Calaveras — GENERAL ORDER 18-07

Source: https://www.calaveras.courts.ca.gov/system/files/general/general-order-18-07.pdf

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Calaveras Superior Court GENERAL ORDER NO. 18-07 FOR COURT USE ONLY GENERAL ORDER OF THE CALAVERAS COUNTY SUPERIOR COURT ADOPTING A REVISED LOCAL RULES WHEREAS, it is the mission of the Calaveras County Superior Court to provide equal justice for all, and WHEREAS, the court's values are to provide equal justice in a timely, consistent and professional manner, and WHEREAS, the Local Rules for the Calaveras County Superior Court promote the court's mission and values, and WHEREAS, these revised Local Rules for the Calaveras County Superior Court are adopted pursuant to the authority granted by California Rules of Court, Rule 981. NOW, THEREFORE, IT IS ORDERED as follows: The Local Rules for the Calaveras County Superior Court, as amended and listed in Appendix A, attached hereto, are adopted for use effective January 1, 2019 and on that date shall supersede all local court rules previously adopted by this court. Dated: //-20-/8 Hon. Tinjothy S. Healy Presiding Judge, Calaveras Superior Court

CHAPTER | ~ PRELIMINARY RULES Ll 1.2 13 1.4 1.5 1.6 1.7 CHAPTER 2 — GENERAL RULES 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 CHAPTER 3- CIVIL RULES 3.1 3.2 3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.4 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 3.4.8 3.4.9 Calaveras Superior Court TABLE OF CONTENTS LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF CALAVERAS COURT EFFECTIVE JANUARY 1, 2019 Scope of Rules (Eff 7/1/98; As amended, eff. 1/1/01.) Citation of Rules (Eff 7/1/98; As amended, eff. 1/1/01). Effective Date of Rules (Eff 7/1/98; As amended, eff. 1/1/19. Effect of Rules (Eff 7/1/98; As amended, eff. 1/1102.) .e.sso Construction and Application of Rules (Ef 7/1/98; As amended, eff. 1/1/01.).... State Rules and Corresponding Local Rules (Eff. 7/1/98; As amended, eff. Wil. ) . Amendment, Addition or Repeal of these Rules - Sanctions for Failure to Comply with Rules. (Ef. 7/1/98; As amended, eff. 1/1101.) eecsesssressressssssesesesssnesvecesneeenesessanesreserneersenesseaeereaenesseareneerens Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 9/1/15,).. Facsimile Filings (Eff 1/1/08; As amended eff. 1/1/17.) .scssusesenrsrereess Application for Waiver of Court Fees and Costs (Eff. 7/1/04; As amended eff. 1/1/08.). Ex Parte or Informal Communication with the Court (Eff. 1/1/02; As amended, eff. 1/1/18.) Sealed / Confidential Records (Eff 1///02; As amended, eff. 7/1/09.)... Court Interpreters (Eff 7/1/03; As amended, eff. 1/1/18.) sso Official Reporting Services (Eff 7/1/98; As amended, eff. 1/1/19.) .. Calendaring Requests (Eff, 7/1/03; As amended, eff. 7/1/10.) Appearance for Another Attomey (Eff. 7/1/98; As amended, eff. 7/1/02.) Compensation of Appointed Counsel (Eff 1/1/06) .....ssssesssesseresrneseseerseons Audio/Visual and Other Equipment for Demonstrative Evidence (Eff. 7/1/06) Bulky and Hazardous Exhibits (Ej 1/1/04.) Coordination of Personal Conduct Orders (Eff 1/1/04; As amended, eff. 7/1/09, Photographing, Recording, or Broadcasting in Court (Eff 1/1/09; As amended, eff. 7/1/12.) Electronic Filing (Eff 1/1/18) .csccssssessorssessscssssssseseensensersesavecnsegaensesssssnenensssasesaasnsaeueaensesseusae CPAAWAAAGRUULHWwWwWwwe Ex Parte Applications (Eff, 7/1/98; As amended, eff. 1/1/18.) sesso Proof Of Service of Summons (Eff. 7/1/98; As amended, eff. 7/1/09.).. Law and Motion (Eff 1/1/04; As amended, eff. 1/1/18.) essen Motion to be Relieved as Counsel (Eff 7/1/98; As amended, eff. 1/1/08.) — Default Judgments by Affidavit (Eff 7/1/98; As amended, 1/1/08.).. 14 Attorney’s Fees on Default Judgments (Eff //1/01,).... Orders After Hearing (Eff. 7/1/98; As amended, eff 1/1108, ). Continuances on Short Cause Law and Motion and Order to Show Cause Calendar (Ef, 71/98: As amended, eff. 1/1101.) vrescsescrscvercsserescrsssanevenersnesenertscensereas Lack of Appearance (Eff 7/1/98; As amended, eff. 7/1/05.) Tentative Rulings (Repealed Eff, 7/1/06; As amended 1/1/18) Civil Delay Reductions Rules... Scope and Policy (Eff 7/1/98; As amended, eff, ) Definition of General Civil Case (Eft 7/98: As amended, eff. 7/1/02.) .. 16 Initial Contact (Eff 7/1/98; As amended, eff. 1/1/01)... . 16 Cross-Complaints (Eff 7/1/98; As amended, eff. 7/1/02, ) + 16 Case Management Conference (Eff. 7/1/98; As amended, eff ). 16 Differentiation of Cases to Achieve Goals (Eff 7/1/98; As amended, eff. 1/1/08.) . .17 Demand for Jury Trial (Eff, 7/1/98; As amended, eff. 7/1/04.) 17 Motions (Eff. 7/1/98.) .osscsscssecsecssessecrecsrrevessvesaresavensrenessneensorss “ At-Issue Memorandum Abolished (Eff 7/1/98.) ...sssccsssvscssesssssssesrssconsssssssesssnccasueassetaeeseeesoseaterse Local Rules for the Calaveras Superior Court - General Rules — Chapter - i

Calaveras Superior Court 3.4.10 Sanctions (Eff 7/1/98.)... a we LT 3.5 Judicial Arbitration (Eff TH/98; As ‘amended, ff W108, ). .17 3.6 Settlement Conference... 18 3.6.1 Requirement of Settlement Conference Efe TH: AS “amended, eff. - 18 3.6.2 Each Party to be Prepared (Eff 7/1/98; As amended, eff. 111/14.) ceo .18 3.6.3 Settlement Conference Statement (Eff. 7/1/98; As amended, eff. 1/1/08). 18 3.6.4 Participation in Good Faith (Eff 7/1/98.) ..cescsessssssesssssnesseesnsecnessresneeseaneess a 18 3.6.5 Failure to Appear (Eff 7/1/98; As amended, eff. 7/1/04.) ws we 1D 3.7 Unlawful Detainer Settings (Eff. 1/1/09; As amended, eff. 7/1/09... .19 3.7.1 Unlawful Detainer Trials (Ef 1/1/18) ...seccsmcsesesssscssessensnsevenees 19 3.8 Telephone Appearances (Eff 1/1/02; As Amended eff. 1/1/19.) soe 20 3.9 Civil Mediation Program (Eff 7/1/06; Repealed 1/1 i/11.).... scsensereseasenesceseeesee 20) CHAPTER 4- CRIMINAL RULES 21 4.1 Witness Lists (Eff 7/1/98.)... seca wee 21 4.2 Continuances (Eff 1/1/01; AS ‘amended, of 1/1102, ) 21 4.3 Pleas at the Time of Trial (Eff 7/1/01.) 21 44 Plea Bargaining (Eff 1/1/02.) 21 4.5 Discovery (Ef, 1/1/02.) asso 21 4.6 Motions for Bail Modifications or Release on Own Recognizance (Eff 1/1/02.) . .21 4.7 Traffic Infractions — Trial by Declaration (Eff. 1/1/02; As amended, eff. 7/1/05.). .22 4.8 Fees for Investigators and Experts (Eff 7/1/02; As amended, eff.7/1/12.) uss. .22 4.9 Real Property Bonds in Lieu of Cash Bail (Eff 7///04 As amended, eff. 1/1/11, 23 4.10 Continuance of Infraction Trials (Eff 1/1/13; As amended, eff. 1/1/17). 24 4.11 Misdemeanors and Infractions (Eff 1/1/19.) .. 25 CHAPTER 5- FAMILY LAW and JUVENILE RU 26 5.1 Matters Heard (Eff 7/1/98; As amended, eff. 1/1/14.) ... aoe woe 26 5.2 Setting Family Law Motion Hearings (Eff. 1/1/03; As amended, Wa VS. ) . 26 5.3. Service of Notice / Pleadings of Family Law Motion Hearings (Eff. 1/1/14.) .28 5.4 Filing Family Law Motions with the Court (Eff 1/1/03; As amended, eff. 1/1/14.).. .28 5.5 Pre-Hearing Meet and Confer / Exchange of Documents (Eff 1/1/03.) ...... .29 5.6 Hearings on Family Law Motions (Eff 1/1/03; As amended, eff. 1/1/14.) . 29 5.7 Orders on Motions and Stipulations (Eff 1/1/03.) ce.secssereecssseesscseerveees 30 5.8 = Trial (Ef. 1/1/03; As amended, eff. 1/1/09.) ... “ . 30 5.8.1 Filing the At-issue Memorandum (Ef 1/1103: AS “amended, ofr 1/1709)... . 30 5.8.2 Mandatory Settlement and Trial Setting Conference (Eff 1/1/03; As amended, eff. 1/1/14.).......30 5.9 Family Law Caseflow Program (Eff 7/1/02; As amended, eff. 1/1/14)... tee ..30 5.10 Appointment of Counsel Pursuant to Family Code §3150 (Eff 7/1/98; AS ‘amended, off “V/1/04, ) we 32 5.1] Child Custody “Mediation (Ef. 03: AS amended, of Wild, ). 33 5.12 Child Custody Evaluations. (Eff 7/1/01; As amended, eff. 1/1/04.) wine 34 5.13 Family Law Facilitator (Eff 1/1/02; As amended, eff. 1/1/06.) ...... wae 34 5.14 Dismissal of Domestic Violence Orders or Actions (Eff. 7/1/10.) 35 5.15 | Telephonic Appearances for Child Support (Eff 1/1/19.) voces wee 35 JUVENILE RULES 36 5.50 Appointment of Counsel in Juvenile Dependency Proceedings (Eff 7/1/98; As amended, eff. 1/08.) .. ae 2. 36 5.51 Juvenile Facsimile Filings (Ef, VV01; “AS amended eff T1009.) 39 5.52 Authorization to Administer Psychotropic Medications (Ef 7/1/01; As amended, eff. 1/1/08.)..39 5.53 Juvenile, Probate and Family Courts Exchange of Information (Eff 7/1/02; As amended, o 71103.) «.. sees oe 39 5.54 Court Appointed Special “Advocate Program (CASA) “ER ‘O7/OI/1 7) 40 5.54.1 Adoption of Court Appointed Special Advocate Program (Eff. 07/01/17). 40 5.54.2 The CASA (Eff 07/01/17)... 40 5.54.3 Special Advocates (Eff. 07/01/17) 40 5.54.4 Release of Information to the Special Advocate te (EG 97101017) 41 5.54.5 Right To Timely Notice (Eff 07/01/17) .... seas 7” wee 42, Local Rules for the Calaveras Superior Court - General Rules — Chapter - ii

Calaveras Superior Court 5.54.6 Calendar Priority (Eff 07/01/17) 5.54.7 Visitation Through Dependency (Eff, 07/01/17, 5.54.8 Right to Appear (Eff 07/01/17) essesseeese 5.54.9 Distribution of CASA Reports (Eff 07/01/17) . 5.54.10 Distribution of CASA Reports (Eff 07/01/17) .. peeve 43 CHAPTER 6- IS RESERVED 44 CHAPTER 7- PROBATE RULES 45 Wl Compensation for Guardians, Conservators, Trustees and their Counsel, and for Counsel for a Conservatee or Ward (Eff. 7/1/98.) sccssesssserers 7.2 Claims of Minors and Incompetent Persons . 7.2.1 Application for Appointment of Guardian Ad Litem (Ef 7.2.2 Compromise of Claims and Attorney’s Fees (Eff, //1/02.) 7.2.3 Withdrawal of Funds (Eff. 7/1/98.) .esssessessersessssnsssesseessenss 7.3 Probate Petitions and Motion Calendar (Eff 1/1/14; As amended eff. 1/1/18.) CHAPTER 8 —- APPELLATE RULES 8.1 Appellate Department Management (Eff 7/1/98; As amended, eff. 7/1/09.) 8.2 Filing of Appeal, Briefing and Hearing Dates (Eff 7/1/98.) .....sssesesee 8.3 Clerk’s Transcript on Appeal (Eff 7/1/02; As amended, eff. 1/1/09.) 8.4 Record in Appeals to the Appellate Department (Ef: 7/1/09; As amended, eff, 8.5 Briefing Procedure (Eff. 7/1/98.) .... 8.6 Prerogative Writs (Eff 1/1/04)... CHAPTER 9 —IS RESERVED CHAPTER 10 - ADMINISTRATIVE MATTERS 10.1 Presiding Judge (Eff 7/1/98; As amended, 7/1/12.). 10.2 Judicial Vacation Day Defined (Eff 1/1/09,)......... 10.3. Court Executive Officer (Ef 1/1/09; As amended, 1/1/17.). 7 FOR COURT USE ONLY 1 INSTRUCTIONS 1 APPENDIX A. Application for Immediate Court Hearing and Order - Optional (Eff 7/1/08) .. Juvenile Division Certificate of Competence — Mandatory (Eff 1/1/08) .....0.0- Family Law Case Management Conference Statement - Optional (Eff 7/1/02; rev 1/1/08) Interpreter Request Form — Optional (Eff. 1///18). Request for Telephonic Appearance (Family Law) Mandatory (Eff 1/1/19). Local Rules for the Calaveras Superior Court - General Rules — Chapter - iii

Calaveras Superior Court CHAPTER 1 —- PRELIMINARY RULES 1.1 Scope of Rules (Eff 7/1/98; As amended, eff. 1/1/01.) These Local Rules of Court apply to the Calaveras County Superior Court. (Ef 7/1/98; As amended, eff. 1/1/01.) 1.2 Citation of Rules (Eff, 7/1/98; As amended, eff. 1/1/01.) These Rules shall be known and cited as the “Local Rules for the Calaveras County Superior Court.” (Eff 7/1/98; As amended, eff. 1/1/01) 13 Effective Date of Rules (Ef 7/1/98; As amended, eff. 1/1/19.) These Rules shall take effect on January 1, 2019. (Ef 7/1/98; As amended, eff. 1/1/19.) 1.4 Effect of Rules (Ef 7/1/98; As amended, eff. 1/1/02.) These rules shall, on their effective date, supersede all local court rules previously adopted by the Calaveras County Superior Court. (Eff 7/1/98; As amended, eff. 1/1/02.) 1.5 Construction and Application of Rules (E¥ 7/1/98; As amended, eff. 1/1/01.) These Rules shall be construed and applied in such a manner as to not conflict with the California Rules of Court and shall be liberally construed to facilitate and promote the business and administration of justice by the Calaveras County Superior Court. (Ef 7/1/98; As amended, eff. 1/1/01.) 1.6 State Rules and Corresponding Local Rules (Ef 7/1/98; As amended, eff. 1/1/01.) The California Rules of Court are not printed as part of the Calaveras County Local Rules but are considered incorporated within them. Proceedings in the Superior Court of Calaveras County are governed by the California Rules of Court as supplemented by these local rules. Each Local Rule must be read in conjunction with the California Rules of Court. (Eff 7/1/98; As amended, eff. 1/1/01.) 1.7. Amendment, Addition or Repeal of these Rules - Sanctions for Failure to Comply with Rules (Ef, 7/1/98; As amended, eff, 1/1/01.) These Local Rules may be adopted, amended or repealed by the majority vote of the judges of both courts at any judges meeting. Any rules adopted or amended shall be effective subject to the notice and publication requirements of Code of Civil Procedure §575.1 and the requirements of Government Code §68071. Local Rules for the Calaveras Superior Court — Preliminary Rules Page 1