judicial Council form FL-303 Declaration regarding Notice and
Service of Request for Temporary Emergency (Ex Parte) Orders
must be filed.
(Effective 7/1/21; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26)
4.5 Supervised Visitation
The court may order that visitation between a parent and minor children be supervised to ensure the physical security or emotional wellbeing of the children. Supervised visits may be conducted in person or remotely via telephone or video.
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The court may also order a parent to use the services of a professional visitation supervisor who charges a fee for their services. The court may allocate the cost of supervision between the parents at the time of referral for paid supervised visitation.
Any report from a professional visitation supervisor, agency, or program pertaining to ordered supervised visitation must be submitted to the court either via the Court’s Mendocino Court External Partners SharePoint or by filing a written report with the clerk’s office.
(Effective 7/1/21; renumbered 1/1/23; renumbered & amended 1/1/24; amended 7/1/24; amended 7/1/25)
4.6 Child Custody and Visitation
a. Mediation
1. Participation in Mediation Is Required: Parties must attend mediation
before hearings or trial when proceedings involve contested issues
regarding child custody or visitation. Mediation sessions occur in person,
by telephone, or by video. Failure to attend a scheduled mediation without
good cause may result in sanctions against the party who fails to attend,
which may include, but are not limited to, monetary sanctions, denial of
relief sought, dismissal of Request for Order, entry of substantive orders,
or contempt.
2. Appearance for Mediation. Parties must complete and return local form
MFL-230 Family Mediation Intake Form by email or in person prior to the
mediation session. Parties must follow the procedures set forth in local
rules 1.11 if appearing remotely by video or phone at mediation.
3. Non-Recommending Confidential Mediation: Mediation sessions are
confidential. The mediator conducting a confidential mediation will not
make a report or recommendation to the court regarding the child sharing
arrangements for the children. The mediator may make notifications to
the court and other agencies as follows:
a. Child at Risk: As a mandated reporter, the mediator will make a
report to Child Protective Services if the mediator believes that a
child is at risk of abuse, neglect, or exploitation.
b. Threats of Death or Bodily Injury: The mediator will report to
law enforcement threats of death or great bodily harm made to a
party, any other person, or the mediator.
c. Minor’s Counsel: The mediator may request that the court
consider appointing counsel to represent the child(ren).
4. Children May Not Participate in Mediation Without Prior
Authorization: A child who is old enough to express a meaningful
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preference about custody or visitation may participate in mediation with
the consent of all parties and prior authorization of the mediator. Parties
must not bring a child to court with the expectation that the child will be
allowed to participate in mediation prior to obtaining the consent of the
other party and the mediator.
5. Mediator May Not be a Witness: The mediator may not be called as a
witness at any court hearing regarding any matter discussed during
confidential mediation.
6. Parties Do Not Reach Agreement: If the parties do not reach agreement
on some or all the issues presented at mediation, the mediator will
schedule a court hearing date and notify parties and their counsel.
7. Ex Parte Communication: With the exception of scheduling
appointments and as provided in Family Code § 216, there must be no ex
parte communication between the parties or their counsel (including
minor’s counsel) and the mediator. Copies of relevant documents must be
provided to the other party or their counsel at the same time they are
provided to the mediator.
8. Spanish Mediation: The court provides mediation in Spanish by
appointment.
9. Interpreters: For languages other than Spanish, the court will attempt to
obtain the services of a certified or registered interpreter for mediation if
required by one or more of the parties. If a certified or registered
interpreter is not available, a neutral person fluent in English and the
party’s native language may be provisionally qualified by the judge
pursuant to California Rules of Court rule 2.893 to interpret for the party
in mediation after signing a confidentiality agreement. In no case may a
child of the parties serve as an interpreter.
b. Co-Parenting Workshop: The court requires each parent to attend a co-parenting workshop in a dissolution, legal separation or nullity case involving children, an action to determine parentage, or to establish and/or modify custody and visitation.
A list of approved classes is available from the mediator.
Parties should complete their co-parenting workshop as soon as possible and
submit a certificate of completion to the court. If in-person classes are offered, parties will not participate in the same class. The completion of or failure to complete the workshop will be considered in any custody/visitation hearings.
c. Appointment of Counsel for the Child
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1. Generally: The court may appoint counsel to represent the best interests
of the child pursuant to Family Code § 3151.
2. Compensation of Counsel: When appointed, counsel will receive a
reasonable sum for compensation and expenses. Compensation and
expenses will be determined by the court and paid by the parents
proportionally as determined by the court or by the court pursuant to
Family Code § 3153. Counsel must comply with the billing procedures
set forth in local rule 1.42.
3. Complaints: A parent’s complaints about court-appointed counsel for a
child must be made in writing to the family law judge and provided to all
parties. The court will determine what action, if any, to take, including
whether the complaint should be referred to the appropriate professional
licensing board. The court will explain its decision in a written ruling or
on the record in open court. If a child complains about his or her court-
appointed attorney, the court may follow the procedures set forth above or
hold a confidential hearing.
d. Child’s Participation in Custody Proceedings
1. Court to Determine Nature of Child’s Participation Prior to Custody
Proceeding: The court will determine whether participation in a custody
proceeding is in a child’s best interest and how the child’s input will be
received (Family Code § 3042 and California Rules of Court rule 5.250).
Accordingly:
a. No party or their counsel, including court-appointed counsel for a
child, will bring a child to court with the expectation that the child
will participate in a custody proceeding unless the court has
previously entered an oral or written order authorizing the child’s
participation.
b. Parties or their counsel who have information that a child wishes to
address the court must inform the court and all other parties at the
earliest opportunity.
c. A mediator who has information that a child wishes to address the
court must promptly inform the court and provide notice to all
parties or their counsel.
2. Procedure for Obtaining Court Order Regarding Child’s
Participation in Custody Proceeding. Parties or their counsel may
request a court order regarding a child’s participation in a custody
proceeding by any of the following methods:
a. If the child is at least 14 years of age:
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i. The child or child’s counsel may ask the judge in open
court or in writing for an opportunity to address the court
regarding custody and visitation issues. If the request is in
writing and has not been served on all parties, the court
must ensure that the written request is served on the parties
or their counsel and that the parties have an opportunity to
respond before ruling on the child’s request.
ii. The parties may submit a stipulation signed by all parties or
their counsel, including the child or child’s counsel, setting
forth how the child will participate in the custody
proceeding and requesting that the court adopt the
stipulation as the court order. The court may set a hearing
to determine if the stipulation is in the child’s best interest.
b. If the child is under 14 years of age:
i. The parties may submit a stipulation signed by all parties or
their counsel, including the child’s counsel, setting forth
how the child will participate in the custody proceedings
and requesting that the court adopt the stipulation as the
court order. The court may set a hearing to determine if the
stipulation is in the child’s best interest.
ii. Parties or their counsel may file a noticed Request for
Order to determine whether a child may participate in a
custody proceeding and in what manner the child will
participate.
iii. At the time a custody matter is set for a trial or an
evidentiary hearing, parties or their counsel may make an
oral motion requesting a child participate in the trial or
evidentiary hearing.
Evidentiary Issues
a. If the court decides that a child may be called as a witness in a
custody proceeding, the court must rule upon the issues set forth in
California Rules of Court rule 5.250(d).b. If the parties stipulate or the court orders that a child’s input may
be received by way of a child interview (California Rules of Court
Rule 5 — 250(e)), the stipulation and order will provide that the court¶
rule 5.250(e)), the stipulation and order will provide that the court may receive in evidence a written summary of the child interview or hear the testimony of the professional who conducted the child interview, including statements made by the child during the
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interview. All other objections to the written summary or testimony are preserved by the court.
(Effective 1/1/17; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; amended 1/1/22; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 1/1/25; amended 7/1/25; amended 7/1/26)
4.7 Default or Uncontested Judgments
a. By Affidavit or Declaration: To obtain a Judgment of Dissolution or Legal
Separation by Declaration (non-appearance), the following completed forms must
be submitted to the court:
1. Judicial Council form FL-170 Declaration for Default or Uncontested
Dissolution or Legal Separation, signed by one of the parties. In the
absence of an agreement between the parties, the relief sought in the
declaration must agree with relief sought in the petition and must include
information about public assistance received by either party.
2. Judicial Council form FL-150 Current Income and Expense Declaration if
support is to be ordered, there are minor children and child support is not
reserved, or the marriage has existed for 10 years or more, unless parties
have otherwise agreed in a Marital Settlement Agreement or stipulation.
3. Judicial Council form FL-165 Request to Enter Default or Judicial Council
form FL-130 Appearance, Stipulations and Waivers, whichever applies.
4. Judicial Council form FL-180 Judgment.
5. Judicial Council form FL-190 Notice of Entry of Judgment.
b. Acknowledgment of Receipt of Proof of Service: No default will be entered
without filing Judicial Council form FL-115 Proof of Service of Summons with
the court. Unless the court orders otherwise, a default will not be entered based
on a Judicial Council form FL-117 Notice and Acknowledgment of Receipt
signed by a person other than the party to whom it is directed or their counsel.
c. Child Support, Spousal Support, or Attorney Fees Awards: No award of child
support, spousal support, or attorney fees will be granted unless there is an
attached written agreement between the parties settling those issues, or sufficient
information on which the court may calculate the amount of support for an order,
including a fully completed and executed Judicial Council form FL-150 Income
and Expense Declaration with information on both parties where available and a
support calculation, if applicable. If either party is receiving public assistance, the
signature of an attorney in the Department of Child Support Services consenting
to the child support provision must be included with the proposed judgment.
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d. Community and/or Separate Property and Debts: No division of community
property (assets or debts) or confirmation of separate property will be ordered
unless there is an attached written agreement between the parties settling those
issues or a completed Judicial Council Form FL-160 Property Declaration
attached to a Judicial Council form FL-165 Request to Enter Default and served
on the opposing party prior to or at the time the default is entered.
e. Custody and Visitation: A declaration under penalty of perjury must be
submitted with the judgment if supervised visitation or denial of visitation is
requested unless a written agreement of the parties concerning custody and
visitation is submitted with the judgment. The declaration must be mailed to the
defaulting party with a Judicial Council form FL-165 Request to Enter Default,
and proof of mailing must be filed with the court. The declaration must include
the following:
1. Where a party is seeking to deny visitation between the child and the
defaulting party: The specific reasons visitation should be denied; the
date the last visitation between the child and the defaulting party occurred;
and the defaulting party’s address or a statement that the whereabouts of
the defaulting party is unknown.
2. Where a party is seeking supervised visitation between a child and the
defaulting party: The reasons such visitation should be supervised; when
and where supervised visitation should occur; the name and address of the
person or agency to perform the supervision; and the method by which the
supervisor is to be compensated.
3. Other information: The date the parties separated, the identity of the
primary caretaker of the child during the six (6) months prior to
separation, and the extent of contact between the child and the non-
caretaker parent during that time.
f. If the court requires additional information to enter a default or uncontested
judgment, the party or parties will receive notice of the date and time to appear for
the hearing.
(Effective 1/1/17; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/23; renumbered & amended 1/1/24)
4.8 Bifurcation of Matters
In dissolution, legal separation, and establishment of parental relationship matters filed with the court where there may be child support, health insurance, custody, or visitation issues, the court may bifurcate the child-related orders and rulings from other family law issues so that the parties can seek judgment of dissolution, legal separation, or parentage while the court retains jurisdiction over the issues involving child support, custody and visitation. The court may also bifurcate issues pertaining to spousal support, valuation of assets, division of property and debts, attorney’s fees and costs, and other issues specific to the underlying family law case. As
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authorized in California Code of Civil Procedures section 583.161(d) and Family Code section 2337(a), the court may sever and grant an early and separate trial on the issue of dissolution and legal separation apart from other issues, including those related to minor children. The court may grant entry of judgment of dissolution or legal separation and shall expressly reserve jurisdiction for later determination all other pending issues.
(Effective 7/1/26)
4.9 Family Law Trials
a. Trial Setting: At any time after a response to the petition has been filed, either
party or their counsel may request that a trial date be set by filing local form
MFL-143 Request for Trial – Family Law or by orally requesting a trial date at
any family law case management conference.
b. Settlement Conferences: Pursuant to California Rules of Court rule 3.1380 and
depending on the availability of a judicial officer or a family law attorney to act as
settlement conference official, on a case by case basis, a settlement conference
may be set at the discretion of the family law judge or at the request of the parties.
Settlement conferences must be conducted in compliance with local rule 4.10.
c. Parties to Exchange Information and Trial Briefs Prior to Trial: Parties must
exchange evidentiary documents that will be presented at trial, motions in limine,
trial briefs, and other documents expected to be used at trial in accordance with
local rules 2.1 through 2.6.
d. Continuances: Continuances of family law trials are governed by local rule 4.3.
(Effective 1/1/17; amended 7/1/18; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26)
4.10 Settlement Conferences
a. Settlement Conference Statements
1. Time for Lodging and Service. At least five (5) calendar days before the
settlement conference, each party must prepare, lodge with the court, and
serve on the other party, a Settlement Conference Statement as set forth
below. Service by mail requires an additional five (5) calendar days’
notice.
2. Contents
a. Income and Expenses: In all cases where support or attorney fees
are at issue, a current Judicial Council Form FL-150 Income and
Expense Declaration must be prepared, signed, and dated. All
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income and other financial information as required by local rule
4.3(d) must be attached.
b. Assets and Liabilities: In all cases where property issues
(characterization, division, and/or valuation) are unresolved, each
party must prepare a comprehensive inventory of all assets (real
and personal) and liabilities claimed as community property and/or
community debt on Judicial Council form FL-142 Schedule of
Assets and Debts. Parties must include a proposal for the division
of property and assets.
In all cases where the characterization of real or personal property
of the parties (whether community or separate) or reimbursement
for contributions to the community from a separate property source
is at issue, the parties must set forth all facts upon which their
claims are based and cite appropriate legal authorities for each of
those claims.
c. Child and Spousal Support: Parties must specify their positions
regarding the amount of child support and/or amount and duration
of spousal support. Calculations showing guideline child support
must be included. If any child is a recipient of public assistance,
and the Department of Child Support Services is the assignee of
the support, the statement must show that the Department of Child
Support Services has been notified of the time and date of the
Settlement Conference and has been provided copies of all
pertinent, current financial documents (i.e. Income and Expense
Declarations, support calculations, etc.).
d. Attorney Fees, Accountant Fees, Expert Fees, and Costs:
Parties must include their positions regarding requests for attorney
and accountant fees, other expert fees, and court costs. Such
requests must be supported by adequate documentation.
(Effective 1/1/17; renumbered & amended 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/23; amended 7/1/23; renumbered & amended 1/1/24; amended 7/1/25; renumbered 7/1/26)
4.11 Mandatory Requirements for Child Support Matters
a. Required documents. Parties or their counsel must complete and file a signed
Judicial Council form FL-150 Income and Expense Declaration at the time of
filing a motion to modify child support or a request for attorney’s fees and costs.
Parties or their counsel must complete and file a signed Judicial Council form FL- 150 Income and Expense Declaration at the time of filing an Answer or Response motion to modify child support or a request for attorney’s fees and costs.
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Failure to submit the required Income and Expense Declaration may result in the
pleading being rejected for filing or may cause a hearing to be continued until
such time as the required information is filed.
b. Meet and Confer. If the Department of Child Support Services is the assignee of
the support, parties or their counsel must meet and confer with the Department of
Child Support Services in a good faith effort to resolve all issues prior to the
hearing on the request for order.
All documents relevant to the request for order must be exchanged prior to, or at
the beginning of, the meet and confer session.
Failure to meet and confer may result in the matter being continued to another
hearing date to allow parties additional time to meet and confer. Failure on the
part of either party will be considered by the court in connection with any request
for an award of attorney’s fees and costs or sanctions.
c. Department of Child Support Services. The Department of Child Support
Services is exempt from this requirement unless it is practicable for the
Department to have a party complete and sign the Income and Expense
Declaration form. However, the Department is required to include a completed
Income and Expense Declaration if the Department is filing a request for order,
answer or response pertaining to a modification of child support or demand for
attorney’s fees and costs on behalf of a self-represented party.
(Effective 1/1/25; amended 7/1/25; renumbered 7/1/26)
4.12 Electronic Service/Notification (CCP § 1010.6)
d. Mandatory Electronic Service / Notification: Except for documents requiring
service by registered or certified mail, the court will electronically serve all
documents issued by the court on all parties subject to mandatory e-filing
pursuant to Local Rule 1.8 and any party bound by court order to use electronic
service.
Unrepresented parties may consent to electronic service of documents issued by
the court by filing Judicial Council form EFS-005-CV Consent to Electronic
Service and Notice of Electronic Service Address with the court.
e. Provide and Maintain Updated E-Mail Address:
A party subject to mandatory electronic service, or a self-represented party who
has consented to electronic service, is required to provide the court with an
accurate e-mail address. Parties who provide more than one e-mail address are
required to designate one address as the primary address to which documents will
be sent. It is the responsibility of the parties to keep the court informed of any
change to e-mail addresses.
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f. Request for Exemption from Electronic Service or Withdrawal of Consent to
Electronic Service:
Parties subject to mandatory electronic service may request an exemption from
electronic service by filing Judicial Council form EFS-007 Request for Exemption
from Mandatory Electronic Filing and Service and lodging Judicial Council form
EFS-008 Order of Exemption from Electronic Filing and Service.
A self-represented party must file Judicial Council form EFS-006 Withdrawal of
Consent to Electronic Service to withdraw consent to electronic service.
(Effective 1/1/25; amended 7/1/25; renumbered & amended 7/1/26)
4.13 Family Law Facilitator Complaint Procedure
Complaints regarding services provided by the Family Law Facilitator must be in writing using local form MFL-270 Client Complaint Form and submitted to the Court Executive Officer. The Court Executive Officer or designee will investigate such complaints and respond in writing to the complainant within 30 days. The court’s findings and decision, which will be final.
(Effective 7/1/19; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
4.14 Family Law Facilitator Disqualification Procedure
Family Law Facilitators must disqualify themselves from assisting parties if they deem that they are biased against one or more parties in a family law matter. The court will contact neighboring courts to seek assistance from a Family Law Facilitator on behalf of the parties.
(Effective 7/1/19; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26)
4.15 Family Law Mediator Complaint Procedure
A party or their counsel wishing to lodge a complaint about a mediator must complete local form MFL-270 Client Complaint Form and submit it to the Court Executive Officer at the earliest opportunity. The Court Executive Officer or designee will investigate the complaint which will include consultation with the mediator. Within 30 days of receiving the complaint, the complainant will be informed in writing of the court’s findings and decision, which will be final.
(Effective 1/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
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Chapter 5: Juvenile Court Rules
These local rules are intended to supplement State statutes which are principally found in the Welfare & Institutions Code. In addition, they supplement the California Rules of Court relating to juvenile court matters (see California Rules of Court rules 5.501-5.830) (Effective 1/1/99; amended 7/1/05; renumbered & amended 1/1/07).
To the extent that any of these rules conflict with either State statute or California Rules of Court, the local rule is of no legal effect.
These rules cover juvenile court law, but not juvenile traffic hearings or traffic hearing appeals. (Amended 1/1/22)
5.1 Judicial Administration
There will be one presiding judge of the juvenile court who will be selected by the presiding judge of the court.
(Effective 1/1/99; renumbered 1/1/19; amended 1/1/23)
5.2 Noticed Motions and Requests to Place Matter on Calendar
All motions for substantive relief must be filed in accordance with CCP §1005 and California Rules of Court rule 3.1300. No noticed motion will be accepted by the clerk for filing unless it is accompanied by a proof of service.
Counsel for any party or any tribal representative can file a request to place a matter of a less formal nature on the court’s calendar. No request to place a matter on calendar, except a request to set a detention hearing, will be accepted by the clerk or placed on calendar, unless the request is submitted in writing before 3:30 p.m. and not less than five (5) business days before the hearing and is accompanied by a proof of service. Any request submitted less than five (5) business days before the requested hearing date, other than a request for a detention hearing, must be accompanied by an order shortening time with a declaration setting forth the need for an order shortening time. All requests with an order shortening time will be filed at the clerk’s window.
Any request filed after 3:30 p.m. will be deemed late and will not be accepted for filing. Exceptions to the five business day rule include:
a. Motion to Continue (W&I § 682). The Motion to Continue must be filed and
served on all parties at least two (2) business days before the hearing parties are
seeking to continue. Any motion filed without notice to opposing counsel,
probation, and minor will not be accepted for filing.
(Effective 1/1/99; amended 7/1/04; renumbered 1/1/19; amended 1/1/23; amended 1/1/24; amended 1/1/25)
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5.3 Pre-hearing Discovery
a. Timely Disclosure of Informal Discovery: Pre-hearing discovery will be
conducted informally. Except as protected by privilege, all relevant material must
be disclosed in a timely fashion to all parties to the litigation, In re Jose Z. (1970)
3 Cal.3d 797, California Rules of Court rule 3.850.
b. Pre-hearing discovery in delinquency matters will be conducted in accordance
with Penal Code § 1054 et seq. and California Rules of Court rule 5.546.
c. Discovery Motions: Only after all informal means have been exhausted may a
party petition the court for discovery. Any noticed motion must state the
relevancy and materiality of the information sought and the reasons why informal
discovery was not adequate to secure that information. The motion must be
served on all parties at least five (5) business days before the hearing date. The
date for the hearing will be obtained from the clerk. Any responsive papers must
be filed and served two (2) business days prior to the hearing.
d. Civil Discovery: There will be no depositions, interrogatories, subpoenas of
juvenile records or other similar types of civil discovery without approval of the
juvenile court judge upon noticed motion.
e. Requests for Transcripts: Requests for transcripts in any juvenile case must be
submitted on local form MJV-300 Request for Special Transcript and Order and
in accordance with local rule 5.22.
(Effective1/1/99; amended 7/1/04; renumbered 1/1/07; amended 1/1/07; renumbered 1/1/10; amended 1/1/17; amended 1/1/18; renumbered & amended 1/1/19; amended 1/1/23; amended 1/1/25)
5.4 Ex Parte Orders
a. Application for Ex Parte Order; Declaration: An ex parte order will be issued
only if the application is accompanied by a declaration adequate to support its
issuance. Ordinarily, an ex parte order will not be issued unless one of the
following conditions exist:
1. Notice was given to all counsel, social workers, probation officers, child
advocates, and parents who are not represented by counsel so that party
might oppose the application.
2. It clearly appears in the declaration that giving notice would frustrate the
purpose of the proposed order.
3. The applicant or the child would suffer an irreparable injury before the
other parties could be heard in opposition.
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4. It appears by declaration that no significant burden or inconvenience will
result to the adverse parties.
b. The party requesting the ex parte order must apply to the clerk for a time to
submit the request.
c. The party requesting the ex parte orders must inform the judge that notice has
been given by submitting local form MMC-121 Declaration Re Notice of Ex Parte
Application for Orders. The Declaration must state the names of the persons to
whom notice was given, the manner of giving notice, that the persons were given
a copy of the application or notice of its content, and the time that the matter
would be submitted to the court, and if notice was not given to any person entitled
thereto, the reason that such notice was not given. The original declaration and
accompanying Application for Order must be submitted to the court clerk in the
juvenile department where the matter would normally be heard.
(Effective 1/1/99; amended 7/1/07; renumbered 1/1/19; amended 1/1/23)
5.5 Attendance at Hearings (California Rules of Court rule 1610)
a. Unless excused by the court, each party and attorney must attend each scheduled
juvenile court hearing.
b. All children are entitled to attend court hearings. Every child four (4) years or
older must be told of his or her right to attend court hearings by his or her attorney
and his or her probation officer/social worker. If the child is present, the judicial
officer hearing the case may view and speak with the child.
(Effective 1/1/99; amended 7/1/05; renumbered 1/1/19)
5.6 Pretrial Conference (No Statute) (No Court Rule)
Pretrial Conferences may be held prior to any contested hearing, unless deemed unnecessary by the judicial officer setting the hearing.
(Effective 1/1/199; amended 7/1/04; renumbered 1/1/19; amended 1/1/24)
5.7 Access to Courtroom by Non-Parties (W&I §§ 345, 346, 676)
Unless specifically permitted by statute, juvenile court proceedings are confidential and will not be open to the public.
The court encourages interested persons to attend juvenile proceedings to better understand the workings of the juvenile court. The court retains the discretion to determine in each case whether an interested party may remain in the courtroom.
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The court or its agent will remind each such nonparty that the name(s) of parties or identifying information from any case are confidential and should not be repeated to anyone outside of the court.
(Effective 1/1/99; amended 7/1/04; renumbered 1/1/19; amended 1/1/23)
5.8 Informal Exchange of Juvenile Records
a. Juvenile records include those records described in California Rules of Court rule
5.552, all records maintained by the juvenile division of the Mendocino County
Probation Department (“Probation”), and the Family & Children’s Services
Division of the Mendocino County Health & Human Services Agency, even if the
Departments’ contacts with a child or the child’s family are informal and juvenile
court proceedings are not instituted. (T.N.G. vs. Superior Court (1971) 4C.3d
767, 780-781)
b. Except as provided in subsection (c), all requests for inspection and disclosure of
juvenile records will be governed by the procedures set forth in W&I § 827,
California Rules of Court rule 5.552, and this local rule.
c. Notwithstanding the policy that juvenile records should remain confidential, the
law recognizes that it is in the best interest of children that exceptions to
confidentiality be made so that persons investigating or working with children and
their families may obtain complete, prompt, and accurate information concerning
the child and the family (See, e.g., W&I § 827(a)(1)(J), (K))
Limited and informal disclosure of relevant juvenile records by Probation and
Family & Children’s Services to the agencies, individuals, and organizations that
work with, treat, or make recommendations regarding children and their families
(listed below) on a “need to know” basis benefits children and their families by
avoiding duplication of investigative efforts. This process benefits the court by
ensuring that agencies, individuals, and organizations that work with children and
families have prompt access to all information which may be relevant in
determining what is in a child’s best interest. The public interest in achieving
these goals outweighs the confidentiality interests reflected in W&I §§ 827 and
10850, et. seq., and establishes good cause for this rule.
1. Family & Children’s Services and Probation may provide verbal
information regarding, allow inspection of, or provide copies of, relevant
juvenile records to the following agencies, persons, and organizations on
an “as needed” basis:
a. Probation
b. Family & Children’s Services
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c. Facilitators of Family & Children’s Services parenting programs, including but not limited to, the Intake Support Group and the Family Empowerment Group
d. Mendocino County Behavioral Health & Recovery Services, or any private psychologist, psychiatrist, or mental health professional ordered by the juvenile court to examine or treat any child, their parent, or their guardian who falls within the jurisdiction of the juvenile court
e. Foster Family Agencies
f. Any hospital where a child is an inpatient for psychiatric reasons, for the purpose of treatment or discharge planning
g. Redwood Coast Regional Center
h. Any sexual abuse treatment program or victims’ group to which a child or his or her parent or guardian is referred for treatment by the juvenile court
i. Any substance abuse treatment provider, including but not limited to the Mendocino County Alcohol and Other Drugs Program (AODP), to which a child, their parent, or their guardian is referred to for treatment by the juvenile court
j. Victim/Witness coordinators for the State of California Victims of Crime Programs
k. Any domestic violence and/or anger management treatment program to which a child, their parent, or their guardian is referred to for treatment by the juvenile court
l. The designated trial representative or the Indian Child Welfare Worker for any federally recognized Native American Indian tribes located in Mendocino County
m. A judge or commissioner assigned to a family law case with issues concerning custody or visitation
n. The family court mediator or court-appointed evaluator conducting an assessment or evaluation of child custody, visitation, or guardianship for the family or juvenile court
o. The Mendocino County Victim Offender Reconciliation Program (VORP)
p. Probate Court Investigator
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d. Any disclosure or exchange of information authorized by subsection (c) of this
rule is subject to the following conditions:
1. A request for information exchange of juvenile records must be submitted
on local form MJV-102 Declaration: Information Exchange of Juvenile
Records in accordance with W&I § 827 and the California Rules of Court
Rule 5.552 — 2. Before releasing the requested records, Probation and Family & Children’s¶
rule 5.552
2. Before releasing the requested records, Probation and Family & Children’s
Services must establish to the agency’s satisfaction that the party
requesting the juvenile records is a member of an agency or organization,
described in subsection (c) of this rule or an individual authorized to
receive the information
3. Information identifying the reporting party or source of referral must be
redacted prior to disclosure of juvenile records and must remain
confidential in accordance with Penal Code §§ 11167, 11167.5
4. If an agency, person, or organization which has received juvenile records
pursuant to this rule desires to disclose the information to a third party, it
must make a written application to the juvenile court for permission to
disclose such information pursuant to W&I § 827 and California Rules of
Court rule 5.552
5. Juvenile records obtained pursuant to this rule will be used exclusively in
the investigation and/or treatment conducted by the agency, organization,
or person described in subsection (c), and in any juvenile or family court
proceedings following the investigation or treatment
6. Nothing in this rule is intended to limit any disclosure of information by
an agency which is otherwise required or permitted by law
e. If Probation or Family & Children’s Services receive a request for disclosure of
juvenile records which it deems to fall outside the scope of informal disclosure
authorized by this rule, the agency must deny the request and refer the requesting
party to the provisions of W&I § 827, California Rules of Court rule 5.552, and
this local rule.
(Effective 1/1/99; renamed & amended 7/1/05; amended 1/1/07; renumbered 1/1/10; amended 7/1/18; renumbered & amended 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; amended 7/1/24)
5.9 Release of Juvenile Records by Family & Children’s Services/Mendocino County Health & Human Services Agency
W&I § 827 limits the inspection and copying of any documents or records contained in a child welfare agency case file to certain authorized individuals unless otherwise ordered by the court.
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W&I § 830 permits members of a multidisciplinary personnel team engaged in the prevention, identification, management, or treatment of child abuse or neglect to disclose and exchange information and writings relating to any incidents of child abuse that may also be part of a juvenile court record or otherwise designated as confidential under state law with one another if the member of the team having that information or writing believes it is generally relevant to the prevention, identification, management, treatment of child abuse, or the provision of child welfare services.
Family & Children’s Services is contracted with providers listed in subsection (a) who are engaged in the prevention, identification, management, and treatment of child abuse or neglect and who participate in multidisciplinary teams that receive and discuss referrals. Family & Children’s Services has contracted with a professional agency which requires the review of records listed in subsection (b) for the purpose of providing feedback, coaching and education, and to facilitate the coaching and training of social workers in forensic interviewing.
a. Family & Children’s Services are authorized to provide copies of relevant
juvenile records to the following agencies:
1. Differential Response
2. Center for Innovation and Resources, Inc.
b. Records which may be produced include, but are not limited to, the following:
1. Structured Decision-Making Safety Assessment form(s)
2. Safety Plans
3. Structured Decision-Making Family Strengths & Needs Assessment(s)
4. Family & Children’s Services Family Team Mapping Notes
5. Family & Children’s Services Case Plan(s)
c. Any disclosure or exchange of information authorized by subsection (b) of this
rule will be subject to the following conditions:
1. Receiving agencies may not disseminate any documents or information
relating to the context of the child welfare agency records to any persons
or agencies other than those persons or agencies listed in subsection (a) of
this rule.
2. Written authorization to release information has been obtained from the
parent or legal guardian of the child(ren) for whom the child welfare
services records will be released
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3. The following language must be placed on each page of the released
records: CONFIDENTIAL: UNLAWFUL RELEASE OR
POSSESSION OF THIS INFORMATION IS A MISDEMEANOR”.
(Effective 7/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23)
5.10 Medical Issues
a. Order Permitting Health Assessments, and Treatment of Temporarily
Detained Minors: (Subdivision (a) as amended eff. 7/1/05.)
In order that children detained by the Probation, Health & Human Services
Agency, Family & Children’s Services temporary holding facilities (i.e.,
Children’s Shelter, Juvenile Hall, Juvenile Rehabilitation Facilities, Emergency
Foster Homes, and alternative shelter programs) receive necessary care of their
physical and mental health and do not endanger the health and welfare of other
persons in these facilities, the Mendocino County Community Clinic, and/or the
Mendocino County Department of Behavioral Health & Recovery Services,
Mental Health Facility are hereby authorized to provide the following services to
all such juveniles outlined in the “Statement of Committee on Adolescence of the
American Academy of Pediatrics, Health Care for Children and Adolescence in
Detention Centers, Jails, Lock-ups, and other Court Sponsored Residential
Facilities”:
1. A comprehensive health assessment and physical examination.
2. Any clinical laboratory tests the physician determines are necessary for the
evaluation of the child’s health status.
3. Upon consent of the adolescent, sexually active adolescents may be
screened for venereal disease. Contraceptive devices may be furnished to
any juvenile upon the minor’s request.
4. Any immunization necessary to bring a child’s immunization up to date, if
immunization records are unavailable, any immunizations recommended
by the American Academy of Pediatrics for that child’s age.
5. Any routine medical care required based on the results of the
comprehensive health assessment, and any routine medical care required
for the care of illness and injury, including the use of standard x-rays.
Routine medical care as referred to above includes: (Subdivision 5(a), (b)
and (c) repealed 7/1/05)
6. A mental health status evaluation and necessary mental health services
except no placement in an inpatient psychiatric facility will occur without
compliance with W&I §§ 319.1, 635.1 and 5150 et seq.
7. A dental assessment, including x-rays when appropriate, and any routine
dental treatment required based on the results of the dental assessment.
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b. All reasonable efforts should be made to obtain the consent of the parent or legal
guardian for non-routine medical care while the child is temporarily detained or
placed out-of-home at the time of admission to the temporary holding facility. In
the event said consent cannot be obtained (e.g. parent or guardian is not available
to given consent), the social worker or probation officer must request a court
order for any non-routine health care. (Subdivision (b) effective 7/1/04)
c. Authorization for Use of Psychotropic Medication (W&I § 369.5): All
requests for authorization for use of psychotropic medication for children who are
wards or dependents of the juvenile court must be on Judicial Council form JV-
220 Application for Psychotropic Medication and comply in all respects with
W&I § 369.5.
(Effective 1/1/99; amended 7/1/05; renumbered 1/1/10; amended 7/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23)
5.11 Inspection of Law Enforcement Holding Facilities
Pursuant to W&I § 209 the juvenile court judge or the Juvenile Justice Commission must conduct an annual inspection of the Juvenile Hall and all law enforcement facilities in Mendocino County, which contain a lockup for adults which, in the preceding year, was used for the secure detention of a minor.
(Effective 1/1/99; renamed & amended 7/1/04; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22)
5.12 Motion to Challenge Legal Sufficiency of Dependency Petition
In any dependency proceeding, the court may entertain a legal challenge to the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be made in writing or orally but must be made as early in the proceedings as possible.
The court may rule on the motion at the hearing at which it is made or may continue the hearing on the motion to another date in order to receive points and authorities from counsel.
If the court sustains the motion, the court may grant leave to amend the pleadings in the petition upon any terms as may be just and will fix the time within which the amendment or amended petition must be filed within the statutory time for the hearing on jurisdiction. In re Fred J (1979) 89 Cal.App.3d 168; Code of Civil Procedure § 472(a).
(Effective 1/1/99; renamed & amended 7/1/04; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22)
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5.13 Paternity Findings (California Rules of Court Rule 3.822)
a. Determination of Issue (W&I § 726.5): The issue of the paternity of a child may
be determined in the context of a juvenile court proceeding. (Subdivision (a)
amended 7/1/04)
b. Necessary Court Measures: If a person claims to be the natural/biological father
of a child who is the subject of juvenile court proceedings, the court may take
such measures as are necessary to make a paternity finding.
c. Right to Counsel/Legal Responsibilities: The court must inform the mother and
the person claiming to be father of their right to be separately represented by
counsel on the issue of parentage in any parentage proceeding arising under this
rule. The court must advise the person claiming to be father of his legal
responsibilities should he be found to be the natural father of the minor, including
the obligation to pay child support and the possibility he may be incarcerated if he
willfully fails to pay child support after being legally ordered to do so.
d. Evidence or Testimony: The court will permit such evidence to be taken as
necessary to determine the paternity of the child. Testimony from the mother and
the person claiming to be the natural father may be sufficient to make a paternity
finding. If the mother or the person claiming to be father is absent from the court
proceeding, evidence in addition to testimony from those in attendance will
normally be necessary to enable the court to make a paternity finding.
e. Scientific Testing: The court may order blood or other scientific tests if it
believes such tests will assist in making a paternity finding. The court will
determine which party or parties must pay for any such test.
f. Release of Findings/Need to Know: Any paternity finding must be noted in the
clerk’s minutes and will be available to any person or agency having a need to
know upon request.
(Effective 1/1/99; renumbered & amended 1/1/07; amended 1/1/09; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23)
5.14 Representation of Parties (W&I § 317-318, California Rules of Court rules 5.660 and 5.663)
a. General Competency Requirement: All court-appointed attorneys appearing in juvenile court must meet the minimum standards of competence set forth in W&I § 634.3 and California Rules of Court rule 5.664. Each attorney who wishes to accept appointments in juvenile court must submit a summary of his or her qualifications to practice in juvenile court on Judicial Council form JV-700 Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court. The juvenile court judge will review the competency form prior to appointing an attorney to represent a party in juvenile court.
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b. Continuing Education: Pursuant to California Rules of Court rule 5.664, each court-appointed attorney who practices before the juvenile dependency court must complete at least 12 hours of continuing education related to dependency proceedings within every three (3) year period. A minimum of four (4) hours of training in each three (3) year period must be devoted to issues of domestic violence, sexual abuse of children, and/or substance abuse.
c. Standards of Representation
1. Attorneys are expected to meet regularly with clients, including clients
who are children, regardless of the age of the child or the child’s ability to
communicate verbally, to contact social workers, probation officers and
other professionals associated with the client’s case, to work with other
counsel and the court to resolve disputed aspects of a case without
contested hearing, and to adhere to the mandated timelines. The attorney
for the child must have sufficient contact with the child to establish and
maintain an adequate and professional attorney-client relationship. The
attorney for the child is not required to assume the responsibilities of a
social worker or probation officer and is not expected to perform services
for the child that are unrelated to the child’s legal representation.
2. Complaints about Court-Appointed Attorneys
a. Any party to a juvenile proceeding may lodge a written complaint
with the court concerning the performance of his/her appointed
attorney as follows:
i. Complaints or questions will initially be referred to that
attorney’s supervisor within the agency, association, or law
firm appointed to represent the client.
ii. If the issue remains unresolved or if there is no designated
agency, association, or law firm, the party may submit a
written complaint to the court in which the matter is
pending on local form MJV-101 Complaint about
Performance of Court Appointed Attorney. The court will
conduct a prompt review of the complaint or question
which may include an in chambers hearing. The court may
take any appropriate action required, including relieving
counsel and appointing new counsel, and/or holding a
formal hearing on the matter.
b. In the case of a complaint concerning the performance of an
attorney appointed to represent a minor, the complaint may be
lodged by the child or on the child’s behalf by the social worker, a
caretaker, a relative, a foster parent, or a child advocate.
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c. Special duties of Children’s Attorneys
i. Unless otherwise specified by the judge hearing a juvenile
matter, an attorney appointed to represent a child will serve
as the Child Abuse Prevention and Treatment Act
(“CAPTA”) guardian ad litem for the child as set forth in
W&I § 326.5.
ii. An attorney for a child in a dependency proceeding will
make an independent investigation pursuant to W&I §
317(e). If the minor is four (4) years or older, the
independent investigation must include an interview with
the minor. If the results of the investigation vary from the
information in the Social Worker’s report, the attorney
must file a report or declaration prior to the scheduled court
hearing summarizing the result of his or her investigation.
iii. Access to Children in W&I § 300, Proceedings
a. No party or attorney in a dependency proceeding
will interview a child about the events relating to
the allegations in the petition(s) on file without
permission of the child’s attorney or court order.
b. No party or attorney in a dependency proceeding
will cause a minor to undergo a physical, medical,
or mental health examination or evaluation without
court approval. Each party will have the right to
notice and be heard on the person to be selected to
perform medical or mental health evaluations other
than medical examinations per W&I § 324.5.
c. This rule does not apply to the investigating
probation officer or investigating social worker.
d. Caseloads for Children’s Attorneys: Court appointed attorneys for children must notify the juvenile court judge when their caseload exceeds 140 cases (sibling groups will constitute 1 “case” for the purpose of this rule). Upon receiving such notification, the juvenile court judge will take steps to assure that the attorney is able to meet minimum standards of attorney performance.
(Effective 1/1/99; renamed 7/1/04; amended 1/1/07; amended eff. 1/1/09; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23)
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5.15 Attorney Notice of Unavailability
All court appointed counsel must notice the court ten (10) days prior to hearing days in which counsel is unavailable. The notice must be filed with the court and include a proof of service to all opposing counsel, and if relevant to agencies that participate in court hearings.
(Effective 7/1/24)
5.16 Modifications of Orders (W&I §§ 386-388, 775-779)
a. Previous Order: Any request order to change, modify, or set aside a previous
order of the juvenile court must comply with W&I §§ 386-388, 775-779).
b. Decrease in Visitation by Parent/Party: Any significant decrease from the
court-ordered level of a parent’s/party’s level of visitation must be presented to
the affected parent/party for comment before being submitted to the court. The
court may set a hearing on the issue after hearing the parent’s/party’s comment on
the proposed reduction.
c. Vacations Out of Mendocino County: Permission for a dependent or ward’s
custodian to take the child out of Mendocino County for a vacation may be
submitted directly to the court for approval. Any attempts to notify the parents
must be indicated in the application.
d. New Service Plan Requirements: Any significant changes or additions to the
court ordered Family Reunification or Family Maintenance service plan for
parents/guardians must be submitted to the parents and/or their attorney for
approval before implementation. A parent who disagrees with the new
requirements may request a hearing with the court on the matter.
(Effective 1/1/99; subdivisions (a) & (b) repealed 7/1/04; renamed 7/1/04; amended 1/1/09; renumbered 1/10/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; renumbered 7/1/24)
5.17 Creation of a Family Court Order in Juvenile Court
a. Petition for Dismissal: Whenever any interested party believes that juvenile court
intervention on behalf of the child is no longer necessary, application may be
made to the juvenile court pursuant to W&I § 388 or at any regularly scheduled
hearing to have the case dismissed. Thereafter, any future litigation relating to the
custody, visitation, and control of the child will be heard in the family court or
other appropriate court department.
b. Juvenile Court Custodial Order: If the juvenile court determines that
jurisdiction of the juvenile court is no longer necessary for the protection of the
child, the court may create a custodial order on Judicial Council form JV-200
Custody Order – Juvenile – Final Judgment consistent with the needs of the child
and thereafter dismiss the juvenile petition and case (W&I §§ 361.2, 362.4). Any
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party may object to the proposed dismissal and be heard on the issues. (Amended
7/1/04; amended 1/1/09)
c. Maintenance of Orders in Court Files
1. Juvenile Court: The original court order must be filed in the family court
or civil file and endorsed copies must be filed in the juvenile court file. A
copy of the endorsed-filed order must be mailed to the attorneys and
parties.
2. Superior Court: If no court order exists in the family court or other court
division or in any other jurisdiction, the court clerk will create a file under
the names of the child’s parents. The file will contain a copy of the
juvenile court order. There will be no filing fee. W&I § 362.4.
(Effective 1/1/99; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24)
5.18 Guardians Ad Litem
a. For Children: All children who are the subject of juvenile court proceedings will
be appointed a guardian ad litem. Unless otherwise stated by the court, the child’s
attorney will serve as the guardian ad litem. (W&I § 326.5).
b. For Parents: The court may appoint a guardian ad litem to represent an
incompetent parent or guardian whose child is before the juvenile court pursuant
to a dependency petition (W&I § 300, et seq.). The parent or guardian will be
entitled to a hearing on the issue of whether a guardian ad litem will be appointed.
c. Notice to Guardian ad Litem, Access to Records, and Rights to Appear: The
guardian ad litem will be given the same notice as any party in all proceedings.
The guardian ad litem will have the same access to all records relating to the case
as would any party. The guardian ad litem will have the right to appear at all
hearings.
(Effective 1/1/99; subdivisions (a)(2) & (3) repealed 7/1/04; subdivisions (c)(2) & (3) combined & renumbered 7/1/04; renumbered & amended 1/1/10; renumbered 1/1/18, renumbered 1/1/19; renumbered 1/1/22; amended 1/1/23; renumbered 7/1/24)
5.19 Restitution Determination Procedures (W&I §§ 730.6, 742)
a. In any juvenile delinquency disposition where the Probation Department does not
have sufficient information at the time of disposition to make a specific
recommendation as to the amount of restitution to the victim that may be ordered
pursuant to W&I § 730.6(a)(2)(B), the following procedure will apply:
1. The disposition report prepared by Probation should request that a date be
set in approximately 60 days for a restitution hearing.
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2. The Probation Department will investigate the matter and prepare a
restitution recommendation report that addresses:
a. The value of stolen or damaged property
b. Medical expenses
c. Lost wages or profits due to injury
d. Lost wage or profits due to time spent as a witness or assisting
the police or District Attorney
e. The names of any co-responsible persons
3. The restitution report must be submitted to the court and counsel at least
five (5) business days prior to the scheduled hearing. The documentation
upon which the Probation Officer relies in making the restitution
recommendation must be forwarded with the report to the District
Attorney and minor’s counsel, but not to the court.
b. On the date set for the restitution hearing, the matter will be called on the record in the presence of counsel for both parties. If either the minor or the minor’s parent/guardian are not present, counsel for the minor must inform the court whether those persons indicated that they did or did not wish to be present for the hearing.
c. If the matter is set for an evidentiary hearing after the Probation Department has made a recommendation for a specific amount of restitution, the burden to produce witnesses and the burden of proof by a preponderance of the evidence that the recommended amount is excessive will be on the minor.
d. After a restitution order is issued by the court, the Probation Officer will notify the victim within 60 days of the following:
1. The name and address of the minor.
2. The amount and terms of restitution ordered.
3. The offenses that were sustained.
4. The name and address of the parent/guardian of the minor.
5. The applicability of Civil Code §§ 1714.1 and 1714.3 regarding joint and
several liability of the parent/guardian.
6. Whether the minor’s parents received proper notice of the proceedings and
potential liability.
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7. The victim’s right to a certified copy of the order reflecting items (1-6)
above.
8. The victim’s right to enforce the restitution order as a civil judgment
pursuant to W&I § 730.6(r) and Penal Code § 1214.
e. Prior to hearing any motion to modify the restitution order, all parties and the
victim must be notified at least 10 business days prior to the hearing date, as
required by W&I § 730.6(h).
(Effective 7/1/05; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/2; renumbered 7/1/243)
5.20 Interviewing Minors Who Are Alleged Victims of Child Abuse
All investigators, agencies, law enforcement personnel, attorneys, and child advocates must attempt to minimize the number of interviews with a child relating to the events surrounding the alleged child abuse. To this end, anyone wishing to learn facts about the alleged incident must first review the comprehensive interview taken by the investigating officer.
(Effective 7/1/05; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24)
5.21 Court Appointed Special Advocate Program (CASA)
a. Adoption of CASA Program
1. The court hereby adopts the guidelines for the Court Appointed Special
Advocate Program (CASA) as set forth in W&I §§ 100 through 109,
inclusive, and California Rules of Court rule 5.655.
2. The CASA Program must report regularly to the juvenile court judge with
evidence that it is operating under the guidelines established by the
National Court Appointed Special Advocate Association and the
California State Guidelines for child advocates.
b. Release of Information to CASA
1. To accomplish the appointment of a CASA, the judge, commissioner, or
referee making the appointment must sign an order granting the CASA the
authority to review specific relevant documents, interview parties involved
in the case, and interview other 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.
2. The CASA will have the same legal right to records relating to the child
he/she is appointed to represent as any case manager (social worker or
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probation officer) regarding records pertaining to the child held by any
agency, school, organization, division or department of the State,
physician, surgeon, nurse, other health care provider, psychologist,
psychiatrist, mental health provider, or law enforcement agency. The
CASA must present a copy of his/her appointment order, together with
his/her identification, to the provider to gain access to the requested
information. No consent from the parent or guardian is necessary for the
CASA to have access to any records relating to the child.
c. Right to Timely Notice and Right to Appear
1. Whenever any motion is made or a supplemental or subsequent petition
filed, concerning the child for whom the CASA has been appointed, the
moving party must provide the CASA with timely notice.
2. A CASA will have the right to be present and heard at all court hearings
and must not be subject to exclusion because he/she may be called to
testify at some point in the proceedings. A CASA is not a party to the
dependency proceedings. However, the court has the authority to grant
the CASA amicus curiae status, which includes the right to appear with
counsel.
d. Calendar Priority: In light of the fact that CASAs are rendering a volunteer
service to children and the court, matters on which they appear should be granted
priority on the court’s calendar whenever possible.
e. CASA Reports: CASA reports will be filed with the court at least three (3)
business days prior to the hearing. The CASA program must provide a copy of
the report to all counsel of record at least three (3) business days before the
hearing.
(Effective 7/1/13; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24)
5.22 Request for Transcript of Confidential Proceeding
Any requests for a transcript of a confidential juvenile court proceeding for any purpose other than appeal must submit local form MJV-300 Request for Special Transcript and Order to the juvenile court judge.
If the applicant requests that the transcript be provided at court expense, a current fee waiver request or other proof of current financial circumstances must accompany form MJV-300 or have been filed with the court within the prior three (3) months.
If the applicant requests that the transcript be provided in an expedited manner (within 10 days of the request), justification must be clearly stated in the request.
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(Effective 1/1/17; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24)
5.23 Transportation of Inmates to Juvenile Law Hearings
a. Counsel for any party who is incarcerated in the Mendocino County jail or other
local detention facility whose parental rights are subject to adjudication in the
juvenile court, may request that the party be transported to court or appear
remotely by way of written request filed in the case or sent directly to the juvenile
clerk no less to than two (2) business days in advance of the hearing. Counsel for
the Department of Social Services is expected to advise the court by the same
procedure of any parent, alleged or otherwise, who is incarcerated locally at least
two (2) business days in advance of an initial appearance on a new petition.
b. Counsel for persons incarcerated in the California Department of Corrections
(CDCR) or other state prison whose parental rights are subject to adjudication in
the juvenile court, must file with the court no less than 30 days in advance of the
hearing Judicial Council forms JV-450 Order for Prisoner’s Appearance at
Hearing Affecting Parental Rights and JV-451 Prisoner’s Statement Regarding
Appearance at Hearing Affecting Parental Rights to ensure the person’s
appearance either by video, telephone, or physical transport. A request to appear
in person rather than by video conference or telephone must be governed by Penal
Code § 2625. If a parent or alleged parent is incarcerated in the CDCR or other
state prison at the time of the initial filing of the petition under Welfare &
Institutions Code § 300, it is the responsibility of the Department of Social
Services to ensure their initial appearance from the institution where they are
housed.
(Effective 7/1/09; amended 1/1/10; amended 1/1/17; renumbered & amended 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; amended 1/1/24; renumbered 7/1/24)
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Chapter 6: Probate Court Rules
6.1 Submission of Matter Without Appearance by Counsel or Witnesses
A matter that by law may be determined by declaration, affidavit or verified pleading and without testimony may ordinarily be submitted for appropriate action by the court without appearance by counsel or witnesses provided that all necessary papers, including declarations and proposed orders must be delivered to the clerk within the time limit prescribed. The proposed orders must bear the date on which the hearing is originally noticed.
a. All filings of probate matters setting a hearing must be filed no later than 1:30
p.m. four court days before hearing. All filings for a hearing that are presented to
the clerk after 1:30 p.m. will be set for the next probate calendar allowing for four
(4) court days before the hearing. The clerk will not accept any moving papers
setting a hearing date less than four (4) days from the filing date unless a signed
court order shortening time is presented along with the moving papers.
b. Failure of the moving party to appear at a required hearing may result in the
matter being dropped from the calendar.
c. Counsel for the moving party must promptly notify the court when a matter is to
be dropped from the calendar.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 1/1/22)
6.2 Ex Parte/Emergency Probate Guardianship Orders
a. Please review local rule 1.15 for general procedures on filing Probate
Guardianship ex parte/Emergency Order applications.
b. Ex Parte/Emergency Orders Disfavored Except Upon Strong Showing of
Potential Harm. It is the policy of this court not to grant ex parte/emergency
orders in probate guardianship cases without a strong factual showing of grave
danger, emergency, or severe detriment to a party or a child prior to the time the
issues can be properly set for a noticed hearing with the parties present and
afforded an opportunity to be heard.
c. Declarations in Support of Ex Parte/Emergency Orders
1. All declarations in support of ex parte/emergency orders must be based
upon personal knowledge of the declarant. The court may decide not to
consider the merits of an unsubstantiated declaration based on hearsay and
not subject to any recognized hearsay exception in deciding the request for
ex parte/emergency relief.
2. All declarations in support of ex parte/emergency relief must specifically
describe the dates of incidents, provide a detailed factual description of
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what happened, and identify the specific harm which has been threatened
or caused. Conclusions, feelings, wishes, or fears will not support a
request for ex parte/emergency relief.
3. The court must have accurate, complete information before deciding a
request for ex parte/emergency orders. Parties and attorneys must fully
disclose relevant facts in preparing declarations in support of ex
parte/emergency orders. YOU MUST DISCLOSE WHETHER THE
REQUESTED EX PARTE/EMERGENCY ORDER WILL RESULT IN A
CHANGE OF THE STATUS QUO.
(Effective 7/1/21; renumbered & amended 1/1/22; amended 7/1/22; amended 1/1/23; amended 7/1/26) Compromise of Claims of Minors and Incompetent Persons
6.3 Compromise of Claims
All petitions and orders for the compromise of claims of minors or incompetent persons pursuant to Probate Code § 3500 and Code of Civil Procedure § 372, must comply with the California Rules of Court and the following:
a. The petition must contain a full disclosure of all information which has any
bearing upon the reasonableness of the compromise and settlement, such as the
sums, if any, to be paid to the other claimants in the same case.
b. In any case in which the court orders the sum received by the minor to be
deposited in a financial institution, the order must contain the additional wording,
“a certified or endorsed copy of this order shall be delivered to the manager of
said financial institution to be deposited, and that there shall be a receipt of said
financial institution filed with the clerk of the department in which the
compromise was approved, acknowledging receipt of both the sum deposited and
said order.”
c. The receipt of the financial institution must include the name of the account,
account number, account type, the initial deposit amount, the amount on deposit
as of the date of the receipt, and the date the account was opened. The receipt
should acknowledge that “No withdrawals of principal or interest be made from
said account (s) without the written order under this case name and number
therefore signed by a judge and bearing the seal of said court. The monies are not
the subject of escheat.”
d. It is the duty of the petitioner or their counsel to file the receipt described above
with the court no later than 15 days after the order requiring the sum to be
deposited in a financial institution.
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e. In any case where the court order was made prior to March 4, 1972, any use of or
reference to the words “age of majority,” “adult,” “age of minority,” “minor” or
words of similar intent must make reference to persons older or younger than 21
years of age, consistent with the law then in effect, provided, however, that such
orders made prior to March 4, 1972, will be subject to amendment to reflect the
new age of majority where such amendment is deemed proper in the discretion of
the court. In orders made for compromise on or after March 4, 1972, the age of
majority will be 18 years of age.
f. If no action is pending, or if an action is pending and settlement is reached before
trial has commenced, a petition for compromise of the claims of minors or
incompetent persons must be filed and heard in the department regularly hearing
probate matters. If a petition is presented after the trial has commenced, approval
of the settlement will be made in the trial department.
(Effective 1/1/99; amended 1/1/00; amended 7/1/08; amended 1/1/09; amended 1/1/10; renumbered 1/1/19; renumbered & amended 1/1/22)
6.4 Attorney’s Fees for Compromise
The attorney’s fees set forth on an application for approval of compromise of a claim will be considered reasonable under normal circumstances. In computing fees on the basis of the amount of the judgment, special damages allotted to the parents and costs paid or incurred by any attorney must be first deducted.
a. Settlement without commencement of a court trial, under either Code of Civil
Procedure § 372 or Probate Code § 3500: 25 %.
b. Recovery of judgment or obtaining settlement after court trial has commenced:
33-1/3 %.
c. Settlement after filing appellant’s opening brief on appeal: 40 %.
The foregoing fees will be subject to variation by the court in cases involving unusual circumstances or conditions to meet such circumstances or conditions.
In actions governed by the Medical Injury Compensation Reform Act (MICRA), the fees authorized by this rule may not exceed the amount of fees permitted by 6146(a) of the Business and Professions Code. To the extent the fees permitted by 6146(a) exceed the fees allowed under this rule, the provisions of this rule will prevail.
(Effective 1/1/99; renumbered 1/1/19; renumbered & amended 1/1/22)
6.5 Withdrawal of Funds
a. It is the duty and the policy of the court to protect the funds of minors and not to
allow withdrawals except in very urgent and unusual situations. It is the duty of
parents of minors to provide for their support and education. Funds belonging to
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minors should not ordinarily be used for such purposes. The court will never
allow withdrawals for the benefit of parents or any person other than the minor.
b. Requests for withdrawal of funds deposited for minors and incompetent persons
will be allowed upon filing a verified petition or ex parte application which must
include a showing of the amounts previously withdrawn, the balance on deposit at
the time of filing the petition, a justification for the withdrawal (including the
reasons why the parents or parent are unable to provide the needed funds) and the
attorney’s fees, if any, that are requested.
c. The order will fix such fees and no other fees will be charged. In the absence of
unusual circumstances where the attorney for the petitioner was allowed fees at
the time of settlement, the court will consider this an incidental service for which
payment has been included in the original allowance.
d. Any order authorizing the withdrawal of funds for the purpose of transferring
funds from one financial institution to another must include the language
contained in local rule 6.3(b) and provide that the draft of the institution from
which the funds are withdrawn must be payable to the financial institution to
which the funds are to be transferred for deposit in such a blocked account. A
receipt from the financial institution to which the funds are transferred containing
the information and language contained in local rule 6.3(c) must be filed with the
court.
e. Applications for withdrawal of sums will be filed and heard in the probate
department.
(Effective 1/1/99; renumbered & amended 1/1/19; renumbered & amended 1/1/22)
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Chapter 7: Traffic Court Rules
7.1 Traffic Filings
The traffic division of the clerk’s office is responsible for all traffic and non-traffic infractions.
(Effective 1/1/99; renumbered 1/1/19)
7.2 Adjudication of Miscellaneous Infraction Matters
a. Staff in the clerk’s office have the authority to take the following actions, at the
request of defendants charged with traffic and non-traffic infraction violations,
whether or not cases have been transferred to collections:
1. Advise defendants of their right to plead not guilty and appear for trial
without posting bail and grant bail waivers to defendants who plead not
guilty and schedule appearances in contested traffic court
2. Accept the posting and forfeiting of bail on infraction violations
3. Allow defendants to convert previously ordered community service to
fine/bail one time only
4. Allow defendants to convert fines to community service and arrange to
perform community service through Mendo-Lake Alternative Services
(MLAS)
5. In limited circumstances and if the defendant lives within California but
outside of Mendocino County, upon payment of an administrative fee to
MLAS, authorize a defendant to perform community service that is
overseen by a community service agency in the county in which the work
is to be performed
6. Unless a case is delinquent or has been referred to court collections, grant
request for a 60-day extension of time from the date of the request for
extension to pay or to provide proof of completion of community service,
traffic violator school, or correction of correctable offense(s)
7. Accept requests to stay execution of court orders pending the outcome of
infraction appeals
8. For defendants who previously signed up for traffic violator school and
upon payment of $25 court costs, accept late completion of traffic violator
school within 60 days of the date a conviction abstract was sent to the
Department of Motor Vehicles (DMV)
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9. For defendants who did not previously sign up for traffic violator school
and upon payment of traffic violator school fee and $25 court costs, accept
late completion of traffic violator school within 60 days of the date a
conviction abstract was sent to the DMV grant a 60-day extension of time
from the original due date on the citation or courtesy notice, whichever
date is later, to provide completion of traffic school along with payment of
the traffic violator school fee and $25 court costs
10. Refer defendants for arraignment, upon request of defendants or their
counsel
11. Allow defendants to withdraw not guilty plea, enter a plea of guilty and
vacate court trial
12. Assist defendants in accessing online tools, even after cases have been
referred to collections. Defendants may request to:
a. Fine reductions, based on a defendant’s ability to pay the bail,
fines, fees, penalties, or other assessments.
b. Payment plans to make monthly installment payments.
c. Conversion of fine amount to community service.
d. Extensions of time to pay the amount due.
13. For offenses designated as potentially eligible for correction or those
offenses specified in Vehicle Code § 40303.5, grant an automatic
reduction of the violation amount to $25 and dismiss the charge if proof of
correction is provided in a form authorized by the law
14. For violations of Vehicle Code § 12500 or 12951, grant an automatic
reduction of the charge amount to $25 and dismiss the charge if proof of
valid driver’s license is provided
15. For violations of Vehicle Code § 4000(a), grant an automatic reduction of
the charge amount to $25 and dismiss the charge if proof of current
registration is provided
16. For violations of Vehicle Code § 16028, grant an automatic reduction of
the charge amount to $25 and dismiss the charge if proof of current auto
insurance or insurance at the time of the offense is provided
17. For violations of Vehicle Code § 40610, grant an automatic reduction of
the violation amount to $25 and dismiss the charge if proof of correction
of mechanical violations is provided
b. The court will not authorize clerks to grant any of the following requests:
1. Reset contested court trial within 10 calendar days of the scheduled court
hearing date
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2. Reset second or subsequent date for court trial
3. Dismissal of charges following a period of “no further violations”
4. Remand to county jail in lieu of payment of bail or fines and fees
5. Grant subsequent extension, following an initial 60-day extension of time
to pay or to provide proof of completion of community service or traffic
violator school, or proof of correction of correctable offense(s)
6. Grant subsequent extension, following an extension granted by a judicial
officer, of time to pay or to provide proof of completion of community
service or traffic violator school or to provide proof of correction of
correctable offense(s)
7. Submit an amended abstract to the DMV upon submission of a late traffic
violator school certificate if submission is 61 days or greater from the date
a conviction abstract was sent to the DMV
8. Grant traffic violator school or community service following a defendant’s
failure to appear for a contested traffic trial, where case has been
sentenced in absentia
9. Grant out of state community service
(Effective 1/1/2020; amended 1/1/21; amended 1/1/23; amended 7/1/23; amended 1/1/24; amended 7/1/24; amended 1/1/25)
7.3 Traffic Violator School
The court may accept a Certificate of Completion of Traffic Violator School to satisfy the requirements to submit a confidential conviction to the DMV to mask the reportable violation(s) from a traffic defendant’s public driving record. In addition to the eligibility criteria established pursuant to California Rules of Court rule 4.104, traffic violator school may be authorized by the clerk without further referral to a judicial officer if the defendant has not attended traffic violator school for an eligible violation that occurred fewer than 18 months prior to the current violation.
An administrative fee must be paid to the court prior to a defendant participating in traffic violator school.
(Effective 1/1/99; renumbered & amended 1/1/07; renumbered 1/1/10; amended 1/1/12; renumbered 1/1/19; amended 1/1/20; amended 7/1/23)
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7.4 Trial by Written Declaration
The court adopts the trial by written declaration process defined in Vehicle Code § 40902. Defendants may plead not guilty and submit a completed Judicial Council form TR-205 Request for Trial by Written Declaration and any witness statements or other evidence with the full amount of the bail as shown on the defendant’s courtesy notice at the time of filing. The court will subpoena the citing officer to submit an officer’s statement. The court will rule on the evidence provided and will notify the defendant of the ruling by mail. If the charges are dismissed or if the defendant is found not guilty, the full amount of the bail will be promptly refunded by the court.
(Effective 7/1/12; renumbered 1/1/19; amended 1/1/20; amended 1/1/23)
7.5 Ability to Pay Program – Clerk Determinations
Clerks are authorized to make determinations of requests for relief through the MyCitations – Ability-to-Pay program, using the fine reductions formulas included in this application. In the event a litigant is dissatisfied with the relief provided through the clerk’s determination, the litigant may submit a request for judicial review to a judge. The litigant must submit such requests on local form MTR-560 Declaration and Request for Reconsideration of Clerk Determination.
(Effective 1/1/25)
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Superior Court of California, County of Mendocino
Chapter 8: Appellate Court Rules
8.1 Regular & Special Sessions
Regular sessions of the appellate division of the court will be held monthly for limited jurisdiction cases. The calendar will be posted on the court’s website. Motions will be heard at regular sessions, unless otherwise designated by the presiding judge of the appellate division. Special sessions will be set at the discretion of the presiding judge of the appellate division.
(Effective 7/1/04; amended 7/1/08; amended 1/1/18; renumbered 1/1/19; renumbered & amended 1/1/24)
8.2 Oral Argument
Unless otherwise ordered, counsel for each party will be allowed no more than 15 minutes for oral argument. The appellant or the moving party will have the right to open and close.
(Effective 7/1/04; renumbered 1/1/19; renumbered 1/1/24)
8.3 Briefs
Each party must file an original brief with the clerk.
(Effective 1/1/04; renumbered & amended 1/1/07; amended 7/1/08; amended 1/1/10 renumbered 1/1/19; amended 1/1/23; renumbered 1/1/24)
8.4 Clerk’s Transcript on Appeal – Limited Jurisdiction
California Rules of Court, Title 8 sets forth all of the procedures and timelines for appellants filing limited jurisdiction appeals. These rules are found at https://www.courts.ca.gov/cms/rules/index.cfm?title=eight
The original trial court file will be used instead of a clerk’s transcript. This rule does not relieve an appellant of their duty to comply with all other California Rules of Court, Title 8 Appellate Rules which can be found at https://www.courts.ca.gov/cms/rules/index.cfm?title=eight
(Effective 7/1/12; renumbered 1/1/18; renumbered 1/1/19; amended 1/1/20; amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/24)
8.5 Clerk’s Transcript on Appeal – General Jurisdiction
California Rules of Court, Title 8 sets forth all of the procedures and timelines for appellants filing limited jurisdiction appeals. These rules are found at https://www.courts.ca.gov/cms/rules/index.cfm?title=eight. The clerk will prepare copies of the clerk’s transcript for parties to the appeal on USB drive(s) and mail them to the parties.
(Effective 1/1/20; amended 1/1/23; renumbered & amended 1/1/24)
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8.6 Extension of Time to File Reporter’s Transcript – Limited Jurisdiction
A court reporter’s request for an extension of time to prepare and file the reporter’s transcript will not be granted without a showing of good cause and the approval of the Appellate Presiding Judge, or other duly authorized judge.
Court reporters are granted one (1) automatic extension of time of 30 days to prepare and file the reporter’s transcript where the filed appeal is as to a judgment after a proceeding in which an electronic recorder has been utilized to report the proceedings or where a party appeals a judgment after a trial by jury or by the court. Thus, the reporter’s transcript is due within 50 days of the filing of the notice to prepare transcript (see California Rules of Court, Rules 8.834(d) and 8.866(d)).
(Effective 7/1/25)
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Superior Court of California, County of Mendocino List of Local Forms (by Name)
Form Name Number Use Date At Issue Memorandum/Request for Trial MFL-143 Mandatory 1/1/12 Certified Mail Statement (Small Claims) MMC-300 Mandatory 7/1/24 Certification of Electronic Case File for Transfer MMC-322 Mandatory 6/8/23 Claim Form MMC-131 Mandatory 3/22/23 Claim Form – Instructions MMC-131 Optional 3/11/20 Claim Form – Sample Billing MMC-136 Optional 3/11/20 Complaint About Performance of Court Appointed Attorney MJV-101 Mandatory 4/30/25 Declaration of Informal Exchange of Juvenile Records MJV-102 Mandatory 4/30/25 Declaration re: Notice Upon Ex Parte Application for Orders MMC-121 Mandatory 3/7/25 Electronic Media Exhibit Cover Sheet (Civil, Family, and Probate Matters) MEX-175 Mandatory 9/28/21 Exhibit Cover Sheet (Civil, Family, and Probate Matters) MEX-171 Mandatory 9/28/21 Family Court Services Complaint Form MFL-270 Optional 1/1/24 Family Law Case Status Report MFL-251 Mandatory 3/1/20 Family Law Mediation Intake Form English MFL-230 Optional 10/1/22 Family Law Mediation Intake Form Spanish MFL-230 Optional 10/1/22 Notice of Family Law Case Management Conference & OSC re Failure to Comply MFL-250 Mandatory 2/1/25 Notice of Order for Transfer of Case (Civil) MMC-327 Mandatory 6/8/23 Notice of Order for Transfer of Detained Minor (Juvenile Delinquency) MMC-326 Mandatory 6/8/23 Notice of Order for Transfer (Juvenile Delinquency) MMC-325 Mandatory 6/8/23 Notice of Order for Transfer (Juvenile Dependency) MMC-323 Mandatory 6/8/23 Notice of Order for Transfer to Tribal Court (Juvenile Dependency MMC-324 Mandatory 6/8/23 Notice of Limited Civil Case Management Conference & OSC re: Failure to Comply MCV-102 Mandatory 2/1/25 Notice of Unlimited Civil Case Management Conference & OSC re Failure to Comply MCV-101 Mandatory 2/1/25 Records Request MMC-900 Mandatory 8/1/23 Request and Order for Remote Appearance in a Criminal Proceeding MCR-115 Mandatory 3/1/25 Request for Interpreter MMC-110 Mandatory 11/3/23 Request for Special Transcript and Order MJV-300 Mandatory 4/30/25 Request to Calendar Case (Criminal) MCR-103 Optional 3/1/25 Request to Calendar Criminal Matter – Information Sheet MCR-104 Optional 3/1/25 Request to Calendar Criminal Matter – Proof of Service MCR-105 Optional 4/23/25
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Superior Court of California, County of Mendocino List of Local Forms (by Number)
Number Form Name Use Date MEX-171 Exhibit Cover Sheet (Civil, Family, and Probate Matters) Mandatory 9/28/21 MEX-175 Electronic Media Exhibit Cover Sheet (Civil, Family, and Probate Matters) Mandatory 9/28/21 MCR-103 Request to Calendar Case (Criminal) Optional 3/1/25 MCR-104 Request to Calendar Criminal Matter – Information Sheet Optional 3/1/25 MCR-105 Request to Calendar Criminal Matter – Proof of Service Optional 4/23/25 MCR-115 Request and Order for Remote Appearance in a Criminal Proceeding Mandatory 3/1/25 MCV-101 Notice of Unlimited Civil Case Management Conference & OSC re Failure to Comply Mandatory 2/1/25 MCV-102 Notice of Limited Civil Case Management Conference & OSC re: Failure to Comply Mandatory 2/1/25 MFL-143 At Issue Memorandum/Request for Trial Mandatory 1/1/12 MFL-230 Family Law Mediation Intake Form English Optional 10/1/22 MFL-230 Family Law Mediation Intake Form Spanish Optional 10/1/22 MFL-250 Notice of Family Law Case Management Conference & OSC re Failure to Comply Mandatory 2/1/25 MFL-251 Family Law Case Status Report Mandatory 3/1/20 MFL-270 Family Court Services Complaint Form Optional 1/1/24 MJV-101 Complaint About Performance of Court Appointed Attorney Mandatory 4/30/25 MJV-102 Declaration of Informal Exchange of Juvenile Records Mandatory 4/30/25 MJV-300 Request for Special Transcript and Order Mandatory 4/30/25 MMC-110 Request for Interpreter Mandatory 11/3/23 MMC-121 Declaration re: Notice Upon Ex Parte Application for Orders Mandatory 3/7/25 MMC-131 Claim Form Mandatory 3/22/23 MMC-131 Claim Form – Instructions Optional 3/11/20 MMC-136 Claim Form – Sample Billing Optional 3/11/20 MMC-300 Certified Mail Statement (Small Claims) Mandatory 7/1/24 MMC-322 Certification of Electronic Case File for Transfer Mandatory 6/8/23 MMC-323 Notice of Order for Transfer (Juvenile Dependency Mandatory 6/8/23 MMC-324 Notice of Order for Transfer to Tribal Court (Juvenile Dependency Mandatory 6/8/23 MMC-325 Notice of Order for Transfer (Juvenile Delinquency) Mandatory 6/8/23 MMC-326 Notice of Order for Transfer of Detained Minor (Juvenile Delinquency) Mandatory 6/8/23 MMC-327 Notice of Transfer of Case (Civil) Mandatory 6/8/23 MMC-900 Records Request Mandatory 8/1/23
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Superior Court of California, County of Mendocino List of Judicial Council Forms (by Name)
All Mandatory Use
Form Name Number Date Appearance, Stipulations, and Waivers FL-130 1/1/23 Application for Psychotropic Medication JV-220 1/1/18 Consent to Electronic Service and Notice of Electronic Service Address EFS-005-CV 1/1/16 Custody Order – Juvenile – Final Judgment JV-200 1/1/16 Declaration for Default or Uncontested Dissolution or Legal Separation FL-170 1/17/20 Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court JV-700 7/1/16 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders FL-303 7/1/20 Income and Expense Declaration FL-150 1/1/24 Judgment FL-180 7/1/12 Media Request to Photograph, Record, or Broadcast MC-500 1/1/07 Notice and Acknowledgment of Receipt FL-117 1/1/21 Notice of Entry of Judgment FL-190 1/1/05 Notice of Remote Appearance RA-010 1/1/22 Notice of Settlement of Entire Case CM-200 1/1/07 Notice of Termination of Protective Order in Criminal Proceeding CR-165 7/1/16 Opposition to Remote Proceedings at Evidentiary Hearing or Trial (Civil, Family, Probate Matters) RA-015 1/1/22 Order for Prisoner’s Appearance at Hearing Affecting Parental Rights JV-450 1/1/12 Order of Exemption from Electronic Filing and Service EFS-008 1/1/13 Order on Court Fee Waiver FW-003 9/1/19 Order on Media Request to Permit Media Coverage MC-510 1/1/07 Petition for Dismissal (PC 17(b), 17(d)(2), 1203.4, 12303.4a, 1203.41, 1203.43, 1203.49 CR-180 1/1/24 Prisoner’s Statement Regarding Appearance at Hearing Affecting Parental Rights JV-451 1/1/12 Proof of Service of Summons FL-115 1/1/21 Property Declaration FL-160 7/1/16 Proposed Order (Cover Sheet) EFS-020 2/1/17 Request/Counter-Request to Set Case for Trial – Unlawful Detainer UD-150 1/1/05 Request for Exemption from Mandatory Electronic Filing and Service EFS-007 1/1/13 Request for Order / Change / Temporary Emergency Orders FL-300 1/1/25 Request for Trial by Written Declaration TR-205 1/1/99 Request to Appear Remotely – Juvenile Dependency RA-025 1/1/22 Request to Compel Physical Appearance – Juvenile Dependency RA-030 1/1/22 Request to Enter Default FL-165 7/1/25 Request to Reschedule Hearing FL-306 7/1/25 Request to Waive Court Fees FW-001 3/1/26 Schedule of Assets and Debts FL-142 1/1/25 Withdrawal of Consent to Electronic Service EFS-006 1/1/19
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Superior Court of California, County of Mendocino List of Judicial Council Forms (by Number)
All Mandatory Use
Number Form Name Date CM-200 Notice of Settlement of Entire Case (Civil) 1/1/07 CR-165 Notice of Termination of Protective Order in Criminal Proceeding 7/1/16 CR-180 Petition for Dismissal (PC 17(b), 17(d)(2), 1203.4, 12303.4a, 1203.41, 1203.43, 1203.49 1/1/24 EFS-005-CV Consent to Electronic Service and Notice of Electronic Service Address 1/1/16 EFS-006 Withdrawal of Consent to Electronic Service 1/1/19 EFS-007 Request for Exemption from Mandatory Electronic Filing and Service 1/1/13 EFS-008 Order of Exemption from Electronic Filing and Service 1/1/13 EFS-020 Proposed Order (Cover Sheet) 2/1/17 FL-115 Proof of Service of Summons 1/1/21 FL-117 Notice and Acknowledgment of Receipt 1/1/21 FL-130 Appearance, Stipulations, and Waivers 1/1/23 FL-142 Schedule of Assets and Debts 1/1/25 FL-150 Income and Expense Declaration (Family) 1/1/24 FL-160 Property Declaration 7/1/16 FL-165 Request to Enter Default 7/1/25 FL-170 Declaration for Default or Uncontested Dissolution or Legal Separation 1/17/20 FL-180 Judgment 7/1/12 FL-190 Notice of Entry of Judgment 1/1/05 FL-300 Request for Order / Change / Temporary Emergency Orders 1/1/25 FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders 7/1/20 FL-306 Request to Reschedule Hearing 7/1/25 FW-001 Request to Waive Court Fees 3/1/26 FW-003 Order on Court Fee Waiver 9/1/19 JV-200 Custody Order – Juvenile – Final Judgment 1/1/16 JV-220 Application for Psychotropic Medication 1/1/18 JV-450 Order for Prisoner’s Appearance at Hearing Affecting Parental Rights 1/1/12 JV-451 Prisoner’s Statement Regarding Appearance at Hearing Affecting Parental Rights 1/1/12 JV-700 Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court 7/1/16 MC-500 Media Request to Photograph, Record, or Broadcast 1/1/07 MC-510 Order on Media Request to Permit Media Coverage 1/1/07 RA-010 Notice of Remote Appearance (Civil, Family, Probate Matters) 1/1/22 RA-015 Opposition to Remote Proceedings at Evidentiary Hearing or Trial (Civil, Family, Probate Matters) 1/1/22 RA-025 Request to Appear Remotely – Juvenile Dependency 1/1/22 RA-030 Request to Compel Physical Appearance – Juvenile Dependency 1/1/22 TR-205 Request for Trial by Written Declaration 1/1/99 UD-150 Request/Counter-Request to Set Case for Trial – Unlawful Detainer 1/1/05
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Superior Court of California, County of Mendocino History Table Chapter 1: General Court Rules (Renamed 1/1/19)
GENERAL RULES 1.1 Citation (Effective 1/1/99; amended 7/1/08; renumbered 1/1/10-previously 1.3; renumbered 7/1/19- previously 1.2) 1.1 Adoption of Rules (Effective 1/1/99; amended 7/1/08; repealed 7/1/19) 1.2 Failure to Comply with Local Rules or Orders of the Court (Effective 1/1/99; amended 1/1/03; renumbered & amended 7/1/08-previously 4.13; renumbered 1/1/10-previously 1.4; renumbered 7/1/19-previously 1.3) 1.2 Repeal of Prior Rules (Effective 1/1/99; repealed 1/1/10) 1.3 Administration of the Courts (Effective 7/1/19; amended 7/1/21; amended 7/1/24) 1.4 Courtroom Conduct (Effective 7/1/19; amended 1/1/24; amended 7/1/26) 1.4 Construction and Application (Effective 1/1/99; repealed 7/1/08) 1.4 Compliance Statement (Effective 1/1/99; renumbered & amended 7/1/08-previously 4.10; renumbered 1/1/10- previously 1.5; amended 1/1/19; repealed 7/1/19) 1.5 Communication to Court or Jury (Effective 1/1/99; renumbered 7/1/08; renumbered 1/1/19-previously 2.6; renumbered & amended 7/1/19-previousely 1.10) 1.5 Definition of Terms (Effective 1/1/99; repealed 7/1/08) 1.5 Amendment and Repeal (Effective 1/1/99; renumbered & amended 7/1/08-previously 1.7; repealed 1/1/10) 1.5 Location (Effective 1/1/99; amended 7/1/04; amended 7/1/08; amended 1/1/10; amended 1/1/17; renumbered 1/1/19-previously 2.1; repealed 7/1/19) 1.6 Case Initiation and Assignment (Effective 1/1/18; renumbered 1/1/19-previously 3.1; renumbered & amended 7/1/19-previously 1.13; amended 7/1/21; amended 1/1/24; amended 7/1/24; amended 7/1/26) 1.6 Clerks (Effective 1/1/99; repealed 7/1/08) 1.6 Sessions of the Court (Effective 1/1/99; amended 7/1/08; renumbered 1/1/19-previously 2.2; repealed 7/1/19) 1.7 Parties Represented by Counsel May Not File Their Own Pleadings or Other Documents (Effective 7/1/26) 1.7 Complaints re: Bias of Sexual Harassment (Effective 1/1/99; amended 7/1/04; renumbered & amended 7/1/08; renumbered 1/1/19- previouly 2.3; repealed 7/1/19) 1.7 Filing of Documents (Effective 7/1/19; amended 1/1/21; repealed 7/1/21)
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1.8 Filing of Documents (Effective 7/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/23; amended 1/1/24; amended 7/1/24; amended 7/1/25: renumbered & amended 7/1/26-previous rule 1.7) 1.8 Behavior in the Courtrooms (Effective 1/1/99; renumbered, renamed & amended 7/1/08; renumbered 1/1/19-previously 2.4; repealed 7/1/19) 1.9 Application for Waiver of Court Fees (Effective 1/1/20; amended 7/1/22; amended 1/1/23; renumbered 7/1/26-previous rule 1.8) 1.9 Attire (Effective 1/1/99; renumbered & amended 7/1/08; renumbered 1/1/19-previously 2.5; repealed 7/1/19) 1.9 Court Appearance via Telephone and Video (Effective 7/1/19; renumbered 1/1/20-previously 1.8; amended 1/1/21; repealed 7/1/21) 1.10 Remote Appearances by Persons with Mobility Issues (Effective 7/1/26) 1.11 Remote Proceedings (Effective 7/1/21; amended 1/1/22; amended 1/5/22; amended 1/1/23; 1/1/24; renumbered & amended 7/1/26-previous rule 1.9) 1.11 Telephone, Cellular Phones, and Beepers (Effective 1/1/99; renumbered 7/1/08; renumbered 1/1/19-previously 2.7; repealed 7/1/19) 1.12 Remote Proceedings in Criminal Matters (Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/23; renumbered & amended 7/1/26-previous rule 1.10) 1.12 Addressing the Court (Effective 1/1/99; renumbered 7/1/08; renumbered 1/1/19-previously 2.8; repealed 7/1/19) 1.13 Remote Proceedings in Civil and Family Law Matters (Effective 1/5/22; amended 7/1/22; amended 1/1/23; amended 7/1/24; renumbered & amended 7/1/26-previously 1.11) 1.14 Remote Proceedings in Juvenile Dependency Matters (Effective 1/5/22; amended 3/4/22; amended 7/1/22; amended 1/1/23; renumbered & amended 7/1/26-previously 1.12) 1.14 Conforming Copies (Effective 7/1/11; amended 1/1/13; renumbered 1/1/18-previously 3.7; renumbered 1/1/19- previously 3.2; repealed 7/1/19) 1.15 Ex Parte/Emergency Order Applications (Effective 7/1/21; amended 1/1/22; renumbered 1/5/22-previously 1.11; amended 1/1/23; amended 7/1/23; amended 1/1/24; renumbered & amended 7/1/26-previosly 1.13) 1.15 Pre-Paid, Self-Addressed Envelopes Required (Effective 7/1/11; renumbered 1/1/18-previously 3.8; renumbered 1/1/19-previously 3.3; repealed 7/1/19) 1.16 Obtaining Certified Copies of Exhibits (Effective 7/1/11; renumbered 1/1/18-previously 3.10; renumbered 1/1/19-previously 3.5; renumbered & amended 7/1/19-previously 1.17; renumbered 1/1/20-previously 1.10; renumbered 7/1/21-previously 1.10; renumbered 1/5/22-previously 1.11; amended 7/1/24; renumbered & amended 7/1/26-previously 1.14) 1.17 Return of Exhibits: Civil, Family Law, and Probate (Effective 7/1/11; renumbered 1/1/18-previously 3.9; renumbered 1/1/19-previously 3.4; renumbered & amended 7/1/19-previously 1.16; renumbered 7/1/21-previously 1.11; renumbered 1/5/22-previolusly 1.12; amended 1/1/23; renumbered 7/1/26-previously 1.15)
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1.18 Order to Show Cause Regarding Dismissal of Pending Civil or Family Law Actions (Effective 7/1/23; renumbered 7/1/26-previously 1.16) 1.18 Provision of “Court Copies” for Specified Court Hearings (Effective 1/1/18; renumbered 1/1/19-previously 3.6; repealed 7/1/19) 1.19 Dismissal of Civil or Family Law Actions: No Proof of Services of Summons (Effective 7/1/23; renumbered 7/1/26-previously .1.17) 1.20 Transfer of Cases: All Case Types (Effective 7/1/23; renumbered 7/1/26-previously 1.18) 1.20 Drop Box – Ukiah (Effective 1/1/18; renumbered 1/1/19-previously 3.8; repealed 7/1/19) 1.21 Payment in Coin (Effective 7/1/05; amended 7/1/08; renumbered 7/1/11-previously 27.2; renumbered 1/1/18- prevoiusly 27.1; renumbered 1/1/19-previously 3.7; renumbered 7/1/19-previously 1.19; renumbered 1/1/20-previously 1.11; renumbered 7/1/21-previously 1.12; renumbered 1/5/22- previously 1.13; amended 7/1/22; renumbered 7/1/23-previously 1.16; renumbered 7/1/26- previously 1.19) 1.21 Facsimile Filing (Effective 1/1/99; amended 7/1/04; amended 7/1/08; amended 1/1/10; amended 1/1/12; amended 7/1/16; amended 1/1/17; renumbered 1/1/19-previously 11.2; repealed 7/1/19) 1.21 Court Interpreters: Criminal and Juvenile Matters (Effective 1/1/99; renumbered 1/1/19-previously 20.8; renumbered & amended 7/1/19- previously 1.44; renumbered & amended 1/1/20-previously 1.20; repealed 1/1/21) 1.22 Assistance for Self-Represented Litigants (Effective 1/1/17; renumbered 1/1/19-previously 15.2; amended 1/1/22; renumbered & amended 1/1/23-previously 4.2; renumbered 7/1/23-previously 1.17; renumbered 7/1/26-previously 1.20) 1.22 Telephonic Appearance (Effective 1/1/99; amended 1/1/03; amended 7/1/08; amended 7/1/09; amended 1/1/10; amended 1/1/11; amended 1/1/17; renumbered 1/1/19-previously 11.1; repealed 7/1/19)
RESEARCH 1.23 Case Research (Effective 7/1/24; renumbered 7/1/26-previously 1.21)
JURY RULES 1.24 Responsibility of Citizens (Effective 1/1/25; renumbered 7/1/26-previously 1.22) 1.24 Verdict Forms and Interrogatories (Effective 1/1/99; renumbered 7/1/08-previously 12.2; renumbered 1/1/19-previously 12.1; repealed 7/1/19; renumbered 7/1/23-previously 1.24) 1.24 List of Approved Interpreters (Effective 1/1/99; renumbered 1/1/19-previously 20.4; renumbered & amended 7/1/19- previously 1.40; renumbered 1/1/20-previously 1.18; renumbered 7/1/21-previously 1.19; renumbered 1/5/22-previously 1.20) 1.25 Jury Commissioner (Effective 1/1/25; renumbered 7/1/26-previously 1.23) 1.25 Request for Jury Instructions (Effective 1/1/99; amended 7/1/04; renumbered & amended 1/1/10-previously 12.3; renumbered 1/1/19-previously 12.2; repealed 7/1/19) 1.26 Jury Selection Boundaries and Lists (Effective 1/1/25; renumbered 7/1/26-previously 1.24)
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1.26 Jury Commissioner Duties
(Effective 1/1/99; renumbered 1/1/19-previously 21.1; repealed 7/1/19)
1.26 Request for Court Reporter
(Effective 1/1/99; renumbered 1/1/07; amended 1/1/07; amended 7/1/08; amended 1/1/07;
amended 1/1/09; amended 1/1/12; amended 7/1/12; renumbered & amended 1/1/19-previously
20.2; renumbered & amended 7/1/19-previously 1.37; renumbered 1/1/20-previously 1.15;
renumbered & amended 7/1/21-previously 1.16; renumbered 1/5/22-previously 1.17;
renumbered & amended 1/1/23-previously 1.20; renumbered 7/1/23-previously 1.21;
renumbered & amended 1/1/24-previously 1.24; renumbered 7/1/24-previously 1.25; repealed
1/1/25)
1.27 Prior Jury Service (Effective 1/1/99; renumbered 1/1/19-previously 21.6; renumbered & amended 7/1/19- previously 1.31; renumbered 1/1/20-previously 1.12; renumbered 7/1/21-previously 1.13; renumbered 1/5/22-previously 1.14; renumbered 1/1/23-previously 1.17; renumbered 7/1/23- previously 1.18; renumbered 7/1/24-previously 1.21; renumbered & amended 1/1/25-previously 1.22; renumbered 7/1/26-previously 1.25) 1.27 Jury Services (Effective 1/1/99; renumbered 1/1/19-previously 21.2; repealed 7/1/19) 1.28 Failure to Appear for Jury Duty when Summoned (Effective 1/1/99; renumbered 1/1/19-previously 21.7; renumbered & amended 7/1/19- previously 1.32; renumbered 1/1/20-previously 1.13; renumbered 7/1/21-previously 1.14; renumbered 1/5/22-previously 1.15; renumbered & amended 1/1/23-previously 1.18; renumbered 7/1/23-previously 1.19; renumbered 7/1/24-previously 1.22; renumbered & amended 1/1/25-previously 1.23; renumbered 7/1/26-previously 1.26) 1.28 Court Policy (Effective 1/1/99; renumbered 1/1/19-previously 21.3; repealed 7/1/19) 1.29 No Request for Transfer of Jury Service Prior to Jury Voir Dire (Effective 1/1/24; renumbered 7/1/24-previously 1.23; renumbered & amended 1/1/25- previously 1.24; renumbered 7/1/26-previously 1.27) 1.29 Requests to be Excused (Effective 1/1/99; renumbered 1/1/19-previously 21.4; repealed 7/1/19) 1.30 Deferment of and Excusal from Jury Service (Effective 7/1/25; renumbered & amended 7/1/26-previously 1.28) 1.30 Grounds Constituting Undue Hardship (Effective 1/1/99; renumbered 1/1/19-previously 21.5; repealed 7/1/19)
COURT REPORTER RULES 1.31 Provision of Court Reporters (Effective 1/1/99; amended 7/1/09; amended 1/1/12; amended 7/1/12; amended 1/1/13; renumbered 1/1/19-previously 20.1; renumbered & amended 7/1/19-previously 1.36; renumbered 1/1/20-previously 1.14; renumbered 7/1/21-previously 1.15; renumbered 1/5/22- previously 1.16; amended 7/1/22; renumbered & amended 1/1/23-previously 1.19; renumbered 7/1/23-previously 1.20; renumbered & amended 1/1/24-previously 1.23; renumbered 7/1/24- previously 1.24; renumbered & amended 1/1/25-previously 1.25; renumbered & amended 7/1/25-previously 1.28; renumbered 7/1/26-previously 1.29)
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1.32 Use of Electronic Recording (Effective 1/1/13; renumbered 1/1/19-previously 20.9; renumbered & amended 7/1/19- previously 1.38; renumbered 1/1/20-previously 1.16; renumbered 7/1/21-previously 1.17; renumbered 1/5/22-previously 1.18; renumbered 1/1/23-previously 1.21; renumbered 7/1/23- previously 1.22; renumbered & amended 1/1/24-previously 1.25; renumbered 7/1/24-previously 1.26; renumbered 1/1/25; renumbered & amended 7/1/25-previously 1.29; renumbered 7/1/26- previously 1.30) 1.33 Electronic Filing of Court Ordered Transcripts (Effective 1/1/18; renumbered 1/1/19-previously 20.10; renumbered & amended 7/1/19- previously 1.39; renumbered 1/1/20-previously 1.17; renumbered 7/1/21-previously 1.18; renumbered 1/5/22-previously 1.19; renumbered & amended 1/1/23-previously 1.22; renumbered 7/1/23-previously 1.23; renumbered 1/1/24-previously 1.26; renumbered 7/1/24- previously 1.27; renumbered 1/1/25; renumbered 7/1/25-previously 1.30; renumbered 7/1/26- previously 1.31) 1.33 Releasing Names and Addresses of Jurors (Effective 1/1/99; renumbered 1/1/19-previously 21.8; repealed 7/1/19)
INTERPRETER RULES 1.34 Request for Interpreters (Effective 7/1/19; renumbered & amended 1/1/20-previously 1.19; amended 1/1/21; renumbered & amended 7/1/21-previously 1.20; renumbered 1/5/22-previously 1.21; amended 1/1/23; renumbered 1/1/24-previously 1.27; renumbered 7/1/24-previously 1.28; renumbered 1/1/25- previously 1.29; renumbered 7/1/25-previously 1.31; renumbered 7/1/26-previously 1.32) 1.34 Records Compiled and Maintained (Effective 1/1/99; renumbered 1/1/19-previously 21.9; repealed 7/1/19)
ATTORNEYS FEES 1.35 Court Appointed Attorneys: Standards of Experience, Allowable Fees, and Expenses (Effective 1/1/99; amended 7/1/99; amended 1/1/09; amended 1/1/10; renumbered & amended 1/1/19-previously 19.8; renumbered & amended 7/1/19-previously 1.46; renumbered & amended 1/1/20-previously 1.21; renumbered 1/1/21-previously 1.21; renumbered 1/5/22- previously 1.12; amended 7/1/22; amended 1/1/23; renumbered 7/1/23-previously 1.25; renumbered 1/1/24-previously 1.28; renumbered 7/1/24-previously 1.29; renumbered 1/1/25- previously 1.30; renumbered & amended 7/1/25-previously 1.32; renumbered 7/1/26-previously 1.33) 1.35 Jury Panel Composition (Effective 7/1/09; amended 1/1/10; amended 1/1/12; renumbered 1/1/19-previously 21.10; repealed 7/1/19) 1.36 Attorney’s Fees and Representative’s Fees for Extraordinary Services in Probate Proceedings or in any Matter Defined in the Probate Code for Which a Statutory Fee is not Established (Effective 1/1/99; renumbered 1/1/19-previously 19.4; renumbered & amended 7/1/19- previously 1.50; renumbered 1/1/20-previously 1.22; renumbered 1/1/21-previously 1.23; renumbered 7/1/21-previously 1.22; renumbered 1/5/22-previously 1.23; renumbered 7/1/23- previously 1.26; renumbered 1/1/24-previously 1.29; renumbered 7/1/24-previously 1.30; renumbered 1/1/25-previously 1.31; renumbered 7/1/25-previously 1.33; renumbered 7/1/26- previously 1.34)
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Superior Court of California, County of Mendocino GUARDIAN AND CONSERVATOR FEES 1.37 Fees and Commission Fixed by Court Prior to Payment (Effective 1/1/99; renumbered 1/1/19-previously 19.7; renumbered & amended 7/1/19- previously 1.51; renumbered 1/1/20-previously 1.23 renumbered 1/1/21-previously 1.24; renumbered 7/1/21-previously 1.23; renumbered 7/1/23-previously 1.27; renumbered 1/1/24- previously 1.30; renumbered 7/1/24-previously 1.31; renumbered 1/1/25-previously 1.32; renumbered 7/1/25-previously 1.34; renumbered 7/1/26-previously 1.35) 1.38 Guardians and Conservators Fees (Effective 1/1/99; renumbered 1/1/19-previously 19.5; renumbered & amended 7/1/19- previously 1.52; renumbered 1/1/20-previously 1.24; renumbered 1/1/21-previously 1.25; renumbered 7/1/21-previously 1.24; renumbered 1/5/22-previously 1.25; amended 1/1/23; renumbered 7/1/23-previously 1.28; renumbered 1/1/22-previously 1.31; renumbered 7/1/24- previously 1.32; renumbered 1/1/25-previously 1.33; renumbered & amended 7/1/25-previously 1.35; renumbered 7/1/26-previously 1.36)
INVESTIGATION AND EXPERT FEES 1.39 Investigation Fees and Expenses (Effective 7/1/19; renumbered 1/1/20-previously 1.25; renumbered 1/1/21-previously 1.26; renumbered 7/1/21-previously 1.25; renumbered 1/5/22-previously 1.26; amended 7/1/22; renumbered 7/1/23-previously 1.29; renumbered 1/1/24-previously 1.32; renumbered 7/1/24- previously 1.33; renumbered 1/1/25-previously 1.34; renumbered 7/1/25-previously 1.36; renumbered & amended 7/1/26-previously 1.37) 1.40 Fees in Guardianship or Conservatorship Investigations (Effective 7/1/16; renumbered 1/1/19-previously 19.5.1; renumbered & amended 7/1/19- previously 1.54; renumbered 1/1/20-previously 1.26; renumbered 1/1/21-previously 1.27; renumbered 7/1/21-previously 1.26; renumbered 1/5/22-previously 1.27; renumbered 7/1/23- previously 1.30; renumbered 1/1/24-previously 1.33; renumbered 7/1/24-previously 1.34; renumbered 1/1/25-previously 1.35; renumbered 7/1/25-previously 1.37; renumbered 7/1/26- previously 1.38) 1.41 Non-Psychiatric Expert Fees and Expenses (Effective 1/1/99; renumbered 1/1/19-previously 19.10; renumbered & amended 7/1/19- previously 1.55; renumbered 1/1/20-previously 1.27; renumbered 1/1/21-previously 1.28; renumbered 7/1/21-previously 1.27; renumbered 1/5/22-previously 1.28; renumbered 7/1/23- previously 1.31; renumbered 1/1/24-previously 1.34; renumbered 7/1/24-previously 1.35; renumbered 1/1/25-previously 1.36; renumbered 7/1/25-previously 1.38; renumbered 7/1/26- previously 1.39) 1.41 Requests for Interpreters; Deposit of Fees (Effective 1/1/99; renumbered 1/1/19-previously 20.5; repealed 7/1/19)
CLAIM FOR PAYMENT 1.42 Claim for Payment (Effective 7/1/19; renumbered & amended 1/1/20-previously 1.28; amended 1/1/21-previously 1.29; renumbered 7/1/21-previously 1.28; renumbered 1/5/22-previously 1.29; amended 1/1/23; renumbered & amended 7/1/23-previously 1.32; renumbered & amended 1/1/24-previously 1.35; renumbered 7/1/24-previously 1.36; renumbered 1/1/25-previously 1.37; renumbered 7/1/25-previously 1.39; renumbered 7/1/26-previously 1.40) 1.42 Fee of Interpreter (Effective 1/1/99; renumbered 1/1/19-previously 20.6; repealed 7/1/19)
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Superior Court of California, County of Mendocino USE OF ELECTRONIC DEVICES OR CAMERAS FOR MAKING PHOTOGRAPHS, VIDEOTAPES, OR AUDIO RECORDINGS IN THE COURTHOUSE 1.43 Media Coverage (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.57; renumbered 1/1/20- previously 1.29; renumbered 1/1/21-previously 1.30; renumbered 7/1/21-previously 1.29; renumbered 1/5/22-previously 1.30; renumbered 7/1/23-previously 1.33; renumbered 1/1/24- previously 1.36; renumbered 7/1/24-previously 1.37; renumbered 1/1/25-previously 1.38; renumbered 7/1/25-previously 1.40; renumbered & amended 7/1/26-previously 1.41) 1.43 Forfeiture of Deposit Fee (Effective 1/1/99; renumbered 1/1/19-previously 20.7; repealed 7/1/19) 1.44 Requests for Photography, Videotaping or Audio Recording (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.58; renumbered 1/1/20- previously 1.30; renumbered 1/1/21-previously 1.31; renumbered & amended 7/1/21-previously 1.30; renumbered 1/5/22-previously 1.31; amended 1/1/23; renumbered 7/1/23-previously 1.34; renumbered 1/1/24-previously 1.37; renumbered 7/1/24-previously 1.38; renumbered 1/1/25- previously 1.39; renumbered 7/1/25-previously 1.41; renumbered 7/1/26-previously 1.42) 1.45 Use of Handheld Electronic Devices; Photography, Videotaping, and Audio Recording Devices (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.59; renumbered 1/1/20- previously 1.31; renumbered 1/1/21-previously 1.32; renumbered & amended 7/1/21-previously 1.31; renumbered 1/5/22-previously 1.32; renumbered 7/1/23-previously 1.35; renumbered & amended 1/1/24-previously 1.38; renumbered 7/1/24-previously 1.39; renumbered 1/1/25- previously 1.40; renumbered & amended 7/1/25-previously 1.42; renumbered & amended 7/1/26-previously 1.43) 1.45 Fees (Effective 1/1/99; renumbered 1/1/19-previously 19.6; repealed 7/1/19) 1.46 Prohibited Coverage (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.60; renumbered 1/1/20- previously 1.32; renumbered 1/1/21-previously 1.33; renumbered 7/1/21-previously 1.32; renumbered 1/5/22-previously 1.33; renumbered 7/1/23-previously 1.36; renumbered 1/1/24- previously 1.39; renumbered 7/1/24-previously 1.40; renumbered 1/1/25-previously 1.41; renumbered & amended 7/1/25-previously 1.43; renumbered 7/1/26-previously 1.44) 1.47 Areas in Court Facilities Where Media Activities are Authorized (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.61; renumbered 1/1/20- previously 1.33; renumbered 1/1/21-previously 1.34; renumbered 7/1/21-previously 1.33; renumbered 1/5/22-previously 1.34; renumbered 7/1/23-previously 1.37; renumbered 1/1/24- previously 1.40; renumbered 7/1/24-previously 1.41; renumbered 1/1/25-previously 1.42; renumbered & amended 7/1/25-previously 1.44; renumbered 7/1/26-previously 1.45) 1.47 Attorney’s Fees in Cases Involving Claims of Minors, Insane or Incompetent Persons (Effective 1/1/99; amended 1/1/09; renumbered 1/1/19-previously 19.1; repealed 7/1/19) 1.48 Ceremonial Events (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.62; renumbered 1/1/20- previously 1.34; renumbered 1/1/21-previously 1.35; renumbered 1/5/22-previously 1.35; renumbered 7/1/23-previously 1.38; renumbered 1/1/24-previously 1.41; renumbered 7/1/24- previously 1.42; renumbered 1/1/25-previously 1.43; renumbered & amended 7/1/25-previously 1.45; renumbered 7/1/26-previoulsy 1.46) 1.48 Attorney’s Fees in Actions on Promissory Notes, Contracts Providing for Payment of Attorney’s Fees and Foreclosures; Attorney’s Fees Schedule (Effective 1/1/99; amended 7/1/08; amended 1/1/09; renumbered 1/1/19-previously 19.2; repealed 7/1/19)
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1.49 Body Worn Cameras (Effective 1/1/19; renumbered & amended 7/1/19-previously 1.63; renumbered 1/1/20- previously 1.35; renumbered 1/1/21-previously 1.36; renumbered 7/1/21-previously 1.35; renumbered 1/5/22-previously 1.36; renumbered 7/1/23-previously 1.39; renumbered 1/1/24- previously 1.42; renumbered 7/1/24-previously 1.43; renumbered 1/1/25-previously 1.46; renumbered & amended 7/1/25-previously 1.46; renumbered 7/1/26-previously 1.47) 1.49 Attorney’s Fees in Guardianship and Conservatorship Proceedings (Effective 1/1/99l amended 1/1/09; renumbered 1/1/19-previously 19.3; repealed 7/1/19)
COURT SECURITY 1.50 Court Security (Effective 1/1/20; renumbered 1/1/21- previously 1.37; renumbered 7/1/21-previously 1.36; renumbered 1/5/22-previously 1.37; amended 1/1/23; renumbered 7/1/23-previously 1.40; renumbered 1/1/24-previously 1.43; renumbered 7/1/24-previously 1.44; renumbered 1/1/25- previously 1.45; renumbered 7/1/25-previously 1.47; renumbered 7/1/26-previously 1.48)
COURT COLLECTIONS PROGRAM 1.51 Court Collections (Effective 1/1/24; renumbered 7/1/24-previously 1.46; renumbered 1/1/25-previously 1.46; renumbered 7/1/25-previously 1.48; renumbered 7/1/26-previoulsy 1.49) 1.52 Overpayment on Criminal and Traffic Cases (Effective 7/1/25; renumbered 7/1/26-previously 1.50) 1.53 Payment Plans in Delinquent Criminal and Traffic Cases (Effective 7/1/26)
USE OF GENERATIVE ARTIFICIAL INTELLIGENCE IN COURT CASES 1.54 Definition of Generative Artificial Intelligence (Gen AI) (Effective 7/1/26) 1.55 Prohibition of Submission of Pleadings or Other Case Documents Unsing Gen AI (Effective 7/1/26) 1.56 Claim for Payment (Effective 1/1/99; amended 7/1/07; amended 1/1/09; renumbered 1/1/19-previously 19.11; repealed 7/1/19) Chapter 2: Civil Court Rules (Renamed 1/1/19) 2.1 Case Management Conferences (Effective 1/1/13; renumbered 1/1/19-previously 5.1; amended 1/1/21; amended 1/1/22; amended 1/1/23; amended 7/1/25) 2.2 Continuances (Effective 1/1/99; amended 1/1/03; amended 7/1/08; renumbered & amended 1/1/13-previously 8.1; renumbered 1/1/19-previously 5.2; amended 1/1/21; amended 7/1/22; amended 7/1/25) 2.3 The Pretrial Conference (Effective 1/1/13; renumbered 1/1/19-previously 5.3; amended 1/1/21) 2.3 Holidays (Effective 1/1/99; repealed 7/1/08) 2.4 Motions, Evidence or Other Trial Related Matters (Effective 1/1/21; amended 7/1/22; amended 1/1/25) 2.4 Presiding Judge and Assistant Presiding Judge (Effective 1/1/99; amended 1/1/03; repealed 7/1/08) 116
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2.4 Motions in Limine (Effective 1/1/13; renumbered 1/1/19-previously 5.4; amended 1/1/20; repealed 1/1/21) 2.5 Exhibits (Effective 1/1/13; renumbered 1/1/19-previously 7.2; renumbered 1/1/20-previously 2.19; renumbered & amended 1/1/21-previously 2.18; amended 7/1/24) 2.5 Duty to Prevent Bias (Effective 1/1/99; amended 7/1/04; repealed 7/1/08) 2.5 Additional Requirements for Pretrial Conference Prior to Civil Jury Trial (Effective 1/1/13; renumbered 1/1/19-previously 5.6; amended 7/1/19; repealed 1/1/21) 2.6 Tentative Rulings (Effective 7/1/12; renumbered& amended 1/1/13-previously 8.6; renumbered 1/1/19-previously 4.3; renumbered & amended 1/1/21-previoulsy 2.8; renumbered & amended 7/1/21-previously 2.7; amended 1/1/23; amended 1/1/25; amended 7/1/25) 2.6 Gender Neutral Language (Effective 1/1/99; repealed 7/1/08) 2.6 Parties Must Meet and Confer Prior to Filing Motion (Effective 1/1/99; amended 7/1/08; renumbered & amended 1/1/13-previously 8.2; amended 7/1/17; renumbered 1/1/19-previously 4.1; repealed 1/1/21) 2.6 Ex Parte Applications and Orders: Civil Harassment, Workplace Violence, Elder Abuse, School Violence or Gun Violence Restraining Orders (Reinstated & amended 1/1/11; amended 1/1/12; renumbered 1/1/13-previously 8.5; renumbered & amended 1/1/19-previously 4.2; renumbered and amended 1/1/21-previously 2.7; repealed 7/1/21) 2.7 Mandatory Settlement Conference (Effective 1/1/99; renumbered & amended 1/1/07-previously 222; renumbered & amended 1/1/08-previously 3.1380; amended 1/1/09; amended 1/1/10; renumbered 1/1/19-previously 6.1; renumbered & amended 1/1/21-previously 2.13; renumbered & amended 7/1/21-previously 2.8; amended 7/1/22; amended 7/1/23 amended 7/1/24; amended 7/1/25) 2.8 Electronic Service/Notification (CCP § 101.6) (Effective 1/1/25) 2.9 Prove Up Hearing for Default Judgment (Effective 7/1/24; renumbered 1/1/25-prevously 2.8) 2.9 Reporting of Law and Motion Matters (Effective 1/1/99; renumbered 1/1/13-previously 8.7; renumbered & amended 1/1/19-previously 4.5; amended 1/1/20; repealed 1/1/21) 2.10 Attorney as Witness in Jury Trial (Effective 1/1/13; renumbered 1/1/19-previously 7.3; renumbered 1/1/20-previously 2.20; renumbered 1/1/21-previously 2.18; renumbered 7/1/21-previously 2.9; renumbered 7/1/24- previosly 2.8; renumbered 1/1/25-prevously 2.9) 2.10 Reliance Upon Authorities Outside of California Official Reports (Effective 1/1/99; amended 1/1/07; amended 7/1/13; renumbered 7/1/13-previously 8.2; renumbered 1/1/19-previously 4.5; repealed 1/1/21) 2.10 CEQA Actions (Public Resources Code § 251000, et seq.) (Effective 1/1/21; repealed 7/1/21) 2.11 Submission and Lodging of Administrative Records (Effective 1/1/23; renumbered 7/1/24-previosly 2.9; renumbered 1/1/25-prevously 2.10) 2.11 Motions to Compel Entry of Judgment (Effective 1/1/99; renumbered & amended 7/1/08; renumbered 7/1/13-previously 8.4; renumbered 1/1/19-previously 4.6; repealed 1/1/21)
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2.12 Attorney Fee Schedule in a Default Action on a Note or Contract (Effective 7/1/25) 2.12 Unlawful Detainer – Dismissal (Effective 7/1/17; renumbered 1/1/19-previously 4.7; repealed 1/1/21)
SMALL CLAIMS 2.13 Service by Certified Mail (Effective 7/1/24; renumbered 1/1/25-prevously 2.11; renumbered 7/1/25-prevously 2.12) 2.13 Traversing the Well (Effective 1/1/99; amended 1/1/03; repealed 7/1/08) 2.14 Delay Reduction (Effective 7/1/24; renumbered 1/1/25-prevously 2.12; renumbered 7/1/25-prevously 2.32) 2.14 Duties of Party at Conference (Effective 1/1/99; renumbered 7/1/08-previously 6.4; renumbered 1/1/19-previously 6.2; repealed 1/1/21) 2.15 Examination from Counsel Table (Effective 1/1/99; repealed 7/1/08)
UNLAWFUL DETAINER ACTIONS 2.15 Trial Setting (Effective 7/1/26) 2.15 Waiver of Rules (Effective 1/1/99; renumbered & amended 7/1/08-previously 6.6; renumbered 1/1/19-previously 6.3; repealed 1/1/20) 2.15 Telephone Appearance at Mandatory Settlement Conference (Effective 1/1/10; renumbered 1/1/19-previously 6.4; renumbered 1/1/20-previously 2.16; repealed 1/1/21) 2.16 Jury Trial Fees (Effective 7/1/26) 2.16 Approaching a Witness (Effective 1/1/99; repealed 7/1/08) 2.16 Trial Briefs (Effective 1/1/10; renumbered 1/1/19-previously 6.4; renumbered 1/1/20-previously 2.17; repealed 1/1/21) 2.17 Stand to Object and Argue (Effective 1/1/99; repealed 7/1/08) 2.17 Trial Briefs, Motions and Jury Instructions Must be Exchanged at or Prior to Pretrial Conference (Effective 1/1/13; renumbered & amended 1/1/19-previously 7.1; amended 7/1/19; renumbered 1/1/20-previously 2.18; repealed 1/1/21) 2.18 Objections (Effective 1/1/99; repealed 7/1/08) 2.19 Smoking (Effective 1/1/99; repealed 7/1/08) 2.20 Where Filed (Effective 7/1/00; renumbered 1/1/19-previously 23.1; renumbered 1/1/20-previously 2.21; repealed 1/1/21) 2.21 Ordering the Administrative Record (Effective 7/1/00; renumbered 1/1/19-previously 23.2; renumbered 1/1/20-previously 2.22; repealed 1/1/21)
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2.22 Mediation
(Effective 7/1/00; renumbered 1/1/19-previously 23.3; renumbered 1/1/20-previously 2.23;
repealed 1/1/21)
2.23 Preparing the Administrative Record
(Effective 7/1/00; renumbered 1/1/19-previously 23.4; renumbered 1/1/20-previously 2.24;
repealed 1/1/21)
2.24 Format of the Administrative Record
(Effective 7/1/00; amended 1/1/03; renumbered 1/1/19-previously 23.5; renumbered 1/1/20-
previously 2.25; repealed 1/1/21)
2.25 Certifying and Lodging the Record
(Effective 7/1/00; amended 1/1/09; renumbered 1/1/19-previously 23.6; renumbered 1/1/20-
previously 2.26; repealed 1/1/21)
2.26 Disputes
(Effective 7/1/00; renumbered 1/1/19-previously 23.7; renumbered 1/1/20-previously 2.27;
repealed 1/1/21)
2.27 Notice of Hearing
(Effective 7/1/00; renumbered 1/1/19-previously 23.8; renumbered 1/1/20-previously 2.28;
repealed 1/1/21)
2.28 Briefing Schedule and Length of Memoranda
(Effective 7/1/00; renumbered & amended 1/1/07-previously 313(d); renumbered 1/1/19-
previously 23.9; renumbered 1/1/20-previously 2.29; repealed 1/1/21)
2.29 Settlement Meeting
(Effective 7/1/00; renumbered 1/1/19-previously 23.10; renumbered 1/1/20-previously 2.30;
repealed 1/1/21)
2.30 Trial Notebook
(Effective 7/1/00; renumbered 1/1/19-previously 23.11; renumbered 1/1/20-previously 2.31;
repealed 1/1/21)
Chapter 3: Criminal Court Rules (Renamed 1/1/19) 3.1 Request to Calendar (Effective 1/1/10; renumbered 1/1/19-previously 10.8; renumbered 7/1/19-previously 3.8; renumbered & amended 1/1/20-previously 3.7; amended 1/1/23) 3.1 Authority of Court Executive Regarding Settings (Effective 1/1/99; repealed 7/1/08) 3.1 Document Filing (Effective 7/1/09; amended 1/1/10; repealed 1/1/18) 3.1 Arraignment Effective 1/1/99; renumbered 7/1/08-previously 10.3; renumbered 1/1/19-previously 10.1; repealed 1/1/20) 3.2 Service on Probation Department for Defendants on Pre-Trial Services Prior to Adjudication (Effective 1/1/24) 3.2 No At Issue Memorandum Civil Cases (ACT) (Effective 1/1/99; repealed 7/1/08) 3.2 Case Assignment (Effective 7/1/09; amended 1/1/10; amended 1/1/11; amended 1/1/12; repealed 1/1/18) 3.2 Entry of Plea of Guilty or No Contest in Absentia (Effective 7/1/08; amended 1/1/17; renumbered 1/1/19-previously 10.2; repealed 7/1/19)
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3.2 Motions to Suppress Evidence (Effective 1/1/99; amended 1/1/03; renumbered & amended 7/1/08-previously 10.4; renumbered 1/1/19-previously 10.3; renumbered 7/1/19-previously 3.3; repealed 1/1/20) 3.3 Motions (Effective 1/1/20; renumbered 1/1/24-previously 3.2; amended 1/1/25) 3.3 Setting Cases for Trial (Effective 1/1/99; amended 1/1/03; repealed 7/1/08) 3.3 Discovery (Effective 1/1/99; renumbered & amended 7/1/08-previously 10.5; renumbered 1/1/19- previously 10.4; renumbered & amended 7/1/19-previously 3.4; repealed 1/1/20) 3.4 Conferences (Effective 1/1/20; amended 1/1/23; renumbered & amended 1/1/24-previously 3.3) 3.4 Requests for Changes in Trial Dates (Effective 1/1/99; repealed 7/1/08) 3.4 Pre-Preliminary Hearing Conference (Effective 1/1/99; renumbered & renamed 7/1/08-previously 10.7; renumbered 1/1/19-previously 10.5; renumbered 7/1/19-previously 3.5; repealed 1/1/20) 3.5 Preliminary Hearing as VOP Hearing (Effective 1/1/99; renumbered 7/1/08-previously 10.8; amended 1/1/10; renumbered 1/1/19- previously 10.6; renumbered 7/1/19-previously 3.6; renumbered 1/1/20-previously 3.5; renumbered 1/1/24-previously 3.4) 3.5 Stipulations Regarding Calendared Matters (Effective 1/1/99; repealed 7/1/08) 3.6 Verdict Forms, Special Interrogatories, and Jury Instructions (Effective 7/1/19; renumbered 1/1/20-previously 3.10; renumbered 1/1/24-previously 3.5) 3.6 Ex Parte Applications (Effective 1/1/11; repealed 1/1/12) 3.6 Pretrial Motions (Effective 1/1/99; amended 7/1/04; amended 1/1/10; renumbered 1/1/19-previously 10.7; renumbered 7/1/19-previously 3.7; repealed 1/1/20) 3.7 Sentencing (Effective 1/1/99; renumbered 7/1/08-previously 10.10; renumbered 1/1/19-previously 10.11; renumbered & amended 1/1/20-previously 3.11; amended 1/1/23; renumbered & amended 1/1/24-previously 3.6) 3.8 Community Service/Conversion of Fees and Fines (Effective 1/1/19; renumbered & amended 7/1/19-previously 3.13; renumbered 1/1/20-previously 3.14; amended 1/1/23; amended 1/1/24; amended 7/1/24; renumbered 7/1/26-previously 3.9) 3.8 Postponement of Surrender Date (Effective 7/1/19; renumbered 1/1/20-previously 3.12; amended 1/1/23; renumbered 1/1/24- previously 3.7; repealed 7/1/26) 3.8 Pretrial Conference (Effective 1/1/99; renumbered 7/1/08-previously 10.10; renumbered 1/1/19-previously 10.9; renumbered 7/1/19-previously 3.9; repealed 1/1/20) 3.9 Termination of Criminal Protective Orders Issued (Effective 7/1/19; renumbered 1/1/20-previously 3.15; amended 7/1/22; amended 1/1/23; amended 1/1/24; renumbered 7/1/26-previously 3.10) 3.9 Fee for Petition to Dismiss or Reduce Charges (Effective 1/1/18; renumbered 1/1/19-previously 10.12; renumbered 7/1/19-previously 3.12; renumbered & amended 1/1/20-previously 3.13; renamed & amended 1/1/21; amended 1/1/23; renumbered 1/1/24-previously 3.8; repealed 1/1/24)
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3.9 Motions in Limine
(Effective 7/1/08; renumbered 1/1/19-previously 10.10; renumbered & amended 7/1/19-
previoulsy 3.10; repealed 1/1/20)
3.10 Search Warrant (Effective 1/1/20; amended 1/1/23; renumbered 7/1/26-previously 3.11) 3.11 Request for Adult Probation Records (Effective 7/1/22; amended 1/1/24; renumbered 7/1/26-previously 3.12) 3.12 Authorization for Release of Adult Probation Records and Reports by Probation Department (Effective 1/1/24; renumbered 7/1/26-previously 3.13) 3.13 Petitions for Dismissal or Charge Reductions Pursuant to Penal Code §§ 17(b), 17(d), 1203.4, 1203.4a, 1203.41, 1203.43, and 1203.49 (Effective 7/1/24; renumbered 7/1/26-previously 3.14) 3.14 Documents Pertaining to Arraignment Made Available to the Public Defender Prior to Appointment (Effective 7/1/25; renumbered 7/1/26-previoulsy 3.15) Chapter 4: Family Court Rules (Renamed 1/1/19 4.1 Scope (Effective 1/1/17; renumbered 1/1/19-previously 15.1) 4.1 Objectives (Effective 1/1/99; repealed 7/1/08) 4.1 Designation Statement (Effective 1/1/99; repealed 1/1/13) 4.2 Family Law Case Management (Effective 1/1/17; renumbered 1/1/19-previously 15.3; renumbered & amended 7/1/19- previously 4.3; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23-previously 4.5; renumbered & amended 1/1/24; amended 7/1/25) 4.2 ACT Civil Case Management Rules (Effective 1/1/99; repealed 7/1/08) 4.2 Arbitration and Alternative Dispute Resolution (Effective 1/1/99; repealed 1/1/13) 4.3 Requests for Orders (Effective 1/1/17; amended 7/1/18; renumbered & amended-previously 15.4; renumbered & amended 7/1/19-previously 4.4; amended 1/1/20; amended 7/1/21; amended 7/1/22; renumbered & amended 1/1/23-previously 4.6; renumbered & amended 1/1/24-previously 4.5; amended 7/1/25; amended 7/1/26) 4.3 Disposition (Effective 1/1/99; repealed 7/1/08) 4.4 Ex Parte/Emergency Family Law Orders (Effective 7/1/21; amended 7/1/22; renumbered & amended-previously 4.7; renumbered & amended 1/1/24-previously 4.6; amended 7/1/25; amended 7/1/26) 4.4 Service of Process/Filing of Responsive Pleadings (Effective 1/1/99; repealed 7/1/08) 4.5 Supervised Visitation (Effective 7/1/21; renumbered 1/1/23-previously 4.8; renumbered & amended 1/1/24-previously 4.7; amended 7/1/24; amended 7/1/25) 4.5 Case Management (Effective 1/1/99; repealed 7/1/08)
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4.6 Child Custody and Visitation (Effective 1/1/17; renumbered & amended 1/1/19-previously 15.6; renumbered & amended 7/1/19-previoiusly 4.7; amended 1/1/20; amended 7/1/21; amended 1/1/22; amended 7/1/22; renumbered & amended 1/1/23-previously 4.9; renumbered & amended 1/1/24-previously 4.8; amended 7/1/25; amended 7/1/26) 4.6 Designation Statement (Effective 1/1/99; repealed 7/1/08) 4.7 Default or Uncontested Judgments (Effective 1/1/17; renumbered 1/1/19-previously 15.7; renumbered 7/1/19-previously 4.8; renumbered 1/1/23-previously 4.10; renumbered & amended 1/1/24-previously 4.9) 4.7 Short Cause Civil Cases (Effective 1/1/99; repealed 7/1/08) 4.7 Ex Parte/Emergency Family Law Orders (Effective 7/1/18; renumbered & amended 1/1/19-previously 15.5; renumbered 7/1/19- previously 4.5; amended 1/1/21; repealed 7/1/21) 4.8 Bifurcation of Matters (Effective 7/1/26) 4.8 Arbitration and Alternative Dispute Resolution (Effective 1/1/99; repealed 1/1/13) 4.8 Party Requesting Domestic Violence Restraining Order Must Appear at Domestic Violence Restraining Order Hearing (Effective 7/1/17; renumbered 7/1/18 previously 15.10; renumbered 1/1/19-previously 15.5.5; renumbered 7/1/19-previously 4.6; repealed 7/1/21) 4.9 Family Law Trials (Effective 1/1/17; renumbered & amended 1/1/19-previously 15.8; renumbered & amended 7/1/19-previously 4.9; amended 1/1/20; amended 7/1/21; renumbered & amended 1/1/23- previously 4.10; renumbered & amended 1/1/24-previously 4.10; amended 7/1/25; renumbered & amended 7/1/26-previously 4.8) 4.9 Settlement Conference (Effective 1/1/99; repealed 7/1/08) 4.10 Settlement Conference (Effective 1/1/17; renumbered & amended 1/1/19-previously 15.9; renumbered & amended 7/1/19-previously 4.10; renumbered & amended 1/1/23-previously 4.12; amended 7/1/23; renumbered & amended 1/1/24-previously 4.11; amended 7/1/25; renumbered 7/1/26-previously 4.9) 4.10 Attorney’s Compliance Statement (Effective 1/1/99; repealed 1/1/13) 4.11 Mandatory Requirements for Child Support Matters (Effective 1/1/25; amended 7/1/25; renumbered 7/1/26-previously 4.10) 4.11 Notice of Settlement or Stay (Effective 1/1/99; repealed 7/1/08) 4.12 Electronic Service/Notifications (CCP§ 1010.6) (Effective 1/1/25; amended 7/1/25; renumbered 7/1/26-previously 4.11) 4.12 Trial Setting, Settlement Conference and Pretrial Conferences (Effective 1/1/99; repealed 7/1/08) 4.12 Transportation of Inmates to Family Law Hearings (Effective 7/1/09; amended 1/1/10; amended 1/1/17; renumbered & amended 1/1/19-previously 11.2; renumbered 7/1/19-previously 4.11; renumbered & amended 1/1/23-previously 4.13; renumbered & amended 1/1/24-previously 4.12; renumbered 1/1/25-previously 4.10; repealed 7/1/25)
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4.13 Family Law Facilitator Complaint Procedure (Effective 7/1/19; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23-previously 4.3; renumbered & amended 1/1/24-previously 4.2; renumbered 1/1/25-previously 4.11; renumbered & amended 7/1/25-previously 4.13; renumbered 7/1/26-previously 4.12) 4.13 Failure to Comply with Local Rules or Order of the Court (Effective 1/1/99; repealed 7/1/08) 4.14 Family Law Facilitator Disqualification Procedure (Effective 7/1/19; amended 7/1/21; renumbered & amended 1/1/23-previously 4.4; renumbered & amended-previously 4.3; renumbered 1/1/25-previously 4.12; renumbered & amended 7/1/25- previously 4.14; renumbered 7/1/26-previously 4.13) 4.14 Petition for Temporary Legal Guardianship of a Child (Effective 1/1/23; repealed 1/1/24) 4.15 Family Law Mediator Complaint Procedure (Effective 1/1/24; renumbered 1/1/25-previously 4.14; renumbered & amended 7/1/25- previously 4.15; renumbered 7/1/26-previously 4.14) Chapter 5: Juvenile Court Rules (Renamed 1/1/19; introduction amended 1/1/22) 5.1 Judicial Administration (Effective 1/1/99; renumbered 1/1/19-previously 16.1; amended 1/1/23) 5.1 The Pretrial Conference (Effective 1/1/99; repealed 1/1/13) 5.2 Noticed Motions and Requests to Place Matter on Calendar (Effective 1/1/99; amended 7/1/04; renumbered 1/1/19-previously 16.2; amended 1/1/23; amended 1/1/24; amended 1/1/25) 5.2 Pretrial Statements (Effective 1/1/99; repealed 1/1/13) 5.3 Pre-hearing Discovery (Effective 1/1/99; amended 7/1/04; renumbered 1/1/07-previuosly 1620; amended 1/1/07; renumbered 1/1/10-previously 3.850; amended 1/1/17; renumbered & amended 1/1/19- previously 16.3; amended 1/1/23) 5.3 Form and Contents of Pretrial Statement (Effective 1/1/99; repealed 1/1/13) 5.4 Ex Parte Orders (Effective 1/1/99; amended 7/1/07; renumbered 1/1/19-previously 16.4; amended 1/1/23) 5.4 Pretrial Order (Effective – 1/1/99; repealed 1/1/13) 5.5 Attendance at Hearings (California Rules of Court rule 1610 (Effective 1/1/99; amended 7/1/05; renumbered 1/1/19-previously 16.5) 5.5 Objections to Proposed Testimony and Exhibits (Effective 1/1/99; repealed 1/1/13) 5.6 Pretrial Conference (No Statute) (No Court Rule) (Effective 1/1/199; amended 7/1/04; renumbered 1/1/19-previously 16.6; amended 1/1/24) 5.7 Access to Courtroom by Non-Parties (W&I 345, 346, 676) (Effective 1/1/99; amended 7/1/04; renumbered 1/1/19-previously 16.7; amended 1/1/23; amended 7/1/25) 5.8 Informal Exchange of Juvenile Records (Effective 1/1/99; renamed & amended 7/1/05; amended eff. 1/1/07; renumbered 1/1/10- previously 16.10; amended 7/1/18; renumbered & amended 1/1/19-previously 16.8; renumbered 1/1/22-previously 5.8; renumbered 7/1/22-previously 5.9; amended 1/1/23)
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5.8 Remote Appearance Policy for Juvenile Dependency Proceedings (Effective 1/1/22; repealed 7/1/22) 5.9 Release of Juvenile Records by Family & Children’s Services/Mendocino County Health & Human Services Agency (Effective 7/1/18; renumbered 1/1/19-previously 16.8.5; renumbered 1/1/22-previously 5.9; renumbered 7/1/22-previously 5.10; amended 1/1/23) 5.10 Medical Issues (Effective 1/1/99; amended 7/1/05; renumbered 1/1/10-previously 16.11; amended 7/1/18; renumbered 1/1/19-previously 16.9; renumbered 1/1/22-previously 5.10; renumbered 7/1/22- previously 5.11; amended 1/1/23) 5.11 Inspection of Law Enforcement Holding Facilities (Effective 1/1/99; renamed & amended 7/1/04; renumbered 1/1/10-previously 16.14; renumbered 1/1/18-previously 16.12; renumbered 1/1/19-previously 15.11; renumbered 1/1/22- previously 5.11; renumbered 7/1/22-previously 5.12) 5.12 Motion to Challenge Legal Sufficiency of Dependence Petition (Effective 1/1/99; renamed 7/1/04; renumbered 1/1/10-previously 16.16; renumbered 1/1/18- previously 16.14; renumbered 1/1/19-previously 16.11; renumbered 1/1/22-previously 5.12; renumbered 7/1/22-previously 5.13) 5.13 Paternity Findings (California Rules of Court rule 3.822) (Effective 1/1/99; renumbered & amended 1/1/07; amended 1/1/09; renumbered 1/1/10- previously 16.18; renumbered 1/1/18-previously 16.16; renumbered 1/1/19-previously 16.12; renumbered 1/1/22-previously 5.13; renumbered 7/1/22-previously 5.14; amended 1/1/23) 5.14 Representation of Parties (W&I 317-318, California Rules of Court rules 5.660 and 5.663) (Effective 1/1/99; renamed 7/1/04; amended 1/1/07; amended 1/1/09; renumbered 1/1/10- previously 16.19; renumbered 1/1/18-previously 16.17; renumbered 1/1/19-previously 16.13; renumbered 1/1/22-previously 5.14; renumbered 7/1/22-previously 5.15; amended 1/1/23) 5.15 Attorney Notice of Unavailability (Effective 7/1/24) 5.16 Modifications of Orders (W&I 386-388, 775-779) (Effective 1/1/99; subdivisions (a) & (b) repealed 7/1/04; renamed 7/1/04; amended 1/1/07; amended 1/1/09; renumbered 1/1/10 -previously 16.20; renumbered 1/1/18-previously 16.18; renumbered 1/1/19-previously 16.14; renumbered 1/1/22-previously 5.15; renumbered 7/1/22- previously 5.16; renumbered 7/1/24-previously 5.15) 5.17 Creation of Family Court Order in Juvenile Court (Effective 1/1/99; renumbered 1/1/10 -previously 16.21; renumbered 1/1/18-previously 16.19; renumbered 1/1/19-previously 16.15; renumbered 1/1/22-previously 5.16; renumbered 7/1/22- previously 5.17; amended 1/1/23; renumbered 7/1/24-previously 5.16) 5.18 Guardians Ad Litem (Effective 1/1/99; subdivisions (a)(2) & (3) repealed 7/1/04; subdivisions (c)(2) & (3) combined & renumbered 7/1/04; amended 1/1/10; renumbered 1/1/10 -previously 16.22; renumbered 1/1/18-previously 16.20; renumbered 1/1/19-previously 16.16; renumbered 1/1/22-previously 5.17; renumbered 7/1/22-previously 5.18; amended 1/1/23; renumbered 7/1/24-previoulsy 5.17) 5.19 Restitution Determination Procedures (W&I 730.6, 742) (Effective 7/1/05; renumbered 1/1/10 -previously 16.24; renumbered 1/1/18-previously 16.22; renumbered 1/1/19-previously 16.17; renumbered 1/1/22-previously 5.18; renumbered 7/1/22- previously 5.19; amended 1/1/23; renumbered 7/1/24-previously 5.18) 5.20 Interviewing Minors Who are Alleged Victims of Child Abuse (Effective 7/1/05; renumbered 1/1/10 -previously 16.25; renumbered 1/1/18-previously 16.22; renumbered 1/1/19-previously 16.18; renumbered 1/1/22-previously 5.19; renumbered 7/1/22- previously 5.20; amended 1/1/23; renumbered 7/1/24-previously 5.19)
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5.21 Court Appointed Special Advocate Program (CASA) (Effective 7/1/13; renumbered 1/1/18-previously 16.23; renumbered 1/1/19-previously 16.19; renumbered 1/1/22-previously 5.20; renumbered 7/1/22-previously 5.21; amended 1/1/23; renumbered 7/1/24-previously 5.20) 5.22 Request for Transcript of Confidential Proceedings (Effective 1/1/17; renumbered 1/1/18-previously 16.25; renumbered 1/1/19-previously 16.20; renumbered 1/1/22-previously 5.21; renumbered 7/1/22-previously 5.22; amended 1/1/23; renumbered 7/1/24-previously 5.21) 5.23 Transportation of Inmates to Juvenile Law Hearings (Effective 7/1/09; amended 1/1/10; amended 1/1/17; renumbered & amended 1/1/19-previously 11.3; renumbered 1/1/22-previously 5.22; renumbered 7/1/22-previously 5.23; amended 1/1/23; amended 1/1/24; renumbered 7/1/24-previously 5.22) Chapter 6: Probate Court Rules (Renamed 1/1/19) 6.1 Submission of Matter Without Appearance by Counsel or Witnesses (Effective 1/1/99; renumbered 1/1/19-previously 13.2; renumbered 1/1/22-previously 6.2) 6.1 Settlement Conferences (Effective 1/1/99; repealed 7/1/08) 6.1 Applicability of Rules (Effective 1/1/99; renumbered 1/1/19-previously 13.1; Repealed 1/1/22) 6.2 Ex Parte/Emergency Probate Guardianship Orders (Effective 7/1/21; renumbered 1/1/22-previously 6.14; amended 7/1/22; amended 1/1/23; amended 7/1/26) 6.2 Settlement Conference Procedures; Duties and Requirements of Counsel, Parties and Insurers (Effective 1/1/99; amended 7/1/05; repealed 7/1/08)
COMPROMISE OF CLAIMS OF MINORS AND INCOMPETENT PERSONS 6.3 Compromise of Claims (Effective 1/1/99; amended 1/1/00; amended 7/1/08; amended 1/1/09; amended 1/1/10; renumbered 1/1/19-previously 14.1; renumbered & amended 1/1/22-previously 6.15) 6.3 Nonresident Personal Representative to Furnish Bone (Effective 1/1/99; renumbered 1/1/19-previously 13.3; Repealed 1/1/22) 6.4 Attorney’s Fees for Compromise (Effective 1/1/99; renumbered 1/1/19-previously 14.2; renumbered & amended 1/1/22- previously 6.16) 6.4 Certificate of Death (Effective 1/1/99; renumbered 1/1/19-previously 13.4; Repealed 1/1/22) 6.5 Withdrawal of Funds (Effective 1/1/99; renumbered& amended 1/1/19-previously 14.3; renumbered & amended 1/1/22-previously 6.17) 6.5 Notice of Court upon Settlement; Return of Jury Fees (Effective 1/1/99; repealed 7/1/08) 6.5 Required Form of Accounts (Effective 1/1/99; amended 1/1/02; renumbered 1/1/19-previously 13.5; Repealed 1/1/22) 6.6 Appointment of Expert to Analyze Complex Accounts and Surcharge of Cost Against Representative (Effective 1/1/99; renumbered 1/1/19-previously 13.6; Repealed 1/1/22) 6.7 Allowance of Claims of Personal Representative (Effective 1/1/99; renumbered 1/1/19-previously 13.7; Repealed 1/1/22)
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6.8 Statement Regarding Bond on Inventory and Appraisal
(Effective 1/1/99; renumbered 1/1/19-previously 13.8; Repealed 1/1/22)
6.9 Inventory and Appraisal: Certificate Required Under Revenue and Taxation Code 480
(Effective 1/1/99; renumbered 1/1/19-previously 13.9; Repealed 1/1/22)
6.10 Order of Probate
(Effective 1/1/99; renumbered 1/1/19-previously 13.10; Repealed 1/1/22)
6.11 Instructions from the Court
(Effective 1/1/99 renumbered 1/1/19-previously 13.11; Repealed 1/1/22)
6.12 Duties and Liabilities Statement
(Effective 1/1/99; amended 1/1/09; renumbered 7/1/18 previously 13.13; renumbered 1/1/19-
previously 13.12; Repealed 1/1/22)
6.13 Fees of Attorneys and Fiduciaries
(Effective 1/1/99; renumbered 7/1/18 previously 13.14; renumbered & amended 1/1/19-
previously 13.13; Repealed 1/1/22)
6.14 Ex Parte/Emergency Probate Guardianship Orders
(Effective 7/1/18; renumbered & amended 1/1/19-previously 13.14; amended 1/1/21; repealed
7/1/21)
6.18 Ex Parte Applications
(Effective 1/1/12; renumbered 1/1/19-previously 14.4; repealed 7/1/21)
Chapter 7: Traffic Court Rules (Renamed 1/1/19) 7.1 Traffic Filings (Effective 1/1/99; renumbered 1/1/19-previously 18.1) 7.1 Proposed Judgments, Decrees and Orders in Uncontested Matters (Effective 1/1/99; repealed 7/1/08) 7.1 Filing and Service of Orders (Effective 1/1/99; renumbered 7/1/08-previously 7.2; repealed 1/1/13) 7.2 Adjudication of Miscellaneous Infraction Matters (Effective 1/1/20; amended 1/1/21; amended 1/1/23; amended 7/1/23; amended 1/1/24; amended 7/1/24; amended 1/1/25) 7.2 Forms of Documents Presented for Filing (Effective 1/1/99; repealed 1/1/13) 7.2 Continuance Policy (Effective 1/1/99; amended 7/1/08; renumbered 1/1/10-previously 18.4; amended 1/1/11; amended 1/1/12; renumbered 1/1/18-previously 18.3; renumbered 1/1/19-previously 18.2; repealed 1/1/20) 7.3 Traffic Violator School (Effective 1/1/99; amended & renumbered 1/1/07-previously 851; renumbered 1/1/10-previously 18.7; amended 1/1/12; renumbered 1/1/18-previously 18.4; renumbered 1/1/19-previously 18.3; amended 1/1/20; amended 7/1/23) 7.3 Entry of Court Orders in Minutes (Effective 1/1/99; repealed 7/1/08) 7.3 Orders for Examination (Effective 1/1/99; repealed 1/1/13) 7.4 Trial by Written Declaration (Effective 7/1/12; renumbered 1/1/18-previously 18.9; renumbered 1/1/19-previously 18.4; amended 1/1/20; amended 1/1/23) 7.4 Captions of Pleadings (Effective 1/1/99; repealed 7/1/08)
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7.5 Ability to Pay Program – Clerk Determinations (Effective 1/1/25) 7.5 Headings and Footers on Papers Identifying Parties and Papers; Amended Orders (Effective 1/1/99; repealed 7/1/08 7.6 Headings on Motions and Orders (Effective 1/1/99; repealed 7/1/08) 7.7 Pleadings and Records in Eminent Domain Actions and Actions for Foreclosure of Bonds and Assessments Involving More Than One Parcel of Property (Effective 1/1/99; repealed 7/1/08) 7.8 Forms of Documents Presented for Filing (Effective 1/1/99; repealed 1/1/13) 7.9 Presentation of Ex Parte Application (Effective 1/1/99; repealed 7/1/08) 7.10 Orders for Examination (Effective 1/1/99; repealed 1/1/13) 7.11 Order after Hearing and Notice of Entry of Judgment (Effective 1/1/99; repealed 7/1/08) 7.12 Withdrawal or Substitution of Attorney (Effective 1/1/99; repealed 7/1/08)
Chapter 8: Appellate Court Rules (Renamed 1/1/18; renamed 1/1/19) 8.1 Assignments (Effective 7/1/04; amended 7/1/08; renumbered 1/1/19-previously 24.1; amended 1/1/24) 8.2 Oral Arguments (Effective 7/1/04; renumbered 1/1/19-prevously 24.3; renumbered 1/1/24-previously 8.3) 8.2 Regular & Special Sessions (Effective 7/1/04; amended 7/1/08; renumbered 1/1/19-previously 24.2; repealed 1/1/24) 8.3 Briefs (Effective 1/1/04; renumbered & amended 1/1/07-previously 105; amended 7/1/08; amended 1/1/10; renumbered 1/1/19-previously 24.4; amended 1/1/23; renumbered 1/1/24-previously 8.4) 8.3 Law and Motion after Continuance of Trial Date and After Arbitration (Effective 1/1/99; repealed 7/1/08) 8.4 Clerks Transcript on Appeal – Limited Jurisdiction (Effective 7/1/12; renumbered 1/1/18-previously 24.9; renumbered 1/1/19-previously 24.5; amended 1/1/20; amended 1/1/23; renumbered & amended 1/1/24-previously 8.5; amended 7/1/24) 8.4 Relief from Local Rules (Effective 1/1/99; repealed 7/1/08) 8.5 Clerks Transcript on Appeal – General Jurisdiction (Effective 1/1/20; amended 1/1/23; renumbered & amended 1/1/24-previously 8.6) 8.5 Sanctions (Effective 1/1/99; repealed 7/1/08) 8.6 Extension of Time to File Reporter’s Transcript – Limited Jurisdiction (Effective 7/1/25)
Chapter 9: Blank (Renamed 1/1/18; repealed 1/1/19) 9.1 Scope, Purpose and Authority (Effective 1/1/99; repealed 7/1/08)
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9.2 Mandatory Arbitration
(Effective 1/1/99; repealed 7/1/08)
9.3 Administration
(Effective 1/1/99; repealed 7/1/08)
9.4 Arbitration Panel
(Effective 1/1/99; repealed 7/1/08)
9.5 Arbitration Conference
(Effective 1/1/99; repealed 7/1/08)
9.6 Arbitration Hearing List
(Effective 1/1/99; repealed 7/1/08)
9.7 Selection of Arbitrators
(Effective 1/1/99; repealed 7/1/08)
9.8 Arbitration Hearings
(Effective 1/1/99; repealed 7/1/08)
9.9 Awards, Dismissals and Requests for Trial
(Effective 1/1/99; repealed 7/1/08)
9.10 Settlement
(Effective 1/1/99; repealed 7/1/08)
Chapter 10: Criminal Court Rules (Renamed 1/1/18; repealed 1/1/19) 10.1 Applicability of Chapter (Effective 1/1/99; repealed 7/1/08) 10.2 Accusatory Pleadings (Effective 1/1/99; amended 7/1/05; repealed 7/1/08)
10.6 Transcripts of Taped Statements
(Effective 1/1/99; repealed 7/1/08)
10.11 Trial Conduct
(Effective 1/1/99; repealed 7/1/08)
Chapter 11: Telephonic Appearance, Facsimile Filings, and Requests to be Transported (Repealed 1/1/19) 11.4 Provision of “Court Copies” for Specified Court Hearings (Effective 7/1/09; amended 1/1/10; repealed 1/1/18)
Chapter 12: Jury Rules 12.1 Request for Jury Trial in Equity Case, Etc. (Effective 1/1/99; repealed 7/1/08) 12.5 Deposit and Refund of Jury Fees (Effective 1/1/99; repealed 7/1/08)
Chapter 13: Probate Court Rules (Renamed 1/1/18; repealed 1/1/19) 13.1.5 Assignment of Probate Cases (Effective 1/1/18; repealed 1/1/19) 13.12 General Instructions to Conservator/Guardian (Effective 1/1/99; repealed 7/1/18)) 13.15 Ex Parte Applications (Effective 1/1/12; repealed 7/1/18)
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Chapter 14: Compromise of Claims of Minors and Incompetent Persons (Renamed 1/1/18; repealed 1/1/19)
Chapter 15: Family Court Rules (Renamed 1/1/18; repealed 1/1/19) 15.5 Ex Parte Applications (Effective 1/1/17; repealed 7/1/18) 15.5.5 Assignment of Family Law Cases (Effective 1/1/18; repealed 1/1/19)
Chapter 16: Juvenile Court Rules (Effective 1/1/99; amended 7/1/05; renumbered & amended 1/1/07-previously 1400-1497; repealed 1/1/19) 16.8 Release of Information Relating to Juveniles (Welfare and Institutions Code sections 827, 828; California Rules of Court rule 5.552) (Effective 1/1/99; amended 1/1/99; subdivision (b)(1) and (b)(2) repealed 7/1/04; renamed & amended 7/1/04; amended 7/1/05; repealed 1/1/10) 16.9 Release of Information Relating to Juveniles by Law Enforcement (Effective 1/1/99; repealed 1/1/10) 16.12 Law Enforcement Contact with Minors under Juvenile Court Supervision (Effective 1/1/99; repealed 7/1/04) 16.13 Line-ups (Effective 1/1/99; repealed 7/1/04)
16.15 De Facto Parents/Relations/Interested Persons (Effective 1/1/99; repealed 7/1/04 16.17 Presentation of Evidence (Effective 1/1/99; repealed 7/1/04) 16.23 Relating to Child Advocates (Effective 1/1/99; repealed 7/1/04)
Chapter 17: Blank (Repealed 1/1/19) 17.1 Small Claims Procedures (Effective 1/1/99; repealed 7/1/08) 17.2 Continuances (Effective 1/1/99; repealed 7/1/08)
Chapter 18: Traffic Court Rules (Repealed 1/1/19) 18.2 Pretrial Appearances (Effective 1/1/99; amended 7/1/08; repealed 1/1/10) 18.2 Counter Arraignments (Effective 1/1/99; amended 7/1/08; renumbered 1/1/10-previously 18.3; repealed 1/1/16) 18.5 Trial Procedures (Effective 1/1/99; repealed 1/1/10) 18.6 Appeals (Effective 1/1/99; amended 7/1/04; renumbered & amended 1/1/07-previously 8.780 & 8.791; repealed 1/1/10) 129
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18.8 Trial by Declaration
(Effective 1/1/99; amended 7/1/04; repealed 1/1/10)
Chapter 19: Fees of Attorneys, Investigators, and Experts (Repealed 1/1/19)
Chapter 20: Court Reporters and Interpreters (Repealed 1/1/19) 20.3 Reporter Fees – Civil Proceedings (Effective1/1/99; amended 7/1/08; amended 1/1/12; amended 1/1/13; repealed 1/1/19)
Chapter 21: Trial Jury Services (Repealed 1/1/19)
Chapter 22: Court Executive Officer (Renamed 7/1/18; repealed 1/1/19) 22.1 Duties of Court Executive Officer (Effective 1/1/99: amended 1/1/03; renumbered 1/1/07-previously 6.650; renumbered & combined 1/1/07-previously 10.610 & 10.670; amended 1/1/07; repealed 7/1/18) 22.2 County Clerk Powers, Duties and Responsibilities to be Exercised and Performed by the Executive Officer (Effective 1/1/99; amended 7/1/08; repealed 7/1/18) 22.3 Duties Delegated to the Executive Officer (Effective 1/1/99; repealed 7/1/18) 22.4 Delegation of Duties (Effective 1/1/99; repealed 7/1/18)
Chapter 23: Actions Arising Under the California Environmental Quality Act Mandate Actions Under Public Resources Code Section 21000, et seq. (CEQA) (Repealed 1/1/19)
Chapter 24: Appellate Court Division (Repealed 1/1/19 24.5 Calendar & Notice or Hearing (Effective 7/1/04; renumbered & amended 1/1/07-previously 103; repealed 1/1/10) 24.6 Motions (Effective 7/1/04; repealed 7/1/08) 24.6 Dismissal (Effective 7/1/04; renumbered & amended 1/1/07-previously 190; renumbered & amended 7/1/08- previously 24.7; repealed 1/1/10) 24.7 Misdemeanor, Traffic and Limited Civil Court Records (Effective 7/1/04; renumbered 7/1/08-previously 24.8; repealed 1/1/10) 24.8 Use of Recordings to Facilitate Settlement of Statements (Effective 7/1/04; renumbered & amended 7/1/08-previously 24.9; repealed 1/1/10)
Chapter 25: Emergencies and Evacuations (Effective 7/1/04; amended 7/1/08; repealed 1/1/19)
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Superior Court of California, County of Mendocino Chapter 26: Photographing or Recording Court Proceedings (Effective 7/1/04; repealed 1/1/19) 26.1 Photographing and Media Coverage (Effective 7/1/04; renumbered & amended 1/1/07; amended 7/1/08; amended 1/1/15; repealed 1/1/19) 26.2 Filming Jurors (Effective 7/1/04; repealed 1/1/19) 26.3 Photographing and Media Coverage in Other Areas of Courthouse (Effective 7/1/04; renumbered & amended 1/1/07; amended 1/1/15; amended 1/1/16; repealed 1/1/19) 26.4 Violations (Effective 7/1/04; renumbered 1/1/07; amended 1/1/07; repealed 1/1/19)
Chapter 27: Blank (Repealed 1/1/19) 27.1 Check Cashing (Effective 7/1/05; amended 1/1/07; amended 7/1/08; amended 1/1/11; repealed 7/1/11)
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Alphabetical Index
TOPIC RULES PAGES A Ability to Pay Program – Clerk Determination 7.5 106 Access to Courtroom by Non-Parties (W&I 345, 346, 676) (Juvenile) 5.7 83 Adjudication of Miscellaneous Infraction Matters 7.2 103 Administration of the Courts 1.3 1 Appellate Court Rules CH 8 107 Regular & Special Sessions 8.1 107 Oral Argument 8.2 107 Briefs 8.3 107 Clerk’s Transcript on Appeal – Limited Jurisdiction 8.4 107 Clerk’s Transcript on Appeal – General Jurisdiction 8.5 107 Extension of Time to File Reporter’s Transcript – Limited 8.6 108 Jurisdiction Application for Waiver of Court Fees 1.8 11 Areas in Court Facilities Where Media Activities are Authorized 1.47 40 Assistance for Self-Represented Litigants 1.22 25 Attendance at Hearings (Cal. Rules of Court, rule 1610) (Juvenile) 5.5 83 Attorney as Witness in Jury Trial 2.10 54 Attorney Fees Heading 29 Attorney Fee Schedule in a Default Action on a Note or a Contract 2.12 55 Attorney’s Fees and Representative’s Fees for Extraordinary Services in 1.36 32 Probate Proceedings or in any Probate Matter Where a Statutory Fee is not Established Attorney fees for Compromise 6.4 111 Attorney’s Notice of Unavailability (Juvenile) 5.15 93 Authorization for Release of Adult Probation Records and Reports by 3.12 63 Probation Department B Bifurcation of Matters (Family) 4.8 76 Body Worn Cameras 1.49 41 Briefs (Appellate) 8.3 107 C Case Initiation and Assignment 1.6 3 Case Management (Civil) 2.1 45 Case Research 1.23 25
INDEX - 1
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Superior Court of California, County of Mendocino
TOPIC RULES PAGES Ceremonial Events 1.48 40 Child Custody and Visitation 4.6 71 Citation 1.1 1 Civil Court Rules CH 2 45 Case Management Conferences 2.1 45 Continuances 2.2 46 The Pretrial Conference 2.3 27 Motions, Evidence or Other Trial-Related Matters 2.4 50 Exhibits 2.5 50 Tentative Rulings 2.6 51 Mandatory Settlement Conferences (Civil) 2.7 52 Electronic Service/Notification (CCP § 1010.6) 2.8 53 Prove Up Hearing for Default Judgments 2.9 54 Attorney as Witness in Jury Trial 2.10 54 Submission and Lodging of Administrative Issue 2.11 54 Attorney Fee Schedule in Default Action on a Note or Contract 2.12 55 Small Claims Heading 55 Service by Certified Mail 2.13 55 Delay Reduction 2.14 55 Unlawful Detainer Actions Heading 56 Trial Setting 2.15 56 Jury Trial Fees 2.16 57 Claim for Payment Heading 36 Claim For Payment 1.42 37 Clerk's Transcript on Appeal – General Jurisdiction 8.4 107 Clerk's Transcript on Appeal – Limited Jurisdiction 8.5 107 Communications to Court or Jury 1.5 2 Community Service/Conversion of Fees and Fines 3.8 61 Compromise of Claims of Minors and Incompetent Persons Heading 100 Compromise of Claims 6.3 100 Conferences (Criminal) 3.4 59 Continuances (Civil) 2.2 46 Court Appointed Attorneys: Standards of Experience, Allowable Fees, and 1.35 29 Expenses Court Appointed Special Advocate Program (CASA) 5.21 96 Court Collections 1.51 43 Court Collections Program Heading 43 Court Reporter Rules Heading 27 Court Security Heading 41
INDEX - 2
Page 144¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Court Security 1.50 41 Courtroom Conduct 1.4 2 Creation of a Family Court Order in Juvenile Court 5.17 94 Criminal Court Rules CH 3 58 Request to Calendar 3.1 58 Service on Probation Department for Defendants on Pre-Trial 3.2 58 Services Prior to Adjudication Motions 3.3 58 Conferences 3.4 59 Preliminary Hearing as VOP Hearing 3.5 60 Verdict Forms, Special Interrogatories, and Jury Instructions 3.6 60 Sentencing 3.7 60 Community Service/Conversion of Fees and Fines 3.8 61 Termination of Criminal Protective Orders Issued 3.9 61 Search Warrant 3.10 62 Requests for Adult Probation Records 3.11 62 Authorization for Release of Adult Probation Records and Reports 3.12 63 by Probation Department Petitions for Dismissal of Charge Reductions Pursuant to Penal 3.13 64 Code §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.43, and 1203.49 Documents Pertaining to Arraignment Made Available to the Public 3.14 64 Defender Prior to Appointment D Default or Uncontested Judgments (Family) 4.7 75 Deferment of an Excusal from Jury Service 1.30 27 Definition of Generative Artificial Intelligence (Gen AI) 1.54 44 Delay Reduction 2.14 55 Dismissal of Civil or Family Law Actions: No Proof of Service 1.19 24 Documents Pertaining to Arraignment Made Available to the Public 3.14 64 Defender Prior to Appointment E Electronic Filing of Court Ordered Transcripts 1.33 28 Electronic Service/Notification (CCP § 1010.6) (Civil) 2.8 53 Electronic Service/Notification (CCP § 1010.6) (Family) 4.12 79 Ex Parte/Emergency Orders Applications 1.15 20 Ex Parte/Emergency Family Law Orders 4.4 69 Ex Parte/Emergency Probate Guardianship Orders 6.2 99 Ex Parte Orders (Juvenile) 5.5 82 Exhibits (Civil) 2.5 50 INDEX - 3
Page 145¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Extension of Time to File Reporter’s Transcript – Limited Jurisdiction 8.6 108 F Failure to Appear for Jury Duty When Summoned 1.28 26 Failure to Comply with Local Rules or Orders of the Court 1.2 1 Family Law Case Management 4.2 65 Family Court Rules CH 4 65 Scope 4.1 65 Family Law Case Management 4.2 65 Requests for Orders (RFO’s) 4.3 66 Ex Parte/Emergency Family Law Orders 4.4 69 Supervised Visitation 4.5 70 Child Custody and Visitation 4.6 71 Default or Uncontested Judgments 4.7 75 Bifurcation of Matters 4.8 76 Family Law Trials 4.9 77 Settlement Conferences 4.10 77 Mandatory Requirements for Child Support Matters 4.11 78 Electronic Service/Notification (CCP § 1010.6) 4.12 79 Family Law Facilitator Complaint Procedure 4.13 80 Family Law Facilitator Disqualification Procedure 4.14 80 Family Law Mediator Complaint Procedure 4.15 80 Family Law Facilitator Complaint Procedure 4.13 80 Family Law Facilitator Disqualification Procedure 4.14 80 Family Law Mediator Complaint Procedure 4.15 80 Family Law Trials 4.9 77 Fees and Commission Fixed by Court Prior to Payment 1.37 33 Fees in Guardianship or Conservatorship Investigations 1.40 35 Filing of Documents 1.8 5 G GENERAL COURT RULES CH 1 1 General Rules Heading 1 Citation 1.1 1 Failure to Comply with Local Rules or Orders of the Court 1.2 1 Administration of the Courts 1.3 1 Courtroom Conduct 1.4 2 Communications to Court or Jury 1.5 2 Case Initiation and Assignment 1.6 3
INDEX - 4
Page 146¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Parties Represented by Counsel May Not File Their Own Pleadings 1.7 5 or Other Documents Filing of Documents 1.8 5 Application for Waiver of Court Fees 1.9 11 Remote Appearances by Persons with Mobility Issues 1.10 12 Remote Proceedings 1.11 12 Remote Proceedings in Criminal Matters 1.12 15 Remote Proceedings in Civil and Family Law Matters 1.13 16 Remote Proceedings in Juvenile Dependency Matters 1.14 19 Ex Parte/ Emergency Orders Applications 1.15 20 Obtaining Copies of Exhibits or Viewing Exhibits 1.16 23 Return of Exhibits: Civil, Family Law, and Probate 1.17 23 Order to Show Regarding Dismissal of Pending Civil or Family 1.18 23 Law Actions Dismissal of Civil or Family Law Actions: No Proof of Service 1.19 24 Transfer of Cases: All Case Types 1.20 24 Payment in Coin 1.21 24 Assistance for Self-Represented Litigants 1.22 25 Research Heading 25 Case Research 1.23 25 Jury Rules Heading 25 Responsibility of Citizens 1.24 25 Jury Commissioner 1.25 26 Jury Selection Boundaries and Lists 1.26 26 Prior Jury Service 1.27 26 Failure to Appear for Jury Duty when Summoned 1.28 26 No Requests for Transfer of Jury Services Prior to Jury Voir Dire 1.29 26 Deferment of and Excusal from Jury Service 1.30 27 Court Reporter Rules Heading 27 Provision of Court Reporters 1.31 27 Use of Electronic Recording 1.32 28 Electronic Filing of Court Ordered Transcripts 1.33 28 Interpreter Rules Heading 29 Requests for Interpreters 1.34 29 Attorney Fees Heading 29 Court Appointed Attorneys: Standards of Experience, Allowable 1.35 29 Fees, and Expenses Attorney’s Fees and Representative’s Fees for Extraordinary 1.36 32 Services in Probate Proceedings or in any Probate Matter Where a Statutory Fee is not Established
INDEX - 5
Page 147¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Guardian and Conservator Fees Heading 33 Fees and Commission Fixed by Court Prior to Payment 1.37 33 Guardianship and Conservatorship Fees 1.38 34 Investigation and Expert Fees Heading 34 Investigation Fees and Expenses 1.39 34 Fees in Guardianship or Conservatorship Investigations 1.40 35 Non-Psychiatric Expert Fees and Expenses 1.41 36 Claim for Payment Heading 36 Claim for Payment 1.42 37 Use of Electronic Devices or Cameras for Making Photographs, Heading 38 Videotapes, or Audio Recordings in the Courthouse Media Coverage 1.43 38 Requests for Photography, Videotaping, or Audio Recording 1.44 38 Use of Handheld Electronic Devices, Photography, Videotaping, 1.45 39 and Audio Recording Devices Prohibited Coverage 1.46 40 Areas in Court Facilities Where Media Activities are Authorized 1.47 40 Ceremonial Events 1.48 40 Body Worn Cameras 1.49 41 Court Security Heading 41 Court Security 1.50 41 Court Collections Program Heading 43 Court Collections 1.51 43 Overpayment on Criminal and Traffic Cases 1.52 43 Payment Plans in Delinquent Criminal and Traffic Cases 1.53 43 Use of Generative Artificial Intelligence in Court Cases Heading 44 Definition of Generative Artificial Intelligence (Gen AI) 1.54 44 Prohibition of Submission of Pleadings or Other Case Documents 1.55 44 Using Gen AI Guardians Ad Litem 5.18 94 Guardians and Conservator Fees Heading 33 Guardianship and Conservatorship Fees 1.38 34 H History Table Heading 109 I Informal Exchange of Juvenile Records 5.8 84 Inspection of Law Enforcement Holding Facilities 5.11 89 Interpreter Rules Heading 29
INDEX - 6
Page 148¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Interviewing Minors Who Are Alleged Victims of Child Abuse 5.20 96 Investigation and Expert Fees Heading 34 Investigation Fees and Expenses 1.39 34 J Judicial Administration (Juvenile) 5.1 81 Jury Rules Heading 25 Jury Commissioner 1.25 26 Jury Selection Boundaries and Lists 1.26 26 Jury Trial Fees (Unlawful Detainer) 2.16 57 Juvenile Court Rules CH 5 81 Judicial Administration 5.1 81 Noticed Motions and Requests to Place Matter on Calendar 5.2 81 Pre-hearing Discovery 5.3 82 Ex Parte Orders 5.4 82 Attendance at Hearings (Cal. Rules of Court, rule 1610) 5.5 83 Pretrial Conference (No Statute) (No Court Rule) 5.6 83 Access to Courtroom by Non-Parties (W & I §§ 345, 346, 676) 5.7 83 Informal Exchange of Juvenile Records 5.8 84 Release of Juvenile Records by Family & Children’s 5.9 86 Services/Mendocino County Health & Human Services Agency Medical Issues 5.10 88 Inspection of Law Enforcement Holding Facilities 5.11 89 Motion to Challenge Legal Sufficiency of Dependency Petition 5.12 89 Paternity Findings (Cal Rules of Court, Rule 3.822) 5.13 90 Representation of Parties (W & I Code §§ 317-218, CRC 5.66, 5.14 90 5.663) Attorney Notification of Unavailability 5.15 93 Modification of Orders (W & I Code §§ 386-388, 775-779) 5.16 93 Creation of a Family court Order in Juvenile Court 5.17 94 Guardians Ad Litem 5.18 94 Restitution Determination Procedures (W&I § 730.6, 742) 5.19 95 Interviewing Minors Who Are Alleged Victims of Child Abuse 5.20 96 Court Appointed Special Advocate Program (CASA) 5.21 96 Request for Transcript of Confidential Proceeding 5.22 98 Transportation of Prisoners to Juvenile Law Hearings 5.23 98 K
INDEX - 7
Page 149¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES L List of Local Forms (by Name) Heading 105 List of Local Forms (by Number) Heading 106 List of Judicial Council Forms (by Name) Heading 107 List of Judicial Council Forms (by Number) Heading 109 M Mandatory Requirements for Child Support Matters 4.11 78 Mandatory Settlement Conferences (Civil) 2.7 52 Media Coverage 1.43 38 Medical Issues 5.10 88 Modifications of Orders (Juvenile) 5.16 93 Motions, Evidence, or Other Trial-Related Matters (Civil) 2.4 50 Motions (Criminal) 3.3 58 Motion to Challenge Legal Sufficiency of Dependency Petition 5.12 89 N No Requests for Transfer of Jury Service Prior to Jury Voir Dire 1.29 26 Non-Psychiatric Expert Fees and Expenses 1.41 36 Noticed Motions and Requests to Place Matter on Calendar (Juvenile) 5.2 81 O Obtaining Copies of Exhibits or Viewing Exhibits 1.16 23 Oral Argument (Appellate) 8.2 107 Order to Show Regarding Dismissal of Pending Civil or Family Law 1.18 23 Actions Overpayment on Criminal and Traffic Cases 1.52 43 P Parties Represented by Counsel May not File their own Pleadings or other 1.7 5 Documents Paternity Findings (Cal. Rules of Court, Rule 3.822) 5.13 90 Payment in Coin 1.21 24 Payment Plans in Delinquent Criminal and Traffic Cases 1.53 43 Petitions for Dismissal of Charge Reductions Pursuant to Penal Code §§ 3.13 64 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.43, and 1203.49 Pre-hearing Discovery (Juvenile) 5.3 82 Preliminary Hearing as Violation of Probation Hearing 3.5 60 Pretrial Conference (Civil) 2.3 47 Pretrial Conference (No Statute) (No Court Rule) (Juvenile) 5.9 83
INDEX - 8
Page 150¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Prior Jury Service 1.27 26 Probate Court Rules CH 6 99 Submission of Matter without Appearance by Counsel or Witness 6.1 99 Ex Parte/Emergency Probate Guardianship Orders 6.1 99 Compromise of Claims of Minors and Incompetent Person Heading 100 Compromise of Claims 6.3 100 Attorney’s Fees for Compromise 6.4 101 Withdrawal of Funds 6.5 101 Prohibited Coverage 1.46 40 Prohibition of Submission of Pleadings or Other Case Documents Using 1.55 44 Gen AI Prove Up Hearing for Default Judgments 2.9 54 Provision of Court Reporters 1.31 27 Q R Regular & Special Sessions (Appellate) 8.1 107 Release of Juvenile Records by Family & Children’s Services/Mendocino 5.9 86 County Health & Human Services Agency Remote Appearances by Persons with Mobility Issues 1.10 12 Remote Proceedings 1.11 12 Remote Proceedings in Criminal Matters 1.12 15 Remote Proceedings in Civil and Family Law Matters 1.13 16 Remote Proceedings in Juvenile Dependency Matters 1.14 19 Representation of Parties (W & I §§ 317-318, CRC 5.660, 5.663) 5.14 90 Requests for Adult Probation Records 3.11 62 Requests for Interpreters 1.34 29 Request for Orders (RFOs) 4.3 66 Request for Transcript of Confidential Proceedings (Juvenile) 5.22 98 Requests for Photography, Videotaping or Audio Recording 1.44 38 Request to Calendar (Criminal) 3.1 58 Research Heading 25 Responsibility of Citizens 1.24 25 Restitution Determination Procedures (W&I § 730.6, 742) 5.19 95 Return of Exhibits: Civil, Family Law, and Probate 1.18 23 S Scope (Family Law) 4.1 65 Search Warrant 3.10 62
INDEX - 9
Page 151¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES Sentencing 3.7 60 Service by Certified Mail 2.13 55 Service on Probation Department for Defendants on Pre-Trial Services 3.2 58 Prior to Adjudication Settlement Conferences (Family) 4.10 77 Small Claims Heading 55 Submission and Lodging of Administrative Records 2.11 54 Submission of Matter Without Appearance by Counsel or Witnesses 6.1 99 Supervised Visitation 4.5 70 T Tentative Rulings 2.6 51 Termination of Criminal Protective Orders Issued 3.9 61 Traffic Filings 7.1 103 Traffic Court Rules CH 7 103 Traffic Filings 7.1 103 Adjudication of Miscellaneous Infraction Matters 7.2 103 Traffic Violator School 7.3 105 Trial by Written Declaration 7.4 106 Ability to Pay – Clerk Determination 7.5 106 Traffic Violator School 7.3 105 Transfer of Cases: All Case Types 1.20 24 Transportation of Inmates to Juvenile Law Hearings 5.23 98 Trial Setting (Unlawful Detainer) 2.15 56 Trial by Written Declaration 7.4 106 U Unlawful Detainer Actions Heading 56 Use of Electronic Devices or Cameras for Making Photographs, Heading 38 Videotapes, or Audio Recordings in the Courthouse Use of Generative Artificial Intelligence in Court Cases Heading 44 Use of Electronic Recording 1.32 28 Use of Handheld Electronic Devices, Photography, Videotaping, and 1.45 39 Audio Recording Devices V Verdict Forms, Special Interrogatories, and Jury Instructions (Criminal) 3.6 60 W Withdrawal of Funds 6.5 101
INDEX - 10
Page 152¶
Superior Court of California, County of Mendocino
TOPIC RULES PAGES X Y Z
INDEX - 11