Amador — Local Rules

Source: https://amador.courts.ca.gov/system/files/local-rules/2025-01-01_local-rules-court.pdf

SUPERIOR COURT OF CALIFORNIA

COUNTY OF AMADOR

Local Rules of Court

Effective Date: January 1, 2025

State of California Superior Court County of Amador

PREFACE TO LOCAL RULES AND STANDARDS OF PROFESSIONAL CONDUCT........... 5 0.10 GENERAL ............................................................................................................................ 5 0.20 DUTIES OWED IN PROCEEDINGS BEFORE THE COURT ............................................ 5 CHAPTER 1 – GENERAL RULES ............................................................................................. 6 1.00 SCOPE OF RULES ............................................................................................................. 6 1.01 CITATION OF RULES ........................................................................................................ 6 1.02 EFFECTIVE DATE OF RULES ............................................................................................ 6 1.03 EFFECT OF RULES ........................................................................................................... 6 1.04 CONSTRUCTION AND APPLICATION OF RULES ............................................................. 6 1.05 ADOPTION OF CALIFORNIA RULES OF COURT .............................................................. 7 1.06 AMENDMENT, ADDITION, OR REPEAL OF THESE RULES; SANCTIONS FOR FAILURE TO COMPLY .......................................................................................................................... 7 1.07 RULES GOVERNING PROBATE FILINGS. ......................................................................... 7 CHAPTER 2 – JUDICIAL ADMINISTRATION ........................................................................... 7 2.00 PRESIDING JUDGE .......................................................................................................... 7 2.01 DEFINITION OF JUDICIAL VACATION ............................................................................. 7 CHAPTER 3 – COURT EXECUTIVE OFFICER ...................................................................... 8 3.00 CLERK OF THE SUPERIOR COURT - COURT EXECUTIVE OFFICER ................................. 8 CHAPTER 4 – CIVIL LAW AND MOTION RULES ............................................................... 8 4.00 PREEMPTION OF LOCAL RULES ..................................................................................... 8 4.01 WITHDRAWING CIVIL MOTIONS ................................................................................... 8 4.02 SUMMARY JUDGMENT MOTIONS ..................................................................................... 8 4.03 TENTATIVE RULINGS ....................................................................................................... 8 4.04 DEFAULT JUDGMENTS BY AFFIDAVIT ........................................................................... 9 4.05 JOINING MOTIONS OF OTHER PARTIES .......................................................................... 9 4.06 CONTINUANCES............................................................................................................ 10 CHAPTER 5 - PRETRIAL SETTLEMENT CONFERENCES.................................................... 10 5.00 SETTLEMENT CONFERENCES AND SETTLEMENT CONFERENCE STATEMENTS .............. 10 5.01 SETTLEMENT CONFERENCE PROCEDURES ................................................................... 11 CHAPTER 6 – CRIMINAL ....................................................................................................... 12 6.00 ARRAIGNMENT ............................................................................................................ 12 6.01 CONTINUANCES............................................................................................................ 12 6.02 WITHDRAWAL AS ATTORNEY OF RECORD .................................................................. 12 6.03 PRETRIAL MOTIONS NOT WAIVED ............................................................................. 12 6.04 FILING OF PAPERS ........................................................................................................ 12 6.05 FORMAT OF MOTIONS, CITATIONS .............................................................................. 15 6.06 MOTIONS AT TRIAL ....................................................................................................... 15 6.07 FAILURE OF MOVING PARTY TO APPEAR .................................................................... 15 6.08 TAKING MATTERS OFF CALENDAR ............................................................................ 15 6.09 SETTING EVIDENTIARY MOTIONS ............................................................................... 16 6.10 DISCOVERY REQUESTS ................................................................................................. 16 6.11 NUMBERING OF DISCOVERY DOCUMENTS AND TAPES ............................................... 16 6.12 DISCOVERY MOTIONS................................................................................................... 16 6.13 PROBABLE CAUSE HEARINGS ..................................................................................... 17 6.14 TEMPORARY RELEASE FROM JAIL .............................................................................. 17 6.15 ALTERNATIVE SENTENCING ........................................................................................ 17 6.16 STANDING INCOME DEDUCTION ORDER .................................................................... 17 Revised 01/01/2025 i Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

6.17 JURY INSTRUCTIONS ...................................................................................................... 19 6.18 PLEAS AT THE TIME OF TRIAL ..................................................................................... 19 6.19 PLEA BARGAINING ....................................................................................................... 19 6.20 ANCILLARY DEFENSE EXPENSES ................................................................................... 19 6.20 APPOINTMENT OF INVESTIGATORS/ANCILLARY SERVICES ............................................ 20 6.20.2 CLAIMS FOR PAYMENT .................................................................................................. 20 6.20.3 INVESTIGATORS, EXPERTS AND OTHER ......................................................................... 21 6.20.4 TRANSCRIPTION SERVICES ............................................................................................ 21 CHAPTER 7 - CIVIL PRETRIAL AND TRIAL SETTING FOR CIVIL CASES ................ 21 7.00 [NUMBER RESERVED FOR FUTURE USE] ............................................................ 21 7.01 DUTIES IF CASE SETTLES .............................................................................................. 21 7.02 MOTIONS IN LIMINE ..................................................................................................... 21 CHAPTER 8 - TRIAL COURT DELAY REDUCTION ......................................................... 22 8.01 TRIAL COURT DELAY REDUCTION PROGRAM ............................................................ 22 8.02 INCLUDED ACTIONS; EXCEPTIONS, EXCLUDED ACTIONS ........................................... 22 8.03 DISPOSITION OF PROGRAM CASES .............................................................................. 22 8.04 FILING AND SERVICE OF PLEADINGS ........................................................................... 22 8.05 CASE MANAGEMENT CONFERENCES .......................................................................... 23 8.06 FAILURE TO COMPLY WITH RULES ............................................................................... 24 8.07 [NUMBER RESERVED FOR FUTURE USE] ......................................................... 24 8.08 MOTIONS FOR RELIEF FROM TIME LIMITS. .................................................................. 24 8.09 [NUMBER RESERVED FOR FUTURE USE] ......................................................... 24 8.10 EXEMPTION OF COMPLEX LITIGATION ........................................................................ 24 8.11 DISMISSALS ................................................................................................................... 25 8.12 AT-ISSUE MEMORANDUM ........................................................................................... 25 8.13 CROSS-COMPLAINTS .................................................................................................... 25 8.14 CIVIL MEDIATION PROGRAM ...................................................................................... 25 CHAPTER 9 – ARBITRATION ................................................................................................ 27 9.00 ORDERING ARBITRATION .......................................................................................... 27 9.01 RANDOM SELECTION .................................................................................................... 27 9.02 APPOINTMENT OF ARBITRATOR ................................................................................. 27 9.03 WHERE ARBITRATOR DECLINES TO SERVE ............................................................... 27 9.04 NO HEARING DUE TO NEGLECT OF PARTY .................................................................. 27 9.05 FILING AWARD AND TRIAL DE NOVO ......................................................................... 27 9.06 ARBITRATOR’S FEES ................................................................................................... 28 CHAPTER 10 - SELECTION AND EMPANELMENT OF JURORS ................................... 28 10.00 JUROR SELECTION PROCEDURES ................................................................................ 28 10.01 REQUESTS FOR EXCUSE - PROCEDURE ........................................................................ 28 10.02 PREPARATION OF JURY PANELS .................................................................................. 29 10.03 SEALING OF JUROR PERSONAL IDENTIFYING INFORMATION .................................... 29 CHAPTER 11 – MISCELLANEOUS ....................................................................................... 29 11.00 PHOTOCOPYING AND REPRODUCING OFFICIAL COURT RECORDS ............................. 29 11.01 PRINTED FORMS .......................................................................................................... 29 11.02 ACCEPTANCE OF CHECKS AND OTHER NEGOTIABLE PAPER ...................................... 30 11.03 JURY FEES ..................................................................................................................... 30 11.04 [NUMBER RESERVED FOR FUTURE USE] ......................................................... 30 11.05 OFFICIAL REPORTER FEES ........................................................................................... 30 Revised 01/01/2025 ii Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

11.06 AVAILABILITY OF COURT REPORTING SERVICES .......................................................... 31 11.07 INTERPRETERS AND TRANSLATORS .......................................................................... 31 11.08 CONTACTING COURT’S LEGAL RESEARCH STAFF ...................................................... 32 11.09 REMOTE APPEARANCES .............................................................................................. 32 11.10 ATTORNEY'S FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY'S FEES, AND FORECLOSURES; ATTORNEY'S FEE SCHEDULE ..................................................................................................................... 32 11.11 ATTORNEY'S FEES IN RESIDENTIAL UNLAWFUL DETAINER ACTIONS ....................... 33 11.12 FORM OF JUDGMENT ................................................................................................... 33 11.13 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM STIPULATION ..................... 34 11.14 REPLACING LOST PAPERS .............................................................................................. 34 11.15 APPEAL FROM DECISION OF THE LABOR COMMISSIONER UNDER LABOR CODE SECTION 98.2 ................................................................................................................. 34 11.16 ONLINE ELECTRONIC CASE FILING ............................................................................... 35 11.17 FILING/LODGING OF CONFIDENTIAL PAPERS ............................................................... 35 11.18 EXTRAORDINARY WRITS.............................................................................................. 35 11.19 ELECTRONIC RECORDING ............................................................................................ 35 11.20 CASE INTAKE SHEET .................................................................................................... 36 11.21 SUBMISSION OF ORDERS AND SETTLEMENT AGREEMENTS .......................................... 36 11.22 DROP BOX POLICY ........................................................................................................ 37 11.23 DIRECT CALENDARING OF CASES .................................................................................. 37 11.24 HABEAS CORPUS ......................................................................................................... 37 11.25 PHOTOGRAPHY AND RECORDING IN COURTHOUSE................................................... 38 11.26 EX PARTE ORDERS IN FAMILY LAW MATTERS .......................................................... 39 11.27 FILING OF PAPERS ........................................................................................................ 39 11.28 RESERVED HEARINGS .................................................................................................. 39 11.29 COURTROOM ATTIRE ..................................................................................................... 40 11.30 UNLAWFUL DETAINER – DISMISSAL .............................................................................. 40 11.31 SMALL CLAIMS – RETURN OF SERVICE .......................................................................... 40 11.32 SMALL CLAIMS – EXHIBITS ........................................................................................... 40 11.33 SMALL CLAIMS - UNTIMELY APPEALS .......................................................................... 40 CHAPTER 12 - CLAIMS OF MINORS AND INCOMPETENT PERSONS ........................ 40 12.00 APPLICATION FOR APPOINTMENT OF GUARDIAN AD LITEM .......................................... 40 12.01 COMPROMISE OF CLAIMS .............................................................................................. 41 12.02 [NUMBER RESERVED FOR FUTURE USE] ......................................................... 42 CHAPTER 13 - FAMILY LAW ................................................................................................ 42 13.00 MATTERS HEARD; FINANCIAL DECLARATIONS .......................................................... 42 13.01 CALENDAR FOR FAMILY LAW AND MOTION, ORDERS TO SHOW CAUSE, AND REQUESTS FOR OTHER ORDERS ...................................................................................................... 44 13.02 SETTLEMENT CONFERENCES AND MEET-AND-CONFER RULE ................................... 45 13.03 STATEMENT OF ISSUES IN LONG CAUSE CASES ............................................................. 45 13.04 FAILURE TO SERVE ....................................................................................................... 46 13.05 CONTINUANCES ON SHORT CAUSE CALENDARS ........................................................ 46 13.06 LACK OF APPEARANCE ................................................................................................ 46 13.07 MATTERS EXCEEDING 5-10 MINUTES; SPECIAL SETTING. .............................................. 46 13.08 CHILD CUSTODY/VISITATION; REFERRAL FOR REPORT ............................................. 46

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State of California Superior Court County of Amador

13.09 APPOINTMENT OF COUNSEL FOR MINOR CHILD PURSUANT TO FAMILY CODE SECTION 3150 AND RULE 5.240 OF THE CALIFORNIA RULES OF COURT ...................... 49 13.09.1 PARTICIPATION OF CHILD ............................................................................................. 50 13.10 REPORT OF EXPERT APPOINTED PURSUANT TO EVIDENCE CODE SECTION 730 ......... 50 13.11 TEMPORARY ORDERS FOR CHILD CUSTODY AND SUPPORT ................................... 50 13.12 STEPPARENT ADOPTIONS ........................................................................................... 51 13.13 STIPULATIONS MODIFYING EXISTING ORDERS ........................................................... 51 13.14 UNCONTESTED TRIALS IN DISSOLUTION AND LEGAL SEPARATION MATTERS ........ 52 13.15 LONG CAUSE CONTESTED HEARINGS/TRIALS .............................................................. 54 13.16 JUDGMENTS AND ORDERS .......................................................................................... 55 13.17 [NUMBER RESERVED FOR FUTURE USE] ......................................................... 57 13.18 CONTINUANCE FEES ...................................................................................................... 57 13.19 [NUMBER RESERVED FOR FUTURE USE] ............................................................ 57 13.20 REMOTE APPEARANCES IN CHILD SUPPORT MATTERS .................................................. 57 13.21 DUTIES OF THE FAMILY LAW FACILITATOR ................................................................... 57 13.22 COUNSEL APPOINTED TO REPRESENT CHILD IN CUSTODY OR VISITATION PROCEEDINGS: COMPLAINT PROCEDURE ................................................................... 58 13.23 FAMILY LAW CASE MANAGEMENT ............................................................................ 58 CHAPTER 14 – JUVENILE ...................................................................................................... 60 14.01 APPOINTMENT OF COUNSEL IN JUVENILE DEPENDENCY PROCEEDINGS .................... 60 14.02 APPOINTMENT OF GUARDIAN AD LITEM FOR MINORS. .......................................... 62 14.03 COURT-APPOINTED SPECIAL ADVOCATE (CASA). .................................................... 63 14.04 COURT APPOINTED ATTORNEY FEES: DEPENDENCY .................................................... 65 CHAPTER 15—TRAFFIC ........................................................................................................ 65 15.01 TRIAL BY DECLARATION ............................................................................................. 65 15.02 CONTINUANCES............................................................................................................ 66 CHAPTER 16—DOMESTIC VIOLENCE COORDINATION RULES ................................. 66 16.01 COURT COMMUNICATION .............................................................................................. 66 16.02 AVOIDING CONFLICTING ORDERS ............................................................................... 66 16.03 MODIFICATION OF CRIMINAL ORDERS ....................................................................... 67 16.04 COEXISTING CRIMINAL AND FAMILY OR JUVENILE ORDERS.................................... 67 CHAPTER 17—PROBATE ....................................................................................................... 67 17.01 ACCOUNTINGS IN GUARDIANSHIPS AND CONSERVATORSHIPS................................. 67 17.02 SUCCESSOR CONSERVATORS AND GUARDIANS ........................................................ 67 17.03 INVESTIGATOR FEES .................................................................................................... 67 17.04 DEATH OF CONSERVATEE ............................................................................................ 68 17.05 CONSERVATOR’S DUTY TO DOWNLOAD HANDBOOK AND VIEW ONLINE VIDEO ........... 68 17.06 APPOINTMENT OF INVESTIGATOR IN CONSERVATORSHIP MATTERS ....................... 68 17.07 CAPACITY DECLARATIONS ............................................................................................ 69 CHAPTER 18—APPELLATE DIVISION ............................................................................... 69 18.01 RECORD IN MISDEMEANOR AND INFRACTION APPELLATE DIVISION CASES. ........... 69 18.02 ELECTRONIC RECORDING AS PART OF APPELLATE RECORD ..................................... 69 APPENDIX OF LOCAL FORMS ................................................................................................ 70 APPENDIX OF LOCAL FORMS (ORDERED BY NAME) ...................................................... 84 FILING INSTRUCTIONS AND SUMMARY OF CHANGES ................................................... 72 ALPHABETICAL INDEX OF LOCAL RULES ......................................................................... 73 LIST OF EFFECTIVE DATES 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State of California Superior Court County of Amador

PREFACE TO LOCAL RULES AND STANDARDS OF PROFESSIONAL CONDUCT

The Amador County Superior Court endorses the “CALIFORNIA ATTORNEY GUIDELINES OF CIVILITY AND PROFESSIONALISM” adopted by the State Bar of California on July 20, 2007, and hereby encourages all attorneys practicing before it to comply with these guidelines. In addition, the Court adopts the following rules of conduct:

0.10 GENERAL
A. Lawyers must observe all rules of law, including the California Rules
of Professional Conduct and the State Bar Act, particularly Business
and Professions Code section 6068.

B. Lawyers should honor their commitments.

C. Lawyers should honor and maintain the integrity of our system of justice.

D. Lawyers should not compromise their integrity for the sake of a client, case
or cause.

E. Lawyers should conduct themselves in a professional manner.

F. Lawyers should be guided by a fundamental sense of fair play in all
professional dealings.

0.20 DUTIES OWED IN PROCEEDINGS BEFORE THE COURT
A. Lawyers should always be courteous and respectful to the court.

B. Lawyers should always be candid with the court.

C. Lawyers and clients appearing in court should be dressed neatly and appropriately
when they enter the courtroom. The court deems it inappropriate for any attorney to
appear in court wearing jeans or tennis shoes.

D. Lawyers should be on time.

E. Lawyers should be prepared for all court appearances.

F. Lawyers should attempt to resolve, by agreement, their differences relating
to procedural and discovery matters.

G. Lawyers should discourage and decline to participate in litigation that is
without merit or is designed primarily to harass or drain the financial
resources of the opposing party.

H. Lawyers should avoid any communication, direct or indirect, about a pending
case with a judge except as permitted by court rules or otherwise authorized by
law.

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State of California Superior Court County of Amador

I. Lawyers should refrain from impugning the integrity of the judicial system,
its proceedings, or its members.

J. Lawyers should be cognizant of the fact that when they appear in court at the
same time pro per litigants are appearing, the pro per litigants may look to the
lawyers to set the standards of conduct. Lawyers should endeavor to set a
proper example in their dealings with the court, opposing counsel, and opposing
parties.

K. For purposes of these rules, the term counsel or attorney shall
include self-represented parties.

(Effective 7/1/2015)

CHAPTER 1 – GENERAL RULES
1.00 Scope of Rules
These Local Rules of Court apply to the Amador County Superior Court.

(Effective 1/1/95; Amended 1/1/00)

1.01 Citation of Rules

These Rules shall be known and cited as the "Local Rules for the Amador County Superior Court."

(Effective 1/1/95; Amended 1/1/00)

1.02 Effective Date of Rules

These Rules shall take effect July 1, 2017

(Effective 1/1/95; Amended 7/1/01; Amended 1/1/03; Amended 7/1/07; Amended 1/1/08; Amended 7/1/08; Amended 1/1/09; Amended 7/1/09; Amended 1/1/10; Amended 7/1/10; Amended 1/1/11; Amended 7/1/11; Amended 7/1/12; Amended 1/1/13; Amended 7/1/13; Amended 7/1/2015; Amended 7/1/2017)

1.03 Effect of Rules
These rules shall on their effective date supersede all local court rules previously

adopted by the Amador County Superior Court.

(Effective 1/1/95; Amended 1/1/00)

1.04 Construction and Application of Rules
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 Amador County Superior Court.

(Effective 1/1/95; Amended 1/1/00)

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State of California Superior Court County of Amador

1.05 Adoption of California Rules of Court
The court hereby adopts the California Rules of Court, which are applicable to superior

courts in civil and criminal cases, and the Uniform Local Rules for Third Appellate District Superior Courts. In every proceeding, Judicial Council forms shall be used when applicable.

(Effective 1/1/95; Amended 1/1/00; Amended 7/1/2015)

1.06 Amendment, Addition, or Repeal of these Rules; Sanctions for Failure to Comply A. These local rules may be adopted, amended, or repealed by the judges of the court at any judges’ meeting. Any rules adopted or amended shall be effective subject to the notice and publication requirements of Code of Civil Procedure section 575.1 and the requirements of Government Code section 68071.

B. These rules, where applicable to civil actions and proceedings and as amended
from time to time, are adopted pursuant to Code of Civil Procedure section
575.1. Any counsel, party represented by counsel, or party appearing in pro per,
who fails to comply with any of the requirements set forth in these rules, shall
upon motion of a party or the court be subject to the sanctions set forth in Code
of Civil Procedure section 575.2, Code of Civil Procedure section 177.5 and
California Rules of Court, rule 2.30.

(Effective 1/1/95; Amended 1/1/00; Amended 1/1/07; Amended 7/1/2015)

1.07 Rules Governing Probate Filings.
With the exception of tentative ruling procedures, the civil law and motion rules

contained herein shall be applicable to the filing of documents in probate proceedings except where otherwise provided by statute.

(Effective 1/1/97; Amended 7/1/2017)

CHAPTER 2 – JUDICIAL ADMINISTRATION
2.00 Presiding Judge
The presiding judge of the Amador County Superior Court shall be selected by agreement

of the judges and shall serve a two-year term, which shall commence on January 1 of the first year and expire on December 31 of the second year. The next term shall commence effective January 1, 2021 and expire December 31, 2022. The terms shall run in two-year periods for each term thereafter. If the presiding judge is absent or unable to act, then the other judge will act as presiding judge.

(Effective 1/1/95; Amended 7/1/01; Amended 12/01/2020)

2.01 Definition of Judicial Vacation
A day of vacation for a judge of the court is an approved absence for one full business

day. Other absences from the court listed in California Rules of Court, rule 10.603(c)(2)(H) are excluded from this definition.

(Effective 7/1/2015)

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State of California Superior Court County of Amador

CHAPTER 3 – COURT EXECUTIVE OFFICER
3.00 Clerk of the Superior Court - Court Executive Officer
There shall be appointed a Court Executive Officer (or CEO) for the Superior Court of

Amador County who shall be selected by agreement of the Superior Court Judges and shall serve at the pleasure of said judges. Under the direction of the Presiding Judge, the Court Executive Officer shall perform the duties described in Rule 10.610 of the Standards of Judicial Administration as adopted by the Judicial Council, and any other duties as may be outlined in the job description or assigned by the Presiding Judge.

(Effective 1/1/95; Amended 7/1/01; Amended 1/1/07; Amended 7/1/10; Amended 7/1/17)

CHAPTER 4 – CIVIL LAW AND MOTION RULES 4.00 Preemption of Local Rules All local rules related to pleadings, demurrers, ex parte applications, motions, discovery,

provisional remedies, and form and format of papers have been preempted by the California Rules of Court and applicable provisions of the Code of Civil Procedure. To the extent there is a conflict or inconsistency between the Rules of Court and these rules, the Rules of Court will take precedence. The failure of counsel or a party to comply with the relevant provisions of the California Rules of Court may subject counsel and/or the party to sanctions pursuant to Rules of Court, rule 2.30.

(Effective 1/1/00; Amended 1/1/07; Amended 7/1/2015)

4.01 Withdrawing Civil Motions

The moving party shall file with the Court, at least two (2) court days before the motion

is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice.

(Effective 7/1/12; Amended 7/1/2015)

4.02 Summary Judgment Motions

At the time moving and opposing papers are filed, the parties shall lodge with the clerk’s

office a chambers copy of all pleadings and papers filed.

(Effective 7/1/2015)

4.03 Tentative Rulings
A. The court operates a tentative ruling procedure for all regularly scheduled civil law
and motion matters. On the afternoon of the court day before a law and motion
matter is calendared for hearing, the court shall prepare a tentative ruling for each
matter on calendar. Tentative rulings for the next court day will be available after
2:00 p.m. on the Court's online portal under “Events” of the case once logging in
at http://www.amadorportal.org. Notice of intent to appear at the hearing by
leaving a voice message on the court’s oral argument line at (209) 257-2692,

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State of California Superior Court County of Amador

pursuant to CRC 3.1308(a) is required. If a party is unable to access the online
portal, the tentative ruling may be accessed by telephoning (209) 257-2603, prior
to 3:00 p.m.

B. Parties satisfied with a tentative ruling need not appear at the scheduled hearing,
unless ordered to do so by the court. Parties intending to appear and contest the
tentative ruling must notify the court and opposing counsel by telephone no later
than 4:00 p.m. on the court day before the hearing. Unless opposing counsel has
been notified of such intent, oral argument will not be permitted.

C. Where appearance has been requested or invited by the court, limited oral
argument will be entertained.

D. All noticed motions and demurrers in civil matters shall include the following
information in the notice:

"Pursuant to Local Rule 4.03, the court will make a tentative ruling on the
merits of this matter by 2:00 p.m., the court day before the hearing. To
receive the tentative ruling, call (209) 257-2603 or visit the Court’s
website, www.amadorcourt.org. If you intend to appear and contest the
tentative ruling, you must notify the court and opposing counsel of such
intent by telephone no later than 4:00 p.m. on the court day preceding the
hearing. If you do not provide proper notice to the court and the opposing
party no hearing will be held."

E. Absent oral argument, the tentative ruling will become the ruling on the motion,
becoming effective at the date and time set for the noticed motion.

F. These tentative ruling procedures do not apply in any case in which a
self-represented party is in the custody of the California Department
of Corrections.

(Effective 7/1/01; Amended 7/1/04; Amended 1/1/08; Amended 7/1/10; Amended 7/1/11; Amended 7/15/2015; Amended 1/1/2023, Amended 1/1/2025)

4.04 Default Judgments by Affidavit
If a default judgment is requested by affidavit pursuant to Code of Civil Procedure section
585(d), the requesting party shall comply with rule 3.1800 of the Rules of Court. If, after
reviewing the materials submitted, the court determines personal testimony is required,
the clerk shall so advise the moving party. If testimony is required, the moving party must
apply to the clerk for a hearing date and file the form provided by the court for setting
default or uncontested matters for hearing.

(Effective 7/1/01; Amended 1/1/07; Amended 7/15/2015)

4.05 Joining Motions of Other Parties
If a party desires to receive the same relief as another party and files papers "joining"

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State of California Superior Court County of Amador

another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. The notice of joinder must include a specific showing of the basis for the relief sought by the other party and how it applies to the joining party.

(Effective 7/1/01; Amended 7/1/12; Amended 7/1/2015)

4.06 Continuances
These provisions apply only to the continuances of law and motion matters and do not

apply to the continuances of trial or any matters set pursuant to the Trial Delay Reduction Rules. If the requested continuance is uncontested and has been served, the matter may be re-calendared upon request of the moving party. The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per. In no event shall the matter be reset more than twice. Failure to provide confirming notice, as directed herein, will result in the matter being dropped from the calendar.

If the continuance involves a motion, which has not yet been served, the matter may be

re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.

If the requested continuance is contested, or if the matter has been previously reset by the

clerk more than twice, the request shall be made by noticed motion or ex parte application pursuant to the rules set forth herein.

Any court ordered hearing, such as a hearing on an order to show cause, an application for

a temporary restraining order or injunctive relief, may be continued only on order of the court. The order may be obtained ex parte or by written stipulation of all parties submitted to the court five (5) court days before the date set for hearing.

The court must approve any continuance of a motion for summary judgment or a motion

for summary adjudication. The order may be obtained by ex parte application. Any request for continuance of such a motion must be made at least seven (7) court days before the scheduled hearing.

If any party intends to appear in court to request continuance of a motion, such party shall

notify the court at least seven (7) court days before the time set for hearing.

(Effective 7/1/01; Amended 7/01/04; Amended 1/1/07; Amended 7/1/09; Amended 7/1/11; Amended 7/1/2015)

CHAPTER 5 - PRETRIAL SETTLEMENT CONFERENCES
5.00 Settlement Conferences and Settlement Conference Statements
A. This court views efforts to settle civil proceedings as an essential part of the
judicial process. The Court expects that all efforts to settle shall be made in
good faith and in conformity with the rules of this chapter.

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B. A party to any contested civil proceeding may file a written application to the court
for a specially set settlement conference. If granted, the rules in this chapter shall be
applicable to such settlement conference.

C. Each party shall lodge with the court no later than five (5) court days before the
conference and serve on the other parties a written statement that conforms to rule
3.1380 of the California Rules of Court.

(Effective 1/1/95; Amended 1/1/00; Amended 7/1/2015; Amended 7/1/2017; Amended 7/1/2019)

5.01 Settlement Conference Procedures
A. Attendance and Authority.

Trial counsel, the parties, and all persons whose consent is necessary for a settlement
must attend. All persons required to attend must have full authority to settle the case.

B. Powers of the Court at Settlement Conferences.

1. A judge pro tem shall not, without stipulation, change the date set for trial.
The judge pro tem shall not, without stipulation, hear or rule upon law and
motion matters, and may also accept and file the written stipulations by the
parties.

2. If parties stipulate, in a writing signed by the parties outside the presence
of the court, or orally before the court, for settlement of the case, or part
thereof, the court, upon motion, may enter judgment pursuant to the
terms of the settlement. Enforcement of the settlement shall be pursuant
to Code of Civil Procedure section 664.6.

C. Excuses from Attendance; Telephone Availability.

1. Any person whose attendance at a settlement conference is required by
these rules may be excused by the court, on request made in writing not
less than five (5) court days before the date set for the settlement
conference.

2. Any person excused by the court for good cause shown shall remain
immediately available for telephone communication with counsel and the
court for the duration of the settlement conference.

3. Any person seeking to be excused from personal appearance shall meet and
confer with the opposing party and shall attempt to obtain a stipulation
excusing the person from attendance before to submitting a request to the
court.

D. Waiver of Rules.

Waiver of the provisions of this chapter or rule 3.1380 of the California Rules of

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Court is disfavored. The court may, in its discretion, waive certain provisions for good cause but absent extraordinary circumstances, will not waive the provisions of

rule 3.1380 relating to settlement conference statements.

(Effective 1/1/95; Amended 7/1/01; Amended 1/1/03; Amended 7/1/04; Amended 1/1/08; Amended 7/1/11; Amended 7/1/12; Amended 7/1/2015; Amended 1/1/2023)

CHAPTER 6 – CRIMINAL 6.00 Arraignment

Where a defendant has been held to answer on felony charges following a preliminary

examination, or where a defendant has waived a preliminary hearing, the court will seek a stipulation that the complaint or amended complaint be deemed the information filed forthwith. The defendant may then be arraigned on the information.

(Effective 1/1/95; Amended 1/1/00; Amended 7/15/2015)

6.01 Continuances
No matters will be continued unless approved by the court for good cause. Strict

compliance with Penal Code section 1050 is required, unless excused by the court pursuant to subdivisions (c) and/or (d) of section 1050.

(Effective 1/1/95; Amended 7/15/2015)

6.02 Withdrawal as Attorney of Record

An attorney privately retained to represent a defendant in a criminal proceeding shall not

withdraw from such representation, unless authorized by order of the court, pursuant to the consent of the defendant, or following a hearing on a duly noticed and a timely motion seeking permission to withdraw.

(Effective 1/1/95; Amended 7/15/2015)

6.03 Pretrial Motions Not Waived
Any pretrial motions, including demurrers, may be made after arraignment on

the information.

(Effective 1/1/95; Amended 7/15/2015)

6.04 Filing of Papers
A. A law and motion matter may be set:

1. By filing a noticed motion.

2. By court order issued upon oral request of a party made in open court at a
time when the case is otherwise regularly calendared; or

3. By submission of an Ex Parte Application to set matter on calendar and
Proposed Order on the form available on the Court’s website,

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www.amadorcourt.org. Notice of any Ex Parte Application to set matter on
calendar must be provided to the opposing party no less than twenty-four
(24) hours prior to the hearing. If twenty-four (24) hours notice is not given,
an explanation why proper notice was not provided must be included in the
Ex Parte Application. Notice must be provided during regular business
hours. Failure to include the required notice, or sufficient cause for failing
to do so, may result in the denial of the Application. The twenty-four (24)
hour notice provision may be waived by the parties upon written
stipulation.

B. Unless otherwise ordered by the court, the date and time of all hearings will be set
by the clerk.

C. All initial moving papers relating to pretrial motions, including those filed after
obtaining an order shortening time, shall be filed with the clerk. No matter shall be
calendared prior to the filing of the moving papers. Documents submitted for filing
which are required to be kept confidential pursuant to statute or court order, must
contain the work “CONFIDENTIAL” in bold caps directly beneath the document title
and should be filed under seal under the provisions set forth in rule 2.551 of the
California Rules of Court.

1. Police Reports Containing Confidential Personal Information

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

In the alternative to providing declarations to the court, the parties may
submit copies of police reports, arrest reports or investigative reports that
are redacted of all “confidential personal information” of victims and/or
witnesses. The redacted copies of these reports provided to the court must
be attached to a declaration attesting to the fact that all “confidential
personal information” of victims and/or witnesses has been effectively
redacted from the reports.

All agencies should bear in mind that the court will not undertake the task of
redacting any confidential personal information of victims or witnesses from
documents submitted for the court’s consideration. Rather, the burden to
ensure that this information is not included within any documents presented
falls squarely on the agencies preparing and presenting them to the court. In
this respect, the court may exercise its discretion to accept or reject a police,

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arrest or investigative report containing confidential personal information
that is submitted

2. Confidentiality of Pretrial Services Records and Information.

Information supplied by a defendant to a representative of the Amador
County Probation Department during the defendant's initial interview or
subsequent contacts, or information obtained by the Probation Department
as a result of the interview or subsequent contacts, will be deemed
confidential and will not be subject to subpoena or to disclosure, and will
not subject any employee or agent of the Probation Department to subpoena,
with the following exceptions:

(a) Information relevant to the imposition of conditions of release
must be presented to the court, the prosecutor, the defendant, and
the defendant's attorney, on a standardized form when the court is
considering what conditions of release to impose, and if the
information given is false or misleading, it may be used for
prosecution or impeachment;

(b) Information concerning compliance with any conditions of
release imposed by the court must be furnished to the court, the
prosecutor, the defendant and the defendant's attorney, for
prosecution, impeachment, or for consideration of modification
of conditions of release;

(c) As otherwise ordered by the court in the interest of justice, upon
noticed motion of the party seeking disclosure and a showing of
good cause.

D. Failure to serve and file papers in opposition to a motion, other than an ex parte
application, may, in the court's discretion, be deemed a forfeiture of any objections
and an admission that the motion or other application is meritorious. The court may
also deem, in its discretion, that the party who has failed to timely file written
opposition to a noticed motion has forfeited the right to orally oppose the motion at
the hearing.

E. All opposition and reply papers shall be served upon opposing counsel by personal
delivery, express mail, federal express, email (when agreed to in writing by the
parties), fax, or other means designed to ensure that the opposition and reply
papers are received by opposing counsel within twenty-four (24) hours of filing.
The motion shall not be heard unless the above-mentioned documents have been
served on all parties to the proceeding within the time limits specified. A party
shall not be deemed to have been served until that party receives actual notice of
the motion; or if the notice of motion is mailed through the U.S. mail, a party
shall be deemed to have been served five (5) calendar days after the posting of
the notice of motion.

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F. Failure, without good cause, to comply with the requirements of this rule
concerning the time for filing and serving initial papers may, in the discretion of
the court, be deemed an admission that the motion is without merit. Failure,
without good cause, to comply with the requirements of this rule concerning the
time for filing and serving opposing and reply papers may, in the discretion of
the court, be deemed cause for acting on the matter without consideration of the
document filed in violation of the rule.

G. The above filing rules, paragraphs (A) through (D), do not apply to motions
for continuance.

(Effective 1/1/95; Amended 1/1/96; Amended 1/1/06; Amended 7/1/09; Amended 7/1/11; Amended 7/1/2015)

6.05 Format of Motions, Citations

A. Citations.

Citations to all authorities must conform to the CALIFORNIA STYLE MANUAL. If

counsel relies on authorities from a foreign jurisdiction, such as another state, a copy of such authority shall be attached to the motion. This rule includes Attorney General opinions, local ordinances, law review articles, citations to other state cases and statutes, other than federal cases and United States Supreme Court decisions.

(Effective 1/1/95; Amended 7/15/2015)

6.06 Motions at Trial
In felony and misdemeanor cases, unless otherwise ordered by the court, all motions in

limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities. These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC).

(Effective 7/1/2017)

6.07 Failure of Moving Party to Appear
If a moving party fails to appear when called, the court may, in its discretion, order the

matter off calendar. In the event of an unavoidable scheduling conflict, the moving party can avoid having the matter dropped by calling the court at any time prior to the scheduled hearing and reporting the conflict.

(Effective 1/1/95; Amended 7/15/2015)

6.08 Taking Matters off Calendar
The moving party may withdraw a motion from calendar up to forty-eight (48) hours

before the calendar appearance date by filing a written notice to the court and all parties.

(Effective 1/1/95; Amended 1/1/96; Amended 1/1/09; Amended 7/1/12; Amended 7/15/2015)

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6.09 Setting Evidentiary Motions
Motions requiring the testimony of witnesses, including but not limited to motion s to

suppress evidence, shall not be set for an evidentiary hearing except on a date as selected by the court with both sides present. A motion to set such an evidentiary hearing date may be brought within the time requirements prescribed by the statutory authority governing the motion.

(Effective 1/1/95; Amended 7/1/11; Amended 7/15/2015)

6.10 Discovery Requests
A. At the time of the defendant's first appearance on a felony or misdemeanor
matter, an informal request for continuing discovery shall be deemed to have
been made by the defendant requesting the prosecuting attorney to disclose all
materials required to be disclosed by Penal Code section 1054.1, and by the state
and federal Constitutions, including exculpatory information regarding guilt or
innocence and sentencing mitigation covered by Brady v. Maryland (1963) 373
U.S. 83 and its progeny.

B. At the time the prosecuting attorney provides the discovery of items in
compliance with subparagraph (A) above, the prosecuting attorney shall provide
to defense counsel a written receipt showing the date of compliance and shall
include a written notice that either an informal request is made that the defense
disclose all materials and information set forth in Penal Code section 1054.3 or
that no informal request is being made.

C. Upon receipt of the original request as specified above or any other informal
request, the receiving party shall respond by either providing the information
requested or specifying the items the party refuses to produce and the reason
for the refusal.

(Effective 1/1/95; Amended 7/15/2015)

6.11 Numbering of Discovery Documents and Tapes

All discovery material provided to the opposing side, including documents, photographs,

audio, or video tape recordings, shall be described and listed in a document to be retained by the party providing the discovery. This document shall also set forth the date each item was provided to the opposing side.

(Effective 1/1/95; Amended 7/15/2015)

6.12 Discovery Motions
A. When a party's compliance with an informal discovery request under Local Rule
6.10 is considered insufficient by the requesting party, the requesting party shall
make an informal request for the particular items sought prior to making a formal
discovery motion.

B. A formal motion for an order to compel discovery shall be supported by a
declaration stating facts showing a failure by the opposing party to comply with the

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informal request for discovery. The declaration shall specify in particular those items not disclosed in response to any informal request for discovery.

(Effective 1/1/95; Amended 7/1/2015)

6.13 Probable Cause Hearings

Upon the booking of any person into the county jail, other than pursuant to an arrest

warrant, the arresting agency shall present a declaration to a judge establishing probable cause for the detention. The declaration shall be on a form approved by the court.

(Effective 1/1/95; Renumbered Effective 1/1/06)

6.14 Temporary Release from Jail
A. Except as indicated in subdivision (B) below, applications for temporary release
from custody (in the custody of the sheriff or without such custody) by or on behalf
of inmates confined in the county jail, as sentenced or committed prisoners, shall
be made to the sheriff and not to the court. This process applies to applications for
release for medical, family emergency, education, employment, and related
purposes.

B. The following applications shall be made to the court:

1. Applications for orders to produce an inmate to testify in court as a witness
or to appear in court in a civil matter as a party, including appearances
other than as a petitioner in a habeas action.

2. Applications to the court by affidavit of the sheriff for removal of an inmate
who requires medical or surgical treatment necessitating hospitalization,
which treatment cannot be furnished or supplied at county jail pursuant to
Penal Code section 4011.

3. Applications for commitment of an inmate to mental facility pursuant to
Penal Code section 4011.6.

4. Applications for removal of inmate for mental health services pursuant to
Penal Code section 4011.8.

(Effective 1/1/95; Renumbered Effective 1/1/06; Amended 7/15/2015)

6.15 Alternative Sentencing
Any sentencing order requiring community service shall be administered through

the probation department.

(Effective 1/1/95; Amended 1/1/06)

6.16 Standing Income Deduction Order
This local rule creates a Standing Income Deduction Order which shall apply in any case in

which the court, at the time of sentencing, orders that the defendant pay restitution to the victim

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and/or the Restitution Fund pursuant to Government Code section 13967(c) and/or Penal Code section 1203.04 and also orders an income deduction from all income due and payable to the defendant pursuant to Government Code section 13967.2. This Standing Income Deduction Order shall be effective so long as the order for restitution, upon which it is based, is effective or until further order of the court.

The terms of the Standing Income Order are:

A. The matter is referred to the Probation Department for an evaluation and
recommendation regarding the defendant's ability to pay restitution and ability to pay
through an income deduction. If the defendant does not consent to the amount of the
income deduction recommended by the Probation Department, the matter shall be set
for a hearing before the court. The court shall determine the total amount of income
to deduct for each pay period and shall determine all applicable fees and interest.

B. All payers of income due and payable to the defendant are directed to deduct from
those amounts that sum of money fixed by the court according to paragraph (A)
above.

C. This order applies to all current and subsequent payers and periods of employment.

D. A copy of this order shall be served on the defendant's payor(s).

E. This order is stayed until the Probation Department determines that the defendant
has failed to meet his/her obligation under the restitution order and the defendant has
failed to provide the Probation Department with good cause for the failure according
to the procedure below.

F. If the Probation Department determines that the defendant has failed to meet his/her
obligation under the restitution order, the Probation Department shall request the
defendant to provide evidence indicating that timely payments have been made or
provide information establishing good cause for the failure.

G. If, within five (5) days of the request, the defendant fails to provide the Probation
Department with the evidence required in paragraph (F) or fails to establish good
cause, the Probation Department shall immediately inform the defendant of that
fact and shall inform the court that the stay on the income declaration order should
be lifted and a notice to payor should be issued.

H. If the clerk of the court receives information from the Probation Department as
provided in paragraph (G) above, the clerk shall prepare and endorse an income
deduction order and notice to payor. Unless the defendant applies within a fifteen
(15) day period for a hearing to contest the lifting of the stay and enforcement of
the income deduction order, the clerk shall forward the order and notice to the
Probation Department for service on the defendant's payors.

I. The defendant within fifteen (15) days after being informed by the probation

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department pursuant to paragraph (G) above that the order staying the income
deduction order shall be lifted, may apply for a hearing to contest the
enforcement of the income deduction order only 1) on the ground of mistake of
fact regarding the amount of restitution owed, or 2) on the ground that the
defendant has established good cause for the nonpayment.

J. Upon the filing of defendant's request pursuant to paragraph (I) above within the
fifteen (15) day period, the matter shall be set for a hearing before the court to
determine whether the enforcement of the income deduction order is proper.

K. The defendant shall provide to the Probation Department the address of his/her
current and subsequent payers and within seven (7) days shall notify the
Probation Department of any change of payor.

L. The defendant shall notify the Probation Department within seven (7) days of
his/her change of address.

(Effective 1/1/95; Amended 1/1/06; Amended 7/1/2015)

6.17 Jury Instructions
Unless otherwise ordered by the court, by no later than the date of the Trial Readiness

Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury.

(Effective 7/1/2017)

6.18 Pleas at the Time of Trial
Following the Trial Readiness Conference, only a plea of guilty or no contest to all counts in

the Complaint or Information will be accepted, except when the counts are pled in the alternative or one count is a lesser-included count of another count.

(Effective 1/1/06; Amended 7/15/2015; Renumbered Effective 7/1/2017)

6.19 Plea Bargaining
Sentencing is a function of the judiciary. The limitations of Penal Code sections 1192.6

and 1192.7 and the California Supreme Court’s decision in People v. Clancy (2013) 50 Cal.4th 562, will be strictly adhered to in plea-bargaining.

(Effective 1/1/06; Amended 7/15/2015; Renumbered Effective 7/1/2017)

6.20 Ancillary Defense Expenses

This rule states the requirements for the payment of reasonably necessary expenses

incurred in defending self-represented persons who are indigent. This rule will refer to these reasonable necessary expenses as “Ancillary Defense Expenses.” All funds expended for Ancillary Defense Expenses must have prior approval by Court order and adhere to the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures. Funds

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approved for a specific purpose may not be expended for another use without prior Court approval.

6.20 Appointment of Investigators/Ancillary Services

All initial applications for the authorization of Ancillary Defense Expenses shall be

submitted by ex parte motion to the clerk of the court for review by the Presiding Judge or his/her designee. The application shall be accompanied by: (1) a completed and signed Defendant's Financial Statement – Local Form CRIM-230 OR a Declaration signed under penalty of perjury, which includes all of the information requested in CRIM-230; and (2) a declaration with the information described in subdivision A below. The application and supporting declarations shall be marked "Confidential," and shall be kept in a confidential section of the Court file.

A. Required Declaration. All applications for Ancillary Defense Expenses shall be supported by a declaration setting forth:

1. a summary of the circumstances of the charged offense or facts that demonstrates why the funding of Ancillary Defense Expenses is necessary in the interests of justice;

2. the status of the case;

3. the specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and

4. the name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage, and any other special expenses. If a self-represented defendant has not suggested a particular investigator, the Court will select one from the rotational investigator list. The maximum hourly billing rates, as well as the maximum initial authorizations for all investigators and legal runners shall be set by the Presiding Judge. Legal runner services, when approved by the Court, are limited to photocopying, and transporting materials, orders, and motions. Visits and phone calls to the County’s detention centers must be associated with an allowable billable activity, and will be subject to the Court’s discretion.

   6.20.2 Claims for Payment

Services rendered by investigators, experts and others under appointment by the Court’s

Presiding Judge, or his/her designee, must comply with the rules and guidelines for appointed

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ancillary defense services specified in the Court’s Appointed Service and Expenditure Rules, Funding Application and Payment Procedures.

6.20.3 Investigators, Experts and Other

Investigators, experts and others appointed by the Court may not charge fees for their

services in excess of the rates and limits set forth in the appointed Services Fee Schedule in effect at the time of appointment.

6.20.4 Transcription Services

Transcription services are deemed to be an expert service; compensation for transcription

service shall be at the lowest commercially-available rate.

(Effective 7/1/2019)

CHAPTER 7 - CIVIL PRETRIAL AND TRIAL SETTING FOR CIVIL CASES

7.00 [NUMBER RESERVED FOR FUTURE USE]

7.01 Duties if Case Settles

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

shall immediately notify the court. The primary obligation to notify the court shall lie with the party seeking affirmative relief or with plaintiff if either is unrepresented; otherwise this shall be counsel’s obligation. Notice of settlement shall be orally conveyed to the court by telephone at the earliest possible time, and confirmed in writing by email, if agreed, fax transmittal or personal delivery of a written notice of settlement. No trial or mandatory settlement conference date will be vacated and no action will be dropped from the civil active list until the court receives written Notice of Settlement.

Counsel and all parties shall be required to comply with the settlement requirements

of rule 3.1385 of the California Rules of Court. With the exception of conditional settlements, as defined in California Rules of Court, rule 3.1385, upon receipt of a Notice of Settlement, using the mandatory Judicial Council Form CM-200, the action will be scheduled for dismissal on the court’s own motion. The clerk will serve all parties with a Notice of Dismissal and the action will be dismissed forty-five (45) days after the Court receives the Notice of Settlement unless a Request for Dismissal is filed or good cause is shown why the case should not be dismissed.

(Effective 1/1/95; Amended 1/1/00; Renumbered 1/1/03; Amended 7/1/04; Amended 1/1/07; Amended 7/1/12; Amended 7/15/2015)

7.02 Motions in Limine
Unless otherwise ordered by the court, all motions in limine shall be filed no later than seven

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(7) court days prior to the date set for trial.

(Effective 1/1/00; Renumbered 1/1/03; Amended 7/1/11)

CHAPTER 8 - TRIAL COURT DELAY REDUCTION
8.01 Trial Court Delay Reduction Program
The rules set forth in this chapter are adopted pursuant to the Trial Court Delay Reduction

Act and amendments thereto, and shall apply only to actions included in the court’s program. It is the policy of the court, in accordance with the Trial Court Delay Reduction Act, to bring general civil actions to disposition by settlement, trial, or other means as quickly as possible, and within the court’s guidelines established herein and by statute. The court, in administering the program, will employ techniques of calendar management necessary to achieve the goal of reducing delay in the disposition of civil actions. The Presiding Judge shall conduct the program. The Court Executive Officer shall provide administrative assistance necessary to the successful operation of the program and obtainment of the program goals.

(Effective 1/1/95; Amended 1/1/00; Amended 7/1/2015)

8.02 Included Actions; Exceptions, Excluded Actions
A. Except as provided in subdivision (b) of this rule, all civil actions filed on or after
July 1, 1992, shall be included in the program.

B. The following actions shall be excluded from the program: probate, guardianship,
conservatorship, family law (including proceedings under the Family Law Act,
Uniform Parentage Act, and Uniform Child Custody Jurisdiction Act, freedom
from parental custody and control proceedings, and adoption proceedings),
juvenile court proceedings, small claims actions, petitions to establish the fact of
birth, petitions to establish the fact of death, petitions for conciliation, petitions
for writ of mandate or prohibition, temporary restraining order, harassment
restraining order, domestic violence restraining order, writ of possession,
appointment of a receiver, release of property from lien, change of name,
coordinated proceedings, unlawful detainer actions, petitions for forfeiture,
proceedings brought under Food and Agricultural Code section31601, et seq.,
petitions for appointment of an arbitrator, and petitions to compel extra-judicial
arbitration.

(Effective 1/1/95; Amended 7/1/04; Amended 7/1/08; Amended 7/1/09; Amended 7/1/2015)

8.03 Disposition of Program Cases
It is the policy of the court that all program cases shall be this policy, the court adopts the

case disposition time standards set forth in the Appendix to the California Rules of Court, Division 1, Standards of Judicial Administration, Section 2.2.

(Effective 1/1/95; Amended 7/1/04; Amended 1/1/07)

8.04 Filing and Service of Pleadings At the time of filing the complaint, the clerk will issue a “Notice of Inclusion in Delay

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Reduction Program.” The notice must be served with the complaint. All pleadings must be served and filed pursuant to rule 3.110 of the California Rules of Court.

(Effective 1/1/95; Amended 1/1/00; Amended 1/1/03; Amended 1/1/07; Amended 7/15/2015)

8.05 Case Management Conferences
A. All parties or their counsel of record shall file with the courts, a Case Management
Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days
prior to the Case Management Conference. Failure to submit a timely Case
Management Conference Statement will result in the issuance of an Order to
Show Cause and sanctions may be imposed, pursuant to Local Rule 8.06. A new
Case Management Conference Statement is required prior to each Case
Management Conference, unless otherwise ordered by the court.

B. No later than thirty (30) calendar days before the first scheduled Case
Management Conference, the parties shall meet and confer, in person or by
telephone, and discuss the issues identified in subdivisions 1-9 of rule 3.724 of
the California Rules of Court.

C. A Case Management Conference shall be held before a judicial officer or judge pro
tem designated by the Presiding Judge approximately 125 days after the filing of
the initial pleading. All parties or their attorneys shall be present and be prepared
to discuss all elements of the case, including, but not limited to, the suitability of
the case for arbitration (as required by Code of Civil Procedure section 1141.16) or
other form of alternative dispute resolution, the status of discovery, pending or
anticipated law and motion matters, and scheduling the matter for trial. Counsel and
self-represented parties may appear by telephone if the procedures set forth in rule
11.09 are followed.

D. At the time of the Case Management Conference, the court or judge pro tem
designated by the Presiding Judge, shall be empowered to establish discovery
schedules, set an additional Case Management Conference, order the matter
to arbitration, schedule the exchange of expert witness information, set the
matter for trial, consider a request to be placed on an 18 or 24 month case
disposition track, and otherwise actively manage the progress of the litigation.
At the first Case Management Conference, the court may order the matter to
arbitration to be completed within 90 days. Absent a waiver by the parties, a
case may not be referred to arbitration prior to 210 days after the filing of the
complaint. (Government Code section 68616(g).) Failure to object to an
earlier referral to arbitration at or before the Case Management Conference
shall be deemed a forfeiture.

E. At 2:00 p.m. on the day before a scheduled conference, the court will post tentative
rulings on the court’s website at www.amadorcourt.org. Any party who wishes to
contest the tentative ruling must request a hearing and notify the opposing party of
the request no later than 4:00 p.m. on the day before the hearing. If a hearing is not
requested by 4:00 p.m., the tentative ruling will become the final ruling of the court.

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Unless proper notification of a request for oral argument is provided, oral argument
will not be permitted.

F. The tentative ruling procedures do not apply in any case, in which a self-represented
party is in the custody of the California Department of Corrections and
Rehabilitation.

(Effective 1/1/95; Amended 1/1/00; Amended 1/1/03, Amended 7/1/06; Amended 1/1/07; 7/1/08; Amended 1/1/10; Amended 7/15/2015)

8.06 Failure to Comply with Rules
Any failure to comply with these Local Rules, or order of the court, unless good cause is

shown, is an unlawful interference with the proceedings of the courts. For any such failure, the courts may impose upon the offending party, attorney, or both, sanctions which may include, but not be limited to, monetary sanctions, attorney's fees, expenses, striking pleadings, entering the default of any party, dismissal of the action, and contempt.

(Effective 1/1/95; 1/1/00)

8.07 [NUMBER RESERVED FOR FUTURE USE]
8.08 Motions for Relief from Time Limits.
Motions for relief from any of the provisions of these rules relating to the Trial Court Delay

Reduction Program shall be brought before the judge. Any such motion shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, setting forth facts establishing the unavailability of the moving party. The mere fact that a party resides out of county will not, standing alone, constitute good cause. If a motion to continue a status conference date, a trial setting conference date, a settlement conference date, or a trial date is granted by the judge or his/her designee, the matter shall be reset on a specific date at the time the motion is granted. Motions for relief from any of the rules relating to the program shall be made and may be granted only upon showing of good cause.

(Effective 1/1/95; Amended 1/1/00)

8.09 [NUMBER RESERVED FOR FUTURE USE]
8.10 Exemption of Complex Litigation
At any time a case is at-issue, a party may file a motion with the judge to exempt the case

from the program because of its complex nature. There shall be filed with said motion a declaration, under penalty of perjury, setting forth in detail the reasons such party believes the case cannot be brought to trial within two years. Said declarations shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration of the attorney, setting forth facts establishing the unavailability of the moving party. The mere fact a party resides out of county will not, standing alone, constitute good cause.

The court shall consider, in ruling on said motion, the nature of the subject matter of the

case, the number of parties, cross-complaints filed, anticipated law and motion matters, anticipated discovery and anticipated trial time.

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If the motion to exempt the case from the Delay Reduction Program is granted, a status

conference shall be set before the judge within thirty (30) days of the granting of the motion for exemption and the judge shall thereafter set further status conferences as necessary to actively monitor the progress of the case.

(Effective 1/1/95; Amended 7/1/01)

8.11 Dismissals
The parties and attorneys are not excused from attending any scheduled proceeding based

upon a promise or representation of a dismissal unless the dismissal has actually been filed with the clerk of the court.

(Effective 1/1/95; Amended 7/1/01)

8.12 At-Issue Memorandum
No at-issue memorandum shall be filed by the clerk’s office in any delay reduction

case. (Effective 1/1/06)

8.13 Cross-Complaints
Cross-complainants shall serve all new cross-defendants with a copy of the initial “Notice

of Inclusion in Delay Reduction Program” document and with notice of any other pending Case Management Conference hearing date.

(Effective 1/1/06)

8.14 Civil Mediation Program
A. Purpose: The purpose of the civil mediation program is to promote and facilitate
the voluntary resolution of civil disputes.

B. Eligibility: All general civil cases may be assigned to civil mediation if (1) the
parties agree to participate; and (2) the court so orders. Cases will be ordered to
mediation at a Case Management Conference. A failure by any party to participate
in good faith in the mediation may result in the imposition of sanctions.

C. Mediators:

1. The court will maintain a roster of court-approved mediators, referred to as
“Panel Mediators.” All mediators will be required to attend an orientation
session before they are accepted on the Panel. Members of the mediation
Panel shall have been admitted to practice law in the State of California for a
minimum of five (5) years and have either completed a mediator training
course or have substantial experience as a mediator. The court will retain
discretion to modify these requirements for good cause on a case-by-case
basis. Membership on the Panel shall be at the sole discretion of the Presiding
Judge.

2. Within ten (10) days following the order to mediate, the parties shall provide

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the court with written notification of their agreed mediator by using the
court’s Stipulation to Mediator Form, which is located on the court’s website.
If the court is not notified of the selected mediator within ten (10) days, the
court will appoint a mediator from the Panel.

3. The parties may stipulate, in writing, to use a non-Panel mediator. In such
cases, the parties shall arrange payment directly to the mediator.

D. Fees: The court will pay for the first three (3) hours of the Panel Mediator’s services
at the mediation session. The parties are responsible for payment of any mediation
fees in excess of three (3) hours. Additional fees are subject to negotiation between
the parties and the mediator.

E. Appearance: Each party must personally appear at the mediation, unless excused
by the mediator. When the party is other than a natural person, it shall appear by a
representative, other than its attorney, with full authority to resolve the dispute or,
in the case of a governmental entity that requires an agreement to be approved by
an elected official or legislative body, by a representative with authority to
recommend such agreement. Each party is entitled to have counsel present at all
mediation sessions and such counsel and an insurance representative of the covered
party shall also be present unless excused by the mediator.

F. Time
Limits:

1. The mediation shall be completed within the time specified by the court when
the case is ordered to mediation.

2. The election to mediate in lieu of arbitration will not suspend any time
periods specified by statute, California Rules of Court, or these local rules.

G. Mediator’s Statement: Within ten (10) days of the conclusion of mediation, the
mediator shall file a statement on Judicial Council Form ADR-100, advising the
court whether the mediation ended in full agreement or non-agreement as to the
entire case or as to particular parties in the case. Submission to the court of the
mediator’s statement does not relieve the parties of their obligation to promptly
notify the court of a settlement pursuant to rule 3.1385 of the Rules of Court.

H. Mediator Fees: The mediator’s fee statement must be submitted to the Court within
thirty (30) days of completion of mediation. Untimely claims may, in the discretion
of the court, be denied.

(Effective 7/1/06; Amended 1/1/07; Amended 7/1/08; Amended 1/1/09; Amended 7/1/09; Amended 7/15/2015)

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CHAPTER 9 – ARBITRATION 9.00 Ordering Arbitration

Pursuant to Code of Civil Procedure section 1141.11, subdivision (b), it is in the best interest

of justice that all at-issue civil actions be submitted to arbitration by the Presiding Judge, if the amount in controversy, in the opinion of the court, will not exceed $50,000.00 for each plaintiff. The court will order arbitration where appropriate under rules 3.811 and 3.812 of the California Rules of Court. The order may be made at the first Case Management Conference in cases processed under the Trial Court Delay Reduction Act. The arbitration process shall not delay the goals of that act.

(Effective 1/1/95; Amended 1/1/07; Amended 7/15/2015)

9.01 Random Selection

The clerk shall select, at random, a number of names of arbitrators equal to the number of

sides plus one. The list of randomly selected names shall be mailed to counsel and each side has ten days from the date of mailing to file a rejection of no more than one name on the list. If there are two or more parties on a side, they must join in a single rejection.

At the expiration of the ten (10) day period, the clerk shall appoint, at random, one of the

persons on the list whose name was not rejected, if more than one name remains.

(Effective 1/1/95; Amended 7/1/01)

9.02 Appointment of Arbitrator

The case shall be assigned to the arbitrator and the clerk shall give notice of the

appointment of the arbitrator. Within fifteen (15) days after the appointment, the arbitrator shall notify each party and the clerk in writing of the date, time, and place of hearing.

(Effective 1/1/95; Amended 7/1/01)

9.03 Where Arbitrator Declines to Serve

If the arbitrator declines to serve or does not hold a hearing within sixty (60) days from the

date of the assignment to him, except where continued, the appointment shall be vacated and the clerk shall return the case to the top of the arbitration list, restore the arbitrator's name to the list and appoint a new arbitrator.

(Effective 1/1/95; Amended 7/1/01)

9.04 No Hearing Due to Neglect of Party

If the inability to hold a hearing is due to neglect of a party, the case shall be removed from

the arbitration list and restored to the civil active list; other cases may be ordered reassigned or the court may make any other appropriate order.

(Effective 1/1/95; Amended 7/1/01)

9.05 Filing Award and Trial De Novo
Within ten (10) days after hearing, the arbitrator shall file the award with the court, with

proof of service on each party. The clerk shall hold the award for a period of thirty (30) days.

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At the expiration of thirty (30) days, if a request for a trial de novo is not made, the clerk shall enter the award as judgment.

(Effective 1/1/95; Amended 7/1/01; Renumbered 1/1/06)

9.06 Arbitrator’s Fees
Pursuant to rule 3.819 of the California Rules of Court, the arbitrator's award must be

timely filed with the clerk of the court or a Notice of Settlement must have been filed before a fee may be paid to the arbitrator.

The arbitrator’s fee statement must be submitted to the Court within thirty (30) days of

completion of arbitration.

Untimely claims may, in the discretion of the court, be

denied.

(Effective 1/1/09; Amended 7/15/2015)

CHAPTER 10 - SELECTION AND EMPANELMENT OF JURORS 10.00 Juror Selection Procedures The Jury Commissioner and/or such staff members as may be designated are authorized

to excuse prospective jurors under the following terms and conditions:

A. Persons who meet one of the exceptions of California Code of Civil Procedure
section 203.

B. Persons who, within the past one year, served as trial jurors on any superior or federal
court jury panel; served as grand jurors on any county or federal grand jury; or were
placed on telephone alert or equivalent standby system for service on any superior or
federal court jury panel.

C. Persons for whom jury service would constitute undue hardship may apply in writing
to the jury commissioner for deferral to another date. Those persons requesting a
permanent excuse from jury service due to an undue hardship, with the exception of
medical reasons, must make their request to the court at the time they are required to
appear pursuant to summons.

(Effective 1/1/95; Amended 7/1/2015)

10.01 Requests for Excuse - Procedure

Requests for deferral of jury service based upon undue hardship shall be submitted in writing

to the Jury Commissioner at least three (3) court days prior to the scheduled start date, or, in exceptional circumstances, at the earliest possible time. Such request must be supported by facts specifying the hardship. The Jury Commissioner will promptly determine whether the deferral shall be granted.

Where a prospective juror requests an excuse based on reasons that require verification, i.e.

medical reasons, it is the responsibility of the prospective juror to provide sufficient verification or

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a means of verification to the Jury Commissioner. Where the prospective juror requesting an excuse fails to provide verification or a means of verification, the Jury Commissioner may, on the basis of such failure alone, deny the request.

Requests for excuse or deferral that have been denied may be brought before the Judge

presiding at the trial for which the juror was summoned.

(Effective 1/1/95; Amended 1/1/96; Amended 7/1/11)

10.02 Preparation of Jury Panels

The Jury Commissioner shall randomly select a list of persons suitable and competent

to serve as trial jurors from a combined voter registration and Department of Motor Vehicles' list, pursuant to Code of Civil Procedure section 197.

(Effective 1/1/95; Amended 7/1/2015)

10.03 Sealing of Juror Personal Identifying Information

The addresses and telephone numbers of jurors in any criminal jury proceeding are deemed

conditionally sealed at the time the jury is discharged, as to persons other than court employees on official business, subject to any person petitioning the court for access to these records. If a petition for access to juror personal identifying information is received, the court shall give all potentially affected jurors at least ten days notice of the hearing date and an opportunity to oppose the unsealing of juror personal identifying information.

(Effective 1/1/95; Amended 7/1/04)

CHAPTER 11 – MISCELLANEOUS 11.00 Photocopying and Reproducing Official Court Records

Only judicial officers and authorized Court personnel may photocopy or otherwise

reproduce official Court records and exhibits. Any such copying and reproduction for public distribution shall be done by such authorized personnel, subject to any established Court charge for these services. Personal photographing or other reproduction of original Court records by the public is not permitted. This rule does not apply to the printing or reproduction of documents that may be posted or otherwise made available in electronic form on the Court’s website.

(Effective 1/1/11; Amended 7/1/2015)

11.01 Printed Forms

Whenever a printed form minute order is used, those portions checked or filled in shall be

deemed to be the order of the court, and those portions not checked or left blank shall be deemed to be purposefully omitted from the order.

In the interest of uniformity, and to expedite the business of the court, the parties shall use

printed forms furnished by the court where appropriate.

(Effective 1/1/95)

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11.02 Acceptance of Checks and Other Negotiable Paper

No checks or money orders will be accepted in payment of court fees and/or fines unless they

meet the requirements set forth in rule 10.821, California Rules of Court. Prior to acceptance of any check or money order, the clerk may require satisfactory proof of its validity and of the identity of the person who tenders it.

In criminal proceedings, a personal check will be accepted in payment of any fine or for a

deposit of bail for any offense, which is not declared to be a felony. A personal check will not be accepted for an amount in excess of $300.00 from a defendant in custody as a deposit of bail for an alleged violation of law in which the bail is not forfeitable under the court's bail schedule.

Any person or firm who tenders a check or money order in payment of a court fee or fine,

which check or money order is dishonored, shall be assessed a service charge in the maximum amount permitted by section 71386 of the Government Code. Collection will be sought for any personal check or money order which is returned without payment for any reason in addition to any amount allowed by law for the failure to make payment following a written demand as provided in Civil Code section 1719. In addition, no further court filings will be accepted from said person or firm until payment is received, and all future filings will be accepted on a cash-only basis. Exceptions to the cash-only basis will be made only at the direction of the court in which the matter is pending. Further, the court may strike the filing of any pleadings for which a fee is required and paid for with a dishonored check, if payment in full is not received within ten (10) days.

(Adopted pursuant to Gov. Code §71386, subd. (a). Effective 1/1/95; Amended 1/1/96; Amended 1/1/07; Amended 7/15/2015)

11.03 Jury Fees

Jury fees shall be deposited pursuant to Code of Civil Procedure section 631.

(Effective 1/1/95; Amended 7/1/01; Amended 1/1/03; Amended 7/1/2015)

11.04 [NUMBER RESERVED FOR FUTURE USE] 11.05 Official Reporter Fees

Pursuant to Government Code section 68086 and rule 2.958 California Rules of Court

parties utilizing the services of the official reporter in civil proceedings shall pay the following fees:

Full Day $600.00

Half Day $300.00

Proceedings less than one hour $75.00

Fees are subject to change without notice or amendment of these rules. Fees shall

be deposited with the court prior to the commencement of trial or hearing. Any party(s) requesting a daily transcript in a civil case shall pay the fees therefore to the court reporter contracted with the court prior to the commencement of each day of trial.

(Effective 1/1/95; Amended 7/1/01; Amended 7/1/03; Amended 1/1/07; Amended 1/1/13; Amended

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7/15/2015; Amended 7/1/2017, Amended 1/1/2025)

11.06 Availability of Court Reporting Services

A. This rule sets forth the Court’s policy concerning availability of and payment for court reporters in compliance with Government Code Section 68086(a) and California Rule of Court 2.956. The provision of staff or pro-tem court reporters is contingent upon availability and the Court cannot guarantee availability of the same at any given hearing.

The Court will not generally have a certified court reporter available for the following calendars:

Case Management Conferences Civil Harassment and Elder Abuse Restraining Orders Civil Law & Motion Unlawful Detainer Family Law Civil Trials Infractions Probate Probate Guardianships and Conservatorships Domestic Violence Restraining Orders Small Claims Traffic Appellate Division Matters Criminal Misdemeanor Cases

The court may utilize electronic recording as the official court record in these types of matters when available, and subject to applicable requirements.

B. Any party requiring the services of the official reporter for trial or any other hearing shall file a statement with the court requesting those services at least seven (7) court days prior to the trial or hearing. If the nature of the hearing does not allow for such notice, notice must be given at the earliest possible time, but no later than twenty- four (24) hours in advance of the hearing. All fees for the Court Reporter must be paid prior to the hearing. Proof of payment shall be presented to the Court Reporter at the time of the hearing.

C. The clerk shall notify any party having filed such a statement if the services of an official reporter will not be available. Pursuant to rule 2.956 of the California Rules of Court, if the services of an official court reporter are not available for hearing or trial, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the requesting party’s responsibility to pay the pro tempore reporter’s fee directly to the reporter for attendance at the proceedings. The official reporter may be contacted for assistance in securing a pro tempore reporter.

(Effective 1/1/95; Amended 1/1/96; Amended Effective 1/1/06; Amended 1/1/07; Amended 1/1/09; Amended 1/1/10; Amended 7/1/11; Amended 1/1/13; Amended 7/15/2015; Amended 1/1/2025)

11.07 Interpreters and Translators

Interpreters are provided by the court in actions where the court is required to do so by

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law. Counsel or, if self-represented, the party shall notify the court that an interpreter is required as early as possible, and at least fourteen (14) days in advance, unless good cause exists for notice on shortened time. The court has developed an Interpreter Request Form (MISC-051) for use when requesting interpreter services. The form is available on the court’s website at www.amadorcourt.org.

(Effective 1/1/95; Amended 7/1/2015; Amended 7/1/2017)

11.08 Contacting Court’s Legal Research Staff

No party, or attorney for a party, in any action or proceeding pending in this court shall

contact or attempt to contact any member of the court’s legal research staff concerning such pending matter, without the prior approval of the judge to whom the matter has been assigned, or if the matter has not been assigned, the Presiding Judge.

(Effective 1/1/95)

11.09 Remote Appearances

Effective January 1, 2022, pursuant to Code of Civil Procedure § 367.75, remote proceeding requirements differ between criminal and civil proceedings as set forth in the Court’s Remote Appearances Policy located on the Court’s website: www.amadorcourt.org/newsRelease/Remote-Appearances-revised.

(Effective 1/1/95; Amended 1/1/00; Amended Effective 1/1/06; Amended 7/1/10; Amended 1/1/13; Amended 7/15/2015; Amended 7/1/2019; Amended 1/1/2023)

11.10 Attorney's Fees in Actions on Promissory Notes, Contracts Providing for Payment of Attorney's Fees, and Foreclosures; Attorney's Fee Schedule The following attorney's fees shall, under normal circumstances, be awarded in actions on promissory notes, contracts providing for the payment of attorney's fees and foreclosures:

A. (Default action on note or contract) Exclusive of costs:

25% of first $1,000 with minimum fee of $150.00

20% of next $4,000

15% of next $5,000

10% of next $10,000

5% of next $30,000

2% of the amount over $50,000

B. Notwithstanding subdivision (A), in a default action to obtain a judgment in which
attorney's fees are awarded under Civil Code sections 2983.4 or 2988.9, in no
event shall attorney's fees exceed one thousand ($1,000) dollars, except in unusual
circumstances. Any application for attorney's fees for an amount in excess of one

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thousand ($1,000) dollars shall be filed before the default hearing and shall be
accompanied by a declaration.

C. (Contested action on note or contract) The same amount as computed under
subdivision (A), increased by such reasonable compensation computed on an
hourly or per-day basis for any additional research, general preparation, trial, or
other services as may be allowed by the court.

D. (Foreclosure of mortgage or trust deed) The same amount as computed under
subdivision (A) or (B), increased by ten (10) percent.

E. (Foreclosure of assessment or bond lien relating to a public improvement) The same
amount as computed under subdivision (A) or (B), except that the minimum fee shall
be $75 in an action involving one assessment or bond, and an additional $20 for each
additional assessment or bond being foreclosed in the same action.

F. Where a defendant is the prevailing party, the fee will be fixed by reasonable
compensation computed on an hourly or per-day basis for research, general
preparation, trial or other services rendered.

G. Where prevailing party is entitled to the recovery of a reasonable attorney's fee in
an otherwise appropriate clerk's judgment, the clerk shall include an attorney fee
computed, pursuant to the schedule set forth in subdivision (A) above.

H. In any case where a party claims fees in excess of those allowed by this rule,
application for attorney fees shall be made to the court, supported by declarations
setting forth the factual basis for the claimed attorney fees. The fee will thereupon
be fixed by the court.

(Effective 1/1/95; Amended 7/15/2015)

11.11 Attorney's Fees in Residential Unlawful Detainer Actions

In actions for unlawful detainer for possession of residential property, the attorney's

fees awarded by the court will not, under normal circumstances, exceed the following amounts:

A. $300.00 in cases by default where the defendant has filed no answer pursuant to
Code of Civil Procedure section 1170.

B. $350.00 in cases uncontested at trial where the defendant has filed an
answer.

C. $500.00 in cases contested at trial.

(Effective 1/1/95; Amended 1/1/00; Amended 7/1/2015)

11.12 Form of Judgment

In drafting forms of judgment for the trial judge to sign, counsel shall use the required

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Judicial form, which shall:

A. Clearly show the full names of the parties for whom, and against whom, the
judgment is rendered, including their capacities as plaintiffs, defendants,
cross- complainants and cross-defendants.
B. Refer to such full names as they appear in the pleadings, or obtain an order
amending the pleadings in respect to such names.

C. Unless costs have already been awarded in a specific amount, leave a blank space
for insertion of any costs, as follows: "...and costs in the sum of $ ."

(Effective 1/1/95; Amended 7/15/2015)

11.13 Stipulated Judgment Form to be Separate from Stipulation If the parties enter into a written stipulation for judgment, the form of the proposed judgment

to be signed and filed shall be a separate document; however, a copy of the proposed judgment may be incorporated into the stipulation by reference, or attached as an exhibit to the stipulation.

(Effective 1/1/95; Amended 7/15/2015)

11.14 Replacing Lost Papers

If an original pleading or paper previously filed with the court is lost, an order authorizing

the filing of a copy in lieu of the original is required, and may be based upon declaration of the requesting attorney or pro per party, or the certificate of the clerk.

(Effective 1/1/95)

11.15 Appeal from Decision of the Labor Commissioner under Labor Code section 98.2 A. Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner, pursuant to Labor Code section 98.2, shall file with the Clerk of the Court:

1. A copy of the complaint and any answer filed with the Labor Commissioner;
and

2. A copy of the order, decision or award of the Labor Commissioner, which
shall include a summary of the hearing and the reasons for the decision; and

3. A declaration of proof of service of a copy of the Notice of Appeal upon the
Labor Commissioner.

B. Appellant shall file the papers required under paragraph (A) with the Notice of
Appeal or within ten (10) days thereafter. The court shall set the matter for
hearing de novo upon the filing of said papers.

1. Appellant is deemed to be on notice that the trial judge will consider
sanctions against the appellant for delay in prosecution of the appeal under
Code of Civil Procedure section 177.5 if the appellant fails to file such

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papers timely.

2. If sanctions are imposed under Code of Civil Procedure section 177.5,
appellant shall file the papers prescribed in paragraph (A) within thirty (30)
days thereafter. If the appellant fails to file such papers timely, appellant is
deemed to be on notice that the trial judge will consider sanctions against the
appellant under Government Code section 68606, including dismissal of the
appeal.

C. The Notice of Appeal filed pursuant to Labor Code section 98.2 shall be treated as
the first paper for the purpose of determining the filing date.

(Effective 1/1/95; Amended 7/15/2015)

11.16 Online Electronic Case Filing

A party may electronically transmit a document to a fax filing agency for filing with the court.

The fax filing agency shall prepare the document in compliance with rules 2.303, et seq. of the California Rules of Court. Filing by fax is complete on transmission of the entire document to the Court by the fax filing agency. Filing that is completed after 5:00 p.m. is deemed to have occurred on the next court day.

(Effective 1/1/95; Amended 7/1/97; Amended 1/1/06; Amended 1/1/07; Amended 7/1/09; Amended 7/1/12; Amended 7/15/2015; Amended 7/1/2017; Amended 1/1/2023)

11.17 Filing/Lodging of Confidential Papers

The court shall follow the provisions set forth in rule 2.551 of the California Rules of

Court. Documents submitted for filing under seal must be transmitted to the court in a secure manner that preserves the confidentiality of the records to be lodged. The materials to be lodged under seal must be clearly identified as “CONDITIONALLY UNDER SEAL.” The envelope or container lodged with the court must also be labeled “CONDITIONALLY UNDER SEAL.” A record must not be filed under seal without a court order.

(Effective 1/1/96; Amended 7/1/2017)

11.18 Extraordinary Writs

In seeking mandamus or prohibition relief, it is not necessary to obtain an alternative writ

(Code of Civ. Procedure section 1088). The noticed motion procedure should be used whenever possible. Relief by extraordinary writ should not be sought until all existing legal and administrative remedies have been exhausted.

(Effective 1/1/00; Amended 7/1/2015; Amended 7/1/2017)

11.19 Electronic Recording
A. The use of electronic recording is only authorized under the following
conditions:

1. The official court reporter or contract court reporter is not available;

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2. The proceeding to be recorded is:

(a) a limited civil case,

(b) a misdemeanor case, or

(c) an infraction case; and

3. The judge assigned to hear the matter orders the use of electronic recording.
(Gov. Code §69957; Cal. Rules of Court, rule 2.952)

B. Electronic recording will not constitute the official record of any other type
of proceeding.

C. Unless otherwise ordered by the court, a tape of an unauthorized proceeding will
not be made available to the parties.

(Effective 7/1/06; Amended 1/1/08; Amended 7/15/2015)

11.20 Case Intake Sheet

In each civil and family law matter, a Case Intake Sheet must be submitted with the complaint.

The plaintiff must serve a blank copy of the Case Intake Sheet with the summons and complaint. The defendant shall submit a Case Intake Sheet upon filing a responsive pleading. The Court will destroy the form after the initial file intake.

(Effective 1/1/08)

11.21 Submission of Orders and Settlement Agreements
A. Stipulations: All stipulations, including those made in habeas corpus matters,
must be accompanied by a proposed order.

B. Requests for Continuances, Extensions of Time, and Other Motions Submitted
on the Pleadings: All requests for continuances, extensions of time, and other
motions submitted on the pleadings, including in habeas corpus matters, shall be
accompanied by a separate order and served on all parties according to the
applicable rules and statutes.

C. Settlement Agreements: All settlement agreements submitted to the court
for approval shall be initialed by all parties on each page.

D. Format of Orders: No order submitted shall have the judge’s signature line on
a page without substantive text, i.e. there shall be no “hanging orders.”

E. Orders Involving Hearings Dates: Parties must reserve hearing dates with the
clerk prior to the submission of any order moving or setting a hearing date.

(Effective 1/1/08; Amended 7/1/08; Amended 1/1/09; Amended 1/1/10)

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11.22 Drop Box Policy

A depository will be available for anyone seeking to file documents with the court outside

of normal office hours. Any documents deposited in the drop box, which are court time stamped before 5:00 p.m. on the date of deposit will be deemed filed on the date of deposit, if they are appropriate for filing. If the document is inappropriate for filing, it will be returned to the filing party. The party depositing the document must assure the document to be deposited is date and time stamped with the court’s stamp, prior to depositing said document in the drop box. The party depositing the document shall include a copy of the document to be conformed and a self-addressed stamped envelope for return of the conformed copy.

(Effective 7/1/08)

11.23 Direct Calendaring of Cases

Cases subject to direct calendar assignment shall be assigned to a judicial officer for all

purposes, who shall, thereafter, handle all proceedings in the case, except as otherwise provided or required by law. At the time of filing of any case, the clerk shall affix to the face of the complaint or petition, by stamp or other writing, a notice regarding the judicial assignment.

Peremptory challenges under Code of Civil Procedure section 170.6, in a civil proceeding,

for the plaintiff/petitioner shall be made within fifteen (15) days of the notice of assignment and, for the defendant/respondent, shall be within fifteen (15) days of filing the first pleading or first appearance in the matter, whichever is earlier. Peremptory challenges under Code of Civil Procedure section 170.6, in a criminal proceeding, shall be made by the People within ten (10) days of the notice of assignment and, for the defendant, shall be made within ten (10) days of the first appearance in the matter.

Nothing herein shall be construed to interfere with the Presiding Judge’s authority to assign

or reassign cases.

(Effective 7/1/08; Amended 7/1/11; Amended 7/15/2015)

11.24 Habeas Corpus
A. All petitions for writ of habeas corpus shall be prepared as specified by the California
Rules of Court and filed with the Clerk. Unless otherwise directed by the court, each
petition will be assigned a unique case number by the Clerk and immediately
forwarded to the research staff for review.

B. Once this initial review has been completed, the petition will be sent to the
designated judge. Unless otherwise specified by the Presiding Judge, all such
petitions will be acted upon by the judge assigned to hear criminal law and motion
matters. Action on the petition will be taken in accordance with the provisions of the
Penal Code and the California Rules of Court.

C. Priority will be given to emergency petitions, i.e., those alleging that time is of the
essence to protect the petitioner from death, permanent disability, or the service
of dead time. Ex parte communications are discouraged.

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D. Petitions that do not comply with the California Rules of Court and these rules may
be summarily denied. Habeas Corpus petitions are not a substitute for a timely
appeal, and should not be sought until all legal and administrative remedies have
been exhausted.

E. The repeated filing of unmeritorious petitions may be deemed an abuse of process,
and may subject the petitioner to appropriate sanctions as ordered by the court.

F. Immediately after the Court issues an Order to Show Cause, the court shall order
respondent to file a Return within thirty (30) days, and shall also appoint counsel for
the petitioner.

G. After an Order to Show Cause has issued and counsel has been appointed for
petitioner, the Court may immediately grant those requests for extensions of time that
have been served on opposing counsel, and in which the moving party has represented
that s/he has contacted opposing counsel about the request and that opposing counsel
does not oppose the extension of time sought. All opposed requests for extensions of
time and all other motions, made after the issuance of an Order to Show Cause, must
be served upon the opposing party.

H. The opposing party shall have ten (10) days from the date of service of the motion or
opposed request for an extension of time in which to file an opposition. Upon
expiration of said time period, the court will issue a written ruling.

I. After the Order to Show Cause has issued and respondent has filed its Return, the
petitioner may, by written motion, seek leave of court to engage in discovery. If the
court finds good cause for allowing discovery, it will direct the parties to confer in
person or by telephone and agree to a discovery plan. If the parties cannot agree,
the petitioner may file a noticed motion asking the court to convene a discovery
conference at which the court will fashion a discovery plan, which will specify the
form and subjects of discovery the petitioner may utilize, and the time period in
which discovery may take place.

(Effective 7/1/08; Amended 7/1/10; Amended 7/15/2015; Amended 7/1/2019)

11.25 Photography and Recording in Courthouse

Unless approved by a written order of a Judge of the Superior Court, no filming, videotaping,

photographing, and/or electronic recording is permitted in any area of the courthouse, including, but not limited to, entrances, exits, and hallways. Application for filming, videotaping, photographing, and recording in said areas shall be directed to a Judge of the Superior Court.

Filming, videotaping, and photographing the interior of the Courthouse, including the

courtrooms, through windows or the glass portions of the courtroom doors is prohibited.

No microphones, cameras or recording devices shall be permitted in any courtroom,

unless the judge hearing the matter within the courtroom has expressly authorized the same in a written order, pursuant to California Rules of Court, rule 1.150. This rule does not prevent

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anyone from possessing a cell phone or other mobile device while in the courtroom, but it does prohibit the activation of any microphone and/or camera contained in the device unless it has been approved by a Judge of Superior Court in a written order.

A copy of the order approving media coverage must be presented to the Bailiff, stationed at

the entrance of the courthouse, prior to any coverage commencing. If such an order is not presented, media coverage may be prohibited.

(Effective 1/1/09; Amended 7/1/10; Amended 7/1/12; Amended 7/1/2015)

11.26 Ex Parte Orders in Family Law Matters

An applicant for ex parte orders is required to complete local form FCS004, Declaration

in Support of Ex Parte Application and Order, and Mandatory Judicial Council Forms FL-300 and FL-305. As required pursuant to California Rules of Court 3.1200 et seq., the applicant must provide notice and submit moving papers by 10:00 a.m. for a judicial decision to be issued the same day on the papers alone. Otherwise, a decision shall be issued the next court day. A hearing on the ex parte request may be set prior to issuing orders if there is a judicial determination a hearing is necessary.

(Effective 7/1/09; Amended 7/1/13; Amended 7/1/2015; Amended 1/1/2023)

11.27 Filing of Papers
A. All papers, including moving, opposition, reply papers, proofs of service, matters on
shortened time, and ex parte matters must be filed with the clerk of the court. No
more than two (2) copies may be submitted for endorsed filing. All moving and
supporting papers shall be filed in conformance with the time requirements set forth
in rule 3.1300 of the California Rules of Court and Code of Civil Procedure section
1005.

B. Failure to comply with the requirements of this rule concerning filing and serving
opposing and reply papers may, in the discretion of the court, be deemed cause for
acting on the matter without consideration of the document filed in violation of the
rule and cause for imposing sanctions. (Cal. Rules of Court, rule 2.30, Code of
Civ. Pro.§§177.5 and §575.2.)

C. Unless previously filed, proofs of service must be filed five (5) court days before
the hearing or the matter may be dropped from the law and motion calendar.

(Effective 7/1/01; Amended 1/1/07; Renumbered effective 1/1/10; Amended 7/1/2015; Amended 7/1/2017)

11.28 Reserved Hearings

The court will drop any reserved hearings from calendar after the proper time for filing

the motion or petition has expired.

(Effective 1/1/10)

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11.29 Courtroom Attire

Persons appearing in court shall wear appropriate attire. The bailiff on duty, under the

supervision of the judge presiding in that courtroom, has authority to enforce this rule and exclude persons. “Appropriate attire” is clothing consistent with the seriousness and dignity of the judicial process. At minimum the Court requires: buttoned shirts; no visible undergarments; shoes worn at all times; no bare midriffs, pants that fall below the hips, halter tops, cut offs, tank tops, undershirts, see-through or overly revealing blouses, bathing suits, lingerie, athletic uniforms, hats, sunglasses, or clothing emblazoned with obscene words or gang slogans. This list is not completely exhaustive and the Court has full discretion when deciding what is appropriate.

(Effective 1/1/10; Amended 7/15/2015)

11.30 Unlawful Detainer – Dismissal

Pursuant to the Code of Civil Procedure sections 1161.2 and 1167.1 the court shall

dismiss without prejudice an unlawful detainer matter, without notice to parties, if proof of service has not been filed within sixty (60) days of the filing of the matter.

(Effective 7/1/2017)

11.31 Small Claims – Return of Service

A small claims case is commenced by the filing of a Plaintiff’s Claim and Order to Go to

Small Claims Court and the scheduling by the clerk of a hearing date. Plaintiff must file proof of service on the defendant in the Clerk’s Office at least five (5) calendar days before the hearing or the case may be dismissed without prejudice.

(Effective 7/1/2017)

11.32 Small Claims – Exhibits

Exhibits in small claims cases will be returned to the proffering party at the hearing, or

returned to the party at a later time if the matter is taken under submission, unless the court finds good cause and orders the exhibits be retained by the court.

(Effective 7/1/2017)

11.33 Small Claims - Untimely Appeals

The Clerk shall not accept any Small Claims Notice of Appeal submitted after the statutory period for filing a Notice of Appeal has expired, unless a Writ of Mandate has issued directing the Clerk to file the untimely Notice of Appeal.

(Effective 7/1/11; Renumber 7/1/2017)

CHAPTER 12 - CLAIMS OF MINORS AND INCOMPETENT PERSONS 12.00 Application for Appointment of Guardian Ad Litem Petitions for appointment of a Guardian Ad Litem for a minor or incompetent person shall

be submitted to the clerk.

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When an application is made for appointment of a Guardian Ad Litem and the nominee

for appointment is a plaintiff in the same action with the ward or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by:

A. A declaration under penalty of perjury setting forth facts establishing that no other
parent, relative, or friend can or will accept the appointment of Guardian Ad Litem
for the minor in the action; and

B. A declaration under penalty of perjury by the attorney for the nominee stating that
the attorney, having investigated the circumstances, has represented to the nominee
and represents to the court that there is no conflict of interest between the nominee
and the minor if the nominee is appointed the Guardian Ad Litem.

C. If an attorney's contract is submitted for approval at the time of appointment of a
Guardian Ad Litem, approval thereof will not be considered approval of a fee, which
shall be subject to Local Rule 12.01. If a lien on any recovery is provided for in such
a contract, such will be allowed only to the extent of costs and services actually and
reasonably provided on behalf of the ward.

(Effective 1/1/95; Amended 7/1/2015)

12.01 Compromise of Claims
A. Petitions to Compromise.

A petition for court approval of a compromise pursuant to Code of Civil Procedure
section 372, Probate Code section 2504, or Probate Code section 3500, shall be
made using Judicial Council Form MC-350, Petition to Approve Compromise of
Claim and shall comply with rules 3.1384, 7.950 and 7.950.5 of the California Rules
of Court. All Petitioners shall also submit a completed Judicial Council Form MC-
351, Order Approving Compromise of Claim.

B. Order to Deposit Money.

If the petition seeks to have settlement proceeds deposited into a blocked account,
the petitioner must also file a completed Judicial Council Form MC-355, Order to

Deposit Money Into Blocked Account. If the court approves the deposit into a
blocked account, the petitioner must deliver three (3) copies of the order and three
(3) copies of Judicial Council Form MC-356, Receipt and Acknowledgment of
Order For the Deposit of Money Into Blocked Account, to each depository in
which funds are deposited.

C. Withdrawal of Funds.

Requests for withdrawal of funds deposited into a blocked account must be made
using Judicial Council Form MC-357, Petition For Withdrawal of Funds From

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Blocked Account. Petitioners must also submit a completed Judicial Council Form
MC-358, Order for Withdrawal of Funds From Blocked Account. Except as
otherwise ordered by the court for good cause shown, where the attorney for the
petitioner was allowed fees at the time of settlement, no attorney fees incidental
to securing such order will be awarded.

D. Presence of Petitioner and Minor or Incompetent Person at Hearing.

The presence of the petitioner and minor or incompetent person at the hearing
on petition for approval of compromise shall be required, unless, in advance of
the hearing, good cause is shown to the court by letter request seeking to excuse
that person’s attendance. The court shall consider as factors in weighing such a
letter request, without limitation, the following:

1. Amount of settlement;

2. Policy limits;

3. Extent of injury and need for future medical care related to injury;

4. Extent of residual injuries (including cosmetic and psychological);

5. Liability;

6. Travel distance for minor or incompetent person and his or her guardian,
including consideration of any disability making travel difficult; and

7. Interruption of education.

Generally, where the petitioner is not represented by counsel, an appearance will
be required.

E. Filing Fee.

In any case in which the filing fee was waived, it shall be ordered paid out of the

settlement proceeds by court order before orders approving compromise and deposit are filed.

(Effective 1/1/95; Amended 1/1/03; Amended 7/1/2015)

12.02 [NUMBER RESERVED FOR FUTURE USE]

CHAPTER 13 - FAMILY LAW

13.00 Matters Heard; Financial Declarations
A. Matters heard on the family law calendar shall include the following:

1. All orders to show cause, motions, requests for order, and other family law
matters preliminary to trial; all defaults under the Family Code; and all

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required settlement conferences and trials;

2. All orders to show cause, requests for order, and motions relating to
enforcement or modification of family law orders or judgments;

3. All orders to show cause, requests for order, and motions relating to child
custody, support, visitation, or attorney's fees and costs under the Uniform
Parentage Act (Fam. Code §7600 et seq.) and the Uniform Child Custody
Jurisdiction Act (Fam. Code §3400 et seq.);

4. All proceedings under the Uniform Interstate Family Support Act (Fam.Code
§4900, et seq.);

5. All applications for restraining orders enjoining domestic violence under the
Family Law Act, the Uniform Parentage Act, and the Domestic Violence
Prevention Act (Fam. Code §6200 et seq.);

6. Family law discovery matters;

7. All applications for issuance of writs of execution and habeas corpus, or
warrants in lieu thereof, in family law cases;

8. All proceedings under the Family Conciliation Court Law (Fam. Code §1810
et seq.); and

9. Adoptions and all matters relating thereto, including proceedings pursuant to
Family Code sections7800 et seq. or 7660 et seq.

B. Income and Expense Declarations.

Except as excused by law, no case shall be heard unless current Income and Expense

Declarations as required by rules 5.260(a) and 5.427(d)(2) of the California Rules of Court (forms FL-150 or FL-155 and FL-160) have been completed by each side. Any pending hearing date shall be set forth clearly in the top right-hand corner of page one of the Income and Expense Declaration form. Note: “Current” means the Income and Expense Declaration has been completed within the past three months providing no facts have changed. (Rule 5.260(a)(3).)

The parties shall complete the portions of the declarations relevant to the issues to be

determined at the hearing. If a party is receiving public assistance benefits, that fact shall be disclosed in No. 1 of the Income and Expense Declaration or Financial Statement. The court may impose sanctions as permitted by law if delay results from the failure of either party to comply with these requirements.

The Income and Expense Declarations or Financial Statement shall be deemed to be

received in evidence at the hearing, subject to amendment and cross-examination. Examinations on matters covered by the Income and Expense Declarations or Financial Statements will be heard only under exceptional circumstances within the court's discretion and normally will be limited to

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testimony regarding unusual items not adequately explained in the Income and Expense Declarations or Financial Statements.

Documents supporting each party's wages, income, and other matters set forth in the Income

and Expense Declaration, such as a copy of the three (3) most recent pay stubs representing at least one full month's wages and deductions and a W-2 form shall be attached to the Income and Expense Declaration filed by the party. In addition, the parties shall exchange copies of their most recently filed federal and state personal income tax returns at least five (5) court days prior to the date set for hearing unless otherwise ordered by the court.

C. Orders to Show Cause.

In addition to the requirements of the California Rules of Court, a blank copy of the forms

Responsive Declaration re: Request for Order, and Income and Expense Declaration prescribed by the California Rules of Court shall be served upon the opposing party when he or she is served with the moving party's Request for Order.

(Effective 1/1/95; Amended Effective 1/1/06; Amended 7/1/12; Amended 7/1/2015)

13.01 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders A. Date, Time, and Place of Hearing and Orders Shortening Time.

1. The date, time, and place of hearing shall be scheduled through the
clerk’s office.

2. All matters set for hearing on the family law calendar shall state on the face
sheet immediately below the title of the document the issues to be heard.

3. An order shortening time for service and/or hearing will not be granted unless supported by a separate written affidavit or declaration demonstrating good cause. If an order shortening time is requested, the supporting affidavit or declaration shall state, pursuant to California Rules of Court, rules 3.1200- 3.1207, whether the opposing party is represented by counsel and whether that party has been contacted and has agreed to the requested order shortening time. Reasonable notice, which is presumed to be not less than twenty-four (24) hours, shall be given to the opposing party prior to application. If the opposing party has not been contacted or agreed to the order shortening time, the supporting affidavit or declaration shall demonstrate why the hearing should be set on the proposed date without the consent of the opposing party. As a general rule, an affidavit or declaration in support of an order shortening time must show emergency circumstances, unless it is solely to enable a responding party to obtain affirmative relief on a hearing date previously set by the opposing party. The moving party shall deliver his or her moving papers to the other party at the earliest reasonable opportunity in advance of the ex parte appearance, using the most expeditious means available, including, but not limited to, personal delivery or facsimile transmission.

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B. Time Limitation on Filing Moving Papers, Declarations, or Points and
Authorities; Place of Filing; Meet-and-Confer Rule.

1. Unless otherwise ordered or good cause is shown, all moving papers, points
and authorities, and declarations, including financial declarations, relating
to a family law matter, shall be filed with the court and served on the
opposing party or counsel pursuant to Rules of Court, Rule 3.1300 and Code
of Civil Procedure section 1005. All papers opposing a matter or order to
show cause shall be filed with the court and served on each party at least
nine (9) Court days prior to hearing. Unless good cause is shown, failure to
comply may result in refusal by the court to consider any papers not timely
filed or in the imposition of sanctions as permitted by law.

2. Counsel shall confer before the date of hearing to make a reasonable attempt
to resolve disputed issues and to exchange all relevant documents. Failure to
comply with this rule in good faith may result in dropping the matter from the
calendar and/or the imposition of sanctions.

(Effective 1/1/95; Amended 7/1/01; Amended 7/1/06; Amended 1/1/07; Amended 7/1/09; Amended 1/1/11; Amended 7/1/11; Amended 7/1/2015)

13.02 Settlement Conferences and Meet-and-Confer Rule

Counsel and the parties shall personally appear for a settlement conference. The date of the

settlement conference will be set at the time the contested hearing date is determined. Counsel and the parties shall participate in good faith in the settlement conference until released by the settlement judge or until the contested hearing date is confirmed by the judge. Failure to participate in good faith in the settlement conference may be a basis for the imposition of sanctions or changes in the calendar status of the action. All motions for continuances or requests to drop the matter shall be heard by the assigned judge.

Counsel shall meet and confer before the date of the contested hearing in a reasonable attempt

to resolve the disputed issues and to exchange all relevant documents.

Upon application of any party, or on the court’s own motion, the judge may specially set a

settlement conference in any family law matter.

(Effective 1/1/95; Amended 7/1/08; Amended 7/1/2015)

13.03 Statement of Issues in Long Cause Cases At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.) The original of each party's statement shall be filed with the court and copies served on the opposing parties or counsel. If both parties fail to file timely a statement of issues, the mandatory settlement conference shall take place, but the matter shall be dropped from the trial calendar. Failure by one party will allow the complying party to continue or drop the hearing and may result in the imposition of sanctions against the non- complying party.

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(Effective 1/1/95; Amended 1/1/96; Amended 7/1/2015; Amended 7/1/2017)

13.04 Failure to Serve

Absent a written order resetting the matter to a new date, if service is not completed by the

date specified by law, in the request for order or order to show cause, the matter will be dropped from the calendar and counsel must file new papers to reset the matter.

(Effective 1/1/95; Amended 7/1/2015)

13.05 Continuances on Short Cause Calendars

Continuances for the short cause matters are governed by local rule 4.06. If a motion for

continuance is to be made in court, the court shall be notified by phone or written notice filed with the court two (2) days prior to the hearing.

(Effective 1/1/95; Amended 7/1/11; Amended 7/1/2015)

13.06 Lack of Appearance

Any matter in which there is no appearance at the time of calendar call shall be ordered off

calendar, unless the courtroom clerk has been notified that there will be a late appearance.

(Effective 1/1/95)

13.07 Matters Exceeding 5-10 Minutes; Special Setting.
A. Unless leave of court is obtained by stipulation and order prior to the date of the
hearing, the clerk shall set all matters be heard initially on the law and motion
calendar.

B. Hearings on the short cause calendar are limited to five (5) to ten (10) minutes. In the
event both parties in good faith believe that the matter cannot be completed in fifteen
(15) minutes, they shall, at the time the matter is called, so inform the court. The
court may then set the matter as may be appropriate.

(Effective 1/1/95; 1/1/96; Amended 7/1/04; Amended 7/1/2015)

13.08 Child Custody/Visitation; Referral for Report
A. Process of Referral to Mediation.

1. In any contested proceeding involving issues of custody and/or visitation,
the court will refer the parties to mediation upon filing a request for order
where child custody and visitation are at issue.

2. Upon stipulation of the parties the court may order a return to mediation.

3. On the court's own motion in the course of regular law and motion,
domestic violence restraining order, ex parte, or other court proceedings.

4. Immediate referral may be made in an emergency with imminent
danger to a child involving sudden and serious physical or emotional

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abuse, domestic violence, sexual abuse, neglect, or substance abuse, or
if there is a risk of parental flight or other emergency circumstances
deemed appropriate by the court.

B. Mediation Process.

Mediation shall be for a maximum time of three (3) hours. Mediation shall be
confidential. The parties must attend a Parent Orientation Program prior to the
mediation. Orientation provides important information about helping children through
their parents’ separation and how to develop a parenting plan.

The mediator shall prepare and have the parties sign any agreement reached through
mediation. This agreement is provided to the court and copies provided to counsel,
pursuant to section 3186, subdivision (b) of the Family Code. If mediation is successful
and an agreement on all issues is reached, the mediation process is completed.

If the parties are unsuccessful in reaching an agreement, the mediator will so notify
the court. The mediator will provide the court with a list of unresolved issues and may
recommend that an attorney be appointed for the children pursuant to Family Code section
3150 and rule 5.240 of the California Rules of Court or that the parties be referred for a child
custody evaluation. The parties shall return to court and the court may make orders as may
be appropriate.

The parties may stipulate to have a professional child custody evaluator make a
recommendation to the court. The cost of such evaluation is the responsibility of the parties.

C. Evaluation Report and Recommendation.

The Court, in its discretion, may appoint an evaluator (different from the individual
who performed the mediation.) The evaluation report and recommendation is not
confidential and shall be considered by the court under Evidence Code section 730. The
evaluator is allowed 10 hours to complete the evaluation. The evaluation shall be in
accordance with Family Code section 3111. The evaluator will interview the parents and
the children and will provide the court with a written report and recommendation on the
issue of custody, visitation and/or a proposed parenting plan. The evaluation report and
recommendation will be reviewed and considered by the court.

1. When the court refers the matter for an evaluation, it is considered a court
appointment pursuant to Evidence Code section 730 and will be read and
considered by the court at motion hearing or trial.

2. When the report is submitted to the court, the court may adopt, partially adopt, or reject the report. If either party contests the court’s ruling that party may request an evidentiary hearing. If custody/visitation is the only issue or if the parties wish to bifurcate that issue, the court shall order the matter set for trial on a preferential trial date basis.

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3. The party who wishes to have the evaluator present at the evidentiary
hearing/trial must notify the evaluator at least 20 days prior to the evidentiary
hearing/trial date and subpoena that person. The party who subpoenas the
evaluator is responsible for paying the evaluator for the appearance and
testimony at the evidentiary hearing/trial.

4. Any deposition of an evaluator shall be noticed at least 10 days prior to the
deposition date or by agreement between the evaluator and the party. Further,
the party seeking the deposition is responsible for any and all evaluator fees
in connection with the deposition testimony.

5. The evaluator may inspect other related and relevant Court files in
conjunction with the preparation of his or her report.

D. Peremptory Challenge of Mediator.

A peremptory challenge to the mediator is not permitted. However, a challenge for
cause may be presented to the court within five (5) days of the appointment. The challenge
for cause may be made on an ex parte basis, giving the opposing side at least twenty-four
(24) hours notice.

E. Confidential Documents.

The following documents are deemed to be confidential and are not available for
inspection by the parties or their attorneys through the evaluator: CII records, medical
reports; mental health professionals’ reports; drug test analysis; restricted law enforcement
reports; mediation discussions; NCADD (National Council of Alcohol and Drug
Dependence) reports, and any Alcohol and Drug Program report.

Parties seeking to inspect such reports must petition the court for an order
permitting such inspection. To the extent that the contents of such records have been
disclosed in another manner, or have otherwise been made discoverable, such documents
will no longer be deemed confidential.

Ex Parte communication between the mediator and either party is hereby prohibited,
unless a stipulation regarding such contact is reached and approved by the Court.

F. Mediation Complaint Procedure.

The court is committed to the delivery of quality mediation services. Complaints must
be in writing and directed to the Court Executive Officer, Amador Superior Court, 500
Argonaut Lane, Jackson, CA 95642. You will receive a written response within ten (10)
business days of receipt of the written complaint.

G. “Report” Defined.

For purposes of these rules, the word "report" includes evaluations and/or
recommendations, submitted by the evaluator appointed by the court, or mental health

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expert appointed pursuant to Evidence Code section 730.

H. Payment of Evaluation Costs by Parties.

The parties shall pay the cost of evaluation within thirty (30) days of the Court’s
referral.

(Effective 1/1/95; 1/1/96; Amended 7/1/04; Amended 1/1/06; Amended 1/1/08; Amended 7/1/08; Amended 1/1/09; Amended 7/1/12; Amended 7/1/2015; Amended and Renumbered 7/1/2017; Revised 1/1/2023)

13.09 Appointment of Counsel for Minor Child Pursuant to Family Code Section 3150 and rule 5.240 of the California Rules of Court A. Counsel appointed by the court shall have the following duties as a necessary part of that attorney’s representation of the child:

1. To interview the child; and

2. To review the court file and all accessible records available to the parties
and make any further investigations as he or she deems necessary to
ascertain facts relevant to the custody or visitation hearings.

B. Counsel appointed by the Court shall have the following rights under rule 5.242
of the California Rules of Court:

1. To have reasonable access to the child with adequate notice;

2. To receive notice after appointment of any and all proceedings, including
any request for examinations affecting the child;

3. To have full access to all court pleadings and records, as well as
any medical and school records for the child;

4. To veto any physical or psychological examination or evaluation, for
purposes of trial, that has not been ordered by the Court;

5. To assert on behalf of the child any privilege for discovery purposes;

6. To seek independent psychological and/or physical examination or
evaluation of the child upon application to the court;

C. Unless otherwise ordered, full payment of the reasonable costs of counsel appointed
pursuant to Family Code section 3150 as determined by the court shall be shared by
the parties in equal amounts.

(Effective 1/1/95; Amended 7/1/06; Amended 1/1/09; Amended 1/1/13; Amended 7/1/2015)

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13.09.1 Participation of Child

The Court may accept testimony of a child under Family Law Code section 3042,

giving weight to rule 5.520 of the California Rules of Court. (Effective 7/1/2015.)

13.10 Report of Expert Appointed Pursuant to Evidence Code section 730 Whenever any expert appointed by the court pursuant to Evidence Code section 730

renders a report, the expert shall concurrently provide a copy of his or her report to the court, and to each attorney and unrepresented party.

(Effective 1/1/95; Amended 7/1/2015)

13.11 Temporary Orders for Child Custody and Support
A. Duration of Support Orders.

Unless otherwise ordered, all temporary orders shall remain in effect until further
order of the court.

B. Stipulations for Temporary Orders.

Stipulations concerning temporary child support orders shall comply with Family
Code section 4065 and shall contain a declaration by the parties that the right to support
has not been assigned to the county pursuant to Welfare and Institutions Code
section11477 and that no public assistance application is pending.

In cases involving recipients of public assistance, the signature of the attorney
for Central Sierra Child Support Agency must appear on the stipulation. A printout of
the child support calculation shall be attached to the stipulation.

C. Temporary Child Custody.

Factors which may be considered by the judge when making a temporary order for
custody include, but are not limited to, the following:

1. The child normally will be left in the home where he or she has been living
on a regular basis unless there are compelling circumstances dictating
otherwise, such as evidence of harm or violence to the child.

2. The closer the child is to the age of majority, the more likely the child's
preference will be followed, but the choice must be in the child's best interest
and is not to be motivated either by reward to the child or by the playing of
one parent against the other.

3. If either parent has left the home and has taken the child without the consent
of the other or without an order of the court, that parent shall state the reasons
therefore.

4. If violence has taken place or seems likely, the court encourages a victim
or other parent to leave the home until after a court hearing is held; the

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court will not penalize a parent for leaving the home.

D. Temporary Support Schedule.

1. In setting temporary spousal support, the Court applies the Santa Clara
guideline support formula. However, the Court considers the facts and
circumstances of each case and may deviate from the guideline
support amount when appropriate.

2. If the parties stipulate to child support and the stipulated amount is below the
statewide guidelines, the parties must complete a Stipulation to Establish or
Modify Child Support and Order (FL-350). The parties shall attach to the
stipulation a computer printout from an approved child support calculator.

(Effective 1/1/95; Amended 7/1/11; 7/1/2015)

13.12 Stepparent Adoptions

In stepparent adoptions the Court shall order the Court Investigator to conduct a home

study in conjunction with the preparation of the Court Investigator’s Report. (Fam. Code § 9001.)

(Effective 7/1/11; Amended 7/1/2015)

13.13 Stipulations Modifying Existing Orders
A. General.

In any family law matter where a modification is sought by stipulation, the parties and
their attorneys must sign the stipulation. If the stipulation changes the amount of support,
the parties shall attach a printout of the child support calculation to the stipulation.

B. Recipients of Public Assistance Benefits.

If the custodial parent has assigned support rights to the County under Welfare and
Institutions Code section11477, the Central Sierra Child Support Agency, and a supporting
non-custodial parent may stipulate, without the signature of the custodial parent, to an order
modifying the method of payment of, or to facts supporting a change in the amount of child
support; provided however, that reasonable notice be given to the custodial parent. Any
such stipulation must conform to the requirements of Family Code section 4065.

C. Custody and Support Stipulations.

Stipulations for modification of custody or support orders shall disclose whether a
party is a recipient of public assistance. Stipulations for modification of child support orders
shall conform to the requirements of Family Code section 4065.

(Effective 1/1/95; Amended 7/1/10; Amended 7/1/2015)

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13.14 Uncontested Trials in Dissolution and Legal Separation Matters
A. In all proposed Judgments, whether uncontested or in which the parties have
entered into a written agreement, the following information shall be included
in the proposed Judgment.

1. Where there are minor children, a Child Custody and Visitation Order
Attachment (Form FL 341, 341(A), (B), (C), or (D), as appropriate or a
written agreement containing the same information shall be attached to the
Judgment. In all cases in which the Judgment includes a child support order,
a Child Support Information and Order Attachment, Form FL-342 shall be
used, along with a computer printout of the child support calculation. A
Notice of Rights and Responsibilities and Information Sheet on Changing A
Child Support Order, Form FL192 shall be attached to the Judgment. After
entry of Judgment, a Child Support Case Registry Form (form FL 191) shall
be lodged with the court.

2. Where spousal support is included in the Judgment, a Spousal, Partner, or
Family Support Order Attachment (form FL 343) or similar language shall
be included in the Judgment.

3. Where attorney’s fees and costs are an issue, an Attorney Fees and Costs
Order Attachment (form FL 346) or similar language shall be included
in the Judgment.

4. In every case, the party making the request for entry of judgment may
consult form FL 182 - Judgment Checklist - Dissolution/Legal
Separation in determining the appropriate forms to file.

B. Uncontested matters where the Respondent has not appeared.

1. Proof of Service of Summons.

2. A Request for Default and Declaration for Default or Uncontested
Dissolution or Legal Separation (forms FL-165, FL-180 and FL-190)
pursuant California Rules of Court, rules 5.401, 5.402 and 5.405.

3. Petitioner’s Declaration Regarding Service of Declaration of Disclosure
(FL-141).

4. A completed Income and Expense Declaration (FL-150) and Property
Declaration (FL-160) and proposed Judgment (FL-180) shall be filed
when the Request for Default is filed.

5. Judgment shall be entered on the basis of the Declaration for Default
or Uncontested Dissolution or Legal Separation (FL-170), unless the
court or the Petitioner requests a hearing.

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6. All relevant documents described in 13.14.A.

C. Uncontested matter with written agreement.

1. In addition to the forms required in 13.14.A., the parties shall file
Respondent’s Declaration Regarding Service of Declaration of
Disclosure, (FL-141), a Stipulation and Waiver of Final Declaration of
Disclosure (FL- 144) and an Appearance, Stipulations and Waivers (FL-
130).

2. The Respondent’s signature on the written agreement shall be notarized
and the written agreement shall be attached to the Judgment (FL-190).

3. Respondent shall pay the first appearance filing fee, unless
respondent files a fee waiver or is currently on active duty in the
military.

4. All relevant documents described in 13.14.A.

D. Uncontested matter where Respondent has appeared.

All documents as described in 13.14.A and 13.14.B (provided that
Respondent has paid the first appearance filing fee or it has been waived or
Respondent is currently on active duty in the military).

E. Income and Expense and Property Declarations.

Income and Expense and Property Forms and Declarations shall be on Forms FL-150
or FL-155 and FL-160, shall be dated where specified, and shall be completed as follows:

1. Every Income and Expense Declaration shall include the best estimate of the
opposing party's income, if known, and shall be fully completed if the case
involves child support or spousal support, whether or not an agreement in
writing has been reached by the parties, or if there is any request for
attorney's fees, costs, or payment of other obligations which has not been
resolved by written agreement of the parties.

2. If there are community assets or joint obligations not disposed of by written
agreement of the parties, the value of the assets or obligations must be set
forth in the Property Declaration and must be proved at the hearing.

3. Item No. 5 of the Income and Expense Declaration form shall be fully
completed whenever a party is represented by counsel and attorney's fees or
costs are requested by either party.

4. A Child Support Case Registry form (FL 191) shall be completed
whenever child support has been ordered.

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F. Proceedings Involving Recipients of Public Assistance Benefits.

Notwithstanding any other rule, if a party is receiving public assistance benefits:

1. That fact shall be disclosed in Item No. 1 of the Income and Expense
Declaration; and

2. All orders submitted to the court shall comply with Family Code section
4200.

G. Hearing on Default or Uncontested Matters

At the hearing on the default or uncontested matter, counsel or self-represented
party shall present evidence in support of the proposed judgment.

(Effective 1/1/95; Amended 7/1/01; Amended Effective 1/1/06; Amended 7/1/10; Amended 7/1/11; Amended 7/1/12; Amended 7/1/2015; Amended 7/1/2017)

13.15 Long Cause Contested Hearings/Trials
A. Purpose of Rules; Duties of Counsel.

The purpose of this rule is to ensure the thorough and expeditious trial of contested
family law matters and to avoid using the trial itself as a vehicle for what should be pretrial
deposition, discovery, and settlement procedures. Unrepresented parties or counsel, vested
with full authority from their clients to dispose of these matters, shall confer in good faith to
review the pretrial statements required by these rules no later than one week prior to the time
set for any settlement conference and/or trial in order that, to the fullest extent possible, issues
can be resolved by stipulation, and those issues remaining for determination by the court can
be clearly delineated.

B. Relief from Rules.

Relief from the operation of these rules relating to trials may be obtained in
appropriate cases, but only on motion for good cause. The parties shall not waive the
requirements of these rules by stipulation. Either side may move to strike the At Issue
Memorandum, Pretrial Statement/Request for Admissions, or Reply Pretrial Statement of the
other side upon the ground that the document was not prepared and filed in good faith, but
not as a means to avoid the operation of these rules. Sanctions against the offending side may
be requested, as permitted by law.

C. At Issue Memorandum.

The at-issue memorandum shall be filed before any contested case may be set for
trial. However, this shall not apply to post-judgment motions, which may be set for long
cause hearing by stipulation or court order. It shall be the responsibility of the party filing
the At-Issue Memorandum to insure that a response has been filed before filing the At-Issue
Memorandum. Alternatively, matters may be set for trial at a Family Law Case Management
Conference. In those cases, an at-issue memorandum is not required.

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E. Settlement Conferences and Meet-And-Confer Rule.

Counsel and the parties shall personally appear for a settlement conference to be
scheduled at the time the trial date is determined. Counsel and the parties shall participate in
good faith in the settlement conference until released by the settlement judge or until the trial
date is confirmed by the settlement judge. Failure to participate in good faith in the settlement
conference may be a basis for the imposition of sanctions or change in the calendar status of
the action. All motions for continuances or to drop the matter shall be heard by the assigned
judge.

Unrepresented parties or counsel shall meet and confer before the date of the
settlement conference, or any other contested hearing, in a reasonable attempt to resolve
the disputed issues and to exchange all relevant documents.

Upon application of any party, the judge may, in his/her discretion, specially set a
settlement conference in any family law matter. In addition, the parties may request the
matter be specially set for a settlement conference at the Family Law Case Management
Conference.

F. Statement of Issues, Contentions and Proposed Disposition of the Case.

Where a matter is set for contested trial, either short or long cause, both parties shall
file with the Court and serve a "Statement of Issues, Contentions and Proposed Disposition
of the Case" at least twenty (20) days prior to the trial date, and if there is a settlement
conference, at least five (5) court days before the settlement conference. (See form FCS-92
at www.amadorcourt.org) If both parties fail to timely file a Statement of Issues the matter
shall not be permitted to proceed to trial; however, a court assisted settlement conference
shall remain available. Failure by one party to file a Statement pursuant to this rule will allow
the complying party to continue or drop the trial date and may result in the imposition of
sanctions. The imposition of sanctions pursuant to this rule shall be heard upon noticed
motion.

(Effective 1/1/95; Amended 1/1/97; Amended 1/1/06; Amended 1/1/08; Amended 1/1/10; Amended 7/1/2015; Amended 7/1/2017)

13.16 Judgments and Orders
A. Duty to Prepare.

1. After Contested Hearing.

The party directed to prepare the “Finding and Order After Hearing” (Judicial
Council Form FL-340) shall do so in compliance with rule 3.1312 of the Rules
of Court.

2. After Contested Trial.

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(a) The party directed by the court shall prepare the judgment in
accordance with the court's decision and shall submit it to the opposing
counsel with a place for the latter's signature under the legend
"Approved As Conforming To Court Order."

(b) If the opposing party does not so approve within twenty (20) days, the
preparing party shall send the order to the court with a cover letter
explaining why it was submitted without such approval and a proof of
service of the letter and proposed order on the opposing party. If the
opposing party does not explain his/her objection with specificity in
writing to the court within fifteen (15) days of the date of service by
the preparing party, the court will sign the submitted order. If there is
written objection with specificity, the court will then decide whether
to adopt the proposed judgment or what changes shall be required,
with or without a hearing, at the court's discretion.

3. Statement of Decision.

If either or both parties request a statement of decision, the rules pertaining
to Statements of Decision under California Rules of Court, rule 3.1590 and Code
of Civil Procedure section 632 shall apply.

B. Contents.

Except as otherwise agreed between the parties and subject to the approval of the court:

1. Child Support - Amount and Duration. All judgments providing child support
shall state the name, date of birth, and amount of support for each child and
shall state, "child support payments shall continue until further order of court,
or until the child marries, dies, is emancipated, reaches age 19, or reaches age
18 and is not a full-time non-self-supporting high school student, whichever
occurs first.

2. Spousal Support. All judgments shall state the amount of spousal support, if
any, and shall state, “payable until the remarriage of the recipient spouse,
the death of either party or further order of the court,” unless otherwise
ordered or stipulated.

3. Real Property. All judgments shall contain the common legal address or the
Assessor’s Parcel Number (APN) of all interests in real property affected by
the court's decision.

4. Personal Property and Debts. All judgments shall contain a description and
   a division of personal property and debts.

   C. Recipients of Public Assistance Benefits.

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If a party is receiving public assistance benefits for a minor child, the judgment

shall require the child support to be paid to the Central Sierra Child Support Agency in compliance with Civil Code section 4702.

(Effective 1/1/95; Amended 1/1/06; Amended 1/1/07; Amended 7/1/10; Amended 7/1/2015)

13.17 [NUMBER RESERVED FOR FUTURE USE] 13.18 Continuance Fees

A continuance fee will be charged for continuances in all family law matters, pursuant to Government Code section 70617, subdivision (c)(1), except where a statute, rule or case law precludes charging said fee.

(Effective 7/1/08; Amended 7/1/12; Amended 7/1/2015)

13.19 [NUMBER RESERVED FOR FUTURE USE]

13.20 Remote Appearances for Child Support Matters

Remote appearances are governed by the Remote Appearances Policy on the court’s

website: www.amadorcourt.org/newsRelease/Remote-Appearances-revised.

(Effective 7/1/2019; Amended 1/1/2023)

13.21 Duties of the Family Law Facilitator

In addition to the services required to be provided under Family Code section 10004, the

Family Law Facilitator may, upon the direction of the Presiding Judge, perform the following additional duties for pro per litigants set forth in Family Code section 10005:

A. Meet with litigants to mediate issues of child support, spousal support, and
maintenance of health insurance, subject to Family Code section §1005, giving
priority to actions where one or both parties are unrepresented by counsel.

B. Draft stipulations to include all issues agreed to by the parties, which, in addition to
those duties specified in Family Code section 10004, may include other non-
specified issues.

C. Where the parties are unable to resolve issues with the assistance of the family law
facilitator, prior to or at the hearing, and at the request of the court, the family law
facilitator shall review the paperwork, examine documents, prepare support
schedules, and advise the judge whether or not the matter is ready to proceed.

D. Assist the clerk in maintaining records.

E. Prepare formal orders consistent with the court’s announced order in cases where
both parties are unrepresented by counsel.

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(Effective 1/1/98; Amended 7/1/2015)

13.22 Counsel Appointed to Represent Child in Custody or Visitation Proceedings:
Complaint Procedure
A. Any party to a family law custody or visitation proceeding may lodge a written
complaint with the Court Executive Officer concerning the performance of the
attorney appointed to represent the child in said proceeding. The types of complaints,
which may be lodged with the Court Executive Officer, include, but are not limited
to: the failure of the attorney to meet with the child, the failure of the attorney to
facilitate visitation, and the failure to attend appointments with mediators and
therapists. The Court Executive Officer cannot consider complaints going to the
merits of the case. Complaints going to the merits of the case include, but are not
limited to, complaints regarding whether the attorney is acting in the best interest of
the child and complaints regarding discretionary litigation tactics.

B. The Court Executive Officer shall review all complaints received. If the Court
Executive Officer determines that the complaint presents reasonable cause to
believe that the claim is meritorious, the Court Executive Officer shall notify the
attorney in question of the complaint and shall give the attorney an opportunity to
respond in writing to the complaint.

C. The Court Executive Officer shall review the complaint and the response, if
any, to determine whether the complaint is valid. The Court Executive Officer
may obtain additional information prior to making a determination on the
complaint.

D. If the Court Executive Officer finds that the complaint is meritorious, the Court
Executive Officer may take any actions deemed appropriate to resolve the
complaint, including informing the Presiding Judge. The Court Executive Officer
does not have the authority to remove court appointed attorneys. The power to
remove a court appointed attorney lies exclusively with the judge assigned to hear
the case.

E. The Court Executive Officer shall notify the attorney and the complaining party
in writing of its determination concerning the allegations of the complaint.

(Effective 7/1/06; Amended 7/1/2015)

13.23 Family Law Case Management A. The goal of Family Law Case Management is to expedite timely and just resolutions in family law actions. In each dissolution action, the Petition and Summons shall be served within sixty (60) days of filing. The response shall be served within thirty (30) days of service of the Petition and Summons on the respondent. Notwithstanding these case management rules, any party may file a motion on the Civil Law and Motion calendar. When appropriate, any party may file an At-Issue Memorandum requesting the setting of a trial date. The Family Law Case Management calendar is not the Law and Motion calendar.

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B. Each dissolution, nullity, or legal separation action filed after the effective date of
this rule shall be included in the Family Law Case Management calendar and shall,
thereafter, be subject to court supervision until the entry of judgment or dismissal.
Upon filing a dissolution, nullity, or legal separation action, the court shall provide
the petitioner with a Family Law Case Management Notice. The Notice shall set
forth the date and time of the first Case Management Conference, typically set120
days from the filing of a Petition. The petitioner is required to serve the Notice on
the respondent with the Summons and Petition. Proof of Service of the Summons
and Petition should reflect service of the Notice as well.

C. At least fifteen (15) days prior to each Family Law Case Management Conference,
the parties shall file with the court and serve on all other parties, a Family Law Case
Management Conference Statement. Parties may elect to file a joint statement. The
form for the Family Law Case Management Statement is available on the court’s
website, www.amadorcourt.org, and at the clerk’s office.

D. At 2:00 p.m. on the first court day before the schedule conference, the court will
post tentative rulings on the Court’s website, www.amadorcourt.org. If no party
appears at the hearing, the Court will adopt the tentative ruling. If any party
disagrees with the tentative ruling, the party shall notify all other parties by 4 p.m.
on the court day immediately preceding the hearing.

E. If there is an objective to the tentative ruling, counsel for each party and each
unrepresented party appearing in the action shall attend the Family Law Case
Management Conference and be familiar with and prepared to discuss all issues
in the case. Counsel and unrepresented parties may arrange to appear
telephonically.

F. At the Family Law Case Management Conference, the court shall take appropriate
action to facilitate prompt case resolution. Such actions include, but are not limited
to:

1. Setting the case for a settlement conference and/or trial;

2. Continuing the case for further case management conference;

3. Setting for special settlement conferences;

4. Referring the parties to family law resources; and/or

5. Ordering counsel or parties to engage in and report back on meet and confer
discussions.

(Effective 1/1/10; Amended 7/1/10; Amended 7/1/11; Amended 7/1/13; Amended 7/1/2015)

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CHAPTER 14 – JUVENILE
14.01 Appointment of Counsel in Juvenile Dependency Proceedings
A. Purpose and Applicability.

This rule is established to comply with section 317.6 of the Welfare and Institutions Code
and rule 5.660 of the California rules of court. On proper application and showing, the
requirements of these rules pertaining to competence of counsel can be waived or modified
when necessary to provide appointed counsel in juvenile dependency cases, where the court
automatically appoints counsel for children.

b. General Competency Requirement.

All attorneys appointed by the court in juvenile dependency proceedings must meet
minimum standards of competence as set forth in this rule.

C. Screening for Competency.

1. All attorneys who are appointed by the court to represent parties in juvenile
court proceedings shall meet the minimum standards of training and/or
experience set forth in this rule. Each appointed attorney of record for a
party to a dependency matter pending before the Court on the effective date
of these rules, who believes he or she meets the minimum standards of
competency shall complete and submit to the Court, within 30 days of the
effective date of these rules, a Certification of Competency. After the
effective date of these rules, any appointed attorney appearing in a
dependency matter for the first time shall complete and submit a
Certification of Competency to the court within 10 days of his or her first
appearance in a dependency matter.

2. Attorneys who meet the minimum standards of training and/or experience as
set forth in this rule, as demonstrated by the information contained in the
Certification of Competency submitted to the Court, shall be deemed
competent to be appointed by the Juvenile Court in dependency cases, unless
a Judge of the juvenile court determines a particular appointed counsel does
not meet minimum competency standards.

3. If certified counsel fails to submit evidence that he or she has completed at
least the minimum required training and education to the court by the due
date or the Court determines counsel does not meet the competency
requirements, the Court shall notify counsel that he or she will be decertified.
The attorney shall have thirty (30) days from the date of mailing the notice
of decertification to submit evidence of competency. If the attorney fails to
complete such training, the Court shall order, except in cases where a party
is represented by retained counsel, that certified counsel be substituted for
the attorney who fails to complete the required training.

4. In order to retain his or her certification of competency, counsel shall file a

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declaration certifying that counsel has completed at least eight (8) hours of
continuing education related to dependency proceedings within the last three
(3) years. The declaration must be filed on or before January 15 of each year.

D. Minimum Standards of Education and Training.

1. Each attorney appointed by the Court to represent a party in a dependency
matter before the Juvenile Court shall not seek certification of competency
and shall not be certified by the Court as competent until the attorney has
completed the minimum training and education requirements set forth in
rule 5.660 of the California Rules of Court, or has at least twenty-four (24)
hours of experience within the last year in dependency proceedings in
which the appointed counsel has demonstrated competence in the
appointed counsel’s representation of his or her clients in said
proceedings.

2. In the case of court-appointed attorneys new to the field of representation of
parties to dependency proceedings, the local County Bar Association shall
establish a mentor program to provide “mentor attorneys,” who are
experienced in the field of dependency representation, and who meet the
competency requirements set forth in this rule, to advise and, as necessary,
assist such new counsel in the field of dependency representation. Such
mentor attorneys may attend dependency court proceedings and provide
such other assistance, in and out of court, to the new attorney in order to
assist in providing competent representation to parties in dependency cases.

E. Standards of Representation.

All attorneys appearing in dependency proceedings shall meet the following
standards of representation:

1. The standards set forth in rule 5.660 of the California Rules of Court shall
be the minimum standards of representation of clients in dependency
proceedings.

2. Attorneys representing children are strongly encouraged to visit the children
   in the children’s placement environment as an integral part of preparation for
   upcoming disposition or review hearings. It is important for the child to meet
   with the attorney outside of the courthouse setting. The attorney should make
   an independent assessment of how the child is being cared for on a day-to-
   day basis. If the attorney receives any information that the child is at risk in
   his/her placement, the attorney shall take the appropriate action.

   F. Procedures for Reviewing and Resolving Complaints.

   1. Any party to a juvenile court proceeding may lodge a written complaint with
   the Court concerning the performance of his or her appointed attorney in a

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Juvenile Court proceeding.

2 The Court shall review all complaints received. If the Court determines that
the complaint presents reasonable cause to believe that the attorney may have
failed to act competently, the Court shall notify the attorney in question of the
complaint and shall give the attorney an opportunity to respond in writing to
the complaint.

3 The Court shall review the complaint and the response, if any, to determine
whether the attorney acted incompetently. The Court may obtain additional
information prior to making a determination on the complaint.

4. If the Court finds that the attorney acted incompetently, the Court may
replace the attorney, impose sanctions in a manner provided by law, or refer
the matter to the State Bar of California for further action.

5 The Court shall notify the attorney and the complaining party in writing of its
determination concerning the allegations of the complaint.

(Effective 1/1/97; Amended 7/1/97; Amended 1/1/07; Amended 1/1/08; Amended 7/1/2015)

14.02 Appointment of Guardian Ad Litem for Minors.

(Welfare and Institutions Code section 326.5)

A. Purpose and Applicability.

This rule is established to comply with Welfare and Institutions Code section 326.5 and
California Rules of Court, rule 5.660. This rule shall apply in any case in which a petition is
filed pursuant to Welfare and Institutions Code section 300 et seq. based upon neglect or
abuse of a child or in which a prosecution is initiated under the Penal Code arising from
neglect or abuse of a child.

B. Appointment of Guardian Ad Litem in Welfare and Institutions Code section
300 et seq. cases.

If a petition is filed pursuant to Welfare and Institutions Code section 300 et seq. based upon
neglect or abuse of a child, the Court will appoint a Guardian Ad Litem for the child. The
Guardian Ad Litem will be the attorney appointed to represent the child pursuant to Welfare
and Institutions Code sections 317 and 317.6. If the court implements a Court Appointed
Special Advocate (CASA) program, a CASA volunteer may be appointed as Guardian Ad
Litem.

C. Appointment of Guardian Ad Litem in Cases initiated under the Penal Code.

If an attorney has already been appointed for a child under the provisions of Welfare
and Institutions Code sections317 and 317.6, that attorney shall be appointed Guardian
Ad Litem for the child in any prosecution initiated under the Penal Code.

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If there has not been an attorney appointed pursuant to Welfare and Institutions Code section
317.6, the court shall appoint an attorney as Guardian Ad Litem. If the court implements a
Court Appointed Special Advocate (CASA) program, a CASA volunteer may be appointed
as Guardian Ad Litem.

D. Qualifications and Competency of Guardians Ad Litem.

Any Guardian Ad Litem appointed under this rule shall be an attorney who meets the
minimum standards of competence set forth in rule 14.01, unless the court implements a
Court Appointed Special Advocate (CASA) program. If the court implements a CASA
program, a CASA volunteer appointed as a Guardian Ad Litem shall satisfy the training and
competency requirements set forth in California Rules of Court, rules 5.655 and 5.660.

(Effective 1/1/02; Amended 1/1/07; Amended 7/1/2015)

14.03 Court-Appointed Special Advocate (CASA).
A. Program.

A referral to the Child Advocates Office may be made by the Judicial Officer, or any party
to the case at any point in delinquency and dependency proceedings, or upon request of the
CASA program. Upon acceptance of the case by the Child Advocates Office, the Court will
be asked to sign an Order Appointing a CASA. Where the referral is not made by the court
at an appearance hearing, the Child Advocates Office will notice all parties of the CASA
program's intent to request appointment and the name of the specific CASA volunteer to be
assigned to the case.

B. Referral Criteria.

The court should consider referring a dependency or delinquency case to CASA when
it involves the following:

1. Severe physical sexual abuse cases where the child is not released to a parent
or relative, and the child is seriously traumatized;

2. Special needs cases (e.g., education developmental, medical, mental health
needs) that involve conflicting opinions as to assessment and/or treatment
for child, or where treatment plans or resources will be difficult to arrange;

3. Cases of re-abuse that involve a number of issues or a number of interested
parties;

4. Children 10 years and under who have experienced multiple placements and
whose parents have consistently failed to show progress toward or interest
in fulfilling treatment plans or goals for family reunification;

5. Children age 0-8 years old in foster care, where CASA might expedite the
case toward family reunification or adoption, if reunification is not
appropriate; and

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6. Short-term CASA intervention/involvement is required in case resolution
or clarification of issues by gathering or researching information: e.g.,
contacting out-of-state relatives or investigating medical concerns to assist
the court in reaching a decision.

In delinquency cases, the court may make CASA referrals when it deems it to be appropriate.

C. Requests for Referrals

Any party, attorney representing a party or child, the welfare worker, or other person having
an interest in the welfare of the child can request the Court make a referral to CASA. A
request for CASA Referral must be submitted in writing to the Court for each child referred.
The person requesting such a referral must give two (2) working days telephone notice to the
child welfare worker, attorneys of record for the parents/guardians, and attorney for the child.
If the child welfare worker is making the referral, the Court Officer will provide notice.
Unless the attorney of record or the child welfare worker objects to the referral, the court will
send the referral to CASA for evaluation.

Any objections to the referral must be in a brief written statement as to why the referral is not
appropriate, without discussing the subject matter of the litigation. The basis for an objection
will not be treated as confidential. After receipt of the objection, the Court will review the
case and make an independent decision as to whether a referral to CASA is appropriate.

D. Status of CASA Volunteers.

1. The Court-Appointed Special Advocate (CASA) is appointed as a sworn
officer of the court, serves at the pleasure of the court, and is bound by all
court rules under the authority of Welfare and Institutions Code section
102, subdivision (c). CASA volunteers are appointed only on behalf of
children.

2. Pursuant to Welfare and Institutions Code sections 100, 102, subdivision
(c), 104 and 106, the Child Advocates Office and individual CASA
volunteers have a right to be properly and timely noticed for all proceedings
held in cases on which they have been appointed. The advocate has the right
to be present in person at all hearings, and to sit at counsel table with the
child. An advocate may not be excluded from any proceeding by virtue of
the fact that he or she might be called upon to give testimony in the case at
some later date.

3. Under rule 5.655(g)(1)(E) of the California Rules of Court, CASA programs
must have access to an attorney, whether retained or pro bono, to provide
advice and direction on legal issues. Pro bono attorneys retained in such a
capacity have the right to be heard in any proceedings and may examine the
child and other witness, as necessary.

4. CASA volunteer's personnel file is confidential under rule 5.655. No one shall

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have access to the file or any of its contents, except the volunteer, the CASA
Program Director, and the Presiding Judge of the Juvenile Court. A volunteer's
personnel records, however, are subject to the court's subpoena power. All
subpoenas are to be served in the CASA office.

5. A CASA advocate is a mandated child abuse reporter with respect to the case
to which he or she has been assigned (Penal Code section 11164, et seq.).

E. Court Reports.

In any case in which the court has ordered the appointment of an advocate, such advocate
shall file reports regarding their findings and recommendations for the child with the court
at least two (2) court days before each formal six month review hearing; reports for other
hearings/reviews are encouraged when significant, new information is available. Copies of
the report are to be provided by CASA to all parties or their counsel at least two (2) court
days before the scheduled hearing, pursuant to California Rules of Court, rule 5.655(k)(5).

F. Family Law Advocacy.

Should the juvenile court dismiss dependency and create family law orders pursuant to
Welfare and Institutions Code section 362.4, the advocate’s appointment may be continued
in the family law proceeding, in which case the juvenile court order shall set forth the nature,
extent, and duration of the advocate’s duties in the family law proceeding.

(Effective 7/1/03; Amended 1/1/07; Amended 1/1/10; Amended 1/1/13; Amended 7/1/2015; Amended 7/1/2017)

14.04 Court Appointed Attorney Fees: Dependency

All claims must be filed with the Judicial Counsel every thirty (30) days until counsel is

relieved. Untimely claims may, in the discretion of the court, be denied.

(Effective 1/1/09; Amended 7/1/2015)

CHAPTER 15—TRAFFIC

15.01 Trial by Declaration Pursuant to section 40902 of the Vehicle Code, a defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to that code, other than an infraction cited pursuant to Article 2 (commencing with section 23152 of Chapter 12 of Division 11. This provision also applies to a defendant who receives a notice of delinquent parking violation filed under section 40230. In order to elect a trial by declaration, a defendant must deposit with the clerk of the court the amount of bail indicated on the courtesy notice. The defendant shall then file his or her written declaration or declarations under penalty of perjury within the time specified in the courtesy notice. No appearance by the defendant shall be required. The clerk shall then set the matter for trial and provide notice to the defendant and the arresting officer.

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The citing officer may submit his or her sworn testimony by written declaration no later than

two days prior to the date set for trial. No appearance by the citing officer shall be required although the officer may elect to appear in person. The court may receive into evidence the notice to appear issued, pursuant to California Vehicle Code section 40500, a business record or receipt, the written declaration of the defendant, a sworn declaration of the citing officer or, if the citing officer elects to appear in person, the sworn testimony of the officer.

In the event the defendant is found not guilty or if the charges are otherwise dismissed, the

amount of the bail posted shall be promptly refunded to the defendant.

In the event the defendant is dissatisfied with a decision of the court in a proceeding pursuant

to this rule, the defendant shall, within ten (10) days of the mailing of the clerk's notice of the court's decision, notify the clerk in writing, of a request for a trial de novo; in which case the court shall then set a regular trial requiring the appearance of all parties to be heard in open court.

(Effective 1/1/95; Amended 7/1/98; Renumbered Effective 1/1/06; Amended 7/1/2015)

15.02 Continuances

Prior to the date upon which the defendant promised to appear and without depositing

bail, the defendant may request a continuance of the written promise to appear. Similarly, a traffic officer may request a continuance of the matter based upon his or her unavailability. All requests for continuances must be submitted at least ten (10) court days prior to the date of the hearing.

(Effective 1/1/06; Amended 1/1/09)

CHAPTER 16—DOMESTIC VIOLENCE COORDINATION RULES

16.01 Court Communication

This chapter sets forth the communication protocol for Domestic Violence and Child

Custody Orders, as mandated by California Rules of Court, rule 5.445.

The Court’s criminal, family, and juvenile law departments shall communicate and exchange

information with each other prior to issuing protective orders and child custody and visitation orders to determine if such orders have already been issued as to the same parties and/or children in any other department.

(Effective 7/1/08; Amended 7/1/2015)

16.02 Avoiding Conflicting Orders

No department of the family or juvenile court shall issue a protective order or custody order

in conflict with an order of the criminal court. In the event conflicting orders are issued inadvertently, the order of the criminal court controls.

(Effective 7/1/08)

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16.03 Modification of Criminal Orders

A court issuing a criminal court protective order may, after consultation with the appropriate

department of the family and/or juvenile court, modify the criminal court protective order to allow or to restrict contact between the restrained person and his or her children, spouse, or other protected person.

(Effective 7/1/08)

16.04 Coexisting Criminal and Family or Juvenile Orders

A family or juvenile court order may coexist with a criminal court protective order, subject

to the following conditions:

A. Any order permitting contact between the restrained person and his or her children
shall provide for the safe exchange of the children.

B. Any order permitting contact between the restrained person and his or her children
shall not contain language, either printed or handwritten, that violates a “no contact
order” issued by the criminal court.

C. Safety of all parties shall be the court’s paramount concern. The family and/or
juvenile court order shall specify the date, time, place, and manner of transfer of the
child, as provided in Family Code section 3100.

(Effective 7/1/08; Amended 7/1/2015)

CHAPTER 17—PROBATE

17.01 Accountings in Guardianships and Conservatorships

Pursuant to Probate Code section 2620, subdivision (c)(3), the private professional or licensed

guardian or conservator may elect to lodge with the Court the originals of the account statements referenced in section 2620, subdivisions (c)(1), (2), and (3). The originals of the account statements shall be released by the Court as provided in section 2620, subdivision (c)(3).

(Effective 1/1/09; Amended 7/1/2015; Renumbered Effective 7/1/2017)

17.02 Successor Conservators and Guardians

Successor conservators and guardians shall file an Inventory and Appraisal of the estate

within 90 days of the date of appointment. (See Probate Code §2610.)

(Effective 7/1/09; Renumbered Effective 7/1/2017)

17.03 Investigator Fees

Unless investigator fees are waived due to hardship per Probate Code sections 1851.5 or

1513.1, the court will assess fees for the cost of investigations in guardianship and conservatorship cases. Petitioners in guardianship cases who do not qualify for waiver of investigation fees may request permission from the court to make monthly payments due to hardship. Bills will be sent to conservators and guardians or parents, and copies will be set to their attorneys. Upon receipt of the bill, payment must be remitted to the Court within thirty (30) days, unless a proper objection to the

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same is received.

(Effective 7/1/09; Renumbered Effective 7/1/2017)

17.04 Death of Conservatee

Within thirty (30) days of the death of the conservatee, the conservator must file a notice of

death of the conservatee with a copy of the conservatee’s death certificate attached and must serve a copy of the notice on the Court Investigator’s Office.

Within sixty (60) days of the conservatee’s death, the conservator must file a final

accounting with the court.

(Effective 7/1/09; Renumbered Effective 7/1/2017)

17.05 Conservator’s Duty to Download Handbook and View Online Video Before Letters of Conservatorship are issued, all conservators (except corporate or

institutional conservators) must obtain a copy of the Handbook for Conservators published by the Judicial Council of California and, if available, view an online video on the duties and responsibilities of a conservator. Both the Handbook and video “With Heart: Understanding Conservatorship” are available on the court’s website – Probate Division – at www.amadorcourt.org/dv-probate.aspx .

After watching the video, prospective conservators must complete the online verification

form and submit it to the court prior to the hearing on the conservator petition.

(Effective 1/1/10; Amended 7/15/2015; Amended and Renumbered Effective 7/1/2017; Amended 1/1/2023)

17.06 Appointment of Investigator in Conservatorship Matters

Upon filing a Petition for Appointment of Conservator, the petitioner is required to file an

Order Appointing Court Investigator (form GC-330) for the Court’s review and approval.

The Court is not required to prepare an Order Appointing Court Investigator (form GC-

331. for the review investigations required by Probate Code sections 2684 and 2686. The Court adopted a standing order appointing the Amador County Court Investigator to conduct review investigations and investigations concerning the appointment of a successor conservator.

     The Court is not required to prepare an Order Settling Biennial Review Investigation and Directing Status Report before Review (GC-332) when it orders biennial review investigations and directs status reports under Probate Code section1850 (a). The Court adopted a standing order appointing the Amador County Court Investigator to perform the biennial review investigations and prepare status reports.

(Effective 7/1/11; Amended 7/1/2015; Renumbered Effective 7/1/2017)

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17.07 Capacity Declarations

All capacity declarations (Form GC 335) are deemed confidential.

(Effective 7/1/12; Renumbered Effective 7/1/2017)

CHAPTER 18—APPELLATE DIVISION

18.01 Record in Misdemeanor and Infraction Appellate Division Cases. The original trial court file shall be used as the record on appeal in all misdemeanor and

infraction appeals. (Calif. Rules of Court, rules 8.860, 8.863, 8.914, 8.910.)

(Effective 7/1/09; Amended 7/1/2015)

18.02 Electronic Recording as Part of Appellate Record

Upon stipulation of the parties or order of the court, in all misdemeanor and infraction

appeals, in which electronic recording is utilized, the original electronic recording or a copy of said recording, made by the trial court, may be transferred to the appellate division as part of the record on appeal, without first being transcribed. (Calif. Rules of Court, rules 8.868, 8.917.)

(Effective 7/1/09; Amended 7/1/2015)

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APPENDIX OF LOCAL FORMS

AMADOR SUPERIOR COURT LOCAL FORMS EFFECTIVE 1/01/2023

NUMBER FORM NAME Date last revised Mandatory Optional CIVIL FORMS CIV-025 Stipulation to Mediator 4/2008 x CIV-131 Stipulation to Allow Trial Judge to Conduct Settlement Conference 6/2016 x CIV-132 Attachment to Stipulation to Allow Trial Judge to Conduct Settlement 6/2016 x Conference CIV-133 Ex Parte Application for Stay of Execution of Judgment 3/2017 x CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases 3/2017 x CIV-135 Declaration re: Notice of Ex Parte Application for Orders or Order Shortening 4/2017 x Time CIV-139 Request for Discovery Conference 1/2018 x CRIMINAL FORMS CRIM-002 Waiver of Defendant’s Personal Presence 05/2011 CRIM-025 Request for Modification 2/2013 x CRIM-026 Petition for Dismissal, Change of Plea, Modification or Reduction 09/2008 x CRIM-032 Request for Recommendation for Restricted License 02/2007 x CRIM-070 Ex Parte Application to Place Matter on Calendar 06/2008 x CRIM-071 Order on Application to Place Matter on Calendar 05/2013 x CRIM-072 Ex Parte Application to Shorten Time for Filing and Service 06/2008 x CRIM-073 Order on Ex Parte Application to Shorten Time for Filing and Service 06/2013 x CRIM-199, 2/2011 x Certificate of Rehabilitation and Pardon - packet200, 202 CRIM-203 Plea in Absentia 2/2014 x CRIM-230 Defendant’s Financial Statement 3/2013 x CRIM-237 Application for Resentencing and Reduction 11/2014 x CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x CRIM-240 Proof of Service on Resentencing 11/2014 x CRIM-243 Misdemeanor Plea Form 6/2018 x CRIM-400 DUI Advisement of Rights, Waiver and Plea Form – 1st offense VC 1/2017 x 23152 CRIM-401 DUI Advisement of Rights, Waiver and Plea Form-subsequent 1/2017 x Offense - VC 23152 CRIM-402 Addendum to DUI Advisement of Rights, Waiver, and Plea form 1/2017 x CRIM-403 DUI Advisement of Rights, Waiver and Plea Form – VC 23153 1/2017 FAMILY LAW FCA-200 Petition to Declare Minor Free From Parental Custody and Control 3/2017 x for Step Parent Adoption FCA-201 Order on Petition To Declare Minor Free From Parental Custody & Control of 3/2017 x Parent for Step Parent Adoption FCA-202 Adoption Citation to Declare Minor Free From Parental Custody and Control 3/2017 x of Parent for Stepparent Adoption

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FCA-203 Consent to Adoption by Parent In/Outside CA giving custody to Wife or Other 3/2017 x Parent FCA-204 Ex Parte Application for Publication of Citation 3/2017 x FCA-205 Order on Ex Parte Application for Publication of Citation 3/2017 x FCA-206 Declaration of Due Diligence in Support of Request for an Order for 3/2017 x Publication or Dispensing with Notice FCS-004 Declaration in Support of Ex Parte Application for Orders 8/2014 x FCS-031 Memorandum To Set Case For Trial 4/2012 x FCS-043 Family Law Case Management Statement 9/2012 x FCS-044 Request to Set Default/Uncontested Matter For Hearing 8/2011 x FCS-052 Family Law Settlement Conference Statement 9/2012 x FCS-080 Petition for Joinder - Grandparent Visitation 6/2012 x FCS-081 Petition for Grandparent Visitation 10/2016 x FCS-092 Statement of Issues 4/2012 x FCS-104 Request/Stipulation For Continuance 3/2017 x FCS-106 Request/Petition to Inspect Adoption records 6/2016 x FINANCIAL FORMS FIN-021 Investigator Claim Form 10/2012 x FIN-022 Mediator's Claim Form 10/2010 x FIN-031 Attorney Claim Form 11/2016 x JUVENILE FORMS JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x JVDP-033 Order on Request for Referral to Juvenile Court Mediation 3/2017 x TRAFFIC FORMS TRF-001 Waiver of Constitutional Rights & Plea 4/2010 x TRF-026 Request For Continuance of Traffic Court Trial and Order 7/2009 x TRF-027 Request for Traffic School & Order 9/2011 x TRF-066 Request For Trial - Traffic 4/2014 x SMALL CLAIMS SC-020 Declaration of Judgment Debtor Regarding Satisfaction of Judgment 4/2017 x

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FILING INSTRUCTIONS AND SUMMARY OF CHANGES

JANUARY 1, 2025 LOCAL RULES

The court submits the entire set of its local rules with a revised Table of Contents, List of Effective Dates, and Appendix (Alphabetical). The following chapters and sections have been amended, effective January 1, 2025:

CHAPTER 4 – CIVIL LAW AND MOTION RULES

4.03 – Section amended.

CHAPTER 11 – MISCELLANEOUS

11.05 – Section amended.

11.06 – Section amended.

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ALPHABETICAL INDEX OF LOCAL RULES

Subject Page

APPELLATE DIVISION 69 Electronic Recording as part of Appellate Record 69 Record in Misdemeanor and Infraction Appellate Division Cases 69 ARBITRATION 27 Appointment of Arbitrator 28 Arbitrator’s Fees 28 Filing Award and Trial De Novo 27 No Hearing Due to Neglect of party 27 Ordering Arbitration 27 Random Selection 27 Where Arbitrator Declines to Serve 27

CIVIL LAW AND MOTION RULES 8 Continuances 10 Default Judgments by Affidavit 9 Joining Motions of Other Parties 9 Preemption of Local Rules 8 Summary Judgment Motions 8 Tentative Rulings 8 Withdrawing Civil Motions 8 CIVIL PRETRIAL AND TRIAL SETTING FOR CIVIL CASES 21 Duties If Case Settles 21 Motions in Limine 22 CLAIMS OF MINORS AND INCOMPETENT PERSONS 40 Application for Appointment of Guardian Ad Litem 40 Compromise of Claims 41 COURT EXECUTIVE OFFICER 8 Clerk of the Superior Court – Court Executive Officer 8 CRIMINAL 12 Alternative Sentencing 17 Ancillary Defense Expenses 19 Appointment of Investigators/Ancillary Services 20 Arraignments 12 Continuances 12 Claims for Payment 20 Discovery Motions 16 Discovery Requests 16 Failure of Moving Party to Appear 15 Filing of Papers 12

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Format of Motions, Citations 15 Investigators/Experts and Other 21 Jury Instructions 19 Motions at Trial 15 Numbering of Discovery Documents and Tapes 16 Pleas at the Time of Trial 19 Plea Bargaining 19 Pretrial Motions Not Waived 12 Probable Cause Hearings 17 Setting Evidentiary Motions 16 Standing Income Deduction Order 17 Taking Matters Off Calendar 15 Temporary Release From Jail 17 Transcription Services 21 Withdrawal of Attorney of Record 12 DOMESTIC VIOLENCE COORDINATION RULES 66 Avoiding Conflicting Orders 67 Coexisting Criminal and Family or Juvenile Orders 67 Court Communication 66 Modification of Existing Criminal Orders 67 FAMILY LAW 42 Appointment of Counsel for Minor Child(ren) Pursuant to Family Code §3150 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders 49 Child Custody/Visitation; Referral for Report 46 Continuance Fees 57 Continuances on Short Cause Calendar 46 Counsel Appointed to Represent Child in Custody or Visitation Proceedings: Complaint Procedure 58 Duties of the Family Law Facilitator 57 Failure to Serve 46 Family Law Case Management 59 Judgments and Orders 55 Lack of Appearance 46 Long Cause Contested Hearings /Trials 54 Matters Exceeding 5 - 10 Minutes; Special Setting 46 Matters Heard; Financial Declarations 42 Participation of Child 50 Remote Appearances for Child Support Matters 57 Report of Expert Appointed Pursuant to Evidence Code §730 50 Settlement Conferences and Meet and Confer Rule 45 Statement of Issues in Long Cause Cases 45 Stepparent Adoptions 51 Stipulations Modifying Existing Orders 51 Temporary Orders for Child Custody and Support 50

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Uncontested Trials in Dissolution and Legal Separation Matters 52

GENERAL RULES 6 Adoption of California Rules of Court 7 Amendment, Addition, or Repeal of these Rules; Sanctions for Failure to Comply With Rules 7 Citation of Rules 6 Construction and Application of Rules 6 Effect of Rules 6 Effective Date of Rules 6 Rules Governing Probate Filings 7 Scope of Rules 6 JUDICIAL ADMINISTRATION 7 Definition of Judicial Vacation 7 Presiding Judge 7 JUVENILE 60 Appointment of Counsel in Juvenile Dependency Proceedings 60 Appointment of Guardian Ad Litem for Minors 62 Court-Appointed Attorneys Fees: Dependency 65 Court-Appointed Special Advocate (CASA) 63 MISCELLANEOUS 29 Acceptance of Checks and Other Negotiable Paper 30 Appeal from Decision of the Labor Commissioner Under Labor Code §98.2 34 Attorney’s Fees in Actions on Promissory Notes, Contracts Providing for Payment of Attorney’s Fees, and Foreclosures: Attorney’s Fees Schedule 32 Attorney’s Fees in Residential Unlawful Detainer Actions 31 Availability of Court Reporting Services 28 Case Intake Sheet 36 Contacting the Court’s Legal Research Staff 32 Courtroom Attire 39 Direct Calendaring of Cases 37 Drop Box Policy 36 Electronic Recording 35 Ex Parte Hearings in Family Law Matters 39 Extraordinary Writs 35 Filing of Papers 39 Filing/Lodging of Confidential Papers 35 Form of Judgment 33 Habeas Corpus 37 Interpreters and Translators 31 Jury Fees 30 Official Reporter Fees 30 Online Electronic Case Filing 35 Photocopying and Reproducing Official Court Records 29

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Photography and Recording in Courthouse 38 Printed Forms 34 Remote Appearances 32 Replacing Lost Papers 39 Reserved Hearings 37 Small Claims – Exhibits 40 Small Claims – Return of Service 40 Small Claims – Untimely Appeals 40 Stipulated Judgment Form to be Separate from Stipulation 34 Submission of Orders & Settlement Agreements 36 Unlawful Detainer - Dismissal 40 PREFACE TO LOCAL RULES – STANDARDS OF PROFESSIONAL 5 CONDUCT Duties Owed in Proceedings Before the Court 5 General 5 PRETRIAL SETTLEMENT CONFERENCES 10 Settlement Conference Procedures 11 Settlement Conferences/Statements 10 PROBATE 67 Accountings in Guardianships and Conservatorships 67 Appointment of Investigator in Conservatorship Matters 68 Capacity Declarations 69 Conservator’s Duty to Download Handbook 68 Death of Conservatee 68 Investigator Fees 68 Successor Conservators and Guardians 68 SELECTION AND IMPANELMANT OF JURORS 28 Juror Selection Procedures 28 Preparation of Jury Panels 29 Requests for Excuse – Procedure 28 Sealing of Juror Personal Identifying Information 29 TRAFFIC 66 Continuances 66 Trial by Declaration 66 TRIAL COURT DELAY REDUCTION 22 At-Issue Memorandum 25 Case Management Conferences 23 Civil Mediation Program 25 Cross-Complaints 25 Disposition of Program Cases 22 Dismissals 25 Exemption of Complex Litigation 24 Failure to Comply With Rules 24

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Filing and Service of Pleadings 23 Included Actions; Exceptions, Excluded Actions 22 Motions for Relief From Time Limits 24 Trial Court Delay Reduction Program 22

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LIST OF EFFECTIVE DATES

Chapter Rule Rule Title Effective Most No. Date Recent Amended Effective Date PREFACE - 0.10 General 7/1/15 - 0.20 Duties Owed in Proceedings Before the 7/1/15 Court GENERAL RULES 1 1.00 Scope of Rules 1/1/95 1/1/00 1.01 Citation of Rules 1/1/95 1/1/00 1.02 Effective Date of Rules 1/1/95. 7/1/19 1.03 Effect of Rules 1/1/95 1/1/00 1.04 Construction and Application of Rules 1/1/95 1/1/00 1.05 Adoption of California Rules of Court 1/1/95 7/1/15 1.06 Amendment, Addition, or Repeal of 1/1/95 7/1/15 Rules; Sanction for Failure to Comply 1.07 Rules Governing Probate Filings 1/1/97 7/1/17 JUDICIAL ADMINISTRATION 2 2.00 Presiding Judge 1/1/95 12/1/20 2.01 Definition of Judicial Vacation 7/1/15 COURT EXECUTIVE OFFICER 3 3.00 Clerk of the Superior Court – Court 1/1/95 7/1/17 Executive Officer CIVIL LAW AND MOTION RULES 4 4.00 Preemption of Local Rules 1/1/00 7/1/15 4.01 Withdrawing Civil Motions 7/1/12 7/1/15 4.02 Summary Judgment Motions 7/1/15 4.03 Tentative Rulings 7/1/01 1/1/25 4.04 Default Judgments by Affidavit 7/1/01 7/15/15 4.05 Joining Motions of Other Parties 7/1/01 7/1/15 4.06 Continuances 7/1/01 7/1/15 PRETRIAL SETTLEMENT CONFERENCES 5 5.00 Settlement Conferences/Statements 1/1/95 7/1/19 5.01 Settlement Conference Procedures 1/1/95 1/1/23 CRIMINAL 6 6.00 Arraignment 1/1/95 7/15/15 6.01 Continuances 1/1/95 7/15/15 6.02 Withdrawal as Attorney of Record 1/1/95 7/15/15

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6.03 Pretrial Motions Not Waived 1/1/95 7/15/15
6.04 Filing of Papers 1/1/95 7/1/15
6.05 Format of Motions, Citations 1/1/95 7/15/15
6.06 Motions at Trial 7/1/17
6.07 Failure of Moving Party to Appear 1/1/95 7/15/15
6.08 Taking Matters Off Calendar 1/1/95 7/15/15
6.09 Setting Evidentiary Motions 1/1/95 7/15/15
6.10 Discovery Requests 1/1/95 7/15/15
6.11 Numbering of Discovery Documents/Tapes 1/1/95 7/15/15
6.12 Discovery Motions 1/1/95 7/15/15
6.13 Probable Cause Hearings 1/1/95 Renumbered
1/1/06
6.14 Temporary Release from Jail 1/1/95 7/15/15
6.15 Alternative Sentencing 1/1/95 1/1/06
6.16 Standing Income Deduction Order 1/1/95 7/1/15
6.17 Jury Instructions 7/1/17
6.18 Pleas at the Time of Trial 1/1/06 7/15/15;
Renumbered
7/1/17
6.19 Plea Bargaining 1/1/06 7/15/15;
Renumbered
7/1/17
6.20 Ancillary Defense Experts 7/1/19

CIVIL PRETRIAL AND TRIAL SETTING FOR CIVIL CASES

7 7.01 Duties If Case Settles 1/1/95 7/15/15 7.02 Motions in Limine 1/1/00 Renumbered 1/1/03; 7/1/11 TRIAL COURT DELAY REDUCTION PROGRAM 8 8.01 Trial Court Delay Reduction Program 1/1/95 7/1/15 8.02 Included Actions; Exceptions, Excluded 1/1/95 7/15/15 Actions 8.03 Disposition of Program Cases 1/1/95 1/1/07 8.04 Filing and Service of Pleadings 1/1/95 7/15/15 8.05 Case Management Conferences 1/1/95 7/15/15 8.06 Failure to Comply with Rules 1/1/95 1/1/00 8.08 Motions for Relief from Time Limits 1/1/95 1/1/00 8.10 Exemption of Complex Litigation 1/1/95 7/1/01 8.11 Dismissals 1/1/95 7/1/01 8.12 At-Issue Memorandum 1/1/06 8.13 Cross-Complaints 1/1/06 8.14 Civil Mediation Program 7/1/06 7/15/15 ARBITRATION 9 9.00 Ordering Arbitration 1/1/95 7/15/15

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State of California Superior Court County of Amador

9.01 Random Selection 1/1/95 7/1/01 9.02 Appointment of Arbitrator 1/1/95 7/1/01 9.03 Where Arbitrator Declines to Serve 1/1/95 7/1/01 9.04 No Hearing Due to Neglect of Party 1/1/95 7/1/01 9.05 Filing Award and Trial De Novo 1/1/95 7/1/01; Renumbered 1/1/06 9.06 Arbitrator’s Fees 1/1/09 7/15/15 SELECTION AND IMPANELMENT OF JURORS 10 10.00 Juror Selection Procedures 1/1/95 7/1/15 10.01 Requests for Excuse - Procedure 1/1/95 1/1/96; 7/1/11 10.02 Preparation of Jury Panels 1/1/95 7/1/15 10.03 Sealing of Jury Personal Identifying 1/1/95 7/1/04 Information MISCELLANEOUS 11 11.00 Photocopying & Producing Official Court 1/1/95 7/1/15 Records 11.01 Printed Forms 1/1/95 11.02 Acceptance of Checks and Other 1/1/95 7/15/15 Negotiable Paper 11.03 Jury Fees 1/1/95 7/1/15 11.05 Official Reporter Fees 1/1/95 1/1/25 11.06 Availability of Court Reporting Services 1/1/95 1/1/25 11.07 Interpreters and Translators 1/1/95, et 7/15/17 seq. 11.08 Contacting Court’s Legal Research Staff 1/1/95 11.09 Remote Appearances 1/1/95 1/1/23 11.10 Attorney’s Fees in Actions on Promissory 1/1/95 7/15/15 Notes, Contracts Providing for Payment of Attorney’s Fees, and Foreclosures: Attorney’s Fee Schedule 11.11 Attorney’s Fees in Residential Unlawful 1/1/95 7/15/15 Detainer Actions 11.12 Form of Judgment 1/1/95 7/15/15 11.13 Stipulated Judgment Form to be Separate 1/1/95 7/15/15 from Stipulation 11.14 Replacing Lost Papers 1/1/95 11.15 Appeal from Decision of Labor 1/1/95 7/15/15 Commissioners Under Labor Code §98.2 11.16 Online Electronic Case Filing 1/1/95 1/1/23 11.17 Filing/Lodging of Confidential Papers 1/1/96 7/1/17 11.18 Extraordinary Writs 1/1/00 7/1/17 11.19 Electronic Recording 7/1/06 7/15/15 11.20 Case Intake Sheet 1/1/08

Revised 01/01/2025 80 Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

11.21 Submission of Orders & Settlement 1/1/08 1/1/10 Agreements 11.22 Drop Box Policy 7/1/08 11.23 Direct Calendaring of Cases 7/1/08 7/15/15 11.24 Habeas Corpus 7/1/08 7/1/19 11.25 Photography and Recording in Courthouse 1/1/09 7/1/15 11.26 Ex Parte Hearings in Family Law Matters 7/1/09 1/1/23 11.27 Filing of Papers 7/1/01 7/1/17 11.28 Reserved Hearings 1/1/10 11.29 Courtroom Attire 1/1/10 7/15/15 11.30 Unlawful Detainer – Dismissal 7/1/17 11.31 Small Claims – Return of Service 7/1/17 11.32 Small Claims – Exhibits 7/1/17 11.33 Small Claims – Untimely Appeals 7/1/11 7/1/17 CLAIMS OF MINORS AND INCOMPETENT PERSONS 12 12.00 Application for Appointment of Guardian 1/1/95 7/1/15 Ad Litem 12.01 Compromise of Claims 1/1/95 7/1/15 FAMILY LAW 13 13.00 Matters Heard – Financial Declarations 1/1/95 7/1/15 13.01 Calendar for Family Law and Motion, 1/1/95 7/1/15 Orders to Show Cause, and Requests for Other Orders 13.02 Settlement Conferences – Meet and 1/1/95 7/1/15 Confer Rule 13.03 Statement of Issues in Long Cause Cases 1/1/95 7/1/17 13.04 Failure to Serve 1/1/95 7/1/15 13.05 Continuances on Short Cause Calendar 1/1/95 7/1/15 13.06 Lack of Appearance 1/1/95 13.07 Matters Exceeding 5 – 10 Minutes; Special 1/1/95 7/1/15 Setting 13.08 Child Custody/Visitation; Referral for 1/1/95 1/1/23 Report 13.09 Appointment of Counsel for Minor 1/1/95 7/1/15 Child(ren) Pursuant to Family Code §3150 13.09.1 Participation of Child 7/1/15 13.10 Report of Expert Appointed Pursuant to 1/1/95 7/1/15 Evidence Code §730 13.11 Temporary Orders for Child Custody and 1/1/95 7/1/15 Support 13.12 Stepparent Adoptions 7/1/11 7/1/15 13.13 Stipulations Modifying Existing Orders 1/1/95 7/1/15 13.14 Uncontested Trials in Dissolution and 1/1/95 7/1/17 Legal Separation Matters 13.15 Long Cause Contested Hearings/Trials 1/1/95 7/1/17

Revised 01/01/2025 81 Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

13.16 Judgments and Orders 1/1/95 7/1/15 13.18 Continuance Fees 7/1/08 7/1/15 13.20 Remote Appearances in Child Support 7/1/19 1/1/23 13.21 Duties of Family Law Facilitator 1/1/98 7/1/15 13.22 Counsel Appointed to Represent Child in 7/1/06 7/1/15 Custody or Visitation Proceedings: Complaint Procedure 13.23 Family Law Case Management 1/1/10 7/1/15 JUVENILE 14 14.01 Appointment of Counsel in Juvenile 1/1/97 7/1/15 Dependency Proceedings 14.02 Appointment of Guardian Ad Litem for 1/1/02 7/1/15 Minors 14.03 Court-Appointed Special Advocate 7/1/03 7/1/17 (CASA) 14.04 Court Appointed Attorney’s Fees: 1/1/09 7/1/15 Dependency TRAFFIC 15 15.01 Trial by Declaration 1/1/95 7/1/15 15.02 Continuances 1/1/06 1/1/09 DOMESTIC VIOLENCE COORDINATION RULES 16 16.01 Court Communication 7/1/08 7/1/15 16.02 Avoiding Conflicting Orders 7/1/08 16.03 Modification of Criminal Orders 7/1/08 16.04 Coexisting Criminal and Family or 7/1/08 7/1/15 Juvenile Orders PROBATE 17 17.01 Accounting in Guardianships and 1/1/09 Renumbered Conservatorships 7/1/17 17.02 Successor Conservators and Guardians 7/1/09 Renumbered 7/1/17 17.03 Investigator Fees 7/1/09 Renumbered 7/1/17 17.04 Death of Conservatee 7/1/09 Renumbered 7/1/17 17.05 Conservator’s Duty to Download 1/1/10 1/1/23 Handbook 17.06 Appointment of Investigator in 7/1/11 Renumbered Conservatorship Matters 7/1/17 17.07 Capacity Declarations 7/1/12 Renumbered 7/1/17 APPELLATE DIVISION 18 18.01 Record in Misdemeanor and Infraction 7/1/09 7/1/15 Appellate Division Cases

Revised 01/01/2025 82 Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

18.02 Electronic Recording as Part of Appellate 7/1/09 7/1/15
Record

Revised 01/01/2025 83 Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

APPENDIX OF LOCAL FORMS

AMADOR SUPERIOR COURT LOCAL FORMS ORDERED BY NAME EFFECTIVE 1/01/2025

NUMBER FORM NAME Date last revised Mandatory Optional CRIM-402 Addendum to DUI Advisement of Rights, Waiver, and Plea form 1/2017 x FCA-202 Adoption Citation to Declare Minor Free From Parental Custody and Control 3/2017 x of Parent for Stepparent Adoption CRIM-237 Application for Resentencing and Reduction 11/2014 x CIV-132 Attachment to Stipulation to Allow Trial Judge to Conduct Settlement 6/2016 x Conference FIN-031 Attorney Claim Form 11/2016 x CRIM-199, 2/2011 x Certificate of Rehabilitation and Pardon - packet200, 202 FCA-203 Consent to Adoption by Parent In/Outside CA giving custody to Wife or Other 3/2017 x Parent FCS-004 Declaration in Support of Ex Parte Application for Orders 8/2014 x FCA-206 Declaration of Due Diligence in Support of Request for an Order for 3/2017 x Publication or Dispensing with Notice SC-020 Declaration of Judgment Debtor Regarding Satisfaction of Judgment 4/2017 x CIV-135 Declaration re: Notice of Ex Parte Application for Orders or Order Shortening 4/2017 x Time CRIM-230 Defendant’s Financial Statement 3/2013 x CRIM-400 DUI Advisement of Rights, Waiver and Plea Form – 1st offense VC 1/2017 x 23152 CRIM-403 DUI Advisement of Rights, Waiver and Plea Form – VC 23153 1/2017 CRIM-401 DUI Advisement of Rights, Waiver and Plea Form-subsequent 1/2017 x Offense - VC 23152 FCA-204 Ex Parte Application for Publication of Citation 3/2017 x CIV-133 Ex Parte Application for Stay of Execution of Judgment 3/2017 x CRIM-070 Ex Parte Application to Place Matter on Calendar 06/2008 x CRIM-072 Ex Parte Application to Shorten Time for Filing and Service 06/2008 x FCS-043 Family Law Case Management Statement 9/2012 x FCS-052 Family Law Settlement Conference Statement 9/2012 x FIN-021 Investigator Claim Form 10/2012 x FIN-022 Mediator's Claim Form 10/2010 x FCS-031 Memorandum To Set Case For Trial 4/2012 x CRIM-243 Misdemeanor Plea Form 6/2018 x CRIM-071 Order on Application to Place Matter on Calendar 05/2013 x FCA-205 Order on Ex Parte Application for Publication of Citation 3/2017 x CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases 3/2017 x CRIM-073 Order on Ex Parte Application to Shorten Time for Filing and Service 06/2013 x FCA-201 Order on Petition To Declare Minor Free From Parental Custody & Control of 3/2017 x Parent for Step Parent Adoption JVDP-033 Order on Request for Referral to Juvenile Court Mediation 3/2017 x

Revised 01/01/2025 84
Z/local rules/2025-01.01 www.amadorcourt.org

State of California Superior Court County of Amador

CRIM-026 Petition for Dismissal, Change of Plea, Modification or Reduction 09/2008 x FCS-081 Petition for Grandparent Visitation 10/2016 x FCS-080 Petition for Joinder - Grandparent Visitation 6/2012 x FCA-200 Petition to Declare Minor Free From Parental Custody and Control 3/2017 x for Step Parent Adoption CRIM-203 Plea in Absentia 2/2014 x CRIM-240 Proof of Service on Resentencing 11/2014 x TRF-026 Request For Continuance of Traffic Court Trial and Order 7/2009 x CIV-139 Request for Discovery Conference 1/2018 x CRIM-025 Request for Modification 2/2013 x CRIM-032 Request for Recommendation for Restricted License 02/2007 x JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x TRF-027 Request for Traffic School & Order 9/2011 x TRF-066 Request For Trial - Traffic 4/2014 x FCS-044 Request to Set Default/Uncontested Matter For Hearing 8/2011 x FCS-106 Request/Petition to Inspect Adoption records 6/2016 x FCS-104 Request/Stipulation For Continuance 3/2017 x CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x FCS-092 Statement of Issues 4/2012 x CIV-131 Stipulation to Allow Trial Judge to Conduct Settlement Conference 6/2016 x CIV-025 Stipulation to Mediator 4/2008 x TRF-001 Waiver of Constitutional Rights & Plea 4/2010 x CRIM-002 Waiver of Defendant’s Personal Presence 05/2011

Revised 01/01/2025 85
Z/local rules/2025-01.01 www.amadorcourt.org