Napa — Local Rules, effective January 1, 2026

Source: https://www.napa.courts.ca.gov/system/files/general/local-rules-effective-january-1-2026.pdf

Superior Court of California County of Napa

Local Rules Effective 1/1/26

Superior Court of California, County of Napa

LIST OF CURRENTLY EFFECTIVE RULES

AND THE DATE OF ADOPTION/LATEST REVISION

1 7/1/02 6.3 7/1/02 10.5 7/1/20 1.1 7/1/20 6.4 7/1/03 10.6 1/1/12 1.2 1/1/16 6.5 1/1/17 10.7 1/1/12 1.3 7/1/02 6.6.1 7/1/20 10.8 1/1/12 2.1 1/1/12 6.6.2 1/1/07 10.9 4/18/22 2.2 1/1/11 6.6.3 7/1/02 11.1 7/1/09 2.3 1/1/11 6.7 1/1/16 11.2 1/1/12 2.4 1/1/20 6.8 1/1/06 11.3 1/1/12 2.5 1/1/11 6.9 7/1/17 11.4 1/1/26 2.6 1/1/11 6.10 7/1/17 11.5 7/1/09 2.7 1/1/11 6.11 1/1/18 11.6 1/1/18 2.8 7/1/14 6.12 1/1/18 11.7 7/1/18 2.9 1/1/11 7.1 1/1/17 11.8 1/1/16 2.10 1/1/11 7.2 1/1/17 2.11 1/1/11 7.3 1/1/17 2.12 1/1/11 7.4 1/1/21 2.13 1/1/11 7.5 1/1/17 2.14 1/1/19 7.6 1/1/20 2.15 1/1/17 7.7 7/1/20 2.16 7/1/13 7.8 1/1/17 2.17 7/1/17 7.9 1/1/17 3.1 1/1/16 7.10 1/1/21 3.2 1/1/16 7.11 1/1/17 3.3 7/1/20 7.12 1/1/17 3.4 7/1/08 7.13 1/1/17 3.5 1/1/16 8.1 1/1/99 3.6 1/1/16 8.2 1/1/12 3.7 1/1/16 9 7/1/02 3.8 1/1/19 9.1 1/1/11 3.9 1/1/19 9.2 1/1/11 4.1 7/1/14 9.3 1/1/11 4.2 7/1/02 9.4 1/1/13 4.2.1 7/1/16 9.5 1/1/17 4.3 1/1/16 9.6 7/1/12 4.4 7/1/06 9.7 1/1/18 4.5 1/1/06 9.8 1/1/17 4.6 7/1/09 9.9 1/1/17 4.7 1/1/13 9.10 7/1/20 5.1 7/1/93 10.1 7/1/20 5.2 1/1/99 10.2 7/1/20 6.1 7/1/02 10.3 1/1/12 6.2 1/1/11 10.4 7/1/20

Superior Court of California, County of Napa

TABLE OF CONTENTS

RULE 1: SCOPE OF RULES FOR THE SUPERIOR COURT ...................................... 1 1.1 Effective Date of Rules ........................................................................................... 1 1.2 Title of Rules........................................................................................................... 1 1.3 Construction and Application of Rules ................................................................... 1

RULE 2: COURT ORGANIZATION ................................................................................. 2 2.1 Policy Making Authority ........................................................................................ 2 2.2 Administrative Authority ........................................................................................ 2 2.3 Presiding Judge, Assistant Presiding Judge, and Acting Presiding Judge .............. 2 2.4 Location and Schedule of Court Sessions ............................................................... 2 2.5 Applications for Ex Parte Orders ............................................................................ 3 2.6 “Duty” Judge ........................................................................................................... 4 2.7 Compensation of Court-Appointed Counsel and Investigators .............................. 4 2.8 Telephonic Appearances ......................................................................................... 4 2.9 Tentative Ruling System ......................................................................................... 5 2.10 Facsimile Filing ...................................................................................................... 6 2.11 Sealing of Juror Information ................................................................................... 6 2.12 Courtroom Security ................................................................................................. 6 2.13 Court Reporter Fees ............................................... Error! Bookmark not defined. 2.14 Court Reporting Services ........................................................................................ 8 2.15 Audio and Video Recording and Transmission ...................................................... 9 2.16 Master Calendar System ......................................................................................... 9 2.17 Communication With Court Staff ........................................................................... 9 2.18 Traffic Infraction Ability to Pay ............................................................................. 9

RULE 3: DOCUMENTS PRESENTED FOR FILING ................................................... 10 3.1 Use of Napa County Forms................................................................................... 10 3.2 Proof of Service .................................................................................................... 10 3.3 Courtesy Copies of E-Filed Documents ............................................................... 10 3.4 Endorsing Copies .................................................................................................. 10 3.5 Will-Call Box ........................................................................................................ 10 3.6 Filing Documents in Matters Set on Shortened Time ........................................... 10 3.7 Lodging of Non-California Authority ................................................................... 10 3.8 Permissible Exhibits.............................................................................................. 11 3.9 Signatures On E-Filed Documents……………………………………………….12 3.10 Legal Argument and Citation to Authority Generated by Artificial Intelligence………..12

RULE 4: CRIMINAL RULES ........................................................................................... 12 4.1 Filing Complaints and Citations ........................................................................... 12 4.2 Documents Necessary for a Hearing..................................................................... 12 4.2.1 Plea in Absentia in Non-Domestic Violence (“DV”) Misdemeanor Cases .......... 12

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Superior Court of California, County of Napa

4.3 Motions ................................................................................................................. 12 4.4 In Limine Motions ................................................................................................. 12 4.5 Jury Instructions and Verdict Forms………………………………………….. ... 13 4.6 Stipulations and Orders ......................................................................................... 13 4.7 Effective Date of Filing ........................................................................................ 13 4.8 Child Forensic Interview Recordings………………………………………………...13

RULE 5: TRAFFIC INFRACTION TRIALS………………………………………. ..... 15 5.1 Trial By Written Declaration………………………………………………… .... 15 5.2 Traffic and Engineering Surveys……………………………………………….. 15

RULE 6: CIVIL RULES ..................................................................................................... 16 6.1 Case Management Conference.…………………………………………………. 16 6.2 Trial Management Conference………………………………………………….. 16 6.3 Short Cause Trials……………………………………………………………….. 16 6.4 Long Cause Trials ................................................................................................. 17 6.5 Trial Procedures .................................................................................................... 17 6.6 Administration of Civil Litigation ........................................................................ 20 6.6.1 Service of Complaint ............................................................................................ 20 6.6.2 Mandatory Settlement Conferences ...................................................................... 20 6.6.3 Cases Stayed Under California Rule of Court 3.650(d) ....................................... 21 6.7 Requests for Hearing Continuances and Taking Matters Off Calendar ............... 21 6.8 Uninsured Motorist Cases ..................................................................................... 22 6.9 Motions for Summary Judgment/Adjudication .................................................... 22 6.10 Hearings Exceeding 15 Minutes…………22 6.11 Attorney Fees in Default Proceedings ................................................................. 23 6.12 Requests for Extension of Time to File ............................................................... 23 6.13 Appointment of Elisor…………………………………………………………………24

RULE 7: FAMILY LAW PROCEEDINGS ..................................................................... 24 7.1 Scope ..................................................................................................................... 24 7.2 Calendar Assignments .......................................................................................... 24 7.3 Proof of Service .................................................................................................... 24 7.4 Family Law Case Management ............................................................................ 24 7.5 Ex Parte Matters .................................................................................................... 26 7.6 Master Family Law Calendar ................................................................................ 26 7.7 Hearings - General ................................................................................................ 28 7.8 Settlement Conferences ........................................................................................ 29 7.9 Trial Exhibits ........................................................................................................ 31 7.10 Child Custody and Visitation ................................................................................ 31 7.11 Requirements in Financial Matters. ...................................................................... 35 7.12 Family Law Facilitator .......................................................................................... 36 7.13 Appointment of Elisor........................................................................................... 36

RULE 8: ADOPTION PROCEEDINGS ........................................................................... 39

Superior Court of California, County of Napa

8.1 Adoption Hearings ................................................................................................. 39 8.2 Access to Adoption Files ....................................................................................... 39

RULE 9: PROBATE ........................................................................................................... 40 9.1 Preparation of Orders ............................................................................................. 40 9.2 Pre-Approved Probate Calendar -- See Tentative Ruling System,

Local Rule 2.9 ..................................................................................................... 40 9.3 Matters Requiring Appearance .............................................................................. 40 9.4 Guardianship Investigations – Mandatory Orders – Local Forms .......................... 41 9.5 Conservatorship Investigations – Standing Orders ................................................ 41 9.6 Costs ...................................................................................................................... 41 9.7 Compensation of Attorneys, Conservators, Guardians, Trustees, and Requests for Extraordinary Fees ............................................................................................... 41 9.8 Preliminary Distributions ....................................................................................... 42 9.9 Payment of Court Investigator Fees ....................................................................... 42 9.10 Hearing Dates for Conservatorships and Guardianships ...................................... 42 9.11 Requests for Evidentiary Hearing……………………………………………..43 9.12 Motions for Summary Judgment/Adjudication………………………………..44 9.13 Application of Civil Local Rules to Probate Contested Hearings……………..44

RULE 10: JUVENILE COURT RULES............................................................................. 44 10.1 Competency Requirements for Counsel ................................................................ 44 10.2 Minimum Standards of Education and Training .................................................... 45 10.3 Standards of Representation .................................................................................. 45 10.4 Caseload Standards ................................................................................................ 46 10.5 Procedures for Reviewing and Resolving Complaints ........................................... 46 10.6 Court-Appointed Special Advocate (CASA) ......................................................... 48 10.7 CASA Reports ....................................................................................................... 48 10.8 Administration of Psychotropic Medication for Dependents or Wards of the Court .............................................................................................. 48 10.9 Remote Appearances in Juvenile Justice (Delinquency)………………………...43

RULE 11: APPELLATE DIVISION ................................................................................... 52 11.1 Applicable Rules ................................................................................................... 52 11.2 Presiding Judge ...................................................................................................... 52 11.3 Sessions ................................................................................................................. 52 11.5 Applications .......................................................................................................... 52 11.6 Use of Court File Instead of Clerk’s Transcript ..................................................... 52 11.7 Use of Official Electronic Recording ..................................................................... 53 11.8 Participating Judges ............................................................................................... 53

LIST OF LOCAL FORMS ........................................................................................................46 APPENDIX A – Locating A Qualified Private Child Custody Evaluator ...................................49 INDEX

Superior Court of California, County of Napa

Superior Court of California, County of Napa

RULE 1: SCOPE OF RULES FOR THE SUPERIOR COURT

These rules are intended to supplement the California Codes and Rules of Court. All attorneys and self-represented parties appearing before the Napa Superior Court must know and abide by these rules, as well as all applicable California Codes and Rules. Further, these rules are cumulative and are to be read as a whole. Thus, every rule applies to every case and every party or attorney appearing before the Napa Superior Court unless common sense or another provision of these rules exempts or supersedes it. These rules, the annual judicial assignments, and the court’s schedules and calendar are available on the court’s website at http://www.napa.courts.ca.gov. (Effective 7/1/02)

1.1 Effective Date of Rules

These rules shall take effect on January 1, 2018. (Effective 7/1/02; revised 7/1/03; revised 7/1/05; revised 1/1/06; revised 7/1/06; revised 1/1/07; revised 7/1/07; revised 7/1/08; revised 1/1/09; revised 7/1/09; revised 1/1/10; revised 1/1/11; revised 7/1/11; revised 1/1/12; revised 7/1/12; revised 1/1/13; revised 7/1/13; revised 7/1/14; revised 7/1/15; revised 1/1/16; revised 7/1/16; revised 1/1/17; revised 7/1/17; revised 1/1/18; revised 7/1/18; revised 1/1/19; revised 1/1/20; revised 7/1/20; revised 1/1/21)

1.2 Title of Rules

These rules shall be known as “Local Rules for the Superior Court of the State of California, County of Napa”. (Effective 1/1/99; revised 1/1/16)

1.3 Construction and Application of Rules

These rules shall be liberally construed to serve the proper and efficient administration of the business and affairs of this court and to promote and facilitate the administration of justice by the Superior Court of Napa County.

These rules may be amended or repealed, and new rules may be added, by majority vote of the judges. Rule and subdivision headings do not affect in any manner the scope, meaning, or intent of any of the provisions of these rules.

These rules are adopted pursuant to Code of Civil Procedure section 575.1. Any party or counsel for a party failing to abide by these rules may be sanctioned upon motion of any party or counsel for a party or on the court’s own motion as set forth in Code of Civil Procedure section 575.2.

(Effective 7/1/02)

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Superior Court of California, County of Napa

RULE 2: COURT ORGANIZATION

2.1 Policy Making Authority

Responsibility for formulating policy, including regulations concerning court administration, is vested in the Executive Committee of the court system with advice from all judges of the Court. The Executive Committee is comprised of the Presiding Judge, the Assistant Presiding Judge, and the Court Executive Officer. (Effective 1/1/99; revised 1/1/11; revised 1/1/12)

2.2 Administrative Authority

The Court Executive Officer is appointed by, and serves at the pleasure of, a simple majority of the judges. (Effective 7/1/02; revised 1/1/11)

2.3 Presiding Judge, Assistant Presiding Judge, and Acting Presiding Judge

A Presiding Judge and Assistant Presiding Judge shall be elected by a simple majority of the judges, not later than August every other year, to serve a two-year term beginning the following January 1. If the Presiding Judge is absent or unable to act, the Assistant Presiding Judge shall be the Acting Presiding Judge. If both the Presiding Judge and Assistant Presiding Judge are absent or unable to act, the Judge with the most seniority shall be the Acting Presiding Judge. (Effective 7/1/02; revised 7/1/06; revised 7/1/08; revised and renumbered 1/1/11; revised 7/1/24.)

2.4 Location and Schedule of Court Sessions

Sessions of the Court shall be held in the courtrooms in the Historic Courthouse, Criminal Courthouse, and Juvenile Courthouse. In addition, the Court may conduct sessions at any appropriate location within the county of Napa at the direction of the judicial officer presiding at such hearing. Courtrooms are at the following locations:

Historic Courthouse, 825 Brown Street, Napa Courtroom A Courtroom B Courtroom C

Criminal Courthouse, 1111 Third Street, Napa Courtroom 1 Courtroom 2 Courtroom 3 Courtroom 4 Courtroom 5 Courtroom 6

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Superior Court of California, County of Napa

Juvenile Courthouse, 2350 Old Sonoma Road, Napa Courtroom JH (Juvenile Hall)

(Effective 7/1/02; revised 1/1/06; revised and renumbered 1/1/11; revised 1/1/16; revised 1/1/20)

2.5 Applications for Ex Parte Orders

Except as otherwise specifically preempted by California Rules of Court, rule 3.20, ex parte applications shall conform with these rules:

A. Civil. Applications involving civil matters shall be presented to a judicial officer of
the civil division at 11:30 a.m. each Court day. An appointment must be made by
calling the clerk of the Court no later than 10:00 a.m. the preceding court day.
Unless the nature of the application precludes giving notice to the other side, such
notice must be given. The Court may waive notice for good cause. Ex parte
applicants must check in with the civil division no later than 10:30 a.m. the day of
the hearing. (Revised 1/1/13 and 7/1/24.)

B. Family Law/Juvenile/Guardianships. Applications involving family law,
juvenile, and guardianship matters shall be filed at the civil division filing counter
by 10:00 a.m. for a judicial decision to be issued the same day on the papers alone,
or for the matter to be placed on calendar the following court day. No drop box
filing is allowed.

By 3:00 p.m. each court day, a Family Law Ex Parte Status Information page will
be posted on the Court’s website at http://www.napa.courts.ca.gov indicating as to
each matter filed by 10:00 a.m. that day, whether a decision has been made on the
papers, or whether the matter will be placed on calendar for clarifying questions at
11:30 a.m. the following court day.

Orders will be available for pick up from the civil division by 3:00 p.m. the day
orders are issued.

Unless the nature of the application precludes giving notice to all parties (and to the
Probation Department in Welfare & Institutions Code sections 300 and 602
matters), such notice must be given no later than 10:00 a.m. the court day before the
application is filed with the court.

(Revised 7/1/15)

C. Probate. With the exception of guardianship ex partes, which shall be heard as set
forth in subdivision B above, applications involving probate matters shall be
presented to a judicial officer of the civil division at 11:30 a.m. each court day.
Unless the nature of the application precludes giving notice to the other side, such
notice must be given and an appointment must be made by calling the clerk of the

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Court no later than 10:00 a.m. the preceding court day. The Court may waive
notice for good cause.

D. Unavailability or Disqualification. 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 any
available judge of the Court.

(Effective 7/1/02; revised 7/1/03; revised 7/1/05; revised 1/1/06; revised and relettered 7/1/06; revised 1/1/07; revised and renumbered 1/1/11)

2.6 “Duty” Judge

One judge shall at all times be designated the duty judge. Duty judges serve in two-week rotations. The duty judge shall be responsible for the handling of emergency protective orders, off-hours search warrants, off-hours writs, and other matters requiring judicial attention off-hours.

The judges shall annually designate which weeks each will serve and will notify Napa County Central Dispatch of these designations. A duty judge unable to act will arrange for a substitute and will notify dispatch accordingly.

In the event the duty judge cannot be reached, any judge may be contacted for off-hours judicial business. Judges can be reached through Napa County Central Dispatch at (707) 253-4451 during non-court hours.

(Effective 7/1/02; renumbered 1/1/11; revised 7/1/24.)

2.7 Compensation of Court-Appointed Counsel and Investigators

Current compensation rates for appointed counsel and investigators are available on the Court’s website at http://www.napa.courts.ca.gov. (Effective 1/1/99; revised 7/1/04; revised 7/1/07; renumbered 1/1/11)

2.8 Remote Appearances

A. Program Overview. The Napa Superior Court permits remote appearances,
telephonic or video, as set forth in Code of Civil Procedure, section 367.75, and
California Rules of Court, rules 3.670, 3.672, and 5.324.

1. Preference may be given to cases with remote appearances.

2. While Court hearings are generally open to the public, certain
confidential proceedings are permitted, by law, to be conducted in closed session.
3. All remote appearances are made via the Zoom web-based
application. Attorneys and/or parties remain on the in-court audio-visual system

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Superior Court of California, County of Napa

and hear matters open to the public to the same extent as those present in court.
All present in the courtroom hear and, if remote appearance is by video, see those
appearing remotely; unless the case is confidential and heard in closed session.

B. Appearance Procedure.

1. An attorney or party making a remote appearance must join
through the Zoom web-based application approximately five (5) minutes prior to
the scheduled hearing time by following the instructions on the Court’s website:
https://www.napa.courts.ca.gov/general-information/remote -
appearance/courtroom-remote-appearances. The party will be placed in a virtual
“waiting room” until permitted entrance to the hearing by the Court Clerk. An
attorney or party calling after the check-in period shall be considered late for the
hearing and shall be treated by the Court in the same manner as if the attorney or
party had personally appeared late for the hearing.

2. Attorney’s and parties appearing remotely shall exhibit the same
degree of courtesy and courtroom etiquette required of those personally
appearing. Persons appearing remotely are encouraged to mute their microphones
and disable their video feeds until their matter is called. However, all persons
appearing remotely must be able to hear the proceedings at all times as the
Court’s policy does not anticipate the Court and other parties waiting for an
attorney or party to rejoin.

(Effective 7/1/02; revised 7/1/03; revised 7/1/06; revised 1/1/07; revised 7/1/08; renumbered 1/1/11; revised 7/1/14; revised 1/1/23 and 7/1/24)

2.9 Tentative Ruling System

The Court has adopted a tentative ruling system in civil law and motion and probate matters. Tentative rulings will be available no later than 3:00 p.m. on the court day before the scheduled hearing, and may be obtained on the Court’s website at http://www.napa.courts.ca.gov. Rulings may also be obtained by calling (707) 299-1270.

Generally, oral argument on matters for which a tentative ruling has been posted will be permitted only if a party notifies all other parties and the Court by 4:00 p.m. on the Court day before the hearing that the party intends to appear and argue. Notice to the Court shall be given by either: (a) calling (707) 299-1270 (when recording begins, press “0”); or (b) submitting an email to JudicialReception2@napa.courts.ca.gov. Notice to the Court by either method must include the case name and number, the matter (e.g. name of motion) for which oral argument is requested, the party requesting oral argument, and the time when and means by which notice of the request for oral argument was communicated to all other parties to the action. If notice of intent to appear has not been given to all parties and to the Court by 4:00 p.m., no oral argument will be permitted and the tentative ruling will become the Court’s ruling unless all other parties are present and the Court exercises its discretion to permit argument. If no tentative ruling is posted on a particular matter,

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Superior Court of California, County of Napa

or if the tentative ruling indicates that an appearance is required, then the parties must appear at the hearing.

(Effective 7/1/02; revised 7/1/03, 1/1/07, 1/1/09; renumbered 1/1/11; revised 7/1/24 and 1/1/26.)

Each noticed motion or petition must include the following information, in bold type and placed in a conspicuous location on the notice, motion, or petition:

“The Napa Court uses a Tentative Ruling System. To receive the tentative ruling, visit the Court’s website at http://www.napa.courts.ca.gov or telephone the Court at (707) 299-1270 after 3:00 p.m. the court day before the scheduled hearing date. Unless the Court directs otherwise, no oral argument will be permitted unless a party or counsel for a party requests a hearing by calling the Court at the number above, or emailing the Court, at JudicialReception2@napa.courts.ca.gov, and notifying all other parties or counsel no later than 4:00 p.m. the court day before the hearing.”

(Effective 7/1/13; revised 1/1/26.)

2.10 Electronic Filing

The Court accepts electronic filings in Civil, Family, Probate, Criminal, Traffic, Juvenile Delinquency and Juvenile Dependency cases. Parties wishing to e-file are required to visit the Court’s website to select an electronic filing service provider (EFSP) from the options provided: https://www.napa.courts.ca.gov/online-services/efile.

It is the sole responsibility of the filer to ensure that all documents containing social security numbers, driver's license numbers, and other sensitive information, are properly redacted prior to electronically filing to the Court. The Court cannot redact documents that are electronically file.

(Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; revised 1/1/23)

2.11 Sealing of Juror Information

The addresses and telephone numbers of jurors may be sealed at the time the jurors are impaneled. Upon petition to the Court, the information may be unsealed upon 20 days’ notice to any juror who may be affected by a court order unsealing the information. Upon recording of the verdict in a criminal case, the Court shall follow the procedure specified in Code of Civil Procedure section 237. (Effective 7/1/02; renumbered 1/1/11)

2.12 Courtroom Security

To ensure the security of the courthouses and courtrooms, no person, except those authorized to do so, shall enter any courthouse or courtroom carrying, or in possession of, any weapon or device as described in Penal Code section 171b, or any other thing that may reasonably be used as a weapon. “Weapon” includes any knife, even if less than four (4) inches in length. Court security staff may

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Superior Court of California, County of Napa

search any person entering any courthouse or courtroom for possession of weapons. (Effective 7/1/02; renumbered 1/1/11)

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Superior Court of California, County of Napa

2.14 Court Reporting Services

A. General Provisions. The Napa Superior Court provides court reporting services
at the Court’s expense in all proceedings for which such services are required by
law. Official court reporters will not be provided in proceedings for which such
services are not legally mandated. The following chart sets forth the types of
proceedings for which official court reporters will be provided by the Court.

Shorthand Reporter
Case Type
Provided by Court?
Felony Case Yes
Misdemeanor Case No
Infraction Case No
Juvenile 300 Yes
Juvenile 602 Yes
Unlimited Civil incl. Unlimited UDs No
Limited Civil incl. Limited UDs No
Small Claims No
Family Law No
Adoption No
Probate No
Guardianship No
Conservatorships No
Civil Ex Parte No
Domestic Violence No
Civil Harassment No

B. Electronic Recording of Proceedings. In Small Claims and Unlawful Detainer
matters only, where an official reporter or an official reporter pro tempore is
unavailable to report an action or proceeding, the Court will make an electronic
audio recording of the proceedings.

C. Private Court Reporters. If a party wishes to have a record made by a court
reporter for a proceeding for which court reporter services are not legally
mandated, that party must arrange for a private court reporter of the party’s
choosing to be present. Except as provided in subdivision (D), the party arranging
for the private court reporter is responsible for paying that reporter’s fees.

D. Exceptions for Parties With Fee Waivers. In case types for which an official
court reporter is generally not provided by the Court (see subdivision (A) above)
and electronic recording is not available (see subdivision (B) above) , a party may
request that the Court arrange for and provide the services of an official court

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Superior Court of California, County of Napa

reporter for a specific hearing / proceeding where: (a) the requesting party has a current fee waiver on file with the Court in the action; or (b) the requesting party files, at the same time as the request for court reporting services, a Request to Waive Court Fees (FW-001), and that Request to Waive Court Fees is granted. The Court will waive the official court reporter fees under these circumstances; however, parties will still be required to pay fees and costs charged by the court reporter to produce any transcript for the reported proceeding. To request an official court reporter pursuant to this rule, parties must submit either the Napa Superior Court Request for Court Reporter Services form (NC-1) or the Judicial Council Form FW-020 (Request for Court Reporter By Party With Fee Waiver) to the clerk’s office as soon as they become aware of the proceeding they wish to be reported. A separate request is required for each hearing / proceeding for which a reporter is desired. (Effective 1/1/19; revised 7/1/24, 1/1/26.)

(All sections/subsections without parenthetical history effective 7/1/04; revised 1/1/06; revised 1/1/07; section renumbered 1/1/11; revised 1/1/12, 7/1/24 and 1/1/26.)

2.15 Audio and Video Recording and Transmission

Audio and video recording and transmission is permitted only inside a courtroom, and only when authorized by the judicial officer presiding in that courtroom. Audio and video recording and transmission is forbidden anywhere else within any courthouse, unless authorized in writing by the Presiding Judge. Sworn law enforcement personnel acting within the course and scope of their duties are exempt from this rule. (Effective 7/1/06; renumbered 1/1/11; revised 1/1/17 and 7/1/24.)

2.16 Master Calendar System

The Napa Superior Court uses a Master Calendar system for civil and criminal matters. Unless otherwise ordered, cases are not assigned to a single judge for all purposes. (Effective 7/1/13)

2.17 Communication With Court Staff

Neither the parties nor their counsel shall initiate communications with the research staff, but shall promptly respond to inquiries directed to them by staff members. (Effective 7/1/03; renumbered 1/1/06 and 7/1/17; revised 7/1/24.)

2.18 Traffic Infraction Ability-to-Pay: Clerk Determinations

The Clerk of the Court may make ability-to-pay determinations in traffic infraction cases as authorized in Government Code section 68645.3, subdivision (e), when the criteria posted on the Court’s website are met. (Effective 1/1/25)

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Superior Court of California, County of Napa

RULE 3: DOCUMENTS PRESENTED FOR FILING

3.1 Use of Napa County Forms

Parties are required to use all forms adopted for mandatory use by the Napa County Superior Court. (Effective 7/1/93; revised 7/1/04; revised and renumbered 1/1/16)

3.2 Proof of Service

If no proof of service is filed with the Court prior to the time set for hearing, the matter may be taken off calendar. (Effective 7/1/02; renumbered 1/1/06; renumbered 1/1/16)

3.3 Courtesy Copies of E-Filed Documents

Parties must provide a courtesy copy of any (1) e-filed document exceeding 15 pages (including exhibits), and (2) any color document (e.g., color photographs, maps, charts). Courtesy copies shall be delivered to Court Counsel or the Clerk of the Court no later than the next court day after filing. (Effective 1/1/16; revised 1/1/18; revised 7/1/20)

3.4 Endorsing Copies

The Court Executive Officer will endorse a maximum of two (2) copies of any filed document at the time of filing. Additional copies will be provided by photocopying and the standard fee for copies will be charged. (Effective 7/1/02; renumbered 1/1/06; renumbered 7/1/08)

3.5 Will-Call Box

Copies submitted for endorsement without an envelope will be placed in the attorneys’ “will-call box” in the clerk’s office. Endorsed items not picked up may be destroyed. (Effective 7/1/02; renumbered 1/1/06; revised 7/1/07; renumbered 7/1/08; revised 1/1/16)

3.6 Filing Documents in Matters Set on Shortened Time

Unless otherwise ordered by the Court, for all matters set on shortened time, the last paper filed must be filed no later than 9:00 a.m. two (2) court days before the matter is scheduled to be heard by the Court. (Effective 7/1/02; renumbered 1/1/06; renumbered 7/1/08; renumbered 1/1/16)

3.7 Lodging of Non-California Authority

Pursuant to California Rules of Court, rule 3.1113(i)(1), parties shall not lodge or file copies of cited non-California authorities unless specifically requested by the Court. (Effective 1/1/12; renumbered 1/1/16)

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Superior Court of California, County of Napa

3.8 Permissible Exhibits

A. Permissible Exhibits. Absent leave of Court, the only acceptable means to file exhibits in support of a motion or at trial is by paper filing, or if available, e-filing. Exhibits must be legible and complete, and not require use of another resource to hear or view the exhibits. Compact Discs (CD’s), Digital Video Discs (DVD’s) and/or other types of digital storage devices are specifically prohibited and are not allowed to be submitted as exhibits to be filed.

B. Recorded or Digital Evidence. A party who would like to offer into evidence an electronic sound or sound-and-video recording, or any other type of digital file, in a motion or pleading that is filed with the Court, must lodge the recorded or digital evidence and file a transcript (or description, if transcription not possible) of the relevant portions sought to be considered by the Court as an exhibit. The lodged material must be accompanied by an original notice of lodgment that includes: (1) a numbered listing of all of the items lodged; (2) a brief description of all lodged items; and (3) a copy of the notice of lodgment with the means of return in accordance with California Rules of Court, rule 3.1302(b).

(Effective 1/1/19)

3.9 Signatures On E-Filed Documents

For documents e-filed with the Court, the filing party may use /s/ followed by the name of the individual on the signature line of a document, in lieu of an original signature. (Effective 1/1/19)

3.10 Legal Argument and Citation to Authority Generated by Artificial Intelligence Prohibited

By presenting to the Court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that the party or attorney has carefully checked every case citation, fact, and argument to make sure that they are correct and proper. No party or attorney may properly delegate this responsibility to Artificial Intelligence or any other form of technology. (Effective 1/1/26)

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RULE 4: CRIMINAL RULES

4.1 Filing Complaints and Citations

Initial complaints must be filed with the clerk on the first floor of the Criminal Courthouse. In- custody complaints must be filed no later than 11:00 a.m. of the second court day following the defendant’s arrest. All other complaints must be filed no later than two (2) court days before the date set for arraignment.

Complaints or citations presented for filing before 4:30 p.m. will be deemed filed on the date of receipt; complaints or citations received after 4:30 p.m. will be deemed filed the following court day.

(Effective 7/1/02; revised 7/1/09; revised 7/1/14)

4.2 Documents Necessary for a Hearing

Counsel must prepare in advance all documents necessary for any hearing, including, but not limited to, plea forms and probation orders.

Plea forms may be submitted by email addressed to: pleaforms@napa.courts.ca.gov.

(Effective 7/1/02; revised 1/1/23)

4.2.1 Plea in Absentia in Non-Domestic Violence (“DV”) Misdemeanor Cases

A defendant in a non-DV misdemeanor case may enter a plea in absentia through counsel by using Napa Superior Court’s mandatory form, Plea in Absentia (Criminal), located on the Court’s website at http://www.napa.courts.ca.gov. Defendant and counsel are required to sign the form. (Effective 7/1/16)

4.3 Motions

Unless otherwise ordered or specifically provided by law, all motions must be filed and served in accordance with the requirements of California Rules of Court, rule 4.111(a). (Effective 7/1/02; revised 1/1/12; revised 1/1/16)

4.4 In Limine Motions, Witness Lists, and Trial Briefs

All in limine motions, witness lists, and trial briefs must be in writing. They must be filed and served at or before the Readiness Conference. (Effective 7/1/02; revised and renumbered 1/1/06; revised 7/1/06; revised 1/1/23).

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4.5 Jury Instructions and Verdict Forms

Jury instructions and verdict forms must be submitted on the first day of trial. (Effective 7/1/02; renumbered 1/1/06)

4.6 Stipulations and Orders

Any stipulation between the parties that results in a court date being scheduled must be presented to the Court with a proposed order at least two (2) court days before the agreed upon court date in the stipulation. Stipulations that are presented without a proposed order will not be accepted for processing. (Effective 7/1/09)

4.7 Effective Date of Filing

All documents presented for filing by 5:00 p.m. to a clerk or deposited in the Court drop box will be deemed filed on the date of receipt. (Effective 7/1/09; revised 1/1/13)

4.8 Child Forensic Interview Recordings

(a) Application

This rule applies in all criminal cases.

(b) Restrictions Video Recordings and Transcripts

Video recordings and transcripts of child forensic interviews, whether conducted at the Courage Center or elsewhere, must not be:

1. Publicly shown except during judicial proceedings in the pending case.

2. Provided or shown to anyone outside the prosecution and defense offices except persons necessary for the preparation or presentation of the case. Before a recording or transcript is provided or shown to another person, that person must be provided a copy of this rule.

3. Used by the defense for any purpose other than to prepare for the defense of the named defendant in the pending case.

4. Provided or shown to any member of the media.

5. Duplicated except as necessary for the prosecution or defense of the case. Any duplicate is governed by this rule as if it were an original.

(c) Return of Copies of Recordings

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Superior Court of California, County of Napa

All copies of recordings must be promptly returned to the prosecution upon the earlier of: (i) termination of representation; or (ii) disposition of the matter following exhaustion of appeals and writs of habeas corpus.

(d) Non-compliance

Failure to comply with this rule may result in the imposition of sanctions.

(Effective 1/1/25)

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RULE 5: TRAFFIC INFRACTION TRIALS

5.1 Trial by Written Declaration

The Court, pursuant to this rule, adopts the trial by declaration process, defined in Vehicle Code section 40902. In addition, pursuant to Vehicle Code section 40903, any person who fails to appear at trial as provided by law may be deemed to have elected to have a trial by written declaration. (Effective 7/1/93)

5.2 Traffic and Engineering Surveys

The Court takes judicial notice of all surveys lodged with the Court. Upon request, the certified survey shall be produced by the Court for inspection by the defendant. (Effective 1/1/99)

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RULE 6: CIVIL RULES

6.1 Case Management Conference

The Case Management Conference provided by rule 6.6.1 will be noticed no sooner than 120 days and no later than 180 days after the filing of the original complaint. (Effective 7/1/02)

Parties are required, pursuant to California Rules of Court, rule 3.725 to file a Case Management Statement (Judicial Council Form CM-110) at least 15 days before each Case Management Conference. Failure to do so may result in the delinquent party’s matter being called at the end of the law and motion Calendar. (Effective 1/1/24.)

6.2 Trial Management Conference

A. Generally. Unless otherwise ordered by the Court, Trial Management Conferences
are usually held the second to the last court day of the week preceding the week in
which the jury will be selected, or, in a court trial, the first witness called. The case
will be assigned to a trial judge at the Trial Management Conference. This
assignment is deemed the assignment from the master calendar. All in limine
motions will be heard at the Trial Management Conference, and the Court will
attend to all other trial management issues to facilitate expeditious commencement
of trial.

B. Deemed First Day of Trial. For all Civil actions other than Unlawful Detainer,
The Trial Management Conference is deemed to be the commencement of trial for
all purposes, including discovery and motion cutoff, disclosure of witnesses and
expert witnesses, and commencement of all trial-related fees, such as jury and court
reporter fees.

C. Unlawful Detainer. For Unlawful Detainer actions for which jury trial has been
properly requested, the parties, or for entity-parties a person with full settlement
authority, shall personally appear at the Trial Management Conference and
participate in Mandatory Mediation.

(Effective 7/1/02; revised 1/1/06; revised 1/1/11; revised and reformatted 1/1/25)

6.3 Short Cause Trials

Short cause cases shall be assigned a date certain at the time of the Case Management Conference. Counsel must be prepared for trial on the date set. No continuances will be granted except upon a showing of good cause. While requests for continuance may be presented by stipulation and order (or upon regularly noticed motion or, where appropriate ex parte application) mere stipulation of the parties, without a showing of good cause, will not necessarily result in a continuance. (Effective 7/1/02; revised 7/1/24.)

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6.4 Long Cause Trials

Long cause cases shall be assigned a date certain at the time of the Case Management Conference. Counsel must be prepared for trial on the date set. No continuances will be granted except upon a showing of good cause. While requests for continuance may be presented by stipulation and order (or upon regularly noticed motion or, where appropriate ex parte application) mere stipulation of the parties, without a showing of good cause, will not necessarily result in a continuance. (Effective 7/1/02; revised 7/1/03 and 7/1/24.)

6.5 Trial Procedures

A. Exhibits. All exhibits, except for those anticipated in good-faith to be used solely
for impeachment purposes, must be exchanged between counsel no later than five
(5) court days prior to the Trial Management Conference.

Unless otherwise ordered by the Court, all exhibits the parties intend to introduce
at trial, except those to be solely used for impeachment purposes, must be marked
by counsel as exhibits and lodged with the Court on the date of the Trial
Management Conference. Marking consists of placing the exhibit tag on the
exhibit with the case number written on the bottom center of the tag.
Plaintiffs/petitioners must use tags designated “Plaintiff” or “Petitioner”.
Defendants/respondents must use tags designated “Defendant” or “Respondent”.
The parties may mark joint exhibits, which shall be designated “Joint”.

The parties shall meet and confer and agree on the manner of marking their
exhibits. Options include, but are not limited to the following:
plaintiffs/petitioners mark their exhibits numerically and defendants/respondents
mark their exhibits alphabetically (more than one letter per exhibit is not
permitted); the use of numerals in which each party is allocated a block of
numbers to be used sequentially, e.g., plaintiff may be allocated numbers 1 to 200,
the first defendant numbers 201 to 400, and the second defendant numbers 401 to
600; the use of deposition exhibit numbers. Documentary exhibits consisting of
more than one page must be internally paginated in sequential numerical order to
facilitate reference to the document during interrogation of witnesses. If there are
questions concerning the manner of marking exhibits, please contact the
appropriate judicial officer’s judicial assistant.

The parties shall meet and confer regarding the authenticity and admissibility of
exchanged exhibits. All exhibits that the parties agree are authentic and
admissible shall be identified on a “Joint Exhibits List.” The Joint Exhibits List
shall bear the following statement:

“The parties hereby stipulate and agree that the exhibits identified on this Joint Exhibits List are authentic and admissible at trial in the action.”

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The Joint Exhibits List must be signed by counsel for all parties and shall be filed with the Court no later than two (2) court days prior to the date of the Trial Management Conference.

At the Trial Management Conference, parties shall also submit to the Court an index of exhibits with their corresponding numbers or letters. If the trial date is continued, the parties shall retain possession of their own exhibits until the next scheduled Trial Management Conference.

(Revised 7/1/11; revised 1/1/17; revised 1/1/23)

B. Witness Lists. The parties shall, no later than five (5) court days prior to the Trial Management Conference, exchange a list of all witnesses they anticipate calling at trial, except for those anticipated in good-faith to be called solely for impeachment purposes. Witness lists must be filed prior to the Trial Management Conference. Witness lists shall include a brief description of the anticipated testimony of each witness.

C. Trial Brief. Trial briefs are required for all jury trials (regardless of estimated duration), and for all bench trials with an estimated duration of two or more days. Trial briefs, when required, must be filed and served on all other parties to the action no later than three Court days prior to the Trial Management Conference.

Trial briefs shall be limited to eight pages. The Contents of the brief shall include:

(1) A brief summary of the case;

(2) A statement of any issues that need to be resolved at trial;

(3) Any legal arguments on which a party intends to rely; and

(4) Any other matters determined by the judge to be necessary and provided to the parties in writing. (Revised 7/1/24 and 1/1/26.)

D. Motions In Limine. All motions in limine must be in writing and filed with the Clerk of the Court no later than ten (10) court days prior to the Trial Management Conference. Oppositions to motions in limine shall be filed at least five (5) court days before the Trial Management Conference. The Court shall have the discretion to strike (i.e., not consider) late-filed motions and oppositions. No oral motions in limine will be considered by the Court.

In addition to the requirement of Local Rule 3.3, each party shall provide the Court, no later than noon on the Monday prior to the Trial Management

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Conference (or Tuesday where that Monday is a Court Holiday), with courtesy copies of each of that party’s motions in limine, any oppositions thereto, and all declarations in support of the motion and opposition. Said courtesy copies shall be submitted in one or more three-ring binder(s) with binder tabs separating each motion and document relating thereto. Upon agreement, the parties may submit a single binder or set of binders containing all parties’ motions in limine. (Revised 1/1/17 and 1/1/26.)

E. Jury Instructions. The parties should meet and confer regarding jury instructions prior to the Trial Management Conference. The parties should prepare an agreed upon joint list of jury instructions and each should prepare a separate list of those instructions that a party requests (without the agreement of the other party). All proposed jury instructions must be filed with the clerk of the Court no later than the Trial Management Conference. If a party wishes to present appropriate points and authorities concerning an instruction, a separate copy must be provided to the Court. The jury instructions must be completed with all blanks filled in and all bracketed portions either stricken or the brackets eliminated. (Revised 1/1/17 and 7/1/24.)

F. Statement of the Case. For a jury trial, the parties must, in advance of the Trial Management Conference, meet and confer for the purpose of agreeing upon a brief non-argumentative summary of the factual nature of the case that will be

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read to the jury. The agreed upon Statement of the Case is to be lodged with the Clerk of the Court no later than the Trial Management Conference. (Effective 1/1/17)

(This section/all subsections effective 7/1/02 unless otherwise noted, and all those subsections revised 7/1/04; further revisions to each subsection are noted; deletions from this section 1/1/16; subsections lettered 1/1/17)

6.6 Administration of Civil Litigation

6.6.1 Service of Complaint

Upon the filing of a Complaint, the plaintiff shall receive the following from the clerk for service upon the parties:

1. Notice of Case Management Conference indicating the courtroom,
date, and time of conference. The Case Management Conference will be set
within 180 days of the filing date of the original Complaint. The Court may
continue this date if necessary to comply with Government Code section 68616.

2. An ADR Information Sheet.

A. Forms with Summons and Complaint and Return of Proof of Service. The
plaintiff shall serve the Summons and Complaint, which must be served together
with a Notice of the Case Management Conference and the ADR Information
Sheet promptly after the pleading is filed. Proof of service shall be filed with the
Court within ten (10) days of this service. The ADR Sheet need not be served on
any defendant in any civil action brought by the District Attorney or the Attorney
General in the name of the People of the State of California.

B. New Parties in Cross-Complaint. If a Cross-Complaint names new parties, the
cross-complainant shall serve copies of the Notice of Case Management
Conference and the ADR Information Sheet on the new parties at the same time
that the Cross-Complaint is served.

(Effective 7/1/02; revised 7/1/20)

6.6.2 Mandatory Settlement Conferences

For all Civil actions other than Unlawful Detainer, in addition to requirements of California Rules of Court, rule 3.1380(c), each party shall, no later than 10 calendar days prior to the scheduled conference, submit to the Court and serve on each other a Settlement Conference Statement that must include a statement of the factual and legal contentions in dispute, a list of all special damages claimed, copies of documentary evidence pertinent to settlement, the highest previous offer and the lowest previous demand, the date when the last face-to-face or telephonic

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settlement discussion was held between all parties, and a statement as to any special problems relating to settlement such as lack of or disputed insurance coverage. While the Court places no page limit on Settlement Conference Statements, given the time constraints on the Court, the parties should make every effort to submit statements no longer than 25 pages in length. Similarly, while parties are encouraged to include copies of evidence pertinent to settlement with their Settlement Conference Statements, the inclusion of voluminous compendia of exhibits is cumbersome, wasteful, and not conducive to the settlement process.

It is the policy of the Court to encourage settlements at any stage of the proceedings and the civil master calendar judge may, at the request of a party to the action, set a cause for a Voluntary Settlement Conference on any date convenient to the Court and counsel.

(Effective 7/1/02; revised 1/1/06; revised 1/1/07, 1/1/24 and 7/1/24.)

6.6.3 Cases Stayed Under California Rule of Court 3.650(d)

Once notification is received regarding said stay, the Court shall issue an Order to Show Cause re Removed Case with a review date approximately 180 days from the date of notification. (Effective 7/1/02)

6.7 Requests for Hearing Continuances and Taking Matters Off Calendar

A. Hearing Continuances. Requests for continuance of hearings shall be made by
presenting to the clerk’s office a stipulation signed by all counsel and self -
represented parties and the required fees. No hearing will be continued without
written order of the Court, and for good cause shown, after the third court day
before the hearing date. No matters will be continued after announcement of a
tentative ruling thereon, except by order of the Court for good cause.

B. Taking Matters Off Calendar. A matter may be taken off calendar by the
moving party no later than the third court day before the hearing, and thereafter
only by order of the judge who was to hear the matter. Any request for relief by
the party responding to the matter will remain set for hearing unless continued or
withdrawn by that party.

(Effective 1/1/16)

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6.8 Uninsured Motorist Cases

An action for personal injury or property damage against an uninsured defendant may be designated an “uninsured motorist case” upon application of the plaintiff filed within 30 days of the commencement of the action. Upon the filing of such an application, the Court will set a hearing date 180 days from the date of the designation, to allow for arbitration pursuant to Government Code section 68609.5. At the hearing, the action will be dismissed (without prejudice) unless the Court, for good cause, extends the time for resolution of the case. (Effective 7/1/02; revised 7/1/03; renumbered 1/1/06)

6.9 Motions for Summary Judgment/Adjudication

Hearings on Motions for Summary Judgment/Adjudication shall be set only on Thursdays and Fridays at 9:30 a.m. Failure to do so may result in a continuance. (Effective 1/1/24)

6.10 Hearings Exceeding 15 Minutes

A. If any hearing on a regularly noticed motion exceeds 15 minutes, the Court shall
have the authority to continue said hearing to a different date when the Court has
adequate time to hear extended argument. (Effective 7/1/03; renumbered 1/1/06;
renumbered 7/1/17)

B. Any regularly noticed motion for which oral argument is expected to exceed 30
minutes, shall be set on a Thursday or Friday at 9:30 am. The moving party shall
include, in the Notice of Motion, reference to this Rule, and an estimate for the
anticipated length of argument. The Court may continue said hearing to a
different time and/or date when the Court has adequate time to hear extended
argument.

6.11 Attorney Fees in Default Proceedings

A. Limited and Unlimited Jurisdiction Defaults. Whenever the obligation sued
upon provides for the recovery of attorney fees, the fee in each default civil case,
whether unlimited or limited jurisdiction (and excluding unlawful detainers) shall
be fixed pursuant to the following schedule:

$500.00 Minimum
20 percent up to $5,000
15 percent of next $10,000
10 percent of next $25,000
5 percent above $40,000

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Any party seeking attorney fees in excess of those provided for herein shall
submit a declaration to the Court, substantiating the extraordinary fees.

B. Unlawful Detainers. For default unlawful detainer actions, the default amount
for attorney fees shall be $600.00. Any party seeking attorney fees in excess of
those provided for herein shall submit a declaration for submission to the Court,
substantiating the extraordinary fees. (Revised 7/1/15)

(Effective 7/1/03; renumbered 1/1/06; revised 7/1/12; renumbered 7/1/17)

6.12 Requests for Extension of Time to File

A party requesting an extension of time to file a return of summons, responsive pleading, default judgment, or any other required pleading shall submit a Judicial Council Ex Parte Application for Extension of Time to Serve Pleading (Form CM-020). (Effective 7/1/08; revised 1/1/12; renumbered 7/1/17; revised 1/1/18)

6.13 Appointment of Elisor

A party seeking the appointment of an elisor shall comply with Local Rule 7.13. (Effective 1/1/18)

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RULE 7: FAMILY LAW PROCEEDINGS

7.1 Scope

Rule 7 pertains to all family law matters, including those related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, the Domestic Partnership Act, and guardianships of the person. (Effective 7/1/02; revised 7/1/11; revised 1/1/17)

7.2 Calendar Assignments

Dissolution/custody matters in which at least one party is represented by counsel are calendared in the master family law department, separate from all other family law matters, including dissolution/custody matters in which both parties are self-represented. The dates, times, departments, and judicial assignments for these calendars may be found on the Court’s website at http://www.napa.courts.ca.gov. (Effective 7/1/11; revised 1/1/17)

7.3 Proof of Service

Proof of timely service should be filed with the clerk no later than two (2) calendar days before the date set for hearing. Parties should retain a file-stamped copy of the proof of service to provide the Court in the event the original has not yet been placed in the Court file. (Effective 7/1/07; revised and renumbered 7/1/11; renumbered 1/1/17)

7.4 Family Law Case Management

A. Policy. It is the policy of the Napa Superior Court that all family law cases initiated
will be managed to expedite resolution of the case, reduce the cost of litigation, and
focus on early settlement. These rules relating to the administration of family law
actions apply to all actions for dissolution, nullity, legal separation of spouses in a
marriage or partners in a domestic partnership, actions to establish parental
relationship, and such other cases assigned to the program by the family law judge
filed after January 1, 2007. (Effective 7/1/07; revised 7/1/08; revised and
lettered 7/1/11)

B. Forms to be Issued by Clerk Upon Filing of Petition. Upon the filing of a case
subject to Family Law Case Management, the petitioner shall receive two (2)
copies of the Notice of Family Law Case Management. This document provides
the parties with notice of the date, time, and location of the Family Law Case
Management Conference. It also highlights the dates by which the required
documents should be filed and served. (Effective 7/1/07; revised 7/1/08;
renumbered 1/1/11; revised and renumbered 7/1/11; revised 1/1/17)

C. Service of Summons and Petition -- Forms to be Served on Other Party. The
petitioner shall serve the following documents on the opposing party:

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1. Summons, Petition, and, if applicable, petitioner’s completed
Declaration Under Uniform Child Custody Jurisdiction Enforcement Act.

2. Notice of Family Law Case Management.

(Effective 7/1/07; revised 7/1/08; renumbered 7/1/11; renumbered 1/1/17)

D. Case Management Conferences.

1. Calendar. The first Family Law Case Management Conference will
be held at least one year after the filing of the Petition by a petitioner represented by
counsel, and at least one year after the filing of the Petition by a self-represented
petitioner, unless a judgment resolving all issues has been entered prior to the
Family Law Case Management Conference. Once a date has been set for a Family
Law Case Management Conference, it cannot be changed without a showing of
good cause. (Effective 7/1/07; revised 1/1/11; revised 1/1/17; revised 1/1/21)

2. Appearance Mandatory. Appearance at the Family Law Case
Management Conference is mandatory. The case is subject to dismissal if both
parties fail to appear at the Family Law Case Management Conference. (Effective
1/1/11; revised & renumbered 7/1/11; revised 1/1/21)

3. Service of Case Management Conference Report. Each represented
party must file and serve a Family Law Case Management Conference Report (or
jointly file one report) at least five (5) calendar days prior to the Family Law Case
Management Conference. Represented parties shall use the Napa Superior Court’s
mandatory Family Law Case Management Conference Report, a local form
available on the Court’s website at http://www.napa.courts.ca.gov. Use of the local
form is optional for unrepresented parties. (Effective 7/1/07; revised & relettered
7/1/08; revised 1/1/11; renumbered 7/1/11; revised 1/1/21)

4. Purpose. At the first Family Law Case Management Conference,
the Court will review the status of the case, discovery plans, settlement options,
alternative dispute resolution, and unresolved issues. The Court may also make
further orders that the Court deems necessary, consistent with Family Code sections
2032(d) and 2450. (Effective 7/1/07; revised & relettered 7/1/08; revised 7/1/11;
revised 1/1/17)

(Subsection renumbered 7/1/08; renumbered 1/1/11; renumbered 7/1/11; renumbered
1/1/17)\

(Section effective 7/1/07; revised 7/1/08; renumbered 7/1/11; renumbered 1/1/17)

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7.5 Ex Parte Matters

A. Filing/Scheduling. Ex parte applications involving matters within the scope of this
rule must be filed at the civil division filing counter by 10:00 a.m. for a judicial
decision to be issued the same day on the papers alone, or for the matter to be
placed on calendar the following court day. No drop box filing is allowed.
(Effective 7/1/11; revised 1/1/17)

By 3:00 p.m. each court day a Family Law Ex Parte Status Information page will be
posted on the Court’s website at http://www.napa.courts.ca.gov indicating, as to
each matter filed by 10:00 a.m. that day, whether a decision has been made on the
papers, or whether the matter will be placed on calendar for clarifying questions at
11:30 a.m. the following court day. (Effective 7/1/15; revised 1/24)

B. Notice. To satisfy the requirement of filing a declaration of notice, the applicant
may use or follow the format of the Declaration re Notice of Ex Parte Hearing, a
local form available on the Court’s website at http://www.napa.courts.ca gov.
(Effective 7/1/11; revised 7/1/15; revised 1/1/17)

C. Orders. Orders issued on ex parte requests will be available for pick up from the
civil division by 3:00 p.m. the day the orders are issued (Effective 7/1/15; revised
1/24)

(Section renumbered 1/1/17)

7.6 Master Family Law Calendar

The Master Family Law Calendar is heard on the first judicial day of each week for the purpose of setting substantive hearings, generally later in the same week. All parties to a case are expected to collectively meet and confer by no later than noon on the Court day preceding the Master Family Law Calendar to discuss: (1) whether the matter on calendar is ready to proceed to hearing or there will be a request or a stipulation to continue the matter in which case the parties should decide who will prepare and submit the stipulation pursuant to subdivisions (C) and (D) of this Rule; (2) the time estimate for matters that are ready to be heard; (4) the overlapping, mutual availability of all parties to participate in the hearing; and (5) a mutually-agreeable continuance date in the event the Court is unable to accommodate the matter for hearing that week. (Effective 1/1/24.)

At the Master Family Law Calendar call, counsel or self-represented parties shall state their names, appearances, whether moving or responding, and an accurate time estimate for the hearing on the matter of issues not agreed upon, including preliminary statements, testimony, and closing

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comments. The Court will assign all matters to a department on a date and time certain within that calendar week subject to availability. Counsel and the parties must be prepared to proceed at the time of hearing.

The Court will grant priority, where possible, to matters where special circumstances exist (e.g., out-of-town counsel or parties, witnesses under subpoena or present in court). At the calendar call, the Court will give preference to stipulations, requests for continuances, and uncontested matters. Matters set for hearing on the master calendar will be continued only in accordance with subsection D.

A. Conflict With Other Court Appearance. Counsel are expected to arrange for
coverage or to arrange continuances with the Court and all parties or counsel for
parties in the event of calendar conflicts. (Effective 7/1/02; renumbered 7/1/07;
renumbered 1/1/11; revised and renumbered 7/1/11)

B. Setting Trials. After the filing of an At-Issue Memorandum & Certificate of
Readiness, the Court will place the matter on the master calendar for setting of trial.
The mandatory local form is available on the Court’s website at
http://www.napa.courts.ca.gov. The Court will provide notice to the parties.
(Effective 7/1/11; revised 7/1/17)

C. Matters Taken Off Calendar. After service of the moving papers, no matter shall
be taken off calendar without stipulation or notice to the responding party or
attorney and the Court. The moving parties or their attorneys must notify the civil
division immediately by telephone in the event the matter will not proceed to
hearing. This notification should be followed by a written transmittal signed by the
party and/or the attorney confirming that the matter is to be taken off calendar with
a copy to opposing counsel or the party. (Effective 7/1/02; renumbered 7/1/07;
renumbered 1/1/11; renumbered 7/1/11)

D. Continuances. After service, three (3) continuances, not counting those needed
for further child custody and visitation mediation, may be obtained by agreement
upon payment of the continuance fee. Additional continuances may not be by
stipulation but only by appearance and order of the Court upon a showing of good
cause. (Effective 7/1/02; revised and renumbered 7/1/07; revised 7/1/08;
renumbered 1/1/11; revised and renumbered 7/1/11)

1. Stipulations. If a written stipulation for a continuance and fee is
received by 1:00 p.m. one (1) court day before the Master Family Law Calendar,
the court date will be continued by the Court in accordance with the stipulation
and no appearances are necessary at the Master Family Law Calendar. (Effective
7/1/11; revised 1/1/13)

2. Special Set Hearings. No continuances will be granted for those
matters specially set. Rather, the parties must drop and re-file the matter. If the

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matter has settled, the parties must appear in court and announce the stipulation
on the record or provide the court with a written stipulation.

3. Special Set Long Cause (More Than One Day) Hearings.
Continuances shall only be granted upon a showing of good cause upon a
properly noticed motion to continue.

4. Fees. If a stipulation is filed, both parties shall split the
continuance fee unless otherwise agreed. If one side requests a continuance, the
requesting party pays the continuance fee. There is no fee if the continuance is
for further child custody and visitation mediation or if minor’s counsel requests
the continuance. There is no fee for a party who has been granted a fee waiver.

5. Use of Form FL-6. Parties are encouraged to use FL-6, Family
Law Stipulation and Order, to facilitate compliance with this rule. The optional
local form is available on the Court’s website at http://www.napa.courts.ca.gov.
(Effective 1/1/20)

(All sections/subsections without parenthetical history effective 7/1/11; section renumbered 1/1/17)

7.7 Hearings - General

A. Presence of Parties and Attorneys. If a party or attorney cannot appear because
of illness, extreme economic hardship, or other good cause, that party or attorney
must immediately contact the other party and every reasonable effort shall be made
to continue the hearing. In the absence of a negotiated continuance or settlement,
the party must file a declaration detailing the communication or attempted
negotiations with the other party and a request for a reasonable continuance.
(Revised 1/1/17; revised 7/1/20)

B. Failure to Appear. Failure of the moving party or attorney to be present at the
calendar call or to have informed the clerk of their presence shall result in the
matter being removed from the calendar, and if the responding party has appeared,
attorney fees and costs may be awarded to the appearing party. In the event the
responding party fails to appear, the Court may continue the matter and award
attorney fees or enter an order on the pleading and testimony of the moving party.
(Revised 7/1/20)

C. Tardiness. If for any reason an attorney or party is unable to be present at the time
of the calendar call, the Court and opposing party must be notified immediately by
telephone of the reasons for, and the extent of, such delay.

D. Calling the Case. At the hearing, the moving party or the moving party’s attorney
will be asked to state the issues. The responding party will be asked to concur in
moving party’s statement of issues and to state any additional issues. Attorneys are

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expected to be thoroughly prepared to answer the questions of the Court concerning the facts of the case and cite applicable statutory and case law if an unusual or contested point of law is involved. Live testimony will be received or disallowed in accordance with Family Code section 217. (Subsection relettered 1/1/17)

(Section/all subsections effective 7/1/02 and revised 7/1/06 and 7/1/08; section renumbered 1/1/11; revised 7/1/11; subsection deleted 1/1/17; section renumbered 1/1/17)

7.8 Settlement Conferences

A. Mandatory Settlement Conferences. All long-cause matters (estimated to take
more than one day) shall be set for a mandatory Settlement Conference.
(Effective 1/1/11)

B. Voluntary Settlement Conferences. A Settlement Conference may be held upon
request of both parties and with the approval of the Court. The Settlement
Conference shall be calendared on the Master Family Law Calendar, either by
motion or upon request of both counsel at the Family Law Case Management
Conference. The Settlement Conference will be assigned to a department on a date
and time certain within that calendar week subject to availability. Each party and
the attorney for each party must personally attend the Settlement Conference unless
specifically excused by the Court. A voluntary Settlement Conference should not
be calendared until the case is adequately prepared and ready for a meaningful
Settlement Conference. (Effective 7/1/02; revised and renumbered 1/1/11; revised
and renumbered 7/1/11)

C. Discovery. Discovery must be completed not later than five (5) court days prior to
the Settlement Conference, except upon order of Court for good cause.
(Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/16)

D. Meet and Confer Requirement. The parties or their attorneys must meet and
confer in good faith, in person or telephonically, no later than two (2) court days
before the Settlement Conference in an attempt to resolve issues, stipulate to facts,
and delineate the issues remaining for resolution at the Settlement Conference.
(Effective 7/1/11; renumbered 1/1/16)

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E. Settlement Conference Statements.

1. Time Requirements. At least two (2) court days before the Master
Family Law Calendar from which the Settlement Conference is to be assigned, or
at least five (5) calendar days before a specially set Settlement Conference, each
party must prepare, lodge with the Court, and serve on the other party a
Settlement Conference Statement as set forth below. If service is by mail, an
additional five (5) calendar days’ notice is required. (Effective 7/1/02; revised
and renumbered 1/1/07; renumbered 1/1/11; revised and renumbered 7/1/11)

2. Contents.

a. Caption. The caption shall contain the time and Master
Family Law Calendar date and trial date if set. (Effective 7/1/02;
revised 1/1/07; renumbered 1/1/11; revised and renumbered 7/1/11)

b. Income and Expenses. In all cases where support or attorney
fees is in issue, a current Judicial Council Income and Expense Declaration
shall be prepared, signed, and dated. In addition, all income and other
financial information as required by Local Rule 7.11 shall be attached.
(Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; revised 1/1/17)

c. Assets & Liabilities. In all cases where property issues
(characterization, division, and/or valuation) are unresolved, each party
must prepare a comprehensive inventory of all assets (real and personal)
and liabilities claimed by the parties to be community property and/or
community debt. This inventory can either be typed on applicable Judicial
Council forms, or may be prepared in any form which contains
substantially the same information as set forth on the Judicial Council
forms.
The parties must attach to their Settlement Conference Statements copies
of the completed inventory assets and liabilities forms indicating their
claim to values and proposal for division of the property.

In all cases where the characterization of real or personal property of the
parties (whether community or separate) or reimbursement for
contributions to the community from a separate property source is in issue,
the parties must set forth all of the facts upon which their claims are based
and cite appropriate legal authorities for each of those claims.

(Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; renumbered 7/1/11)

d. Contentions About Child and Spousal Support. Both
parties shall specify their contentions as to the amount of child support and
amount and duration of spousal support. Include calculations showing

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guideline child support. If any child is a recipient of public assistance, and
the Department of Child Support Services is the assignee of the support,
the statement shall show that the Department of Child Support Services
has been notified of the time and date of the Settlement Conference and
provided copies of all pertinent, current financial documents (i.e., Income
and Expense Declarations, support calculations, etc.). (Effective 7/1/11)

e. Contentions About Attorney Fees, Accountant Fees, Expert
Fees, and Costs. Both parties shall include in their statement their position
regarding requests for attorney and accountant fees, other expert fees, and
court costs. Where appropriate, such requests shall be supported by
adequate documentation. (Effective 7/1/11)

(Relettered 1/1/16)

(Section renumbered 1/1/17)

7.9 Trial Exhibits

See Local Rule 6.5, “Trial Procedures”. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/17)

7.10 Child Custody and Visitation

A. Mediation.

1. Mandatory Mediation. Every Request for Order or motion
concerning custody and visitation shall include the following order: “The parties
are ordered to attend orientation and mediation prior to the court hearing.”
(Effective 1/1/99; renumbered 1/1/11; revised and renumbered 7/1/11; revised
7/1/12; revised 1/1/13; revised 1/1/17)

2. Orientation Class. Prior to child custody/visitation mediation, each
party is ordered to complete an online orientation class scheduled by Family
Court Services. Only those parties who completed the orientation within five (5)
years prior to the mediation session are exempt from attending this orientation.
(Effective 7/1/11; revised 1/1/17)

3. Attendance and Participation of Parties. The Court may sanction
any party who fails to attend orientation or mediation. Sanctions may include, but
are not limited to, monetary fines, denial of relief sought, dismissal of the Request
for Order or motion, entry of substantive orders, or contempt. (Effective 7/1/11;
revised 7/1/12)

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4. Non-Recommending Confidential Mediation. The Napa Superior

Court utilizes non-recommending confidential mediation, subject to recommendation exceptions permitted by law. (Effective 7/1/11; revised 1/1/17)

5. Attendance and Participation of Interpreters in Mediation. A

neutral person who is fluent in both English and the party’s native language may interpret for a party in mediation if there is no mediator available to conduct the mediation in that party’s native language. Individuals who serve in this capacity will be required to sign a confidentiality agreement. In no case may a minor child of the parties serve as an interpreter. (Effective 7/1/11; renumbered 1/1/17)

6. Agreement of the Parties. If an agreement is reached in mediation,

the mediator will prepare a written agreement. Parties will approve the agreement before leaving the mediation session. Attorneys will have an opportunity to review and approve, or disapprove, the agreement. If the agreement is approved by the parties’ attorneys, or if no objection is received within 10 days of sending the agreement to the attorney or attorneys of record, the agreement will be presented to the Court for approval and will become a court order once signed by the Court. (Effective 7/1/11; renumbered 1/1/17; revised 1/1/21, 1/1/24.)

7. Same-Day Mediation. Where the Court determines that there is an

urgent need for mediation, the parties may be referred for same-day mediation. These sessions are limited in time and focus on the single issue identified by the Court. (Effective 7/1/11; renumbered 1/1/17) 8. Subsequent Mediation. Without first filing a Request for Order or a motion, parties may return to mediation within one (1) year of the date of the original mediation referral if both parties are willing to participate.

a. Each party must contact Family Court Services to schedule a
date and time for the mediation, and file a Stipulation for Subsequent
Mediation. The mandatory local form is available on the Court’s website at
http://www.napa.courts.ca.gov.

b. The Court or Family Court Services, in its discretion, may
waive mediation if a Request for Order or a motion is filed following an
unsuccessful subsequent mediation.

(Effective 7/1/11; revised 7/1/12; revised 7/1/16; revised and renumbered 1/1/17; revised 7/1/17)

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9. Mediation Complaints and Requests for New Mediator.
Complaints regarding a mediator are handled as follows:

Complainant shall complete a form provided by Family Court Services and
mail or deliver it to the Court Executive Officer.

The Court Executive Officer or that officer’s designee ("investigator") will
conduct an investigation of the matter including consultation with the
mediator(s) assigned to the case. Within 15 days, the investigator will
determine whether to replace the challenged mediator, add a second
mediator to the case, or take no action. The date and action will be recorded
by the investigator and the complainant will be informed promptly in
writing. The investigator’s decision is final.

(Effective 7/1/11; revised 7/1/13; renumbered 1/1/17; revised 7/1/20)

B. Complaints Regarding Appointed Counsel for the Child

Complaints regarding the conduct of or procedures employed by counsel for minor children appointed by the Court are handled as follows:

Complainant shall complete a form provided by Family Court Services and mail or deliver it to the Court Executive Officer. A copy of the complaint must be provided to all parties.

The Court Executive Officer or that officer’s designee (“investigator”) will conduct an investigation of the matter including consultation with the minor’s counsel assigned to the case. Within 15 days, the investigator will determine whether to replace the challenged minor’s counsel or take no action. The date and action will be recorded by the investigator and minor’s counsel, the complainant, and all (other) parties will be informed promptly in writing. The investigator’s decision is final.

(Effective 1/1/99; revised and renumbered 1/1/11; revised and renumbered 7/1/11; revised 1/1/23; revised 1/1/25)

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C. Court-Ordered Child Custody Evaluations

1. Peremptory Challenges. The parties and minor’s counsel are each
permitted one peremptory challenge to a child custody evaluator appointed by the
Court. Unless waived, a peremptory challenge must be made within five (5) court
days of notice of the appointment. Minor’s counsel appointed after the expiration
of the time allowed to the parties to make a peremptory challenge under this rule
may not make a peremptory challenge to the evaluator.

2. Withdrawal From a Case. An evaluator may request to withdraw
from a case by delivering a written declaration demonstrating good cause under
penalty of perjury to the judicial officer assigned to the case and must give copies
of the request to all parties and minor’s counsel. Any objections to the request to
withdraw must be filed with the Court and served on the evaluator, all parties, and
minor’s counsel within ten (10) days’ notice of the request to withdraw. After
time for filing of objections to the request to withdraw has expired, the Court
may, upon a finding of good cause, grant the request to withdraw, deny the
request, or set a noticed hearing to resolve the issue.

3. Complaints Regarding Evaluators. Complaints regarding the
conduct of, or procedures employed by, a private child custody evaluator must be
made in writing to the Supervising Family Law Judge and/or the Court Executive
Officer. A copy of the complaint must be provided to the evaluator, all parties,
and to any minor’s counsel. The Court must determine what action, if any, to take
including whether the complaint should be referred to the appropriate professional
licensing board. (Effective 7/1/11; revised 1/1/17)

4. Requests for Removal of Evaluator. A request for the removal of
an evaluator must be made by noticed motion filed the case, and served on the
evaluator, all parties, and minor’s counsel, if applicable. (Effective 7/1/11;
revised 1/1/17)

5. Ex Parte Communications. Unless there is a stipulation, ex parte
communication by counsel with the evaluator is prohibited, except to schedule
appointments. An attorney for a party or minor’s counsel must not provide the
evaluator with documents pertaining to the case without first providing the other
side and minor’s counsel, if any, with a copy of the documents.

6. Locating Qualified Private Child Custody Evaluator. The Court
has prepared an information sheet on how to find qualified child custody
evaluators. (See Appendix A)

(All sections/subsections without parenthetical history, effective 7/1/11; subsection deleted 1/1/17; section renumbered 1/1/17)

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7.11 Requirements in Financial Matters.

A. Disclosure of Income Tax Returns. Parties shall bring a copy of their most
recent federal tax return to the hearing. In addition, when child, family, or
spousal support is requested, a party may require the opposing party to provide
copies of both state and federal income tax returns pursuant to Family Code
section 3552. A request for tax returns must be made no later than 10:00 a.m. five
(5) court days before the hearing. Copies of the tax returns including all
schedules, W-2s, 1099s and K-1s must be provided to the requesting party or
counsel the earlier of five (5) court days after the request or 10:00 a.m. two (2)
court days before the hearing. Tax returns served pursuant to this rule must not be
filed with the Court except as provided in Family Code section 3552.

B. Child and Temporary Spousal Support Guidelines. The Court uses the
xSpouse™ computer program to calculate guideline child support (except in
Department of Child Support Services enforcement actions) and temporary
spousal support. In calculating temporary spousal support, the Court uses the
“Santa Clara” formula as contained within the xSpouse™ computer program.

C. Request for Attorney Fees.

1. Attorney Declaration. Any request for attorney fees or costs in
excess of $2,000 must be accompanied by a factual declaration completed by the
attorney. The declaration must state the attorney’s hourly rate, the amount of fees
already paid, the source of payment for fees already paid, the amount of fees due
and payable, how fees requested were or will be spent, and identification of a
source for payment of the fees. The declaration shall further state such facts as
may be relevant to the Court’s determination of the reasonableness of the fees.

2. Bifurcation Re: Fees and Costs. Where counsel requests fees
pursuant to Family Code section 271, the Court will defer any decision until all
other issues have been determined and will not receive an attorney's declaration
relating thereto until commencing consideration of the attorney fee issue.

D. Request for Expert Fees. Any request for expert fees must be accompanied by a
factual declaration completed by the expert. The declaration must state the
expert’s hourly rate, the scope of the expert’s task, and an estimate of the number
of hours required to complete the task.

(This section/all subsections effective 7/1/11; deletions from this section 1/1/17; section renumbered and all subsections lettered 1/1/17)

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7.12 Family Law Facilitator

The Napa County Superior Court has established an office of family law facilitator for self- represented parties. The Court will make referrals to the family law facilitator as appropriate. By this rule, the Court designates and establishes in the office of the family law facilitator all the duties prescribed or permitted by the Family Law Facilitator Act, Family Code section 10000, et seq. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/17)

7.13 Appointment of Elisor

A. Request for Order. 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. (A
record of the clerk of the Court and its designees authorized to sign the order can be
obtained from the Court Executive Office.

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.

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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 Court
Executive Officer 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.

(Effective 7/1/16; renumbered 1/1/17)

7.14 Child Support: Default Procedure for NCDCSS Standard Enforcement Orders.

The Court will grant the Napa County Department of Child Support Services’ (“NCDCSS”) motion for “standard health insurance and additional page orders” (“Standard Enforcement Order”) in all Title IV-D cases NCDCSS administers/enforces unless a timely opposition to the motion is filed with the Court. “Timely” is defined as 9 court days prior to the hearing date under Code of Civil Procedure section 1005, subdivision (b). If a timely objection to the motion is filed, the matter will proceed to a hearing.

If no timely objection to the motion is filed, NCDCSS may submit the proposed order to the Court no earlier than 8 court days prior to the scheduled hearing. The Court will enter the order on a default basis and vacate the hearing date. Minor changes will not cause a proposed order to fall outside the ambit of this rule.

If relief other than the Standard Enforcement Order is sought in the motion, and no opposition is filed timely, only the Standard Enforcement Order will be granted pursuant to this rule.

If NCDSS seeks to invoke the default procedure in this rule, a motion for Standard Enforcement Order must include a written warning that the failure to file a timely opposition will result in the Court granting the motion by default. The motion must include the following language: “If opposition to the requested standard health insurance and additional page orders is not filed at least 9 court days prior to the scheduled hearing, the Court will grant the motion by operation of

rule 7.14 of the Local Rules for the Superior Court of the State of California, County of Napa.”

The language contained in the Standard Enforcement Order is reflected on NCDCSS’ website. NCDCSS shall advise the Court of any changes to the language contained in the Standard Enforcement Order. NCDCSS shall not request relief under this rule using updated language until the Court has approved any changes.

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NCDCSS shall not seek relief under this rule if it has actual knowledge of a service defect relating to the motion.

(Effective 1/1/23)

7.15 Automatic Application and Enrollment for Title IV-D Services for New Child Support Orders and Opt-Out

A. Applicability. This rule applies to all child support orders the Court issues after the rule’s effective date.

B. Definitions. “Child support order,” “local child support agency,” and “Title IV-D” are defined as set forth in Family Code section 17000.

C. Automatic Enrollment. All new child support orders will be designated automatically as applications for enrollment in Title IV-D services. This automatic designation enables the local child support agency to provide necessary services and entitles child support recipients to enforcement services through the local child support agency without a separate application or enrollment.

D. Notification. Upon issuance of a new child support order, the Court or the local child support agency will orally inform the parties of the automatic application and enrollment for Title IV-D services and the benefits available through the local child support agency. The local child support agency will make efforts to have information available in the courtroom for distribution to the parties such as the California Child Support Services Publication 301 (https://childsupport.ca.gov/publications/).

E. Service Integration. The local child support agency is responsible for coordinating services related to the child support order, including payment processing, enforcement actions, and communication with the parties.

F. Evaluation. The local child support agency shall review the effectiveness of this rule annually to assess its impact on child support collections and enforcement actions.

G. Opt-Out. The party ordered to receive support may opt-out of the automatic application and enrollment for Title IV-D services for new child support orders. The party ordered to receive support may opt-out (1) orally or in writing at the time the order is made, or (2) by filing a voluntary closure with the local child support agency after the order is made. No opt-out or voluntary closure is permitted if the party ordered to receive support has assigned the right to support to the county pursuant to Welfare and Institutions Code section 11477, except as permitted by law.

(Effective 1/1/2025.)

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Superior Court of California, County of Napa

RULE 8: ADOPTION PROCEEDINGS

8.1 Adoption Hearings

Adoption hearings will be scheduled at the request of petitioner or counsel on any probate court appearance calendar. All proposed reports, orders, accounting, agreements, consents, and other pleadings required by law shall be on file prior to scheduling a hearing. (Effective 1/1/99)

8.2 Access to Adoption Files

Pursuant to Family Code section 9200, applicants seeking access to adoption files shall set forth a detailed factual showing sufficient to establish good cause approaching the necessitous. Applicants shall use the Petition to Inspect Adoption Records, a mandatory local form available on the Court’s website at http://www.napa.courts.ca.gov. (Effective 7/1/93; revised 7/1/08, 1/1/12, 1/1/13, and 7/1/24.)

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Superior Court of California, County of Napa

RULE 9: PROBATE

Except as otherwise specified by these rules, the procedures set forth in California Rules of Court and the Probate Code govern all probate proceedings. (Effective 7/1/02)

9.1 Preparation of Orders

All motions and petitions must be accompanied by a proposed Order or Letters. (Effective 7/1/02; renumbered 1/1/11)

9.2 Probate Calendar

A. Timing. The Court hears probate matters with Civil Law & Motion, Tuesdays through Fridays, except days immediately following a Court Holiday, at 8:30 a.m. in Departments A and B of the Historic Courthouse, unless otherwise noted.

B. Routine Unopposed Matters. Routine, unopposed probate matters are generally approved by tentative ruling without appearance by counsel. For approved matters, the Court will file the Order and/or Letters Counsel requiring return of endorsed copies by mail must submit a pre-addressed stamped envelope. Nothing herein alters the provisions of Local Rule 2.9. Any party wishing to present oral argument in response to a tentative ruling may do so pursuant to the requirements of Local rule 2.9.

C. Contested Matters. If a Probate Petition is objected to, or opposed, the matter will not proceed to evidentiary hearing on the initially set hearing date. The parties will be required to appear at the initially set hearing prepared to discuss whether:

1. Any further opposition is anticipated;
2. The parties intend to submit on verified pleadings and affidavits (see Evangelho v. Presoto (1998) 67 Cal.App.4th 615, 620);
3. Any discovery or other pre-hearing practice is anticipated; and,
4. The parties are willing to participate in alternative dispute resolution proceedings.

Should any party desire an evidentiary hearing, the parties should also be prepared to provide the Court with an estimate for the length of the hearing and to set the hearing on the Court’s calendar. (Effective 7/1/02; renumbered 1/1/11, 1/1/24; revised 1/1/26.) 9.3 Matters Requiring Appearance

The following probate matters require appearance of counsel or parties at the hearing:

A. Application for appointment of conservator;

B. Termination of conservatorship (other than by death of the conservatee);

C. Contested matters;

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D. Other matters at the request of the Court.

(Effective 7/1/02; renumbered 1/1/11)

9.4 Guardianship Investigations – Mandatory Orders – Local Forms

Every petition for appointment of a guardian of the minor shall be accompanied by a proposed order for investigation, using the appropriate Napa Superior Court mandatory form, which can be found on the Court’s website at http://www.napa.courts.ca.gov. A copy of the signed order for investigation must be served on Child Welfare Services within two (2) court days of being signed by a judicial officer. (Effective 7/1/12; revised 1/1/13)

9.5 Conservatorship Investigations – Standing Orders

The Napa Superior Court Probate Investigator is hereby appointed to investigate all conservatorship matters for which a court investigation report is required by law. To avoid this automatic appointment, a petition to waive appointment must be filed. (Effective 7/1/12; revised 1/1/17, 1/1/24.)

9.6 Costs

Costs must be itemized. However, up to a total of $200.00 in “miscellaneous costs” for duplication or telephone calls or the like by the personal representative or the attorney may be approved without itemizing. (Effective 7/1/93; renumbered 1/1/11; renumbered 7/1/12)

9.7 Compensation of Attorneys, Conservators, Guardians, Trustees, and Requests for Extraordinary Fees

A. No compensation for conservators or guardians or their legal counsel, or for
extraordinary fees, shall be paid without prior Court approval. The Court will
review such fee petitions in accordance with the provisions of California Rules of
Court, rules 7.702, 7.703, and 7.750, et seq. Pursuant to California Rules of Court,
rule 7.751(b), all petitions for orders fixing and allowing compensation to a
guardian or conservator or their legal counsel must comply with California Rules of
Court, rule 7.702.

B. When court approval is needed for compensation to a trustee, the amount will be
determined in accordance with the provisions of Probate Code section 15680,
et seq., and California Rules of Court, rule 7.776. Generally, a fee of one percent of
the market value of the trust assets will be considered the reasonable compensation
for ordinary trustee services, although the Court will entertain requests for a higher
rate of compensation. If a trustee seeks additional compensation for extraordinary
services, the trustee must provide the Court with a detailed description of the

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extraordinary services rendered and the amount of additional compensation
requested.

C. A party may aid the Court in its determination of just and reasonable compensation
for trustees, conservators, guardians, or their legal counsel by filing in advance of
the hearing a statement addressing factors that may be considered by the Court such
as those provided in California Rules of Court, rules 7.756 and 7.776.

(Effective 7/1/02; revised 7/1/09; renumbered 1/1/11; renumbered 7/1/12; revised 1/1/18)

9.8 Preliminary Distributions

Petitions for preliminary distributions must include a statement as to why the estate may not now be closed. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/12; renumbered 1/1/17)

9.9 Payment of Court Investigator Fees

Pursuant to Probate Code sections 1513.1 (guardianships), the Court shall make an assessment for any investigation or review conducted by the Court Investigator, and shall order reimbursement to the Court for the amount of the assessment, unless the Court defers or waives reimbursement based on a showing of hardship. Payment of the assessed court investigator fee is due before the initial hearing date on any matter for which a court investigation was conducted. Failure to make timely payment will not delay approval of any petition or accounting, but will result in the matter being referred to the Court’s monetary collection program.

If the guardian or other person liable for payment of the assessment believes the fees should be deferred or waived due to hardship, the subject petition shall include a request for deferral or waiver and shall set forth facts establishing a hardship.

(Effective 7/1/09; revised 1/1/10; renumbered 1/1/11; renumbered 7/1/12; revised 1/1/16; renumbered 1/1/17)

9.10 Hearing Dates for Conservatorships and Guardianships

Unless the Court orders otherwise, a hearing date shall be set generally no sooner than 45 calendar days after the filing date to allow time for preparation of the Court Investigator’s report, unless a temporary guardianship or conservatorship is granted ex parte, in which case the hearing shall be set within 30 days. (Prob. Code, § 2250, subd. (1)) (Effective 7/1/16; renumbered 1/1/17; revised 7/1/20)

9.11 Requests for Evidentiary Hearing

A party requesting an evidentiary hearing in any Probate Matter should make such request as soon as practicable (e.g. the initial petition/notice of hearing or objection/opposition or at the first hearing conducted on the subject petition). (Effective 1/1/24; revised 7/1/24)

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9.12 Motions for Summary Judgment/Adjudication

Hearings on Motions for Summary Judgment/ Adjudication shall be set only on Thursdays and Fridays at 9:30 a.m. Failure to do so may result in a continuance. (Effective 1/1/24)

9.13 Application of Civil Local Rules to Probate Contested Hearings

In addition to all other applicable Local Rules, Local Rule numbers 6.2, subdivisions (A) and (B), 6.3, 6.4, and 6.5 shall apply in contested Probate matters in which a party has requested an evidentiary hearing and any party estimates that said hearing will require more than one day to complete.

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RULE 10: JUVENILE COURT RULES

10.1 Competency Requirements for Counsel

A. Attorneys who represent parties in juvenile court dependency proceedings shall
meet the minimum standards of training and/or experience set forth in California
Rules of Court, rule 5.660(d)(3). Attorneys of record for a party to a dependency
matter who have not been previously certified under these rules, and who believe
they meet the minimum standards of competency, shall, within ten (10) days of
their first appearance in a dependency matter, complete and submit to the Court
Executive Officer of the Court a memorandum certifying that they meet the
standards of competence as set forth in California Rules of Court,
rule 5.660(d)(3). (Revised 7/1/20)

B. Attorneys who meet the minimum standards of training and/or experience as set
forth here and as confirmed by the memorandum of certification submitted to the
Court shall be deemed competent to practice before the juvenile court in
dependency cases except as provided in subdivision C of this rule.

C. Notwithstanding the submission of a memorandum certifying that the attorney has
met the minimum standards for training and/or experience, the Court may
determine, based on conduct or performance of counsel before the Court in a
dependency case, that a particular attorney does not meet minimum competency
standards. In such a case, the Court will proceed under rule 10.2(D).

D. The Court Executive Officer is responsible for maintaining and monitoring
memoranda of certification for accuracy and compliance with renewal
requirements and for maintaining a roster of attorneys who meet the requirements
of this rule. Appointments may only be made from the most up-to-date roster.
Attorneys must submit updated certification attesting to completion of continuing
education as required by California Rules of Court, rule 5.660(d)(3).

E. In the case of an attorney who maintains a principal office outside of this county,
proof of certification by the juvenile court of the California county in which the
attorney maintains an office shall be sufficient evidence of competence to appear
in a juvenile proceeding in this county. (Revised 7/1/20)

(Effective 7/1/02; revised 7/1/05; revised 1/1/07; revised and renumbered 1/1/12)

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10.2 Minimum Standards of Education and Training

A. Attorneys appearing in a dependency matter before the juvenile court shall not
seek certification and shall not be certified by the Court as competent until the
attorney has completed the minimum training and educational requirements set
forth in California Rules of Court, rule 5.660(d)(3), including continuing
education as required, and provided evidence of completion to the Court
Executive Officer as provided in rule 10.1(A).

B. When a certified attorney fails to submit evidence of completion of at least the
minimum required training and education to the Court by the due date, the Court
must notify the attorney of decertification. That attorney shall have 20 days from
the date of the mailing of the notice to submit evidence of completion of the
required training or education. (Revised 7/1/20)

C. After initial certification by the Court, attorneys shall submit a new certificate of
competence to the Court at least every three (3) years. Attorneys shall attach to
the renewal certificate of competence evidence that they have satisfied the
continuing education requirements of California Rules of Court, rule 5.660(d)(3).
(Revised 7/1/20)

D. If the attorney fails to submit the required evidence or fails to complete the
required minimum hours of continuing training or education, or the Court makes a
finding under rule 10.1(C), the Court must order, except in cases where a party is
represented by retained counsel, that certified counsel be substituted for the
attorney who fails to complete the required training. In the case of retained
counsel, the Court must notify the party that retained counsel has failed to meet
the minimum standards required by these rules. The determination whether to
obtain substitute counsel shall be solely within the discretion of the party so
notified, except for child’s counsel, who may be removed by the Court. (Revised
7/1/20)

(Effective 7/1/02; revised and renumbered 1/1/12)

10.3 Standards of Representation

A. Attorneys are expected to meet with the client(s) in person before each
substantive hearing, including the attorney for a child who is at least four (4)
years old, unless this is impracticable. The meeting with the child should, unless
impracticable due to distance from Napa, take place at the child’s placement. The
attorney for a child is also expected to contact the child’s caretaker (if other than a
parent) before each substantive hearing. Periodic review hearings are substantive.

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B. Attorneys are expected to complete, file, and serve all necessary forms, including
health questionnaire, ICWA, paternity, and waiver of rights (if appropriate),
before, or the same day as, the jurisdictional hearing, and to promptly file and
serve change of address and contact information for the client.

(Effective 7/1/02; revised and renumbered 1/1/12)

10.4 Caseload Standards

Attorneys appointed to represent children must take care to ensure they can adequately and competently represent clients in a manner consistent with the requirements of Welfare and Institutions Code section 317(c), California Rules of Court, rule 5.660, and these rules. Any attorney who is unable to meet these requirements because of the size of the attorney’s caseload or the demands of a particular case or cases, must notify the juvenile court judge that the attorney is unable to accept any new cases. Further, said attorney must move to be relieved as attorney of record in any existing case in which the attorney cannot provide adequate and competent representation. Upon an adequate showing, the Court must appoint substitute counsel for the child. (Effective 7/1/02; revised 1/1/07; renumbered 1/1/12; revised 7/1/20)

10.5 Procedures for Reviewing and Resolving Complaints

A. Parties to a juvenile court proceeding may lodge a written complaint with the
Court concerning the performance of their appointed attorney in a juvenile court
proceeding. In the case of a complaint concerning the performance of an attorney
appointed to represent a child, the complaint may be lodged on the child’s behalf
by the social worker, a caretaker relative or a foster parent, or CASA. (Revised
7/1/20)

B. The Court shall review a complaint within ten (10) days of receipt. If the Court
determines that the complaint presents reasonable cause to believe that the
attorney may have failed to act competently or has violated local rules, the Court
shall notify the attorney in question of the complaint, shall provide the attorney
with a copy of the complaint, and shall give the attorney 20 days from the date of
the notice to respond to the complaint in writing.

C. After a response has been filed by the attorney or the time for submission of a
response has passed, the Court shall review the complaint and the response, if
any, to determine whether the attorney acted contrary to local rules 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. If, after reviewing the complaint, the response, and any additional information,
the Court finds that the attorney acted contrary to the rules of the Court, the Court

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may reprove the attorney, either privately or publicly, and may, in cases of willful
or egregious violations of local rules, issue such reasonable monetary sanctions
against the attorney as the Court may deem appropriate.

E. If, after reviewing the complaint, the response, and any additional information,
the Court finds that the attorney acted incompetently, the Court may order that the
attorney practice under the supervision of a mentor attorney for a period of at least
six (6) months, or that the attorney complete a specified number of hours of
training or education in the area in which the attorney was found to have been
incompetent, or both. In cases in which the attorney’s conduct caused actual
harm to the client, the Court shall order that competent counsel be substituted for
the attorney found to have been incompetent, and may, in the Court’s discretion,
refer the matter to the State Bar of California for further action. (Revised 7/1/20)

F. The Court shall notify the attorney and the complaining party in writing of its
determination of the complaint. If the Court makes a finding under subdivision E
or F, the attorney shall have ten (10) days after the date of the notice to request a
hearing before the Court concerning the Court’s proposed action. If the attorney
does not request a hearing within that period of time, the Court’s determination
shall become final.

G. If the attorney requests a hearing, the attorney shall serve a copy of the request on
the complaining party. The hearing shall be held as soon as practicable after the
attorney’s request therefore, but in no case shall it be held more than 30 days after
it has been requested except by stipulation of the parties. The complainant and
the attorney shall each be given at least ten (10) days’ notice of the hearing. The
hearing may be held in chambers. The hearing shall not be open to the public.
The Court may designate a commissioner, referee, judge pro tempore, or any
qualified member of the bar to act as hearing officer.

H. At the hearing, each party shall have the right to present arguments to the hearing
officer with respect to the Court’s determination. Such arguments shall be based
on the evidence before the Court at the time the determination was made. No new
evidence may be presented unless the party offering such evidence can show that
it was not reasonably available to the party at the time the Court made its initial
determination with respect to the complaint. Within ten (10) days after the
hearing, the Court or hearing officer shall issue a written determination
upholding, reversing, or amending the Court’s original determination. The
hearing decision
shall be the final determination of the Court with respect to the matter. A copy of
the hearing decision shall be provided to both the complainant and the attorney.

(Effective 7/1/02; revised and renumbered 1/1/12)

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10.6 Court-Appointed Special Advocate (CASA)

The juvenile court may appoint a Court-Appointed Special Advocate (CASA) to represent the interests of dependent or delinquent children. In order to qualify for appointment, the CASA representative must be trained by and function under the auspices of the CASA program formed and operating under the guidelines established by the California Judicial Council, as consistent with those guidelines established by the National Court Appointed Special Advocate Association and California law. (Welf. & Inst. Code § 100; Cal. Rules of Court, rule 5.655) The CASA program shall report regularly to the presiding judge of the juvenile court with evidence that it is operating pursuant to these guidelines. (Effective 7/1/05; revised 1/1/07; renumbered 1/1/12)

10.7 CASA Reports

In any case in which the Court has ordered the appointment of a CASA representative, CASA must file reports with the Court and serve counsel and CPS at least two (2) court days before each of the following hearings: six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (366.26 hearing); and post-permanency planning reviews. If CASA was appointed before the establishment of jurisdiction, CASA may submit a report to the Court at least two (2) court days before the jurisdiction/disposition hearing. The content of the report must be limited to the current condition of the child and needed services; jurisdictional issues must not be addressed. (See, Cal. Rules of Court, rule 5.655(k)(5)) Only counsel and assigned social workers are entitled to receive copies of CASA reports. Relatives, de facto parents, foster parents, and service providers are not entitled to receive copies of CASA reports. The reports will be copied and distributed by CASA. (Effective 7/1/05; revised 1/1/07; renumbered 1/1/12)

10.8 Administration of Psychotropic Medication for Dependents or Wards of the Court

A. Upon the initial filing of a Judicial Council Application Regarding Psychotropic
Medication and a Judicial Council Order Regarding Application for
Administration of Psychotropic Medication, the clerk shall immediately send a
copy of the Application to the consulting psychiatrist who is a member of the
consulting group authorized by the Administrative Office of the Courts. The
Court shall, upon request, provide the consulting physician’s report to those
persons or agencies listed in California Rule of Court, rule 5.640.

B. For dependents and wards, Child Welfare Services or probation shall send notices
of the Application in a manner conforming to California Rules of Court,
rule 5.640, to the persons or agencies listed therein.

C. Upon receipt of the Application, the Court within seven (7) court days shall approve or set a hearing if the Court disapproves or provisionally approves, the Application. The hearing shall be scheduled within ten (10) court days of the

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denial or provisional approval of the Application, with written, electronic, or telephonic notice at least two (2) calendar days before the hearing to the persons and agencies listed in California Rules of Court, rule 5.640.

D. Any objections to the Application must be lodged by submission of a Judicial Council Opposition to Application regarding Psychotropic Medication within two (2) court days of receiving notice. Upon receipt of any opposition, the Court may in its discretion deny the Opposition and approve the Application without a hearing, or provisionally approve the Application, or deny the Application. If the Court provisionally approves or denies the Application, the Court will set the matter for a hearing within ten (10) court days, providing written, telephonic, or electronic notice to those listed in California Rules of Court, rule 5.640, at least two (2) calendar days before the hearing.

E. Any approved Application will remain in effect for 180 days, or unless modified or terminated by the Court prior to the expiration of the Court order to administer the psychotropic medication.

F. A new Application Regarding Psychotropic Medication, deemed an initial Application, must be filed if a physician prescribes a new medication, or a dosage for the same medication listed in the initial Application that exceeds the variance permitted by the initial prescription. The rules pertaining to an initial Application will apply.

G. The clerk shall, for all approved initial Applications (and those under subdivision F) calendar the matter for a Court oral report from the social worker or probation officer for review of any adverse reaction to the medication(s), the child’s view of the effects, and the effectiveness of the medication in treating the child’s symptoms. The oral report calendar setting will take place no later than 45 days after the Court’s approval of the Application.

H. An Application that renews the medication with the same prescription will follow the procedures stated for an initial Application, including notice and referral to a consulting physician, but will not be calendared for the 45-day review.

I. The clerk shall send notice of the court oral report calendar setting to those persons or agencies stated in California Rules of Court, rule 5.640, after the initial Application is approved and at least ten (10) days before the oral report hearing.

J. In an emergency, the treating physician may prescribe psychotropic medication without prior court authorization, but the treating physician must submit an initial Judicial Council Order Regarding Application for Psychotropic Medication within two (2) court days following administration of the medication. Thereafter, the Court and other agencies will follow the procedures in California Rules of Court, rule 5.640, and this local rule as for an initial Application.

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K. The Court may contact the prescribing or consulting physician to obtain
additional information. The Court will, upon request, inform all persons and
agencies listed in California Rules of Court, rule 5.640, as to any additional
information obtained.

L. The prescribing physician may terminate the prescription at any time, without
further notice to the Court. The prescribing physician shall immediately notify
the child’s social worker or probation officer when the medication is
discontinued.

M. The prescribing and consulting physicians are encouraged to communicate with
each other to offer or receive additional information and to resolve any
disagreements.

(Effective 1/1/12)

10.9 Remote Appearances in Juvenile Justice (Delinquency)

A. All Juvenile Justice hearings shall be set for in-person appearances unless
otherwise permitted by the Court pursuant to the procedures set forth in this Local
Rule. Although the Court has the technology available to allow for remote
appearances, the Court has found that there are limitations to the technology that
hinders the effective management and resolution of confidential Juvenile Justice
hearings, including the attorneys’ ability to effectively represent their clients, and
the court interpreters’ ability to provide effective language access to court users.
(See Cal. Code Civ. Proc. § 367.75(b)(2)(5) and (6).)

B. The Court will consider allowing a person’s remote appearance for Juvenile
Justice hearings when there is a showing that an in-person appearance will impede
access to justice or other good cause.

C. Notice of the need to appear remotely and the reason for the requested exception
shall be provided to the Court in one of three ways: (1) at the time the hearing is
set; (2) by advising Juvenile Probation by calling (707) 243-4361 at least one
business day in advance of the hearing; or (3) by oral request via remote
appearance at the time of the hearing when advanced notice cannot reasonably be
provided.

D. The person requesting an exception to the in-person requirement who did not
obtain permission at the time the hearing is set shall appear remotely at the
scheduled hearing at which time the Court will consider any objections and
determine whether to allow the remote appearance to proceed or to require an in -
person appearance upon continuation of the hearing to a later date/time.

(Effective 4/18/22; Revised 6/28/22)

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RULE 11: APPELLATE DIVISION

11.1 Applicable Rules

Except as modified by this section, the California Rules of Court on appeals to the Superior Court (commencing with rule 8.800) apply to the appellate division. (Effective 7/1/09)

11.2 Presiding Judge

The presiding judge of the appellate division is designated annually by the chairperson of the Judicial Council. (Effective 7/1/93; renumbered 1/1/06; renumbered 7/1/09; revised 1/1/12)

11.3 Sessions

The appellate division will convene at least once each month at a time and place designated by the presiding judge of the appellate division. (Effective 7/1/93; renumbered 1/1/06; renumbered 7/1/09; revised 1/1/12)

11.5 Applications

Any applications involving matters pending before the appellate division shall be presented to the appellate division presiding judge. All applications shall be heard at 11:30 a.m., by appointment only. The appointment shall be set by calling the clerk of the appellate division. The applicant shall give opposing parties or counsel at least 24 hours’ notice of the hearing, unless the nature of the application precludes such notice, and the Court for good cause waives notice. (Effective 7/1/02; renumbered 1/1/06; revised 7/1/08; revised and renumbered 7/1/09)

11.6 Use of Court File Instead of Clerk’s Transcript

A. In an appeal from a limited civil case, an appellant may elect to use the original
trial court file as the record on appeal in lieu of a clerk’s transcript, pursuant to
California Rules of Court, rule 8.833. An appellant electing to use the trial court
file in a limited civil appeal must provide notice of the election when designating
the record on appeal, pursuant to California Rules of Court, rule 8.831.

B. In misdemeanor appeals, the Court has elected to use the original trial court file in
lieu of a clerk’s transcript, pursuant to California Rules of Court, rule 8.863.

C. In infraction appeals, the Court has elected to use the original trial court file in
lieu of a clerk’s transcript, pursuant to California Rules of Court, rule 8.914.

(Effective 7/1/09; revised 1/1/18)

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11.7 Use of Official Electronic Recording

A. In an appeal from a limited civil case in which the proceedings were officially
recorded electronically in accordance with California Rules of Court, rule 8.835,
the original recording or a copy prepared by the Court may be transmitted as the
record of oral proceedings without being transcribed in lieu of a reporter’s
transcript or settled statement if ordered by the trial court pursuant to California
Rules of Court, rule 8.837(d)(6)(A).

B. In an appeal from a misdemeanor case in which the proceedings were officially
recorded electronically in accordance with California Rules of Court, rule 8.868,
the original of the recording or a copy prepared by the Court may be transmitted
as the record of the oral proceedings without being transcribed in lieu of a
reporter’s transcript or settled statement if ordered by the trial court pursuant to
California Rules of Court, rule 8.869(d)(6)(A).

C. In an appeal from an infraction case in which the proceedings were officially
recorded electronically in accordance with California Rules of Court, rule 8.917,
the original recording or a copy made by the court may be transmitted as the
record of the oral proceedings without being transcribed in lieu of a reporter’s
transcript or settled statement if ordered by the trial court pursuant to California
Rules of Court, rule 8.916(d)(6)(A).

(Effective 7/1/09; revised 7/1/18)

11.8 Participating Judges

Pursuant to Code of Civil Procedure section 77, appellate division cases will be heard and decided by a three-judge panel, except for appeals from convictions of traffic infractions, which will be heard and decided by the presiding judge of the appellate division. Should the presiding judge of the appellate division be unavailable, the most senior judge of the appellate division will hear and decide an appeal from conviction of a traffic infraction. (Effective 1/1/12; revised 1/1/16)

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LIST OF LOCAL FORMS

Local Forms by Form Number

Form Form Name Mandatory/ Eff/Rev No. Optional Date AD-1 Petition to Inspect Adoption Records and Order Mandatory 4/17/17 CR-10 Arraignment Form (Statement of Rights) Mandatory 1/1/20 CR-11 Advisement and Waiver of Right to Counsel (Faretta Waiver) Mandatory 7/1/20 CR-20 Plea Form Mandatory 7/1/20 CR-21 Plea Form – Attachment One (Additional Charges) Mandatory 1/1/18 CR-22 Plea Form – Attachment Two (DUI & Wet Reckless Consequences) Mandatory 1/1/18 CR-23 Plea Form – Attachment Three (Suspended License Consequences) Mandatory 1/1/18 CR-24 Pretrial Drug Diversion Program Agreement Mandatory 7/1/20 CR-25 Plea Form – Attachment Five (Deferred Entry of Judgment Driving Mandatory 7/1/20 Program) CR-26 Plea Form – Attachment Six (General Misdemeanor Deferred Entry of Mandatory 7/1/20 Judgment Program) CR-27 Misdemeanor Plea Form Mandatory 7/1/20 CR-28 Plea in Absentia Mandatory 1/1/18 CR-29 Domestic Violence Plea Form With Waiver of Rights (Misdemeanor) Mandatory 1/1/18 Attachment CR-30 Notice of Hearing – Reimbursement of Assigned Counsel Mandatory 1/1/18 CR-40 Own Recognizance & Bail Agreement Mandatory 3/2/20 CR-50 Time Waiver Mandatory 1/1/18 CR-51 Waiver of Personal Presence Mandatory 7/1/20 CR-52 DUI Court Trial Waiver Mandatory 7/1/20 CR-53 DUI Court Waiver of Personal Presence Mandatory 1/1/18 CR-60 Criminal Motion (Self-Represented Defendants Only) Optional 1/1/18 CR-70 Deferred Entry of Judgment Order (General Misdemeanor) Mandatory 7/1/20 CR-71 Pretrial Drug Diversion Order (Penal Code § 1000) Mandatory 7/1/20 CR-72 Deferred Entry of Judgment Order (Driving Program) Mandatory 5/23/22 CR-73 Pre-Plea Misdemeanor Diversion Order (Penal Code §1001.95). Mandatory 1/1/23 CR-74 Pre-Plea Diversion Advisement (Penal Code §1001.95). Mandatory 1/27/21 CR-80 Probation Order Mandatory 7/1/21 CR-81 Attachment to Probation Order (Proposition 36) Mandatory 1/1/18 CR-82 Misdemeanor Probation Order Mandatory 1/1/18 CR-90 Request for Military Diversion; Advisal and Waiver of Rights Mandatory 1/1/18 CR-91 Order for Military Diversion Mandatory 7/1/20 CR-92 Order for Diversion Evaluation (Pen. Code § 1001.22) Mandatory 7/1/20 CR-93 Order for Diversion (Pen. Code § 1001.20, et seq.) Mandatory 7/1/20 CR-100 Declaration and Order to Revoke Probation (Post Court Services) Mandatory 1/1/18 CR-101 Declaration and Order to Terminate Diversion/Drug Diversion Mandatory 1/1/18 CR-110 Notice of Failure to Remand & Order Mandatory 1/1/18 CR-120 Motion to Modify Ignition Interlock Device Order Mandatory 11/17/22 CR-130 Instructions for Preparing Expungements Optional 5/26/22 CR-131 Petition for Dismissal: Transmittal and Agency Review Mandatory 5/1/17 FL-1 At Issue Memorandum & Certificate of Readiness Mandatory 4/17/17 FL-2 Case Management Conference Report Mandatory/ 1/1/21 Represented Optional/ Self-Represented

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FL-3 Declaration Re: Notice for Ex Parte Hearing Optional 4/17/17

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FL-4 Ex Parte Application and Order to Be Relieved As Attorney of Record for Optional 4/17/17 Minor FL-5 Stipulation for Subsequent Mediation Mandatory 7/1/17 FL-6 Family Law Stipulation & Order Optional 1/1/20 GU-1 Order for Court Investigation Regarding Appointment of Relative Mandatory 7/1/20 Guardian(s) GU-2 Order for Investigation of Non-Relative Guardian(s) by Health & Human Mandatory 7/1/20 Services, Child Welfare Division GU-3 Order for Investigation by Relative Guardian(s) by Health & Human Mandatory 4/17/17 Services, Child Welfare Division NC-1 Request for Court Reporter Services Mandatory 1/1/19 SC-1 Declaration of Judgment Debtor for Entry of Satisfaction of Judgment Optional 7/1/20 (Small Claims)

Local Forms by Form Name

Form Name Form Mandatory/ Eff/Rev No. Optional Date Advisement and Waiver of Right to Counsel (Faretta Waiver) CR-11 Mandatory 7/1/20 Arraignment Form (Statement of Rights) CR-10 Mandatory 1/1/20 At Issue Memorandum & Certificate of Readiness FL-1 Mandatory 4/17/17 Attachment to Probation Order (Proposition 36) CR-81 Mandatory 1/1/18 Case Management Conference Report FL-2 Mandatory/ 1/1/21 Represented Optional/ Self-Represented Criminal Motion (Self-Represented Defendants Only) CR-60 Optional 1/1/18 Declaration and Order to Revoke Probation (Post Court Services) CR-100 Mandatory 1/1/18 Declaration and Order to Terminate Diversion/Drug Diversion CR-101 Mandatory 1/1/18 Declaration of Judgment Debtor for Entry of Satisfaction of Judgment SC-1 Optional 7/1/20 (Small Claims) Declaration Re: Notice for Ex Parte Hearing FL-3 Optional 4/17/17 Deferred Entry of Judgment Order (Driving Program) CR-72 Mandatory 5/26/22 Deferred Entry of Judgment Order (General Misdemeanor) CR-70 Mandatory 5/25/22 Domestic Violence Plea Form With Waiver of Rights (Misdemeanor) CR-29 Mandatory 1/1/18 Attachment DUI Court Trial Waiver CR-52 Mandatory 7/1/20 DUI Court Waiver of Personal Presence CR-53 Mandatory 1/1/18 Ex Parte Application and Order to Be Relieved As Attorney of Record for FL-4 Optional 4/17/17 Minor Family Law Stipulation & Order FL-6 Optional 1/1/20 Instructions for Preparing Expungements CR-130 Optional 5/26/22 Misdemeanor Plea Form CR-27 Mandatory 7/1/20 Misdemeanor Probation Order CR-82 Mandatory 7/3/23 Motion to Modify Ignition Interlock Device Order CR-120 Mandatory 11/17/22 Notice of Failure to Remand & Order CR-110 Mandatory 1/1/18 Notice of Hearing – Reimbursement of Assigned Counsel CR-30 Mandatory 1/1/18 Order for Court Investigation Regarding Appointment of Relative GU-1 Mandatory 7/1/20 Guardian(s) Order for Diversion (Pen. Code § 1001.20, et seq.) CR-93 Mandatory 7/1/20 Order for Diversion Evaluation (Pen. Code § 1001.22) CR-92 Mandatory 7/1/20

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Order for Investigation by Relative Guardian(s) by Health & Human GU-3 Mandatory 4/17/17 Services, Child Welfare Division Order for Investigation of Non-Relative Guardian(s) by Health & Human GU-2 Mandatory 7/1/20 Services, Child Welfare Division Order for Military Diversion CR-91 Mandatory 7/1/20 Own Recognizance & Bail Agreement CR-40 Mandatory 3/2/20 Petition for Dismissal: Transmittal and Agency Review CR-131 Mandatory 5/1/17 Petition to Inspect Adoption Records and Order AD-1 Mandatory 4/17/17 Plea Form CR-20 Mandatory 7/1/20 Plea Form – Attachment Five (Deferred Entry of Judgment Driving CR-25 Mandatory 7/1/20 Program) Plea Form – Attachment One (Additional Charges) CR-21 Mandatory 1/1/18 Plea Form – Attachment Six (General Misdemeanor Deferred Entry of CR-26 Mandatory 7/1/20 Judgment Program) Plea Form – Attachment Three (Suspended License Consequences) CR-23 Mandatory 1/1/18 Plea Form – Attachment Two (DUI & Wet Reckless Consequences) CR-22 Mandatory 1/1/18 Plea in Absentia CR-28 Mandatory 1/1/18 Pretrial Drug Diversion Order (Pen. Code § 1000) CR-71 Mandatory 7/1/20 Pretrial Drug Diversion Program Agreement CR-24 Mandatory 7/1/20 Probation Order CR-80 Mandatory 7/1/21 Request for Military Diversion; Advisal and Waiver of Rights CR-90 Mandatory 1/1/18 Request for Court Reporter Services NC-1 Mandatory 1/1/19 Stipulation for Subsequent Mediation FL-5 Mandatory 7/1/17 Time Waiver CR-50 Mandatory 1/1/18 Waiver of Personal Presence CR-51 Mandatory 7/1/20

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Superior Court of California, County of Napa

APPENDIX A

Locating A Qualified Private Child Custody Evaluator

The information provided in this document may be used to help parties find a private child custody evaluator who is qualified under the law to be appointed by the Napa Superior Court. A child custody evaluator appointed by the court assists the court in determining the health, safety, welfare, and best interests of children with regard to disputed custody and visitation issues. The court does not maintain a list of qualified private evaluators nor does it endorse, supervise, or monitor any particular child custody evaluator.

A private child custody evaluator can be one of four types of mental health professionals. These mental health professionals may be located by searching the Internet or telephone book, or by getting a referral from family, friends, or a family law attorney.

Websites that may be useful include: Napa-Solano Psychological Association www.napapsychologists.org; California Board of Behavioral Sciences www.bbs.ca.gov; California Board of Psychology www.psychboard.ca.gov; American Association for Marriage and Family Therapy www.aamft.org; California Association of Marriage and Family Therapists www.camft.org; American Psychological Association www.apa.org; and the American Psychiatric Association www.psych.org. Keep in mind that belonging to or being certified or licensed by a professional organization does not necessarily mean the individual is qualified under California law to act as a child custody evaluator in the family court.

The legal qualifications and responsibilities for a private child custody evaluator are extensive and are primarily set forth in the Family Code including sections 3110.5, 3111, 3118, 1815, and 1816. Also, see Evidence Code section 730, and California Rules of Court, rules 5.220, 5.225, and 5.230. You can access California statutes at www.leginfo.ca.gov, and California Rules of Court at www.courts.ca.gov/rules

It is the responsibility of the parties to ensure that a private child custody evaluator meets or exceeds the legal qualifications for a court-appointed evaluator and to verify an evaluator’s credentials. The court does not endorse, evaluate, supervise, or monitor private child custody evaluators nor does the court verify their legal qualifications or credentials. (Revised 7/1/20)

The court does, however, require that all private child custody evaluators appointed by the court sign a Judicial Council “Declaration of Private Child Custody Evaluator Regarding Qualifications” under penalty of perjury, and file it with the court within ten days of the appointment, attesting to the fact that they meet all the licensing, education, training, and experience requirements mandated by California law. This form may be found at www.courts.ca.gov/forms.

The following is a summary of the legal requirements for an individual to be appointed by the court as a private child custody evaluator:

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Superior Court of California, County of Napa

Licensing Requirements

A qualified private child custody evaluator must be licensed as: (1) a physician who is either a board certified psychiatrist or has completed a residency in psychiatry; (2) a psychologist; (3) a marriage and family therapist; (4) a clinical social worker; or (5) if there are no licensed or certified evaluators who are willing and available within a reasonable period of time to perform a child custody evaluation, the parties may stipulate, with court approval, to an unlicensed individual.

Education and Training Requirements

A private child custody evaluator must have completed 40 hours of education and training in 21 specific topics set forth in California Rules of Court, rule 5.225(d). This education and training must be completed after January 1, 2000, through an eligible provider by either (a) attending and participating in an approved course, or (b) serving as an instructor in an approved course. A child custody evaluator must also complete eight hours of annual update training under rule 5.225(h). All education and training must be completed through an eligible provider as described in rule 5.225(m).

Domestic Violence Training

In addition to the requirements described in rule 5.225(d), child custody evaluators must comply with the basic and advanced domestic violence training requirements described in California Rules of Court, rule 5.230, and Family Code section 1816. This includes 16 hours of advanced training within a 12-month period, which must include 12 hours of instruction in 16 categories described in the rule. Evaluators must also complete four hours of update training annually in specified areas of domestic violence described in the rule. All domestic violence training must be through eligible provider as set forth in rule 5.230(e) and Family Code section 1816.

Experience Requirements

Persons appointed as child custody evaluators must have participated in the completion of at least four partial or full court appointed child custody evaluations within the preceding three years, as described in rule 5.225(g). Each of the four child custody evaluations must have resulted in a written or oral report. There are specific experience requirements for pre-2009 evaluators and new requirements effective January 1, 2010, set forth in rule 5.255(g).

(Effective 7/1/11)

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Superior Court of California, County of Napa

ALPHABETICAL INDEX

Topic Rule Page

A Access to Adoption files 8.2 33 Adoption Hearings 8.1 33 Adoption Proceedings 8 33 Administration Administrative Authority 2.2 2 Court Organization 2 2 Policy Making Authority 2.1 2 Administration of Civil Litigation 6.6 17 Appellate Division 11 44 Appeals Applicable Rules (Appellate Division) 11.1 44 Applications (Appellate Division) 11.5 44 Briefs (Appellate Division) 11.4 44 Participating Judges (Appellate Division) 11.8 45 Presiding Judge (Appellate Division) 11.2 44 Sessions (Appellate Division) 11.3 44 Use of Court File Instead of Transcript (Appellate Division) 11.6 44 Use of Official Electronic Recording (Appellate Division) 11.7 45 Appearance Procedure (Telephonic Appearances) 2.8.B 5 Applications for Ex Parte Orders (scheduling) 2.5 3 Civil 2.5.A 3 Family Law 7.5.A 22 Family Law/Juvenile/Guardianships 2.5.B 3 Probate 2.5.C 3 Unavailability or Disqualification 2.5.D 4 Appointment of Elisor Appointment of Elisor (Civil) 6.12 19 Appointment of Elisor 7.13 31 Request for Order 7.13.A 31 Mandatory Information Supporting Declaration(s) 7.13.B 31 Mandatory Language in Proposed Order 7.13.C 31 Mandatory Additional Requirements 7.13.D 31 Order Granted 7.13.E 32 Attorney Fees Attorney Fees in Default Proceedings 6.10 19 Compensation of Court-Appointed Counsel and Investigators 2.7 4 Request for Attorney Fees (Family Law) 7.11.C 30

Index - 1

Superior Court of California, County of Napa

Audio Recording Audio and Video Recording and Transmission 2.15 9

B Briefs (Appellate Division) 11.4 44

C Calendars Calendar (Family Law Case Management Conferences) 7.4.D.1 21 Calendar Assignments (Family Law) 7.2 20 Master Calendar System 2.16 9 Master Family Law Calendar 7.6 22 Pre-Approved Probate Calendar – See Tentative Ruling System, Local Rule 2.9 9.2 34 CASA Reports 10.7 41 Case Management Conferences Appearance Mandatory (Family Law) 7.4.D.2 21 Case Management Conference (Civil) 6.1 15 Case Management Conferences (Family Law) 7.4.D 21 Notice of Family Law Case Management 7.4.B 20 Caseload Standards (Juvenile) 10.4 39 Cases Stayed Under California Rule of Court 3.650(d) 6.6.3 18 Child and Temporary Spousal Support Guidelines 7.11.B 30 Child Custody and Visitation 7.10 27 Child Forensic Interview Recordings 4.8 13 Child Support Orders (Title IV-D Services) 7.15 38 Civil Rules 6 15 Communication With Court Staff 2.17 9 Compensation of Attorneys, Conservators, Guardians, Trustees, and Requests for Extraordinary Fees 9.7 35 Compensation of Court-Appointed Counsel and Investigators 2.7 4 Competency Requirements for Counsel 10.1 37 Complaints Complaints Regarding Appointed Counsel for the Child 7.10.B 28 Complaints Regarding Evaluators (Child Custody) 7.10.C.3 29 Mediation Complaints and Requests for New Mediator 7.10.A.9 28 Procedures for Reviewing and Resolving Complaints (Juvenile) 10.5 39 Conflict With Other Court Appearance (Family Law) 7.6.A 22 Conservatorship Investigations – Standing Orders 9.5 35 Conservatorships, Hearing Dates for 9.10 36 Construction and Application of Rules 1.3 1

Index - 2

Superior Court of California, County of Napa

Continuances Continuances (Civil Long Cause Trials) 6.4 15 Continuances (Civil Short Cause Trials) 6.3 15 Continuances (Family Law Master Family Law Calendar) 7.6.D 23 Requests for Hearing Continuances and Taking Matters Off Calendar 6.7 18 Costs (Probate) 9.6 35 Court-Appointed Special Advocate (CASA) 10.6 41 Court-Ordered Child Custody Evaluations 7.10.C 29 Court Organization 2 2 Courtroom Security 2.12 7 Court Reporter Fees 2.13 7 Court Reporting Services 2.14 8 Criminal Rules 4 12 Cross-Complaint New Parties in Cross-Complaint 6.6.1.B 17

D Declarations Mandatory Information in Supporting Declaration(s) (Appointment of Elisor) 7.13.B 31 Default Attorney Fees in Default Proceedings 6.11 19 Discovery (Family Law) 7.8.C 25 Documents Courtesy Copies of E-Filed Documents 3.3 10 Documents Necessary for a Hearing (Criminal) 4.2 12 Documents Presented for Filing 3 10 Signatures on E-Filed Documents 3.9 11 Tentative Ruling System (language to be included in conspicuous location) 2.9 5 “Duty” Judge 2.6 4

E Effective Date of Filing (Criminal) 4.7 13 Effective Date of Rules 1.1 1 Elisor Appointment of Elisor (Civil) 6.12 19 Appointment of Elisor 7.13 31 Endorsing Copies 3.4 10 Ex Parte Applications, Hearings, and Orders Applications for Ex Parte Orders (scheduling) 2.5 3 Civil 2.5.A 3 Family Law 7.5 22

Index - 3

Superior Court of California, County of Napa

Family Law/Juvenile/Guardianships 2.5.B 3
Probate 2.5.C 3
Unavailability or Disqualification 2.5.D 4
Hearing Dates for Conservatorships and Guardianships 9.10 36
Notice (Family Law) 7.5.B 22

Ex Parte Matters (Family Law) 7.5 22 Exhibits Permissible Exhibits 3.8 11 Trial Exhibits (Family Law) 7.9 26 Trial Procedures 6.5 15 Extension of Time to File (Civil, Requests for) 6.11 19

F Facsimile Filing 2.10 6 Failure to Appear (Family Law) 7.7.B 24 Family Law Case Management 7.4 20 Family Law Facilitator 7.12 31 Family Law Proceedings 7 24 Fees Attorney Fees In Default Proceedings 6.11 19 Compensation of Attorneys, Conservators, Guardians, Trustees, and Requests for Extraordinary Fees 9.7 35 Compensation of Court-Appointed Counsel and Investigators 2.7 4 Continuances (Family Law) 7.6.D 23 Court Reporter Fees 2.13 7 Payment of Court Investigator Fees 9.9 36 Request for Attorney Fees (Family Law) 7.11.C 30 Request for Expert Fees (Family Law) 7.11.D 30 Filing Complaints and Citations (Criminal) 4.1 12 Filing Documents in Matters Set on Shortened Time 3.6 10 Forms Forms to be Issued by Clerk Upon Filing of Petition (Family Law) 7.4.B 20 Forms With Summons and Complaint and Return of Proof of Service (Civil) 6.6.1.A 17 Guardianship Investigations – Mandatory Orders – Local Forms 9.4 34 List of Local Forms 46 Requests for Extension of Time to File 6.11 19

G Guardianship Investigations – Mandatory Orders – Local Forms 9.4 34 Guardianships, Hearing Dates for 9.10 36

Index - 4

Superior Court of California, County of Napa

H Hearings Adoption Hearings 8.1 33 Calling the Case (Family Law) 7.7.D 24 Conflict With Other Court Appearance (Family Law) 7.6.A 22 Continuances (Family Law) 7.6.D 23 Failure to Appear (Family Law) 7.7.B 24 Hearing Continuances (Civil) 6.7.A 18 Hearing Dates for Conservatorships and Guardianships 9.10 36 Hearings – General (Family Law) 7.7 24 Hearings Exceeding 15 Minutes (Civil) 6.9 22 Location and Schedule of Court Sessions 2.4 2 Matters Taken Off Calendar (Family Law) 7.6.C 23 Presence of Parties and Attorneys (Family Law) 7.7.A 24 Taking Matters Off Calendar (Civil) 6.7.B 18 Tardiness (Family Law) 7.7.C 24 Telephonic Appearances 2.8 4

I In Limine Motions In Limine Motions (Criminal) 4.4 12 Trial Management Conference 6.2 15 Trial Procedures 6.5 15 Investigations Conservatorship Investigations – Standing Orders 9.5 35 Guardianship Investigations – Mandatory Orders – Local Forms 9.4 34

J Judges “Duty” Judge 2.6 4 Participating Judges (Appellate Division) 11.8 45 Presiding Judge, Assistant Presiding Judge, and Acting Presiding Judge 2.3 2 Presiding Judge (Appellate Division) 11.2 44 Juries, Jurors, and Jury Instructions Jury Instructions and Verdict Forms (Criminal) 4.5 12 Sealing of Juror Information 2.11 6 Trial Procedures 6.5 15 Juvenile Court Rules 10 37

Index - 5

Superior Court of California, County of Napa

L Limited and Unlimited Jurisdiction Defaults (Attorney Fees in Default Proceedings) 6.10.A 19 Local Forms List of Local Forms 46 Use of Napa County Forms 3.2 10 Location and Schedule of Court Sessions 2.4 2 Lodging of Non-California Authority 3.7 10 Long Cause Trials 6.4 15

M Mandatory Forms Guardianship Investigations – Mandatory Orders – Local Forms 9.4 34 List of Local Forms 46 Use of Napa County Forms 3.1 10 Mandatory Settlement Conferences (Civil) 6.6.2 20 Mandatory Settlement Conferences (Family Law) 7.8.A 24 Master Calendar System 2.16 9 Master Family Law Calendar 7.6 22 Matters Requiring Appearance (Probate) 9.3 34 Matters Taken Off Calendar (Family Law) 7.6.C 23 Mediation (Family Law Custody and Visitation) 7.10.A 27 Medication Administration of Psychotropic Medication for Dependents or Wards of the Court 10.8 41 Meet and Confer Requirement (Family Law Settlement Conference) 7.8.D 25 Minimum Standards of Education and Training (Juvenile) 10.2 38 Motions In Limine Motions (Criminal) 4.4 12 Motions (Criminal) 4.3 12 Tentative Ruling System (language to be included in conspicuous location) 2.9 5 Trial Management Conference 6.2 15 Trial Procedures 6.5 15

N New Parties in Cross-Complaint 6.6.1.B 17 Notice of Family Law Case Management 7.4.B 20

Index - 6

Superior Court of California, County of Napa

O Orders Order (Family Law, Appointment of Elisor) 7.13.C 31 Orders (Family Law, Ex Parte Matters) 7.5.C 22 Preparation of Orders (Probate) 9.1 34

P Payment of Court Investigator Fees 9.9 36 Plea in Absentia in Non-Domestic Violence (“DV”) Misdemeanor Cases 4.2.1 12 Policy Making Authority 2.1 2 Pre-Approved Probate Calendar 9.2 34 Preliminary Distributions 9.8 36 Presence of Parties and Attorneys (Family Law Hearings) 7.7.A 24 Preparation of Orders (Probate) 9.1 34 Presiding Judge (Appellate Division) 11.2 44 Presiding Judge, Assistant Presiding Judge, and Acting Presiding Judge 2.3 2 Probate 9 34 Procedures for Reviewing and Resolving Complaints (Juvenile) 10.5 39 Proof of Service Generally 3.2 10 Proof of Service (Family Law) 7.3 20

R Recording Audio and Video Recording and Transmission 2.15 9 Use of Official Electronic Recording (Appeals) 11.7 45 Remote Appearances, Juvenile Justice (Delinquency) 10.9 43 Request for Attorney Fees (Family Law) 7.11.C 30 Request for Expert Fees (Family Law) 7.11.D 30 Requests for Extension of Time to File 6.11 19 Requirements in Financial Matters (Family Law) 7.11 30 Rules Title of Rules 1.2 1 Construction and Application of Rules 1.3 1 Effective Date of Rules 1.1 1 Scope of Rules for the Superior Court 1 1

S Scope (Family Law) 7.1 20 Scope of Rules for the Superior Court 1 1 Sealing of Juror Information 2.11 6

Index - 7

Superior Court of California, County of Napa

Service Service of Case Management Conference Report (Family Law) 7.4.D.3 21 Service of Complaint 6.6.1 17 Service of Summons and Petition – Forms to be Served on Other Party (Family Law) 7.4.C 20 Sessions (Appellate Division) 11.3 44 Settlement Conference Statements (Family Law) 7.8.E 25 Settlement Conferences Discovery (Family Law) 7.8.C 25 Settlement Conferences (Family Law) 7.8 24 Mandatory Settlement Conferences (Civil) 6.6.2 17 Mandatory Settlement Conferences (Family Law) 7.8.A 24 Meet and Confer Requirement (Family Law Settlement Conferences) 7.8.D 25 Voluntary Settlement Conferences (Family Law) 7.8.B 24 Short Cause Trials 6.3 15 Standards of Representation (Juvenile) 10.3 38 Stipulations (Family Law MFLC continuances) 7.6.D.1 23 Stipulations and Orders (Criminal) 4.6 13

T Taking Matters Off Calendar (Civil) 6.7.B 18 Telephonic Appearances 2.8 4 Tentative Ruling System 2.9 5 Title of Rules 1.2 1 Traffic and Engineering Surveys 5.2 14 Traffic Infraction Trials 5 14 Traffic Infraction – Ability to Pay 2.18 9 Trial by Written Declaration (Traffic) 5.1 14 Trial Jury Instructions and Verdict Forms (Criminal) 4.5 13 Long Cause Trials 6.4 15 Setting Trials (Family Law) 7.6.B 23 Short Cause Trials 6.3 15 Trial by Written Declaration (Traffic) 5.1 14 Trial Exhibits (Family Law) 7.9 26 Trial Procedures (Civil) 6.5 15 Trial Management Conference 6.2 16

Index - 8

Superior Court of California, County of Napa

U Uninsured Motorist Cases 6.8 18 Unlawful Detainers (Attorney Fees in Default Proceedings) 6.10.B 19 Unlawful Detainers (Mandatory Mediation Where Jury Requested) 6.2.C Use of Court File Instead of Clerk’s Transcript (Appeals) 11.6 44 Use of Official Electronic Recording (Appeals) 11.7 45 Use of Napa County Forms 3.1 10

V Video Recording Audio and Video Recording and Transmission 2.15 9 Voluntary Settlement Conferences (Family Law) 7.8.B 24

W Will-Call Box 3.5 10

Index - 9