Tehama — Tehama Local Rules

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

Mandatory Court Rules Superior Court of California County of Tehama

TEHAMA COUNTY SUPERIOR COURT

LOCAL RULES
Website: www.tehamacourt.ca.gov

EFFECTIVE DATE: January 1, 2015

Mandatory Court Rules Superior Court of California County of Tehama

INDEX TO RULES

Section Title Page

INDEX 2

SECTION 1. GENERAL RULES 7

RULE 1. CITATION OF RULES -- EFFECTIVE DATE 7 [effective January 1, 2013]

RULE 2. REQUIRED ATTORNEY NOTIFICATION FOR UNOPPOSED AND DROPPED MATTERS 7 [effective January 1, 2013]

RULE 3. COURT REPORTERS 7 A. Criminal / Juvenile Matters 7 B. Non Criminal Matters 8 [effective January 1, 2013]

RULE 4. PHOTOGRAPHING OR RECORDING COURT PROCEEDINGS 9 [effective January 1, 2013]

RULE 5. RESTRAINING ORDERS 9 1. General 9 2. Ex-Parte Orders 9 3. Duty of Party Requesting Order 10 4. Conflict 10 [effective January 1, 2013]

RULE 6. CASE DISPOSITION TIME STANDARDS AND GOALS 10 A. Case Disposition Standards 10 B. Case Disposition Goals 11 [effective January 1, 2013]

Page 2 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

SECTION 2. CIVIL CASES 12

RULE 7. SERVICE, RESPONSE, AND DEFAULT 12 A. Documents Not Served by Summons 12 B. Documents Served by Summons 12 C. Response to Actions Initiated by Summons 12 D. Court Ability to Modify 13 E. Entry of Default 13 F. Judgment 13 G. Sanctions 13 [effective January 1, 2013]

RULE 8. CONTINUANCES 13 [effective January 1, 2013]

RULE 9. DUTIES IF CASE SETTLES 14 [effective January 1, 2013]

RULE 10. ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS 14 [effective January 1, 2013]

RULE 11. CASE MANAGEMENT, SETTLEMENT CONFERENCE AND TENTATIVE RULINGS 15 A. Case Management Conferences 15 B. Settlement Conferences 15 (1) Setting and Attendance 15 (2) Settlement Conference Statement 16 (3) Sanctions 16 C. Tentative Rulings 16 [effective January 1, 2013]

RULE 12. SANCTIONS 17 [effective January 1, 2013]

RULE 13. MEDIATION AND JUDICIAL ARBITRATION 17 [effective January 1, 2013]

Page 3 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

RULE 14. FACSIMILE FILING 17 [effective Januar 1, 2013]

RULE 15. SCHEDULING EX-PARTE MOTIONS AND APPLICATIONS 17 [effective January 1, 2013]

RULE 16. PAYMENT OR WAIVER OF FEES 18 [effective January 1, 2013]

RULE 17. CLAIMS FOR PAYMENT TO COURT APPOINTED COUNSEL AND EXPERTS 18 A. Court Appointed Counsel 18 B. Court Appointed Experts 19 [effective January 1, 2013]

SECTION 3. FAMILY LAW CASES 20

RULE 18. CIVIL RULES/FAMILY LAW APPLY UNLESS CONTRADICTED 20 A. General B. Appointment of Counsel for a Child 20 [effective January 1, 2013]

RULE 19. EVALUATORS AND MEDIATION 20 A. Evaluators 20 B. Mandatory Mediation 21 C. Investigation by the Mediator 21 D. Mediator: Ex-Parte Communications 22 E. Removal / Withdrawal of the Mediator 22 F. Recommendations of the CCRC 22 G. Challenge of the Mediator 22 H. Testimony / Confidentiality of the File 23 [effective January 1, 2013]

Page 4 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

SECTION 4. CRIMINAL CASES 23

RULE 20. MOTIONS AT TRIAL 23 [effective January 1, 2013]

RULE 21. CRIMINAL JURY INSTRUCTIONS 24 [effective January 1, 203]

RULE 22. PRELIMINARY HEARINGS 24 [effective January 1, 2013]

SECTION 5. PROBATE …CONSERVATORSHIP 25

RULE 23. RELIANCE ON STATE LAW AND RULES 25 [effective January 1, 2013]

SECTION 6. JUVENILE COURT RULES 25

RULE 24. LOCAL RULES DO NOT SUPPLEMENT STATE LAW 25 [effective January 1, 2013]

RULE 24.1. CASA 25 A. Adoption of CASA Program 25 B. Release of Information to CASA 26 C. Right to Timely Notice and Right to Appear 27 D. Calendar Priority 27 E. CASA Reports 27 [effective January 1, 2015]

SECTION 7. APPEALS 28

RULE 25 RECORD ON APPEAL – TRIAL COURT FILE INSTEAD OF CLERK’S TRANSCRIPT 28 [effective January 1, 2015]

Page 5 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

ALPHABETICAL SUBJECT MATTER INDEX 29

---

END OF INDEX

Page 6 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

SUPERIOR COURT OF CALIFORNIA

COUNTY OF TEHAMA

LOCAL RULES OF COURT

SECTION 1. GENERAL RULES

RULE 1. CITATION OF RULES -- EFFECTIVE DATE

These rules are effective on the date above and shall be known and cited as the "Local

Rules of Court" for the Tehama County Superior Court.

[effective date: January 1, 2013]

RULE 2. REQUIRED ATTORNEY NOTIFICATION FOR

UNOPPOSED AND DROPPED MATTERS

If an attorney will not oppose a motion filed by opposing counsel or if the moving

counsel decides to drop the matter from calendar, that attorney shall promptly so

notify opposing counsel and the Court Executive Officer. Violation of this rule may

subject the attorney to sanctions.

[effective date: January 1, 2013]

RULE 3. COURT REPORTERS

A. Criminal / Juvenile Dependency / Juvenile Delinquency: Court reporters

are provided for juvenile dependency proceedings (Welfare and Institutions Code §

300 et seq.), juvenile delinquency proceedings (Welfare and Institutions Code § 602

et seq.), and felony proceedings. In criminal matters other than felonies, court

reporters are not available at the expense of the Court. In lieu thereof, a recording

Page 7 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

system is available for misdemeanor or infraction cases pursuant to Penal Code §

1045 upon direct request to the Clerk of the Court no later than five days in advance

of the proceedings to be recorded. Court reporters may be used in criminal, non-

felony cases, but they shall be obtained by, and at the expense of, the party

requesting a reporter.

B. Non Criminal Matters: Court reporters are not provided at the expense of

the Court. In accordance with California Rules of Court (currently Rule 2.956) each

party to a civil trial as defined in said rule must serve and file a statement seven

calendar days in advance of the trial date stating whether that party requests the

presence of an official court reporter. Parties requesting an official court reporter in a

civil trial will be charged court reporter fees in accordance with California Rules of

Court. Parties requesting an official court reporter for the trial of a civil case will be

required to deposit fees for the anticipated length of the trial or a full-day fee,

whichever is less, at the time of filing said statement. Request for a reporter may be

made on the record at the time of setting, and fees shall be due on the day of that

request.

Counsel should check with the Court for a fee schedule of court reporter fees, which

fees are in addition to any other trial court fees required by law or rule. As of the

adoption of these rules, court reporter fees are: $30 for hearings of up to and

including one hour, $187 per half day, and $374 per day. A half day fee is charged

for any proceeding lasting more than one hour, and a full day fee is charged for any

proceeding lasting more than four hours. The parties shall deposit their pro rata share

of such fees as follows: (1) For hearings of less than one day, at the close of the

proceeding; (2) For hearings of more than one day, at the beginning of the second and

each succeeding day of the proceeding. Any fee waiver request must be submitted as

early as possible and at least one day prior to the proceeding in question.

Page 8 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

A failure to post fees as required may result in a discontinuance of the proceeding,

an absence of a court reporter at the proceeding, a court order or citation to the

attorney who failed to pay, or such other orders as necessary.

[effective date: January 1, 2013]

RULE 4. PHOTOGRAPHING OR RECORDING COURT

PROCEEDINGS

Photographing or recording any court proceeding is prohibited unless a written

request made in advance of the proceeding is provided and approved pursuant to law.

[effective date: January 1, 2013]

RULE 5. RESTRAINING ORDERS

1. General. Restraining orders shall be governed by the California Code and

Rules, except as clarified below.

2. Ex-Parte Orders. A party seeking an ex-parte order must notify all parties no

later than 10:00 a.m. the court day before the ex-parte appearance, absent a showing of

exceptional circumstances that justify a shorter time for notice. The person giving

such notice shall state with specificity the nature of the relief to be requested and the

date, time, and place for the presentation of the application; and shall attempt to

determine whether the opposing party will appear to oppose the application. The

declaration regarding notice shall include the date, time, and manner of notice, and

shall identify the name of the party informed and any response. If notice was not

completed, the declaration shall further state that the applicant in good faith attempted

to inform the opposing party but was unable to do so, specifying the efforts made to

inform the opposing party or that, for reasons specified, the applicant should not be

required to inform the opposing party. A judge makes determinations re notice, and no

Page 9 Tehama County Superior Court – Mandatory Local Rules

Mandatory Court Rules Superior Court of California County of Tehama

clerk shall reject a filing because of inadequate notice. (Current California Rules of

Court controlling notice include: 3.1203 – 3.1205)

3. Duty of Party Requesting Order. Any party seeking a restraining order

(temporary, preliminary or permanent and including but not limited to Domestic

Violence and Harassment restraining orders) shall in its first filed paper identify any

unexpired restraining orders [criminal, family law, juvenile, and orders of any other

court] in which any party requesting relief has: (1) previously obtained a restraining

order against any other party and (2) previously been restrained by any other party.

The Court may issue sanctions against any party not complying with this requirement.

4. Conflict. Current California Rule of Court, Rule 5.450, is referenced as to

conflicts. Courts issuing restraining orders shall make reasonable efforts to determine

whether there are any current, unexpired restraining orders against or in favor of any

party seeking relief.

[effective date: January 1, 2013]

RULE 6. CASE DISPOSITION TIME STANDARDS AND GOALS

Consistent with existing law, it is the policy of this Court to encourage prompt

disposition of all matters. Attorneys shall promptly complete discovery and motions

towards the end of completing cases within the following time limits. Attorneys must

show good cause, in writing, to exempt a case from delay reduction standards.

A. Case Disposition Standards: The standard sought for all cases is as follows:

(1) Civil Cases: Within one year of filing unless the Court designates the

Page Tehama County Superior Court – Mandatory Local Rules 10

Mandatory Court Rules Superior Court of California County of Tehama

completion date as two or three years.

(2) Misdemeanor Cases: Within 90 days of the defendant’s first court appearance.

(3) Preliminary Hearings: Within 10 calendar days or 60 court days from the

defendant’s first appearance.

(4) Felony Trials: Except for capital cases, within 60 days of the defendant’s

arraignment on the information.

B. Case Disposition Goals: Consistent with the California Rules of Court and the Case

Disposition Standards cited above, the goal of this Court is to complete all civil cases as

follows. Civil completion goals are measured from the date of filing. Criminal

completion goals are measured from the date of arraignment.

(1) Unlimited civil cases: (a) 75 percent within 12 months; (b) 85 percent within

18 months; and (c) 100 percent within 24 months.

(2) Limited civil cases: (a) 90 percent within 12 months; (b) 98 percent within 18

months; and (c) 100 percent within 24 months.

(3) Small claims cases: (a) 90 percent within 75 days; and (b) 100 percent within

100 days.

(4) Felony trials: Except for capital cases, no more than one year after arraignment

on the information.

(5) Preliminary Hearings, from arraignment on the complaint and excluding death

penalty cases: (a) 90 percent within 30 days; (b) 98 percent within 45 days;

and (c) 100 percent within 90 days;

(6) Misdemeanor cases: (a) 90 percent within 30 days; (b) 98 percent within 90

days; and (c) 100 percent within 120 days.

Page Tehama County Superior Court – Mandatory Local Rules 11

Mandatory Court Rules Superior Court of California County of Tehama

These case management goals are guidelines. In managing individual civil cases, the

Court will consider each case on its merits. To enable the fair and efficient resolution of

civil cases, each case should be set for trial as soon as appropriate for that individual

case.

[effective date: January 1, 2013]

SECTION 2. CIVIL CASES

RULE 7. SERVICE, RESPONSE, AND DEFAULT

Service and response shall be as follows, unless specifically required or allowed to the

contrary by Code or Court Rule.

A. Documents Not Served by Summons: All matters commenced by service of

a document other than a summons (i.e. Orders to Show Cause, motions, writs, etc.) and

any responsive papers shall be served and filed pursuant to the California Codes and

Court Rules. Any responsive papers to a motion or an Order to Show Cause shall be

filed and served at least five days before the hearing.

B. Documents Served by Summons: All filings served by summons (i.e. civil

suits, dissolution petitions, etc.) shall be served and proof of service shall be filed with

the Court within 60 days of initial filing. Service shall include, and the proof of service

shall note service of, all documents required by Code or Rule to be served with the

summons. The filing of a cross-complaint shall be accompanied by proof of service on

existing parties; new parties shall be served and proof of service filed within 30 days of

filing the cross-complaint.

C. Response to Actions Initiated by Summons: Responses to actions initiated

by summons shall be within 30 days of service, and the parties shall have the power to

Page Tehama County Superior Court – Mandatory Local Rules 12

Mandatory Court Rules Superior Court of California County of Tehama

stipulate to one 15 day extension.

D. Court Ability to Modify: The Court, on its own motion or on the application

of a party, may extend or otherwise modify the times provided in this rule. An

application for a court order extending the time to serve a pleading shall be filed before

the time for service has elapsed. The application shall be accompanied by a declaration

showing why service has not been completed, documenting the efforts that have been

made to complete service, and specifying the date by which service is proposed to be

completed.

E. Entry of Default: If no response has been filed, and the parties have not

agreed on an extension of time to respond, a request to enter default should be submitted

within 60 days after the date the response was due.

F. Judgment: A party who enters a default against any party shall finalize the

judgment against the defaulted party within 45 days of the entry of default, absent

specific extension by the Court.

G. Sanctions: The Court may issue an order to show cause why sanctions

should not be imposed for any failure to follow the mandates of this rule.

[effective date: January 1, 2013]

RULE 8. CONTINUANCES

Motions to continue, advance or reset shall be made on written notice to all parties

who have appeared, and shall be noticed for hearing at the Civil Law and Motion

calendar. Motions for continuance of a trial date shall be noticed promptly upon the

necessity for continuance being ascertained. No continuance will be granted except

upon an affirmative showing of good cause. This rule does not disallow a stipulation

by the parties, but such stipulation does not result in a change of time limits unless a

Page Tehama County Superior Court – Mandatory Local Rules 13

Mandatory Court Rules Superior Court of California County of Tehama

judge accepts said stipulation.

[effective date: January 1, 2013]

RULE 9. DUTIES IF CASE SETTLES

Whenever a case assigned a trial date settles, the attorneys or in pro per parties shall

immediately notify the Court. Primary obligation to notify the Court shall be plaintiff's

through his or her attorney or, if in pro per, in person. Notification may be by

telephone to the clerk, but, in such case, shall be followed within five days by a

confirming letter copied to all parties and the Court. Notification of settlement to the

Court shall result in the vacating of any trial date and the removal of the action from

the master calendar and civil active list. A future existing case management

conference will be left on calendar, and if there is none the Court shall set one. The

purpose of the post settlement case management conference is to assure that the case

has been dismissed or judgment entered. Parties need not appear at such case

management conference if the entire matter has been dismissed or if a judgment has

been filed that finally settles all issues.

[effective date: January 1, 2013]

RULE 10. ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS

Whenever a prevailing party is entitled to the recovery of reasonable attorney fees,

those fees will be fixed by reasonable compensation computed on an hourly basis.

When fees are to be fixed by court fee schedule they shall be as follows, exclusive of

costs and interest.

1. 25% of the first two thousand dollars ($2,000);

2. 20% of the next four thousand dollars ($4,000);

3. 15% of the next four thousand dollars ($4,000);

Page Tehama County Superior Court – Mandatory Local Rules 14

Mandatory Court Rules Superior Court of California County of Tehama

4. 10% of the next ten thousand dollars ($10,000);

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

6. 2% of amounts in excess of the first fifty thousand dollars ($50,000).

A request for fees in excess of this schedule shall be allowed only upon legal

authority and a declaration provided by the prevailing supporting same. Where a

prevailing party is entitled to the recovery of reasonable attorney fees in an

otherwise appropriate clerk's judgment, the clerk shall include attorney fees

computed pursuant to the fee schedule contained in this rule.

[effective date: January 1, 2013]

RULE 11. CASE MANAGEMENT - SETTLEMENT CONFERENCE

A. Case Management Conferences

All attorneys shall attend scheduled case management conferences in person or by

telephone, and all parties shall have a completed case management statement filed and

served at least five days before the case management conference. The initial case

management date shall be provided by the Court to each party making an initial filing,

and that party shall serve notice of the first case management conference on all served

parties; parties filing a cross-complaint shall notify each cross-defendant of the next

case management conference. Each case management conference shall address the

disposition goals set out in these rules and shall include plans to achieve those goals.

Each case management conference shall conclude with an order identifying a further

case management conference until the matter has been declared at issue.

B. Settlement Conferences

(1) Setting and Attendance: Upon setting a jury trial or a court trial set for

one day or more, a mandatory settlement conference shall be set approximately one

Page Tehama County Superior Court – Mandatory Local Rules 15

Mandatory Court Rules Superior Court of California County of Tehama

month before trial; the Court may set further settlement conferences. These conferences

are mandatory and shall be attended by the parties, by the trial attorney, and by any

person(s) who has (have) full authority to settle the case.

(2) Settlement Conference Statement: At least five days before the

settlement conference, each party shall serve and file a settlement conference statement,

which shall identify the positions of the various parties, shall include settlement

positions and demands, shall itemize economic and noneconomic damages, and shall

recite a brief summary of the facts and law upon which the filing party relies. Parties

are hereby notified that settlement conferences often require significant investment of

time, and parties shall be available for the entire day of a scheduled settlement

conference unless otherwise directed by the court.

(3) Sanctions: The settlement conference judge may issue sanctions for

failure to comply with rules applying to settlement conferences. Said sanctions may

include striking out all or any part of any pleading of the offending party and/or

dismissal of the action or striking an answer to allow default. If the motion for

sanctions is made by a party, the Court may allow attorney fees and costs relating

thereto. Terminating sanctions shall be used only after the Court has directed a party to

remedy the failure to comply with the rules. Terminating sanctions shall not be used

against a party as a result of the failure of counsel to comply with rules, and the Court in

such case shall take appropriate action against the offending counsel.

C. Tentative Rulings: Should any judge adopt the practice of making tentative

rulings, such rulings shall be accomplished per Rule of Court, currently Rule 3.1308.

[effective date: January 1, 2013]

Page Tehama County Superior Court – Mandatory Local Rules 16

Mandatory Court Rules Superior Court of California County of Tehama

RULE 12. SANCTIONS

Sanctions in civil cases may be assessed per existing law and rule (including current

Rule 2.30, CCP 177.5, CCP 575.2).

[effective date: January 1, 2013]

RULE 13. MEDIATION AND JUDICIAL ARBITRATION

The Court hereby elects to apply Title 11.6 of Part 3 of the Code of Civil Procedure

commencing at § 1775 to general civil actions filed in the court.

[effective date: January 1, 2013]

RULE 14. FACSIMILE FILING

Fax filing is permitted and shall be accomplished pursuant to law and California Rules

of Court (currently Rule 2.303).

[effective date: January 1, 2013]

RULE 15. SCHEDULING EX-PARTE MOTIONS AND

APPLICATIONS

To secure a date and time for hearing ex-parte motions and other ex-parte applications

for which personal appearances are required consistent with the California Rules of

Court, the party making the application shall contact the judicial secretary for the

bench officer in whose department the matter is to be heard or the Court Executive

Officer.

[effective date: January 1, 2013]

Page Tehama County Superior Court – Mandatory Local Rules 17

Mandatory Court Rules Superior Court of California County of Tehama

RULE 16. PAYMENT OR WAIVER OF FEES

Fee waivers shall be granted under the provisions of sections 68630 through 68641 of

the Government Code or successor statutes. The Court grants to the Court Executive

Officer or her designated clerk the power to approve fee waivers which qualify under

the law. (G.C. § 68634) Should the law allow disapproving of same, then the C.E.O. is

authorized to disapprove fee waivers.

[effective date: January 1, 2013]

RULE 17. CLAIMS FOR PAYMENT TO COURT APPOINTED

COUNSEL AND EXPERTS

As to attorney fees, this rule does not apply to any counsel who works under a contract

with the County or the Court unless that counsel seeks payment in addition to sum

certain stated in the contract. This rule applies to any counsel in any court who seeks

the appointment of an expert.

A. Court Appointed Counsel

Any counsel appointed by any judge in any court under any California Statute or Court

Rule who claims reimbursement separate from and in addition to any contract

consideration, shall include in his/her claim for payment all of the following: The date

of appointment; the case number(s) of appointed cases; the name of the appointed client

(except in juvenile cases); the date and inclusive times of work billed; the total hours

and minutes (or fractions of an hour) billed for each entry, a clear and concise

description of the work done. Further counsel should ask for a copy of and comply with

the most current court requirements for attorney billing. Rounding up in billings shall

be no more than to the next 2/10ths of an hour, and in all cases shall be reasonable in

the discretion of the Court.

Page Tehama County Superior Court – Mandatory Local Rules 18

Mandatory Court Rules Superior Court of California County of Tehama

B. Court Appointed Experts

Experts are paid the reasonable value of services. No payment will be made unless

counsel first obtains the consent of the Court to retain the expert. A request that asks

for an expert merely to explore the file will not be granted. Any application for

appointment of an expert shall be by declaration of counsel and shall include at least the

following:

1. The file number(s) and party name(s) (except in Juvenile appointments);

2. The type of service being requested;

3. Why such services are reasonably necessary to the case of counsel’s client,

which reason must be as specific as it can be as to how the expert may assist and

in criminal cases specifically what defense he might help establish.

4. The identity, billing address, hourly rate, any flat charges that may apply;

5. A statement of the expert’s qualifications to provide the requested services;

6. An estimate of total cost of services should be included where possible;

7. If the expert is required by law to possess a license or other qualification, then

the application must identify the license or qualification, the date it was obtained,

the office or institution from which that license or qualification was obtained,

and a statement that the expert is current and in good standing there under.

[effective date: January 1, 2013]

Page Tehama County Superior Court – Mandatory Local Rules 19

Mandatory Court Rules Superior Court of California County of Tehama

SECTION 3. FAMILY LAW CASES

RULE 18. CIVIL RULES/FAMILY LAW APPLY UNLESS

CONTRADICTED

A. General: The rules for civil cases shall apply unless contradicted by more

specific family law statutes and rules. These rules do not attempt to repeat all family

law and California Rules of Court which apply to family law; parties are referred

thereto.

B. Appointment of Counsel for a Child: Appointments of counsel for a child

shall be in the trial court’s discretion as described in and subject to California Rule of

Court, Rule 5.240 or its successor rule. Any complaint concerning such appointed

counsel shall be made in writing to the Court Executive Office, shall clearly identify the

name of complainant and the alleged facts underlying the complaint. The Court shall

respond within 15 days of receipt of such complaint.

[effective date: January 1, 2013]

RULE 19. EVALUATORS AND CHILD CUSTODY

RECOMMENDING COUNSELORS (CCRC, formerly

referred to as mediators)

A. Evaluators (custody/visitation)

If an evaluator is appointed, he or she shall be provided prior to commencing the

evaluation process with a copy of the court order which specifies the appointment of the

Page Tehama County Superior Court – Mandatory Local Rules 20

Mandatory Court Rules Superior Court of California County of Tehama

evaluator under relevant statutes, including the following statutes in effect at the time of

adoption of these rules: Evidence Code § 730, Family Code § 3110, or CCP § 2032.

The evaluator shall comply with this rule and applicable law and shall submit form FL-

326 (or its successor form) with regard to training and educational requirements. Any

fees proper under law shall be assessed and apportioned by the judge managing the

case.

B. Mandatory Mediation

Absent a finding of good cause to the contrary, all matters pertaining to custody

and/or visitation shall be referred to the Child Custody Recommending Counselor

(CCRC) at the earliest possible time. Court designated Child Custody Recommending

Counselors are hereby authorized to render a recommendation to the court as to the

custody or visitation of the child or children, involved. The Court may, without

foundation, consider the report and recommendation of the CCRC. Parties referred to

mediation shall attend the Parent Orientation class and shall promptly keep all

appointments with the mediator and make a good faith effort to come to an agreement

on custody and visitation. Notice of appointment may be accomplished by service on

the CCRC and parties of the minute order appointing him/her. In court notice to an

appearing party is sufficient without written notice. Any appointed CCRC shall adhere

to Code and California Rules pertaining to mediators.

C. Investigation by the Mediator

The court "mediator" is a "court appointed investigator" as that term is used in Family

Code § 3110. The mediator may, without further court order, conduct an investigation

regarding the issues of child custody and visitation pursuant to Family Code § 3110 et

seq. in any proceeding where the parties fail to agree on the issues of custody and

visitation or where it may otherwise be warranted.

Page Tehama County Superior Court – Mandatory Local Rules 21

Mandatory Court Rules Superior Court of California County of Tehama

D. Mediator: Ex-Parte Communications

As more fully stated in the Rule 5.235 of the California Rules of Court, when ex-parte

communications are permitted by the mediator, any such communications shall be in

writing and shall be served on opposing party. This requirement does not apply to

communications by parties made to the mediator during a mediation session or to ex-

parte communications initiated by the mediator.

E. Removal / Withdrawal of the Mediator

The mediator may remove herself from a case should mediation ethics require. The

assignment of a mediator being a court function, there shall be no challenge allowed to

the mediator by a party unless same is specifically allowed by law. The Director of

Family Court Services, the Court Executive Officer, the Presiding Judge, or the judge

presiding over the proceedings may in his/her discretion permit another CCRC to

conduct mediation, which may be a mediator from another court, a probation officer, or

such other person whom the Director, C.E.O. or judge finds qualified to act as mediator.

F. Recommendations of the Child Custody Recommending Counselor (CCRC)

The mediator is authorized to render a recommendation to the Court re custody and

visitation. The Court may, without foundation, consider the report and recommendation

of the mediator.

G. Challenges to the Mediator

Statutes, case law, and the California Rules of Court (including Rule 5.450) control any

challenge to a court appointed evaluator, except as they may be augmented by these

rules. Complaints concerning an evaluator shall be submitted in writing to the Family

Court Services Director who is designated as the complaint coordinator. Complaints

shall be in writing and shall be served on opposing counsel and on self represented

litigants. Such complaints shall be evaluated and appropriate action taken within 10

Page Tehama County Superior Court – Mandatory Local Rules 22

Mandatory Court Rules Superior Court of California County of Tehama

days of receipt. There shall be no ex-parte communications with the mediator except as

specifically requested by the mediator. Parties should inquire of and use any complaint

form maintained by the Director.

H. Testimony / Confidentiality of File

Should any party seek to examine the mediator at a hearing regarding a mediator

recommendation, it shall be that party’s responsibility to secure the mediator’s

attendance as a witness. Any information received by the mediator including, but not

limited to, information included in the mediation report shall be confidential and may

be disclosed by the mediator only as necessary to continue his/her investigation, to

complete his/her report, and to testify in any court hearing.

[effective date: January 1, 2013]

SECTION 4. CRIMINAL CASES

RULE 20. MOTIONS AT TRIAL

Motions that are out of the ordinary or unusual (e.g. complex motions or extensive

motions in limine) shall be made in writing and scheduled to be heard before the

judge assigned to the trial no less than five days before trial. All motions that may not

be heard and disposed of within ½ hour on the morning of trial must be so scheduled.

Should there be no department assigned to try the case, then such motions shall be

made to the misdemeanor Law and Motion calendar for misdemeanors or to the

felony Law and Motion calendar for felonies.

[effective date: January 1, 2013]

Page Tehama County Superior Court – Mandatory Local Rules 23

Mandatory Court Rules Superior Court of California County of Tehama

RULE 21. CRIMINAL JURY INSTRUCTIONS

Jury instructions shall comply with the California Rules of Court and, unless stipulated

to the contrary by all parties and accepted by the trial judge, shall be CALCRIM

instructions. The parties shall provide their requested instructions, with one separate

copy for the Court and one separate copy for each opposing counsel, on the morning of

the first day of trial unless the trial judge has directed to the contrary. No instruction

shall identify the party making the request. Special instructions shall be accompanied by

points and authorities separate from the proposed instruction. All blanks on form

instructions shall be filled in so that the proposed instruction is complete.

[effective date: January 1, 2013]

RULE 22. PRELIMINARY HEARINGS

It is the policy of this Court to expedite preliminary hearings. Motions to continue the

preliminary examination are disfavored and shall be denied unless the moving party,

pursuant to and in accordance with Penal Code §1050 and the particular statutes

pertaining to continuances of preliminary examinations, presents affirmative proof that

the ends of justice require a continuance. A stipulation by all parties to continue the

preliminary examination does not constitute good cause, by itself. Substitution of

counsel does not automatically constitute good cause for a continuance; counsel should

not take cases on which they are not prepared to timely proceed.

[effective date: January 1, 2013]

Page Tehama County Superior Court – Mandatory Local Rules 24

Mandatory Court Rules Superior Court of California County of Tehama

SECTION 5. PROBATE AND CONSERVATORSHIP

RULE 23. RELIANCE ON STATE LAW AND RULES

The Court does not elect to create local rules at this time. California statutes, case law,

and the California Rules of Court should be consulted by parties.

[effective date: January 1, 2013]

SECTION 6. JUVENILE COURT RULES

RULE 24. LOCAL RULES DO NOT SUPPLEMENT STATE LAW

Statutory law, case law, and the California Rules of Court extensively regulate the

Dependency (Welfare and Institutions Code, § 300) and Delinquency (Welfare and

Institutions Code, § 602) actions brought before the Court. Counsel shall refer to those

sources for guidance. Nothing in this rule prevents the Juvenile Presiding Judge or any

Juvenile Judge from establishing additional policies and procedures that do not violate

state law and rules.

[effective date: January 1, 2013]

RULE 24.1. CASA

A. Adoption of CASA Program

1. The court hereby adopts the guidelines for the Court Appointed

Special Advocate Program (CASA) as more particularly set forth

Page Tehama County Superior Court – Mandatory Local Rules 25

Mandatory Court Rules Superior Court of California County of Tehama

in Welfare and Institutions Code Sections 100 through 109,

inclusive, and Rule 5.655 of the California Rules of Court.

2. The CASA Program shall report regularly to the presiding judge of

the Juvenile court with evidence that it is operating under the

guidelines established by the National Court Appointed Special

Advocate Association and the California State Guideliness for

child advocates.

B. RELEASE OF INFORMATION TO CASA

1. To accomplish the appointment of a CASA, the judge,

commissioner or referee making the appointment shall sign an

order granting the CASA the authority to review specific relevant

documents and interview parties involved in the case, as well as

other persons having significant information relating to the child,

to the same extent as any other officer appointed to investigate

proceedings on behalf of the court.

2. The CASA shall have the same legal right to records relating to the

child her or she is appointed to represent as any case manager

(social worker or probation officer) regarding records pertaining to

the child held by an agency, school, organization, division or

department of the State, physician, surgeon, nurse, other health

care provider, psychologist, psychiatrist, mental health provider or

law enforcement agency. The CASA shall present a copy of his or

her appointment order together with his or her identification to

provider to gain access to the requested information. No consent

from the parent or guardian is necessary for the CASA to have

Page Tehama County Superior Court – Mandatory Local Rules 26

Mandatory Court Rules Superior Court of California County of Tehama

access to any records relating to the child.

C. RIGHT TO TIMELY NOTICE AND RIGHT TO APPEAR

1. Whenever any motion is made, or a supplemental or subsequent

   petition filed, concerning the child for whom the CASA has been

appointed, the moving party shall provide the CASA with timely

notice.

2. A CASA shall have the right to be present and be heard at all court

hearings, and shall not be subject to exclusion by virtue of the fact

that he or she may be called to testify at some point in the

proceedings. A CASA is not a party to the dependency

proceedings. However, the court, at its discretion, shall have the

authority to grant the CASA amicus curiae status, which includes

the right to appear with counsel.

D. CALENDAR PRIORITY

In light of the fact that CASAs are rendering a volunteer service to

children and the court, matters on which they appear should be granted

priority on the court’s calendar whenever possible.

E. CASA REPORTS

CASA reports shall be filed with the court at least three (3) court days

prior to the hearing. The CASA program shall provide a copy of the

report to all counsel of record at least three (3) court days before the

hearing.

[effective date: January 1, 2015]

Page Tehama County Superior Court – Mandatory Local Rules 27

Mandatory Court Rules Superior Court of California County of Tehama

SECTION 7. APPEALS

RULE 25 RECORD ON APPEAL – TRIAL COURT FILE INSTEAD OF

CLERK’S TRANSCRIPT

In accordance with California Rules of Court, Rules 8.833, 8.863 and 8.914, the

appellate division elects to use the original trial court file in lieu of a clerk’s transcript

on appeal in appeals of limited civil, misdemeanor and information cases.

In accordance with California Rules of Court, Rules 8.916, 8.917 and 8.860 et seq., the

original of an official electronic recording of the trial court proceedings, or a copy made

by the court, shall be transmitted as the record of these oral proceedings without being

transcribed. This official electronic recording satisfies any requirement in these rules or

in any statute for a repoter’s tanscript of these proceedings. The trial court judge may

order that a transcript be prepared as the record of the oral proceedings.

[effective date: January 1, 2015]

[Alphabetical Subject Matter Index Commences on the Following Page]

Page Tehama County Superior Court – Mandatory Local Rules 28

Mandatory Court Rules Superior Court of California County of Tehama

ALPHABETICAL SUBJECT MATTER INDEX

Appeals 28 Attending settlement conferences 15 Attorney fees in civil actions 14 CASA 25 Case disposition goals and standards 10 Case Management 14 CCRC (see child custody recommending counselors) 19 Challenge of the mediator 21 Child custody recommending counselors 19 Citation to and name of rules 6 Civil cases in general 11 Civil rules in family law cases 19 Conferences (civil) 14 Conservatorships 23 Continuances 13 Counsel (appointed) 17 Counsel, appointed for child in family law cases 19 Court appointed counsel 17 Court appointed experts 18 Court reporters 7 Criminal court, motions before trial 22 Criminal matters (court reporter) 7 Default, entry 12 Documents not served by summons 11 Documents served by summons 11 Ex-parte applications 16 Ex-parte communications to mediator or CCRC 20 Ex-parte orders 8 Experts (appointed) 18 Facsimile filing 16

Page Tehama County Superior Court – Mandatory Local Rules 29

Mandatory Court Rules Superior Court of California County of Tehama

Family law cases 19 Fees, waiver 16 General rules 6 Index to rules 2 Investigation by the mediator 20 Judgment, entry 12 Judicial Arbitration 16 Jury instructions, criminal trials 22 Juvenile Court 24 Juvenile matters (court reporter) 7 Mandatory mediation, family law 20 Mediation 16 Mediation 20 Mediator 19 Mediator, challenge 21 Mediator, ex parte communication 20 Mediator, recommendations 21 Mediator, removal 21 Mediator, testimony 22 Motions before trial, criminal trials 22 Notice when matter is unopposed 6 Photographing court proceedings 8 Preliminary hearings 23 Probate 23 Recommendation of the CCRC (mediator) 21 Recording court proceedings 8 Removal of the mediator 21 Responses to summons 12 Restraining orders 8 Sanctions relating to settlement conferences 15 Sanctions in general 16 Sanctions 12 Service 11 Settlement conference statement 15 Settlement Conferences 15 Settlement, duty to advise court 13 Tentative rulings 16 Testimony of the mediator 22 Time for service (civil) 12 Unopposed matter 6 Waiver of fees 17

Page Tehama County Superior Court – Mandatory Local Rules 30

Mandatory Court Rules Superior Court of California County of Tehama

/// end of index ///

Page Tehama County Superior Court – Mandatory Local Rules 31