Sutter — Local Rules

Source: https://www.sutter.courts.ca.gov/sites/default/files/pdfs/LocalRules/Local%20Rules%20Amended%207-1-2018.pdf

SUTTER COUNTY SUPERIOR COURT

LOCAL COURT RULES

EFFECTIVE July l,2013

AMENDED January l,2017;July l,2017;July 19 2018

Superior Court of California, County of Sutter

TABLE OF CONTENTS

LOCAL RULES OF THE SUPERIOR COURT COUNTY OF SUTTER

EFFECTIVE JULY l,2013;AMENDED JANUARY 192017;AMENDED JULY l,2017;AMENDED JULY l,2018

CHAPTER l― PRELIMINARY RULES l.O NAME,CITATIttN,AND EFFECTIVE DATE(1曜F7/aF〃3).… ……………………………………1 1.l CONSTRUCTION AND APPLICATION OF RULES(I"f7/af″ 3)… …………………………1 1.2 DEFINITIONS(1曜F7/af〃3)… …………………………………………………………………………………………1 1.3 SANCTIONS(」耽r7/af″ 3)… ……………………………………………………………………………………………2

CHAPTER 2… GENERAL RULES 2.O COURT REPORTERS(」耽F7/af〃3).… …………………………………………………………………………・3 2.l COURT SECURITY(4“ ノ ノ″η………………………………………………………………………・・3 2.2 ELECTRONIC FILING AND “ SERVICE(身γ7/af〃η…………………………………………………4 2.3 PHOTOGRAPHING,RECORDING,AND BROADCASTING ON COURT GROUNDS(4″ 7/aF″ 砂………………………・・……………………………………………………………………・・6

CHAPTER 3¨ CIVIL RULES 3.O CASE MANAGEMENT⊂ア7/af〃3)… …………………………………………………………・8

CHAPTER 4… FAMILY LAW RULES 4.O EX PARTE COⅣIMUNICATION IN CHILD CUSTODY PROCEEDINGS (4ア7/aゴ/13)… ….… ….… …… …… …… …… …・… …… …… …・…・… …… …・・… …… …・・… …・10 4.1 COURT‐ ORDERED CHILD CUSTODY EVALUATIONS(1曜F7/af〃3).… ………………10 4.2 CttURT¨ APPOINTED COUNSEL FOR A CHILD(乃″ 7/aゴ/f3).… ………….… ……………11 4.3 CONIIMUNICATION REGARDING CRINIIINAL PROTECTIVE ORDERS AND CHILD CUSTODY/VISITATION ORDERS(4〃 7/af″ 3).… ………………………………………11 4.4 MEDIATION OF CUSTODY AND VISITATION(4ア 7/af〃3).… .‥ ‥・・……・・……・・…■1 4.5 DUTIES OF FAMILY LAW FACILITATOR(■%7/af″ 3)… ……………………………………■2

CHAPTER 5-JUVENILE RULES 5.O FEPRESENTATION OF PARTIES IN DEPENDENCY PROCEEDINGS (助γ7/af/f3). ……■3 5。l CONTESTED MATTERS:TIMELINES AND PROCEDURES(」 耽F7/af″ 3).… ………■6

Superior Court of California, County of Sutter

CHAPTER 6-TRAFFIC RULES 6.O TRIAL BY WRITTEN DECLARATION(局/7/af″ 3).… ……………………………………………18

CHAPTER 7-RESERVED

CHAPTER 8-RESERVED

CHAPTER 9-ADMINISTRATIVE RULES 9.O DEFINITION OF JUDICIAL``DAY OF VACATION"(4″ 7/af″ 3).… ……………………・・21

LOCAL FORDIS LIST.… ……………………………………………………………………………………………………22-23

APPENDIX A― LOCAL FORDIS.… ………………………………………………………………………………………・24

LOCAL FORM JV-05(MandatOry)φ ′ 7/af〃3)

Superior Court of California, County of Sutter

CHAPTER 1 _ PRELIMINARY RULES

1.0 NAME, CITATION, AND EFFECTIVE DATE

These rules shall be known as the Local Rules of the Superior Court of Califomia, County of Sutter, referred to herein as Sutter County Superior Court. The rules may be cited as SCLR, followed by the appropriate number. These rules become effective on July 1,2013. (Effective 7/01/13)

1.1 CONSTRUCTION AND APPLICATION OF RULES

The Local Rules shall be construed and applied in such a manner as to avoid conflict with the California Rules of Court, and shall be liberally construed to serve the efficient administration ofjustice in Sutter County Superior Court.

The California Rules of Court are not printed as part of the Sutter County Superior Court Local Rules, but are incorporated within them. Proceedings in the Sutter County Superior Court are governed by the California Rules of Court as supplemented by these Local Rules, and shall be read in conjunction with them. (Effective 7/01/13)

I.2 DEFINITIONS

Unless otherwise indicated herein, the following shall have the meanings designated
below:
Clerk Clerk of the Superior Court, County of Sutter
County County of Sutter
Court Superior Court of California, County of Sutter

CCP California Code of Civil Procedure CRC California Rules of Court

(Effective 7/01/13)

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Superior Court of California, County of Sutter

1.3 SANCT10NS

Failure to comply with any provision ofthe Local Rules llnay resultin the imposition of sanctions pursuantto CCP§ 575.2.α′ε′ルθ7/a′″〃

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Superior Court of California, County of Sutter

CHAPTER 2 - GENERAL RULES

2.0 COURT REPORTERS

(a) Pursuant to CRC 2.956 and California Government Code $ 68086, notice is hereby
given that the Superior Court of California, County of Sutter normally provides official
court reporters as follows:
Department 1: Criminal Proceedings (All Felony Matters except Arraignments;
Misdemeanor Trials)
Department 2: Criminal Proceedings (All Felony Matters except Arraignments;
Misdemeanor Trials)
Department 3: Criminal Proceedings (All Felony Matters except Arraignments;
Misdemeanor Trials) and Juvenile Proceedings
Department A: Juvenile Proceedings, Petitions to Declare a Minor Free From
Parental Custody and Control, and Petitions for Termination of
Parental Rights
Department B: Mental Uealth Proceedings, LPS Conservator Proceedings, and
Appellate Hearings

The court does not regularly provide official court reporters in other departments or for
other proceedings, with the exception of mandated proceedings. A court reporter will
normally be provided for any felony matter except arraignment, misdemeanor trial,
juvenile proceeding, petition to declare a minor free from parental custody and control,
petition to terminate parental rights, mental health proceeding, LPS conservator
proceeding, and appellate hearing, regardless of the department in which the proceeding
is conducted.

(b) Pursuant to CRC 2.956,3.1310, and 5.723,Sutter County Superior Court does not
regularly provide official court reporters or electronic recording for the following: civil
hearings; civil trials; or hearings on requests for orders or motions in family law matters.

(c) Parties may obtain a reporter for proceedings other than those listed in SCLR 2.0(a) by
making their own arrangements with a reporting service. (Effective 7/01/13)

2.1 COURT SECURITY

To ensure the security of the courthouse and courtrooms, no person, except those authorized to do so, shall enter the courthouse or any courtroom carrying, or in possession of, any weapon or device as described in Penal Code section 171b, or any other item that may reasonably be used as a weapon. In addition to the weapons/devices listed in Penal Code section 171b, prohibited items include, but are not limited to, pepper spray and any pointed object capable of inflicting a stab wound or possessing sharpened 3

Superior Court of California, County of Sutter

edges or surfaces capable of cutting, including, but not limited to, knives (even if less than four inches in length), scissors, screwdrivers, metal combs, ice picks, letter openers, and knitting needles. Court security staff may search any person entering any courthouse or courtroom for possession of weapons and prohibited items, and may confiscate such items prior to permitting entry to the courthouse or courtroom. Assuming these items are not otherwise illegal, they will either be: (1) returned to the individual for the purpose of immediately exiting the courthouse and securing the items in the individual's vehicle; or (2) confiscated until the individual leaves the courthouse. (Effective l/01/17)

2.2 ELECTRONIC FILING AND SERVICE (a) Authority and Compliance This rule governs permissive and mandatory electronic filing and service of documents in the Superior Court of California, County of Sutter, as authorized by California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq. Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all requirements and conditions for electronic filing and service set forth in California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq. (b) Mandatory Electronic Filing and Service Documents filed in all civil cases, probate cases, and family law cases must be filed and served electronically. Self-represented parties and non-parties are exempt from the mandatory electronic filing and service requirements, but are encouraged to participate voluntarily. An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008). An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing. Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally. (c) Permissive Electronic Filing and Service Documents filed in the specific permissive filing case types listed on the court's website at www.suttercourts.com may be filed and served electronically.

Superior Court of California, County of Sutter

(d) ElectronicFilingRequirements All documents electronically filed, whether mandatory, permissive, by court order, or by stipulation of parties, must be electronically filed with the court using one of the court's approved electronic filing service providers, and must comply with the court's electronic filing requirements. Electronic filing requirements, including a list of approved electronic filing service providers, are available on the court's website at www.suttercourts.com and in hard copy at the clerk's office. (e) Electronic Filing Acceptance and Deadlines No document transmitted electronically is deemed filed unless it is accepted for filing by the Clerk. An electronically filed document shall be deemed filed on the date the document was submitted to the court if the submission was received by the court between 12:00 a.m. and 1 l:59:59 p.m. on a court day. An electronically filed document submitted on a noncourt day shall be deemed filed on the next court day. (Subd (e) amended ffictive July l, 2018.) (0 Electronic Filing Fee Waiver A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs (Judicial Council Forms FW-001 and FW-002). (g) Redaction of Confidential and Personal Information Counsel and parties are solely responsible for redacting personal identifiers and privileged and/or confidential information. The Clerk will not review documents for compliance. The Court may impose sanctions for violation of these requirements. (h) Documents Excepted/Excused from Electronic Filing A list of documents that shall not be filed electronically is included in the court's electronic filing requirements, available on the court's website at www.suttercourts.com and in hard copy at the clerk's office.

A party may be excused from filing any particular document or exhibit electronically if it is not available in electronic format and it is not feasible for the party to convert the document or exhibit to electronic format, or it may not be comprehensively viewed in an electronic format, including but not limited to exhibits that are real objects. Such a document or exhibit may be manually filed with the Clerk of the Court and served upon the parties by conventional non-electronic means. A party manually filing such a 5

Superior Court of California, County of Sutter

document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.

During trial, aparty may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.

Obligation to Keep Information Current A parly whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record. (Effective 7/01/1D

2.3 PHOTOGRAPHING, RECORDING, AND BROADCASTING ON COURT GROUNDS

Photographing, recording, and/or broadcasting are strictly prohibited in the courthouse and/or any courthouse facility, except as authorized by the court or as pernitted in California Rules of Court, Rule 1.150. The courthouse and/or any courthouse facility include but are not limited to stairways, elevators, waiting areas, hallways, entrances, security screening stations, service areas, through windows, through doors, and any other accessible areas of coprthouse facilities, whether access was intended or not. Any person violating this rule is subject to removal at the court's discretion.

"Photographing" means recording a likeness in still form, regardless of the method used, including by digital or photographic methods. "Recording" means the use of any analog or digital device to aurally or visually preserve the subject. "Broadcasting" means a visual or aural transmission or signal, by any method, including any electronic transmission or transmission by sound waves. This rule applies to any device that appears capable of photographing, recording, or broadcasting, including, but not limited to, telephones and body-worn cameras.

Law enforcement personnel with body-worn cameras shall not activate the recording function of the cameras unless involved in law enforcement activities in the courthouse. Law enforcement activities do not include acting as a witness or assisting the prosecution in a pending matter.

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Superior Court of California, County of Sutter

Any violation of this Local Rule may be the basis for an order terminating media coverage, terminating prior authorization, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law. (Effective 7/01/15)

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Superior Court of California,County of Suttcr

CHAPTER 3‐ CIVIL RULES

3.0 CASE MANAGEMENT

(a) Scope
These case management rules, adopted pursuant to the Trial Court Delay Reduction Act
cases of 1986 (California Government Code $68600 et seq.), apply to all general civil
filed on or after luly l,1992.

(b) Definition of General Civil Case
As used in these rules, "general civil case" means all civil cases except: probate,
guardianship, conservatorship, juvenile, small claims, unlawful detainer, and family law
proceedings (including proceedings under divisions 6-9 of the Family Code, Uniform
Parentage Act, Domestic Violence Prevention Act, and Uniform Interstate Family
Support Act; freedom from parental custody and control proceedings; and adoption
proceedings); collections cases pursuant to CRC 3.740; other civil petitions, including
petitions to prevent civil harassment, elder abuse, and workplace violence, petitions for
name change, election contest petitions, petitions for coordination, and petitions for relief
from late claims; and cases assigned to a judge for all purposes based on subject matter.
(c) Uninsured Motorist Casgs
Cases designated as uninsured motorist cases are not subject to these case management
rules until 180 days after designation.

(d) Case Differentiation
General civil cases will be assigned to one of three plans. It is the goal of the court that
all general civil cases will be disposed of within the following time limits, in compliance
with CRC 3.714:
(l) Plan I - 12 months
(2) Plan 2 - 18 months
(3) Plan 3 -24 months
General civil cases shall be initially assigned to Plan l. For good cause shown, upon the
request of a party or the court's own determination, a case may be reassigned to another
plan. In determining reassignment, the court will evaluate each case on its own merits,
considering the factors set forth in CRC 3.715.

(e) Exemption of exceptional cases
The court may in the interest ofjustice exempt a general civil case from the case
disposition time goals pursuant to CRC 3.714(c).

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Superior Court of California, County of Sutter

(f) Case Management Conference (i) Scope The court will set a case management conference for all general civil cases except complex cases and cases exempted under CPIC 3.721 no later than 180 days after filing of the initial complaint. (ii) Notice At the time the case is filed, the clerk shall issue to the filing party adocument with the date, time, and place of the first case management conference. It is the responsibility of the filing party to serve all other parties with notice of the case management conference date at the time the complaint is served. (iii) Case Management Statement Each party must file a case management statement pursuant to CRC 3.725. (iv) Conduct of Case Management Conference Counsel for each party and each self-represented party appearing in the action shall attend the Case Management Conference and shall be familiar with the case and be fully prepared to discuss all matters stated in CRC 3.724 and CRC 3.127 . The court shall enter orders as specified in CRC 3.728. (Effictive 7/01/13)

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Superior Court of California, County of Sutter

CHAPTER 4-FAMILY LAW RULES

4.O EX PARTE COMMUNICATION IN CⅡILD CUSTODY PROCEEDINGS

Ex partc colllmunication with court― appointcd or court― connccted child custody mediators and/or child custody cvaluators is prohibitcd except as otherwise allowed by statute and Califorllia Rules of Court,including Family Code scction 216 and CRC 5.235. Cttε ″νθ7/af〃〃

4.l COURT‐ORDERED CⅡILD CUSTODY EVALUAT10NS

(a) Implementation of CRC 5.220 All child custody evaluations must comply with CRC 5.220 et seq. (b) Child Custody Evaluators, Requirements All child custody evaluators must comply with CRC 5.220 et seq., including, but not limited to, requirements regarding qualifications, training, continuing education, and experience set forth in CRC 5.225 and CRC 5.230. In the event no evaluator that meets the requirements of CRC 5.225 is willing and available to perform an evaluation, the court may appoint an evaluator that dobs not meet the requirements under the circumstances permitted by iFtC S.ZZS.

(c) Peremptory Challenge to a Court-Appointed Evaluator Peremptory challenges to any court-appointed child custody evaluator are not allowed.

(d) Evaluator's withdrawal If B court-appointed private evaluator has good cause for withdrawal, he or she must notiff the parties in writing. The parties may stipulate to the appointment of an alternative evaluator.

(e) Procedure for complaints Any party's complaint regarding a court-connected evaluator's performance must be in writing and addressed to the Court Executive Officer. Complaints shall be as specific as possible in describing what the evaluator did or did not do. The Court Executive Officer or his/her designee will investigate, evaluate, and respond to the complaint in due course. Nothing in these rules precludes any person or public agency from pursing rights afforded them by any other statute or rule of law.

Complaints regarding private child custody evaluators may be discussed directly with the evaluator and, if not resolved informally, should be directed to the appropriate licensing/regulatory board.

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Superior Court of California, County of Sutter

(f) List of Qualified Evaluators The court will ensure information is posted, in those areas that serve family law litigants, regarding how to find qualified evaluators in the jurisdiction. (Effective 7/01/13)

4.2 COURT-APPOINTED COUNSEL FOR A CHILD

(a) Complaints Any party's complaint regarding the performance of court-appointed counsel for a child must be in writing and addressed to the Court Executive Officer. Complaints shall be as specific as possible in describing what the attomey did or did not do. The Court Executive Officer or his/her designee, in consultation with the Presiding Judge, will investigate, evaluate, and respond to the complaint in due course. Nothing in these rules precludes any person or public agency from pursing rights afforded them by any other statute or rule of law. (Effective 7/0 1/ I 3)

4.3 COMMUNICATION REGARDING CRIMINAL PROTECTIVE ORDERS AND CHILD CUSTODY/VISITATION ORDERS

Courts issuing criminal protective orders shall make reasonable efforts to determine whether any child custody or visitation orders exist that involve any pafiy to the pending criminal action. Court staff shall, at a minimum, check reasonably available resources to determine such information. Courts issuing orders involving child custody or visitation shall make reasonable efforts to determine whether a criminal court protective order exists that involves any party to the pending civil action. Court staff shall, at a minimum, check reasonably available resources to determine such information. A court that has issued a c'riminal protective order may, after consultation with a court that has issued a subsequent child custody or visitation order, modify the criminal protective order to allow or restrict contact between the person restrained by the order and his or her children. (Effictive 7/01/1 3)

4.4 MEDIATION OF CUSTODY AND VISITATION

(a) Complaints Any party's complaint regarding mediation services must be in writing and addressed to the Court Executive Officer. Complaints shall be as specific as possible in describing what the mediator did or did not do. The Court Executive Officer or his/her designee will investigate, evaluate, and respond to the complaint in due course. Nothing in these rules precludes any person or public agency from pursuing rights afforded them by any other statute or rule of law.(Effective 7/01/13)

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Superior Court of California, County of Sutter

4.5 DUTIES OF FAMILY LAW FACILITATOR

In addition to the services set forth in Family Code section 10004, the Sutter County Superior Court's Family Law Facilitator may, as required by the court, perform the additional duties listed in Family Code section 10005. (Effective 7/01/13)

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Superior Court of California, County of Sutter

CHAPTER 5. JUVENILE RULES

5。0 REPRESENTATION OF PARTIES IN DEPENDENCY PROCEEDINGS

(a) Competency Requirement
Absent a knowing and intelligent waiver by the represented party, all attorneys
representing parties in juvenile dependency proceedings must meet the minimum
standards of competence set forth in these rules and CRC 5.660(d).

(b) Screening and Certification
(i) Any attomey appointed by the court in a dependency matter must complete
and submit to the court a Certification of Competence on Local Form JV-05
within 10 days of his or her first appointment.
(ii) Attorneys who meet minimum standards of training andlor experience as set
forth in these rules, as demonstrated by the information contained in the
Certification of Competence submitted to the court, shall be deemed
competent for appointment by the juvenile court in dependency cases except
as provided in subdivision (b)(iii) of this Rule.
(iiD Notwithstanding the submission of a Certificate of Competence demonstrating
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 proceeding, that a particular attorney does not meet
the minimum competency standards. In such case, the court shall proceed as
set forth in SCLR 5.0(g).
(iv) In the case of an attorney who maintains his or her principal office in a
California county other than Sutter County, proof of certification by the
juvenile court of the county in which the attorney maintains an office shall be
sufficient evidence of competence to be appointed to represent a child or party
in a juvenile proceeding in Sutter County.

(c) Minimum Standards of Education and Training
(i) An attorney may not be appointed to represent parties in a dependency matter
before the juvenile court unless the attorney meets one of the following
requirements:
(A) Has completed the minimum training and education required by CRC
s.660(d)(3); or
(B) Has sufficient recent experience in dependency proceedings in which the
attorney has demonstrated competence. In determining whether the

Superior Court of California, County of Sutter

attorney has demonstrated competence, the court shall consider whether
the attorney's performance has substantially complied with the
requirements of these rules.
(ii) Every three years, attorneys who meet the education or experience
requirements set forth in subsection (c)(i) must complete at least eight (8)
hours of continuing education related to dependency and must submit a new
Certification of Competence to the court in order to be appointed to represent
parties. If an appointed attorney fails to submit a new Certification of
Competence demonstrating compliance with the continuing education
requirement, the court shall notify the attorney that he or she will be
decertified. Said attorney shall have 20 days from the date of the mailing of
the notice to submit evidence of his or her completion of the required training
or education. If the appointed attorney fails to submit the required evidence or
fails to complete the required minimum hours of continued training or
education, the courl may order that certified counsel or counsel compliant
with this Rule be substituted for the attorney.

(d) Standards of Representation All attorneys representing parties in dependency proceedings shall meet the minimum standards of representation set forth in CRC 5.660(dX4).

(e) Attorney Contact Information All attorneys representing children in dependency proceedings shall provide their contact information as required by CRC 5.660(dX5). (I) Attorney Caseload An attorney representing a child in a dependency proceeding must have a caseload that allows the attorney to perform the duties required by Welfare and Institutions Code section 317(e) and CRC 5.660, and meet the requirements of CRC 5.660(dX3)-(5).

(g) Procedures for Reviewing and Resolving Complaints Any party's complaint regarding his or her appointed attorney must be in writing and addressed to the Courl Executive Officer. A complaint may be lodged on a child's behalf by a social worker, caretaker relative, or foster parent. Complaints shall be as specific as possible in describing what the attorney did or did not do. The Court Executive Officer or his/her designee, in consultation with the Presiding Judge, will investigate, evaluate, and respond to the complaint in due course. Nothing in these rules precludes any person or public agency from pursing rights afforded them by any other statute or rule of law.

(h) Procedures for Informing the Court of the Interests of a Dependent Child

any time during the pendency of a dependency proceedin5, any interested O At
person may notify the court that the minor who is the subject of the

Superior Court of California, County of Sutter

proceeding may have an interest or right that needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have such a right or interest, counsel for the minor shall notify the court as soon as reasonably possible.

(ii) Notice may be given by the filing and service on all parties of a declaration. The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there. (iii) If the person filing the notice is the attorney for the child, the motion shall state what action on the child's behalf the attomey believes is necessary, whether the attorney is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializingin practice before that agency or court may be necessary or appropriate, whether the appointment of guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child's interests, and whether further investigation may be necessary.

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

child is required,(v) If the court determines that further action on behalf of the
the court shall do one or more of the following:

Authorize the child's attorney to pursue the matter on the child's behalf;

↓ Appoint an attorney for the child if the child is unrepresented; 助 Notice a joinder hearing pursuant to Welfare and Institutions Code section ０ 362 compelling the responsible agency to report to the court with respect to whether it has carried out its statutory duties with respect to the child; Ｄ Appoint a guardian ad litem for the child for the purpose of initiating or 　 pursuing appropriate action in the other forum(s); and/or

Ｅ Take any other action the court deems necessary or appropriate to protect the welfare, interests, and rights of the child.

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Superior Court of California, County of Sutter

(i) Timelines Attorneys for parties are required to adhere to the statutory time lines for all hearings. Requests for continuances shall be in writing unless waived by the court for good cause. Time waivers will be accepted and continuance granted only on a showing of good cause. fi) Guardian ad litem In proper cases, the court will appoint an attorney as guardian ad litem. (Effective 7/01/1 3)

5.1 CONTESTED MATTERS: TIMELINES AND PROCEDURES

(a) Pre-hearing Discovery
(i) Informal Discovery: Pre-hearing discovery shall be conducted informally
under the procedures set forth in CRC 5.546.
(ii) Motions: All parties shall meet and confer in good faith on any and all
discovery issues prior to filing a pre-hearing discovery motion. Only after all
informal means have been eliminated may a party petition the court for
discovery by way of motion pursuant to CRC 5.546(f). The date for the
hearing shall be obtained from the Court Clerk, Juvenile Division. A
discovery motion under this Rule shall be filed and served on all parties at
least five (5) court days before the hearing. Any responsive papers shall be
filed and served two (2) court days prior to the hearing.

(b) Presentation of Evidence
Social Study Reports prepared by CPS shall be filed with the court and made
available to all counsel before the hearing in accordance with the following time
limitations, unless otherwise ordered by the court:
(i) Jurisdictional Reports shall be filed a reasonable time before the hearing.
(iD Dispositional Reports shall be filed at least 48 hours before the hearing.
(iii) Reviews of Family Reunification, Family Maintenance, and Permanent Plans
shall be filed at least ten (10) calendar days before the hearing.
(iv) Addenda, Status Reports, and all other reports shall be filed a reasonable
number of days before the hearing.

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Superior Court of California, County of Sutter

If the Social Study Report is not timely filed or made available to all counsel, then any affected party or the court may request a continuance of the hearing to the extent permitted by law.

The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing.

Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.

In order to eliminate unnecessary delays, counsel shall confer regarding contested issues at least one court day prior to the hearing.

(c) Settlement Conferences Settlement conferences shall be calendared and held prior to the jurisdictional hearing by court order at the convenience of the parties, if the court deems them necessary. The trial attomeys and their clients shall be present at the settlement conference, unless excused by the court. A representative of CPS with authority to settle cases shall be present at the settlement conference.

(d) Mediation Mediation shall be ordered as the court deems necessary . (Effictive 7/01/I3)

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Superior Court of CalifoHlia,County of Sutter

CHAPTER 6-TRAFFIC RULES

6.O TRIAL BY WRITTEN DECLARAT10N

Pursuant to Vchicle Code scction 40902,a defendant chargcd with a Vchicle Codc infraction or violation oflocal ordinancc adoptcd pursuant to thc Vehicle Codc rnay elcct

to havc a trial by writtcn declaration,unlcss the dcfcndant has bccn notiflcd by the court thtt personal appcarance is mandttory.聞eθ′′νι7/af/f〃

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Superior Court of California, County of Sutter

CHAPTER 7-RESERVED

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Superior Court of California, County of Sutter

CHAPTER 8-RESERVED

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Superior Court of California, County of Sutter

CHAPTER 9-ADMINISTRATIVE RULES

9。O DEFINIT10N OF JUDICIAL“ DAY OF VACAT10N"

A``day ofvacation''for ajudgc ofthc Supcrior Court ofCalifomia,County of Sutter,is an approvcd abscnce from thc court for one fun busincss day. Absences from the court listcd in CRC 10.603(c)(2)(H)arC excluded from this deflnition.鷲 eC′′νθ7/af〃〃

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Superior Court of California, County of Sutter

LOCAL FORMS LIST

D市lslon Form # Local Form Name Mandatory or Optional Civil CV-01 Application & Order for Release of Adoption Optional Records C vil CV-02 Ex Parte Declaration of Notice and Sample Optiona C vil CV-03 Stipulation to Set Trial Optiona C vil CV-04 Trial Brief Optiona C vil CV-05 At-Issue Memorandum Optiona Cr minal CR-01 Ex Parte Application and Order Optiona Criminal CR-02 Felony Plea Form Optiona Criminal CR-03 Misdemeanor Entry of Plea with Priors - 23152 Optional VC Criminal CR-04 Misdemeanor Plea Form with Priors - BLANK Optional Criminal CR-05 Prop 47 Petition Optiona CF minal CR-06 Proposition 64 Petition Optiona C minal CR-07 Request to be Placed on Court's Calendar Optiona Family FL-01 At-Issue Memorandum Optional Court Services Family FL-02 Child Custody Investigation Questionnaire Optional Court Services Family FL-03 Child Custody Investigation Questionnaire for Optional Court Partial Investigations Services Family FL¨ 04 Declaration Re Due Diligence Optional Court Services Family FL-05 Guardianship Investigation Questionnaire Optional Court Services Family FL-06 Objection to Guardianship Optional Court Services Juvenile JV-05 Certification of Competence to Practice in Mandatory Juvenile Dependency Court

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Superior Court of Califomia, County of Sutter

Probate PR-01 Probate Declaration Re Due Diligence blank Optional Traffic TR-01 Application and Declaration for Community Optional Service or Request for Hearing on Ability to Pay Traffic Fine Traffic TR-02 Declaration of Financial Circumstances for Optional Community Service or Ability to Pay Traffic Fine Traffic TR¨03 Request for Permission to Attend Traffic School Optional 26+

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Superior Court of California, County of Sutter

APPENDIX A一MANDATORY LOCAL FORMS

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Superior Court of California, County of Sutter Erecれり」υry f,2θ ′3

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY

TELEPHONE NO: FAX NO: Al「ORNEY FOR(NAME):

SUPER10R COURT OF CAL:FORN:A COUNTY OF SUTTER l175 CiViC CENTER BLVD. YUBA CiTY,CA 95993 (530)822‐3300

IN ttHE MA丁丁ER OF:

CERT:FiCATE OF COMPETENCY TO PRACTICE CASE NUMBER:
IN JUVEN:LE DEPENDENCY COURT

|, Attorney at Law, am licensed to practice in the State of California. My

State Bar Number is

l hereby certify thatl meetthe rninimum standards for praclce before the」 uvenile Division of Sutter County Supe‖ or

cOun as setfotth in Local Rule 5 0 1funher cenify thatl have completed the minimum requirements fortraining,

education andノor experience as set forth below

TRA:N:NG AND EDUCAT10N fracゎcOρ ′es of ν CLE cettificares Or οtter docυ meη ra″Oη OF arreη daη cの

COURSE丁1丁LE“ DATE COMPLEttED HOURS PROVIDER

JUVEN:LE DEPENDENCY EXPERIENCE llaCtt exfra page rnecessav)

`ハ COURSE丁ITLE DAttE COMPLEttED HOURS PROVIDER

Dated: Signature of Attorney

APPROVED

Dated: JUDGE OF THE SUPER:OR COURT

Strperlor Coυ ″οF Ca″forr7′ a,Coυηry oF Sυ frer 」y―θ5 ErFec″ ve」υly′ ,2θ ′3,スdopred for Mandaloッ υse

Superior Court of California, County of Sutter

INDEX

Subiect Rule Page Number(s)

Broadcasting on court grounds 2.3 ‐ 6 Case differentiation 3.0 8 Case management conference 3.0 9 Case management, civil 3.0 8… 9 Case management, exemptions 3.0 8 Child custody, communication re: criminal protective orders and child custody/ visitation orders 4.3 11 Child custody, court-appointed counsel for child 4.2 11 Child custody, court-ordered evaluations 4.1 10-11 Child custody, ex parte communication 4.0 10 Child custody, mediation of custody and visitation 4.4 11 Civil rules Ch.3 8-9

1.1 1Construction and application of local rules

Court reporters 2.0 3 Court security 2.1 3 Definitions 1.2 1 Electronic Filing and Service 2.2 4-6 Family Law Facilitator, duties 4.5 12 Family law rules Ch.4 10-12 General civil case, defined 3.0 8 General rules Ch.2 3-7 Judicial day of vacation, defined 9.0 21 Juvenile dependency 5.0 13… 16 Juvenile dependency, attorney caseload 5.0 14 Juvenile dependency, attorney competency 5.0 13 Juvenile dependency, attomey complaints 5.0 14 Juvenile dependency, attorney contact information 5.0 14 Juvenile dependency, attorney minimum standards of education 5.0 13-14 and training Juvenile dependency, attorney screening and certification 5.0 13 Juvenile dependency, attorney standards of representation 5.0 14 Juvenile dependency, guardian ad litem 5.0 16 Juvenile dependency, procedures for informing court of 5.0 14-15 dependent child's interests

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Superior Court of California, County of Sutter

Juvenile dependency, representation of parties 5.0 13-16 Juvenile dependency, timelines 5.0 16 Juvenile Rules Ch.5 13-17 Juvenile, contested matters, timelines and procedures 5.1 16-17 Local Forms App.A 24 Local Forms List 22-23 Local rules, application l.1 1 Local rules, citation 1.0 1 Local rules, effective date 1.0 1 Local rules, name 1.0 1 Local rules, sanctions 1.3 2 Photographing on court grounds 2.3 6 Preliminary rules Ch.1 1-2 Recording on court grounds 2.3 6 Traffic Rules Ch.6 18 Traffic, trial by written declaration 6.0 18 Uninsured motorist cases, case management 3.0 8

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