Sonoma — Local Rules Effective January 2022

Sonoma — Local Rules Effective January 2022¶

Source: https://sonoma.courts.ca.gov/system/files/localrulesjanuary2022.pdf

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Superior Court of California

County of Sonoma

Local Rules of Court

Effective January 1, 2022

Superior Court Administration 600 Administration Drive Santa Rosa, CA 95403 (707) 521-6501 http://sonoma.courts.ca.gov

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The Judicial Officers and Court Executive Officer of the Superior Court of California, County of Sonoma January 1, 2022

Honorable Shelly Averill, Presiding Judge

Honorable Robert LaForge, Assistant Presiding Judge

Honorable Kenneth J. Gnoss, Presiding Judge - Juvenile Court

Honorable Christopher Honigsberg, Supervising Judge – Criminal Div.

Honorable James G. Bertoli, Supervising Judge - Family Law Div.

Honorable Patrick Broderick, Supervising Judge – Civil Div.

Honorable Bradford DeMeo

Honorable Jennifer V. Dollard

Honorable Virginia Marcoida

Honorable Gary Nadler

Honorable Karlene M. Navarro

Honorable Lawrence E. Ornell

Honorable Peter Ottenweller

Honorable Troye K. Shaffer

Honorable Dana Beernink Simonds

Honorable Mark Urioste

Honorable Arthur A. Wick

Honorable Kenneth English, Commissioner

Honorable Paul Lozada, Commissioner

Honorable Laura Passaglia, Commissioner

Honorable Becky Rasmason, Commissioner

Honorable Anthony Wheeldin, Commissioner

Arlene D. Junior, Court Executive Officer

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TABLE OF CONTENTS AND

LIST OF RULES EFFECTIVE AS OF 01/01/2022

RULE 1 ORGANIZATION...................................................................................................................... 6

RULE 2 RULES APPLICABLE TO SMALL CLAIMS CASES AND TO UNLAWFUL DETAINER CASES ................................................................................................................... 8 2.1 SMALL CLAIMS CASES ........................................................................................................... 8 2.2 UNLAWFUL DETAINER CASES ............................................................................................. 8

RULE 4 RULES APPLICABLE TO ALL CIVIL CASES ................................................................. 12 4.1 DIFFERENTIAL CASE MANAGEMENT ............................................................................... 12 4.2 ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES AND CASE MANAGEMENT CONFERENCE ...................................................................................................................... 13 4.3 APPLICATION TO EXTEND TIME[REPEALED] .................................................................... 13 4.3 JUDICIAL ARBITRATION ...................................................................................................... 13 4.4 ORDERS TO SHOW CAUSE ................................................................................................... 14 4.5 SANCTIONS ............................................................................................................................. 14 4.6 MANDATORY SETTLEMENT CONFERENCE .................................................................... 14 4.7 JURY DEMAND ....................................................................................................................... 15 4.8 TRIAL AND TRIAL-RELATED MOTIONS ........................................................................... 15 4.9 PRETRIAL MATTERS AND COMMENCEMENT OF TRIAL[REPEALED] .......................... 15 4.10 VOIR DIRE [REPEALED] ........................................................................................................... 15 4.11 DISPOSITION OF FICTITIOUS DEFENDANTS (CROSS-DEFENDANTS) [REPEALED] .... 15 4.12 TEMPORARY JUDGE (PRO TEM) TRIALS .......................................................................... 16 4.13 DISCOVERY FACILITATOR PROGRAM ............................................................................. 16 4.14 READINESS CONFERENCE [REPEALED] .............................................................................. 18 4.15 MATTERS AFFECTED BY BANKRUPTCY .......................................................................... 19 4.16 DEMURRER FACILITATOR PROGRAM .............................................................................. 19 4.17 POST-TRIAL MATTERS ......................................................................................................... 21 4.18. WRITS OF MANDATE CHALLENGING GOVERNMENT APPROVALS AND CEQA MATTERS ............................................................................................................................. 21

RULE 5 RULES APPLICABLE TO CIVIL LAW AND MOTION PROCEEDINGS .................... 24 5.1 SCHEDULING .......................................................................................................................... 24 5.2 ORDER OF EXAMINATION CALENDAR ............................................................................. 24 5.3 CONTINUANCES ..................................................................................................................... 25 5.4 MEET AND CONFER CONFERENCE .................................................................................... 25 5.5 HEARINGS, TENTATIVE RULINGS AND ORAL ARGUMENTS ....................................... 26 5.6 EX PARTE APPLICATIONS .................................................................................................... 26 5.7 TRANSCRIPTS OF ADMINISTRATIVE RECORDS ............................................................. 27 5.8 ORDERS AFTER HEARING OR UPON EX PARTE MOTION ............................................. 27

RULE 6 RULES APPLICABLE TO PROBATE PROCEEDINGS .................................................. 28 6.1 INTRODUCTION...................................................................................................................... 28 6.2 CALENDAR AND PROCEDURAL MATTERS ...................................................................... 28 6.3 RULES REGARDING DECEDENTS’ ESTATES ................................................................... 37 6.4 CONSERVATORSHIPS AND GUARDIANSHIPS ................................................................. 39 6.5 COMPENSATION OF FIDUCIARIES AND ATTORNEYS ................................................... 46 6.6 BONDS ...................................................................................................................................... 48 6.7 SALES OF REAL PROPERTY ................................................................................................. 50

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6.8 TRUST PETITIONS .................................................................................................................. 51

RULE 7 RULES APPLICABLE TO DEFAULT, UNCONTESTED, AND COMPROMISE PROCEEDINGS ...................................................................................................................... 52 7.1 DEFAULT CALENDAR ........................................................................................................... 52 7.2 PROCEDURE ............................................................................................................................ 52 7.3 ATTORNEY’S FEES IN DEFAULT PROCEEDINGS ............................................................ 52

RULE 8 RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS ................................... 54 8.1 CRIMINAL COURTS: ASSIGNMENT OF CASES ................................................................. 54 8.2 VIOLATION OF PROBATION ................................................................................................ 54 8.3 PROTECTION OF CONFIDENTIAL PERSONAL INFORMATION ..................................... 54 8. 4 CRIMINAL PRETRIAL LAW AND MOTION ........................................................................ 55 8.5 PRETRIAL DISCOVERY[REPEALED] ..................................................................................... 56 8.6 APPOINTMENT AND PAYMENT OF COUNSEL IN CONFLICT CASES .......................... 56 8.7 APPOINTMENT OF SECOND COUNSEL .............................................................................. 57 8.8 EX PARTE APPLICATIONS FOR ORDERS ........................................................................... 57 8.9 CONTINUANCES ..................................................................................................................... 57 8.10 COURT SYSTEM ...................................................................................................................... 58 8.11 ARRAIGNMENTS .................................................................................................................... 58 8.12 CALENDARING SYSTEM ...................................................................................................... 58

RULE 9 RULES APPLICABLE TO FAMILY LAW PROCEEDINGS ........................................... 60 9.1 APPLICATION [REPEALED] ..................................................................................................... 60 9.1 CASE ASSIGNMENT ............................................................................................................... 60 9.3 SANCTIONS IN RESPECT TO RULES ................................................................................... 60 9.4 FAMILY LAW FACILITATOR ................................................................................................ 61 9.5 COLLABORATIVE LAW CASES ........................................................................................... 62 9.6 APPEARANCE BY TELEPHONE ........................................................................................... 63 9.7 ACCEPTANCE OF HANDWRITTEN PLEADINGS .............................................................. 65 9.8 LIMITED LEGAL REPRESENTATION [REPEALED] ............................................................. 65 9.9 DOCUMENTS NOT TO BE FILED WITH THE COURT ........................................................ 65 9.10 CASE RESOLUTION CONFERENCE ..................................................................................... 65 9.11 DOMESTIC VIOLENCE RESTRAINING ORDERS (FAMILY CODE §§ 6200-6389) ......... 66 9.12 EX PARTE/EMERGENCY FAMILY LAW ORDERS ............................................................ 67 9.13 DOMESTIC AND CHILD SUPPORT CALENDARS .............................................................. 69 9.14 CHILD CUSTODY .................................................................................................................... 72 9.15 CHILD SUPPORT ..................................................................................................................... 80 9.16 PUBLIC ASSISTANCE............................................................................................................. 81 9.17 PREPARATION OF ORDERS AFTER HEARING .................................................................. 82 9.18 REVIEW HEARINGS ............................................................................................................... 83 9.19 LAW AND MOTION MATTERS ............................................................................................. 83 9.20 FAMILY LAW SETTLEMENT CONFERENCES ................................................................... 86 9.21 CHILD CUSTODY SETTLEMENT CONFERENCES ............................................................ 88 9.22 APPOINTMENT OF SPECIAL MASTER, APPRAISERS, EXPERTS (NON CUSTODY) ... 89 9.23 TRIAL AND EVIDENTIARY HEARINGS ............................................................................. 89 9.24 CHILD CUSTODY TRIALS ..................................................................................................... 91 9.25 ADOPTIONS ............................................................................................................................. 91 9.26 JUDGMENTS ............................................................................................................................ 93 9.27 SERVICE BY POSTING ........................................................................................................... 94 9.29 DELIVERY OF COURTESY COPIES ..................................................................................... 94 9.30 REQUESTS FOR SPECIAL IMMIGRANT JUVENILE FINDINGS:...................................... 95

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RULE 10 RULES APPLICABLE TO JUVENILE COURT PROCEEDINGS .................................. 96 10.1 ABBREVIATIONS .................................................................................................................... 96 10.2 JUVENILE CALENDARS ........................................................................................................ 96 10.3 RULES OF PROCEDURE AND STANDING ORDERS ......................................................... 96 10.4 ATTENDANCE AT HEARINGS (CRC, RULE 5.530) AND OTHER PROCEEDINGS ........ 97 10.5 COUNSEL OF RECORD AND SELF-REPRESENTED PARTIES (DEPENDENCY PROCEEDINGS)........................................................................................................................ 97 10.6 PRE-HEARING DISCOVERY ................................................................................................. 97 10.7 NOTICED MOTIONS – (DEPENDENCY PROCEEDINGS) ........................................................... 98 10.8 REQUESTS FOR EX PARTE ORDERS ................................................................................... 98 10.9 APPLICATIONS FOR TEMPORARY RESTRAINING ORDERS ......................................... 99 10.10 REFERRALS TO OTHER COURTS ........................................................................................ 99 10.11 CONTINUANCES ..................................................................................................................... 99 10.12 ATTORNEY COMPETENCE (DEPENDENCY PROCEEDINGS) ............................................... 100 10.13 STANDARDS OF REPRESENTATION (DEPENDENCY PROCEEDINGS) ............................... 102 10.14 REPRESENTATION OF PARTIES OTHER THAN MINORS (DEPENDENCY PROCEEDINGS)...................................................................................................................... 102 10.15 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS (DEPENDENCY PROCEEDINGS)...................................................................................................................... 103 10.16 REQUESTS TO WITHDRAW (DEPENDENCY PROCEEDINGS)............................................... 103 10.17 RELEASE OF INFORMATION RELATING TO JUVENILES ............................................. 104 10.18 LOCAL RULES RELATING TO CHILD ADVOCATES ...................................................... 108 10.19 MEDICAL ISSUES ................................................................................................................. 112 10.20 REQUESTS FOR MODIFICATION (DEPENDENCY PROCEEDINGS) ..................................... 114 10.21 ACCESS TO MINORS IN DEPENDENCY PROCEEDINGS ............................................... 116 10.22 MEDIATION IN DEPENDENCY PROCEEDINGS .............................................................. 116 10.23 SETTLEMENT CONFERENCES IN DEPENDENCY PROCEEDINGS .............................. 117 10.24 GUARDIANS AD LITEM (DEPENDENCY PROCEEDINGS) ..................................................... 117 10.25 VISITATION (DEPENDENCY PROCEEDINGS) .......................................................................... 117 10.26 TRIAL HOME VISITS (DEPENDENCY PROCEEDINGS) ........................................................... 118 10.27 EXIT CUSTODY ORDERS (DEPENDENCY PROCEEDINGS) ................................................... 119 10.28 15-DAY REPORTS (DEPENDENCY PROCEEDINGS) ................................................................ 119 10.29 BONDING STUDY (DEPENDENCY PROCEEDINGS) ................................................................ 120 10.30 PRISONER TRANSPORT ORDERS (DEPENDENCY PROCEEDINGS) .................................... 121 10.31 REQUESTS FOR TRANSCRIPTS.......................................................................................... 122 10.32 ACCESS TO COURTROOM BY NON-PARTIES ................................................................. 122 10.33 NOTICE AND REQUEST TO ATTEND COURT PROCEEDINGS (DELINQUENCY PROCEEDINGS)...................................................................................................................... 122 10.34 REQUEST FOR COMPUTER ACCESS TO JUVENILE CASE MANAGEMENT SYSTEM .............................................................................................................................. 122 10.35 USE OF CAMERAS OR RECORDING EQUIPMENT (DEPENDENCY PROCEEDINGS) ........ 122 10.36 FOREIGN CONSULATES (DEPENDENCY PROCEEDINGS) .................................................... 123 10.37 APPEARANCE BY TELEPHONE (DEPENDENCY PROCEEDINGS) ........................................ 123 10.38 COURT APPOINTED COUNSEL COMPENSATION (602 AND 300) .................................. 123

RULE 11 RULES APPLICABLE TO APPELLATE DIVISION PROCEEDINGS ........................ 124 11.1 LIMITED CIVIL CASES ......................................................................................................... 124 11.2 MISDEMEANOR CRIMINAL CASES .................................................................................. 125 11.3 TRAFFIC CASES .................................................................................................................... 126 11.4 BRIEFS .................................................................................................................................... 127 11.5 ORAL ARGUMENT ............................................................................................................... 127

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11.6 PETITIONS FOR WRITS OF MANDATE AND PROHIBITION ......................................... 127 11.7 PETITIONS FOR WRITS OF SUPERSEDEAS...................................................................... 128

RULE 12 SUPERIOR COURT COMMISSIONER ............................................................................ 130 12.1 APPOINTMENT...................................................................................................................... 130 12.2 GENERAL AUTHORITY ....................................................................................................... 130 12.3 ASSIGNMENTS AS TEMPORARY JUDGE ......................................................................... 130 12.4 DUTIES AS COMMISSIONER .............................................................................................. 131

RULE 13 RULES APPLICABLE TO TRIAL JURY SERVICE ...................................................... 132 13.1 COURT POLICY GOVERNING GRANTING OF EXCUSES .............................................. 132 13.2 DUTY OF CITIZENSHIP ........................................................................................................ 132 13.3 JURORS TO BE SELECTED AT RANDOM ......................................................................... 132 13.4 DISCRIMINATION PROHIBITED IN SELECTING JURORS ............................................. 132 13.5 SOURCE LISTS OF JURORS ................................................................................................. 132 13.6 COMPILATION OF MASTER JURY LIST ........................................................................... 133 13.7 QUALIFIED JURORS ............................................................................................................. 133 13.8 REQUESTS TO BE EXCUSED .............................................................................................. 134 13.9 POSTPONEMENT OF JURY SERVICE ................................................................................ 135 13.10 FAILURE TO APPEAR FOR JURY DUTY WHEN SUMMONED....................................... 135 13.11 PERIOD OF SERVICE ............................................................................................................ 136 13.12 CONTACT WITH TRIAL JURORS ....................................................................................... 136 13.13 RECORDS COMPILED AND MAINTAINED ...................................................................... 136 13.14 PROSPECTIVE JURORS IN CIVIL CASES .......................................................................... 136

RULE 14 RULE PROHIBITING SMOKING IN COURT FACILITIES ......................................... 138

RULE 15 RULES APPLICABLE TO CIVIL GRAND JURY SERVICE ........................................ 140 15.1 COMBINED GRAND JURY ................................................................................................... 140 15.2 APPLICATION PROCESS ..................................................................................................... 140 15.3 INTERVIEWS OF PROSPECTIVE GRAND JURORS .......................................................... 140 15.4 IMPANELMENT OF THE GRAND JURY ............................................................................ 140 15.5 ADDITIONAL TERM OF SERVICE ...................................................................................... 140

RULE 16 RULES APPLICABLE TO ALTERNATIVE DISPUTE RESOLUTION (ADR)........... 142 16.1 POLICY STATEMENT ........................................................................................................... 142

RULE 17 APPLICATIONS FOR EX PARTE ORDERS ................................................................... 142 17.1 CIVIL ....................................................................................................................................... 142 17.2 UNLAWFUL DETAINER ....................................................................................................... 142 17.3 CRIMINAL .............................................................................................................................. 142 17.4 JUVENILE ............................................................................................................................... 142 17.5 FAMILY LAW ........................................................................................................................ 143 17.6 PROBATE ............................................................................................................................... 143 17.7 UNAVAILABILITY OF ASSIGNED JUDGE ........................................................................ 143 17.8 CIVIL PROTECTIVE ORDERS ............................................................................................. 143

RULE 18 RULES APPLICABLE TO FILING AND GENERAL PROCEDURE ........................... 145 18.1 PROCEEDINGS WITH A FEE WAIVER ............................................................................... 145 18.6 CONFORMING COPIES ........................................................................................................ 145 18.7 PREPAID, SELF-ADDRESSED ENVELOPES REQUIRED................................................. 145 18.8 TIME AND DATE MUST BE SHOWN [REINSTATED] .......................................................... 145 18.9 LOCAL FORMS ...................................................................................................................... 145 18.11 RESTRICTIONS ON OVER-THE-COUNTER FILINGS ...................................................... 146

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18.14 PROCEDURE FOR BACKGROUND CHECKS .................................................................... 147 18.16 VOLUNTARY E-SERVICE .................................................................................................... 147 18.17 FEE FOR RETRIEVING FILES FROM STORAGE .............................................................. 147 18.18 FEE FOR CREATION OF COMPACT DISC FROM ELECTRONIC RECORDING ........... 147 18.20 ELECTRONIC RECORDS ...................................................................................................... 149 18.21 FORMAT OF DOCUMENTS SUBMITTED FOR FILING ................................................... 149 18.22 MANDATORY ELECTRONIC FILING ............................................................................... 149 18.23 LIMITATIONS ON ELECTRONIC FILINGS ....................................................................... 149 18.24 ELECTRONIC FILING SERVICE PROVIDERS .................................................................. 150 18.25 ELECTRONIC FILING DATES AND TIMES ...................................................................... 150 18.26 ELECTRONICALLY FILED PROPOSED ORDERS AND ORDERS AFTER HEARING . 150 18.27 ELECTRONIC SERVICE ....................................................................................................... 151

RULE 19 EXECUTIVE OFFICER-CLERK OF THE SUPERIOR COURT ................................... 151 19.1 EXECUTIVE OFFICER DUTIES ........................................................................................... 151

RULE 20 HOURS OF BUSINESS ......................................................................................................... 154

RULE 21 RULES APPLICABLE TO MEDIA COVERAGE ............................................................ 156 21.1 INTRODUCTION.................................................................................................................... 156 21.2 MEDIA REQUESTS ................................................................................................................ 156 21.3 LIMITATIONS ON COVERAGE OF COURT FACILITIES OR LOCATIONS ................... 156

RULE 23 RULES APPLICABLE TO TRAFFIC INFRACTIONS ................................................... 160 23.1 TRIAL BY DECLARATION .................................................................................................. 160 23.2 EXHIBITS ............................................................................................................................... 160

RULE 24 COMMUNICATION AMONG CRIMINAL, FAMILY AND JUVENILE COURTS .... 162 24.1 REQUIREMENT OF COURTS ISSUING CUSTODY AND/OR VISITATION ORDERS .. 162 24.2 REQUIREMENT OF COURTS ISSUING CRIMINAL PROTECTIVE ORDERS ................ 162 24.3 MODIFICATION OF CRIMINAL PROTECTIVE ORDER................................................... 162 24.4 LANGUAGE OF CUSTODY AND PARENTING PLAN ORDERS: .................................... 163

RULE 25 RULES APPLICABLE TO THE COURT’S COURTROOM DRESS AND DECORUM POLICY ............................................................................................................ 164

INDEX.……….….........................................................................................................................................174

List of Sonoma County Local Forms in Numerical Order and Alphabetical Order…...…….....…….178

List of Currently Effective Rules with Effective and Revised Dates ….…….........................................183

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RULE 1 ORGANIZATION

1.1 Pursuant to Government Code §70200, there is one unified Superior Court for the County of Sonoma which is divided into a criminal division, a family law division, and a civil division which are governed by the following rules:

Rule 2 Rules Applicable to Small Claims Case and to Unlawful Detainer Cases
Rule 4 Rules Applicable to All Civil Cases
Rule 5 Rules Applicable to Civil Law and Motion Proceedings
Rule 6 Rules Applicable to Probate Proceedings
Rule 7 Rules Applicable to Default, Uncontested, and Compromise Proceedings
Rule 8 Rules Applicable to Criminal Trial Proceedings
Rule 9 Rules Applicable to Family Law Proceedings
Rule 10 Rules Applicable to Juvenile Court Proceedings
Rule 11 Rules Applicable to Appellate Division Proceedings
Rule 12 Superior Court Commissioner
Rule 13 Rules Applicable to Trial Jury Service
Rule 14 Rule Prohibiting Smoking in Court Facilities
Rule 15 Rules Applicable to Grand Jury Service
Rule 16 Rules Applicable to Alternative Dispute Resolution (ADR)
Rule 17 Applications for Ex Parte Orders
Rule 18 Rules Applicable to Filing and General Procedure
Rule 19 Executive Officer- Clerk of the Superior Court
Rule 20 Hours of Business
Rule 21 Rules Applicable to Media Coverage
Rule 23 Rules Applicable to Traffic Infractions
Rule 24 Communication Among Criminal, Family and Juvenile Courts
Rule 25 Rules Applicable to the Court’s Courtroom Dress and Decorum Policy

(Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2011, 1/1/2021)

1.2 In the event of any inconsistency between these rules and any California statute or any of the rules in the California Rules of Court, the latter statute and/or rule shall control. (Eff. 1/1/1997; Rev. 1/1/2001)

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RULE 2 RULES APPLICABLE TO SMALL CLAIMS CASES AND TO UNLAWFUL DETAINER CASES

2.1 SMALL CLAIMS CASES

A. Identification of Authorized Agent for Service

If plaintiff requests, and pays for, the clerk to provide service upon defendant(s) pursuant to Code of
Civil Procedure §116.340(a)(1) and one or more of the defendants is a business, plaintiff shall
include the names(s) and address(es) of the authorized agent(s) for service, identified as such, in
parentheses beneath the name of each defendant business.

B. Law and Motion

All law and motion matters in small claims actions shall be scheduled as designated by the Civil
Division Supervising Judge. Hearing dates may be obtained as indicated in Rule 5.1.B herein.

C. Trial Setting

A trial date will be assigned by the clerk upon the filing of the Plaintiff’s Claim.

Small Claims matters are heard by judges pro tempore pursuant to stipulation of the parties. Where
parties are unwilling to so stipulate, the matter will be reassigned for hearing, on a different date and
at a different time, before a judge or court commissioner.

D. Exhibits after Trial

Upon the conclusion of the trial, the Clerk’s Office will not accept additional exhibits for the Court’s
consideration unless specifically requested by the Court at the time of trial. Exhibits introduced in a
small claims case will be destroyed in sixty (60) calendar days following the final determination of
the action unless return is personally requested by the litigant.

E. Appeals

Small claims appeals will be heard as designated by the Supervising Judge of the Civil Division.

Upon the filing of a notice of appeal and payment of the required filing fees, the Clerk’s Office will
schedule a trial de novo.

(Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2021)

2.2 UNLAWFUL DETAINER CASES

It is the policy of this Court that neither a property manager nor a lease holder can file an unlawful

detainer complaint on behalf of the property owner. Corporations, as well as property managers, need attorneys at law to appear in Superior Court.

If the clerk, inadvertently files a complaint brought by a management company or corporation in pro per, the clerk is ordered to refuse to enter defendant's default or to enter a clerk's judgment for

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possession unless and until the management company or corporation substitutes in an attorney of
record.

A. Trial Setting

1. When a case is ready for trial any party to the action (by and through their
attorney of record if represented) may file and serve a request to set the time of the trial
which shall include the following trial information:

a. Time estimate for trial in hours or days;
b. Whether or not a jury is requested;
c. Whether there has/have been any previous request(s) for trial and the
file date(s), if any; and
d. Whether or not an official court reporter is requested at trial.

2. Any party may (by and through their attorney of record, if represented),
following notice of a request to set the time of the trial and not less than five
(5) calendar days prior to the date set for trial, separately demand trial by jury.
Such demand shall state whether there has been a previous request for trial and
the file date (if known), whether or not an official court reporter is requested at
trial, and may include a separate time estimate for trial. Failure to deposit jury
fees at least five (5) days prior to the date set for trial shall constitute a waiver of jury trial
pursuant to Code of Civil Procedure §631.

3. Unlawful Detainer actions shall be assigned directly for trial by the clerk and
without the appearance of counsel.

B. When an unlawful detainer becomes an ordinary civil case and plaintiff has filed an
amended complaint, the clerk shall re-designate the case and it shall proceed as a general
civil case in either the limited or unlimited jurisdiction, as appropriate.

C. Default and Compromise

1. Presentation of Default Judgment

Pursuant to Code of Civil Procedure §585(d), any default judgment may be proven
upon proper presentation of declarations or affidavits without appearance of the
party seeking default judgment or the necessity of scheduling a hearing, unless after
reviewing the application the Court requests otherwise.

2. Time Frames for Presentation of Defaults

Requests to enter default and default judgments are to be presented to the Court or the clerk when applicable no later than 90 calendar days from the filing of the complaint. If no default judgment or order granting an extension of time is on file by the 90th day from the filing of the complaint, the unlawful detainer action will be dismissed, upon the Court’s own motion, without prejudice.

3. Disposition of Fictitious Defendants (Cross-Defendants)

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All unnamed parties (unknown defendants as described in Code of Civil Procedure
§474) must be disposed of, i.e., dismissed with or without prejudice, prior to entry
of final judgment. Failure to comply may result in any judgment being returned
unsigned or in the issuance of an order to show cause entailing possible sanctions.

D. Law and Motion

All law and motion matters in unlawful detainer actions shall be scheduled on the Unlawful
Detainer Law & Motion Calendar as designated by the Supervising Judge of the Civil
Division. Hearing dates may be obtained as indicated in Rule 5.1.A herein. No tentative
rulings will be made available for matters on this calendar.

E. Schedule of Attorney’s Fees

Rule 7.3 of these rules is inapplicable to unlawful detainer actions because the gravamen of
the complaint is possession and because Code of Civil Procedure §1169 applies. Only the
Court can enter money judgments, including attorney fees, in unlawful detainer actions.
Generally, where attorney fees are due, the Court will fix them at $300.00 for default
judgments and $375.00 for court trials absent satisfactory proof to the Court that the
difficulty, risk, course of negotiations, necessary discovery, etc., justify a higher award.

F. Stipulations for Entry of Judgment

Any stipulation between parties that sets terms and conditions for settlement of an unlawful
detainer action must include:

1. A statement, pursuant to California Rules of Court, Rule 3.1385, that plaintiff will
file a Request for Dismissal, Entire Action, either within 45 days of the date of the
filing of the stipulation or upon some other specified date;

2. A place for the court to set a review date at which the parties may appear if the
terms and conditions are not met and upon which the Court may dismiss if the
parties fail to appear and the plaintiff has not filed a Request for Dismissal as
required by F(1) above;

3. If the stipulation is presented for Court approval prior to the trial date and the
parties do not intend to appear at trial, an order dropping the case from the trial
calendar;

4. A clear and concise statement of the ex parte application, opposition, and order
process by which remedies are available to either party in the event of a default on
any of the terms and conditions of the stipulation. The clerk will not enter judgment
upon declaration of the judgment creditor.

The use of Judicial Council Form UD-115 entitled “Stipulation for Entry of Judgment” may be used. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 7/1/2008, 1/1/2021)

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RULE 4 RULES APPLICABLE TO ALL CIVIL CASES

4.1 DIFFERENTIAL CASE MANAGEMENT

A. The following rules are adopted to advance the goals of the Trial Court Delay Reduction
Act set forth in Government Code sections 68603, et seq., and addressed by sections 2.1 and
2.2 of the Standards of Judicial Administration and California Rules of Court, rules 3.710 et
seq., all incorporated herein by reference. It is the intent of this court that these rules satisfy
the court's obligations under the Trial Court Delay Reduction Act, and the requirement of
the California Rules of Court that the court adopt local rules on differential case
management consistent with the California Rules of Court and the Standards of Judicial
Administration.

1. Upon the filing of every complaint the clerk shall provide to the plaintiff Notice of
the Case Management Conference, and information on how to obtain an ADR
packet, which plaintiff is required to serve with the complaint;

2. Any party who adds a party to the proceeding must inform the new party of any
pending dates set by the court including a pending case management conference
date, a pending settlement conference date and a pending trial date.

3. Requests to continue a Case Management Conference must be set forth in the Case
Management Conference Statement;

4. When a party to a case dies, the attorney for that party shall promptly serve and file
a notice with the court;

B. All general civil cases shall be deemed to be cases subject to California Rules of Court, Rule
3.714(b)(1) or (2), based on the amount in controversy, unless otherwise requested in a Case
Management Statement (Judicial Council form CM-110) filed by counsel or any self-
represented party and thereafter ordered by the court.

C. Unless a separate management plan is defined in the California statutes or in the California
Rules of Court, Unlawful detainer actions and Injunctive proceedings pursuant to Code of
Civil Procedure shall be placed in the local case management plan for disposition within six
months.

D. Uninsured and Underinsured Motorist Actions. At the time the complaint or petition is filed, or within 30 days after discovering that the case is an uninsured or underinsured motorist case, plaintiff /petitioner shall file an ex parte application with a supporting declaration and proposed order requesting that the case be designated as an uninsured or underinsured motorist case. To allow for arbitration of the plaintiff/petitioner’s claim, the Civil Case Management Rules do not apply to a case designated by the court as “Uninsured Motorist” or “Underinsured Motorist” as defined in Government Code section 68609.5 and Insurance Code section 11580.2 until 180 days from the date of the designation. The clerk’s office shall set a Case Management Conference on the earliest available CMC calendar after 180 days from the designation of the case as an uninsured or underinsured case.

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All other civil actions identifiable on the Civil Case Cover Sheet (Judicial Council form #CM-010) under the headings of Judicial Review, Enforcement of Judgment, or Miscellaneous Civil Petition, shall be placed in the local case management plan for disposition within nine months.(Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 1/1/2008, 7/1/2011, 1/1/2014, 7/1/14, 1/1/15, 1/1/16; 7/1/16).

4.2 ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES AND CASE MANAGEMENT CONFERENCE

A. In every general civil case, at the time of filing a complaint, by order of the Presiding Judge,
the Clerk of the Court will issue a Notice of Assignment of Case to One Judge for All
Purposes and Notice of Case Management Conference. The Notice will include the name of
the Assigned Judge and the date, time and location of the Case Management Conference. A
copy of the Notice must be served with the summons and complaint, and with any cross-
complaint.

B. Tentative Rulings: Three (3) court days preceding each scheduled Case Management
Conference calendar, the Assigned Judge or his/her designee will cause to be recorded a
tentative ruling for any cases set on the Case Management Conference calendar. The
tentative ruling may be obtained by telephoning (707) 521-6606 or on the court’s website at
www.sonoma.courts.ca.gov. The tentative ruling will become the ruling of the court at the
conference unless any party desiring to be heard so advises the judicial assistant in the
Assigned Judge’s chambers no later than 24 hours before the scheduled conference and also
notifies all parties or their attorneys. Appearances will be required or dispensed with by the
court as indicated in the tentative rulings. Where appearances are required by the court, or
no tentative ruling is indicated on a case, then all principal trial counsel and self-represented
parties shall appear at the conference at the time scheduled in any notice, order to show
cause, or as otherwise directed by the court.

(Eff. 1/1/1997; Rev. 1/1/2003, 7/1/2004, 1/1/2014, Repealed 1/1/2016, Eff. 7/1/19; Rev. 1/1/2022)

4.3 APPLICATION TO EXTEND TIME[Repealed] Rule 4.3 repealed effective January 1, 2016; adopted effective January 1, 1997; previously amended January 1, 2003, July 1, 2004 and January 1, 2014.

4.3 JUDICIAL ARBITRATION

Pursuant to Code of Civil Procedure §§1141.11(b)-(d) and 1141.12(b) and California Rules of
Court, rule 3.810, all of the following actions shall be subject to arbitration.

A. All limited civil cases unless exempted by California Rules of Court, rule 3.811.

B. All unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff unless exempted by California Rules of Court, rule 3.811.

C. Upon stipulation (parties may use the Stipulation and Order Referring Matter to Alternative
Dispute Resolution (Sonoma County form CV-7) of any action regardless of the amount in
controversy.

D. Upon filing of an election by a plaintiff, any action in which the plaintiff agrees that the
arbitration award shall not exceed $50,000.00 as to any plaintiff.

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Pursuant to Code of Civil Procedure §1010.6(a)(6), the Sonoma County Superior Court will allow service of the Notice of Appointment of Arbitrator upon the arbitrator if the arbitrator has given written consent to the Arbitration Administrator for service in such a manner.

All arbitrations shall be governed by and shall proceed in accordance with the Code of Civil Procedure §§1141.10 - 1141.31 and California Rules of Court, rules 3.810 - 3.830. (Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2007, 1/1/2014, 1/1/2016)

4.4 ORDERS TO SHOW CAUSE

A. Each case included by this Rule will be reviewed for compliance with these rules, and
orders to show cause may be issued for failure to comply.

B. Orders to Show Cause will be scheduled on calendars at such times and places as designated
by the Assigned Judge.

C. In the afternoon two (2) court days preceding the Order to Show Cause hearing,
commencing at 2:00 p.m., the Assigned Judge or his/her designee will cause to be recorded
a tentative ruling of any case set on the Order to Show Cause calendar. The tentative ruling
may be obtained by telephoning (707) 521-6606 or www.sonoma.courts.ca.gov. (Eff.
1/1/1997; Rev. 7/1/2004, 1/1/2016, 7/1/19, 1/1/2022)

4.5 SANCTIONS

Failure to comply with these rules may result in the imposition of sanctions.

In the event that any attorney, any party represented by counsel, or any party appearing in pro per fails to comply with any of the requirements of, or orders made, pursuant to Rules 2, 4, 5, 7 or 9, or the California Rules of Court, the Court may impose sanctions upon motion of a party or on its own motion. Sanctions may be imposed pursuant to Government Code Section 68609(d); Code of Civil Procedure Sections 128.5, 128.7, 177.5, 575.2, and California Rules of Court, Rule 2.30.

Unless otherwise ordered, any monetary sanctions imposed by the Court shall be paid forthwith and payable to the Sonoma County Superior Court. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 7/1/2008, 1/1/2016)

4.6 MANDATORY SETTLEMENT CONFERENCE

At the discretion of the Assigned Judge a mandatory settlement conference shall be held in all cases set for trial. These settlement conferences shall be at such times and places as designated by the Assigned Judge.

Not later than five (5) court days before the date set for the settlement conference, each party shall do the following: Deliver their Settlement Conference Statement directly to the pro tem panelist(s); lodge the original with the appropriate Court Settlement Conference Coordinator; and serve a copy on opposing counsel. Settlement conference statements shall be available to the court. At the conclusion of the settlement conference, the pro tem panelist(s) shall make a report to the court as to whether the case settled, and, if not, the last settlement offer(s) and demand(s), the likelihood of settlement, any identifiable obstacles to settlement, and other matters as requested by the court.

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The date, time, and location of the settlement conference must be typed on the first page of the statement. The parties shall notify the panelist(s) and appropriate settlement conference coordinator of a pre-conference settlement. Failure to comply will result in monetary sanctions being imposed.

(Eff. 1/1/1997; Rev. 7/1/2006, 1/1/2007, 7/1/2008, 1/1/2014, renumbered 1/1/2016; Rev. 7/1/18, 1/1/2021)

4.7 JURY DEMAND

A. A jury must be demanded in the Case Management Statement. For purposes of these rules,
the date of the Trial as described herein in Rule 4.9.A will be construed as the date of trial.

(Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2014, 7/1/2014, 1/1/2021; Renumbered 1/1/2016; 7/1/18)

4.8 TRIAL AND TRIAL-RELATED MOTIONS

A. Trial Calendar

Trials, both long cause and short cause, will be called on such dates and at such times as
shall be set by the Assigned Judge. Attendance by counsel at the call of the Trial is
mandatory unless excused by the Assigned Judge.

B. Continuances

Continuances of trials may be granted, upon good cause show, by stipulation of the parties
or upon written notice of motion. Absent extraordinary circumstances failure to complete
discovery would generally not be considered good cause. Any motion for continuance must
be calendared for hearing before the Assigned Judge on the Trial calendar at least seven (7)
calendar days in advance of the trial date, unless good cause is shown for a shortening of
such time. Stipulation of trial counsel by itself does not constitute good cause for granting a
continuance.

(Eff. 1/1/1997; Rev. 7/1/2004, 7/1/2011, 1/1/2014, 1/1/2021; Renumbered 1/1/2016;
7/1/18)

4.9 PRETRIAL MATTERS AND COMMENCEMENT OF TRIAL[Repealed] Rule 4.9 repealed effective January 1, 2021 adopted effective January 1, 1997; previously amended July 1, 2004, January 1, 2012, January 1, 2014, January 1, 2016, January 1, 2018, July 1, 2018 and July 1, 2019.

4.10 VOIR DIRE [Repealed] Rule 4.10 repealed effective January 1, 2021 adopted effective Jnuary 1, 1997; previously amended July 1, 2004 and renumbered on January 1, 2016.

4.11 DISPOSITION OF FICTITIOUS DEFENDANTS (CROSS-DEFENDANTS) [Repealed] Rule 4.11 repealed effective January 1, 2021 adopted effective Jnuary 1, 1997; previously amended July 1, 2004 and renumbered on January 1, 2016.

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4.12 TEMPORARY JUDGE (PRO TEM) TRIALS

A. Stipulation: A civil case may be tried by a temporary judge, with or without jury, pursuant
to the stipulation of the parties, and subject to approval by the court. Each temporary judge
must be an active member of the State Bar with at least five (5) years’ experience or a
retired judge, and approved by the Presiding Judge or the Supervising Judge of the Civil
Division of the Sonoma County Superior Court.

B. Court Facilities and Personnel: Court facilities (including the courtroom at any location
in Sonoma County), court personnel and juror services may be used for the trial; subject to a
finding by the presiding judge that such use would further the interests of justice. The court
personnel in attendance at the trial will include a court clerk and court reporter, unless
otherwise stipulated by the parties and approved by the Presiding Judge or Supervising
Judge of the Civil Division.

C. Compensation: The stipulation must include the rate of compensation to be paid by the
parties for the services of the court clerk and court reporter; and the rate of compensation to
be paid for the temporary judge, if any. The rate of compensation must be allocated
between the parties as set forth in the stipulation for each trial, and paid upon demand of the
pro tem court clerk.

D. Notice of Temporary Judge Calendar: The Assigned Judge may, from time to time,
notify parties in pending civil cases in advance of the availability of temporary judges and
the location of court facilities for the trial of civil cases and available trial dates.

E. Other Rules: The stipulation and civil trial by any temporary judge shall be in accordance
with Rule 2.831, California Rules of Court, which latter rule shall govern in the event of any
conflict with these local rules. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 1/1/2014, 1/1/2016)

4.13 DISCOVERY FACILITATOR PROGRAM

A. Policy of the Sonoma County Superior Court: It shall be the policy of the Sonoma County Superior Court to encourage use of the Discovery Facilitator Program in connection with any discovery dispute that arises in a civil case. Participation in the Discovery Facilitator Program shall be deemed to satisfy a party's obligation to meet and confer under applicable law. All Discovery Facilitator Program related documents, with the exception of the moving papers and any opposition and reply thereto, shall be submitted to the Assigned Judge’s judicial assistant in chambers for review and processing. Should counsel require an endorsed filed copy of such document, a self-addressed stamped envelope should be left with the judicial assistant. It is intended that participation in the Discovery Facilitator Program shall not delay the scheduling or hearing of any discovery motion.

NOTE: CCP § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO
THIS RULE.

B. Discovery Facilitator Panel: A list of qualified discovery facilitators shall be maintained
at the Sonoma County Superior Court, with the assistance of the Sonoma County Bar
Association.

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Each panelist must be an active member of the State Bar with at least ten (10) years’
experience, or a retired judge, and approved by the Presiding Judge or the Supervising
Judge of the Civil Division of the Sonoma County Superior Court.

C. Participation by Stipulation: A discovery dispute or potential dispute may be referred to
the Discovery Facilitator Program pursuant to stipulation by the parties or their counsel of
record.

D. Mandatory Participation: The court may require participation in the Discovery Facilitator
Program in the following instances:

1. At any time after the filing of a discovery motion, the court may, in its discretion,
issue an Order referring the motion to the Discovery Facilitator Program. In the
event any party desires not to submit the motion to the Discovery Facilitator
Program, within five (5) calendar days of service of the order referring the case to
the Discovery Facilitator Program, such party may file with the Assigned Judge’s
judicial assistant a “Notice of Intent to Opt Out of Discovery Facilitator Program”,
and the order issued pursuant to this subparagraph shall be vacated.

2. In the event any party desires a dispute or potential dispute to be included in the
Discovery Facilitator Program, such party may request referral to the program in
paragraph 19 (entitled, “Other Issues”) of the Case Management Statement. The
court shall hear from all parties on the issue at the case management conference,
and shall determine, in its discretion, whether such dispute or potential dispute shall
be included in the Discovery Facilitator Program.

3. In the event a party desires that a dispute or potential dispute be included in the
Discovery Facilitator Program prior to the time of the next scheduled case
management conference, or at a time when no further case management conferences
are scheduled, such party may bring a motion in accordance with Sonoma County
Local Rules, rule 5, and applicable provisions of the Code of Civil Procedure and
California Rules of Court, for referral of the matter to the Discovery Facilitator
Program. Such motion must be accompanied by a declaration setting forth a basis
for good cause for inclusion in the program.

E. Selection of a Discovery Facilitator: The moving party shall contact opposing party (ies)
and make a reasonable and good faith attempt to informally select a discovery facilitator
from the list of potential discovery facilitators maintained by the Sonoma County Superior
Court. The parties shall promptly notify the court by filing a stipulation with the Assigned
Judge’s judicial assistant if they choose a facilitator on their own. If the parties cannot
agree, the moving party shall contact the Assigned Judge’s judicial assistant and the
discovery facilitator shall be selected as follows:

1. The judicial assistant shall select, at random, a number of names from the list of
potential discovery facilitators equal to the number of sides, plus one, and mail to
the parties or their counsel of record, the “Notice and Order Re: Inclusion in
Discovery Facilitator Program”.

2. Each side has five (5) calendar days from the date of service by mail of the “Notice
and Order Re: Inclusion in Discovery Facilitator Program” to file a written rejection

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entitled “Notice of Rejection of Discovery Facilitator” (to be submitted to the
Assigned Judge’s judicial assistant in chambers), of no more than one name on the
list. If there are two or more parties on a side, they must join in the rejection of a
single name.

3. Promptly on the expiration of the five (5) day period, the judicial assistant shall
appoint, at random, one of the persons on the list whose name was not rejected, if
more than one name remains.

4. The judicial assistant shall assign the case to a discovery facilitator and shall serve
by mail the “Notice and Order of Appointment of Discovery Facilitator” on all
parties or their counsel of record. Upon receipt of the “Notice and Order of
Appointment of Discovery Facilitator”, the parties shall forthwith deliver to the
facilitator copies of all pleadings concerning the discovery dispute.

The discovery facilitator shall establish the procedures in each case to be utilized by
the parties, through telephone conferences, exchange(s) of letters or emails, and/or
in-person conferences for discussion and possible resolution of the discovery
dispute.

F. Compensation: The discovery facilitator shall devote up to two hours, without charge to
any of the parties, in an attempt to facilitate resolution of the discovery dispute. In the event
a resolution cannot be achieved within that period of time, the parties may agree to continue
with the discovery facilitator provided that agreement is reached between and among the
parties and the discovery facilitator as to compensation of the discovery facilitator.

G. Resolution:

In the event a resolution of the discovery dispute is achieved, the facilitator shall notify the
court in writing of the disposition and shall serve a copy on all parties, not later than five (5)
court days before the scheduled law and motion hearing date.

In the event the parties are unable to resolve the discovery dispute with the discovery
facilitator, the discovery facilitator shall prepare and serve on all parties or their counsel of
record a report which contains the following information:

1. A brief summary of the dispute and contentions of the parties;

2. Any legal or factual analysis made by the discovery facilitator in connection with
his/her role in attempting to resolve this dispute;

A statement indicating whether moving and/or opposing parties met and conferred in good faith. The facilitator shall file such report with the court no later than five (5) court days before the scheduled law and motion hearing date for this discovery issue. (Eff. 1/1/2008; Rev. 1/1/2009, 7/1/2009, 1/1/2014, 7/1/15, 1/1/2016)

4.14 READINESS CONFERENCE [Repealed] Rule 4.14 repealed effective January 1, 2021, adopted effective January 1, 1997; renumbered January 1, 2016.

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4.15 MATTERS AFFECTED BY BANKRUPTCY

A. Any party or counsel for a party in a matter pending before this court who acquires knowledge of a proceeding in bankruptcy which may cause or impose a stay of proceedings in this court shall promptly give notice of such bankruptcy proceedings as set forth below.

The notice required by subdivision (A) above shall be filed with the court. Said notice shall also be served on all parties to the litigation. The subject notice shall include: (a) a copy of the most recent order of the bankruptcy court and of any stay order issued by that court; and (b) An explanation of whether a stay order or an automatic stay is in effect and why the stay applies to the pending litigation, appeal, or writ proceeding. Any party disputing the notifying party's documentation or explanation shall promptly serve and file an opposing statement addressing all such concerns.
Any party may, at any time, file and serve notice of any circumstances or orders permitting the proceeding to proceed, inlcuding evidence that the bankruptcy stay has been lifted, the bankruptcy proceeding has been dismissed, or a party has obtained relief from the stay. (Eff. 1/1/2013; Renumbered 1/1/2016; Rev. 1/1/2021)

4.16 DEMURRER FACILITATOR PROGRAM

A. Policy of the Sonoma County Superior Court: It shall be the policy of the Sonoma County Superior Court to encourage use of the Demurrer Facilitator Program in connection with any demurrer that is filed with respect to any pleading in a civil case. Participation in the Demurrer Facilitator Program shall be deemed to satisfy a party's obligation to meet and confer under applicable law. All Demurrer Facilitator Program related documents, with the exception of the moving papers and any opposition and reply thereto, shall be submitted to the Assigned Judge’s judicial assistant in chambers for review and processing. Should counsel require an endorsed filed copy of such document, a self-addressed stamped envelope shall be left with the judicial assistant. It is intended that: 1) participation in the Demurrer Facilitator Program shall not delay the scheduling or hearing of any demurrer; and 2) demurrer facilitators shall not render substantive findings of fact or law, as their purpose shall be to encourage voluntary resolution through a facilitative process.

NOTE: CCP § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO THIS RULE.

B. Demurrer Facilitator Panel: A list of qualified demurrer facilitators shall be maintained at the Sonoma County Superior Court, with the assistance of the Sonoma County Bar Association. Each panelist must be an active member of the State Bar with at least ten (10) years’ experience, or a retired judge, and approved by the Presiding Judge or the Supervising Judge of the Civil Division of the Sonoma County Superior Court.

C. Participation by Stipulation: A dispute or potential dispute regarding a demurrer and any corresponding motion (i.e., demurrer and motion to strike) may be referred to the Demurrer Facilitator Program pursuant to stipulation by the parties or their counsel of record.

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D. Mandatory Participation: The court may require participation in the Demurrer Facilitator Program in the following instances:

At any time after the filing of a demurrer the court may, in its discretion, issue an order referring the demurrer to the Demurrer Facilitator Program. In the event any party desires not to submit the motion to the Demurrer Facilitator Program, within five (5) calendar days of service of the order referring the case to the Demurrer Facilitator Program such party may file with the Assigned Judge’s judicial assistant a “Notice of Intent to Opt Out of Demurrer Facilitator Program,” and the order issued pursuant to this subparagraph shall be vacated.
In the event any party desires a dispute or potential dispute to be included in the Demurrer Facilitator Program, such party may request referral to the program in paragraph 19 (entitled, “Other Issues”) of the Case Management Statement. The court shall hear from all parties on the issue at the Case Management Conference and shall determine, in its discretion, whether such dispute or potential dispute shall be included in the Demurrer Facilitator Program.
In the event a party desires that a dispute or potential dispute be included in the Demurrer Facilitator Program prior to the time of the next scheduled Case Management Conference, or at a time when no further Case Management Conference is scheduled, such party may bring a motion in accordance with Sonoma County Local Rule 5, and applicable provisions of the Code of Civil Procedure and California Rules of Court, for referral of the matter to the Demurrer Facilitator Program. Such motion must be accompanied by a declaration setting forth a basis for good cause for inclusion in the program.

E. Selection of a Demurrer Facilitator: The moving party shall contact opposing party(ies) and make a reasonable and good faith attempt to informally select a demurrer facilitator from the list of potential demurrer facilitators maintained by the Sonoma County Superior Court. The parties shall promptly notify the court by filing a stipulation with the Assigned Judge’s judicial assistant if they choose a facilitator on their own. If the parties cannot agree, the moving party shall contact the Assigned Judge’s judicial assistant and the demurrer facilitator shall be selected as follows:

The judicial assistant shall select, at random, a number of names from the list of potential demurrer facilitators equal to the number of sides, plus one, and mail or email to the parties or their counsel of record the “Notice and Order Re: Inclusion in Demurrer Facilitator Program.”
Each side has five (5) calendar days from the date of service of the “Notice and Order Re: Inclusion in Demurrer Facilitator Program” to file a written rejection entitled “Notice of Rejection of Demurrer Facilitator” to be submitted to the Assigned Judge’s judicial assistant in chambers, of no more than one name on the list. If there are two or more parties on a side, they must join in the rejection of a single name.
Promptly on the expiration of the five (5) day period, the judicial assistant shall appoint, at random, one of the persons on the list whose name was not rejected, if more than one name remains.
The judicial assistant shall assign the case to a demurrer facilitator and shall serve by mail or email the “Notice and Order of Appointment of Demurrer Facilitator” on all parties or their counsel of record. Upon receipt of the “Notice and Order of Appointment of Demurrer Facilitator,” the parties shall forthwith deliver to the demurrer facilitator copies of all

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pleadings concerning the discovery dispute. The demurrer facilitator shall establish the
procedures in each case to be utilized by the parties, through telephone conferences,
exchange(s) of letters or emails, and/or in-person conferences for discussion and possible
resolution of the dispute.

F. Compensation: The demurrer facilitator shall devote up to (2) hours, without charge to any of the
parties, in an attempt to facilitate resolution of the dispute. In the event a resolution cannot be
achieved within that period of time, the parties may agree to continue with the demurrer facilitator
provided that agreement is reached between and among the parties and the demurrer facilitator as to
compensation of the demurrer facilitator.

G. Resolution:

1. A brief summary of the dispute and contentions of the parties;

2. Any legal or factual analysis made by the discovery facilitator in connection with
his/her role in attempting to resolve this dispute;

3. A statement indicating whether moving and/or opposing parties met and conferred
in good faith.

The facilitator shall file such report with the court, no later than five (5) court days before the scheduled law and motion hearing date for this discovery issue. (Eff. 7/1/14, rev. 7/1/15, 1/1/2016.)

4.17 POST-TRIAL MATTERS

On the same day that post-trial documents are filed, including, but not limited to, post-trial motions, opposition and replies, parties shall deliver courtesy copies of the filed documents directly to the department’s drop box where the matter was tried. (Eff. 7/1/14, renumbered 1/1/2016, Rev. 1/1/2020.)

4.18. WRITS OF MANDATE CHALLENGING GOVERNMENT APPROVALS AND CEQA MATTERS A. Applicability. This Rule applies to all matters involving the California Environmental Quality Act (“CEQA”) including matters that combine a CEQA cause of action with other causes of action.

B. Assigned Judge. The “Assigned Judge” is the judge assigned to the matter as
is set forth in Local Rule 4.2.

C. Alternative Dispute Resolution. All counsel shall review Government Code sections 66030-66035, and Public Resources Code sections 21167.8

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and 21167.9, or their successor rules or statutes, and shall be prepared to
discuss Alternative Dispute Resolution during the initial Case Management
Conference.

D. Initial Case Management Conference. All parties who have been served
shall appear in person or by phone for an early initial Case Management
Conference. All parties shall be prepared to discuss the following items at
this conference: Alternative Dispute Resolution, status of service and
pleadings, status of record preparation, status of request for hearing, setting of
briefing schedule and hearing date, setting a future Case Management
Conference date, and other matters that require the court’s attention.

E. Administrative Record.

1. Contents. The lead agency shall resolve any disputes over the contents of
the Administrative Record. Any party who disagrees with the contents of the
record may file a Motion to Augment or Strike the Record in accordance with
this Rule.

2. Format and Lodging. All Administrative Records for actions filed
under CEQA shall comply with the California Rules of Court, Rules
3.2200 through 3.2208.

a. Unless the court orders otherwise, the party preparing the record shall lodge
and serve documents identified in California Rules of Court, rule
3.2205(a)(1)(A)-(G) in paper format. The paper portion of the record may be
bound or submitted in binders. The remainder of the record, in chronological
order as identified in Rule 3.2205(a)(1)(H), shall be provided solely in electronic
format.

b. Should any party cite to a portion of the record that is lodged and served
only in electronic format, the party must also lodge and serve a paper copy of
cited pages by providing them together as an appendix of excerpts as noted in
Rule 2.2205(c). These shall be bound either as the record is bound or in binders
or in other format approved by the court.

c. Any record or portion thereof that is lodged in electronic format shall be
clearly labeled on the medium itself and presented in a labeled envelope and
shall be attached to the portion of the record containing the paper index.

d. Should the court require a paper copy of any portion of the record lodged only in electronic format, the submitting party shall provide, at its expense, a paper copy within 14 days of a court order to do so. This obligation lasts as long as the applicable record retention period. The timing of the lodging of a hardcopy of the record with the Clerk of the Court shall be as ordered in a Case Management Order.

F. Motions to Augment or Strike. Any party who wishes to file a Motion to Augment or Strike the Administrative Record shall file its motion at the same time that party’s opening brief on the merits is filed. Briefs on Motions to Augment or Strike shall be separate from the briefs on the merits and shall

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adhere to California Rules of Court, rule 3.1113. Opposition and Reply briefs for Motions to Strike shall be filed at the same time as Opposition and Reply briefs on the merits. (Eff. 1/1/2016)

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RULE 5 RULES APPLICABLE TO CIVIL LAW AND MOTION PROCEEDINGS

5.1 SCHEDULING

A. Civil law and motion matters will be heard at such times and places as designated by the
Assigned Judge. The calendar will include all civil law and motion matters except DMV
Writs of Mandate, Unlawful Detainer matters (see these rules, Rule 2.2D), Orders of
Examination (see these rules, Rule 5.2), and Orders to Show Cause for Injunctions
Prohibiting Harassment, which will be heard in other courtrooms as designated by the
Presiding and/or Supervising Judge.

B. All civil law and motion matters will be scheduled for a hearing date, time, and location at
the Clerk’s Office upon filing all moving papers.

C. Parties shall deliver courtesy copies of all documents filed in connection with a law and
motion proceeding directly into the drop box for the department hearing the matter.
Courtesy copies do not need to be file endorsed.

D. If any matter scheduled on the law and motion calendar is resolved, dismissed, settled or
becomes moot for any reason, the moving party shall immediately notify the judicial
assistant for the Assigned Judge if the motion is to be dropped from the law and motion
calendar. Said notification may be made by telephone, followed by a letter of confirmation.

E. When a party is required to provide an appendix of authorities other than California cases,
statutes, constitutional provisions, or state or local rules pursuant to California Rules of
Court, rule 3.1113(i)(1), the appendix shall be lodged in the courtroom of the Assigned
Judge, and not in the clerk’s office. (Eff. 1/1/1997; Rev. 1/1/2006, 7/1/2007, 7/1/2008,
1/1/2013, 7/1/2014, 7/1/18; 7/1/19, 1/1/2020; Rev. and renumbered 1/1/2021)

5.2 ORDER OF EXAMINATION CALENDAR

A. The Order of Examination Calendar will be heard as designated by the Supervising Judge of
the Civil Division. Hearing dates will be designated by the department assigned to hear the
matter and indicated when the order is returned to the applicant for service; the court cannot
accommodate requests for specific dates. No tentative rulings will be made available for
matters on this calendar.

B. Judgment Debtor’s Failure to Appear

If the party named in the Application and Order for Appearance and Examination fails to appear at the time and place specified in the order, and proper proof of service of the order has been filed with the clerk, a warrant for the arrest of the party may issue. The judgment creditor must prepare a declaration and warrant for the judge’s signature. Such declaration and warrant must be delivered to the clerk’s office within six (6) months of the issuance order. A new Order of Examination will be required if the warrant is not issued within the

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six (6) months’ time period. Subsequent warrants must be accompanied by an original
declaration.

C. Service of Warrants

All warrants must be served by the Sheriff’s Department.

D. In-Custody Judgment Debtors

The Sheriff’s Office will notify the Clerk’s Office if the judgment debtor is taken into
custody. Upon receipt of this notification, the Clerk’s Office will arrange a bail hearing date
on the next misdemeanor calendar in the Criminal Division. Within his/her discretion, the
judge presiding at the misdemeanor calendar hearing shall effect the release of the judgment
debtor upon the condition that he/she appear at a designated Order of Examination Calendar
in the future. The clerk shall give notice to the judgment creditor of the date, time, and
location of that hearing by mailing a copy of the minute order of the bail hearing.

E. Warrant of Attachment/Contempt of Court Hearings

A fine will be ordered upon the court’s finding of contempt for failure to appear at the Order
of Examination. When bail has been posted by the judgment debtor, the fine will be
deducted from the bail. The balance of the bail will be returned to the judgment debtor
unless the parties stipulate or the court enters a turnover order transferring all or part of the
bail to the judgment creditor or another third party. Bail posted by an individual other than
the judgment debtor will be returned to the depositor and the judgment debtor will be
ordered to pay the contempt fine to the court. Failure to pay said fine may subject the
judgment debtor to further sanctions. (Eff. 1/1/1997; Rev. 7/1/2002, 7/1/2008, 7/1/2011,
1/1/2014; Rev. and renumbered 1/1/2021)

5.3 CONTINUANCES

Requests for continuances by stipulation (along with the required fees) or notification of dropping of law and motion matters must be presented by the parties to the judicial assistant for the Assigned Judge by 4:00 p.m. at least three (3) court days prior to the scheduled hearing date. Only one continuance by stipulation will be granted; after that, if the case cannot proceed the court may drop the matter or require that it be re-noticed.

It is the responsibility of the moving party to notify the judicial assistant for the Assigned Judge

when a pending motion may be dropped due to a stipulation or for any other reason. No hearing will be automatically dropped from the calendar. (Eff. 1/1/1997; Rev. 7/1/2004, 7/1/2008, 1/1/2014)

5.4 MEET AND CONFER CONFERENCE

A. Prior to the hearing date on all motions, the moving party must make a reasonable and good faith attempt to informally resolve the motion with the opposing party(s) or attorney(s) in person or by telephone, and in accordance with applicable law. The conference must occur not less than five (5) calendar days preceding the noticed or continued date of hearing as to all motions, except motions for summary judgment and/or motions for summary adjudication of issues. With reference to any motion for summary judgment and/or motion for summary adjudication of issues, the conference must occur not less than ten (10) calendar days preceding the noticed or continued date of hearing on such motion.

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B. In response, the opposing party(s) or attorney(s), during the conference, must also make a
reasonable and good faith attempt to informally resolve the motion with the moving party or
his attorney in person or by telephone and in accordance with applicable law. In the event
the motion is not so resolved, then the moving party must file not less than two (2) court
days before the hearing date a declaration pursuant to Code of Civil Procedure section
2016.040 setting forth facts applicable to the meet and confer conference. Orders of
Examination are exempt from the requirement of this section. (Eff. 1/1/1997; Rev.
7/1/2004, 7/1/2008, 1/1/2021)

5.5 HEARINGS, TENTATIVE RULINGS AND ORAL ARGUMENTS

A. During the court day preceding each law and motion calendar, by 2:00 p.m., the Court will
issue a tentative ruling for each matter noticed on such calendar. Tentative rulings may be
obtained online between the hours of 2:00 p.m. and 4:00 p.m. on the day before the hearing
on the Court’s website at www.sonoma.courts.ca.gov (Click on the “Online Services” tab on
the home page, select “Tentative Rulings” in the drop-down menu, and the click on the link
to “Civil”). A copy of the tentative ruling will also be posted at the Assigned Judge’s
courtroom. For tentative rulings by phone, please call (707) 521-6606. Where appearance
has been required or invited by the court, then oral argument may be presented. Appearance
is always required on small claims law and motion matters and on all claims of exemption,
unless otherwise stated on the tentative ruling.

B. Oral argument of all counsel and parties in any law and motion matter shall not exceed 20
minutes in length.

C. When the moving party fails to appear at the date and time scheduled for a hearing, the
matter may be dropped, continued or ruled upon at the discretion of the Assigned Judge
with or without the request of the responding party(ies). (Eff. 1/1/1997; Rev. 7/1/2004,
7/1/2008; Rev. and renumbered 1/1/2021)

D. Subject to the court’s discretion, a party, witness, or counsel may make telephonic or video
appearances before the court (Eff. 1/1/2014; Rev. and renumbered 1/1/2021).

5.6 EX PARTE APPLICATIONS

A. All civil ex parte law and motion applications including applications for temporary relief,
orders to show cause, orders shortening time or extending time, extraordinary writs, and
other provisional remedies, except as otherwise provided, must be presented to the Assigned
Judge at the times and locations as designated on the Court’s Website.

1. The following matters shall be deemed excluded from the ex parte applications
presented under this rule and shall be governed by other applicable sections of the
Sonoma County Superior Court Rules, to wit: family law matters, domestic violence
and civil harassment matters.

B. If the application is opposed, the attorneys must meet and confer prior to presentation of the
ex parte.

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(Eff. 1/1/1997; Rev. 1/1/2006, 1/1/2007, 7/1/2008, 1/1/2014, 7/1/2017; Rev. and renumbered 1/1/2021)

5.7 TRANSCRIPTS OF ADMINISTRATIVE RECORDS

Whenever any transcript of a deposition or other testimony is an attachment, the relevant part must be highlighted in such manner that calls attention to the relevant testimony.

Any administrative record filed in conjunction with a special proceeding as described in Code of Civil Procedure, Part 3, Title 1, must be thermal bound separately, along the left margin, in volumes of not more than 300 pages. (Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2007, 7/1/2007, 7/1/2008)

5.8 ORDERS AFTER HEARING OR UPON EX PARTE MOTION

Each proposed order must specify on the face page, immediately below the case number, the date
the matter was heard and the name of the judge who presided at the hearing.

It is the court’s policy not to sign proposed orders pertaining to the filing of amendments to
pleadings, amended pleadings, or to the filing of cross-complaints or complaints-in-intervention,
which require the clerk to remove and file the copy of the proposed pleading attached to the motion
as required by California Rules of Court, rule 3.1324. Proposed orders granting leave to file
amendments to pleadings, amended pleadings, cross-complaints, or complaints-in-intervention must
specify that the original of the proposed pleading will be submitted for filing following the granting
of the order.

A. Protective Orders (Discovery, etc.)

Any language incorporated in such an order that pertains to the filing with the court of material under seal must state that the party submitting confidential material to the Court to be filed must put that material in a sealed manila envelope no smaller than 9" x 12" and no larger than 10" x 13"; that the envelope must have on its back (on the unsealed side) the warning: “CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER,” the case number and caption, and the title(s) of the paper(s) enclosed; that in parentheses beneath the title(s) of the paper(s) as they appear on the envelope, there must be a reference to the confidentiality order, by file date and title [as, for example, (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER FILED JANUARY 1, 2000)], under which the papers are submitted. These papers must then be maintained in the Court’s regular public file but in their sealed envelopes. If the papers are exhibits to a motion or other paper, the manila envelope, with the stated identifying features, must not be attached to the principal paper, but there must be reference made in the motion, memorandum of points and authorities, or declaration, as appropriate, to the confidential materials filed under seal.

B. Orders to Consolidate

An order on motion to consolidate must specify which case number is to be the lead case.
In any instance in which the order does not specify the lead case number, the clerk must
designate as the lead case the one with the lowest file number in the highest jurisdiction.
(Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2007, 7/1/2008, 1/1/2014, 1/1/2021)

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RULE 6 RULES APPLICABLE TO PROBATE PROCEEDINGS

6.1 INTRODUCTION

A. General

The Probate Rules for Sonoma County Superior Court set forth local policies and
procedures of the probate department. These rules do not attempt to restate or summarize
statutory or case law or estate administration in general. Guidance on probate law and
practice may be found in publications such as California Decedent Estate Practice,
California Trust Administration, and California Conservatorship Practice, which are
published by CEB Continuing Education of the Bar - California.

These rules, although binding on parties, may be departed from in the discretion of the
Court.

B. Contact Information

Website: For current contact information, tentative rulings, and the online probate
calendars parties should refer to the court’s website at: www.sonoma.courts.ca.gov.
All local forms referred to in this rule are available at and can be downloaded from the court
website.

One or more of the following may be helpful in matters presented to the Probate Court.

1. Clerk of the Probate Court: The mailing address of the Probate Clerk is 600
Administration Drive, Santa Rosa, CA 95403. The physical address of the Probate
Clerk’s Office is 3055 Cleveland Avenue, Santa Rosa, CA 95403 (first floor).

2. Probate Court Examiner: The mailing address of the Probate Court Examiner is
3055 Cleveland Avenue, Santa Rosa, CA 95403. The email address is
ProbateExaminer@sonomacourt.org.

3. Office of the Probate Court Investigator: The mailing and physical address of the
Office of the Probate Court Investigator is 600 Administration Drive, Santa Rosa,
CA 95403. The email address is sci@sonomacourt.org.

(Eff. 1/1/1997; Rev. 1/1/2006, 1/1/2007, 7/1/2007, 7/1/2009, 1/1/2010, 7/1/2010,
1/1/2011, 1/1/2014, 1/1/2015, 1/1/2018, 1/1/2021)

6.2 CALENDAR AND PROCEDURAL MATTERS

The current Probate, Conservatorship (including Limited Conservatorships), and
Guardianship calendars are posted on the court’s website. (Click on the link to “Current
Probate Calendars” on the probate page).

A. General Guidelines

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1. General Probate Matters

One department of the Superior Court shall be designated by the Presiding Judge of
the Superior Court to hear general probate matters. General probate matters will be
calendared and heard at such times and places as shall be designated by the
Supervising Judge of the Civil Division (the “Regular Probate Calendar”).

2. Probate Calendar Day on Judicial Holiday

When the date for the Regular Probate Calendar is a court holiday the calendar will
be heard on a date and time as designated by the Supervising Judge of the Probate
Division. (Rev. 1/1/2022)

B. Calendaring Guidelines

Calendaring information on the Regular Probate, Guardianship and Lanterman-
Petris-Short (LPS) calendars may be found on the Court’s website, at
http://sonoma.courts.ca.gov/online-services/calendars/probate.
1. Regular Probate Calendar Matters

Except as otherwise indicated in these rules, all probate petitions concerning the following
are to be calendared for hearing on the Regular Probate Calendar:
a. Decedent’s estates,
b. Trusts,
c. Conservatorships of the person and of the estate (other than limited
conservatorships unless there is an estate involved and “LPS
conservatorships”)
d. Guardianships of the estate. Petitions for appointment of a guardian of the estate
only, and all petitions concerning the administration of an existing guardianship of
the estate, are to be calendared for hearing on the Regular Probate Calendar.
e. Special Needs Trusts. All petitions for an order approving a Special Needs Trust or
for an order directing payment or delivery of any property or funds to a Special
Needs Trust, pursuant to Probate Code §§3602,3611, or other authority, shall be
scheduled for hearing on the Regular Probate Calendar. When such a petition is a
first-filed paper or arises out of a civil matter not pending before the Probate Court,
the petition shall be filed with the Probate Clerk as a new case and given a new case
number.

2. Case Management Calendar.

a. Matters are set on this calendar by the Court only and are generally uncontested or for status only. b. Case management statements are not required to be filed; however, any written updates may be filed as a statement of issues at least five (5) Court days before the hearing.

3. Petitions for Guardianship of the Person

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Petitions for the appointment of the guardian of the person are to be calendared for
hearing on the Guardianship Calendar.

4. Limited Conservatorships

a. Petitions for the appointment of a limited conservator of the person or of the
person and estate of an adult alleged to be developmentally disabled who is
in placement at the Sonoma Developmental Center (SDC) are to be
calendared for hearing on the LPS calendar, to be heard at such times and
places as shall be designated by the Supervising Judge of the Civil Division.

b. All other petitions for the appointment of a limited conservator of the
person or limited conservator of the person and the estate for an adult
alleged to be developmentally disabled are to be calendared for hearing on
the LPS Calendar.

5. LPS Calendar

All matters involving proceedings under the Lanterman-Petris-Short Act are
to be calendared on the LPS Calendar.

C. Filing, Hearing, and Continuance Procedures

All petitions and supporting documents in matters to be heard on the probate calendar shall
be filed with the Probate Clerk.

1. Procedure for Obtaining a Hearing Date

In all matters, petitioners will be assigned a hearing date from the probate clerk at
the time of filing.

2. Procedure for Obtaining a Continuance

a. Stipulated Continuance Form:

Stipulated continuances for any matter set on the regular Probate calendar will
generally be allowed a maximum of two (2) times per pending petition or
application for relief and for not more than a total of six (6) months’ time from the
date the matter was first set for hearing

To request one of the two stipulated continuances, a NOTICE OF STIPULATED
CONTINUANCE (PROBATE) (Sonoma County Local Form PR-018) executed by
all parties or their attorneys and the continuance fee must be submitted to the
probate clerk no later than noon (12:00 p.m.) three (3) court days prior to the
hearing date. Signatures transmitted by facsimile transmission (fax) are acceptable.

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The probate clerk will continue the hearing to the date selected by the parties if
available based on calendar availability. If the selected date is not available, the
probate clerk will continue the matter to the next available probate calendar based
on calendar availability.

b. Continuance Requested at Hearing:

Requests for continuances may be made at the hearing, and may be granted in the
discretion of the Court.

c. Limitation on Continuances:

Normally no more than three continuances will be allowed before the matter is
dismissed without prejudice.

d. Continuances for Probate Matters Assigned to Short Cause or Civil Master
Calendar:

Any matter assigned to or set on the Short Cause Calendar or the Civil Master Trial
Calendar shall be governed by the California Rules of Court and Superior Court
Rules applicable to those calendars.

D. Submission of Proposed Orders and Other Pleadings Before Hearing Date

1. Orders

A. Electronic Filings for Orders After Hearing

Subject to any applicable exemptions orders after hearing shall be lodged with the
court electronically in PDF format attached to Judicial Council Form EFS-020. At
the same time as the EFS-020 and the PDF proposed order are lodged with the court
electronically, a version of the proposed order in a fully editable word processing
format (preferably in MS Word format, and not PDF or PDF converted to a word
format) shall be emailed directly to the department using the following email
format: EFileProposedOrderDept#@sonomacourt.org --replace the # sign with the
Department’s number. Please note the case number in the subject line of your email.

B. All Other Proposed Orders

Proposed orders shall be submitted to the Probate Clerk’s office at the time of filing
the petition. If a self-addressed, pre-paid envelope is included or paid for at the time
the order is submitted with appropriate photocopy charges, the clerk will return a
file endorsed copy by mail. Attorneys with boxes in the Courthouse should pay the
appropriate photocopy charge and note their box number in upper righthand corner

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of the proposed Order and in the comments section when eFiling to cause the clerk
to deliver a copy to the box. (Rev. 1/1/2020, 1/1/2021)

2. Supporting Papers

Supporting papers shall be filed at the time of filing the Petition, except as
otherwise provided in the Probate Code or these Local Rules.

3. Proofs of Service

Proofs of Service for the initial petition shall be filed with the Clerk at least five (5)
days prior to the day of hearing. Any other Proofs of Service shall be filed with the
Clerk contemporaneously with the papers to which they pertain.

4. Proofs of Publication

Proofs of Publication shall be filed with the Clerk at least five (5) days prior to the
day of hearing.

F. Hearings and Tentative Rulings

1. Notices of Hearing

Notices of hearing on cases scheduled for hearing on the Regular Probate Calendar
shall indicate that the time for the commencement of the calendar.

2. Tentative Rulings – Regular Probate Calendar

During the court day preceding each weekly Regular Probate Calendar, by
approximately 2:00 p.m., the Court will issue a tentative ruling for each matter
noticed on such calendar. The tentative ruling may be obtained online on the
Court’s website at www.sonoma.courts.ca.gov between the hours of 2:00 p.m. and
4:00 p.m. on the day before the hearing (Click on the “Online Services” tab on the
home page, select “Tentative Rulings” in the drop-down menu, and the click on the
link to “Probate”). The Tentative Rulings will also be posted at the probate
department the day of the hearing. For tentative rulings by phone, please call (707)
521-6607.

a. Parties who do not object to the tentative ruling need not appear at the
hearing, unless the ruling requires appearances or another party has
requested a hearing pursuant to the procedure in subdivision (b) below.

b. Any interested party who wishes to be heard in relation to the tentative ruling must call 707-521-6893 and leave a brief message that includes the name and telephone number of the party calling and the case name and number. Any interested party who wishes to be heard in relation to or opposition to a tentative ruling must also notify the attorneys for all represented parties as well as all unrepresented parties of their intent to appear. Notifications to the court and all attorneys and unrepresented

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parties must be completed no later than 4:00 p.m. on the court day
immediately preceding the day of the hearing.

c. Unless notification has been given as provided in (b), above, the tentative
rulings shall become the rulings of the Court, on the day of the hearing.
Signed orders on approved matters are generally available at the Probate
Clerk’s office within hours after the hearing, and are not immediately
available after the hearing.

3. Tentative Rulings - Guardianship Calendar

During the court day preceding each weekly guardianship calendar, commencing at
11:00 a.m., or earlier if feasible, the Court will cause to be recorded a tentative
ruling for each matter noticed on such calendar. The tentative ruling may be
obtained by telephoning (707) 521-6607 or by accessing the Court’s website at
www.sonoma.courts.ca.gov and selecting the option for Tentative Rulings. The
tentative rulings will also be posted at the guardianship department.

b. Any interested party who wishes to be heard in relation to /the tentative
ruling must call 707-521-6893 and leave a brief message that includes the
name and telephone number of the party calling and the case name and
number. Any interested party who wishes to be heard in opposition to a
petition must also notify the attorneys for all represented parties as well as
all unrepresented parties of their intent to appear. Notifications to the court
and all attorneys and unrepresented parties must be completed no later than
4:00 p.m. on the court day immediately preceding the day of the hearing.

c. Unless notification has been given as provided in b, above, the tentative
rulings shall become the rulings of the court when announced by the
courtroom clerk at 9:15 a.m. on the day of the hearing.

4. Appearances

No appearances are required for pre-approved matters unless an interested person
has asked to be heard in response to the tentative ruling and has given the required
notice of such a request.

G. Contested Matters

1. Written Objections

a. Before the Court will conduct a hearing in any contested proceeding, the
party(ies) opposing or objecting to a petition, accounting or other matter
scheduled for hearing shall file verified, written objections specifying the
grounds for such objection or opposition. If oral objections are made at a
hearing, the court may continue the matter in order to have the objections

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submitted in writing. This rule does not apply to matters coming before the
court under the Lanterman-Petris-Short Act.

b. Interested persons who oppose the granting of a petition for appointment of
a guardian are encouraged to use Sonoma County form PR-9 (Objection(s)
to Appointment of Guardian of the Person) to file objections.

2. Meet and Confer Requirement

In the event of any contest or objection to any petition on the probate calendar, the
parties or his or her respective attorneys shall make a reasonable and good faith
attempt to informally resolve the controversy at a face-to-face conference, if
possible, otherwise by telephone conference, before any hearing of the contested
petition. If such resolution is not possible, then each party shall file a Statement of
Issues as provided in 3, below.

3. Statement of Issues or Settlement

At least seven (7) court days before the hearing, each party shall either (1) notify
the Probate Clerk in the Superior Court Clerk's office or the probate department that
the controversy has been resolved; or (2) file and serve the Statement of Issues.
Each Statement of Issues must:

a. Indicate that the parties or his or her respective attorneys have met face-to-
face or, if that is not possible, have participated in a telephone conference to
discuss the issues in dispute,

b. identify the substantial issues in the controversy, with references to any
supporting evidence and/or legal authority,

c. include each party’s opinion of any barriers to settlement,

d. provide an estimate of the time requirement for the hearing or resolution,

e. include each party's opinion as to the appropriate method for resolving the
controversy (i.e., mediation, arbitration, short cause trial, etc.).

4. Contested Matters on Probate Calendar

When the hearing on a contested matter is estimated to be 20 minutes or less, the
hearing will be held before the Probate Judge on the Regular Probate Calendar if
time permits. Otherwise, the matter will be set for an extended hearing.

5. Transfer to Trial Calendar

If the hearing on a contested matter is estimated to exceed twenty (20) minutes or a jury trial is demanded, and counsel appear at the probate calendar, the matter may be transferred to the short cause calendar or may be assigned directly to one judge for all purposes. (Rev. 1/1/2021)

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H. Ex Parte Applications and Stipulated Petitions

1. Ex Parte Procedure
a. Same Day Ex Parte Matters

If a party has reason to believe that an order is urgently needed to prevent irreparable harm
or immediate danger to person or property, that party may file a Same Day Ex Parte
application for relief. Filing fees must be paid, and in the event a new case is being
commenced a case number must be assigned, before a party presents any application for ex
parte relief.

An order granting or denying a Same Day Ex Parte matter is generally available for pickup
at 2:00 p.m. on the day it is presented.

b. Drop-Off Ex Parte Matters

Ex Parte Applications not based on an urgent need to prevent irreparable harm or immediate
danger to person or property may be submitted to the Court as a “Drop-Off Ex Parte Matter”
where otherwise authorized by statute, Rules of Court, court order, or these rules. All Drop-
Off Ex Parte Matters must include “Drop-Off Ex Parte Matter” on the caption. Failure to
include “Drop-Off Ex Parte Matter” on the caption will cause the pleading to be reviewed as
a Same Day Ex Parte application and will be denied if it does not meet the standard for a
Same Day Ex Parte application.
The following matters are expressly authorized to be presented as Drop-Off Ex Parte
Matters:
a. Approval of a stipulation, including a stipulated petition to approve settlement
agreement;
b. Petitions for letters of special administration or appointment of temporary
conservatorship;
c. Stipulated applications for a continuance of a hearing or trial;
d. Matters authorized to be presented to the court ex parte by statute or Rule of Court
(with citation to authorizing statute or Rule of Court);
e. Requests to advance a hearing date and/or shorten time;
f. Applications to correct an order;
g. Applications to reduce or increase bond;
h. Petitions to appoint a guardian ad litem;
i. Petitions to authorize sale of personal property in a conservatorship matter;
j. Petitions for final discharge and order;
k. Petitions for allowance or rejection of a creditor’s claim (by attorney or personal
representative); or
l. Petitions requesting court appointment of counsel.

The Court does not consider Heggstad, Probate Code section 15403 or section 15409
petitions as drop off ex parte matters. The Court may, with a sufficient showing of exigency
per California Rule of Court, Rule 3.1202(c), consider such as an emergency same day ex
parte, preseuming they are also accompanied by waiver(s) of notice and consent(s). (Eff.
1/1/2022)

An order granting or denying a Drop-Off Ex Parte Matter is generally available for pickup
at 2:00 p.m. on the day which is five (5) court days after it is presented. (Rev. 1/1/2022)

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c. Hearing May be Required

The Court may deem that any matter presented on an ex parte basis, whether opposed or
unopposed, requires a hearing. If a hearing is required, the matter will be set by the Court on
the regular probate calendar on a date chosen by the Court. The Court may shorten time or
overset an existing probate calendar on its own motion if it deems such is necessary.

If a hearing is required, the party presenting the ex parte application will be notified of the
date and time of the hearing and that party shall be required to provide notice of the date and
time to all parties entitled to notice within two (2) court days thereafter, unless otherwise
ordered by the Court.

2. Timing of Ex Parte Matters

Applications for ex parte relief are accepted Monday-Friday and reviewed in chambers. No
personal appearance is required to request or oppose an ex parte matter.

The application and all supporting documents must be filed with the Sonoma County Court
Clerk’s office, Probate Division, before 10:00 a.m. to be considered presented on that day.
The judicial officer may decline to consider untimely applications on the merits.

Papers in opposition to an ex parte matter must also be filed with the Sonoma County Court
Clerk’s office, Probate Division, by 10:00 a.m. on the day the ex parte application is
presented.

3. Contents of Application and [Proposed] Order

An application for any ex parte order must be verified and must contain sufficient
evidentiary facts to justify issuance of the order. Conclusions or statements of ultimate facts
are not sufficient, and a foundation must be shown for the declarant’s personal knowledge.

Except where a Judicial Council or local form that includes an order is used, an application
for an ex parte order must be accompanied by a separate order which is complete in and of
itself and which specifies all relief ordered by the Court. For example, it is not sufficient for
such order to provide merely that the application has been granted, or that the sale of
property set forth in the petition has been approved.

4. Notice and Special Notice

Unless otherwise expressly provided for by applicable statute or rule of court, the form and content of notice to all interested parties and parties who requested special notice shall be provided in accordance with the California Rules of Court applicable to civil ex parte matters, including timely notice of the date, time, and place for the presentation of the ex parte matter. The application must be accompanied by a declaration identifying all persons entitled to notice under the applicable sections of the Probate Code, California Rules of Court (including special notice), or these rules, and it must evidence compliant notice or set forth the facts and legal authority upon which the applicant requests an order dispensing with notice.

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6.3 RULES REGARDING DECEDENTS’ ESTATES

A. Duties and Liabilities of Personal Representative

The Sonoma County Superior Court does not require filing of the Confidential Supplement
to Duties and Liabilities of Personal Representative, as authorized in Probate Code
§8404(a).

B. Continuance to Permit Filing of Contest

When a petition for the probate of a Will is called for hearing and an attorney or party
appears and orally objects and declares that a written contest will be filed, the Court may
continue the hearing for a reasonable length of time with the condition that if such written
contest has not been filed prior to the continued date, the hearing will proceed as if no
objection had been made by said attorney or party, unless the court finds good cause exists
for a further continuance.

C. Estates with Pour-Over Wills

When the beneficiary of a will is the trustee of a trust, Item 8 of the Petition for Probate
shall identify all trustees and all beneficiaries of the trust by name and by stating whether
each individual is a trustee or a beneficiary.

D. Claims of Personal Representative and Attorneys of Record

1. Noticed Hearing

A noticed petition for approval of a creditor's claim of the personal representative or of his
attorney of record is required, except as provided below. All parties must receive at least
fifteen (15) days’ notice of the hearing. The creditor's claim shall be complete with
approval signed by all personal representatives in the proceeding.

2. Ex parte approval

A petition and creditor's claim for any of the following claims that complies with the above
rule (except for the fifteen (15) day notice requirement) may be presented and considered by
the court ex parte.

a. The claim is for reimbursement of funeral and last illness expense, and proof of
payment is attached to the claim;

b. The claim, together with all other claims of that personal representative or attorney,
except for reimbursement of funeral and last illness expenses, is less than
$2,500.00;

c. A written approval signed by all persons whose interest might be affected by the
approval is attached to the claim;

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d. The personal representative has complied with the provisions of the Independent
Administration of Estates Act with respect to the proposed payment of said claim;
or

e. A claim is for an amount certain and based upon a prior court order, which is
attached to the creditor's claim.

E. Content of Orders of Distribution

Every order of distribution, whether or not an accounting has been waived, must set forth
specifically the manner in which the estate is to be distributed by showing each distributee’s
name and a description of the property, including the full legal description and assessor’s
parcel number for real property, and the amount of cash (as of a date certain) to be
distributed. Descriptions must be complete and must not require reference to the petition or
to any extrinsic document.

F. Accountings

1. General Format

Accounting format details and contents shall be in strict conformance with California law,
including but not limited to the Probate Code and California Rules of Court.

2. Supplemental and Amended Accounts

A supplemental account in a decedent's estate shall include only receipts and disbursements
occurring since the ending date of the last filed account. Generally a supplemental account
is not to be used to amend or correct the last filed account. An amended account may be
filed to amend or correct such last account. Any supplemental or amended account shall be
noticed for hearing unless the Court by order dispenses with notice. (Eff. 1/1/1997; Rev.
1/1/1999, 7/1/2007, 1/1/2009, 7/1/2010, 1/1/2015, 1/1/2019, 1/1/2021)

G. Reserves After Final Account

If a petition for final distribution requests a reserve in an amount greater than $2,500, the
petition shall include a statement specifically describing the need for the reserve amount.
The statement shall include an estimate of the amount of costs, taxes, or other expenditures
for which the reserve is requested. (Renumbered 1/1/2021)

H. Spousal Property Petition/Succession to Real Property Petition

1. The petition must identify and present evidence of the current vesting,
title, and character (community property or separate property) of each
asset.

2. Where the petition affects title to real property, a copy of the deed(s)
showing vesting at the decedent’s date of death or at the time of filing of

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the Petition for a Particular Transaction pursuant to Probate Code section

3100 et seq. must be attached to the petition. (Effective 7/1/21)

6.4 CONSERVATORSHIPS AND GUARDIANSHIPS

A. Conservatorship Petitions and Selection of Hearing Date

In all cases, a Petition for Appointment of Probate Conservator must be filed with the Clerk
of the Court and a case number issued. Conservatorship petitions and hearings should be set
for hearing, based upon the severity of the proposed conservatee’s impairments and risk of
harm pending hearing, as follows:

1. Probate Conservatorships Generally

Petitioner may contact the Probate Department Clerk to determine the likely date a
Petition for Probate Conservator may be set for hearing to assist in evaluating
whether a Petition for Appointment of Temporary Conservator may be desired.

2. Temporary Conservatorship

Where the petitioner believes that the proposed conservatee will suffer harm or
substantial loss prior to the hearing date on the Petition for Appointment of Probate
Conservator, petitioner may also file a Petition for Temporary Conservatorship. In
all such cases, the Petition for Appointment of Probate Conservator must first be on
file in the clerk’s office and a case number issued before a Petition for Temporary
Conservatorship will be heard.

a. Regular Notice:

Normally, a Petition for Temporary Conservatorship will be set for hearing
at the time normally set aside for probate matters allowing for at least ten
(10) days’ notice of the petition.

b. Emergency Circumstances Ex Parte Application:

In very rare circumstances where the proposed conservatee is in immediate
and grave danger of physical or irreparable financial harm, petitioner may
notice the Petition for Temporary Conservatorship to be heard on the ex
parte calendar.

B. Required Documents in Conservatorship Cases

In addition to the pleadings and papers normally required in a conservatorship matter, the
following special instructions apply:

1. Appointment of Court Investigator

The Sonoma County Court Investigator shall be appointed for all conservatorship
cases (excluding LPS conservatorships). Petitioner must submit the proposed Order

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Appointing Court Investigator to the Clerk with the first-filed Petition for
Appointment of Probate Conservator, requesting appointment of the Office of the
Sonoma County Court Investigator, with Boxes next to paragraphs 1 and 3 checked,
at a minimum. (Judicial Council form GC 330)

2. Conservatorship Handbook

The required DUTIES OF CONSERVATOR AND ACKNOWLEDGMENT OF
RECEIPT OF HANDBOOK (Judicial Council Form GC 348) shall be submitted
with the first filed Petition for Appointment of Probate Conservator. The
HANDBOOK FOR CONSERVATORS is available at:
http://www.courts.ca.gov/documents/conservatorship_handbook.pdf.

3. Notification of Change of Contact Information

Any time the conservator or guardian or the conservatee or ward has a change of
contact information, the Notice of Change of Address or Other Contact Information
shall be filed and served on the Office of the Probate Court Investigator. (Judicial
Council Form MC-040)

4. Confidential Contact Information Form

The Confidential Contact Information Form must be filed with all petitions for
appointment of a conservator, including appointment of temporary, successors or
co-conservators, and all petitions for approval of accounts of a conservatorship
estate. The Confidential Contact Information Form shall be marked as
“CONFIDENTIAL”. (Sonoma County Local Form PR-12)

C. Procedures Specific to Guardianship Matters

1. Probate Court Investigator

The Office of the Probate Court Investigator oversees initial and subsequent probate
petitions involving the guardian of the person, including cases involving both
guardianship of the person and estate.

2. Report of Proposed Guardian

A Report of Proposed Guardian Form shall be filed with any Petition for
Appointment of Guardian. (Sonoma County Local Form PR-2)

3. Temporary Guardianship Petitions

a. Applications for Temporary Guardianships of the Person may be submitted
to the Sonoma County Court Clerk’s Office, Probate Division, Monday
through Friday, during normal business hours.

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For applications submitted between 8:00a.m. and 8:30a.m., orders will be
available for pickup after 2:00 p.m. the day the order is submitted.

A party or attorney for a party can call (707) 521-6893 to be informed of
the status of the application.

b. Opposition papers may be submitted in person at the Sonoma County Court
Clerk’s Office, Probate Division. A copy of the opposition papers shall also
be served personally or by fax on the opposing party by 8:00 a.m. on the
day of judicial review. If service of the opposition papers is not possible, an
ex parte declaration shall be filed providing the reasons for the lack of
service.

c. Judicial review of the applications for ex parte orders shall be conducted
Monday through Friday beginning at 8:30 a.m.

d. Notice: The moving party must give notice of the ex parte request. The
notice SHALL include copies of ALL papers submitted to the court. This
notice requirement can be waived by the court if (1) notice is impossible, or
(2) notice would frustrate the very purpose of the order, or (3) immediate
and irreparable harm could be suffered if notice were given. (Sonoma
County Local Form PR-10 should accompany the application.)

5. Petition for Visitation

A request for an order of visitation will be filed using Local Form PR-15, which can
be located on the court’s public website. The petition will be filed and served on all
parties following the Probate Code, California Rules of Court and Local Rules for
Conservatorships and Guardianships.

D. Independent Powers under Probate Code §2591 et. seq.

The provisions of this section apply both to conservatorship and guardianship matters. For
simplicity only, the terminology for conservatorships is used.

1. Necessity Required

The conservator of the estate has broad powers to act for the conservatee's benefit
under the Probate Code. The Court will generally limit a grant of Independent
Powers under Probate Code §2590 et seq. to specific factual situations where
necessity requires independent powers.

2. Special Rules for Independent Powers

The following rules shall apply to all cases involving requests for independent
powers, except LPS conservatorships:

a. Temporary Conservatorship of the Estate: Independent powers will be granted in a temporary conservatorship of the estate only in unusual situations upon a showing of good cause.

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b. Factual Showing:
Any request for independent powers shall be accompanied by an affidavit or
declaration setting forth the facts which explain why: (1) the power
requested is needed to administer the estate or protect the conservatee; and
(2) granting such power would be to the advantage, benefit and in the best
interests of the estate and the conservatee.

c. Specific Enumeration of Powers:
Each power must be described in detail. Quoting the specific language of
the subsection enumerating the requested power is preferred. It is not
sufficient to incorporate by reference Probate Code §2591 in the petition.

d. Real Property Description:
Where the power to sell real property is requested, the request shall describe
the real property to be sold by the street address or legal description, and
whether or not the property is the conservatee's home or former home. The
notices of the request shall include the street address.

e. Court Confirmation of Real Property Sales:
Where the independent power to sell real property is granted, the Court will
normally require the sale be returned to the court for confirmation. This
requirement may be waived by the Court upon showing of good cause.

f. Enumerated Special Powers in Order and Letters:
Any special powers granted must be set forth in detail in the Order and in
the Letters of Conservatorship. In addition, if the power to sell real
property has been granted, the Order and Letters shall describe the property
to be sold by street address or legal description, and whether court
confirmation of the sale is required.

E. Conservatorship/Guardianship Accountings

1. Format

A standard accounting lists receipts and disbursements in subject-matter categories,
with each receipt and disbursement category subtotaled.

Accounts of conservators and guardians shall be filed as a standard accounting
unless prior court approval is sought and obtained to file a simplified accounting.

2. Adequacy of Bond

Reports of conservators and guardians shall state the total amount of the current bond and whether additional bond is necessary. The report shall set forth the calculation of the minimum bond amount, including the amount for recovery. Each report should also specify any blocked bank accounts or assets and the current value of any such assets. Any significant changes in the value of assets should be reported, together with the effect on the adequacy of the bond.

3. Requests for Extension of Accountings

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Extensions to file accounts in conservatorships and guardianships may be approved
in the court’s discretion. When requesting an extension, the conservator/guardian
shall do so by filing an ex parte application and declaration in support of the
extension as an “Order on Matter Not Requiring a Hearing” under the applicable
Local Rule.

4. Original Account Statements in Conservatorship and Guardianship Matters

Wherever the Probate Code or these rules require the filing of original financial
account, billing and/or escrow statements, such statements will be “lodged” with the
clerk and not filed. All persons required to file documents electronically under these
Local Rules shall confidentially lodge the documents through the e-filing system. A
pleading caption page must be page one, and the first chronological statement of
each financial institution shall be bookmarked separately. If multiple e-filing
envelopes are required, please make a note in the comments box. Original scanned
papers must be retained and delivered to the Court for inspection upon request.

Persons not mandated to electronically file may still do so or deliver paper copies to
the Court for filing.

When paper documents are lodged, the documents must not be bound and must be
contained in a 9” x 12” (or larger, if necessary) envelope. The envelop shall be
prominently marked as “CONFIDENTIAL” and display the case title, number, and
a brief description of the contents. If requested, original papers will be returned to
the filer after the Court’s determination of the account becomes final. In that case,
the fiduciary must submit a self-addressed envelope of sufficient size and with
adequate postage affixed to return the documents by mail at the time of lodging.

However the documents are submitted, the documents shall be organized by account
and then chronologically for each account. If the document exceeds a hundred
pages, an index should be included.

5. Waiver of Accounts

a. General Rule. Except as noted below, no request or petition for waiver of
any account or final account (upon the death of the conservatee or minor) in
any conservatorship or guardianship will be approved.

b. Small Estates. Waivers of Account in conservatorships and guardianships may be approved for small estates in the court's discretion under the provisions of Probate Code §2628. The conservator/guardian shall request the waiver of account by completing and filing the local form PR6, and submitting the request as an “Order on Matter Not Requiring Hearing” as described in Local Rule. After the court has ordered a waiver of accounting in either a conservatorship or guardianship, the conservator/guardian shall either biennially file the local form PR-6 if the estate continues to meet the conditions of Probate Code §2628 to waive an account, or file an account and report.

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c. Guardianship Final Account Waivers. Waivers of final guardianship
accounts on termination are discouraged. Where the ward waives the final
account, the court may require the ward to be present at the hearing.

F. Final Distribution in Conservatorships and Guardianships.

1. Investigator's Assessment on Final Accounting

Prior to the filing of a Petition for Termination of a conservatorship, counsel shall
contact the Court Investigator to determine the Court Investigator's assessment of
the conservatorship estate for services rendered. A request to pay the assessment
and the amount of the assessment shall be included in the petition and final account
and order thereon.

2. Small Estates

If the value of the conservatorship/guardianship estate does not exceed the amount
determined under Probate Code § 13100 and distribution is intended by affidavit
procedure pursuant to Probate Code § 13101, notice of hearing, a copy of the final
account and report of the conservator/guardian, and a copy of the petition for final
distribution, shall be served on the successor(s) of the deceased conservatee/ward.

3. Other Probate Estates

In all other cases, a petition for final distribution upon the death of conservatee or
ward shall be approved only after appointment of a personal representative of the
estate of the conservatee/ward. The final account and petition for distribution of the
conservator/guardian shall identify the personal representative and the court and
case number of the probate proceeding for the deceased conservatee/ward. Notice
of hearing, a copy of the final account and report of conservator/guardian, and a
copy of the petition for final distribution, shall be served on the personal
representative of the estate of the deceased conservatee/ward.

G. Limited and LPS Conservatorships

1. Limited Conservatorship Filings

Every conservatorship involving a developmentally disabled proposed conservatee
shall be filed as a limited conservatorship proceeding.

2. Disclosure of Developmental Disability

The involvement of a developmentally disabled conservatee shall be clearly set
forth in all conservatorship and guardianship petitions and accountings.

3. Limited Conservatorships Regional Center

a. Calendar Setting if Regional Center Report Required

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Any conservatorship proceeding requiring a Regional Center report shall be
set at least thirty (30) days after mailing notice of the proceeding to the
Regional Center, to allow the Regional Center report to be filed prior to the
hearing.

b. Regional Center and Public Defender Appointment

The Order Appointing Regional Center (Sonoma County Local Form # PR-
4) may be utilized to facilitate ordering the Regional Center report and
appointment of the Public Defender to represent the conservatee. Such
Orders shall be submitted with the initial Petition.

4. Review of General Conservatorships

In existing general conservatorships involving a developmentally disabled
conservatee the court may direct that a new petition for conservatorship be filed
under the limited conservatorship code provisions.

5. Accountings

Any accounting required in LPS or limited conservatorship matters shall comply
with accounting requirements in other Sonoma County conservatorship estate
matters unless otherwise directed by the court designated to hear the LPS calendar.

6. Closed Status of Reports

Reports by a Regional Center and the Office of the Probate Court Investigator, and
other documents or materials containing sensitive information filed in LPS and
limited conservatorship hearings, shall be maintained in a confidential status in the
case file with disclosure only to authorized persons pursuant to Court order.
(Eff. 1/1/1997; Rev.7/1/2006, 1/1/2007, 7/1/2007, 1/1/2008, 7/1/2009, 1/1/2010,
7/1/2010, 1/1/2011, 7/1/2012, 1/1/2014, 1/1/2015; Rev. and renumbered 1/1/2021;
revised 7/1/2021)

H. Report of Court Appointed Counsel in Conservatorship Matters
Report of Court Appointed Counsel in Conservatorship Matters shall include, at a
minimum:
1. The number and length of visits to the proposed conservatee, and whether the visits
were in-person or held in another manner (in person visit(s) are preferred if possible);

2. Whether other individuals were present during visits with the proposed conservatee,
and, if so, who;

Other individuals or documents consulted in counsel’s investigation of the facts and counsel’s opinion of the merit of any claims of such parties for and against the conservatorship, so far as consistent with counsel’s ethical obligations to the client (if there are individuals in favor of the conservatorship and others opposing the conservatorship, counsel is expected to consult with at least one individual representing each such position); 4. The proposed conservatee’s wishes, desires, concerns, and objections, if any; and

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Whether the attorney currently represents, or has previously represented, the conservator or proposed conservator. (Eff. 1/1/2022)

6.5 COMPENSATION OF FIDUCIARIES AND ATTORNEYS

A. Fees and Commissions in General

All requests for compensation of fiduciaries and attorneys in decedent’s estates,
guardianship, conservatorship and trust proceedings shall be submitted in strict compliance
with the Code of Civil Procedure, Probate Code, California Rules of Court, and these local
rules.

B. Fees for Extraordinary Services in Decedents' Estates

1. General Rule

Each request for fees for extraordinary services will be considered on its individual
merits. Such services may include, but shall not be limited to, leases and
foreclosures of real property, tax matters (including preparation of returns, audits
and tax litigation), operating a business, heirship proceedings, special services that
may be necessary for the personal representative or attorney to perform, and those
matters specifically mentioned in the California Rules of Court.

2. Determination of Entitlement and Amount

In addition to the factors set forth in California Rules of Court, the Court may
consider the following factors, among others, in exercising its discretion in any
application for fees for extraordinary services:

b. The benefits of the services to the estate. It is recognized that the
representative or his or her attorney may occasionally be under a duty to pursue
certain matters which do not provide a financial gain to the estate. Such services
may nevertheless be compensable.

c. Whether, if not performed by the attorney or personal representative, the
extraordinary services would have been performed by an independent
professional and the reasonable expected cost of such independent services.

3. Service of Petition for Compensation

In addition to other papers required to be served, copies of any petitions requesting allowance of fees or commissions for extraordinary services in decedents’ estates shall be served on all persons entitled to receive notice of the hearing on the petition

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(except beneficiaries of specific gifts whose interests are not affected by the
compensation requested).

C. Compensation of Conservators, Guardians and Their Legal Counsel

1. Court Appointed Counsel for Conservatees

Hourly rates for court appointed counsel for conservatees will be set at the time of
appointment.

2. Allowance of Fees

Each request for fees in guardianship and conservatorship matters will be
considered on its individual merits.

3. Factors in Allowing Compensation

In addition to the factors set forth in California Rules of Court, the Court may
consider the following factors, among others, in exercising its discretion in any
application for fees for services:

a. Time devoted to the matter categorized by subject matter of services
provided. The Court must be provided with a statement of facts containing
sufficient information in order to enable it to analyze the reasonableness of
the rate and the amount time devoted to the matter by each person whose
time is charged. Time records may be provided to support the statement of
facts, but are not required in all cases. However, if the court has questions
about fees, time records may be requested. To avoid delay in approval of
fees, counsel may want to submit time records at the time of filing their fee
request.

b. The quality and extent of the services performed.

c. The responsibility assumed and exercised.

d. In a final account, a reasonable estimate of work and time to complete
estate affairs and distribution.

4. Attorney Representing Conservatee or Ward

An attorney representing the conservatee or ward may file a petition for fees at any
time after the hearing on the petition for appointment of probate conservator or
guardian.

D. Reimbursement of Costs in Conservatorships and Guardianships

1. Reimbursement of Costs.

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a. Allowed Reimbursements. Allowable reimbursement of reasonable costs
that benefit the conservatorship estate include, but are not limited to:
i. Court Clerk’s fees;
ii. Newspaper publication fees;
iii. Surety bond premiums;
iv. Appraisal fees;
v. Extraordinary photocopies involving large numbers of pages, not to
exceed $0.25/page;
vi. Extraordinary Postage:
a. certified mail fees; and
b. foreign mailings.
vii. Photocopies and postage costs must typically be itemized; however,
up to a total of $100.00 in “miscellaneous copy and postage costs”
may be approved without itemizing.

b. Not reimbursable. The following costs are considered part of normal
overhead and may not be reimbursed absent a showing of special
circumstances:
i. Routine photocopies and postage;
ii. Secretarial time and paralegal time for secretarial services;
iii. Local telephone calls; and
iv. Local mileage and parking.

c. Reimbursed Only in Court’s Discretion. The following costs may be
reimbursed in the Court’s discretion:
i. Unusually large costs for photocopies and postage;
ii. Substitutes for U.S. Postal Service (Federal Express, UPS, etc.);
iii. Long distance telephone;
iv. Travel outside of Sonoma County;
v. Parking fees incurred when traveling outside of Sonoma County;
and
vi. Other costs found to be extraordinary.

(Eff. 1/1/1997; Rev. 1/1/1999, 7/1/2009, 7/1/2010, 01/01/2015; 1/1/2016; 1/1/19)

6.6 BONDS

A. Increasing or Decreasing Bond Amount

The fiduciary may normally petition to increase or decrease the required amount of bond on anan exex parteparte basis,basis, usingusing thethe procedureprocedure forfor obtaining an "Order on Matter Not Requiring Hearing" described in Local Rule 6.2.I. Where objections to the amount of bond are expected, the petition should be noticed for hearing on the regular probate calendar.

B. Use of Blocked Accounts

A fiduciary shall evaluate whether holding liquid assets in blocked accounts with financial
institutions would be advantageous to the estate and request authorization for such holdings,
where appropriate.

C. Waiver of Bond in Conservatorships and Guardianships

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The Court generally will not waive bond for conservatorships or guardianships except in the
following circumstances:

1. Conservator Spouse of Conservatee

Where the conservator is the spouse of conservatee, all or most of the property of
the conservatee is shown to be community property, to the Court's satisfaction, and
the community property is to be excluded from estate administration.

2. Conservatee Waiver

In matters where the conservatee gives consent, as a competent person, to waiver of
bond.

3. Small Estates

In small estates as defined in the Probate Code. Sonoma County Local Form PR-6
is available for this purpose.

D. Reducing Bond Through Use of Blocked Account.

1. Issuance of Letters

Where assets are to be placed in a blocked account, the fiduciary shall file the
Receipt and Acknowledgment of Order Restricting Release of Property of the
Financial Institution within thirty (30) days of issuance of Letters. Sonoma County
Local Form PR-5 is available for this purpose.

Proposed orders pertaining to blocked accounts should contain appropriate language
to allow deposits in conformance with the Probate Code and Financial Code § 1586.

2. After Appointment

Bonds may be reduced at any time after appointment by an ex parte petition and
order reducing bond, together with the Receipt and Acknowledgment of Order
Restricting Release of Property of the Financial Institution showing that assets have
been deposited. Such a petition must set forth the total assets of the estate and
designate those held in blocked accounts. The reduced bond must satisfy the
minimum bond requirements. Such a petition may be presented as an “Order on
Matter Not Requiring Hearing”, as described in Local Rule 6.2.I.

3. Direct Transmittal to Financial Institution

If the assets to be deposited are in the possession of a financial institution other than
the named financial institution, the order should direct the entity in possession to
deliver such assets directly to the named financial institution and further direct the
financial institution, on receiving such assets, to issue its receipt and agreement to
the fiduciary, who shall forthwith file the same with the Court.

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4. Withdrawals or Releases from Blocked Accounts

An application for an order authorizing release of assets from a blocked account
may be submitted ex parte as an “Order on Matter Not Requiring Hearing” as
described in Local Rule 6.2.I. The petition should set forth the approximate value
of the assets on hand, the approximate value of all assets in blocked accounts, the
amount of the existing bond and the purpose for which the withdrawal is requested.

E. Discharge of Bond and Exoneration of Surety

1. Receipts Must be Filed

Bond shall not be discharged and surety exonerated until all Receipts on
Distribution have been filed with the Court.

2. Guardianship Bonds on Termination

The guardian of the estate shall maintain the guardianship bond during the one (1)
year period that commences when the ward reaches the age of majority. The Order
terminating the guardianship of the estate may include an authorization to retain a
reserve for payment of the bond premium for the additional one year period and
related fees and costs.

The Order terminating the guardianship of the estate may recite that the bond is
discharged and the surety on the bond exonerated on the date that is one (1) year
after the ward’s 18 th birthday, unless suit has been filed within that one (1) year
period.
(Eff. 1/1/1997; Rev. 1/1/2003, 1/1/2010, 7/1/2010, 01/01/2015)

6.7 SALES OF REAL PROPERTY

A. Overbids in Court Confirmation of Sale

When there is successful overbid in open court on a sale of real property, counsel must
complete and the successful bidder must sign an "Increased Bid In Open Court" form and
file same. (Sonoma County Local Form PR-14) The order will not be signed unless the
form is filed. Copies of the Increased Bid In Open Court form will be available in the
Probate Department when a sale of real property is on calendar.

B. No Commission -- Special Situations

No real estate commission shall be allowed or credited to or for the benefit of a personal
representative or fiduciary in the subject probate proceeding who is a licensed real estate
broker or salesperson in any probate sale of real property in the proceeding, directly or
indirectly. The petition for confirmation of sale shall state any known claim of the personal
representative, fiduciary or purchaser to all or any part of the proposed real estate
commission, directly or indirectly.

C. Disputes Between Agents or Brokers Regarding Compensation

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Should a dispute arise between agents or brokers seeking compensation upon the sale of real
property under the purview of Section 10161 and/or Sections 10162.5 through 10166 of the
Probate Code, there shall be a separate evidentiary hearing to resolve the dispute. Before
the hearing the agents or broker, or their respective attorney, shall "meet and confer" (face-
to-face) in a reasonable and good faith attempt to resolve the dispute, informally or by other
means, and notify the court of the results at least two (2) court days before the hearing.
The sale of real property may be confirmed at the hearing on the sale and need not be
delayed by virtue of any dispute for compensation by or between real estate agents or
brokers.

D. Contracts With Broker or Agent

Any application for order approving an exclusive listing agreement with a real estate broker
or agent shall include a completed copy of the proposed written listing as an attachment.
Such application may be submitted ex parte as an “Order on Matter Not Requiring Hearing”
as described in Sonoma County Local Rule 6.2.I. (Eff. 1/1/1997; Rev. 1/1/1999, 7/1/2010,
01/01/2015)

6.8 TRUST PETITIONS

A. Trust Instrument

For every petition filed pursuant to Division 9 of the Probate Code, the petition must
include a copy of the entire trust instrument(s) relevant to the action, including all
amendments thereto, and all attachments, schedules, and exhibits.

B. Accountings

1. Required Form of Accounts

Accountings should conform to the requirements set forth in this rule and with
Probate Code sections 1060-1064 and 2620 as well as Cal. Rules of Court, Rule
7.575. Accountings are designated as either standard or simplified. A standard
accounting lists receipts and disbursements in subject-matter categories, with each
receipt and disbursement category subtotaled. A simplified accounting lists receipts
and disbursements chronologically, by receipt or payment date, without subject-
matter categories. All trustees must file standard accountings unless prior court
approval is sought and obtained to file a simplified accounting. Accounting values
of assets must not be changed to reflect fair market value, but fair market value
must be set forth separately in the report or account. If an item is not self-
explanatory, an explanation must appear either in the accounting or in the report
accompanying the accounting.

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RULE 7 RULES APPLICABLE TO DEFAULT, UNCONTESTED, AND COMPROMISE PROCEEDINGS

7.1 DEFAULT CALENDAR

Default, uncontested, and compromise hearings will be conducted at such times as scheduled by the Assigned Judge. (Eff. 1/1/1997; Rev. 7/1/2004)

7.2 PROCEDURE

Default and uncontested hearings will be scheduled through the Superior Court Clerk’s office. A letter of confirmation of the date, time and location of the hearing shall be sent to the Clerk of the Court not less than ten (10) calendar days prior to the scheduled hearing and shall be accompanied by all documents listed in California Rules of Court, Rule 3.1800(a). Failure to do so shall result in the hearing being dropped from the default calendar on the date scheduled. IN NO CASE WILL THE MATTER BE CALENDARED BY THE CLERK UNLESS THE DEFAULT HAS BEEN ENTERED AND FILED. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007)

7.3 ATTORNEY’S FEES IN DEFAULT PROCEEDINGS

A. In limited civil cases, whenever the obligation sued upon provides for an attorney’s fee, the
fee in each case where judgment is entered by the clerk pursuant to Code of Civil Procedure
§585(a) shall be fixed pursuant to the following schedule:

35% of the first $1,500.00 principal prayed for in complaint

30% of the second $1,500.00 or any part thereof

25% of the third $1,500.00 or any party thereof

10% of the sum in excess of $4,500.00

SCHEDULE OF ATTORNEY’S FEES

PRINCIPAL FEES PRINCIPAL FEES
$50.00 $17.50 $9,000.00 $1,800.00
$100.00 $35.00 $9,500.00 $1,850.00
$200.00 $70.00 $10,000.00 $1,900.00
$400.00 $140.00 $10,500.00 $1,950.00
$600.00 $210.00 $11,000.00 $2,000.00
$800.00 $280.00 $11,500.00 $2,050.00
$1,000.00 $350.00 $12,000.00 $2,100.00
$1,500.00 $525.00 $12,500.00 $2,150.00
$1,600.00 $555.00 $13,000.00 $2,200.00
$1,800.00 $615.00 $13,500.00 $2,250.00
$2,000.00 $675.00 $14,000.00 $2,300.00
$2,200.00 $735.00 $14,500.00 $2,350.00
$2,400.00 $795.00 $15,000.00 $2,400.00

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PRINCIPAL $2,600.00 $2,800.00 $3,000.00 $3,200.00 $3,400.00 $3,600.00 $3,800.00 $4,000.00 $4,200.00 $4,400.00 $4,600.00 $4,800.00 $5,000.00 $5,500.00 $6,000.00 $6,500.00 $7,000.00 $7,500.00 $8,000.00 $8,500.00 FEES PRINCIPAL FEES $855.00 $15,500.00 $2,450.00 $915.00 $16,000.00 $2,500.00 $975.00 $16,500.00 $2,550.00 $1,025.00 $17,000.00 $2,600.00 $1,075.00 $17,500.00 $2,650.00 $1,125.00 $18,000.00 $2,700.00 $1,175.00 $18,500.00 $2,750.00 $1,225.00 $19,000.00 $2,800.00 $1,275.00 $19,500.00 $2,850.00 $1,325.00 $20,000.00 $2,900.00 $1,360.00 $20,500.00 $2,950.00 $1,380.00 $21,000.00 $3,000.00 $1,400.00 $21,500.00 $3,050.00 $1,450.00 $22,000.00 $3,100.00 $1,500.00 $22,500.00 $3,150.00 $1,550.00 $23,000.00 $3,200.00 $1,600.00 $23,500.00 $3,250.00 $1,650.00 $24,000.00 $3,300.00 $1,700.00 $24,500.00 $3,350.00 $1,750.00 $25,000.00 $3,400.00

B. In an action on book account, attorney fees shall be fixed at the maximum permitted under
Civil Code §1717.5. (Eff. 1/1/1997; Rev. 7/1/2008)

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RULE 8 RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS

8.1 CRIMINAL COURTS: ASSIGNMENT OF CASES

All criminal felony matters, including violoations of felony probation, shall be initially set in the designated Early Case Resolution Department (ECR). If a felony case is not resolved in the Early Case Resolution Department, it shall be assigned for “all purposes” to another department on a predetermined alphabetical split basis.

All criminal misdemeanor matters, with the exception of misdemeanor Domestic Violence cases, shall be assigned for “all purposes” to a misdemeanor department on a predetermined alphabetical split basis.

A Defendant with a hyphenated last name shall be assigned an alphabetical split based on the first last name.

A copy of the Criminal Division Schedule may be obtained from the Superior Court Clerk’s Office Criminal Division, or on our website: www.sonoma.courts.ca.gov (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2009, 7/1/2015, 1/1/2021)

8.2 VIOLATION OF PROBATION

A. Assignment of Cases

All violations of probation shall be assigned to a criminal department on an alphabetical
split basis. Violations of formal probation in domestic violence cases shall initially be
assigned to the domestic violence court.

B. Disclosure of Non-Confidential VOP Probation Records

The Court authorizes the Sonoma County Probation Department to produce copies of non-
confidential probation records that form the basis of allegations contained in a Request
Probation be Summarily Revoked (aka, the “Universal Memo”) to the defense and
prosecution in any formal violation of probation proceeding.

Any request for confidential records, or records of probation not otherwise produced by the
Probation Department, may be sought through the Court in any Violation of Probation
proceeding after providing reasonable notice to the Probation Department and District
Attorney’s Office.” (Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2008, 1/1/2021)

8.3 PROTECTION OF CONFIDENTIAL PERSONAL INFORMATION

In accordance with Penal Code section 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit police reports, arrest reports or investigative reports containing “confidential personal information” (as defined in subdivision (b) of Penal Code § 964) of victims or witnesses to the court in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. Rather, prosecutors and law enforcement agencies should present the court with written

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declarations from law enforcement officers that are devoid of this confidential personal information.

The parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses. The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that the information redacted was “confidential personal information” of victims and/or witnesses as defined in Penal Code Section 964. The parties must also provide an unredacted copy of the documents, which, upon review, shall be sealed, and retained by the court, if the redacted material is determined to be “confidential information” as defined in Penal Code Section 964(b).

In instances where “confidential personal information” of victims and/or witness cannot be redacted for purposes of clarity or completeness, but must be provided to the court, prosecutors and law enforcement may request the court seal a portion or all of the warrant and its components, police report, arrest report or investigative report. The Court may grant the sealing order if it makes the following express findings in a written order: 1. The document requested to be sealed contains “confidential personal information” as defined in Penal Code Section 964; 2. The confidential personal information must be provided to the court for clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application; and 3. No less restrictive means exist, such as the procedures set forth in paragraphs #2 and #3 of [this Local Rule], to protect the confidential personal information while preserving clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application. If the sealing request also seeks protection of information that is not “confidential personal information” as defined by Penal Code Section 964, the Court will consider that portion of the request pursuant California Rules of Court 2.550. All documents reviewed, as well as orders signed, will be retained by the court.

All agencies should bear in mind that the court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the court’s consideration. Rather, the burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court. In this respect, the court may exercise its discretion to accept or reject a police, arrest or investigative report containing confidential personal information that is submitted in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. (Added 7/1/15)

8.4 CRIMINAL PRETRIAL LAW AND MOTION

Criminal pretrial law and motion hearings shall be heard by the judge assigned the case at such time
and place scheduled by the judge.

A. Written Motion Procedures

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1. All motions shall be made in writing. With the exception of 1050 PC continuance
motions, Notice of Motion and Motion for Transfer pursuant to PC 1203.9 and
motions to vacate bail bond forfeitures, or upon order of the court, ALL motions
must be filed in court, except that the judge may authorize filing of a motion in the
Clerk’s Office by minute sheet entry. 1203.4 PC motions to expunge/reduce will be
received in the Clerk’s Office and filed in court. The court shall set a hearing date
for all motions. Appearances for filing of motions in court may be calendared
through the Clerk’s Office.

2. All motions, including all Penal Code section 1538.5 motions, shall clearly state the
grounds for the motion and be accompanied by points and authorities; which shall
include a concise statement of the facts supporting the motion.

3. All moving papers and all responding documents shall have the hearing date
prominently displayed and underlined in red on the documents together with the
moving party’s estimates of the time required for the hearing.

4. Courtesy copies of all pleadings shall be delivered to the assigned judge’s judicial
assistant or courtroom clerk at the time of filing.

5. Any person submitting or filing documents with the court shall redact personal and
financial identifying information.
(Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, 7/1/2008, 1/1/2010, 7/1/2013, 1/1/15,
1/1/2022; Rev. and renumbered 1/1/2021)

8.5 PRETRIAL DISCOVERY[Repealed]

Rule 85 repealed effective January 1, 202;1 adopted effective January 1, 1997; previously amended effective January 1, 2005)

8.6 APPOINTMENT AND PAYMENT OF COUNSEL IN CONFLICT CASES

A. In cases where the Public Defender’s Office declares a conflict in Adult and Juvenile
criminal matters, the Court shall appoint conflicts counsel. (Penal Code section 987.2) The
County of Sonoma may provide a list of contract conflict counsel for the court to make
appointments. If any attorneys from the contract list declare a conflict, the Court shall
appoint the next attorney on the list. If the list is exhausted, the Court in its discretion shall
appoint other competent conflict counsel outside of the contract conflicts list.

B. In cases where the Public Defender’s Office declares unavailability, the Court shall appoint
conflicts counsel. (Penal Code section 987.2) The County of Sonoma may provide a list of
contract conflict counsel for the court to make appointments. If any attorneys from the
contract list declare a conflict, the Court shall appoint the next attorney on the list. If the list
is exhausted, the Court in its discretion shall appoint other competent conflict counsel
outside of the contract conflicts list.

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C. “Reasonable necessary ancillary defense services” shall also be ordered upon request by
conflicts counsel. (Penal Code section 987.8(g), and section 987.9; Evidence Code section
730) These requests are confidential and may be made ex-parte to the Superior Court. The
application for appointment and funds shall be accompanied by an affidavit and other
supporting documents that specifically outline the reasonableness of the request and the
appropriate amount of funds requested.

D. After the appointments are made and applications for other defense services fees are
approved, bills for payment shall be forwarded to the County of Sonoma for review and
payment, if appropriate. (Penal Code section 987.3). (Eff. 1/1/1997; Rev.1/1/2006, 1/1/2007,
7/1/2007, 7/1/2010)

8.7 APPOINTMENT OF SECOND COUNSEL

Applications for second counsel in special circumstances cases shall be made to the "P.C. 987.9" judge of the Superior Court. The application shall specify how the lead counsel intends to use the second counsel. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007)

8.8 EX PARTE APPLICATIONS FOR ORDERS

A. All applications involving criminal matters shall be presented to the assigned criminal
department.

B. All applications for a court order for the temporary release of inmates from the Sonoma
County Jail shall be filed and presented in writing along with a proposed order to the
assigned criminal department.

1. Each application shall include a written declaration showing that notice of the
application has been given to the District Attorney and to the Sonoma County
Sheriff’s Office not less than forty-eight (48) hours before the application is
presented to the Court.

2. Unless the District Attorney agrees in writing, the application shall be heard and
decided by the Court after considering the views of all parties. The Court may
under appropriate circumstances consider in camera declarations concerning the
merits of the request.

3. Any order granting the application shall include an order that the Sonoma County
Sheriff shall provide security and transportation for the applicant. Alternatively, the
Court may choose to release the inmate on his own recognizance or supervised own
recognizance if there is good cause to do so.

4. Upon submission of a declaration of indigence, the order may include a waiver of
costs or fees by the Sheriff for transportation and security.

In the event that the defendant requests confidentiality the court order may include a protective order to preserve confidentiality, upon a showing of good cause. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007)

8.9 CONTINUANCES

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A. No trial or preliminary hearing may be continued, except upon written motion establishing
good cause as required by P.C. 1050, unless otherwise required by statutory or decisional
law. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, 1/1/2021)

8.10 COURT SYSTEM

It is the goal of Sonoma County Superior Court that each department handle its assigned cases from

start to finish regardless of the custodial status of the defendant. A copy of the Criminal Division Schedule may be obtained from the Clerk’s Office, Criminal Division, or visit the court’s website at www.sonoma.courts.ca.gov. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007)

8.11 ARRAIGNMENTS

Felony arraignments will be in ECR unless arraignment and plea is deferred to the trial department. Trial departments are designated alphabetically and that alphabetic designation will be determine by the Superior Court and is subject to change, with the exception of Domestic Violence cases.

In multiple defendant cases, the assignment shall be made by the first defendant listed on the complaint. Once assigned, the case remains with the assigned judge until it is completed. (Eff. 1/1/1997, Rev. 1/1/2005, 7/1/2007; 7/1/15)

8.12 CALENDARING SYSTEM

A. First Appearance Date

First appearance date for out of custody felony defendants will be two weeks after arrest.

First appearance date for out of custody misdemeanor defendants will be four (4) weeks
after arrest except in cases where defendant is charged with violations of §§11550 and
11377 of the Health and Safety Code in which the first appearance date shall be ten (10)
days after arrest. See, Penal Code §853.6

When a defendant is charged with violations of Penal Code §§243(e)(1), 273.5, 273.6,
166(a)(4) or 422, the first appearance date shall be fourteen (14) days after date of arrest
when the defendant is not in custody.

B. Arraignments

Public Defender and District Attorney shall be present at all arraignments.

C. Schedule of Events

Misdemeanors: After the entry of a plea of not guilty, the case shall be set for a settlement
conference. If there is no settlement and no motions to be filed, the next event set shall be a
readiness conference and jury trial. Misdemeanor cases shall be disposed in accordance
with California Rules of Court - Judicial Administration Standards 2.2. (Effective 1/1/1997;
Revised 1/1/2021, 1/1/2022)

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D. Calendar Events

1. Arraignments

The District Attorney shall give a defendant, designated by the court as in pro per,
or an attorney appearing generally, a copy of all police and laboratory reports and
the complaint.

District Attorney shall file P.C. 1000 declarations if applicable.

2. Jury Trials

a. Felony cases: Defendant is to be present at jury trial unless waived by the
Court. Each judge shall conduct a pretrial conference to discuss in limine
motions, jury instructions, witness schedules and voir dire procedures.
(Eff. 1/1/1997; Rev. 1/1/2006, 7/1/2007; 7/1/15, 1/1/2022)

b. Misdemeanor Cases: Defendant is to be present at jury trial readiness and
jury trial confirmation unless waived by the Court. Each judge shall
conduct a pretrial conference to discuss in limine motions, jury
instructions, witness schedules and voir dire procedures. All motions in
limine, requested jury instructions listed by name and number, witness
list, and verdict forms shall be filed with the court no later than the first
day of trial. Unless specially set, the first day of trial is Thursday at 10:30
a.m. (Eff. 7/1/15; Rev. 7/1/2021, 1/1/2022)

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RULE 9 RULES APPLICABLE TO FAMILY LAW PROCEEDINGS

GENERAL PROVISIONS

9.1 APPLICATION [Repealed]

Rule 9.1 repealed effective January 1, 2021; adopted effective January 1,1997; previously amended January 1, 2004 and July 1, 2010.

9.1 CASE ASSIGNMENT

All Family Law cases will be assigned to a Family Law department upon the filing of the initial pleading. The assignment to a department is for all purposes. The statutory time limits to disqualify a judicial officer pursuant to CCP §170.6(a)(2) shall control. Exceptions include those cases required to be heard by the Title IV-D commissioner pursuant to Family Code section 4251 and cases filed pursuant to the Domestic Violence Prevention Act, Family Code section 6200 et seq. The assigned department shall continue to hear the case through its course unless the department is disqualified, recuses itself, there is a change in judicial assignments, or the Department of Child Support Services has intervened in the action at which time all pending support-related hearings will be re-calendared to the Child Support Commissioner. If the case must be moved for any of the above reasons, the case shall be re-assigned to another Family Law department.

(Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2007, 7/1/2007, 7/1/2010, 7/1/2012, 1/1/2018, 1/1/2021)

9.3 SANCTIONS IN RESPECT TO RULES

A. In General

Failure to comply with any applicable rules may subject the noncomplying party to
sanctions.

B. Responsibility

If a failure to comply with an applicable rule is the responsibility of counsel and not of the
party, any penalty must be imposed on counsel and must not adversely affect the party’s
cause of action or defense.

C. Notice and Procedure

Sanctions must not be imposed under this rule except upon notice in a party’s motion papers
or upon the court’s own motion after the court has provided notice and an opportunity to be
heard. A party’s motion for sanctions must (1) set forth the applicable rule that has been
violated, (2) describe the specific conduct that is alleged to have violated the rule, and (3)
identify the attorney, law firm, party, witness, or other person against whom sanctions are
sought. The court on its own motion may issue an order to show cause that shall (1) set forth

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the applicable rule that has been violated, (2) describe the specific conduct that appears to
have violated the rule, and (3) direct the attorney, law firm, party, witness, or other person to
show cause why sanctions should not be imposed against them for violation of the rule.

D. Award of Expenses

In addition to the sanctions awardable under A., the court may order the person who has
violated an applicable rule to pay to the party aggrieved by the violation that party’s
reasonable expenses, including reasonable attorney fees and costs, incurred in connection
with the sanctions motion or the order to show cause.

E. Order

An order imposing sanctions must be in writing and must recite in detail the conduct or
circumstances justifying the order. (Eff., 1/1/2004; Rev. 7/1/2010, 7/1/2013, 1/1/2021)

9.4 FAMILY LAW FACILITATOR

A. Services Provided by the Family Law Facilitator

1. Provide educational materials to parents concerning the process of establishing
parentage and establishing, modifying, and enforcing child and spousal support in
the Courts;

2. Provide educational materials and information to parents concerning the process of
establishing child custody and parenting plan orders, particularly regarding how
custody and parenting plans relate to child support, to the extent that funding is
provided.

3. Distribute necessary court forms and voluntary declarations of paternity;

4. Provide assistance in completing forms;

5. Prepare support schedules based upon statutory guidelines;

6. Provide referrals to the local child support agency, Family Court Services, and other
community agencies and resources that provide services for parents and children.

B. Additional Services Designated by Local Rule

1. Meet with the litigants to mediate issues of child support, spousal support, and
maintenance of health insurance, where at least one of the parties is not represented
by an attorney;

2. Draft stipulations and stipulated judgments regarding all Family Law issues, where
neither party is represented by an attorney;

3. At the request of the court, prior to or at the Domestic or Child Support Calendar or
other hearing, review paperwork, examine documents, prepare support calculations,
and advise the judge or commissioner whether or not the matter is ready to proceed;

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4. Prepare formal orders consistent with the court’s announced orders where neither
party is represented by an attorney;

5. When requested by the court, serve as a special master and make findings and
recommendations to the court, unless the Family Law Facilitator has served as a
mediator in that case;

6. Assist the court with research and any other responsibilities which will enable the
court to be responsive to the needs of unrepresented parties;

7. Develop and provide programs for Bar and Community Outreach that will assist
unrepresented and financially disadvantaged parties to gain equal access to the
Family Law Court. (Eff. 1/1/1997; Rev. 7/1/2005, 7/1/2009, 7/1/2010, 7/1/2012,
1/1/2022)

9.5 COLLABORATIVE LAW CASES

The Sonoma County Superior Court recognizes the unique nature of family law disputes and the fact
that family law issues are best resolved by the parties reaching agreement over such critical matters
as child custody, support, and property, without engaging in the traditional adversarial litigation
process. The Sonoma County Superior Court strongly supports the use of the collaborative law
process as well as other alternative dispute resolution tools for the purpose of developing both short-
term and long-term workable agreements that meet the best interests of the entire family,
particularly the children whose lives will be affected by the resolution.

A. Designation

No case will be entitled to a designation as a “collaborative law” case unless all of the
following requirements are met:

1. The parties have signed a collaborative law stipulation and order that provides for a
full and candid exchange of information, that advisory counsel shall not
subsequently represent either party, and the prohibition for further work on this
matter by all experts and other professionals retained for the process, if the use of
the collaborative law procedures are terminated.

2. All documents filed in the case are to be submitted by the parties as self-represented
parties. Notwithstanding this provision, the attorneys may appear by agreement as
counsel of record for the sole purpose of filing a bifurcated judgment regarding
status, the final judgment and/or other final documents reflecting the agreement of
the parties, upon the entry of which they shall immediately withdraw.

3. No contested matters are presented by a Request for Order that require judicial
resolution.

4. The term collaborative law case is included in the caption of any document filed
with the court from and after the filing of the collaborative law stipulation and
order.

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B. The collaborative law process is by its very nature, a series of intense settlement
negotiations, therefore:

1. Other than as may be agreed in the collaborative law stipulation and order, no
evidence of anything said or any admission made for the purpose of, in the course
of, or pursuant to the collaborative law proceeding is admissible or subject to
discovery, and disclosure of the evidence must not be compelled in any non-
criminal proceeding.

2. Other than as may be agreed in the collaborative law stipulation and order, no
writing, as defined in Evidence Code section 250 that is prepared for the purpose of,
in the course of, or pursuant to a collaborative law case is admissible or subject to
discovery, and disclosure of the writing must not be compelled in any non-criminal
proceeding. This does not include documentary items such as account statements,
bank statements, records of title, etc., that reflect on the existence and value of the
assets or debts.

3. Other than as agreed in the collaborative law stipulation and order, all
communications, negotiations or settlement discussions between participants in the
course of a collaborative law proceeding must remain confidential.

C. As to any case designated as a collaborative law case, the court will:

1. Consider collaborative counsel to be advisory and not attorneys of record, except as
provided in paragraph A.2. of this rule.

2. Refuse to set any hearings, impose discovery deadlines or enter scheduling orders.

3. Give priority in processing of stipulated orders.

4. Provide notice and an opportunity to be heard prior to any dismissal based upon a
failure to prosecute or for delay.

D. The designation of a case as a collaborative law case is totally voluntary and requires the
agreement of all parties. The collaborative law case designation will be removed upon
stipulation or filing and service of a termination election as provided in the collaborative law
stipulation and order. In the event collaborative law procedures are terminated, any party
filing a Request for Order shall include a request for scheduling of a case management
conference prior to the hearing.

E. Except as otherwise provided in this rule, collaborative law cases are governed by the
Family Code and the California Rules of Court. (Eff. 1/1/2005; Rev. 7/1/2005, 7/1/2009,
7/1/2010, 1/1/2013, 1/1/2017, 1/1/2021)

9.6 APPEARANCE BY TELEPHONE

A. Application

This rule does not apply to Family Court Services Appointments. To request to appear
telephonically for mediation at Family Court Services, refer to Rule 9.14.A.2. This rule
does not apply when the Department of Child Support Services is requesting the telephonic

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appearance on behalf of one of the parties. If Department of Child Support Services is the
requesting party, they shall make the request as soon as possible after the request is made of
them by the party.

B. General Provision

A party, an attorney, a witness, or a representative of the child support enforcement agency
or other governmental agency may request permission of the court to appear by telephone in
any hearing or conference. The Court shall ensure that the appearance of one or more
parties by telephone does not result in prejudice to the parties appearing in person.

C. Requests

Absent good cause, request for appearance by telephone shall be made by submitting a
separate local form, form #FL-075, to the Family Law Clerk’s Office with the moving
papers. If the applicant is the responding party, the attorney for the responding party,
another party, or a witness, the request must be submitted to the Family Law Clerk’s Office
no later than (5) five calendar days after the date of service of the moving papers. The
request by the responding party shall be served on the other parties.

D. Opposition

Opposition to the application must be made in writing no later than five (5) court days from
the submission and service of the application for telephone appearance.

E. Court Order on Application

Application and/or opposition shall be submitted to the judicial assistant for the designated
family law judicial officer. All requests and opposition papers must include a day time
telephone number and a fax number, if available, for notification purposes. The court will
rule on the application at least (5) five court days before the hearing. If the application is
not contested and the court has not ruled on the application by that time, the application is
deemed granted. If opposition is filed, the parties will be notified of the judicial officer’s
decision at least 48 hours before the hearing.

If a litigant’s request to appear telephonically is denied less than (5) five days before the
hearing, the litigant shall have the right to a continuance in order to make travel
arrangements to attend the hearing.

The determination as to whether a party may appear by telephone shall be made by the court
on a case-by-case basis. At any time before or during a proceeding or hearing, the court
may determine that a personal appearance would materially assist it in deciding the
proceeding or hearing and order the matter continued.

F. Costs

The party appearing by telephone will be required to pay a fee directly to the vendor who provides the telephonic appearance services. The fee may be waived if an Order Granting Fee Waiver has been issued by the court. (Eff. 7/1/2005; Rev. 7/1/2007, 7/1/2008, 1/1/2009, 7/1/2009, 7/1/2010; 1/1/2012. 7/1/2012, 7/1/14, 1/1/2016, 1/1/2018)

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9.7 ACCEPTANCE OF HANDWRITTEN PLEADINGS

Litigants may submit handwritten pleadings in blue or black ink that are neat and legible. The judicial officer and/or Clerk’s Office have the discretion to reject handwritten pleadings that are not neat or legible. (Eff. 1/1/1997; Rev. 7/1/2005, 7/1/2009, 7/1/2010, 1/1/2021)

9.8 LIMITED LEGAL REPRESENTATION [Repealed]

Rule 9/8 repealed effective January 1, 2021; adopted effective January 1, 2003; previously amended effective July 1, 2005, January 1, 2007, July 1, 2009, July 1, 2010 and July 1, 2013.

9.9 DOCUMENTS NOT TO BE FILED WITH THE COURT

In family law cases only, notices of unavailability shall not be filed with the court. (Eff. 1/1/05; Rev. 7/1/05, 7/1/09; Retracted 7/1/10; Reinstated 7/1/11)

CASE FLOW PROVISIONS

9.10 CASE RESOLUTION CONFERENCE

A. Purpose:

The purpose of a Case Resolution Conference is to provide judicial management in family
law matters in order to expedite the process of the case, reduce expense of litigation, and
focus on early resolution by assisting the parties in establishing processes and procedures to
bring a case to a final disposition in an effective and timely manner pursuant to CRC 5.83
and FC 2450.

At the Case Resolution Conference, the court may:

● Provide early neutral case evaluation;

● Suggest Alternative Dispute Resolution;

● Bifurcate issues and set these issues for trial;

● Make special referrals such as co-parent counseling;

● Order completion of Declarations of Disclosure if they have not been timely
exchanged pursuant to Family Code section 2104(f);

● Limit, schedule or expedite discovery, including disclosure of expert witnesses

● Appoint joint experts upon stipulation of the parties and order allocation of
payment for experts;

● File stipulations the parties reach on temporary issues or that narrow the other
issues;

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● Schedule a hearing on issues that are critical to the progress of the case; for
example, appointment of minor’s counsel, appointment of experts;

● Set the case on a dismissal calendar for failure to serve (CCP 583.210) or failure to
adjudicate (CCP 583.310), unless CCP 583.161 applies;

● Review other case management options under Family Code section 2451 with
counsel, their clients and self-represented parties;

● Take such other actions and make orders regarding case flow management which
would tend to promote a just and efficient disposition of the case.

B. Requests to Reset/Advance/Set Case Resolution Conference:

The Court may set a Case Resolution Conference by issuing a Setting Order (FL-073).
Parties, upon a showing of good cause, may request to set, reset or advance the Case
Resolution Conference by submitting the Case Resolution Conference form (FL-092).
Setting Orders shall provide at least 45 advance notice of the court date. All parties must
complete the Case Resolution Conference Statement portion of form, FL-092, and have it
filed and served on all parties at least 10 calendar days prior to the Case Resolution
Conference.

Parties requesting to set, advance or reset a Case Resolution Conference are required to
complete page two (2) of form FL-092.

C. Appearances

Self-represented parties and attorneys of record must appear at the Case Resolution
Conference unless excused by the Court. Failure to appear at the Case Resolution
Conference may result in sanctions. If the Department of Child Support Services is a party
to the action, their appearance is not required unless requested by the Court.

D. Drops from the Case Resolution Conference Calendar

A case shall not be dropped from the Case Resolution Calendar until a final judgment
addressing all issues in the case has been filed with the court.

(Eff. 1/1/2008; Rev. 7/1/2008, 1/1/2009, 7/1/2009, 7/1/2010; Revised and Renumbered
7/1/2011 – formerly Rule 9.10; Rev. 1/1/2012, 7/1/2012, 1/1/2013, 2/24/14, 1/1/2021)
(Renumbered 1/1/2016)

9.11 DOMESTIC VIOLENCE RESTRAINING ORDERS (FAMILY CODE §§ 6200-6389)

Notice and Delivery of Applications for Domestic Violence Temporary Restraining Orders, including copies of all documents to be submitted must be given to the opposing party or attorney by 10:00 a.m. the day before the application is scheduled to be reviewed by the assigned judicial officer. For details see local form FL-040.

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Opposition papers must be received by 8:30 a.m. on the day of the review. A copy of the opposition papers shall also be served personally, by fax or e-mail on the opposing party by 8:00 a.m. on the day of judicial review. If service of the opposition papers is not possible, an ex parte declaration shall be filed providing the reasons for the lack of service. (Sonoma County form FL-040).

Judicial review of the requests for temporary orders shall be conducted Monday through Friday beginning at 8:30 a.m. by a judicial officer designated by the presiding judge. At the discretion of the judicial officer, oral argument may be taken. If this is to occur, the court will notify counsel or parties by noon on the morning of the review. If counsel or parties wish to appear by telephone, their pleadings shall so indicate. (Eff. 7/1/13; Renumbered 1/1/2016; 7/1/2017)

9.12 EX PARTE/EMERGENCY FAMILY LAW ORDERS

It is the policy of this court not to grant ex parte/emergency orders changing the status quo with
respect to child custody, parenting plans or residence exclusion without a very strong factual
showing of grave danger or severe detriment to the child prior to the time the issues can be properly
set for a noticed hearing with both parties present and afforded an opportunity to be heard. The
court may in its discretion refer the matter to Family Court Services for a child custody
recommending counseling appointment prior to signing an order shortening time for the prompt
calendaring of the matter at the earliest available OSC calendar.

A. Declarations

1. Factual Basis

All declarations shall be based upon personal knowledge of the declarant. Declarations
containing hearsay are subject to a motion to strike the whole unless the hearsay is
substantiated by a supplemental declaration by the hearsay declarant.

2. Extraordinary Relief

A very specific declaration must be given when extraordinary relief is sought. A specific
declaration includes the dates of incidents, detailed descriptive facts and specific harm
threatened or actually caused. Conclusions, feelings, wishes or fears alone will not support
an ex parte/emergency order. Extraordinary relief includes without limitation: temporary
custody of children, temporary possession and use of personal property, limited contact with
children, or removal of one party from the family residence.

3. Declarations Upon Ex Parte/Emergency Application

Ex parte/Emergency orders are sometimes rendered without giving an opportunity for the parties to be personally seen and heard. The temptation to indulge on paper in unrestrained exaggeration is ever-present. Concealment of relevant facts is a danger. Accordingly, attorneys, parties and persons employed to type pleadings (typing services) shall adhere to the highest standards of full disclosure in preparing the declarations in support of ex parte/emergency orders.

4. Change of Status Quo

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THERE IS AN ABSOLUTE DUTY TO DISCLOSE THE FACT THAT A REQUESTED
EX PARTE/EMERGENCY ORDER WILL RESULT IN A CHANGE OF THE STATUS
QUO.

B. Notice

Notice of the intent to file an ex-parte/emergency request for temporary family law orders must be
given to the opposing party or attorney by 10:00 a.m. one court day before the application is
scheduled to be reviewed by the assigned judicial officer. This notice requirement can be waived by
the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3)
immediate and irreparable harm could be suffered if notice were given. Local form FL-016 and
Judicial Council form FL-303 have been adopted for optional use in advising the Court that you
have given notice to the other side. See either form for information for applicants. A completed FL-
016 or FL-303 must be submitted to the court when your request for temporary/emergency orders is
submitted.

C. Delivery of Application

The application, including all declarations, attachments, and documents intended for court review
shall be delivered to the opposing party/attorney by 11:00 a.m. one court day before the application
is scheduled to be reviewed by the assigned judicial officer. A blank copy of Local form CA-106
must be delivered to the opposing party/attorney with the applicant’s documents.

D. Opposition

Opposition papers must be received on the day the application is scheduled to be reviewed by the
assigned judicial officer. A copy of the opposition papers shall also be served personally, by fax or
e-mail on the opposing party or attorney by 9:30 a.m. on the day of judicial review. Local form CA-
106 has been adopted for optional use in submitting opposition. Information for the opposing party
is included with form CA-106.

E. Judicial Review

Judicial review of the applications for ex parte/emergency family law orders shall be conducted
Monday through Friday beginning at 10:00 a.m. by a judicial officer designated by the Presiding
Judge.

At the discretion of the judicial officer, oral argument may be taken. If this is to occur, the court
will notify counsel or parties by noon on the day of the review. If counsel or parties wish to appear
by telephone, their pleadings shall so indicate

F. Set Aside of Ex Parte/Emergency Order (Domestic Violence and Family Law)

If a responding party requests an ex parte/emergency order be set aside prior to the date set for
hearing on the Domestic Calendar, notice shall be given to the moving party in the same manner as
described in Sonoma County Local Rules, rule 9.12 and 9.13. The judicial officer may order an
earlier hearing date or modify the orders on a proper showing in lieu of setting aside the orders.

(Eff. 7/1/2005; Rev. 1/1/2007, 7/1/2007, 1/1/2008, 1/1/2009, 7/1/2009, 1/1/2010, 7/1/2010; Revised
and Renumbered 7/1/2011 – formerly Rule 9.11; Rev. 1/1/2012, 7/1/2012, 7/1/2013, 7/1/14; 7/1/15;
Renumbered 1/1/2016, 1/1/19)

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9.13 DOMESTIC AND CHILD SUPPORT CALENDARS

A. Calendar (Domestic and Child Support)

1. Domestic and Child Support matters shall be heard as designated by the Presiding
Judge. A copy of the current designation may be obtained from the Clerk’s Office
or the Sonoma County Superior Court website at www.sonoma.courts.ca.gov.
Domestic matters shall be heard by a judge, court commissioner, or persons
specified by the Presiding Judge.

2. Matters will be scheduled for a hearing date, time and courtroom at the Clerk’s
Office upon the filing of moving papers.

3. Every party who files a Request for Order or Responsive Declaration involving
child custody or visitation may also complete and file a Family Law Child Custody
and Visitation Questionnaire (FL-045). The purpose of the questionnaire is to
provide the Child Custody Recommending Counselor and the judicial officer with
focused information regarding the child(ren). When this form is completed it must
be filed and served to the other party.

4. Unless agreed to by all parties, contempt proceedings shall not proceed at the initial
calendar date. The moving party need not have witnesses available at that time.
The initial calendar date shall be for the appointment of counsel if necessary, entry
of plea, and the setting of a trial date.

B. Responsive Pleadings

Responsive pleadings to a Request for Order shall be filed and served within the time
provided by law. An order shortening time for service may specify a different time for
filing responsive documents.

An exception to these pleading rules may be allowed by the court to allow more time to file
a response if the matter is an initial Request for Order on a new matter or a post judgment
motion or for good cause shown. If additional time is permitted to file a response, the
moving party may request that the hearing be continued.

Sanctions for failure to comply with the rules may include the hearing being conducted as a
default matter, or if a continuance is requested, the party whose pleadings are untimely filed
may be required to pay the costs of the opposing party's appearance.

C. Meet and Confer Requirements

No case on the Domestic Calendar, Case Resolution Calendar, Settlement Conference Calendar, Trial Calendar, or the Child Support Calendar will be heard unless and until ALL THE PARTIES, COUNSEL, AND THE LOCAL CHILD SUPPORT AGENCY (when involved in the case) have met and conferred, face to face, in a good faith effort to resolve all issues. All relevant documents shall be exchanged by all the parties, their counsel, and the local child support agency while conferring, absent good cause to the contrary.

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The requirement to meet and confer may be satisfied by a meeting on the day of the hearing
prior to the case being heard.

Failure to so meet and confer may result in the matter being dropped from calendar or
continued, or rejection of documents not so exchanged, or other appropriate sanctions.
Contempt proceedings shall not be subject to this rule.

D. Continuance or Drops

Continuances on Domestic and Child Support Matters
Stipulated continuances prior to the court date will be allowed a maximum of two (2) times.
Thereafter, a court appearance is required to request a continuance. The party(ies)
requesting a continuance after two continuances has/have already been granted, shall be
required to show good cause and/or an emergency. All requests beyond the maximum
two (2) will be delivered to the judicial assistant for the assigned judicial officer to
review.

To request a continuance, a NOTICE OF STIPULATED CONTINUANCE (FAMILY
LAW) (Sonoma County form FL015) completed and executed by all parties or their
attorneys and the continuance fee must be submitted to the family law clerk no later than
noon (12:00 p.m.) two (2) court days prior to the hearing date. Signatures transmitted by
facsimile transmission (fax) are acceptable.

If a party is unable to submit a Notice of Stipulated Continuance, Sonoma County local
form FL015, to the court by noon (12:00 p.m.) two (2) court days prior to the scheduled
hearing, then good cause and/or an emergency must be shown to the court on the day of the
hearing. Furthermore, a courtesy call to the Judge’s judicial assistant is required by 3:00 pm
one (1) court day prior to the scheduled hearing. The content of the call shall be limited by
providing only notice that an in court continuance will be requested and that good cause
and/or an emergency will be presented.

Orders to show cause and motions shall be heard and resolved within four (4) months of the
original hearing date absent a showing of good cause and/or an emergency.

E. Continuances on the Title IV-D Calendar

Requests for continuances on the Child Support calendar may be effected via NOTICE OF
STIPULATED CONTINUANCE pursuant to the rules above, OR may be made via
personal appearance on the scheduled hearing date. Litigants who wish to have child
support matters continued must contact the Department of Child Support Services to verify
available calendar dates. There is no fee for continuing a child support matter on this
calendar

F. Dropping a Case from the Domestic or Child Support Calendars

The moving party may drop a hearing from the Domestic or Child Support Calendar by submitting the Request to Drop Hearing form (FL-042) or submitting the request in pleading format, noon (12:00 p.m.), one (1) court day prior to the hearing date. The

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following matters may not be dropped without a written stipulation covering the status of
existing court orders or upon leave of the Court:

a. Restraining orders.

b. Child custody and visitation parenting plans or orders which have been
issued in conjunction with a domestic violence restraining order and
transmitted to the Department of Justice through the California Law
Enforcement Telecommunications Systems (CLETS).

c. Any matter in which a Responsive Declaration has been filed seeking
affirmative relief on the pending issues

G. Financial Matters

1. 271 Sanctions
If the moving party is seeking only Family Code Section 271 fees (and no other
financial relief), the moving party need not file an Income and Expense Declaration.
However, a party objecting to an attorney fee request based on their inability to pay
attorney’s fees shall be required to file an Income and Expense Declaration.

2. The Income and Expense Declarations: The Income and Expense Declaration shall
have the following documents attached:

a. W-2's or 1099 forms if the income tax return is unavailable; and

b. Last three (3) pay stubs.

c. Self-employed individuals shall attach a profit and loss statement for the
preceding twelve (12) months, or other appropriate time period, at least as
detailed as the IRS form Schedule C, to their Income and Expense
Declaration.

In addition, if more than three (3) months have elapsed since the filing of the
Income and Expense Declaration, self-employed individuals shall prepare a
supplemental profit and loss statement, again at least as detailed as the IRS form
Schedule C, for the period of time between the ending date of the profit and loss
statement attached to the Income and Expense Declaration and the time of the
hearing. Any supplemental profit and loss statement shall be delivered to the other
party no later than three (3) court days preceding the hearing date.

3. Tax Returns: The parties shall also exchange the last two (2) years income tax returns,
including all attachments. If the court determines that it wants to retain the tax returns
they shall be sealed and maintained as a confidential record of the court pursuant to
Family Code section 3552(c).

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Deposition releated to financial matters: In the event that depositions are necessary in connection with a Request for Order relating to financial matters, the deposition of any party may be bifurcated and taken as to financial issues without violating the statutory limitation of a single deposition, provided the notice of taking deposition specifies that only financial matters will be investigated and that the deposition will be adjourned to a later date for all other issues. This procedure also may be applied to a deposition regarding issues which have been bifurcated for trial.

(Eff. 7/1/2005; Rev. 1/1/2007, 7/1/2007, 1/1/2008, 7/1/2008, 1/1/2009, 7/1/2009, 7/1/2010, 1/1/2011; Revised and Renumbered 7/1/2011 – formerly Rule 9.12, 1/1/2021; Rev. 1/1/2012, 7/1/12, 1/1/2013, 7/1/2013, 7/1/14; 7/1/15, 1/1/2016, 1/1/17; 7/1/2017, 1/1/2018; 7/1/18, 1/1/22)

9.14 MEDIATION AND CHILD CUSTODY RECOMMENDING COUNSELING (CCRC)

A. Purpose
The purpose of the Mediation and CCRC session is to reduce the acrimony which may exist
between the parties and to develop a custody/visitation plan which ensures that minor
child(ren)’s frequent and consistent contact with their parents, when it is in their best interest.
All parties shall make a good faith effort to arrive at an agreement regarding child custody and
visitation before scheduling appointments with Family Court Services, and before the court
hearing, except in those cases where domestic violence or other restraining orders have been
issued or are pending a hearing, or where there are allegations of child abuse or neglect currently
under investigation.

B. Services: Mediation, Information Review and Child Custody Recommending
Counseling

1. Confidential Mediation (Tier I). Tier I referrals are for confidential mediations for
families who have been unable to reach an agreement regarding custody and parenting
time. Tier I mediation shall be made available in all cases in which child custody or
visitation is an issue.

a. Children shall not participate in Tier I.

b. Tier I is confidential except the mediator may report any suspected child abuse,
elder abuse, if someone is a danger to themselves or others or if a parent reports
to have committed or intend to commit a serious crime.

c. All cases filed with the Clerk’s Office will be calendared in Tier I.

d. Any agreements reached by the parties, as well as any outstanding issues, will be reported to the Court and the parties, via a written report.

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e. A hearing will be calendared following a Tier I session.

2. Information Review and Summary (Tier II). Tier II referrals are for the purpose of
reviewing and summarizing specific information filed with the Court. A judicial officer
has the discretion to include specific areas of inquiry in a Tier II referral including but
not limited to, local criminal records, Child Protective Services records, as well as child
interviews. Aside from these three aforementioned collaterals, should the Court require
additional review information to be summarized by a Family Court Services staff
member (i.e., law enforcement, school, medical or psychological records, etc.); the
judicial officer will order the party to file such records with the Court, and for the
Family Court Services staff member to review and summarize the required information.
The parties shall have 30 days from the date of such order to file the required
documents. Failure to file the required documents may result in a continuance or a court
decision being made without the additional information. Tier II summary reports will be
provided to the Court and the parties. The confidentiality of Tier II sessions is limited as
a summary report is provided to the Court.

a. A review hearing will be calendared when a Tier II session is ordered.

b. It is not the intent of the Court for parties to circumvent Tier II by referring
parties directly to Tier III after Tier I.

3. Child Custody Recommending Counselling (Tier III). The Court will refer parties to
Tier III, child custody recommending counselling sessions. The child custody
recommending counselor will report on any agreements reached. In the absence of any
agreements, recommendations will be made based on the child(ren)’s best interest. Tier
III reports will be provided to the Court and the parties. The confidentiality of Tier III is
limited as a report is provided to the Court.

a. A review hearing will be calendared when a Tier III session is ordered.

b. In the absence of unusual circumstances as determined by the Director of
Family Law or order of the Court after a hearing before a judicial officer,
mediators will not be assigned to conduct Tier III sessions.

Tier II or Tier III referral assignments. Assigned mediators will not be assigned to conduct Tier II or Tier III sessions, in the absence of unusual circumstances as determined by the Director of Family Law or order of the Court after a hearing before a judicial officer.

C. Referral to the Online Orientation Program and Family Court Services

All Requests for Orders regarding custody or parenting plan issues must be filed and served with local form FL-017, Further Orders for Parties with Custody and Visitation Matters. Appointment dates for mediation or child custody recommending counseling appointments (hereafter referred to as recommending counseling) may be obtained through the Clerk’s

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Office on the date of filing. No contested child custody or parental contact cases, including
requests for review dates and requests for modifications, will be heard by the Court unless
and until the parties have been provided appropriate opportunity to view an orientation class
and attend a mediation or recommending counseling appointment.

All parties shall view the online orientation program and complete an online intake form,
prior to attending the mediation or recommending counseling appointment as directed on
the Further Orders for Parties with Custody and Visitation Matters document. The online
orientation program cannot be waived and must be viewed prior to the Family Court
Services appointment. Should the parties fail to view the orientation or complete the intake
form prior to their session, they will need to take time from the 90 minutes that are allocated
to his/her respective session and view the online orientation program. The Family Court
Services session will not move forward until the parties have complied with these two
mandatory provisions.

D. Documents to be Delivered and Reviewed by the Mediator/Child Custody

Recommending Counselor

All relevant materials to be considered by Family Court Services must be delivered
to all other parties in a timely manner. E-mail delivery is permitted upon the
attorney of a represented party. E-mail service is not permitted upon a self-
represented party without the party’s express consent on form EFS-005-CV.

Delivery shall be as follows:
1. Moving documents must be filed and personally delivered or e-mailed no
less than seven (7) court days prior to the appointment. If delivery is by US
Mail, documents must be mailed to opposing party seven (7) court days
plus five (5) calendar days prior to the appointment date. Proof of delivery
is required. Responding documents must be filed and personally delivered
or e-mailed no less than two (2) court days prior to the appointment. If
delivery is by US Mail, documents must be mailed to opposing party two
(2) court days plus five (5) calendar days prior to the Family Court Services
appointment.

2. For review hearings, documents must be personally delivered or e-mailed
ten (10) court days in advance of the FCS appointment. If sent by mail, then
documents must be mailed five (5) additional calendar days in advance.
This does not affect either party’s right to timely file any appropriate
pleadings with the Court before the review hearing itself. Documents filed
or delivered after the time set forth in this paragraph will not be reviewed
by the FCS staff. Courtesy copies shall not be submitted.

3. No court documents shall be served or exchanged at Family Court Services.
Recordings, electronic communication and photos shall not be submitted or
shared at the time of the session.

E. Complaints or Requests for Change of Mediator or Recommending Counselor

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Any request for a change of mediator or recommending counselors must be
received by the Office of the Court Executive Officer or his/her designee no later
than 30 calendar days after the mediation or recommending counseling session and
should be addressed to the Court Executive Officer. Requests or complaints
received after this time will not be considered. The request or the complaint should
be completed and submitted using the Family Court Services Complaint Process
Regarding a Mediator/Child Custody Recommending Counselor online form. A
response to the complaint will be issued in writing 30 calendar days after the
complaint is received. The other party will be copied with the response.

Complaints or disagreements related to the content of the Family Court Services
report must be addressed with the Court.

F. Contact with Family Court Services

No party, attorney, or the Court is permitted to have ex parte contact with the
assigned Family Court Services mediator or recommending counselor about the
pending case.

Minor’s counsel may contact Family Court Services pursuant to Family Code
section 3151(c)5 to obtain and provide relevant information regarding the child(ren)
they represent. However, Family Court Services is prohibited from contacting the
minor’s counsel pursuant to California Rule of Court 5.235.

Unsolicited communications (e-mails and correspondence via regular mail) are not
permitted and will not be reviewed or considered.

G. Appointment of Child Custody Evaluators

1. Referral

In the event of a referral to a private psychological expert for a custody
evaluation and report, the parties shall complete the Order Appointing Child
Custody Evaluator (FL-327) and the Court shall make an order regarding
the payments of the costs of such evaluation at the time the evaluation is
ordered.

2. Time Limits

Custody Evaluation Reports will be lodged with the Court within ninety
(90) days of the date such investigation has commenced (120 days if one
party resides outside the county). The “commencement date” for a report
by a private psychological expert shall be when the parties have paid the
required deposit/retainer and submitted any required paperwork.

Custody Evaluation Reports are confidential and shall be distributed to
parties, attorneys, experts, and the Court. The report, or any portions
thereof, shall not be shown or distributed to any other person or used or
attached to any document filed with the Court, except as authorized by the
Court. Upon a request by the evaluator or a party, the Court may make
additional and/or more limited restrictions regarding the release and

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distribution of the report. The Court shall sanction unauthorized
distribution or use of the report.

3. Complaints or Requests for Change of Private Evaluator

An evaluator may only be disqualified or removed at the request of a party
on grounds that are similar to the disqualification or removal of a judicial
officer, referee or arbitrator (Code of Civil Procedure. section 170.1).

An evaluator may decline appointment. Once appointed, an evaluator may
petition the Court for withdrawal by submitting a letter to the Court, with
copies to counsel and/or self-represented parties. The letter shall state the
reasons for the request for withdrawal. The Court shall thereafter set a
hearing to determine whether the request will be granted and if granted, to
appoint a new evaluator.

A party with a grievance regarding an evaluator shall first meet with the
evaluator to attempt to resolve the issue, if the evaluator is willing to meet.
If the evaluator is not willing to meet, or if after meeting with the evaluator,
the grievance is unresolved, complaints regarding an evaluator shall be
directed to the Family Law Judicial Officer who is or has been hearing the
case. The complaint shall be in writing and should set forth the case name,
number and the nature of the complaint, including all the facts and
circumstances with as much clarity and specificity as possible.

4. Contact with Private Child Custody Evaluator

No party, attorney, or the Court is permitted to have any ex parte contact
with the assigned child custody evaluator about the pending case, except as
directed by the child custody evaluator during the custody evaluation
procedure.

H. Appointment of Parent Coordinator

1. Parties may stipulate to the appointment of a Parent Coordinator or Parent
Coordinator Team.

Parent Coordinator Team: If the parties stipulate to the appointment of a Parent Coordinator Team, the parties or their attorneys, if represented by counsel, shall contact the proposed mental health and attorney members of the Team to obtain his/her consent to act as a Team. The Team may only be appointed by agreement of both parties and upon each Team member signing the Stipulation and Order Regarding Appointment of Parenting Coordinator FL-030 and the attorneys for the parties signing The Role of the Client’s Attorney document, Sonoma County Local Form FL-031. Any requested modifications to the provisions of the local forms must be approved by each Team member. A Stipulation and Order for Appointment of Parent Coordinator Team may only be submitted to the Court for approval and signature after obtaining the confirming signatures of the mental health and attorney members of the Team.

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3. Attorneys and mental health professionals who want to be appointed as
parent coordinators must complete the application for approval to serve as a
parent coordinator (FL-037) and submit it to the Court.

4. The Court shall maintain a list of approved Parent Coordinators who have
satisfied the requirements set forth in the application.

5. The Court shall annually contact the parent coordinators on the list and
request declarations from them stating their current education and licensing
status.

I. Appointment of Minor’s Counsel

1. Family Code section 3150 Appointments

a. The Court may appoint counsel to represent a child in a custody
proceeding. The Court shall require the parties to submit financial
information, such as an Income and Expense Declaration, in order
to consider whether the parties are able to pay the minor’s counsel
fees. The appointed attorney shall receive a reasonable sum for
compensation and expenses. The Court shall set the attorney’s
hourly rate taking into consideration the parties’ financial
circumstances. The rate may be up to the attorney’s full hourly
rate. The Court shall apportion payment of the hourly rate between
the parties depending on the parties’ respective financial
circumstances. The Court may order the parties to submit updated
financial information.

b. If the Court finds that the parties cannot afford to
compensate the minor’s counsel, appointed counsel shall be
compensated at the rate established by the Superior Court of
Sonoma County.

Fees and expenses including, but not limited to, travel time, mileage to or from any location, tolls, photocopy charges, telephone or fax costs, secretarial or document processing fees, postage, preparation of billing package, and court runner and messenger fees, shall not be reimbursed. Fees shall not be charged by the Court for the filings of appointed counsel. The Court shall make an order of appointment, which will include the rate of payment and an expiration date for the appointment. Minor’s counsel, appointments will be reviewed annually, and the Court may require additional Income and Expense Declaration submissions by the parties to determine whether a change in circumstances has enabled the parties to pay future minor’s counsel fees.

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The appointed counsel shall submit invoices for payment on a
quarterly basis. The Court uses a fiscal year that operates from July
1st - June 30th. Request for payment by appointed counsel must be
submitted within the fiscal year that the services were performed or
the invoice will not be paid. The only exception is at the close of
the fiscal year (June 30th), where the appointed counsel may submit
an invoice for work performed in the last quarter of the fiscal year
by July 31 st of that calendar year.

When submitting an invoice to the Court for reimbursement the
appointed counsel must include: (1) the order indicating the
appointment and the terms of compensation, (2) a declaration of the
attorney and detailed invoice which clearly describes the services
provided and the hours assigned to each service, and (3) a proposed
order for payment.

All requests for payment are subject to judicial review. If the
reviewing judge deems the charges excessive or not conforming to
this rule, charges may be reduced or disallowed.

c. Application for Appointment for Family Code section 3150

Appointments

aa. To apply to be on the court approved attorney appointment
panel for Family Code section 3150 appointments, an
attorney must file an application and confirmation that they
have met the educational requirements with the family law
supervising judge.

bb. The Court will evaluate the application and notify the
applicant within 30 days of the Court’s decision.

cc. The Court will only appoint attorneys who are members of
the court approved counsel panel.

d. Annual Review

aa. Upon appointment of minor’s counsel the Court will set an annual review of the appointment of minor’s counsel. This date will be approximately twelve 12 months after the first appearance of minor’s counsel in the case.

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bb. At the annual review, the Court will determine whether the
minor’s counsel has satisfied his/her education
requirements as set forth in CRC 5.242(c-e).

cc. The annual review will be scheduled in the order of
appointment or at the child’s counsel’s first court
appearance of the case.

e. Relieving Minor’s Counsel of Appointment

The Court, in its discretion, will consider relieving minor’s counsel
of appointment under the following circumstances:

aa. At the time of a final order or judgment has been filed, or
90 days thereafter, or;

bb. A motion filed by any party for good cause; or

cc. A motion to be relieved filed by the minor’s counsel if the
minor’s counsel does not believe that he or she can
effectively represent the child; or

dd. At the annual review.

ee. Minor’s counsel will not be relieved if the Court, upon a
showing of good cause, deems it necessary to extend the
appointment, or if the Court requests periodic review or
monitoring of the child related issues before the Court. At
any hearing where the Court is considering relieving
minor’s counsel, the Court will address the issues of
reimbursement of fees paid to minor’s counsel by the
Superior Court. All parties must file current income and
Expense Declarations at the hearing.

f. Grievance

A party or counsel who wishes to lodge a complaint regarding the
performance of a minor’s counsel appointed by the Court must do
so in writing and serve the original of the complaint on the minor’s
counsel no later than 20 days after the event giving rise to the
complaint or within 20 days of receiving any written report of the
minor’s counsel.

No later than 10 court days after the receipt of the complaint, the
minor’s counsel must serve the complainant with a written response
to the complaint. Without conceding the accuracy of the contents of
the complaint, minor’s counsel may ask the Court to relieve him or
her of the appointment and, if appropriate, appoint a new minor’s
counsel.

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If the response served by the minor’s counsel does not resolve the
complaint, the complainant must serve a copy of the complaint and
the response of the minor’s counsel, if any, on the supervising
family law judge whose decision concerning the complaint, which
may include removing the minor’s counsel from the panel of
minor’s counsel used by the Court, will be final. The decision by
the supervising judge must be served on the complainant and
minor’s counsel within 15 court days of receipt.

g. Minors counsel may contact Family Court Services pursuant to
Family Code section 3151(c)5 to obtain and provide relevant
information regarding the child(ren) they represent. However,
Family Court Services is prohibited from contacting the minors
counsel pursuant to California Rule of Court 5.235.

h. All other aspects of Family Code Section 3150 appointments are
governed by California Rules of Court 5.240 - 5.242.

J. Family Code section 7860 Appointments

The Court may appoint counsel to represent a child or parent in a freedom from parental custody and control proceeding. The appointed attorney shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the Court. The amount shall be paid by the real parties in interest, other than the child, in proportions the Court deems just.

If the Court finds that the real parties in interest are unable to afford counsel, the

amount shall be paid out of the general fund of the county.

All requests for payment are subject to judicial review. If the charges are deemed excessive by the reviewing judge, charges may be reduced or disallowed. (Eff. 7/1/13; Rev. 7/1/14) (Renumbered 1/1/2016; 1/1/2018, 7/1/19, 1/1/2021,

1/2022)

9.15 CHILD SUPPORT

A. Guidelines for Child and Spousal Support

1. Child support shall be awarded in accordance with Family Code section 3500 et seq.
and shall be determined by the use of a Judicial Council approved computer
generated calculation that complies with the formula set forth in Family Code
section 4055.

Temporary spousal support shall be awarded in accordance with Family Code section 3600 et seq. and may also be determined by the use of a computer generated calculation that applies the “Alameda Rule”.

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The “Alameda Rule” provides:

(a) In cases in which there is no child support, the guideline shall be 40% of the
net income of the payor minus 50% of the net income of the payee.

(b) In cases in which there is to be child support, the guideline shall be 35% of
the payor’s net income, after deducting the child support amount, minus
40% of the payee’s net income.

B. Computer Generated Support Calculations

With the exception of permanent spousal support matters, in all proceedings in which
support an issue, the parties shall submit an approved computer generated calculation that
sets forth their proposal for child support and/or temporary spousal support.

If a support modification is at issue, the parties shall indicate on their respective proposals
the date and amount of the order that the court is being asked to modify.

All orders after hearing, including stipulations, that contain child and/or temporary spousal
support provisions, including orders for $0 support, shall have attached a computer
generated support calculation setting forth the guideline amount and the assumptions used
by the court in determining the support amount. If the parties do not agree upon a single
calculation, each party may attach a computer generated calculation.

C. Reimbursement Issues

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

(Eff. 7/1/13; Renumbered 1/1/2016; Rev. 1/1/2021)

9.16 PUBLIC ASSISTANCE

If one party is receiving public assistance or if the local child support agency is otherwise providing
support enforcement services pursuant to Family Code sections 17400 and 17406, all of the
following shall apply:

A. A copy of the Request for Order and all supporting documents shall be served on the local
child support agency at the same time the papers are served on the opposing party;

B. The fact that any party is receiving public assistance shall be revealed on the financial
declarations filed with the court;

C. All orders shall comply with Family Code sections 4200 and 4201;

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D. All stipulations for temporary or permanent orders shall be presented to the local child
support agency for approval pursuant to Family Code section 4065(b) in sufficient time for
the local child support agency to object if it deems it necessary to do so. (Eff. 7/1/2005;
Rev 7/1/2009, 7/1/2010; Renumbered 7/1/2011 – formerly Rule 9.13, Rev. 7/1/12, Rev.
7/1/13) (renumbered 1/1/2016)

9.17 PREPARATION OF ORDERS AFTER HEARING

A. Unless otherwise ordered by the court, the moving party must, within ten (10) days of the
ruling, prepare a written order following any hearing. Parties shall follow the procedures
outlined in CRC 5.125.

B. On the Child Support Calendar, the order shall be prepared and presented to the court for
approval before the end of the court session whenever possible.

C. On the Domestic Violence Calendar, the order shall be prepared and presented to the court
for approval before the end of the court session.

D. Any order that includes an order for child or family support shall have attached the
following Judicial Council forms:

1. Notice of Rights and Responsibilities, Health Care Costs and Reimbursement
Procedures (Judicial Council form FL192);

2. Information Sheet on Changing a Child Support Order (Judicial Council form FL
192 side 2);

3. A Judicial Council approved computer generated support calculation. If the parties
do not agree upon a single calculation, each party may attach a computer generated
calculation; and

4. Notice of Rights and Responsibilities, Child Care Costs and Reimbursement
Procedures if the order provides for payment of a percentage or ratio of child care
costs (Sonoma County form FL020).

In addition, the parties shall submit a completed Child Support Case Registry Form
(Judicial Council form FL-191) with the order. This form is not required if the local
child support agency is an intervener in the case.

E. The Court shall set a compliance calendar date within 90 days after the hearing to assure the
Order After Hearing is filed.

F. In accordance with LR 9.4.B.2, for cases in which both parties are self-represented, the
Court may direct the Family Law Facilitator/Self Help Center staff to complete Judgment
documents based on settlements reached during Settlement Conferences at court, or after
Trial. The Family Law Facilitator / Self Help Center is not limited to ten (10) days in which
to draft the Judgment.

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1. After Settlement Conference, if the parties are not at court to review and sign the
Judgment, the draft shall be mailed to the parties, who shall have twenty (20) days
from the date the drafted Judgment is mailed in which to approve or refuse to sign
the drafted Judgment.

2. If the Judgment is approved by the parties, they shall cooperate in signing the
Judgment and any other necessary documents, and submit them for filing prior to
the compliance date. The parties may use the service of the Family Law Facilitator
/ Self Help Center staff for assistance in signing and submitting the Judgment
documents. Once the Judgment is filed, the compliance date shall be dropped.

3. If either party refuses to approve the drafted Judgment, the refusing party shall
provide the other party, in writing, with an itemization of objections and a proposed
alternative to the drafted judgment.

a. If the refusal is resolved, and parties agree to sign the proposed Judgment or
an alternative to the Judgment, they shall follow the procedures after
approval as stated in #2 above.

b. If the parties do not resolve the refusal, they shall appear at the compliance
hearing. Ten (10) days prior to the hearing, the refusing party(ies) shall file
and serve a declaration itemizing the items refused and the reasons for the
refusal.

4. After trial, drafted Judgment shall be submitted directly to the Judge for approval.

(Eff. 1/1/2006; Rev. 1/1/2007, 7/1/2008, 7/1/2009, 7/1/2010; Revised and Renumbered
7/1/2011 – formerly Rule 9.14, 7/1/12, Rev., 1/1/2016, 1/1/2017, 1/1/2021) (Revised and
renumbered 1/1/2016)

9.18 REVIEW HEARINGS

With regard to any matters set for review on the Domestic or Child Support Calendars, any declarations, including income and expense declarations, or other pleadings to be considered by the court shall be filed with the court and served on all other parties no less than ten (10) calendar days before the date the matter is set for review. Any reply declarations shall be filed with the court and served on all other parties no less than five (5) calendar days before the date the matter is set for review. (Eff. 1/1/2003; Rev. 7/1/2005, 7/1/2009; Renumbered 7/1/2011 – formerly Rule 9.15) (renumbered 1/1/2016)

9.19 LAW AND MOTION MATTERS

A. Application

The provisions of this division of the Sonoma County Superior Court Rules shall apply to all family law and motion matters before trial or as otherwise provided in any other division of these rules. All

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law and motion matters shall be governed by Cal. Rules of Court, rule 3.1100 - 3.1362 and 5.92 et
seq. The following motions shall be considered law and motion matters:

Bifurcation of Any Issue(If a bifurcation of status only motion is filed with any other issue,
the motion will be set on the domestic calendar);
Change of Venue;
Claims of Exemption;
Discovery;
Enforce or Compel Discovery Requirements Pursuant to Family Code 2105 et seq.;
Enforce Settlement;
Execute Documents in Family Law Cases;
Motions for Reconsideration or Motions for New Trial;*
Quash;
Receivership;
Summary Judgment–Including Status Only;
Vacate or Set Aside Defaults, Judgments or Orders;
Withdraw as Counsel.

*These Motions shall be scheduled before the original judicial hearing officer on the appropriate law
and motion calendar.

B. Scheduling

1. Family law and motion matters will be heard at such times and places as designated
by the Supervising Judge of the Family Law Division. The calendar will include all
family law and motion matters as listed in Sonoma County Local Rules, Rule 9.19.
A schedule may be obtained from the Family Law Clerk or through the Sonoma
County Superior Court website.

2. All family law and motion matters will be scheduled for a hearing date, time, and
location at the Clerk’s Office upon filing of all moving papers.

3. No hearing will be held unless a request has been made pursuant to subsection E.1
after the tentative ruling.

C. Memorandum of Points and Authorities

All law and motion matters listed in Sonoma County Local Rules, rule 9.19, may be accompanied
by a memorandum of points and authorities.

No opening or responding memorandum may exceed 10 pages. No reply or closing memorandum
may exceed 7 pages. The page limit does not include exhibits, declarations, attachments, a table of
contents, a table of authorities, or the proof of service.

A party may apply to the court for permission to file a longer memorandum. The application may be
made ex parte, but with written notice of the application to all other parties at least 24 hours before
the memorandum is due. The application must state reasons why the argument cannot be made
within the stated limit.

A memorandum that exceeds the page limits of these rules will be filed and considered in the same
manner as a late-filed paper.

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To the extent practicable, all supporting memoranda, declarations, and affidavits must be attached to
the Request for Order.

All references to exhibits or declarations in supporting or opposing papers must reference the
number or letter of the exhibit, the specific page, and, if applicable, the paragraph or line number.

Any request for judicial notice must be made in a separate document listing the specific items for
which notice is requested. A party requesting judicial notice must provide the court and each party
with a copy of the material requested to be judicially noticed. If the material is part of a file in the
Superior Court of California, County of Sonoma, the party must specify in writing the part of the
court file sought to be judicially noticed.

If a proposed order or judgment is submitted, it must be lodged and served with the moving papers
but must not be attached to them.

D. Meet and Confer Conference

The parties, and attorneys, if any, shall meet and confer in a good faith effort to resolve all of the
issues in the case pursuant to Sonoma County Local Rules, rule 9.13. The meet and confer session
may take place by telephone conference call. The meet and confer shall occur in a timely fashion so
that the parties will be prepared to file a declaration regarding compliance with California Code of
Civil Procedure Section 2016.040 no later than five (5) court days prior to the date set for the
hearing. All relevant documents must be exchanged by the parties while conferring, absent good
cause to the contrary.

E. Hearings, Tentative Rulings and Oral Arguments

1. Commencing at 2:00 p.m. on the court day preceding each Law and Motion
calendar, the court will cause to be recorded a tentative ruling (if available) on each
motion set on the next day's Law and Motion calendar on the court’s website
http://www.sonoma.courts.ca.gov. For tentative rulings by phone, please call (707)
521-6607. The tentative ruling shall become the ruling of the court, unless any
party desiring to be heard so advises the judicial assistant for the designated family
law judicial officer no later than 4:00 p.m. on the court day preceding the law and
motion calendar, and further advises the judicial assistant for the designated family
law judicial officer that such party has notified all other parties of her/his intention
to appear. Where appearance has been required or invited by the court, oral
argument may be presented.

2. Evidence received at a law and motion hearing shall be by declaration and affidavit
and by request for judicial notice without testimony or cross-examination, except as
allowed in the court’s discretion for good cause shown or as permitted by these
rules.

F. Continuances

Requests for continuances by stipulation or notification of dropping of law and motion matters must
be presented by the parties to the clerk by 3:00 p.m. at least five (5) court days prior to the scheduled

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hearing date. Only one continuance by stipulation will be granted; after that, if the case cannot
proceed, the court may drop the matter or require that it be re-noticed.

It is the responsibility of the moving party to notify the clerk when a pending motion
may be dropped due to a stipulation or for any other reason. No hearing will be
automatically dropped from the calendar by the clerk.

G. Orders of Examination

Orders of Examination shall follow Sonoma County Local Rules.

The Sheriff’s Office will notify the Family Law Division Clerk’s Office if the judgment debtor is
taken into custody. Upon receipt of this notification, the clerk’s office shall arrange a bail hearing.
The clerk shall give notice to the judgment creditor of the date, time and location of the bail hearing
by telephone.

H. Hearings on Claims of Exemption

Hearings on Claims of Exemption pursuant to Code of Civil Procedure section 703.570 and section
706.105 shall be set at such times and places as designated by the Supervising Judge of the Family
Law Division. Hearing dates shall be obtained from the clerk. No tentative rulings will be made
available for these matters on this calendar.

I. Protective Orders (Discovery, etc.)

Any language incorporated in such an order that pertains to the filing of material under seal shall
state that the party submitting confidential material to the court shall attach a cover sheet to that
material which contains the following warning: "CONFIDENTIAL: SUBJECT TO PROTECTIVE
ORDER," the case number and caption, and the title(s) of the paper(s); that in parentheses beneath
the title(s) of the paper(s) there shall be a reference to the confidentiality order, by file date and title
[as, for example, (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER FILED
JANUARY 1, 2000)], under which the papers are submitted. These papers shall then be maintained
as confidential on the court’s file. (Eff. 1/1/2004; Rev.7/1/2005, 1/1/2007, 7/1/2007, 1/1/2008,
7/1/2008, 7/1/2009, 7/1/2010, 1/1/2021, 1/1/2022; Renumbered 7/1/2011 – formerly Rule 9.16; Rev.
1/1/2012, 7/1/2012) (Renumbered 1/1/2016)

9.20 FAMILY LAW SETTLEMENT CONFERENCES

A. Family law judicial officers may refer cases for a Settlement Conference which shall be
conducted by a settlement conference officer as directed by the family law judicial officers.
When setting a settlement conference date, the Court shall always set a Case Resolution
Conference date following the settlement conference date. The Court will serve all parties
personally or by mail.

B. To request a Settlement Conference, parties (or their/his/her attorney if represented) may
submit Sonoma County Local Form FL-074, Request/Response to Request for Settlement
Conference, Trial, or Default Hearing.

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The family law judicial officer will review cases set on the domestic, Case Resolution
Conference, Child Support, and Trial calendars. If the court determines the case could
benefit from a Settlement Conference, an order will be entered and a date for the conference
will be set as well as a Case Resolution Conference date. The court will serve all parties
with an order regarding the conference personally or by mail.

Parties (or their attorney, if represented) may submit a Request for Settlement Conference
Only or Request for Settlement Conference and Trial, Sonoma County form FL-074, to
request a Settlement Conference.

Settlement Conferences will be scheduled only if Preliminary Declarations of Disclosure
have been exchanged and an FL-141 has been filed by both parties or the requesting party
has complied and there is good cause for proceeding without the other party having filed the
Preliminary Declaration of Disclosure and FL-141.

C. The request will be reviewed by a family law judicial officer. If the judicial officer
determines a Settlement Conference is appropriate, the Court will issue an order and serve
the parties and/or attorneys with the order setting both a Settlement Conference and a Case
Resolution Conference. If the party requesting a Settlement Conference and/or Trial has
provided a Prelimimary Declaration of Disclosure and the responding party has not, if the
Court does not set a Settlement Conference and/or Trial Date, the Court will place the
matter on the next scheduled Case Resolutoin Coinference at which time the Court may
issue orders relating to the non-complying party’s failure to exchange Preliminary
Declaration of Disclosure, including, but not limited to, an order to comply, sanctions and
setting a trial and settlement conference as originally requested.

D. Each party shall served and submit Sonoma County local form FL-002, Statement of Issues
for Settlement Conference or Trial or Sonoma County local form FL-048, Settlement
Conference Statement/Trial Brief prior to the conference. The Statement must be submitted
to the Civil & Family Law Courthouse, 3055 Cleveland Avenue, ten (10) calendar days
prior to the Settlement Conference. The Statement shall be stamped as “received.” Failure
to submit a Statement in a timely manner may result in the Court doing one or more of the
following: 1) Rescheduling the settlement conference with the same panelist; 2) ordering
the non-complying party to pay sanctions.

E. Any request to drop or continue the Settlement Conference and Case Resolution Conference
must be made to the Family Law Judicial Assistant by 5:00 p.m. at least three (3) court days
prior to the conference. Absent extraordinary circumstances, making a request in an
untimely manner or failing to appear at the Settlement Conference may result in the Court
ordering such party to pay sanctions. The Court will not drop the Case Resolution
Conference unless a Judgment resolving all issues is submitted to the Court prior to the Case
Resolution Conference date.

F. Appearances

Each party and principal trial attorney for each party shall attend the Settlement Conference.
The Settlement Conference shall be conducted by a Settlement Conference officer to be
appointed by the court. Unless notified otherwise, appearance by all parties is mandatory.
An attorney or party who fails to attend or participate effectively in any Settlement
Conference may be subject to sanctions. Any alternative to personal appearance shall be

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pre-approved by a judicial officer. When the local child support agency has intervened in a
case, the agency will determine if its appearance is necessary and notify the Court whether it
intends to appear. The agency may appear by telephone.

Settlement Conferences will last a maximum of three (3) hours or until the parties are
excused by the Settlement Conference officer. Parties and counsel are expected to be
present for the entire Settlement Conference, with the exception of the local child support
agency, which may appear for support-related issues alone. If the agency is a party to the
action, any settlement involving support issues requires the agency’s signature.

G. If a complete settlement is not reached at the Settlement Conference, the case shall remain
set for a Case Resolution Conference so the court can determine the next steps needed to
resolve the case.

(Eff. 1/1/2005; Rev. 7/1/2005, 7/1/2007, 1/1/2008, 7/1/2008, 1/1/2009, 7/1/2009, 7/1/2010,
1/1/2021, 1/1/2022; Renumbered 7/1/2011 – formerly Rule 9.18; Rev. 1/1/2012 and
Renumbered – formerly Rule 9.19, Rev. 7/1/2012; 7/1/15) (Revised and renumbered
1/1/2016; 7/1/2017)

9.21 CHILD CUSTODY SETTLEMENT CONFERENCES

Upon the filing of the Custody Evaluation Report with the court, a settlement conference and case
management conference regarding the issues of child custody and parenting plan only shall be
scheduled by the judicial assistant of the assigned Family Law departments to be held at as soon as
possible with a judicial officer. The custody evaluator may be present at the settlement conference
when requested by either party or at the direction of the court.

Once a Child Custody Evaluation Report has been filed with the court, the clerk shall lodge the
report in the court’s file as confiendtial and forward it to the judicial assistant of the assigned Family
Law departments. The judicial assistant shall schedule a custody settlement conference as soon as
possible. In the event of an unavoidable conflict, a party or attorney shall have a limited time to
reschedule the settlement conference. Stipulation of the parties alone is not good cause for
continuance of the settlement conference.

At any time following the settlement conference, any party may, upon noticed motion timely served
upon all parties, request that the court make interim orders regarding custody and/or parenting plan
pending trial. The supporting declaration shall set forth with specificity the facts that support an
interim change of custody and/or parenting plan orders prior to the trial. The declaration shall also
address the recommendations in the custody evaluation report and set forth a specific proposal for
interim orders.

After the completion of a custody evaluation, a Statement of Issues for Settlement Conference or
Trial (Local Form FL-002) is not required for settlement conferences regarding child custody and
parenting plan only. (Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2009, 7/1/2009, 1/1/2010, 7/1/2010;

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Renumbered 7/1/2011 – formerly Rule 9.19; Renumbered 1/1/2012 – formerly Rule 9.20, Rev. 7/1/2012, 7/1/2013, 1/1/2021) (Renumbered 1/1/2016)

9.22 APPOINTMENT OF SPECIAL MASTER, APPRAISERS, EXPERTS (NON CUSTODY)

Parties may request appointment of a Special Master, Special Master Team, Appraiser or Other Expert by means of a Request for Order or in a Case Resolution Conference Statement. (Eff. 7/1/5; renumbered 7/1/13; Rev. 7/1/13) (renumbered 1/1/2016)

9.23 TRIAL AND EVIDENTIARY HEARINGS

These proceedings are intended to take more time so that the parties may call and question
witnesses, testify themselves, and submit documentary evidence for the court to review.

A. Setting Issues for Trial

1. A family law contested cause may be set for trial by filing Sonoma County local
form FL-074, Request/Response to Request for Settlement Conference, Trial or
Default Hearing. The request for trial may be presented to the judicial officer at the
domestic calendar hearing. If no hearing is pending, the request shall be served and
filed with the family law clerk. The request for trial does not need to be filed as a
joint request of the parties.

2. For contested causes set for trial directly from a domestic calendar, the judicial
officer retains the discretion to set one or more of the following hearings: (1) Case
Resolution Conference; (2) Settlement Conference.

3. Upon the filing of the Sonoma County local form FL-074 Request/Response to
Request for Settlement Conference, Trial or Default Hearing, a Case Resolution
Conference shall be scheduled before the judicial officer assigned to the case
pursuant to Sonoma County Local Rule, rule 9.2. Case Resolution Conference may
be scheduled within thirty (30) days of the filing of the request for trial. The court
shall serve all parties or attorneys with a notice of Case Resolution Conference.

4. If it is determined that a trial is necessary, the court shall either set the trial date far
enough out for the parties to be able to comply with the discovery deadlines set
forth in the California Code of Civil Procedure, or obtain a stipulation from the
parties regarding the discovery cut off dates and set the trial date accordingly.

5. No matter will be set for trial until and unless the parties have exchanged their
Preliminary Declarations of Disclosure and, if required, filed form FL-141,
Declaration Regarding Service of Declaration of Disclosure.

B. Case Resolution Conference

If the court sets a Case Resolution Conference in lieu of a Settlement Conference or trial date, the parties or attorneys shall file a Case Resolution Conference Statement, form FL- 092, ten (10) calendar days prior to the conference. At the Case Resolution Conference, the

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court will review the status of the case and may make orders pursuant to Sonoma County
Local Rule, rule 9.10.

C. Statement of Issues

If a Statement of Issues was submitted for a settlement conference, the Statement of Issues
shall be deemed the Statement of Issues for trial and filed in the court file unless, at the time
of the settlement conference, the party indicates he/she will be filing another Statement of
Issues ten (10) calendar days prior to the trial date.

If a settlement conference was not held, the parties or attorneys shall file a Statement of
Issues for Settlement Conference or Trial, Sonoma County form FL002, ten (10) calendar
days prior to the trial date.

The statement of issues shall include all information requested in the Statement of Issues,
Sonoma County form FL002.

D. Meet and Confer

The parties, and attorneys, if any, shall meet and confer in a good faith effort to resolve all
of the issues in the case. The parties, and attorneys, if any, shall state in the statement of
issues the dates they met and conferred.

E. Continuing a Trial

1. Continuing Domestic and Child Support Trials by Stipulation

The court, upon a showing of good cause, may grant stipulated requests to continue
a trial. The stipulated request shall be submitted to the assigned judicial officer by
noon ten (10) calendar days prior to the hearing date. Counsel or parties shall
submit a stipulation to continue, a declaration stating why the continuance is
necessary, and a proposed order for continuance. The court has discretion to
determine if good cause exists to grant the continuance of the hearing. Stipulation
by itself does not constitute good cause for granting a continuance.

2. Continuing Trials by Motion

Any motion which seeks to advance or continue a settlement conference or any trial
shall be set on the Domestic or Child Support calendar of the judicial officer
assigned to hear the case. Requests for an order shortening time for service of a
motion to continue shall be submitted to the judicial officer assigned to hear the
case.

Any motion for continuance must be calendared for hearing at least seven (7)
calendar days in advance of the trial (or other hearing) date, unless good cause is
shown for a shortening of such time. Stipulation by itself does not constitute good
cause for granting a continuance.

F. Contempt Proceedings

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The citee in contempt proceedings shall not be required to comply with the meet and confer
rules set forth above or participate in the preparation of the statement of issues.

G. Master Calendar Call

All matters set for trial shall be called on the assigned Master Calendar Call, which will be
considered the initial trial date for discovery purposes. A matter will not proceed to trial on
the date of the Master Calendar Call, at which time a specific date and time (generally in the
following week) for commencement of the trial will be set. Parties and witnesses need not
attend the Master Calendar Call unless it is necessary for them to be ordered back for the
actual commencement of the trial.

(Eff. 7/1/2005; Rev. 7/1/2006, 7/1/2007, 1/1/2008, 1/1/2009, 7/1/2009, 7/1/2010; Revised
and Renumbered 7/1/2011 – formerly Rule 9.20; Renumbered 1/1/2012 – formerly Rule
9.21, Rev. 7/1/2012, Rev. 7/1/2013, 7/1/15, 1/1/2021) (renumbered 1/1/2016; 7/1/2017)

9.24 CHILD CUSTODY TRIALS

Either party may request an expedited custody trial on custody issues by filing a Request for Settlement Conference/Request for Settlement Conference and Trial, Sonoma County form FL-074. The request for trial does not need to be a joint request of the parties. The parties are not required to complete a Statement of Issues prior to trial.

The Court shall set a Case Resolution Conference on the Domestic calendar approximately two weeks after receiving the request for an expedited child custody trial.

At the Case Resolution Conference the Court may set a settlement conference, make interim orders, set the matter for trial, or make other pertinent orders. The Case Resolution Conference shall be continued to a date consistent with the status of the case.

(Eff. 1/1/1997; Rev. 7/1/2005, 1/1/2009, 7/1/2009, 1/1/2010, 7/1/2010,1/1/2022; Revised and Renumbered 7/1/2011 – formerly Rule 9.21; Renumbered 1/1/2012 – formerly Rule 9.22, 7/1/2012, 1/1/2013, Rev. 7/1/2013) (renumbered 1/1/2016)

9.25 ADOPTIONS

A. In all adoption cases a hearing may be scheduled by contacting the Family Law
Department’s adoption line at (707) 521-6641.

B. The following documents must be filed or received by the court prior to scheduling the
adoption hearing. Please note that you must call the court to receive a hearing date. The
court does not automatically set a hearing in your adoption matter:

1. Adult Adoptions:

Petition (verified and signed by both parties)

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Agreement of Adoption (consent of both parties)
Consent of Spouse of Adult Adoptee (if applicable
Consent of Spouse of Adopting Parent (If applicable)
Court Report of Adoption (VS-44) if an amended birth certificate is requested.
Order of Adoption (proposed)

2. Agency/Independent/Inter-County Adoptions:

Adoption Request
Consent and/or Joinder of Department of Social Service OR
Agency Copy of Order Terminating Parental Rights (certified copy of order needed
if parental rights were terminated in another county) OR
Consent/Relinquishment of natural Parents;
Report of Social Services, OR Agency Report
Court Report of Adoption (VS-44)
Adoption Expenses
Adoption Agreement (unsigned)
Adoption Order (Proposed)

3. Step-parent Adoption:

Adoption Request
Copy of Order Terminating Parental Rights (certified copy of order needed if
parental rights were terminated in another county) OR
Consent/Relinquishment of Natural Parent
Report by Family Court Services
Court Report of Adoption (VS-44)
Adoption Agreement (unsigned)

4. Step-parent Adoption for Children Born During the Marriage or Domestic
Partnership Pursuant to Family Code § 9000.5

Adoption Request
Adoption Agreement
Adoption Order
A copy of the parties' marriage certificate, registered domestic partner certificate, or
civil union
A copy of the child's birth certificate
Declarations by the parent who gave birth and the spouse or partner who is adopting
explaining the circumstances of the child's conception in detail sufficient to
identify whether there may be other persons with a claim to parentage of the
child who is required to be provided notice of, or who must consent to, the
adoption. (See Family Code § 9000.5(c)(3).)

a. Adoptions under Family Code § 9000.5 will not require a hearing or
investigation unless ordered by the court.

C. The court may drop a matter from the adoption calendar for failure to comply with these
rules. (Eff. 1/1/2002; Rev. 7/1/2005, 7/1/2009; Renumbered 7/1/2011 – formerly Rule 9.22;
Rev. 1/1/2012 and Renumbered – formerly Rule 9.23; rev. 7/1/15)(renumbered 1/1/2016;
7/1/2017)

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9.26 JUDGMENTS

A. Action by Judicial Officer

Default and uncontested dissolution, legal separation, and nullity cases are normally
processed by a court clerk for action by a judge or court commissioner. The judicial officer
will do one of the following: (a) sign the proposed order or judgment; (b) “suspend” the file
pending response to a request to counsel or a self-represented litigant for further
documentation or proof; (c) reject the proposed order or judgment; or (d) at the judicial
officer’s discretion, if the case presents issues on which a record should be made, set the
matter for hearing.

B. Judgment Checklists
The appropriate completed checklist must be submitted with the necessary documents.
Judgments submitted without a completed checklist will be returned to submitting party.
The checklists may be found on the Court’s website at
http://sonoma.courts.ca.gov/divisions/family law.

C. Nullity Judgments

A party requesting a judgment for nullity shall submit, with the proposed judgment, a
“Declaration in Support of Nullity” setting forth the facts that support the requested
judgment under Family Code sections 2200 and 2210 et seq. A hearing may be required on
any request for a judgment of nullity. Form FL-170 or a separate Declaration may be used.

D. Bifurcation of Marital Status

Contested bifurcation motions in cases where both parties have appeared are law and motion
matters governed by Rule 9.19.

The following documents are required for bifurcation of status only judgments:

1. Bifurcation without Agreement.

a. Declaration Regarding Service of Preliminary Declaration of Disclosure
from Petitioner (FL-141).

b. Request for Order (FL-300) for Bifurcation and Request or Response to
Request for Separate Trial (FL-315). Sonoma County requires a hearing for
bifurcation of marital status that proceeds by default. The hearing must be
set at least six months from the service date of the petition on the
Respondent.

c. Declaration for Default or Uncontested Dissolution (FL-170)

d. Status Only Judgment (FL-180)

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e. Notice of Entry of Judgment (FL-190) with a stamped, self-addressed
envelope for each party. The submitting party must provide enough postage
for return of all documents submitted.

f. Bifurcation of Status of Marriage or Domestic Partnership - Attachment
(FormFL-347)

2. Bifurcation by Stipulation

a. Appearance, Stipulations and Waivers (indicate on the form that the parties
are stipulating to bifurcation of the marital status) or separate stipulation
and order.

b. Declaration for Uncontested Dissolution or Legal Separation (Form FL-
170).

c. Declaration Regarding Service of Preliminary Declarations of Disclosure
from both parties (or service of the preliminary declarations of disclosure
may be deferred if stipulated to in writing.)

d. Status Only Judgment (Form FL-180)

f. Notice of Entry of Judgment (FL-190) with a self-addressed, stamped
envelope for each party. The submitting party must provide enough postage
for return of all documents submitted.

g. Bifurcation of Status of Marriage or Domestic Partnership - Attachment
(Form FL-347)

(Eff. 1/1/1997; Rev. 1/1/2006, 1/1/2007, 7/1/2009, 7/1/2010, 1/1/2022;
Renumbered 7/1/2011 – formerly Rule 9.23; Renumbered 1/1/2012 –
formerly Rule 9.24, Rev. 7/1/2012, 1/1/2013, 7/1/2013, 7/1/14; 7/1/15)
(revised and renumbered 1/1/2016)

9.27 SERVICE BY POSTING

If an Order for Posting under California Rule of Court 5.72(b) is granted, the posting shall be completed only by the Family Law Clerk at the courthouse in the place regularly established for posting by the Court. Judicial Council form FL-980 will be used. The Family Law Clerk shall complete and file the Proof of Service after posting. (Eff. 7/1/2013) (renumbered 1/1/2016)

9.28 DELIVERY OF COURTESY COPIES

When filing documents for a hearing fewer than 10 court days prior to the hearing date, the filing party shall deliver a courtesy copy to the judicial officer’s chambers. (Eff. 7/1/15) (Renumbered 1/1/2016, 1/1/2022)

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9.29 REQUESTS FOR SPECIAL IMMIGRANT JUVENILE FINDINGS:

Requests for Special Immigrant Juvenile Findings pursuant to Code of Civil Procedure section 155 in family law matters shall be filed as a separate stand-alone filing. Such requests shall not be made in the form of an attachment to the Petition, but should be submitted separately in the form of pleading, or as a separate Request for Order. Any Request for Order shall not be combined with other issues, and shall be a stand-alone application relating only to the Special Immigrant Juvenile Findings pursuant to Code of Civil Procedure 155. (Eff. and renumbered 1/1/2016; Renumbered 1/1/2022)

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RULE 10 RULES APPLICABLE TO JUVENILE COURT PROCEEDINGS (Rule 10 became effective 1/1/1997)

10.1 JUVENILE ABBREVIATIONS, ADMINISTRATION AND DEFINITIONS

The Juvenile Court hears both Juvenile Dependency and Juvenile Justice actions. All cases in
Juvenile Court shall be subject to assignment to a judicial officer for all purposes at the time of
filing of the action who shall thereafter handle all proceedings involving the matter, including trial,
except as otherwise provided or required by law.

The following abbreviations are used throughout these rules:

CASA = Court Appointed Special Advocate
CRC = California Rules of Court
HSD = Human Services Department
ICWA = Indian Child Welfare Act
IEP = Individual Education Plan
NBRC = North Bay Regional Center
W&I = Welfare & Institutions Code

The following definitions are used throughout these rules:

“Standing Order” means orders executed by the Presiding Judge of the Juvenile Court of general
application to the Court, attorneys, parties, agencies and organizations that appear before or transact
business with the Juvenile Court, Social Services Agency, or Probation, and that are designed to
expedite and facilitate the business of the Court or those agencies.

“Court”, unless otherwise specified, means the Sonoma County Juvenile Court, sitting as such
pursuant to Welfare and Institutions Code section 245.

“Court Protocol” means agreements of practice or procedure made between the Court and juvenile
justice or human services partners.

“Judge”, unless otherwise specified, means those judges or judicial officers designated to hear
juvenile cases, pursuant to Welfare and Institutions Code section 246.
(Eff. 1/1/14, Revised 1/1/2022)

10.2 JUVENILE CALENDARS

Juvenile calendar matters with regard to Sections 300 et seq. and 600 et seq. of the W&I Code shall be heard as designated by the Presiding Judge. A copy of the current designation may be obtained at the Sonoma County Superior Court website at www.sonoma.courts.ca.gov or at the courthouses. Dependency and Juvenile Justice matters shall be heard by a judicial officer or persons specified by the Presiding Judge. (Eff. 1/1/14, Revised 1/1/2022)

10.3 RULES OF PROCEDURE AND STANDING ORDERS

CRC, rules 5.500 - 5.906 apply to all juvenile proceedings.

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Standing Orders:

Standing orders are posted on the court’s website at www.sonoma.courts.ca.gov. (Revised 1/1/2007, 1/1/2022)

10.4 ATTENDANCE AT HEARINGS (CRC, RULE 5.530) AND OTHER PROCEEDINGS

Unless excused by the Court, each adult party and attorney shall attend each scheduled Juvenile Court hearing, including settlement conferences and mediation sessions.

In Juvenile Justice matters, minors shall attend all hearings unless specifically excused by the Court or Probation. If a minor is in placement or foster care out of county or out of state, the physical presence of the minor can be excused and the minor may appear electronically.

(Revised 1/1/2007, 1/1/2022)

10.5 COUNSEL OF RECORD AND SELF-REPRESENTED PARTIES (Dependency Proceedings)

Whenever a requirement in these rules, other than the competency requirements set forth in these rules, is imposed on counsel, that requirement is equally applicable to a self-represented party. (Eff. 1/1/14)

10.6 PRE-HEARING DISCOVERY

A. Informal Discovery

Pre-hearing discovery shall be conducted informally in accordance with CRC 5.546. Except
as protected by privilege or statute, all relevant material shall be disclosed in a timely
fashion to all parties to the litigation.

B. Formal Discovery

Only after all informal means have been exhausted, may a party petition the court for
discovery. Any noticed motion shall state the relevance and materiality of the information
sought and the reasons why informal discovery was not adequate to secure that information.

The date for the hearing shall be obtained from the Juvenile Court. A copy of the motion
shall be served on all parties at least five (5) court days before the hearing date. At the time
of service, a courtesy copy shall be delivered to the judicial officer before whom the matter
is scheduled to be heard. Any responsive papers shall be filed and served and a courtesy
copy delivered to the designated judicial officer two (2) court days prior to the hearing.

There shall be no depositions, requests for production of documents, interrogatories, and
requests for admissions or other similar types of civil discovery without approval of the
Judge of Juvenile Court upon noticed motion. See Joe Z. v. Superior Court (1970)
3 Cal.3d 797.

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C. Experts and Other Witnesses

The name(s) of any experts to be called by any party and copies of their reports, the names
of any witnesses to be called, and copies of any documents to be introduced at the hearing
on the merits shall be made available to all parties no later than (2) two court days after the
settlement conference in dependency proceedings or pre-trial confirmation in delinquency
proceedings, unless otherwise ordered by the court. If no settlement conference is held in a
dependency case, disclosure shall be made at least three (3) court days prior to the master
calendar.
(Revised 1/1/2007, 1/1/2022)

10.7 NOTICED MOTIONS – (Dependency Proceedings)

A. No noticed motion shall be accepted by the court unless it is accompanied by a proof of
service. Orders shortening time are required to calendar noticed motions if statutory notice
times are not complied with.

B. The moving party shall prepare and submit to the court an original and one copy of the
request and proposed order to place matter on calendar, notice of motion, motion,
declaration and proposed order. Prior to submitting the moving papers to the court, the
moving party must serve by facsimile copies of the moving papers on all counsel, parties
unrepresented by counsel (may be mailed if a fax number is unavailable) and the social
worker. The court will issue its order regarding the request for hearing date within five (5)
court days of receipt of the request for hearing.

C. Upon receipt of the request and executed order placing the matter on calendar, the moving
party must serve by facsimile transmission copies of the same on all counsel, parties
unrepresented by counsel (may be mailed if a fax number is unavailable) and the social
worker no later than ten (10) court days prior to the hearing date. A proof of service shall be
filed with the court no later than five (5) court days prior to the hearing date.

D. Any opposition to the motion shall be filed and served on all counsel, parties unrepresented
by counsel (may be mailed if a fax number is unavailable) and the social worker no later
than five (5) court days prior to the hearing date.

E. Any reply to the opposition shall be filed and served on all counsel, parties unrepresented by
counsel (may be mailed if a fax number is unavailable) and the social worker no later than
two (2) court days prior the hearing date.

F. All motions will be decided on the briefs, declarations, and other documentary evidence filed. No testimony will be taken unless specifically authorized by the court. A failure to file declarations will not be grounds for requesting an evidentiary hearing.

G. In exceptional circumstances, oral motions may be entertained.

H. 10.5. C., D., and E. do not apply to discovery motions.

(Revised 1/1/2007)

10.8 REQUESTS FOR EX PARTE ORDERS

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Anyone requesting an ex parte order must provide notice to all parties of such request. Notice shall be provided by either personal service or service by facsimile. A proof of service must be filed with the ex parte request and submitted to the clerk in the juvenile department where the pending action would normally be heard. Any party wishing to object may file an objection with the clerk no later than the end of the second court day after service. The court will not rule on said request any sooner than the third court day after service. This notice requirement shall not apply in situations where the delay would not be in the best interest of the child, such as requests for protective custody warrants and urgent medical/dental procedures. In those instances, the best interest of the child precludes notice. (Revised 1/1/2007; 1/1/2012)

10.9 APPLICATIONS FOR TEMPORARY RESTRAINING ORDERS

A. Notice that a temporary restraining order is being sought shall be given to the party to be
restrained and all attorneys of record and self-represented parties at least twenty-four (24)
hours prior to the application if such notice would not endanger the safety of the person(s)
sought to be protected. If 24-hour notice has not been given, the declaration must state good
cause for the failure to give 24-hour notice.

B. The party requesting the temporary restraining order shall be responsible for preparing the
order on Judicial Council form, Restraining Order - Juvenile (JV-250) and presenting it for
signature.

C. It will be the responsibility of the party seeking the temporary restraining order or any other
person designated by the court to serve the temporary restraining order on the person to be
restrained and all appropriate law enforcement agencies.

D. It will be the responsibility of the court, upon receipt of the original temporary restraining
order and/or proof of service, to register the documents in the CLETS system. (Eff. 1/1/14)

10.10 ATTORNEY COMPETENCE (Juvenile Justice Proceedings)

Each court appointed attorney who practices before the Juvenile Justice Court must meet the educational requirements of CRC 5.664. The Court may require evidence of the competency of any attorney appointed to represent a youth in a juvenile justice proceeding, including requesting documentation of training attended. The court may also require attorneys who represent youth in juvenile justice proceedings to complete Declaration of Eligibility for Appointment to Represent Youth in Juvenile Justice Court (JV-700). (Effective 1/1/2022)

10.11 CONTINUANCES

A. Attorneys for parties are required to adhere to the statutory time lines for all hearings.

B. Dependency: Continuances will be granted and time waivers accepted pursuant to W&I section 352 and CRC, rule 5.550. Requests for stipulated continuances shall be presented to the court by noon one (1) court day prior to the hearing.

C. Justice: Continuances of jurisdictional hearings will be granted only upon written motion
with notice to all attorneys and unrepresented parties filed within two (2) court days of the
date set for hearing. All other hearings may be continued by written motion noticed on an

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ex parte basis if all attorneys and parties agree to the continuance and the new date for hearing. (Revised. 1/1/2007; 1/1/2022)

10.12 ATTORNEY COMPETENCE (Dependency Proceedings)

A. General Competency Requirement

1. Absent a knowing and intelligent waiver by the party represented, all attorneys who
represent parties in juvenile dependency proceedings must meet the minimum
standards of competence set forth in these rules and CRC, rule 5.660.

2. Each attorney appearing in a juvenile dependency matter shall complete the
minimum training and educational requirements set forth in these rules.

3. Each attorney appearing in a dependency matter shall complete and submit to the
court, within 30 days of the effective date of these rules or within 10 days following
their appearance, whichever is later, a Declaration of Certification of Attorney
Competency (Sonoma County local form JC104).

4. A retained attorney may not appear on behalf of a party in a dependency proceeding
without having submitted to the court a Declaration of Certification of Attorney
Competency or a knowing and intelligent waiver by the party of such certification.

5. If a retained attorney maintains his or her principal office outside this county, proof
of certification of competency by the juvenile dependency court of the California
county in which the attorney maintains an office shall be sufficient evidence of
competence to appear in a juvenile dependency proceeding in this county.

B. Minimum Standards of Education and Training

1. Prior to certification of competency, the attorney shall have either:

Participated in at least 36 hours of training and education in juvenile dependency law and practice, which training and education shall have included comprehensive information on W&I sections 202, 213.5, 241.1, 300 et seq.; Family Code sections 7900 et seq. (Interstate Compact), and 7600 et seq. (Uniform Parentage Act); Education Code section 5000 et seq. (Special Education Programs); 8 United States Code (USC) section 1101 (Special Immigrant Status for Undocumented Dependent Children), 25 USC section 1901 et seq. (ICWA), 28 USC section 1738 (Parental Kidnapping Prevention Act), and 42 USC sections 620 et seq. and 670 et seq. (Adoption and Safe Families Act); the CRC, local rules of court, the rules of evidence as set forth in the California Evidence Code, and the applicable case law, as well as practical training on Judicial Council forms, motions, writs, mediation, family group conferencing, team decision making, domestic violence, substance abuse, child development, child abuse and neglect, family reunification and preservation, restraining orders, rights of de facto parents, and reasonable efforts, or

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- At least six (6) months of experience within the last twelve (12) months in
dependency proceedings in the State of California in which the attorney has had
primary responsibility for representation of his or her clients in said proceedings. In
determining whether the attorney has demonstrated competence, the court shall
consider whether the attorney’s performance has substantially complied with the
requirements of these rules.

2. Education and training may include:

a. Observation of dependency proceedings;

b. Self- study, including relevant documents, references, audio and video tapes
of previously- presented seminars and conferences;

c. Attendance at seminars or conferences related to dependency law that are
MCLE-certified, provided by professional organizations, or court-
sponsored or approved;

d. Supervision by appropriately trained and certified attorneys practicing in
the area of dependency law.

3. No more than 18 of the 36 hours of required training and education may be self-
study or observation of dependency proceedings.

C. Renewal of Attorney Competency Certification

Each attorney who practices before the juvenile dependency court shall complete within
every one (1) year period at least twelve (12) hours of continuing education related to
dependency proceedings.

1. The attorney’s continuing training or education shall be in the areas set forth in
Sonoma County Local Rules, rule 10.12 B.

2. Evidence of completion of the required number of hours of training or education
shall be retained by the attorney and may include a copy of a certificate of
attendance issued by a California MCLE provider or a certificate of attendance
issued by a professional organization which provides training and/or education for
its members, whether or not it is a MCLE provider. Evidence of attendance at a
court sponsored or approved program will also fulfill this requirement.

3. In order to retain his or her certification to practice before the juvenile dependency
court, each attorney or his or her supervisor shall file with the dependency court a
declaration certifying that counsel has completed the required continuing education.
The declaration, local mandatory from JC-104, must be filed on or before January
15 of each year.

D. Decertification

The court retains the authority to review the general conduct and performance of an attorney
and to decertify such attorney for good cause at any time. The court may order

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decertification only after the attorney has been given notice of the intended action and an
opportunity to be heard.

E. New Attorneys

1. Absent a knowing and intelligent waiver by the party represented, an attorney who
has never practiced in dependency court must observe and/or assist in each type of
dependency hearing from detention through review of a permanent plan prior to
representing a party in a dependency case;

2. An attorney should work and consult with a mentor during the first three months of
representing parties in dependency court. A mentor is an attorney with no fewer
than three years of experience in dependency law. (Revised 1/1/2007; 1/1/2012)

10.13 STANDARDS OF REPRESENTATION (Dependency Proceedings)

All attorneys appearing in dependency proceedings shall meet the following minimum standards of
representation in addition to those set forth in CRC 5.660:

A. If the client is a child, the attorney or attorney’s agent should have contact with the client
prior to each hearing. The attorney or attorney’s agent shall interview all children four (4)
years of age or older in person unless it is impracticable. Whenever possible, the child shall
be interviewed at the child’s placement. The attorney or attorney’s agent should also
interview the child’s caretaker, particularly when the child is under four (4) years of age.

B. If the client is not the child, the attorney or attorney’s agent shall interview the client at least
once prior to the jurisdictional hearing unless the client is unavailable. Thereafter, the
attorney or the attorney’s agent shall contact the client at least once prior to each hearing
unless the client is unavailable. (Revised 1/1/2007)

10.14 REPRESENTATION OF PARTIES OTHER THAN MINORS (Dependency Proceedings)

A. Detention Hearing or Initial Appearance

At the detention hearing or initial appearance, parents’ counsel shall be prepared to do the
following:

1. Advise the court whether the parents have any Native American heritage by
completing and filing Judicial Council form Parental Notification of Indian Status
(JV-130) with the clerk of the court; and

2. Assist the parents in completing and filing Judicial Council form Notification of
Mailing Address (JV-140) with the clerk of the court.

B. Jurisdictional/Dispositional Hearings

1. All counsel shall advise the court regarding paternity issues.

In all submitted jurisdictional hearings, counsel shall assist the parent in completing Judicial Council form Waiver of Rights (JV-190).

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C. All Hearings

1. Parents’ counsel shall assist the parents in completing and filing with the clerk an
updated Judicial Council form Notification of Mailing Address (JV-130) reflecting
any changes in address, and proof of service on all parties.

2. Whenever applicable, parents’ counsel shall assist the parents in completing
Sonoma County local form JC-101, Waiver of Rights. (Revised 1/1/2007)

10.15 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS (Dependency Proceedings)

A. Any party to a juvenile court proceeding may lodge a written complaint with the court
concerning the performance of his or her appointed attorney in a juvenile court proceeding
as follows:

1. Complaints or questions shall initially be referred to that attorney’s supervisor
within the agency or law firm appointed to represent the client. If the issue remains
unresolved or if there is no designated agency or law firm, the party may submit the
written complaint directly to the court.

2. In the case of a complaint concerning the performance of an attorney appointed to
represent a minor, the complaint may be lodged on the child’s behalf by the social
worker, a caretaker relative, a foster parent, or CASA.

B. Within ten (10) days of the receipt of a written complaint, the court shall notify the attorney
and/or the attorney’s supervisor in writing of the complaint, shall provide the attorney and
attorney’s supervisor with a copy of the complaint, and shall give the attorney fifteen (15)
days from the date of the notice to respond to the complaint in writing. The judicial officer
will also inform the client or other person lodging the complaint, in writing, that the
complaint has been received and that the attorney will be contacting the client or other
person lodging the complaint to discuss resolution of the complaint.

C. After response has been filed by the attorney or the time for the submission of a response
has passed, the court shall review the complaint and the response, if any, to determine
whether the attorney has acted contrary to state or local rules or policies or has acted
incompetently. The court may ask the complainant or the attorney for additional
information prior to making a determination on the complaint.

D. The court shall notify the attorney and complaining party either in writing or by oral ruling
at a closed hearing of its determination on the complaint. The court’s determination will be
final.

E. If the court finds that the attorney acted contrary to the rules or policies of the court or incompetently, the court shall take appropriate action. (Revised 1/1/2007)

10.16 REQUESTS TO WITHDRAW (Dependency Proceedings)

A. Unless otherwise ordered by the court, a request to withdraw as attorney of record shall be
in writing on Judicial Council forms MC051 and MC052 and served in compliance with
CRC, rule 3.1362. The request must include the full name(s) of the child(ren), the case

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number(s), the full name of the client, the client’s status in the case, (e.g., child, parent,
guardian, de facto parent), the date and type of the next scheduled hearing. The request
shall be noticed and calendared, if possible, for the same day and time as the next scheduled
hearing.

B. Counsel shall also submit the order to be relieved on Judicial Council form MC-053.
Counsel is not relieved as attorney of record until the court’s signed order has been served
on the client and all parties, and proof of service of such order has been filed with the court.
(Revised 1/1/2007)

10.17 RELEASE OF INFORMATION RELATING TO JUVENILES

In all cases in which a person or agency seeks records held by law enforcement, including police
reports regarding children who are the subject of juvenile court proceedings, the person or agency
shall file a request utilizing the Police Report Request Form (Judicial Council Form JV-575)

This section does not apply to those persons and agencies designated by W&I Code §827(a).

A. Juvenile Case Defined

For the purposes of this rule, a juvenile case file includes the following documents or items
in the possession of the Juvenile Court, Probation Department, Department of Human
Services or Court Appointed Special Advocates Program:

1. All documents filed in a juvenile court delinquency or dependency case by any
party or the court;

2. Reports to the court in a delinquency or dependency case prepared by probation
officers, social workers, and CASAs;

3. Documents not filed with the court, but made available to probation officers, social
workers of HSD, and CASAs in preparation of reports to the court for a delinquency
or dependency case;

4. Documents relating to a child concerning whom a petition has been filed in a
delinquency or dependency case, which are maintained in the office files of
probation officers, social workers and CASAs;

5. Transcripts, records, or reports relating to matters prepared or released by the
Juvenile Court, Probation Department, or HSD for a delinquency or dependency
case; and

6. Documents, video or audiotapes, photographs, and exhibits admitted into evidence
at juvenile court hearings for a delinquency or dependency case.

B. Documents Excluded from the Term “A Juvenile Case File”

Medical and psychiatric records, including Evidence Code section 730 evaluations and any child abuse reports, are strictly confidential and not available for inspection or copying except from the subject of the record or his/her attorney.

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C. Inspection and Copying

The following persons may inspect and receive copies of juvenile case files without filing a
petition pursuant to W&I section 827:

1. Court personnel;

2. The district attorney, a city attorney or city prosecutor authorized to prosecute
criminal or juvenile cases under state law;

3. The minor who is the subject of the proceeding;

4. The minor’s parent or guardian;

5. The attorneys for the parties, judges, referees, other hearing officers, probation
officers, and law enforcement officers who are actively participating in criminal or
juvenile proceedings involving the minor;

6. The county counsel, city attorney or any other attorney representing the petitioning
agency in a dependency action;

7. Members of the child protective agencies as described in section 11165.9 of the
Penal Code;

8. The State Department of Social Services;

9. Authorized staff who are employed by, or authorized staff of entities who are
licensed by the State Department of Social Services; and

10. The Department of Justice.

D. Inspection

Other persons or entities as listed in W&I section 827 shall be entitled to inspect a juvenile
case file but shall not be entitled to copy a juvenile case file.

Pursuant to W&I section 676(d), when a petition has been sustained for an offense listed in
W&I section 676(a), the following information contained in the court file shall be available
for public inspection: (a) the charging petition, (b) the minutes of the proceeding, and (c) the
orders of the adjudication and orders of the disposition of the court.

E. Discovery of Juvenile Records

Except as provided above, persons who desire to inspect or copy a juvenile case file shall
follow the procedures as outlined in W&I section 827 and CRC, rule 5.552. See Judicial
Council Form JV570.

Juvenile case files may not be obtained or inspected by civil or criminal subpoena.

F. Access by CASA

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A CASA may inspect and copy records pursuant to W&I section 107. Confidential records
and information acquired by a CASA shall remain confidential and shall be disclosed only
pursuant to a court order pursuant to W&I section 105. The CASA shall present his/her
identification as a CASA to any such record holder in support of his/her request for access
to specific records. No consent from the parent or guardian is necessary for the CASA to
have access to any records relating to the child.

G. Duplication Prohibited

Records received pursuant to these rules shall be kept confidential and shall not be
duplicated or disclosed to third parties.

H. Release of Court Reports to Court-approved Mental Health Evaluators

Where the Court has ordered a mental health or psychological evaluation of a minor, the
court approved evaluator shall be given a copy of the court report relating to the minor,
unless the court makes a specific order to the contrary in the referral.

I. Release of Information Relating to Juveniles by Law Enforcement

Pursuant to the cases of T.N.G. v. Superior Court (1971) 4 Cal.3d 767 and Westcott v.
County of Yuba (1980) 104 Cal.App.3d 103, this rule applies to all law enforcement
agencies and officials in Sonoma County.

1. Identity of Juvenile

Arrest reports or other information in regard to the identity of individual juveniles
under the age of eighteen (18) years who are the subject of juvenile court
proceedings shall not be released to the press or other media or to any persons or
public agency until a detention order has been made by the Juvenile Court or as
otherwise provided by law.

2. Information Regarding Incident

a. Police reports or information in regard to the incident, with exceptions
noted, may be released to:

(1) The minor, if self-represented in a juvenile court proceeding, or to
his/her attorney pursuant to these rules;
(2) The District Attorney of Sonoma County;
(3) The law enforcement agency of the minor’s residence;

b. Other law enforcement agencies who require it for crime investigation or reporting purposes; c. The Sonoma County Probation Department; d. Court personnel; e. The Sonoma County Department of Human Services, Division of Family and Children’s Services; f. The parents or legal guardian of the minor, unless there is a reference to another minor in the reports (In that situation, the request must be approved by the juvenile court.);

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g. The school attended by the minor;
h. Victims of juvenile crime (They may be given the names and addresses of
the persons mentioned in the report, without reference to the status of any
minor. The release of further information must be approved by the juvenile
court.);
i. Hospitals, schools, camps, Job Corps or placement agencies which require
the information for the placement, treatment or rehabilitation of the minor;
j. The persons entitled thereto under Vehicle Code §§20008-20012;
k. Any coroner or medical examiner;
l. The name of a minor 14 years of age or older taken into custody for the
commission of a serious felony as defined by subdivision (c) of Penal Code
section 1192.7, and the offenses allegedly committed may be released at the
request of any interested party if a hearing has commenced that is based
upon a petition that alleges that the minor is a person with the description of
Section 602.

3. Commission of a Felony

If at disposition the minor was found by the court to have committed a felony, the
arresting agency may send the usual information to the CII, FBI or other police
agencies within California, but to no other persons or agencies (except as otherwise
authorized herein).

4. Contents of Reports

This rule does not prohibit release of information by law enforcement agencies
about crimes or the contents of arrest reports, except insofar as they disclose the
identity of the juvenile who is subject of juvenile court proceedings.

5. Coroner’s Reports

This rule does not apply to coroner’s reports.

J. Inter-Agency Exchange of Information

This rule addresses the exchange of information between Family Court Services,
Probation Department, Department of Human Services, Case Management Council,
minor’s counsel and the Court Investigator in juvenile delinquency, juvenile
dependency, child custody, conservatorship, guardianship, and criminal
proceedings. The disclosure of information concerning children and their parents
by any of these agencies is generally prohibited by law. Nevertheless, a limited
exchange of information about children or parents between these agencies in certain
circumstances will serve the best interests of the child who is before the court. The
court hereby finds that the best interests of children and victims appearing in court,
the public interest in avoiding duplication of effort by the courts and by the
investigative agencies serving the juvenile and family courts and the value of having
relevant information gathered by a court agency outweighs the confidentiality
interests reflected in Penal Code sections 11167 and 11167.5 and W&I sections 827
and 10850 et seq., Family Code sections 1818, and Probate Code section1513, and
therefore good cause exists for this rule.

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2. The representatives of the above-listed agencies who are investigating or
supervising cases involving children may orally disclose information to each other
as follows:

a. Whether the child before the court, his/her parents, guardians, or caretakers
are or have been the subject of a child custody, delinquency, dependency
criminal or probate investigation, the findings and status of that
investigation the recommendations made or anticipated to be made to the
court by the agencies listed above, and the progress while under court
supervision including compliance with court orders, and any court orders in
existence with respect to the child, parents, guardians, or caretakers.

b. Any statement made by the child or the child’s parents, guardians, or
caretakers which might bear upon the issue of the child’s best interests in
the pending case.

c. Each agency may include this information in court reports and keep such
information in their case files.

d. All of the above listed agencies may provide written documents to each
other. These documents may include but are not limited to relevant portions
of investigation notes, progress notes and summaries, and court reports
containing information described in (a) and (b) above. However, child
abuse and neglect reports described by Penal Code section 11167.5
(Suspected Child Abuse Report form #S-8572), information disclosing the
identity of a reporting party, or court-ordered psychological evaluations will
not be exchanged between the agencies absent a court order. Copies of HSD
or Juvenile Probation Department documents used by the above-listed
agencies will not be made available to the public without a court order.

3. Any disclosure authorized by this rule shall be subject to the following conditions:
The agency receiving the request shall first establish to its satisfaction that the
inquiring party is in fact a member of an agency designated above; all information
shall be provided orally; if an agency desires written documentation, it shall make
written application for a court order releasing that documentation; the information
gathered shall be used exclusively in the investigation being conducted and the
subsequent court proceedings, and shall not be repeated to anyone not a party to
those proceedings without court order.

4. Nothing in this rule is intended to limit any disclosure of information by any agency
which is otherwise required or permitted by law or by other court orders.

5. The release of information by Family Court Services is subject to limitations
imposed by state and local rules. (Rev. 1/1/2007; 7/1/2009)

10.18 LOCAL RULES RELATING TO CHILD ADVOCATES

A. The CASA Program

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The Juvenile Court may appoint a CASA to represent the interests of dependent or justice
children. The CASA program must operate under the guidelines set forth in W&I section
100 et seq.; W&I section 356.5; and CRC, rule 5.655.

The CASA program shall report regularly to the Presiding Judge of the Juvenile Court 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. Sworn Officer of the Court

A CASA is an officer of the court and is bound by these rules. Each CASA shall be sworn
in by a Superior Court Judge/Commissioner before beginning his/her duties.

C. Termination of CASA

The CASA serves at the pleasure of the court, and the appointment of the CASA may be
terminated by the court. Any party or the Director of the CASA program may file a motion
for termination of the appointment of a CASA. The court will determine whether there shall
be a hearing on such a petition.

Any CASA with a grievance concerning termination may petition the court for a hearing.
Such petition shall include facts indicating that the CASA has exhausted all remedies
available to him or her within the CASA program. The court will determine whether there
shall be a hearing on such a petition.

D. CASA’s Functions

In general, a CASA’s functions are as follows:

1. To provide independent, factual information to the court regarding the cases to
which he or she is appointed;

2. To represent the best interests of the children involved, and consider the best
interests of the family in the cases to which he or she is appointed;

3. At the request of the judicial officer, to monitor cases to which he or she has been
appointed to assure that the court’s orders have been fulfilled.

E. Specific Duties

The court shall, in its initial order of appointment, and subsequent orders as appropriate,
specifically delineate the CASA’s duties in each case, which may include independently
investigating the circumstances of the case, interviewing and observing the child and other
appropriate individuals, reviewing appropriate records and reports, considering visitation
rights for relatives, and reporting back directly to the court as indicated. If no specific duties
are outlined by court order, the CASA shall discharge his/her obligation to the child and the
court in accordance with the general duties set forth in these rules, W&I section 102, and
CRC, rule 5.655.

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F. Procedures in Juvenile Justice Cases

A request for appointment of a CASA in a delinquency case may be made orally or in
writing in open court or ex parte by the probation officer or any party to the case, or by the
court on its own motion. If the court grants the request, it shall order that the case be
referred to CASA for screening.

1. When the court grants the request for appointment of a CASA, CASA shall prepare
and present to the court an order appointing the CASA.

2. Any party to the proceeding may petition the court for a hearing to reconsider the
appointment.

3. A CASA may petition the court to set the minor’s case for a review hearing.

4. CASA reports shall be submitted to the court three (3) court days prior to the
hearing for which it is prepared. CASA reports shall be copied and distributed by
the CASA program to the court, District Attorney, Juvenile Probation, and the
minor’s attorney (or the minor’s parents if unrepresented) at least two (2) court days
prior to the hearing.

G. Procedures in Dependency Cases

1. A request for appointment of a CASA in a dependency case may be made orally or
in writing in open court or ex parte by the social worker or any party to the case or
by the court on its own motion. Unless there is opposition, the referral shall be
forwarded to the CASA office for screening and assignment.

2. When an appropriate CASA has been identified, that person’s name shall be
submitted to the court for appointment. CASA administration shall prepare and
present to the court an order appointing a CASA.

3. Any party to the case may petition the court for a hearing to reconsider the
appointment.

4. A CASA report shall be submitted to the court at least three (3) court days prior to
the hearing for which it is prepared. CASA reports shall be copied and distributed
by the CASA program to the court, County Counsel, HSD and counsel for the
parent(s) and minor(s) at least two (2) court days prior to the hearing.

H. Release of Information to CASA

Upon referral to CASA or upon appointment of a CASA, the judicial officer shall sign an order presented by CASA administration granting the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as 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. See also Sonoma County Local Rules, rule 10.17.

I. Access to Records

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The CASA shall present his/her identification as a CASA to any such record holder in
support of his/her request for access to specific records. No consent from the parent(s) or
guardians(s) is necessary for the CASA to have access to any records relating to the child.
See also Sonoma County local rule 10.17. F.

Pursuant to W&I Code section 107(b), a CASA may not have access to records of a
nonminor dependent without the written and informed consent of the nonminor dependent.

J. Report of Child Abuse

A CASA is a mandated child abuse reporter with respect to the case to which he/she is
appointed.

K. Communication

There shall be ongoing, regular communication concerning the child’s best interests, current
status, and significant case developments, maintained among the CASA, social worker,
child’s attorney, attorneys for parents or guardians, foster parents and any therapist for the
child.

L. Right to Timely Notice

In any motion concerning the child for whom a CASA has been appointed, the moving party
shall provide the CASA timely notice.

M. 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.

N. Visitation Throughout Dependency

A CASA shall visit the child regularly until the child is secure in a permanent placement.
Thereafter, the CASA shall monitor the case as appropriate until dependency is dismissed.

O. Family Law Advocacy

Should the Juvenile Court dismiss dependency and create family law orders pursuant to
W&I section 362.4, the CASA’s appointment may be continued in the family law
proceeding, in which case the Juvenile Court order shall set forth the nature, extent and
duration of the CASA’s duties in the family law proceeding.

P. Right to Appear

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A CASA shall have the right to be present and be heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that he/she may be called to testify at some point in the proceedings. (Revised 1/1/2007)

10.19 MEDICAL ISSUES

A. Health Assessment, Physical Examination, Laboratory Tests, Venereal Disease,
Screening and Furnishing of Contraceptives, Immunizations, Routine Medical Care,
Mental Health Evaluation and Services, and Dental Assessment and Treatment of
Temporarily Detained Minors

In order that minors detained in the Sonoma County Probation Department and Department
of Human Services temporary holding facilities, i.e. Juvenile Hall, rehabilitation facilities,
Valley of the Moon Children’s Home, emergency satellite 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 Sonoma County medical
clinics are hereby authorized to provide the following services to all such juveniles, which
services follow the “Statement of Pediatrics, Health Care for Children and Adolescents 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 and limited, non-intrusive diagnostic tests such as X-
rays and CT scans, the medical provider determines are necessary for the evaluation
of the juvenile’s health status;

3. Upon consent of the minor and the minor’s counsel, screening for venereal disease.
Contraceptive devices may be furnished to any minor upon the minor’s request;

Any standard childhood immunization necessary to bring a minor’s immunization up to date, and, if immunization records are unavailable, any immunizations recommended by the American Academy of Pediatrics for that child’s age. However, no immunizations shall be administered before: (1) making a reasonable attempt to obtain parental or legal guardian consent; (2) checking the county immunization registry; (3) contacting the child’s physician; and (4) if the child is of school age, contacting the child’s school for immunization records. If a parent or legal guardian objects to the child receiving immunizations, then no immunizations shall be administered without a court order. Further, if no parent or legal guardian is available to give consent, no immunization may be given until the above conditions have been met and seven days have elapsed since the child’s detention; 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 illnesses and injury, including the use of standard X-rays, stitches for cuts and casts for broken bones. Routine medical care as referred to above includes: a. First aid care for conditions which require immediate assistance from a person trained in basic first aid as defined by the American Red Cross or its equivalent;

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b. Clinic care for ambulatory juveniles with health care complaints who are
evaluated and treated at sick call or by special appointment; and

c. Inpatient bed care for illness or injury which requires limited observation
and/or management and does not require admission to a licensed hospital.
Routine medical care does not include blood transfusions or inpatient care
for illness or diagnosis which requires optimal observation and/or
management in a licensed hospital;

6. A mental health status evaluation and necessary mental health services except no
placement in an inpatient psychiatric facility shall occur absent compliance with
W&I sections 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;

8. HSD social workers are authorized to sign necessary documentation and consent
forms, including school medical consent forms, for the provision of medical
services described in this section.

B. Authorization for Use of Psychotropic Drugs

1. The administration of psychotropic drugs to minors who are wards or dependent
children shall only occur upon the authorization of a duly licensed psychiatrist, the
Medical Director of Juvenile Institutions or the Director’s designated physician and
the court after notice to the minor’s attorney, parents/guardian and/or their attorney.

2. In dependency cases, any request for psychotropic drugs must be made on Judicial
Council form Application and Order for Authorization to Administer Psychotropic
Medication-Juvenile JV-220. Absent an emergency, no request shall be presented
to the judicial officer until one (1) business day after the request has been made
available by the HSD for review by County Counsel. This requirement is in
addition to the specific requirements governing psychotropic medications in CRC,
rule 5.640.

3. Initiation or Changes in Medication

The court finds that immediate and special mental health intervention may be necessary for disturbed, psychotic, depressed or suicidal minors who are impacted by the unusual life situations and the stress of institutional placements. Accordingly, the administering psychiatrist shall have the discretion to initiate the use of psychotropic drugs for a 14-day period while attempting to obtain parental or guardian consent or court authorization if after weighting the risks and benefits of such medication, the psychiatrist concludes there is no significant risk of irreversible side effects.

If the administering psychiatrist, probation officer or social worker learns that the

parent, guardian or attorney for the child objects to the utilization of such drugs, the matter shall be set for hearing before a Juvenile Court judicial officer on an expedited basis.

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4. Continuation of Previously-Prescribed Medication

If the minor has already been prescribed psychotropic drugs, the attending physician
may continue the use of those previously-prescribed drugs at the physician’s
discretion. However, there shall be no increases in dosage without authorization
pursuant to W&I section 369.5 and CRC, rule 5.640. The parents or guardian do
not have the authority to withhold consent for increases/decreases in dosage if the
child has been removed from their custody and control.

5. Continuation of Medication Upon Change in Placement

Whenever a dependent child or ward of the court, or minor in placement at the
Juvenile Hall or Valley of the Moon Children’s Home, is moved to a new placement
or to a facility pursuant to W&I section 5000, et seq., and the child is prescribed
medication, the medical or other supervisor at the new placement may continue to
administer that medication under supervision of the medical staff or the child’s
physician. No further order of the court is required and the child’s medication is not
to be abruptly discontinued for lack of such an order.

6. This rule does not override any inherent authority a physician may have to provide
treatment and care in emergency situations (Cal. Code Regs. Title 9, section 853)

C. At the time of admission to the temporary holding facility, all reasonable efforts should be
made to obtain the consent of the parent(s) or legal guardian for non-routine medical care
while the juvenile is temporarily detained or placed out-of-home. In the event signed
consent cannot be obtained, the medical clinic shall request a court order for any non-
routine health care.

D. This rule applies to dependency children in court-ordered placement as well as children who
are the subject of a W&I section 300 petition who are temporarily placed with relatives or
non-relative extended family members. (Revised 1/1/2007)

10.20 REQUESTS FOR MODIFICATION (Dependency Proceedings)

Requests for modification will be addressed pursuant to procedures set forth in W&I sections 387,
and 388, and CRC, rules 5.560(d), 5.565 and 5.570.

A. Notice Regarding Change In Placement

In order to ensure that proper notice is received by parents or guardians, attorneys for
parents and minor’s counsel of any change in a child’s placement after the original
dispositional hearing:

1. Non-emergency situations

a. If the county of placement remains the same, HSD shall give notice at least five (5) business days prior to the change in placement.

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b. Prior to removal of a child from one county to another, HSD shall provide
notice at least ten (10) business days unless emergency circumstances
prevent such notice.

2. Emergency situations

HSD shall give notice immediately upon determination that a move is necessary.

3. Notice may be given orally or in writing.

B. W&I Code Section 388 Petitions

This procedure relates to the notification process required before the filing of a JV-180
petition requesting modification, the procedure for approving undisputed JV-180 petitions,
and the procedure for the court’s consideration of disputed JV-180 petitions. These
procedures are as follows:

1. At least one week before the JV-180 is submitted to the court, or upon a showing of
good cause, such shorter time as the court may order, the moving party must fax a
draft of the proposed JV-180 with supporting documentation to all counsel, parties
unrepresented by counsel, and the social worker. (May be mailed if a fax number is
unavailable.

2. At least seven (7) calendar days after the draft JV-180 has been served as described
above, the moving party may submit the original (and one copy) of the petition to
the court. Paragraph 8 must be fully completed, including a clear statement of the
date(s) of service of the draft copy. The moving party need not complete Paragraph
10 of the JV-180.

3. When the original JV-180 is submitted, the moving party will serve all parties with
a complete copy of the JV-180 being submitted and notice of the submission of the
JV-180 to the court.

4. If the request is agreed to by all parties, the court may grant the petition without a
hearing. (Calif. Rules of Court, rule 5.570(d)) After the court grants the request, the
court will file the JV-180 and an endorsed filed copy of the order will be returned to
the moving party for service on all other parties. The moving party must
subsequently file an appropriate proof of service documenting its service of the
order granting the requested modification.

5. If the request is disputed, the court will mark the original as “received”.

a. Within two (2) court days of receipt of the petition, the court will make an initial determination whether the petition meets the threshold to warrant a hearing. In order to warrant a hearing, the moving party must show: 1) changed circumstances or new evidence; and, 2) that the best interests of the child may be promoted by the proposed modification.

b. If the court determines that the petition does not merit a hearing: 1) the
court will deny the petition on its face (Calif. Rules of Court, rule 5.570),

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file the petition, and fax its ruling to the moving party, and 2) the moving
party will serve the denial on all parties by fax within two (2) court days of
receipt and submit an appropriate proof of service to the court. (May be
mailed if a fax number is unavailable.)

6. If the court determines the petition appears to merit a hearing:

a. The court will set the matter as the last item on the court’s calendar on
Wednesday or Thursday afternoon in at least two (2) weeks but not more
than three (3) weeks to allow for opposition to the setting;

b. The court will serve notice of the hearing on all parties:

c. Any party opposing the setting of the petition for hearing will serve by fax
and submit its opposition to the court no later than three (3) court days
before the initial setting. (May be mailed if a fax number is unavailable.)

d. At initial appearance, a short oral argument regarding granting the petition
will be entertained by the court. Following argument, the court will either
set the matter for trial or deny the petition on the record. The petition and
order will be filed at this time.
(Revised 1/1/2007; 7/1/2012)

10.21 ACCESS TO MINORS IN DEPENDENCY PROCEEDINGS

After filing of the petition in a dependency proceeding, no party or attorney, other than the social
worker, in a dependency proceeding shall:

A. Interview the minor about the events relating to the allegations in the petition(s) without
permission of the minor’s attorney or court order;

B. Cause the minor to undergo a physical, medical or mental health examination or evaluation
without court approval. (Revised 1/1/2007)

10.22 MEDIATION IN DEPENDENCY PROCEEDINGS

A. Dependency cases may be referred to mediation at any stage of the proceedings as deemed
appropriate by a judicial officer hearing dependency cases and as resources for mediation
are available. The parties are to cooperate with the process if referred.

B. Calendaring and Referral

1. The court will, at the time of calendaring, attempt to identify all the individuals
whose participation in mediation may be helpful in resolving the case so that their
participation may be either ordered or invited as appropriate.

The court will complete Sonoma County local form Family Court Services Mediation Referral Order (JUV 102.1 or JUV 102.2) at the time of calendaring and will identify the participants and issues referred to mediation.

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3. The court will make the juvenile dependency file available to Family Court Services
or other authorized mediator or mediation program.

4. Dependency mediation in Sonoma County is a confidential and non-recommending
process operating in compliance with W&I section 350, CRC, rule 5.518 and
Chapter 2, sections 1115 through 1128 of the Evidence Code with the following
exceptions to confidentiality: Sonoma County dependency mediators have a duty
when confronted with serious threats of violence against reasonably identifiable
victims to make reasonable efforts to communicate such threats to the victim or
victims and to a law enforcement agency. (Revised 1/1/2007)

10.23 SETTLEMENT CONFERENCES IN DEPENDENCY PROCEEDINGS

Settlement conferences shall be held prior to every contested dependency hearing unless expressly determined to be unnecessary by the judicial officer setting the contested hearing.

The trial attorneys and all parties other than the minor shall be present at the settlement conference, unless expressly excused by the court. At the settlement conference the parties or their attorneys shall discuss the issues to be tried and any areas of agreement. (Eff. 1/1/14)

10.24 GUARDIANS AD LITEM (Dependency Proceedings)

A. Appointment of Guardians Ad Litem

1. The court shall appoint a guardian ad litem to represent any incompetent parent or
guardian whose child or ward is before the juvenile court pursuant to a dependency
petition (W&I section 300 et seq.). The determination of incompetency may be
made by the court at any time in the proceedings based upon evidence received
from any interested party.

2. The parent or guardian must be present and the court must explain the proceedings
to the parent or guardian in plain language. If the court finds by a preponderance of
the evidence that the parent or guardian does not understand the nature or
consequences of the proceeding, or that the parent or guardian cannot assist their
attorney in the preparation of their case, the court shall appoint a guardian ad litem.

B. Notice to Guardians Ad Litem, Access to Records, and Duty to Appear

1. In all proceedings, the guardian ad litem shall be given the same notice as any party.
2. The guardian ad litem shall have the same access to all records relating to the case
as would any party.
3. The guardian ad litem has a duty to appear at all hearings.

(Revised 1/1/2007)

10.25 VISITATION (Dependency Proceedings)

A. Between Detention and Disposition

Visitation for any child taken into temporary custody pursuant to W&I section 300 et seq., will be provided according to the following guidelines:

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1. The first visit with his/her parent(s) or guardian(s) shall occur within five (5)
calendar days of the date the child was taken into temporary custody. Visitation
thereafter shall be as frequent as possible consistent with the best interests of the
child.

2. Absent unusual circumstances, the following guidelines shall be considered:

a. Newborns to five years old: Six (6) hours of visitation with their parent(s)
or guardian(s) per week. No visit shall exceed two (2) hours per day.

b. Six year olds to eighteen year olds: Three (3) hours of visitation with their
parent(s) or guardian(s) per week.

3. Any request for the court to consider visitation issues shall be made at the detention
hearing or with two (2) court days’ notice prior to the jurisdiction hearing.

B. Post-Disposition

The court will entertain argument regarding visitation at subsequent review hearings only if
notice of the visitation issue has been given to all parties at least two (2) court days prior to
the review hearing.
(Revised 1/1/2007)

10.26 TRIAL HOME VISITS (Dependency Proceedings)

A. HSD shall obtain a court order prior to starting a trial home visit. No later than the time the
request is presented to the court and at least three (3) court days before the trial home visit is
to begin, HSD shall give notice to all counsel and self-represented parties of the request.
The request shall include the date the trial home visit is to begin. Said notice shall not be
less than three (3) court days before the trial home visit is to begin.

B. A trial home visit shall not commence prior to the passage of three (3) court days after
notice of the date the visit is scheduled to begin unless agreed to by all parties and approved
by the court.

C. All parties shall have the opportunity during the ensuing three (3) court days to object to the
start of the trial home visit. If no objection is received, the court will review the proposed
order for approval. With the court’s approval, the trial home visit may begin the day
following the three (3) court day period.

D. If any party objects, said objection shall be made orally or in writing ex-parte to the court by 4:00 p.m. of the third court day, with oral notification of the objection to the social worker and all other parties. Upon receipt of any party’s objection to the trial home visit, the clerk of the court shall set the matter on the next Master Calendar for setting a hearing. The objecting party shall give oral or written notice of the scheduled hearing to all other parties.

E. The minor(s) shall remain in the current placement or other appropriate foster care pending
the hearing. In no event shall the minor(s) be placed with the party(ies) who are the subject
of the trial home visit until the court has ruled on the matter.

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F. If the court has previously approved a trial home visit, the social worker shall obtain a 90
day review date from the juvenile dependency clerk and notify all parties of the
commencement of the trial home visit and review hearing date.
(Revised 1/1/2007)

10.27 EXIT CUSTODY ORDERS (Dependency Proceedings)

A. At least thirty (30) days prior to a review hearing at which dismissal will be recommended,
the social worker shall notify the parents’ attorneys, unrepresented parties and counsel for
the child that the HSD will be recommending dismissal of the action and that an exit
custody order will be required. The worker will provide counsel and self-represented parties
with information regarding visitation and case status to assist in formulating a custody
order.

B. At least three (3) weeks prior to the review hearing, counsel for the parents, or the parents
where self-represented, and counsel for the child are encouraged to meet and confer to
negotiate an exit custody order. It is not necessary that an HSD representative appear at the
conference if the minor is represented by counsel. If agreement is reached, it is parents’
counsel’s joint responsibility to prepare and submit to the court and serve on all parties a
proposed order on Judicial Council form Custody Order- Juvenile JV-200 at least three (3)
court days prior to the review hearing.

C. If the terms of the exit custody order are in dispute, counsel and the parents are encouraged
to meet in an informal settlement conference and/or mediation prior to the review hearing.
A mediation date can be reserved by contacting Family Court Services at (707) 521-6800.

D. To confirm a mediation date, the parties must submit Sonoma County local form Family
Court Services Mediation Referral Order (JUV-102.1 or JUV-102.2) for court approval.
The submitting party will serve the order on Family Court Services, HSD, and all counsel
and self-represented litigants.

E. If the parties are not able to reach agreement prior to the review hearing, at the hearing, the
matter shall be set on the first available master calendar following the previously reserved
mediation date. A settlement conference generally will not be required if there has been a
settlement conference or Family Court Services mediation session regarding the exit
custody orders.

F. The parties’ willingness and ability to work together for the benefit of the child(ren) will be
one factor the court considers in making custody orders following any contested hearing on
the issue.
(Revised 1/1/2007)

10.28 15-DAY REPORTS (Dependency Proceedings)

A. The 15-day reviews required to be submitted to the court by HSD pursuant to W&I section
367 and CRC, rule 5.695(I) shall be filed on the 15th day after disposition. The filed report
shall contain a detailed summary of the efforts put forth by the social worker to place the
minor. The second report filed with the court on the 30th day after disposition shall contain
the following:

1. A listing of all prospective placements contacted;

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2. The date of submission of each application for admission to the respective
placement facilities;

3. The results, if any, of each application and the dates of receipt of notification of said
results;

4. The names of any further placements to which applications are contemplated and
the prospective date that the application(s) will be made;

5. A report of personal contact with the minor to apprise him or her of the progress of
the placement process and the minor’s statement regarding the impact of the delay
on the minor;

6. Any specific incidents of physical or mental health- related problems or behavioral
issues encountered by the minor while awaiting placement.

B. This pattern shall continue each 15 days. The listed requirements shall be part of the 60-,
90-, 120-day, etc., report documenting activities during the preceding 30-day interval.
(Revised 1/1/2007)

10.29 BONDING STUDY (Dependency Proceedings)

A. Any party to a dependency case may request that the court consider the appointment of an
expert to prepare a bonding study for the court and/or the requesting party.

B. A request for a bonding study must be made in writing and must be filed with the court no
later than thirty (30) calendar days following the court’s order terminating/bypassing
reunification services and setting a hearing pursuant to section W&I section 366.26. The
request must demonstrate that there is good cause for ordering a bonding study, which shall
include at a minimum the following:

1. A declaration by the requesting party setting forth the factual basis of the alleged
bond between parent and child(ren), including the specifics of the parent’s record
regarding visitation over the previous six months; and

A declaration by a service provider or professional demonstrating personal knowledge of and stating facts that indicate there is a bond between the parent(s) and the child(ren), as well as the declarant’s knowledge of the nature and extent of the contact between the parent and child(ren) during the previous six months. In the alternative, the attorney for the requesting party or the self-represented requesting party may submit a declaration regarding his/her unsuccessful efforts to obtain a declaration from a professional and attach/summarize visitation notes that in the attorney’s or party’s view demonstrate consistent visitation and the existence of a bond between the parent(s) and child(ren).

C. If a prima facia showing is made, the matter will be set for a hearing in not less than twenty (20) days, to allow time for the filing of any opposition. Once a court date is assigned, the papers are to be served on all parties by the moving party.

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D. If any party opposes the request for a bonding study or wishes to request an expansion of the
study to include an evaluation of the bond between the child(ren) and the current
caregiver(s) and/or between the children themselves, responsive pleadings must be filed
with the court and served on all parties at least three (3) court days before the date of
hearing. (Revised 1/1/2007)

10.30 PRISONER TRANSPORT ORDERS (Dependency Proceedings)

It is the responsibility of an incarcerated parent’s counsel to be in contact with his or her client at the
earliest opportunity prior to each hearing and to advise the parent of his or her rights and prior to
each hearing at which the client has a right to appear, 1.) it is the responsibility of the attorney to
arrange for the transportation of the client to appear at the hearings and/or 2.) obtain a waiver from
the client. For a client who is in custody in the Sonoma County Jail, including the North County
Detention Facility, counsel shall follow the procedure set forth in the section below. For a client
who is in custody out of county, in state prison or declared mentally incompetent as set forth in
Penal Code section 2625, counsel shall utilize Judicial Council form Order for Prisoner’s
Appearance at Hearing Affecting Prisoners Parental Rights JV-450 and follow the procedure set
forth below.

A. For Parents in Custody in the Sonoma County Jail

Five (5) days prior to the scheduled hearing, confirm with the juvenile court clerk that notice
has been given to the Sheriff’s Department that the parent needs to be transported.

B. For Parents in Custody Out of County or in State Prison

1. At least, three (3) weeks prior to the scheduled hearing date, submit to the court
Judicial Council form Order for Prisoner’s Appearance at Hearing Affecting
Prisoners Parental Rights (JV-450), and Declaration in Support of the Order (Penal
Code §2625, subd. (d)).

The Declaration and Judicial Council form JV-450 shall contain the following:

a. An identification of the specific type of hearing at which the incarcerated
parent-party’s attendance is requested; and
b. A recitation of facts that demonstrate good cause for the attendance of the
incarcerated parent-party, unless the hearing is a dispositional hearing or a
hearing to terminate parental rights.

2. When counsel obtains the certified copies of the order and the endorsed-filed copy
of the declaration, counsel must then present four certified copies of the order to the
Criminal Division of the Sonoma County Superior Court, with the request that three
(3) certified copies be date/time stamped and placed in the Transport Order box, and
that the other copy be date/time stamped and returned to counsel for his/her files.
The fifth certified copy shall be served on the facility where the parent is
incarcerated.

C. Orders to Produce Incarcerated Parties in Dependency Cases

The requesting party shall complete a proof of service indicating delivery of three (3)
certified copies of the order to the Criminal Division of the Superior Court (for the

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Transport Order box), the facility where the parent is incarcerated and all parties, and file
the proof of service with the juvenile court.

D. Waiver of Attendance

If the parent does not wish to attend the hearing, the proper waiver form must be completed
and filed with the court. It is parent’s counsel’s responsibility to obtain the waiver from the
parent and/or facility and file it prior to the hearing. (Revised 1/1/2007)

10.31 REQUESTS FOR TRANSCRIPTS

A party requesting a reporter’s transcript shall apply in writing to the judicial officer who heard the matter in question. (Eff. 1/1/14)

10.32 ACCESS TO COURTROOM BY NON-PARTIES

Unless specifically permitted by statute, juvenile court proceedings are confidential and shall not be open to the general public.

The court encourages interested persons including trainees and students to attend juvenile proceedings in order better to understand the workings of the juvenile court. The court retains the discretion to determine in each case whether any such interested party may attend court sessions.

The court or its agent shall remind each such non-party that the names of parties and/or identifying information from any case are confidential and shall not be repeated to anyone outside the court. Any such person may be required to sign an acknowledgment and agreement relating to their observation of court proceedings. (Eff. 1/1/14)

10.33 NOTICE AND REQUEST TO ATTEND COURT PROCEEDINGS (Delinquency Proceedings)

A. Confidential Proceedings: In all non W&I Code section 676(a) delinquency cases,
permission to attend the court proceedings is in the discretion of the judicial officer
presiding over the matter. A written request seeking permission to attend confidential
proceedings must be filed with the juvenile clerk.

B. The request must be filed with the juvenile clerk by (a) 10:00 a.m. the day of the hearing for
cases that are calendared for the afternoon session; or (b) 4:00 p.m. the business day before
the hearing for cases that are calendared for the morning session. (Eff. 1/1/14)

10.34 REQUEST FOR COMPUTER ACCESS TO JUVENILE CASE MANAGEMENT SYSTEM

In an effort to maintain confidentiality requirements with regard to juvenile matters, access to juvenile case information via the automated case management system will be limited. Requests for computer access to the Juvenile Case Management System by criminal justice and law enforcement agencies are to be submitted to the Presiding Judge of the Juvenile Court for approval, with a copy submitted to the juvenile court division manager. (Eff. 1/1/14, Revised 1/1/2022)

10.35 USE OF CAMERAS OR RECORDING EQUIPMENT (Dependency Proceedings)

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Pursuant to CRC, rule 1.150(e)(6)(B), the judicial officer presiding over any dependency matter shall not have discretion to permit cameras or recording equipment in the dependency courtroom. (Revised 1/1/2007)

10.36 FOREIGN CONSULATES (Dependency Proceedings)

Whenever there is reason to believe that a child appearing before the juvenile court is a foreign national, HSD may orally disclose to the foreign consulate the following information about each child and parent: address, telephone number, date of birth and the reason the child was brought into protective custody. (Revised 1/1/2007)

10.37 APPEARANCE BY TELEPHONE (Dependency Proceedings)

A. General Provisions

A party in a dependency proceeding may request permission to appear by telephone in any
hearing or conference. The court shall ensure that the appearance of one or more of the
parties by telephone does not result in prejudice to the parties appearing in person. The
court will disfavor any request for a parent who is physically able to appear in court and
lives within the State of California.

B. Requests

A request for appearance by telephone shall be made by letter or other ex parte application
at least five (5) court days before the hearing. The request shall be submitted to the court
with copies served on all parties.

C. Opposition

Opposition to the request for appearance by telephone may be made to the court at least
three (3) court days before the hearing with copies served on all parties.

D. Court Order and Ruling

The court will rule on the request for telephone appearance at least two (2) court days before
the hearing and issue a written order that will be served on all parties.
(Effective 1/1/2007)

10.38 COURT APPOINTED COUNSEL COMPENSATION (602 and 300)

Court appointed counsel shall be compensated by the court:

In appropriate cases extraordinary costs and expenses, including expert witness fees and investigation costs, shall be allowed provided that prior approval is obtained from the judicial officer. Ex parte petitions may be made in camera if authorized by law. Normal overhead costs are not considered allowable expenses for reimbursement. These include telephone costs, office copying costs, certified mail, etc.

(Effective 1/1/2007)

10.39 DUAL STATUS JURISDICTION

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Pursuant to WIC 241.1, Sonoma County is a Dual Status Jurisdiction. Refer to the written protocol between the Sonoma County Probation Department and the Sonoma County Human Services Department for details. (Effective 1/1/2022)

10.40 COMPETENCY PROTOCOL

The Juvenile Justice Court will follow the written Juvenile Competency Protocol in dealing with competency issues. This protocol is consistent with and supplements the requirements of WIC §709 and CRC 5.645. In the event of modifications to WIC §709 and CRC 5.645, the Statute and Rule of Court shall control. (Effective 1/1/2022)

RULE 11 RULES APPLICABLE TO APPELLATE DIVISION PROCEEDINGS

11.1 LIMITED CIVIL CASES

A. Pursuant to California Rule of Court 8.833, the original trial court file will be used instead
of a clerk’s transcript. No separate case file shall be created for the purpose of the appeal.

B. Under California Rules of Court, Rule 8.835 (c), in a civil limited appeal, the parties, by a
filed written stipulation or on order of the trial court under California Rules of Court, Rule
8.837 (d) (6), may designate the original of an official electronic recording of the trial court
proceedings, or a copy of the electronic recording made by the court, as the record of the
oral proceedings, without being transcribed, and in lieu of the reporter’s transcript or settled
statement.

C. This rule does not relieve appellant of his/her duty under California Rules of Court, Rule
8.831, to serve and file a notice designating the papers or records on file or lodged with the
clerk, including the clerk’s minutes and any written opinion of the trial court and exhibits
either admitted in evidence or rejected, and any notices, affidavits, orders, and written
instructions given or refused, upon which he/she intends to base the appeal. Nor does this
rule preclude respondent from serving and filing a notice designating, pursuant to California
Rules of Court, Rule 8.832(b), additional papers or records, including the clerk’s minutes,
any written opinion of the trial court, and exhibits either admitted in evidence or rejected,
and any notices, affidavits, orders, and written instructions given or refused which he/she
wishes to have considered by the appellate division.

D. The clerk's charges, under California Rules of Court, Rule 8.833(b) shall be a flat rate
published in the fee schedule under the appeals section. The appellant shall deposit with the
clerk, at the time of the filing of the notice, the amount of the charges as shown in the
Court's fee schedule or file concurrently an Application for Waiver of Court Fees and Costs
accompanied by an Order on Application for Waiver of Court Fees and Costs, unless the
filing party has already obtained, within six months preceding, an Order on Application for
Waiver of Court Fees and Costs which includes a waiver pursuant to California Rules of
Court, rule 3.50, et seq. If the appellant fails to deposit the necessary fees or to file a request
for waiver of the fees the clerk must promptly notify the appellant in writing that the appeal

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will be dismissed unless, within 15 days after the notice is sent the appellant either (A)
makes the deposit; or (B) files an application for a waiver under rule 3.50, et seq. The
respondent's notice need not be accompanied by a deposit.

E. Within ten (10) calendar days of the filing of the notice(s) designating the record, the clerk
shall arrange the entire original limited civil case file in chronological order, number the
pages, and attach a chronological index and a list of attorneys of record indicating the
parties they represent. The clerk shall send copies of the index to counsel of record for each
party and to each unrepresented party for use in paginating their files in accordance with the
chronological index. If no notice to prepare a reporter’s transcript has been filed pursuant to
California Rules of Court, Rule 8.831(b)(5), the clerk shall forthwith notify the parties of the
briefing schedule. If a notice to prepare a reporter’s transcript has been filed, the clerk shall
wait until that transcript has been filed before setting the case for briefing and notifying the
parties thereof. Upon receipt of briefs, or the expiration of time to file respondent’s and/or
closing briefs, the clerk shall set the appeal for hearing and notify all parties of the hearing
date and location.

F. This rule shall not be deemed to preclude the parties’ rights to proceed pursuant to
California Rules of Court, Rule 8.836 or 8.837.

G. Pursuant to CRC 8.834(d)(1) all certified shorthand court reporters transcribing
misdemeanor and limited civil matters for appeal pursuant to CRC 8.834 shall auomatically
be grantred a 30 day extension. All transcripts where a defendant appeals from a Judgement
of conviction shall be due within 50 days after the filing of the Notice of Appeal. (Eff.
1/1/1997; Rev. 7/1/2003, 1/1/2007, 7/1/2008, 7/1/2011, 1/1/15; 1/1/2017)

11.2 MISDEMEANOR CRIMINAL CASES

A. Pursuant to California Rule of Court 8.863, the original trial court file will be used instead
of a clerk's transcript. No separate case file shall be created for the purpose of the appeal.

B. Under California Rules of Court, Rule 8.868 (c), in a misdemeanor appeal, the parties, by a filed written stipulation or on order of the trial court under California Rules of Court, Rule 8.869 (d)(6), may designate the original of an official electronic recording of the trial court proceedings, or a copy of the electronic recording made by the court, as the record of the oral proceedings, without being transcribed, and in lieu of the reporter’s transcript or settled statement.

C. Within twenty (20) calendar days of the filing of the notice of appeal, the clerk shall arrange
the entire original criminal case file in chronological order, number the pages, and attach a
chronological index and a list of attorneys of record indicating the parties they represent.
The clerk shall send copies of the index to counsel of record for each party and to each
unrepresented party for use in paginating their files in accordance with the chronological
index. Counsel for the parties may request in writing that the clerk's office make copies of
specified portions of the file. Counsel shall use the request form provided by the clerk’s
office for this purpose. Counsel will be notified by the clerk’s office when the copied
documents are ready for pickup by counsel.

D. Upon written request, the clerk's office will provide to counsel for the parties a print out of
the complete computer generated docket for the case on appeal.

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E. Neither the Public Defender’s Office nor private defense counsel appointed by the court to
represent an indigent defendant will be charged any costs or fees for copies of documents
provided by the clerk’s office pursuant to requests made under this rule. All non-indigent
parties and all counsel for non-indigent parties shall be required to pay all costs and fees for
documents provided by the clerk’s office pursuant to requests made under this rule at the
time of placing the order for the documents.

F. Pursuant to California Rule of Court, rule 8.864, the appellant must notify the trial court
whether he or she elects to proceed with or without a record of the oral proceedings in the
trial court, and must specify which form of the record of oral proceedings appellant elects to
use. If appellant elects to proceed with a statement on appeal, appellant must follow the
rules set forth in California Rules of Court, rule 8.869 for obtaining a settled statement.

G. Once the record is complete and filed, the clerk shall notify the parties of the briefing
schedule. Upon receipt of the briefs, or the expiration of time to file respondent's and/or
closing briefs, the clerk shall set the appeal for hearing and notify all parties of the hearing
date and location. (Eff. 1/1/1997; Rev. 1/1/2000, 1/1/2007, 7/1/2008, 7/1/2011; 1/1/15)

11.3 TRAFFIC CASES

A. Upon filing of a Notice of Appeal in a traffic case, or an infraction handled by the traffic
division of this court, the traffic department will construct a case file for use in the appeal. This
file will consist of the original citation, minutes from the hearing, all correspondence and any
other documents available. Pursuant to California Rule of Court 8.914, this trial court file will
be used instead of a clerk's transcript.

B. Traffic and infraction cases generally do not have a court reporter present, nor is electronic
recording generally employed. Pursuant to California Rule of Court 8.915, appellant must notify
the court of an election to proceed with a statement on appeal. If, pursuant to Rule 9.915,
appellant elects to proceed with a statement on appeal, appellant must follow the rules set forth
in Rule 8.916 for preparing/settling the statement. If the traffic or infraction case was recorded
electronically, then under California Rules of Court, rule 8.915(a)(2), the parties may, by a filed
written stipulation or on order of the trial court under California Rule of Court, rule 8.916(d)(6),
designate the original of an official electronic recording of the trial court proceedings, or a copy
of the electronic recording made by the court, as the record of the oral proceedings, without
being transcribed, and in lieu of a Reporter’s transcript or settled statement.

C. Traffic and infraction cases generally do not have a court reporter present, nor is electronic
recording currently employed. Pursuant to California Rule of Court 8.915, appellant must notify
the court of an election to proceed with a statement on appeal. If, pursuant to Rule 9.915,
appellant elects to proceed with a statement on appeal, appellant must follow the rules set forth
in Rule 8.916 for preparing/settling the statement.

D. Within twenty (20) calendar days of the filing of the notice of appeal, the constructed file will be
arranged in chronological order with the pages numbered. A chronological index and a list of
attorneys of record indicating the parties they represent will be prepared and included in the file.

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E. Within ten (10) calendar days after certification of the statement on appeal, a complete copy of
this file, including the chronological index and attorney listing will be sent to all parties to the
case and the file will be transferred to the appellate division forthwith for processing.

F. Upon receipt of the record of appeal, the appellate clerk shall notify the parties of the
briefing schedule. Upon receipt of briefs, or the expiration of time to file respondent's
and/or closing briefs, the clerk shall set the appeal for hearing and notify all parties of the
hearing date and location. (Effective 7/1/2011; rev. 1/1/15)

11.4 BRIEFS

A. All briefs filed with the Appellate Division shall be accompanied by three additional copies (this includes a service copy for the trial judge). (Eff. 1/1/1997; Rev. 1/1/99, 7/1/2008; Renumbered 7/1/2011 – formerly Rule 11.3; Rev. 1/1/2013)

B. In the event appellate counsel files an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, the cover sheet of the brief shall state explicitly: "BRIEF SUBMITTED ON BEHALF OF APPELLANT IN ACCORDANCE WITH PROCEDURES OUTLINED IN PEOPLE V. WENDE (1979) 25 CAL.3d 436" or words substantially to that effect. Cases in which appellant has filed a Wende brief shall be placed on calendar, but no oral argument shall occur without the approval of the presiding judge of the Appellate Division. The District Attorney shall not submit a response to a Wende brief unless directed to do so by the court. If oral argument is requested by the court, all parties will be so notified (Eff. 1/1/2013).

11.5 ORAL ARGUMENT

A. Oral Argument

1. Not later than twenty calendar days prior to the date set for oral argument,
the parties may file and serve a Notice of Waiver of Oral Argument.

2. If both parties file a Waiver of Oral Argument, the matter will be deemed
submitted on the briefs on the date set for argument, unless the court requests
oral argument and notifies the parties of the request. (Eff. 1/1/2013)

11.6 PETITIONS FOR WRITS OF MANDATE AND PROHIBITION

A. Filing

1. All Petitions for Writs of Mandate or Prohibition directed to the Appellate Division
of the Superior Court shall be presented, plus three copies, in person, to the
chambers of the Presiding Judge of the Superior Court.

2. All subsequent pleadings, plus three copies, shall be filed in the
Civil Clerks Office.

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B. Stay Requested

When a stay of proceedings is requested by a petition for Writ of Prohibition and/or
Mandate, the circumstances necessitating the stay and its urgency shall be explained in the
petition and the request (“STAY REQUESTED”) shall be prominently noted on the cover of
the petition. The cover of the petition must also identify the nature and date of the
proceeding or act for which the stay is requested. The department and the name of the judge
whose order the petition seeks to stay must also appear on the cover of the petition or at the
beginning of the text.

C. Proposed Order(s)

Petitioner shall present proposed orders concurrently with the
petition.

D. Identification of Underlying Case or Cases

The petition shall include a reference to the underlying or related case(s)
in the caption.
(Effective 1/1/2012)

11.7 PETITIONS FOR WRITS OF SUPERSEDEAS

A. Filing

All Petitions for Writs of Supersedeas directed to the Appellate Division of the Superior Court shall be presented, plus three copies, in person, to the chambers of the Presiding Judge of the Superior Court.
All subsequent pleadings, plus three copies, shall be filed in the Civil Clerk’s Office.

B. Proposed Order(s)

C. Petitioner shall present all proposed orders concurrently with the submission of the

petition. (Eff. 1/1/2013).

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RULE 12 SUPERIOR COURT COMMISSIONER

12.1 APPOINTMENT

Pursuant to Government Code §71622, the judges of the Superior Court, by majority vote, shall appoint a Superior Court commissioner. Any commissioner so appointed shall possess the qualifications set forth in California Rules of Court, rule 10.701, shall hold office at the pleasure of the Superior Court, and shall not engage in the private practice of law except as authorized by California Rules of Court, rule 10.702. (Eff. 1/1/1997; Rev. 7/1/2006, 1/1/07)

12.2 GENERAL AUTHORITY

The court commissioner shall perform the duties and shall have the powers prescribed by Section 22 of Article VI of the California Constitution, Code of Civil Procedure §259, Family Code § 4251, and Government Code sections 71622 and 72190.

The Presiding Judge shall assign to the commissioner such matters as the needs of the court may require. (Eff. 1/1/1997; Rev. 7/1/2006, 1/1/2014)

12.3 ASSIGNMENTS AS TEMPORARY JUDGE

Unless otherwise expressly specified, the commissioner, without further order of the court, shall act
as a temporary judge with respect to any and all actions, causes or proceedings whether civil,
criminal or juvenile in nature and whether regularly or specially assigned to the commissioner or to
the department in which the commissioner is sitting. Such duties and powers include, but are not
limited to, the following:

A. Conduct the trial or hearing of assigned actions, causes and proceedings, whether or not
contested.

B. Hear and determine preliminary matters, including motions, demurrers and other
applications on the civil and criminal law and motion calendars.

C. Approve and issue orders to show cause, temporary restraining orders and other temporary
orders and orders shortening time.

D. Hear and determine ex parte motions for orders, alternative writs and writs of habeas corpus.

E. Appoint appraisers in family law matters.

F. Take and approve bonds and undertakings and determine objections to the bonds or
undertakings.

G. Conduct settlement conferences in civil cases and make orders, including sanctions, in
respect to such conferences.

H. Administer oaths and affirmations, and takes depositions, affidavits and declarations,
including the examination of judgment debtors.

I. Set bail and approve and order releases on one's own recognizance.

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J. Review orders and judgments in default and uncontested dissolution, nullity, and legal
separation cases for the commissioner’s approval, rejection, or change.

K. Hear actions to establish paternity and to establish or enforce child and spousal support
pursuant to subdivision (a) of Section 4251 of the Family Code.

L. Otherwise exercise the powers, duties and functions of a Superior Court judge.
(Eff. 1/1/1997; Rev. 7/1/2006, 7/1/2011)

12.4 DUTIES AS COMMISSIONER

If unable to act as a temporary judge in any matter, the commissioner is authorized to perform the
following functions without further order or assignment:

A. Serve as a juvenile court referee.

B. Act as a probate commissioner.

C. Take evidence and make and report findings thereon as to any matter of fact upon which
information may be required by the court pursuant to Code of Civil Procedure §259(b).

D. Take evidence and make and report findings and conclusions thereon to the court for
approval, rejection or change on preliminary matters, including, without limitation:
Motions or applications for the temporary custody or support of children or for temporary
spousal support, costs and attorneys' fees in family law cases and proceedings; and issues of
fact in contempt proceedings in cases for legal separation, nullity or dissolution of marriage
(family law cases).

E. Take evidence and determine all uncontested or default actions and proceedings other than
actions for legal separations, nullity or dissolution of marriage.

F. Otherwise exercise the powers and duties of a court commissioner or referee authorized by
law. (Eff. 1/1/1997)

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RULE 13 RULES APPLICABLE TO TRIAL JURY SERVICE

13.1 COURT POLICY GOVERNING GRANTING OF EXCUSES

Pursuant to Code of Civil Procedure §204, the following policy and principles are hereby adopted
for the governing the granting of excuses from jury service on grounds of undue hardship:

A. No class or category of persons should be automatically excluded from jury duty except as
provided by law.

B. A statutory exemption from jury service should be granted only when the eligible person
claims it.

C. Postponing jury service should be preferred to excusing a prospective juror for a temporary
or marginal hardship.

D. Inconvenience to a prospective juror or an employer is not an adequate reason to be excused
from jury duty, although it may be considered a ground for deferral. (Eff. 1/1/1997; Rev.
1/1/1998, 1/1/2007)

13.2 DUTY OF CITIZENSHIP

Jury service, unless excused by law, is an obligation of citizenship. The court and its staff shall employ all necessary and appropriate means to assure that citizens fulfill this important civic responsibility. (Eff. 1/1/1997; Rev. 1/1/1998)

13.3 JURORS TO BE SELECTED AT RANDOM

It is the policy of the Superior Court that all persons selected for jury service shall be selected at

random from the population of the area served by the Court; and that all qualified persons have an equal opportunity to be considered for jury service in the State and an obligation to serve as jurors when summoned for that purpose. This rule shall apply to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts. (Eff. 1/1/1997; Rev. 1/1/1998)

13.4 DISCRIMINATION PROHIBITED IN SELECTING JURORS

No eligible person shall be exempt from service as a trial juror by reason of occupation, race, color, religion, sex, sexual orientation, national origin, or economic status, or for any other reason. No person shall be excused from service as a trial juror except as specified in California Rules of Court, Standards of Judicial Administration, Section 2.1008 and 2.1009. (Eff. 1/1/1997; Rev. 1/1/1998, 1/1/2007, 7/1/2008, 1/1/2021)

13.5 SOURCE LISTS OF JURORS

All persons selected for jury service shall be selected at random from sources inclusive of a representative cross section of the population of the area served by the court. The list of registered voters and the Department of Motor Vehicles' list of licensed drivers and identification cardholders resident within the area served by the court shall be considered appropriate source lists for the selection of jurors. These two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population.

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The list provided by the Department of Motor Vehicles shall contain the names, addresses and other identifying information of persons residing in Sonoma County who are age 18 or older and who are holders of a current driver's license or identification card. (Eff. 1/1/1997; Rev. 1/1/1998)

13.6 COMPILATION OF MASTER JURY LIST

Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through selection of prospective jurors for voir dire.

The jury commissioner shall, at least once in each 12-month period, randomly select names of prospective trial jurors from the source lists, to create a master list.

The master jury list shall be used by the jury commissioner for the purpose of summoning prospective jurors to respond or appear for qualification and service. (Eff. 1/1/1997; Rev. 7/1/2000)

13.7 QUALIFIED JURORS

All persons are eligible and qualified to be prospective trial jurors, except the following:

A. Persons who are not citizens of the United States.

B. Persons who are less than 18 years of age.

C. Persons who are not domiciliaries of the State of California.

D. Persons who are not residents of the jurisdiction wherein they are summoned to serve.

E. Persons who have been convicted of malfeasance in office or a felony, and whose civil
rights have not been restored.

F. Persons who are not possessed of sufficient knowledge of the English language, provided
that no person shall be deemed incompetent solely because of a loss of sight or hearing in
any degree or other disability which impedes the person's ability to communicate or which
impairs or interferes with the person's mobility.

G. Persons who are serving as grand or trial jurors in any court of this state.

H. Persons who are the subject of conservatorship.

I. Peace officer as defined in §830.1 and §830.2 section (a) of the Penal Code.

J. Persons who are incarcerated in prison or jail.

K. Persons on felony parole, post-release supervision, felony probation or felony mandated
supervision.

L. Persons required to register as a sex offender under Penal Code section 290 based on a
felony conviction.

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No person shall be excluded from eligibility for jury service in Sonoma County, for any reason other than those reasons provided by this rule. (Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2021)

13.8 REQUESTS TO BE EXCUSED

A. Medical Reasons

A prospective juror who has a physical or mental disability or impairment, not affecting that
person's competence to act as a juror, but which may expose the potential juror to undue risk
of mental or physical harm, may request and be granted an excuse from jury service. Except
where the person is age 70 years or older, the prospective juror may be required to place
such a request in writing and support the request with a physician's statement verifying the
disability or impairment, its probable duration, and the particular reasons for the person's
inability to serve as a juror.

B. Lack of Available Transportation, Excessive Travel Distance

A prospective juror who lacks reasonably available means of public or private transportation
to the court may request and be granted an excuse from jury service for one year.

A prospective juror who must travel an excessive distance, defined as reasonable travel time
that exceeds one and one-half hours from the prospective juror's home to the court, may
request and be granted an excuse from jury service.

C. Prior Jury Service

A prospective juror who has served on a grand or trial jury or was summoned and appeared
for jury service in any state or federal court during the immediately preceding 12 months,
may request and be granted an excuse from jury service for one year.

D. Undue Hardship

A prospective juror who requests to be excused on the ground of undue hardship upon
themselves, or upon the public, as defined by the Judicial Council, or upon a finding by the
court as defined in Code of Civil Procedure §204(b), may be granted an excuse from jury
service by a judicial officer.

One form of undue hardship may be an extreme financial burden to the prospective juror. In
determining whether to excuse a prospective juror for this reason, consideration must be
given to the sources of the prospective juror’s household income, the availability and extent
of income reimbursement, the expected length of the service, and whether service can
reasonably be expected to compromise the prospective juror’s ability to support himself or
herself or his or her dependents, or so disrupt the economic stability of any individual as to
be against the interests of justice.

Another form of undue hardship may be undue risk of material injury to or destruction of
the prospective juror’s property or property entrusted to the prospective juror, and the lack
of feasibility to make alternative arrangements to alleviate the risk, including a
consideration of (A) the nature of the property; (B) the source and duration of the risk; (C)
the probability that the risk will be realized; (D) the reason alternative arrangements to
protect the property cannot be made; and (E) whether material injury to or destruction of the

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property will so disrupt the economic stability of any individual as to be against the interests
of justice.

Another form of undue hardship may be that the prospective juror’s services are
immediately needed for the protection of the public health and safety, and it is not feasible
to make alternative arrangements to relieve the person of those responsibilities during the
period of service as a juror without substantially reducing essential public services.

E. Excuse Request in Writing

All requests to be excused from jury service that are granted for undue hardship should be in
writing from the prospective juror, reduced to writing, or placed on the court's record. The
prospective juror may be required to support the request with facts specifying the hardship
and a statement why the circumstances constituting the undue hardship cannot be avoided
by deferring the prospective juror's service.

F. Person Care

Jury Services may excuse a prospective juror if he or she has a personal obligation to
provide actual and necessary care to another, including sick, aged, or infirm dependents, and
no comparable substitute care is either available or practical without imposing an undue
economic hardship on the prospective juror or person cared for. If the request to be excused
is based on care provided to a sick, disabled, or infirm person, the prospective juror may be
required to furnish verification or a method of verification that the person being cared for is
in need of regular and personal care.

Jury Services may excuse prospective jurors for one year for person care if the juror has
children under the age of 5 years. A doctor’s note will be required from persons providing
supervised care of an immediate family member when an excuse is requested. This does not
exempt business owners who provide child or person care. (Eff. 1/1/1997; Rev. 1/1/2001,
7/1/2008)

13.9 POSTPONEMENT OF JURY SERVICE

Upon receiving a summons for jury duty, a prospective juror may request a postponement of jury service. A maximum of two postponements may be granted within a 12 month period.

A postponement of jury service shall be available under most circumstances, including but not limited to: operators of small businesses; employees of one or two-person offices; persons obligated to provide necessary care to another; individuals unable to serve due to peak periods of employment; persons with scheduled vacations or preplanned absences from the county; and the mother of a breast feeding child (CCP 210.5).

In considering a request for postponement of jury service, the Jury Commissioner's Office may require verification of the reasons provided by the prospective juror. (Eff. 1/1/1997; Rev. 1/1/2005)

13.10 FAILURE TO APPEAR FOR JURY DUTY WHEN SUMMONED

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Any prospective trial juror who has been summoned for service, and fails to attend upon the court as directed or to respond to the court or jury commissioner may be attached and compelled to attend; and following an order to show cause hearing, the court may find the prospective juror in contempt of court, punishable by fine, incarceration, or both, as otherwise provided by law. (Eff. 1/1/1997; Rev. 7/1/2000)

13.11 PERIOD OF SERVICE

The period of jury service in the County of Sonoma is the completion of one trial to a verdict as a trial juror, or one appearance as a prospective juror, until excused or dismissed by the Court. Prospective jurors shall remain "on call" during the one week period of service until asked to appear. If a prospective juror is not required to appear for service during the week, they will be given credit for service and taken out of the pool as if jury service was completed. Completion of service is for a period of at least one year, before the juror may be summoned again. Prospective and sworn jurors will be paid, the approved fee, for each day’s attendance after the first day. Mileage will be reimbursed, at the approved rate, one way after the first day’s attendance. A government employee is not entitled to per diem pay for serving jury duty if they receive regular compensation and benefits while performing jury service from their employer. A government employee is one who is employed by federal, state, or a local government entity or by any other public entity such as the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political subdivision or public corporation in the state (CCP 481.200). (Eff. 1/1/1997; Rev. 1/1/2005)

13.12 CONTACT WITH TRIAL JURORS

Prior to discharging the jury from a case, the trial judge in a criminal action shall provide the notice required by Code of Civil Procedure §237(b) and shall inform the jurors that they have an absolute right to discuss or not to discuss the deliberation or verdict with anyone . The judge shall also inform the jurors of the provisions set forth in Code of Civil Procedure §177.5.

Any violation of this section shall be considered a violation of a lawful court order and shall be subject to reasonable monetary sanctions in accordance with Code of Civil Procedure §177.5. (Eff. 1/1/1997; Rev. 7/1/2000)

13.13 RECORDS COMPILED AND MAINTAINED

All records and papers compiled or maintained by the jury commissioner in connection with the selection or service of a juror shall be preserved for three years after the list used in their selection is prepared or for any longer period ordered by the court or the jury commissioner. (Eff. 1/1/1997; Rev. 7/1/2000, 7/1/2008)

13.14 PROSPECTIVE JURORS IN CIVIL CASES

If a panel is brought in for a specific civil case and the case is either settled or jury is waived while jurors wait, all jury fees will be charged to the parties who requested the jury. (Eff. 1/1/1997; Rev. 7/1/2000, 7/1/2008)

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RULE 14 RULE PROHIBITING SMOKING IN COURT FACILITIES

Smoking shall be prohibited in all public buildings, including all court areas, lobby areas, bathrooms, courtrooms, jury deliberation rooms, jury assembly areas and within 20 feet of main entrances, exits and operable windows of public buildings in accordance with Section 7597, Chapter 32, Division 7 of Title 1 of the Government Code. (Eff. 1/1/1997; Rev. 7/1/2007)

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RULE 15 RULES APPLICABLE TO CIVIL GRAND JURY SERVICE

15.1 COMBINED GRAND JURY

A Grand Jury shall be impaneled annually pursuant to the applicable provisions of the Penal Code §888. (Eff. 1/1/1997; Rev. 1/1/1998)

15.2 APPLICATION PROCESS

In February of each year, the Sonoma County Courts shall actively seek and accept applications from qualified citizens interested in serving on the Grand Jury for the ensuing fiscal year (July - June 30). Those applicants applying for membership on the Grand Jury shall be persons qualified for such selection under the provisions of the Penal Code and Code of Civil Procedure. The application shall be made in writing and shall state the name, residence address, supervisorial district and other information required of grand juror applicants. (Eff. 1/1/1997; Rev. 1/1/1998)

15.3 INTERVIEWS OF PROSPECTIVE GRAND JURORS

From the applications received, a minimum of forty-five (45) candidates, shall be invited to participate in the interview phase of the process. The Presiding Judge shall designate judges to personally interview the prospective grand jurors. Following the personal interviews, the Judges of the Sonoma County Superior Court shall nominate a minimum of thirty (30) finalists from which the new Grand Jury shall be drawn. The list of finalists will be disseminated to all bench officers for review prior to disclosure. (Eff. 1/1/1997; Rev. 1/1/1998; 7/1/15)

15.4 IMPANELMENT OF THE GRAND JURY

On or before the second Friday of each July, the Court shall meet en banc at the hour designated by the Presiding Judge for the purpose of selecting the nineteen (19) grand jurors and a minimum of five alternate grand jurors for the ensuing year. Alternates will be used, in the order drawn, to fill vacancies which might occur during the year. (Eff. 1/1/1997; Rev. 1/1/1998; 7/1/15)

15.5 ADDITIONAL TERM OF SERVICE

Pursuant to the provisions of Penal Code §901(b), the court may appoint "carryover" grand jurors each year, not previously so named, who consent to serve for a succeeding year's term. (Eff. 1/1/1997; Rev. 1/1/1998)

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RULE 16 RULES APPLICABLE TO ALTERNATIVE DISPUTE RESOLUTION (ADR)

16.1 POLICY STATEMENT

The formal litigation of legal claims and disputes is expensive and time consuming. The overall results achieved by some or all of the parties are often unsatisfactory. There are many alternatives to formal court litigation which are less expensive, less time consuming, and more beneficial to the parties. It is therefore the firm policy and goal of this court to encourage the parties in all civil cases to explore and pursue private dispute resolution by means of an Alternative Dispute Resolution process that is appropriate to the matter and at the earliest appropriate date. (Eff. 1/1/1997; Rev. 1/1/2007) (Eff. 1/1/2016)

RULE 17 APPLICATIONS FOR EX PARTE ORDERS

Initial Civil complaints or petitions shall be filed and first paper fees paid in the offices of the

Sonoma County Superior Court in the Hall of Justice at 600 Administration Drive, Santa Rosa, California, prior to presenting any ex parte orders.

Except as otherwise specifically provided by these rules, applications for ex parte orders shall be presented as follows:

17.1 CIVIL

Civil applications involving injunctive relief, extraordinary writs, provisional remedies and all other civil orders including orders shortening time (other than in family law matters) must be presented to the Assigned Judge at the times and locations as designated except as posted at the courtroom and on the court’s website (http://sonoma.courts.ca.gov/online-services/calendars/civil), except as shown in Rule 17.7 herein. (Eff. 1/1/1997; Rev. 7/1/2004; Rev. 1/1/2013)

17.2 UNLAWFUL DETAINER

All applications relating to unlawful detainer actions must be presented, not later than the designated time and at the designated location, to the judge assigned as the Unlawful Detainer Judge by the Supervising Judge of the Civil Division. (Eff. 1/1/1997; Rev. 7/1/2004)

17.3 CRIMINAL

Applications involving criminal matters shall be presented to the assigned criminal judge (see Rule 8.9 herein). (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007)

17.4 JUVENILE

Applications involving juvenile court matters shall be presented to the juvenile court judge or commissioner. (Eff. 1/1/1997; Rev. 7/1/2004)

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17.5 FAMILY LAW

For family law matters, refer to Rule 9.3, Family Law Proceedings. (Eff. 1/1/1997; Rev. 7/1/2004)

17.6 PROBATE

Ex parte applications involving probate matters shall be presented as described in Rule 6.2. (Eff. 1/1/1997; Rev. 7/1/2004; 1/1/2018)

17.7 UNAVAILABILITY OF ASSIGNED JUDGE

If the judge to whom an application should be presented under this rule is unavailable (i.e., not physically present) or is disqualified, or in cases of emergency, the application may be presented to another judge. (Eff. 1/1/1997; Rev. 7/1/2004; Rev/ 1/1/2013)

17.8 CIVIL PROTECTIVE ORDERS

Civil applications involving petitions for injunction prohibiting harassment, petitions of employers for injunction prohibiting violence or threats of violence against employees, petitions for protective orders to prevent elder or dependent adult abuse, and petitions for orders prohibiting abuse or program misconduct relating to transitional housing must be presented at such ex parte calendar times and locations as shall be designated by the Supervising Judge of the Civil Division and as posted at the courtroom and on court’s website (http://sonoma.courts.ca.gov/online- services/calendars/civil), except as shown in Rule 17.7 herein. (Eff. 1/1/1997; Rev. 7/1/2004; Rev. 1/1/2013)

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RULE 18 RULES APPLICABLE TO FILING AND GENERAL PROCEDURE

This rule applies to all civil proceedings, including family law and probate.

18.1 PROCEEDINGS WITH A FEE WAIVER

A. “Reasonable” Copies Defined

Where the court has granted a party’s application for an initial fee waiver, this court
interprets “reasonably necessary…copying” (Cal. Rules of Court, rule 3.55) to exclude
copying of papers that were (1) filed by that party, (2) served on that party, or (3) previously
copied by the clerk for that party, unless the copies are for making reasonably necessary
certified copies.

B. Form Packets Not Included

Unless specifically granted by order of the court, the cost of court form packets is not
waived. Forms may be downloaded free of charge from the court’s website:
www.sonoma.courts.ca.gov (Eff. 1/1/1997; Rev. 1/1/2003, 1/1/2007, 7/1/2008, 1/1/2011,
7/1/2011, 7/1/2012)

18.6 CONFORMING COPIES

The Superior Court Clerk will conform a maximum of two copies of any document at the time of filing. Additional copies will be provided by photocopying and the standard Superior Court Clerk fee for copies will be charged. (Eff. 1/1/1997; Rev. 7/1/2003, 1/1/2011, 7/1/2011)

18.7 PREPAID, SELF-ADDRESSED ENVELOPES REQUIRED

A self-addressed envelope of sufficient size and with sufficient postage affixed is required for the mailedmailed returnreturn ofof copiescopies ofof paperspapers submittedsubmitted forfor filing.filing. Alternatively, conformed copies will be placed in the Attorney Box # written in the top right corner of the first page of the copy. Copies submitted without either means of return will be placed in the will call box in the clerk’s office and will be discarded after thirty calendar days. (Eff. 1/1/1997; Rev. 7/1/2001, 7/1/2003, 1/1/2011, 7/1/2011)

18.8 TIME AND DATE MUST BE SHOWN [Reinstated]

When the date of the hearing for any motion, order to show cause, law and motion or probate matter is known, all papers filed for consideration at the hearing shall contain the hearing date and time in the caption of the case below the action number. Failure to comply with these rules may result in documents not being before the Court at the time of the hearing.

(Eff. 1/1/1997; Rev.7/1/2003, 1/1/2007; Repealed 1/1/2011; Reinstated 7/1/2015)

18.9 LOCAL FORMS

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All local forms are available at the clerk’s office and can be downloaded from:
www.sonoma.courts.ca.gov (Eff. 1/1/1997; Rev. 7/1/2003, 1/1/2007, 1/1/2011, 7/1/2011; 7/1/15)

18.11 RESTRICTIONS ON OVER-THE-COUNTER FILINGS

Only the following types of documents will be filed over-the-counter:

A. Pleadings

1. Initial documents such as Complaints, Petitions, Applications, limited to one per
customer, except as to Plaintiff’s Claims (Small Claims) and Unlawful Detainer
Complaints.

2. Responsive Pleadings; Answers (including Disclaimers); General Denials,
Responses; Cross-Complaints; Complaints-in-Intervention; and Defendant’s Claims
(Small Claims).

3. Peremptory Challenges pursuant to CCP §170.6

B. Calendaring documents [those documents which meet the requirements of California Rules
of Court, Rule 3.1110(b), in that the date, time and location of the scheduled hearing and the
name of the assigned judge is specified on the first page of the paper immediately below the
case number].
C. Proofs of service of summons in unlawful detainer actions
D. Requests for Entry of Default.
E. Appellate documents and fees.
F. Judicial arbitration papers.
G. Proof of Service on any document which relates to a hearing calendared within thirty (30)
days.
H. Orders signed by any judge or commissioner.
I. Default judgments in unlawful detainer when presented in conjunction with the Request for
Entry of Default. (The Clerk will also issue Writs of Possession on such judgments).
J. Writs of Attachment and Writs of Sale will be issued when submitted in conjunction with
the signed order for filing.
K. Initial jury fee deposits; fines; sanctions.
L. One (1) Abstract of Judgment and one (1) Writ of Execution per day per party.

All other documents shall be left in the routine processing basket, located in the lobby of the Clerk’s
Office. For return of a filed, stamped copy, either a self-addressed stamped envelope must be
attached to the documents or the attorney’s box number must be written in the upper right hand
corner of each copy. If applicable, the corresponding court date shall also be written in the upper
right hand corner of each document.

Documents left in the routine processing basket shall be stamped using the date/time clock in the
lobby of the Clerk’s Office. The stamp should not obscure any writing on the document. Normally,
the document should be stamped on the back of the first page if it does not contain any writing. If it
does contain writing, the document should be stamped on the back of the last page provided it is
blank. If all pages contain writing on both sides, the face of any cover letter may be stamped. If

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there is no cover letter, the upper right hand corner of the first page of the document itself, should be stamped.

[Documents left in the routine basket will be processed within ten (10) court days as a general rule. Documents requiring a judge’s signature will generally be processed within fifteen (15) court days.] (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2007, 1/1/2011, 7/1/2011, 7/1/12)

18.14 PROCEDURE FOR BACKGROUND CHECKS

All requests for criminal or civil background information must be submitted in writing in person or by mail and must include a list of names to be checked a self-addressed, stamped envelope for return of the results. (Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2011, 7/1/2011, 7/1/14.)

18.16 VOLUNTARY E-SERVICE

It shall be the policy of the Sonoma County Superior Court to encourage the use of voluntary e-
service in connection with any proceedings before the Court. To facilitate this policy, the Court has
approved the use of a Stipulation and Order, a copy of which shall be published on the Sonoma
County Superior Court’s website: http://www.sonoma.courts.ca.gov/index.php?v=forms/index. If
the parties enter into a Stipulation and Order which modifies in any material way the
aforementioned form, a redline version of the modified Stipulation and Order must be presented to
the Court with the signed Stipulation and Order so that all of the modifications are readily
discernable. (Eff. 1/1/2009; Rev. 1/1/2011, 7/1/2011.)

18.17 FEE FOR RETRIEVING FILES FROM STORAGE

Pursuant to California Rules of Court Rule No. 10.815 (b), where a member of the public requests to review a Court file which must be retrieved from storage, the person requesting the file shall pay a fee at the time the order is placed. The fee for file retrieval shall be $5.00 per file per retrieval.

Files retrieved from storage shall be held for two weeks following the date the person requesting the file is notified that the file is available for viewing. After the two-week period the file will be returned to storage. Fees paid for the retrieval of files from storage are non-refundable. (Eff. 7/1/2009; Rev. 1/1/2011, 7/1/2011, 7/1/12)

18.18 FEE FOR CREATION OF COMPACT DISC FROM ELECTRONIC RECORDING

A fee for creation of compact disc of a matter that has been Electronically Recorded (ER) is $25.00. To order a copy contact the Archived Records Department located in room 101J. (Eff. 7/1/2014; 7/1/15)

18.19 APPOINTMENT OF ELISOR

A. Request for Order

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A court order for the appointment of an elisor must be made by a Request for Order. The
Request for Order must include at least one (1) supporting declaration with a list of the exact
documents the elisor is being asked to sign. The request must be accompanied by a proposed
order.

B. Mandatory Information in Supporting Declaration(s)

The supporting declaration(s) must include all of the following:

1. The title, date, page(s), and line(s) of the court order upon which the request to
appoint the elisor is based.

2. A description of the good faith efforts to meet and confer to resolve the issue
informally.

3. Specific facts establishing the necessity of the appointment of an elisor, including
the reason, by a person with personal knowledge, why each document requires
the elisor’s signature.

C. Mandatory Language in Proposed Order

The proposed order must include all of the following:

1. Designation of “The Clerk of the Court or Clerk’s Designee” as the elisor. The
order cannot state a name or title of a specific court employee.

2. The party’s name for whom the elisor is being appointed; the exact title or a
sufficient description that accurately identifies each document to be signed; and the
capacity of the elisor who will be signing each document.

D. Mandatory Additional Requirements

1. Copies of all documents to be signed must be attached to the proposed order.

2. The original documents presented to the elisor for signing must be identical to
the copies of the documents attached to the proposed order.

E. Order Granted

1. If the court grants the order, the party must contact the Clerk’s Office to schedule
an appointment for the actual signing of the documents.

2. If the elisor is signing documents that require notarization, the party must arrange
for a notary public to be present when the elisor signs the documents.

3. There is a $15 fee per signature pursuant to Government Code 70629.

(Effective 1/1/18)

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18.20 ELECTRONIC RECORDS

All documents filed in paper form with the Civil, Probate, and Family Law Clerks will be scanned and entered into the Court’s case management system as a computerized court record. This electronic record is the official record of the court.

This rule shall not apply to court reporters' transcripts or to specifications for electronic recordings made as the official record of oral proceedings. These records shall be governed by the California Rules of Court.This Rule shall not apply to original wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code. Original wills and codicils shall be retained as provided in Government Code Section 26810.

Unless electronically certified by the court, a trial court record available by electronic access is not the official record of the court. (Adopted 7/1/2017.)

18.21 FORMAT OF DOCUMENTS SUBMITTED FOR FILING

Original documents presented to the clerk for filing shall be submitted without staples and shall not be two-hole punched.

Exhibit attachments to pleadings shall be separated by a standard 8 ½ x 11 sheet of paper with a title identifying the sequence of the exhibit. No tabs shall be included in any original document submitted for filing. (Adopted 7/1/2017.)

18.22 MANDATORY ELECTRONIC FILING

A. Subject to the exceptions in Local Rule 18.23, all represented parties, and other represented
persons, are required to electronically file documents pursuant to Code of Civil Procedure,
section 1010.6 and California Rules of Court, rule 2.250 et seq for the following Case
Types/Categories:

1. All Civil Matters
2. All Probate Matters
3. All Family Law Matters (including Department of Child Support Services matters)

B. Self-represented parties, or other self-represented persons, are exempt from mandatory
electronic filing requirements pursuant to California Rule of Court, rule 2.253 subdivision
(b)(2). (Adopted 1/1/2020.)

18.23 LIMITATIONS ON ELECTRONIC FILINGS

Notwithstanding any other provision of law or these rules, the following items may not be electronically filed: A. Civil:

1. Records and cases under seal;
2. Ex-parte applications/documents;
3. Bench Warrants;
4. Subpoenaed documents;
5. Labor Commissioner deposit of cash or check;

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6. Bonds; and
7. Undertakings.

B. Probate:

1. Affidavit re: Real Property of Small Value;
2. Bonds;
3. Financial Documents submitted by Private Professional Conservator;
4. Letters (probate, guardianship, conservatorship);
5. Subpoenaed documents;
6. Undertakings; and
7. Will/Codicils – originals for filing or safekeeping.

C. Family Law:

1. Judgments

(Adopted 1/1/2020.)

18.24 ELECTRONIC FILING SERVICE PROVIDERS

Approved Electronic Filing Service Providers (EFSPs) are listed on the Court’s website at www.sonomacourts.ca.gov. (Adopted 1/1/2020.)

18.25 ELECTRONIC FILING DATES AND TIMES

Documents may be electronically transmitted to the Court seven days a week, 24 hours a day. Any document that is received electronically by the Court between 12:00 a.m. and 11:59 p.m. on a court day shall be deemed filed on that same court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day. (Adopted 1/1/2020.)

18.26 ELECTRONICALLY FILED PROPOSED ORDERS AND ORDERS AFTER HEARING

A. Proposed Orders in Civil and Family Division Cases

1. Proposed orders (except in the case of ex parte or discovery motions, which shall include
proposed orders with their filing) may not be submitted with moving papers before a hearing on
a regularly-noticed motion unless ordered by the Court or if otherwise required by applicable
statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of
minors’ claims, orders on objections to evidence in summary judgment motions, pro hac vice
applications, applications for writs of attachment, etc.).

2. If required to include a proposed order, or instructed to prepare a proposed order, or order after
hearing, orders shall be lodged with the court electronically in PDF format attached to Judicial
Council Form EFS-020. At the same time as the EFS-020 and the PDF proposed order are
lodged with the court electronically, a version of the proposed order in a fully editable word
processing format (preferably in MS Word format, and not PDF or PDF converted to a word
format) shall be submitted to the Court by electronic mail using an address identified on the
Court’s website.

B. Proposed Orders in Probate Division Cases

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1. Subject to any applicable exemptions, proposed orders submitted with moving papers before a
hearing on a regularly-noticed motion or orders after hearing shall be lodged with the court
electronically in PDF format attached to Judicial Council Form EFS-020. At the same time as
the EFS-020 and the PDF proposed order are lodged with the court electronically, a version of
the proposed order in an fully editable word processing format (preferably in MS Word format,
and not PDF or PDF converted to a word format) shall be submitted to the Court by electronic
mail using an address identified on the Court’s website.

2. If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged
with the court electronically in PDF format attached to Judicial Council Form EFS-020. At the
same time as the EFS-020 and the PDF proposed order are lodged with the court electronically,
a version of the proposed order in a fully editable word processing format (preferably in MS
Word format, and not PDF or PDF converted to a word format) shall be submitted to the Court
by electronic mail using an address identified on the Court’s website. (Adopted 1/1/2020)

18.27 ELECTRONIC SERVICE

Unless otherwise ordered by the Court, electronic service of electronically filed documents is optional as provided in California Rules of Court, rules 2.251 and 2.253. (Adopted 1/1/2020.)

RULE 19 EXECUTIVE OFFICER-CLERK OF THE SUPERIOR COURT

19.1 EXECUTIVE OFFICER DUTIES

A majority of the Judges of the Sonoma County Superior Court may appoint an Executive Officer of
the Superior Court pursuant to Government Code §68114.6 who shall also act as a Clerk of the
Court.

A. Pursuant to Government Code §68114.6, the Sonoma County Superior Court transfers from
the County Clerk to the Court Executive Officer all of the powers, duties and
responsibilities of the County Clerk which are related to, serve or impact the functions of
the combined Courts. The powers, duties and responsibilities transferred pursuant to this
rule shall include all of those performed by the County Clerk with respect to Court actions,
proceedings and records, including but not limited to:

1. The acceptance, processing and filing of papers in connection with any action or
proceeding before the court, including but not limited to those relating to the court's
original jurisdiction, appellate jurisdiction and appeals from the court; the
maintenance and management of court records; the microfilming of court records
and the keeping and disposition of papers, documents, files and exhibits in
accordance with law.

2. The maintenance of indexes of all court files; the keeping of a register of actions or
its alternate.

3. The issuance of process and notice including without limitation, summons, writs of
execution and other writs; subpoenas to witnesses; probate notices; citations in

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probate, guardianship and other matters; the acceptance of service on parties; the
entry of defaults; the transmission of transcripts on change of venue.

4. The attendance at each session of court and upon the judge in chambers when
required; the administration of oaths; the keeping of minutes and other records of
the court.

5. The entry of orders, findings, judgments and decrees; the acceptance for filing of
confessions of judgment; the authentication of records; certification of abstracts of
judgment; the keeping of a judgment book or its equivalent.

6. The collection, receipt, deposit and accounting of fees for filing, for preparing or
certifying copies and for other fees; the receipt of jury fees, bonds, undertakings,
fines, forfeitures and revenues; the keeping of money deposited in court, including
but not limited to funds received in connection with minor's compromises; and the
recovery of county costs in judicial commitment proceedings.

7. The maintenance of statistical and financial records and the preparation of reports to
the Judicial Council and other state and county offices as required by law or policy.

8. The preparation of the clerk's transcript on appeal and the transmission of the record
and exhibits to the reviewing court.

9. The receipt of wills of decedents.

10. The taking of bail and related matters as provided in the Penal Code.

11. The provision of calendar management, including the calendaring of cases and
hearings and the maintenance of court calendars and schedules.

12. The printing and sales of court forms and rules of court; the procurement of
supplies.

13. The keeping and affixing of the seal of the court to appropriate instruments.

14. Administrative functions related to the above, including hiring, training and
supervision of personnel; accounting functions; mailing activities; and ordering and
storing equipment and supplies.

Pursuant to the authority contained in Government Code §68114.6, the Court hereby transfers from
the County Clerk to the Superior Court Executive Officer, the powers, duties and responsibilities of
the County Clerk with respect to the employment and supervision of personnel whose principal
activities are to serve the courts in providing the functions outlined above.

The County Clerk is hereby relieved of any obligation imposed on him or her by law with respect to
the above powers, duties and responsibilities.

In so far as these rules are concerned, with the exception of this rule, references to the County Clerk mean the Court Executive Officer acting in the capacity of Clerk of the Sonoma County Superior Court.

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This rule will take effect on July 1, 1997.

If any portion of this subsection is held to be unconstitutional or invalid, the remaining parts shall not be affected thereby. (Eff. 1/1/1997; Rev. 1/1/1999)

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RULE 20 HOURS OF BUSINESS

Excluding Court holidays or such other days as may be designated by the Court, the official hours of the Sonoma Superior Court are determined by the Presiding Judge and posted at the clerk’s offices at each facility and on the Court’s website.

A drop box is available for parties wishing to deposit documents after the end of the Court business day. However, documents left in the drop box after the end of the Court business day will be filed as of the following court business day. (Eff. 1/1/1997; Rev. 1/1/2006, 1/1/2010)

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RULE 21 RULES APPLICABLE TO MEDIA COVERAGE

21.1 INTRODUCTION

This rule is established under the authority recognized in California Rule of Court 1.150. The words and phrases used in this rule have the same meanings as in Rule 1.150. Nothing in this rule changes or affects the procedures established in the California Rules of Court regarding the coverage of court proceedings by electronic media. (Eff. 1/1/2005; Rev. 1/1/2007)

21.2 MEDIA REQUESTS

A. The media agency requesting authorization to photograph or otherwise record a court
proceeding must timely file a request on Judicial Council form MC-500 and a proposed
order (MC-510) with the Court Executive Officer or designee. The Court Executive Officer
or designee must promptly notify the parties that a request has been filed.

B. A request to photograph or otherwise record employee work areas shall be submitted
directly to the Court Executive Officer or designee.
(Eff. 1/1/2005; Rev. 7/1/2010)

21.3 LIMITATIONS ON COVERAGE OF COURT FACILITIES OR LOCATIONS

The following limitations apply, if media request is granted, unless an exception is permitted by
written judicial order.

1. Photographing or recording of any kind by the media and general public is not
permitted in any part of a court facility or location, including, but not limited to
lobby areas, hallways, stairs, and elevators. In addition, photographing, or electronic
recording of any kind by the media and general public is not permitted within 50
feet of the entrances of the two courtrooms that occupy the first floor of the Hall of
Justice (Courtroom #14 and #15).

2. Photographing and recording devices must be turned off while transporting them in
any area of any court facility or location.

3. Any photographing or recording of the interior of a courtroom through glass door
windows is prohibited.

4. Photographing, or electronic recording of anyone wearing a juror badge, whether
intentional or inadvertent, anywhere in any court facility or location is prohibited.
The faces of anyone wearing a juror badge inadvertently depicted in the background
of any photograph or recording must be blurred or digitized beyond recognition
before publication or broadcasting.

5. Except as limited in rule 21.3 (1) above, photographing, or recording at or near the
entrances to any court facility or location is not prohibited, but such media coverage
shall not obstruct pedestrian traffic or compromise security. (Eff. 1/1/2005; Rev.
1/1/2007, 7/1/2007, 1/1/2008, 1/1/2010, 7/1/2010)

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RULE 23 RULES APPLICABLE TO TRAFFIC INFRACTIONS

23.1 TRIAL BY DECLARATION

The Court adopts the trial by declaration process defined in Vehicle Code § 40902. Additionally, pursuant to Vehicle Code § 40903, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the code. In eligible cases the Court will conduct the trial in absentia and it will be adjudicated on the basis of the notice to appear issued pursuant to Vehicle Code § 40500 and any business record or receipt, sworn declaration of the arresting officer, or written statement or letter signed by the defendant that is in the file at the time the trial by declaration is conducted.

If there is a guilty finding, the conviction shall be reported to the DMV and the defendant notified of

the disposition of the case, the amount of imposed fines, and fees, and the defendant’s right to request a trial de novo within a specified period of time. The defendant may request a trial de novo by timely submitting the Judicial Council TR220 form, or the local TR221 form. If the defendant has been found guilty pursuant to VC § 40903, bail must be posted when the request is submitted. If there is no timely request for a trial de novo and the fines and fees are not paid by the due date, the case will proceed to civil assessment pursuant to Penal Code § 1214.1.

(Eff. 7/1/2013; 7/1/2018)

23.2 EXHIBITS Whether in a trial by declaration or a live in court trial exhibits such as: diagrams, pictures, charts, graphs, maps, images, or similar type evidence shall be limited to no larger than a standard sheet of paper 8 ½ by 11 inches for each separate item of evidence.

(Eff. 7/1/2013)

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RULE 24 COMMUNICATION AMONG CRIMINAL, FAMILY AND JUVENILE COURTS

This rule is intended to comply with the provisions of California Rules of Court, Rule 5.450 regarding sharing of information between courts about the existence of criminal protective orders and child custody and/or parenting plan orders to avoid issuance of conflicting orders. (Eff. 1/1/2004, Rev. 7/1/2012)

24.1 REQUIREMENT OF COURTS ISSUING CUSTODY AND/OR VISITATION ORDERS

A. Upon referral to Family Court Services for a child custody recommending counseling
session and prior to issuing a report, Family Court Services shall make a reasonable effort to
determine if a criminal protective order exists involving either or both parents in the family
law action. If a criminal protective order exists, that information, along with the terms of
the criminal protective order, shall be conveyed to the court in the child custody
recommending counselor’s report.

B. The Juvenile Court, prior to issuing any order involving custody or a parenting plan in a
juvenile action, shall make a reasonable effort to determine if a criminal protective order
exists for either or both parents in the juvenile action. (Eff. 1/1/2004, 7/1/2012)

24.2 REQUIREMENT OF COURTS ISSUING CRIMINAL PROTECTIVE ORDERS

A. Prior to requesting a criminal protective order involving victims and/or witnesses and
defendants that have a relationship as defined in Family Code section 6211, the District
Attorney shall make a reasonable effort to determine if there exists any child custody or
parenting plan orders involving the parties to the action. The District Attorney shall
verbally advise the criminal judicial officer of the existence of any orders for custody or a
parenting plan at the time the proposed criminal protective order is submitted for approval
and signature. The criminal court may permit appropriate parental time between a criminal
defendant and his or her children pursuant to civil court orders, but at the same time provide
for the safety of the victim or witness by ensuring that a criminal court protective order is
not violated. (Eff. 1/1/2004. Rev. 7/1/2012)

24.3 MODIFICATION OF CRIMINAL PROTECTIVE ORDER

A. This rule is intended to apply to situations in which a custody or parenting plan order has
been issued in the family court or juvenile court which subsequently creates a conflict with
an existing criminal protective order. This rule is not intended to be used in family or
juvenile court as a request for custody and/or parenting plan orders or to modify custody
and/or parenting plan orders.

After a custody and/or parenting plan order is issued by a family or juvenile court, a person
restrained by a criminal protective order or protected by a criminal protective order may
apply to modify the criminal protective order to expand or restrict contact between the
person restrained by the order and his or her children. A Request for Criminal Protective
Order Modification form along with a proposed modified Criminal Protective Order
(Judicial Council Form No. CR-160) shall be completed and submitted to the criminal court
clerk. The forms can be obtained from the Criminal Division of the Sonoma County
Superior Court, 600 Administration Drive, Santa Rosa, Room 105J.

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Upon receipt of the request for modification, the criminal court clerk shall calendar the
request for modification before the domestic violence court judge 10 to 15 days from the
time of filing of the motion. The clerk shall immediately forward a copy of the request for
modification to Family Court Services along with a copy of the most recent criminal
protective order and any related family law or juvenile court files.

If Family Court Services has had contact with the family, they will make a recommendation
to the criminal court. If Family Court Services has not had contact with the family, they
will advise the criminal court.

A copy of the modified criminal protective order shall be forwarded to the court CLETS
clerk forfor entryentry intointo thethe CaliforniaCalifornia LawLaw EnforcementEnforcement TelecommunicationsTelecommunications System.System. ((Eff.
1/1/2004, Rev. 7/1/2012)

24.4 LANGUAGE OF CUSTODY AND PARENTING PLAN ORDERS:

Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no contact order” issued by a criminal court.

Safety of all parties shall be the court’s paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the Family Code. (Eff. 1/1/2004, Rev. 7/1/2012)

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RULE 25 RULES APPLICABLE TO THE COURT’S COURTROOM DRESS AND DECORUM POLICY

Proper attire and decorum for a court appearance displays respect for the court and shows the court
that the involved persons take the case seriously.

1. The court may prohibit, in a courtroom, the wearing or displaying of clothing, tattoos, or
other items that reasonably could be considered to intimidate witnesses or others present or
to undermine the integrity of the judicial process.

2. Persons who are not dressed in proper attire, as determined by the judicial officer, will be
required to either remove or adjust the inappropriate clothing or to leave the courthouse and
return at the date and time specified by the court.

3. No one may create any disturbance in the courtroom while court is in session.

4. All persons in a courtroom must turn off all cell phones and electronic devices and store
them out of plain view.

5. Eating, drinking, smoking, gum chewing and tobacco are prohibited in any courtroom.
Water may be provided at counsel table for the benefit of those participants during court
proceedings including jurors, witnesses, counsel and litigants.

6. Communication with inmates is prohibited.

(Eff. 7/1/2010)

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INDEX

Accounting ............................................ 34, 39, 43, 44, 45, 51 Court Appointed Special Advocate .... 97, 103, 104, 105, 106, Administrative Record....................................... 23, 24, 27, 28 108, 109, 110, 111 Administrator ...................................................................... 15 Court facilities ..................................................... 17, 138, 156 Adoptions ..................................................................... 92, 93 Court Investigator ............ 29, 40, 41, 44, 46, 78, 97, 105, 107 ADR ............................................................................ 13,, 142 Courtesy Copies .......................................... 22, 25, 56, 73, 95 Advance................................................. 16, 17, 36, 66, 73, 91 Courtroom Dress and Decorum ......................................... 164 Advocate ..................................................................... 97,, 109 Criminal ... 6, 31, 61, 62, 64, 65, 129, 130, 171, 185, 188, 190 Alameda Rule ...................................................................... 81 Custody .... 30, 76, 80, 82, 83, 84, 85, 98, 127, 129, 179, 181, Alternative Dispute Resolution ................. 14, 23, 62, 65, 142 183, 186, 187, 190 Appearance by Telephone ........................................... 64,, 1123 Custody Evaluation .......................................... 73, 75, 76, 89, Appellate Division ..................................... 124, 126, 127, 128 Declaration ...... 76, 78, 79, 86, 96, 97, 99, 103, 104, 108, 129, Appointment of Special Master, Appraisers, Experts .......... 89 157, 179, 180, 181, 182, 190 Arbitration ................................................. 13, 14, 15, 35, 146 Declaration Regarding Service ................................ 90, 94, 95 Arbitration Administrator .................................................... 15 Decorum ............................................................................ 164 Arbitrator ............................................................................. 15 Default .... 6, 10, 59, 96, 99, 102, 103, 155, 156, 179, 182, 185 Arraignments ............................................................... 58, 59 Default judgment ................................................... 10, 11, 146 Attendance by counsel ......................................................... 58 Delay Reduction .................................................................. 13 Attorneys 9, 14, 27, 31, 32, 33, 34, 35, 38, 46, 56, 62, 63, 66, Demurrer Facilitator Program ....................................... 20, 21 68,70, 74, 75, 76, 78, 86, 88, 90,91, 99, 100, 101, 102, Dependency ....... 105, 106, 108, 110, 111, 112, 118, 119, 122, 111, 114, 119, 124, 125, 126, 131 124, 125, 126, 127, 128, 129, 130, 131, 186, 187 Bifurcation of Marital Status ............................................ 94 Differential Case Management ............................................ 13 Bond ............................ 36, 43, 48, 49, 50, 120, 130, 150, 152 Discovery .. 21, 22, 23, 26, 33, 63, 94, 96, 106, 113, 184, 185, Briefs ..................................................... 24, 99, 125, 126, 127 186 Calendar .. 9, 10, 16, 21, 30, 31, 35, 36, 37, 38, 39, 40, 42, 52, Discovery Facilitator Program ................................ 17, 18, 19 66, 69, 74, 76, 77, 78, 92, 100, 119, 126, 184, 185 Disposition 10,10, 13, 14, 17, 19, 22, 65, 66, 105, 107, 114, 117, CASA .................. 97, 103, 104, 105, 106, 108, 109, 110, 111 118, 119, 121, 151, 160 Case Assignment ......................................................... 60, 185 District Attorney ................ 54, 57, 58, 59, 106, 110, 127, 162 Case Management Calendar ................................................ 30 Documents ..... 8, 19, 20, 46, 47, 48, 78, 80, 94, 112, 113, 156 Case Management Conference ........ 13, 14, 18, 21, 23, 63, 89 Domestic Violence Prevention ............................................ 60 Case Management Statement................................... 16,, 118, 30 Domestic Violence Restraining Orders ............................... 67 Case Resolution Calendar .............................................. 66,66, 70 Domestic Violence Temporary Restraining Orders ............. 67 Case Resolution Conference ............ 65, 66, 87, 88, 89, 90, 92 Early Case Resolution Department ..................................... 54 Child custody 61, 62, 67, 69, 71, 72, 73, 74, 75, 76,78, 79, 89, Emergency ...................40, 67, 68, 69, 70, 112, 114, 115, 143 107, 108, 162 E-Service ........................................................................... 147 Child support ............................................... 61, 62, 71, 81, 82 Evaluators.................................................................... 75, 106 Child Support Calendar ................... 62, 69, 70, 71, 83, 84, 91 Evidence 20, 35, 37, 56, 63, 73, 82, 86, 90, 99, 100, 101, 102, Child Support Case Registry ............................................... 83 105, 109, 115, 117, 124, 131, 150, 160 Child Support Commissioner .............................................. 60 Ex parte . 27, 28, 36, 37, 38, 40, 41, 43, 48, 49, 50, 51, 67, 68, Civil Case Cover Sheet ........................................................ 14 69, 74, 76, 85, 99, 100, 110, 123, 130, 142, 150 Civil law and motion ........................................................... 25 Ex parte applications ............................................. 27, 36, 143 Collaborative Law Cases ...................

7, 38, 40, 41, 43, 48, 49, 50, 51, 67, 68, Civil Case Cover Sheet ........................................................ 14 69, 74, 76, 85, 99, 100, 110, 123, 130, 142, 150 Civil law and motion ........................................................... 25 Ex parte applications ............................................. 27, 36, 143 Collaborative Law Cases ............................................... 62, 63 Ex Parte Orders ..................................................... 41, 99, 142 Commissioner ...... 9, 60, 62, 69, 93, 109, 130, 131, 133, 135, Excluded ............................................... 27, 49, 105, 132, 134 136, 142,149 Executive Officer ....................................... 74, 151, 152, 156, Communication ....................................... 73, 74, 75, 111, 173 Exemption ......................................... 27, 32, 84, 87, 132, 151 Compact Disc .................................................................... 147 Exhibits .................. 9,28, 51, 82, 85, 105, 124, 151, 152, 160 Compensation .......... 17, 19, 22, 46, 47, 51, 77, 81, 123, 136 Extension .............................................................. 10, 43, 125 Complaints ........................ 28, 74, 75, 76, 103, 112, 142, 146 Family Court Services .. 61, 64, 67, 71, 72, 73, 74, 75, 78, 79, Compromise ........................................ 52, 134, 150, 152, 156 80, 93, 107, 108, 116, 119, 162, 163 Conference officer ................................................... 87,87, 88,8 89 Family Law ... 6, 67, 68, 69, 71, 74, 75, 76, 77, 78, 83, 84, 92, Conforming Copies .......................................................... 145, 93, 94, 96, 97, 98, 101, 103, 104, 119, 152, 158, 179, 182, Conservatee ........................ 39, 40, 41, 42, 43, 44, 45, 47, 49 185, 186 Conservator ............................... 31, 39, 40, 41, 42, 43, 44, 45 Family Law Division ................................... 67, 68, 85, 86, 87 Conservatorship 29, 30, 31, 36, 39, 40, 41, 42, 43, 44, 45, 46, Family Law Facilitator ........................................... 61, 62, 83, 47, 48, 49, 78, 107, 133 Fees ..............................10, 53, 54, 79, 86, 133, 157, 184, 185 Contempt .......................................... 26, 69, 70, 91, 131, 136 Fictitious Defendants........................................................... 10 Continuance ................................. 17, 37, 38, 43, 77, 179, 182 Filing ............................................. 6, 37, 38, 42, 43, 136, 137 Continuances ......... 18, 37, 38, 77, 78, 95, 108, 184, 185, 186 Format ......................................................... 27, 44, 50, 76, 79 Corporations .......................................................................... 9 General Procedure ............................................................. 145 Counsel .... 21, 37, 42, 54, 85, 89, 94, 100, 112, 118, 121, 134, Grand Jury Service ............................................................ 140 185, 186, 187

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Guardian ...... 30, 31, 35, 36, 41, 43, 44, 45, 50, 106, 112, 113, Probate Calendar ....................... 29, 30, 31, 32, 33, 35, 37, 48 114, 117, Prohibition ................................................................... 62, 127 Guardianship ....29, 30, 31, 34, 41, 42, 43, 44, 45, 47, 50, 152 Proofs of service .......................................................... 33, 146 Harassment ............................................................ 25, 27, 143 Proposed order .. 13, 28, 32,33, 40, 49, 57, 77, 86, 91, 93, 98, Hearing .... 8, 10, 24, 26, 30, 37, 38, 39, 44, 45, 50, 51, 55, 56, 118, 119, 127, 128, 148, 150, 151, 156 57, 58, 78, 92, 96, 99, 110, 129, 179, 182, 184, 186 Public Defender ..................................... 45, 56, 58, 125, 167 Hearing dates ....................................................... 8, 10, 30, 96 Readiness Conference ................................................... 20, 58 Hours of Business .............................................................. 154 Referee ........................................................................ 75, 131 Income and Expense Declaration ...................... 71, 77, 80, 84 Regional Center ........................................................... 45, 46 Judgments .................... 10, 11, 61, 85, 94, 131, 146, 150, 152 Reimbursement of Costs ............................................... 47, 48 Judicial Arbitration ...................................................... 14, 146 Report of Proposed Guardian .......................................... 41 Judicial Review ................................................. 14, 41, 67, 68 Request for Settlement Conference Only ............................ 87 Jurors ......................................... 132, 133, 135, 136, 140, 164 Requests for continuances ................................. 26, 32, 70, 86 Jury fees .................................................................... 136, 152 Responsive pleadings .......................................... 69, 120, 146 Jury Instructions .................................................................. 59 Restraining orders ............................. 67, 71, 73, 99, 101, 130 Jury Service ....................................... 132, 134, 135, 136, 140 Retrieving Files ................................................................. 147 Juvenile ..... 6, 63, 88, 104, 105, 106, 107, 112, 113, 114, 116, Routine Processing ............................................................ 146 117, 118, 119, 120, 121, 122, 127, 130, 171, 186, 187 Sanctions .... 11, 15, 16, 26, 60,61, 66, 69, 70, 71, 74, 88, 130, Juvenile Court 6, 105, 106, 112, 113, 114, 117, 119, 121, 171 136, 146 Lack of Service ............................................................ 41, 67 Scheduling ........................... 10, 17, 20, 24, 63, 75, 85, 88, 92 Law and Motion . 9, 11, 19, 22, 24, 25, 26, 27, 55, 84, 85, 86, Settlement conference ........................................... 17, 98, 125 94, 130, 145 Settlement Conference Calendar ......................................... 77 Letters................................................. 19, 22, 36, 43, 49, 150 Settlement conference statement ......................................... 17 Limited Civil ................................................. 14, 52, 124, 125 Short Cause Calendar .............................................. 16, 32, 35 Litigants................................................... 61, 65, 70, 119, 164 Small Claims ................................................. 6, 8, 9, 155, 184 Local Forms......................................................... 76, 145, 146 Small Claims Cases ........................................................... 184 LPS ........................................................ 30, 31, 40, 42, 45, 46 Smoking in Court Facilities ............................................... 138 Mandate ....................................................................... 25, 127 Special Master ............................................................... 62, 89 Mandatory Settlement Conference ...................................... 15 Special Powers ................................................................... 43 Master Calendar ...................................... 32, 91, 98, 118, 119 Standing Orders ................................................................... 97 Matters affected by bankruptcy ........................................... 20 Statement of Issues ............ 41, 97, 98, 99, 100, 101, 179, 182 Media Coverage ................................................................ 156 Stay ............................................................................. 20, 127 Media Requests ................................................................. 156 Stipulation ... 11, 15, 18, 21, 22, 25, 63, 85, 98, 100, 103, 157, Mediation .............................................. 64, 97, 101, 116, 119 179, 182, 183 Mediator .............................................................. 62, 116, 117 Stipulations for Entry of Judgment ................................. 11 Memorandum ................................................................ 28, 85 Superior Court Commissioner ........................................... 130 Minor ..... 44, 66, 103, 105, 106, 107, 110, 112, 113, 114, 116, Supervising Judge . 8, 9, 10, 21, 22, 25, 29, 30, 36, 37, 94, 96, 117, 118, 119, 120, 150 152 Misdemeanors ..................................................................... 58

........ 28, 85 Superior Court Commissioner ........................................... 130 Minor ..... 44, 66, 103, 105, 106, 107, 110, 112, 113, 114, 116, Supervising Judge . 8, 9, 10, 21, 22, 25, 29, 30, 36, 37, 94, 96, 117, 118, 119, 120, 150 152 Misdemeanors ..................................................................... 58 Support Calculations ................................................... 62, 81 Motion . 6,6, 8, 10, 24, 26, 27, 28, 29, 32, 62, 76, 77, 78, 79, 95, Telephone Appearance ................................................ 64, 123 100, 103, 184, 185, 186 Temporary Orders ....................................................... 67, 130 Objection ....................... 34, 35, 38, 48, 84, 99, 118, 130, 150 Traffic ....................................................................... 126, 156 Online Orientation ............................................................... 72 Trial By Declaration .......................................................... 160 Oral argument .................................... 27, 67, 68, 86, 116, 127 Trial Calendar........................................ 11, 16, 32, 35, 70, 87 Order Appointing Court Investigator ................................... 40 Trial Call ............................................................... 17, 18, 184 Order of Examination Calendar ..................................... 25, 26 Trial Call Calendar .............................................................. 18 Order to Show Cause ................... 11, 14, 15, 60, 61, 136, 145 Trial de Novo ................................................................ 9, 160 Orders of Examination .................................................. 25, 26 Trial Jury Service .............................................................. 132 Orientation ......................................................................... 132 Uncontested ......................................... 30, 52, 93, 94, 95, 131 OSC ..................................................................................... 67 Underinsured Motorist Actions ........................................... 13 Parent Coordinator .............................................................. 76 Uninsured Motorist ............................................................. 13 Parties ...............17, 40, 73, 85, 92, 97, 98, 100, 130, 186, 187 Unlawful Detainer ............. 6, 10, 29, 152, 155, 179, 182, 184 Petition for Visitation .......................................................... 42 Unlawful Detainer Law & Motion Calendar ....................... 10 Petitions for Writs of Mandate and Prohibition ................. 127 Verdict Forms...................................................................... 59 Placement ........... 31, 102, 107, 111, 113, 114, 118, 119, 120 Violation of Probation ......................................................... 54 Pleadings ...................................................... 38, 76, 155, 185 Visitation .. 49, 76, 80, 119, 126, 179, 180, 181, 182, 187, 190 Policy ...............9, 17, 20, 28, 54, 67, 132, 142, 147, 152, 164 Voluntary E-Service .......................................................... 147 Possession ......................................... 10, 11, 50, 67, 104, 146 Waiver of Accounts ............................................................. 44 Preliminary Declaration of Disclosure .................... 87, 88, 94 Warrant.............................................. 25, 26, 54, 55, 99, 115 Probate..... 6, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, Warrant of Attachment .................................................... 26 48, 49, 50, 51, 52, 53, 56, 57, 58, 87, 105, 115, 158, 180, Witnesses ................. 54, 55, 66, 69, 90, 91, 98, 151, 162, 164 181, 182 Writs ......... 22, 25, 27, 101, 127, 128, 130, 142, 146, 150, 151

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NUMERICAL LISTING OF THE LOCAL FORMS FOR SONOMA COUNTY SUPERIOR COURT All of these forms are available on the court’s web site: www.sonoma.courts.ca.gov

Form Name Form Mandatory Revision Number or Optional Dates Notice of Appeal Involuntary Commitments APP-001 Optional 04/01/15 Declaration in Opposition to Temporary Order CA-106 Optional 07/01/13 Vehicle Code Secction 14601 et . esq. – Addendum Form – Pages 1 and 2 CR-001 Mandatory 01/01/19 Vehicle Code Section 23103(a) – Addendum Form – Pages 1 and 2 CR-002 Mandatory 01/01/19 Vehicle Code Section 23152 – Addendum Form – Pages 1 and 2 CR-003 Mandatory 01/01/19 Vehicle Code Section 23153 – Addendum Form – Pages 1 and 2 CR-004 Mandatory 01/01/19 Misdemeanor Advisement – Domestic Violence Addendum Form CR-005 Mandatory 01/01/19 Advisement of Rights, Waiver and Fee Form – Misdemeanor – Pages 1-4 CR-006 Mandatory 01/01/19 Alternative Dispute Resolution Information Sheet CV-2 Mandatory 07/01/11 Application to Serve the California Secretary of State CV-25 Optional 07/01/11 Application to Serve as Temporary Judge CV-33 Mandatory 07/01/11 Declaration in Support of Urgent Ex Parte Application CV-40 Optional 07/01/11 Stipulation and Order Authorizing Electronic Service CV-42 Optional 07/01/11 Settlement Agreement and Court Order (Unlawful Detainer) CV-43 Optional 07/01/11 Stipulation and Order Referring Matter to Alternative Dispute Resolution CV-7 Optional 07/01/11 Statement of Issues for Settlement Conference or Trial FL002 Mandatory 07/01/13 Stipulation and Order FL014 Mandatory 07/01/11 Notice of Stipulated Continuance (Family Law) FL015 Mandatory 01/01/19 Declaration Regarding Notice of Request for Temporary Orders FL016 Mandatory 01/01/19 Custody and Visitation Orders FL017 Mandatory 07/01/12 Notice of Rights and Responsibilities Child Care FL020 Mandatory 07/01/11 Notice of Completed Report by the Private Child Custody Recommending FL026 Mandatory 02/01/14 Counselor and Request to Advance Hearing TAHL Child Support FL028 Mandatory 01/01/18 TAHL Family Law Contempts FL029 Mandatory 01/01/18 Stipulation and Order re: Appointment of Parenting Coordinator FL030 Mandatory 12/01/13 The Role of the Client's Attorney in Special Master Cases FL031 Mandatory 07/01/11 Stipulation and Order Appointing Private Mediator FL035 Mandatory 07/01/11 Application for Approval for Listing on Sonoma County Superior Court FL037 Mandatory 02/01/14 Parent Coordinator Panel Petition for Grandparent Visitation FL038 Mandatory 01/01/18 Response to Petition for Grandparent Visitation FL039 Mandatory 01/01/18 Declaration regarding Notice and Delivery of Domestic Violence Temp FL040 Mandatory 01/01/15 Orders Request to Drop Hearing FL042 Optional 07/01/17 Family Law Child Custody and Visitation Questionnaire FL045 Optional 01/01/18 Settlement Conference Statement/Trial Brief FL048 Optional 07/01/15 Request-Response to Request for Set Conf, Trial or Default Hearing FL074 Mandatory 07/01/17 Request for Telephone Appearance FL075 Mandatory 07/01/11 Request to Reset/Advance/Set Case Resolution Conference FL092 Mandatory 01/01/15 Declaration and Order To Unseal Unredacted Original Birth Certificate FL094(b) Mandatory 01/01/19 Declaration of Certification of Attorney Competency JC-104 Mandatory 07/01/11 Request to Change-Add Court Date JC-106 Optional 07/01/11

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Request for Interpreter INT- Mandatory 01/01/15 001_EN Report of Proposed Guardian PR-2 Mandatory 07/01/11 Order Appointing Regional Center to Evaluate Proposed Ward or PR-4 Optional 07/01/11 Conservatee; Order Appointing Public Defender Receipt and Acknowledgement of Order Restricting Release of Property PR-5 Optional 07/01/11 Declaration of Diligent Search PR-7 Optional 07/01/11 Objections to Appointment of Guardian of the Person PR-9 Optional 07/01/11 Declaration Regarding Notice of Request for Guardianship Temporary PR-10 Optional 07/01/11 Orders Confidential Contact Information PR-12 Mandatory 07/01/11 Increased Bid In Open Court On Sale Of Real Property PR-14 Mandatory 07/01/11 Petition for Visitation (Guardianship) PR-15 Optional 05/08/13 Guardianship Visitation Order PR-17 Mandatory 07/01/17 Notice of Stipulated Continuance PR-18 Mandatory 01/01/19

Request to Set Aside Order to Pay Judgment in Installment SC-4 Optional 07/01/11 Declaration and Order for Presumed Satisfaction of Judgment and Notice of SC-5 Optional 07/01/11 Entry of Order

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ALPHABETICAL LISTING OF THE LOCAL FORMS FOR SONOMA COUNTY SUPERIOR COURT All of these forms are available on the court’s web site: www.sonoma.courts.ca.gov

Form Name Form Mandatory Revision No. Or Optional Dates Advisement of Rights, Waiver and Fee Form – Misdemeanor – Pages 1-4 CR-006 Mandatory 01/01/19 Alternative dispute Resolution Information Sheet CV-2 Mandatory 07/01/11 Application for Approval for Listing on Sonoma County Superior Court FL037 Mandatory 02/01/14 Parent Coordinator Panel Application to Serve as Temporary Judge CV-33 Mandatory 07/01/11 Application to Serve the California Secretary of State CV-25 Optional 07/01/11 Confidential Contact Information PR-12 Mandatory 07/01/11 Custody and Visitation Orders FL017 Mandatory 07/01/12 Declaration and Order for Presumed Satisfaction of Judgment and Notice of SC-5 Optional 07/01/11 Entry of Order Declaration And Order to Unseal Unredacted Original Birth Certificate FL-094(b) Mandatory 01/01/19 Declaration in Opposition to Temporary Order CA-106 Optional 07/01/13 Declaration in Support of Urgent Ex Parte Application CV-40 Optional 07/01/11 Declaration of Certification of Attorney Competency JC-104 Mandatory 07/01/11 Declaration of Diligent Search PR-7 Optional 07/01/11 Declaration Regarding Notice of Request for Guardianship Temporary PR-10 Optional 07/01/11 Orders Declaration Regarding Notice of Request for Temporary Orders FL016 Mandatory 01/01/19 Declaration Regarding Notice and Delivery of Domestic Violence Temp FL040 Mandatory 01/01/15 Orders Family Law Child Custody and Visitation Questionnaire FL045 Optional 01/01/18 Guardianship Visitation Order PR-17 Mandatory 07/01/17 Increased Bid In Open Court On Sale Of Real Property PR-14 Mandatory 07/01/11 Misdemeanor Advisement – Domestic Violence Addendum Form CR-005 Mandatory 01/01/19 Notice of Appeal Involuntary Commitments APP-001 Optional 04/01/15 Notice of Completed Report by the Private Child Custody Recommending FL026 Mandatory 02/01/14 Counselor and Request to Advance Hearing Notice of Rights and Responsibilities Child Care FL020 Mandatory 07/01/11 Notice of Stipulated Continuance (Family Law) FL015 Mandatory 07/01/15 Notice of Stipulated Continuance (Probate) PR-18 Mandatory 01/01/19 Objections to Appointment of Guardian of the Person PR-9 Optional 07/01/11 Order Appointing Regional Center to Evaluate Proposed Ward or PR-4 Optional 07/01/11 Conservatee; Order Appointing Public Defender Petition for Grandparent Visitation FL038 Mandatory 01/01/18 Petition for Visitation (Guardianship) PR-15 Optional 07/01/13 Receipt and Acknowledgement of Order Restricting Release of Property PR-5 Optional 07/01/11 Report of Proposed Guardian PR-2 Mandatory 07/01/11 Request for Interpreter INT- Mandatory 01/01/15 001_EN Request for Telephone Appearance FL075 Mandatory 07/01/11 Request to Change-Add Court Date JC-106 Optional 07/01/11

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Request to Drop Hearing FL042 Optional 07/01/17 Request to Reset/Advance/Set Case Resolution Conference FL092 Mandatory 01/01/15 Request to Set Aside Order to Pay Judgment in Installment SC-4 Optional 07/01/11 Request of Vacate Domestic Violence Restraining Order After Hearing FL018 Mandatory 07/01/14 Request-Response to Request for Set Conf, Trial or Default Hearing FL074 Mandatory 07/01/17 Response to Petition for Grandparent Visitation FL039 Mandatory 01/01/18 Settlement Agreement and Court Order (Unlawful Detainer) CV-43 Optional 07/01/11 Settlement Conference Statement/Trial Brief FL048 Optional 07/01/15 Statement of Issues for Settlement Conference or Trial FL002 Mandatory 07/01/13 Stipulation and Order FL014 Mandatory 07/01/11 Stipulation and Order Appointing Private Mediator FL035 Mandatory 07/01/11 Stipulation and Order Authorizing Electronic Service CV-42 Optional 07/01/11 Stipulation and Order for Interim Child Custody Mediation FL036 Mandatory 07/01/14 Stipulation and Order re: Appointment of Parenting Coordinator FL030 Mandatory 12/01/13 Stipulation and Order Referring Matter to Alternative Dispute Resolution CV-7 Optional 07/01/11 TAHL Child Support FL028 Mandatory 01/01/18 TAHL Family Law Contempts FL029 Mandatory 01/01/18 The Role of the Client's Attorney in Special Master Cases FL031 Mandatory 07/01/11 Vehicle Code Secction 14601 et . esq. – Addendum Form – Pages 1 and 2 CR-001 Mandatory 01/01/19 Vehicle Code Section 23103(a) – Addendum Form – Pages 1 and 2 CR-002 Mandatory 01/01/19 Vehicle Code Section 23152 – Addendum Form – Pages 1 and 2 CR-003 Mandatory 01/01/19 Vehicle Code Section 23153 – Addendum Form – Pages 1 and 2 CR-004 Mandatory 01/01/19

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LIST OF CURRENTLY EFFECTIVE RULES WITH EFFECTIVE AND REVISED DATES EFFECTIVE January 1, 2021

EFFECTIVE REVISED
DATE DATE

RULE 1 --- ORGANIZATION

1.1 (no title) 1/1/97 1/1/11
1.2 (no title) 1/1/97 1/1/01

RULE 2 --- RULES APPLICABLE TO SMALL CLAIMS CASES AND TO UNLAWFUL DETAINER CASES

2.1 Small Claims Cases 1/1/97 1/1/21
2.2 Unlawful Detainer Cases 1/1/97 1/1/21

RULE 3 --- (Rule repealed as of 7/1/2004)

RULE 4 --- RULES APPLICABLE TO ALL CIVIL CASES

4.1 Differential Case Management 1/1/97 1/1/15
4.2 Assignment to One Judge for all 1/1/97 1/1/07
Purposes and Case Management
Conference

4.3 Judicial Arbitration 1/1/97 1/1/14
4.4 Orders to Show Cause 1/1/97 7/1/04
4.5 Sanctions 1/1/97 1/1/21
4.6 Mandatory Settlement Conferences 1/1/97 1/1/21
4.7 Deposit of Jury Fees 1/1/97 1/1/21
4.8 Trial Call and Trial-Related Motions 1/1/97 1/1/21
4.9 Pretrial Matters and Commencement of Trial 1/1/97 Repealed 1/1/21
4.10 Voir Dire 1/1/97 Repealed 1/1/21
4.11 Disposition of Fictitious Defendants 1/1/97 Repealed 1/1/21
(Cross-Defendants)
4.12 Temporary Judge (Pro Tem) Trials 1/1/97 1/1/14
4.13 Discovery Facilitator Program 1/1/08 7/1/15
4.14 Readiness Conference 7/1/10 Repealed 1/1/21
4.15 Matters affected by Bankruptcy 1/1/13 1/1/21
4.16 Demurrer Facilitator Program 7/1/14 7/1/15
4.17 Post-Trial Matters 7/1/14 1/1/20
4.18 Writs of Mandate Challenging Government 1/1/16 1/1/16
Approvals and CEQA matters

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EFFECTIVE REVISED DATE DATE

RULE 5 --- RULES APPLICABLE TO CIVIL LAW AND MOTION PROCEEDINGS 5.1 Scheduling 1/1/97 1/1/21 5.2 Order of Examination Calendar 1/1/97 1/1/21 5.3 Continuances 1/1/97 1/1/21 5.5 Hearings, Tentative Rulings and Oral 1/1/97 1/1/21 Arguments 5.6 Ex Parte Applications 1/1/97 1/1/21 5.7 Transcripts of Administrative Records 1/1/97 7/1/08 5.8 Orders After Hearing or Upon Ex Parte 1/1/97 1/1/21 Motion

RULE 6 --- RULES APPLICABLE TO PROBATE PROCEEDINGS

6.1 Introductions 1/1/97 1/1/21
6.2 Calendar and Procedural Matters 1/1/97 1/1/21
6.3 Accountings for Decedents’ Estates 1/1/97 1/1/21
6.4 Conservatorships and Guardianships 1/1/97 1/1/21
6.5 Compensation of Fiduciaries and Attorneys 1/1/97 1/1/19
6.6 Bonds 1/1/97 1/1/15
6.7 Sales of Real Property 1/1/97 7/1/10
6.8 Trust Petitions 1/1/19 1/1/19

RULE 7 --- RULES APPLICABLE TO DEFAULT, UNCONTESTED, AND COMPROMISE PROCEEDINGS

7.1 Default Calendar 1/1/97 7/1/04
7.2 Procedure 1/1/97 1/1/07
7.3 Attorney’s Fees in Default Proceedings 1/1/97 7/1/08

RULE 8 --- RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS

8.1 Criminal Courts: Assignment of Cases 1/1/97 1/1/21
8.2 Violation of Probation 1/1/97 1/1/21
8.3 Protection of Confidential Personal Info 7/1/15
8.4 Criminal Pretrial Law and Motion 1/1/97 1/1/21
8.5 Pretrial Discovery 1/1/97 1/1/21
8.6 Appointment and Payment of Counsel in 1/1/97 7/1/10
Conflict Cases
8.7 Appointment of Second Counsel 1/1/97 7/1/07
8.8 Ex Parte Applications for Orders 1/1/97 7/1/07
8.9 Continuances 1/1/97 1/1/21

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EFFECTIVE REVISED DATE DATE

8.10 Court System 1/1/97 7/1/07
8.11 Arraignments 1/1/97 7/1/07
8.12 Calendaring System 1/1/97 1/1/21

RULE 9 --- RULES APPLICABLE TO FAMILY LAW PROCEEDINGS

9.1 Application 1/1/97 Repealed 1/1/21
9.1 Case Assignment 1/1/97 Renumbered
1/1/21
9.3 Sanctions in Respect to Rules 1/1/04 1/1/21
9.4 Family Law Facilitator 1/1/97 7/1/12
9.5 Collaborative Law Cases 1/1/05 1/1/21
9.6 Appearance by Telephone 7/1/05 7/1/14
9.7 Acceptance of Handwritten Pleadings 1/1/97 1/1/21
9.8 Limited Legal Representation 1/1/03 Repealed 1/1/21
9.9 Documents Not to be Filed with the Court 1/1/05; Retracted 7/1/10; Reinstated 7/1/11

9.10 Case Resolution Conference 1/1/08; 1/1/21
9.11 Domestic Violence Restraining Orders 7/1/05 1/1/21
(Family Code §§ 6200-6389)
9.12 Ex Parte/Emergency Family Law Orders 7/1/05 1/1/21
9.13 Domestic and Child Support Calendars 7/1/05 1/1/21
9.14 Child Custody 1/1/13 1/1/21
9.15 Child Support 1/1/13 1/1/21
9.16 Public Assistance 7/1/05 1/1/16 (renumbered)

9.17 Preparation of Orders After Hearing 1/1/13 1/1/21
9.18 Review Hearings 1/1/03 1/1/16 (renumbered)
9.19 Law and Motion Matters 1/1/04 1/1/21
9.20 Family Law Settlement Conference 1/1/05 1/1/21
9.21 Child Custody Settlement Conferences 1/1/97 1/1/21
9.22 Appointment of Special Master, Appraisers, 7/1/05 1/1/16 (renumbered)
Experts
9.23 Trial and Evidentiary Hearings 7/1/05 1/1/21
9.24 Child Custody Trials 1/1/97 1/1/16 (renumbered)
9.25 Adoptions 1/1/02 1/1/16 (renumbered)
9.26 Judgements 1/1/97 1/1/16 (renumbered)
9.27 Service by Posting 7/1/13 1/1/16 (renumbered)
9.28 Cases Designated to A Private Judge 7/1/15 1/1/16 (renumbered)
9.29 Delivery of Courtesy Copies 7/1/15 1/1/16 (renumbered)
9.30 Requests for Special Immigrant Juvenile 1/1/16
Findings

RULE 10 --- RULES APPLICABLE TO JUVENILE COURT PROCEEDINGS (Rule 10 was effective 1/1/97 and was entirely

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revised 7/1/06 with revisions thereafter) 10.1 Abbreviations 1/1/97 7/1/06 10.2 Juvenile Calendars 1/1/97 7/1/06 10.3 Rules of Procedure and Standing Orders 1/1/97 1/1/07 EFFECTIVE REVISED DATE DATE 10.4 Attendance at Hearings (CRC, Rule 5.530) 1/1/97 1/1/07 10.5 Counsel of Record and Self-Represented 1/1/97 7/1/06 Parties (Dependency Proceedings) 10.6 Pre-Hearing Discovery 1/1/97 1/1/07 10.7 Noticed Motions – (Dependency 1/1/97 1/1/07 Proceedings) 10.8 Requests for Ex Parte Orders 1/1/97 1/1/12 10.9 Applications for Temporary Restraining 1/1/97 7/1/06 10.10 Referrals to Other Courts 1/1/97 7/1/06 10.11 Continuances 1/1/97 1/1/07 10.12 Attorney Competence (Dependency 1/1/97 1/1/12 Proceedings) 10.13 Standards of Representation 1/1/97 1/1/07 (Dependency Proceedings) 10.14 Representation of Parties Other Than 1/1/97 1/1/07 Minors (Dependency Proceedings) 10.15 Procedures for Review and Resolving 1/1/97 1/1/07 Complaints (Dependency Proceedings) 10.16 Requests to Withdraw (Dependency 1/1/97 1/1/07 Proceedings) 10.17 Release of Information Relating to 1/1/97 7/1/09 Juveniles 10.18 Local Rules Relating to Child Advocates 1/1/97 1/1/07 10.19 Medical Issues 1/1/97 1/1/07 10.20 Requests for Modification 1/1/97 7/1/12 (Dependency Proceedings)

10.21 Access to Minors in Dependency 1/1/97 1/1/07
Proceedings
10.22 Mediation in Dependency Proceedings 1/1/97 1/1/07
10.23 Settlement Conferences in Dependency 1/1/97 7/1/06
10.24 Guardians Ad Litem 1/1/97 1/1/07
(Dependency Proceedings)
10.25 Visitation (Dependency Proceedings) 1/1/97 1/1/07
10.26 Trial Home Visits (Dependency Proceedings) 1/1/97 1/1/07
10.27 Exit Custody Orders 1/1/97 1/1/07
(Dependency Proceedings)
10.28 15-Day Reports (Dependency Proceedings) 1/1/97 1/1/07
10.29 Bonding Study (Dependency Proceedings) 1/1/97 1/1/07
10.30 Prisoner Transport Orders 1/1/97 1/1/07
(Dependency Proceedings)
10.31 Requests for Transcripts 1/1/97 7/1/06
10.32 Access to Courtroom by Non-Parties 1/1/97 7/1/06
10.33 Notice and Request to Attend Court 1/1/97 7/1/06
Proceedings (Delinquency Proceedings)

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10.34 Request for Computer Access to Juvenile 1/1/97 7/1/06 Case Management System 10.35 Use of Cameras or Recording Equipment 1/1/97 1/1/07 (Dependency Proceedings) EFFECTIVE REVISED DATE DATE 10.36 Foreign Consulates 1/1/97 1/1/07 (Dependency Proceedings) 10.37 Appearance by Telephone 1/1/07 (Dependency Proceedings) 10.38 Court Appointed Counsel Compensation 1/1/07

RULE 11 --- RULES APPLICABLE TO APPELLATE DIVISION PROCEEDINGS

11.1 Limited Civil Cases 1/1/97 1/1/15
11.2 Misdemeanor and Criminal Cases 1/1/97 1/1/15
11.3 Traffic Cases 7/1/11 1/1/15
11.4 Briefs 1/1/97 7/1/11 (renumbered)
11.5 Oral Argument 1/1/13 1/1/13 (renumbered)
11.6 Petitions for Writs of Mandate and Prohibition 1/1/12 1/1/13 (renumbered)
11.7 Petitions For Writ of Supersedeas 1/1/13

RULE 12 --- SUPERIOR COURT COMMISSIONER

12.1 Appointment 1/1/97 1/1/07
12.2 General Authority 1/1/97 1/1/14
12.3 Assignments as Temporary Judge 1/1/97 7/1/11
12.4 Duties as Commissioner 1/1/97

RULE 13 --- RULES APPLICABLE TO TRIAL JURY SERVICES

13.1 Court Policy Governing Granting of 1/1/97 1/1/07
Excuses
13.2 Duty of Citizenship 1/1/97 1/1/98
13.3 Jurors to be Selected at Random 1/1/97 1/1/98
13.4 Discrimination Prohibited in Selecting 1/1/97 1/1/21
Jurors
13.5 Source Lists of Jurors 1/1/97 1/1/98
13.6 Compilation of Master Jury List 1/1/97 7/1/00
13.7 Qualified Jurors 1/1/97 1/1/21
13.8 Requests to be Excused 1/1/97 7/1/08
13.9 Postponement of Jury Service 1/1/97 1/1/05
13.10 Failure to Appear for Jury Duty When 1/1/97 7/1/00
Summoned
13.11 Period of Service 1/1/97 1/1/05
13.12 Contact with Trial Jurors 1/1/97 7/1/00
13.13 Records Compiled and Maintained 1/1/97 7/1/08
13.14 Prospective Jurors in Civil Cases 1/1/97 7/1/08

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EFFECTIVE REVISED DATE DATE RULE 14 – RULE PROHIBITING SMOKING IN COURT 1/1/97 7/1/07 FACILITIES

RULE 15 --- RULES APPLICABLE TO GRAND JURY SERVICE

15.1 Combined Grand Jury 1/1/97 1/1/98
15.2 Application Process 1/1/97 1/1/98
15.3 Interviews of Prospective Grand Jurors 1/1/97 7/1/15
15.4 Impanelment of the Grand Jury 1/1/97 7/1/15
15.5 Additional Term of Service 1/1/97 1/1/98

RULE 16 --- RULES APPLICABLE TO ALTERNATE DISPUTE RESOLUTION (ADR)

16.1 Policy Statement 1/1/97 1/1/16

RULE 17 --- APPLICATIONS FOR EX PARTE ORDERS

17.1 (No Title) 1/1/97 1/1/13
17.2 (No Title) 1/1/97 7/1/04
17.3 (No Title) 1/1/97 1/1/07
17.4 (No Title) 1/1/97 7/1/04
17.5 (No Title) 1/1/97 7/1/04
17.6 (No Title) 1/1/97 7/1/04
17.7 (No Title) 1/1/97 1/1/13
17.8 (No Title) 1/1/97 1/1/13

RULE 18 --- RULES APPLICABLE TO FILING AND GENERAL PROCEDURE

18.1 Proceedings with a Fee Waiver 1/1/97 7/1/12
18.6 Conforming Copies 1/1/97 7/1/11
18.7 Prepaid, Self-Addressed Envelopes 1/1/97 7/1/11
Required
18.8 Time and Date Must be Shown 1/1/97 7/1/15
18.9 Use of Local Forms 1/1/97 7/1/15
18.11 Restrictions on Over-The-Counter Filings 1/1/97 7/1/12

18.14 Procedure for Background Checks 1/1/97 7/1/14
18.16 Voluntary E-Service 1/1/09 7/1/11
18.17 Fee for Retrieving Files from Storage 7/1/09 7/1/14
18.18 Fee for Creation of Compact Disc From ER 7/1/14 7/1/15
18.19 Appointment of Elisor 1/1/18

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18.20 Electronic Records 7/1/17 18.21 Format For Documents Submitted For Filing 7/1/17 18.22 Mandatory Electronic Filing 1/1/20 18.23 Limitations on Electronic Filings 1/1/20 EFFECTIVE REVISED DATE DATE 18.24 Electronic Filing Service Providers 1/1/20 18.25 Electronic Filing Dates and Times 1/1/20 18.26 Electronically Filed Proposed Orders and Orders After Hearing 1/1/20 18.27 Electronic Service 1/1/20

RULE 19 --- EXECUTIVE OFFICER – CLERK OF THE SUPERIOR COURT

19.1 Executive Officer Duties 1/1/97 1/1/99

RULE 20 --- HOURS OF BUSINESS 1/1/97 1/1/10

RULE 21 --- RULES APPLICABLE TO MEDIA COVERAGE

21.1 Introduction 1/1/05 1/1/07
21.2 Media Requests 1/1/05 7/1/10
21.3 Coverage Inside Court Facilities or Locations 1/1/05 7/1/10

RULE 22 --- (This Rule repealed as of 7/1/2004)

RULE 23 --- RULES APPLICABLE TO TRAFFIC INFRACTIONS

23.1 Trial By Declaration 1/1/97 7/1/13
23.2 Exhibits 7/1/08 7/1/13

RULE 24 --- COMMUNICATION AMONG CRIMINAL, FAMILY AND JUVENILE COURTS

24.1 Requirement of Courts Issuing Custody 1/1/04 7/1/12
and/or Visitation Orders
24.2 Requirement of Courts Issuing Criminal 1/1/04 7/1/12
Protective Orders
24.3 Modification of Criminal Protective Order 1/1/04
24.4 Language of Custody and Visitation Orders 1/1/04 7/1/12

RULE 24 --- RULES APPLICABLE TO THE COURT’S COURTROOM DRESS AND DECORUM POLICY 7/1/10

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