State statute
Butte — View/save all local rules
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-28
- Jurisdiction
- Butte County
Butte — View/save all local rules¶
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Superior Court of California, County of Butte
Local Court Rules Effective July 1, 2026
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
The Superior Court of California, County of Butte, has adopted the following Local Rules of Court: Local Rule Title Effective Date 1 General Rules July 1, 1990
2 Law and Motion July 1, 1989
3 Administration of Civil Litigation July 1, 1992
4 Administration of Unlawful Detainers July 1, 1997
6 Alternative Dispute Resolution January 1, 2006
9 Custody/Visitation Mediation July 1, 1990
12 Probate Rules July 1, 1998
13 Documents Presented for Filing July 1, 1989
14 Attorney Fees & Cost Reimbursement January 1, 1991
15 Family-Centered Case Resolution Process January 1, 2013
16 Family Law July 1, 1990
17 Juvenile Court Rules (Attorneys Representing July 1, 1996
Parties in Dependency Proceedings)
18 Court Appointed Special Advocate (CASA) January 1, 2001
19 Domestic Violence Coordination Rules July 1, 2004
20 Criminal Law January 1, 2017
21 Electronic Filing July 1, 2017
22 Appellate Division Rules July 1, 2008
50 Administrative Rules July 1, 1996
51 Complaint Procedures July 1, 2019 i
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SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE RULES
APPLICABILITY OF RULES. Pursuant to the passage of Proposition 220 on June 2, 1998 and the unanimous vote to unify by the Butte County Judges, the Courts in Butte County are a unified Superior Court. Unless otherwise noted, Rules are applicable to all cases including cases of limited jurisdiction.
The Uniform Local Superior Court Rules of the Third Appellate District (Third Appellate District Rules) are no longer in effect in the Butte County Superior Court.
To the extent any previously adopted "policy" of the Butte County Superior Court is in conflict with Butte County Local Rules 1, 2, 3, 4, 6, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 50, or 51 the new Local Rule supersedes the previous policy. Local Court Rules adopted previously are hereby superseded by these Rules.
Copies of the Superior Court of California, County of Butte Local Rules of Court and subsequent amendments have been filed with the Judicial Council and the Clerk of the Court in accordance with Government Code Section 68071 and California Rule of Court 10.613. Copies of the Rules may be purchased from the Clerk of the Court at One Court Street, Oroville, CA 95965.
DATED: May 2026 19~ SHARF ELMALLAH, Court Executive.Officer ii
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TABLE OF CONTENTS
Rule 1 — GENERAL RULES¶
LOCAL RULE 1 GENERAL RULES (Effective Date: 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 1/1/06, as amended 7/1/06, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/13, as amended 1/1/14, as amended 7/1/14, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 1/1/20, as amended 4/2/20, as amended 4/23/20, as amended 5/18/20, as amended 6/15/20, as amended 7/1/20, as amended 7/10/20, as amended 7/21/20, as amended 10/26/20, as amended 7/8/21, 7/1/22, as amended 1/1/23, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 1.1 RESERVED ......................................................................................................................... 1 1.2 MOTION IN LIMLINE ........................................................................................................ 1 1.3 SMALL CLAIMS VENUE ................................................................................................... 1 1.4 RESERVED .......................................................................................................................... 1 1.5 MULTIMEDIA AND NON-DOCUMENTARY EXHIBITS ............................................... 1 1.6 RESERVED .......................................................................................................................... 1 1.7 RESERVED .......................................................................................................................... 1 1.8 REQUESTING A COURT REPORTER ............................................................................... 2 1.9 TRIAL READINESS ............................................................................................................ 2 1.10 REMOTE APPEARANCES ................................................................................................. 2 1.11 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT .......... 5 1.12 ELISORS .............................................................................................................................. 5 1.13 REMOTE ACCESS TO COURT PROCEEDINGS .............................................................. 7 1.14 JURY SELECTION – HARDSHIPS ..................................................................................... 7
Rule 2 — LAW AND MOTION¶
LOCAL RULE 2 LAW AND MOTION (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 7/1/10, as amended 7/1/12, as amended 7/1/13, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/25) 2.1 APPLICABILITY ................................................................................................................. 8 2.2 PAPERS PRESENTED FOR FILING .................................................................................. 8 2.3 JUDICIAL NOTICE ............................................................................................................. 8 2.4 RESERVED .......................................................................................................................... 8 2.5 RESERVED .......................................................................................................................... 8 2.6 REPORTING OF PROCEEDINGS ...................................................................................... 8 2.7 RESERVED .......................................................................................................................... 9
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2.8 CONTINUANCE (Civil Law & Motion Only) .................................................................... 9 2.9 TENTATIVE RULINGS ....................................................................................................... 9 2.10 APPLICATION FOR ORDER SHORTENING TIME AND EX PARTE ORDERS ........... 9 2.11 RESERVED .......................................................................................................................... 9 2.12 DEFAULT HEARINGS ........................................................................................................ 9 2.13 MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION .............. 10 2.14 DISCOVERY DISPUTES .................................................................................................... 10 2.15 RESERVED .......................................................................................................................... 11 2.16 COMPROMISE OF MINOR’S OR INCOMPETENT’S CLAIM ....................................... 11 2.17 ATTORNEY FEES IN CASES INVOLVING MINORS OR INCOMPETENT PERSONS ............................................................................................................................. 12 2.18 POLICY RE: APPOINTMENT OF GUARDIAN AD LITEM FOR MINORS AND INCOMPETENT PERSONS ...................................................................................... 12
Rule 3 — ADMINISTRATION OF CIVIL LITIGATION¶
LOCAL RULE 3 ADMINISTRATION OF CIVIL LITIGATION (Effective 7/1/92, Title Amended 1/1/99, as amended 7/1/02, as amended 7/1/04, as amended 1/1/07, as amended 1/1/08, as amended 7/1/08, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16, as amended 1/1/19, as amended 7/1/20) 3.1 EFFECTIVE DATE .............................................................................................................. 13 3.2 DEFINITIONS ...................................................................................................................... 13 3.3 RESERVED .......................................................................................................................... 13 3.4 TRANSFERRED CASES ..................................................................................................... 13 3.5 POLICY ................................................................................................................................ 13 3.6 RESERVED .......................................................................................................................... 13 3.7 SERVICE OF INITIAL PLEADINGS, AMENDMENTS AND RESPONSIVE PLEADINGS ........................................................................................................................ 13 3.8 CASE MANAGEMENT PLAN ........................................................................................... 14 3.9 CASE MANAGEMENT CONFERENCE ........................................................................... 15 3.10 SETTLEMENT CONFERENCES ....................................................................................... 17 3.11 LATE PAPERS ..................................................................................................................... 19 3.12 SANCTIONS ........................................................................................................................ 19
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Rule 4 — ADMINISTRATION OF UNLAWFUL DETAINERS¶
LOCAL RULE 4 ADMINISTRATION OF UNLAWFUL DETAINERS (Effective 7/1/97, Title Amended 7/1/02, as amended 1/1/06, as amended 1/1/07, as amended 7/1/12) 4.1 EFFECTIVE DATE .............................................................................................................. 20 4.2 DEFINITIONS ...................................................................................................................... 20 4.3 TRANSFERRED CASES ..................................................................................................... 20 4.4 POLICY ................................................................................................................................ 20 4.5 EXCEPTION ORDERS........................................................................................................ 20 4.6 FILING OF COMPLAINT ................................................................................................... 21 4.7 SERVICE OF SUMMONS ................................................................................................... 21 4.8 REQUEST TO SET CASE FOR TRIAL .............................................................................. 21 4.9 SETTING OF CASES FOR TRIAL ..................................................................................... 21 4.10 DEMAND FOR JURY TRIAL ............................................................................................. 21 4.11 RESERVED .......................................................................................................................... 21 4.12 DUTY OF COUNSEL .......................................................................................................... 21
Rule 6 — ALTERNATIVE DISPUTE RESOLUTION¶
LOCAL RULE 6 ALTERNATIVE DISPUTE RESOLUTION (Effective 1/1/06, as amended 1/1/07, as amended 1/1/10, as amended 7/1/10, as amended 1/1/11, as amended 7/1/12, as amended 7/1/17, as amended 7/1/25) 6.0 APPLICABLE LAW AND RULES ...................................................................................... 23 6.1 COURT FILE ........................................................................................................................ 23 6.2 ADR ADMINISTRATOR ..................................................................................................... 24 6.3 ADR ORDERS AND FURTHER STATUS CONFERENCE............................................... 24 6.4 SELECTION OF ADR NEUTRAL ...................................................................................... 24 6.5 ADR REPORTS .................................................................................................................... 24 6.6 NOTICE OF SETTLEMENT ............................................................................................... 25 6.7 VACANCY AND CHALLENGE OF ADR NEUTRAL ...................................................... 25 6.8 COMPENSATION TO NEUTRAL ...................................................................................... 25 6.9 INITIATION OF ARBITRATION ........................................................................................ 26 6.10 WITHDRAWAL FROM ARBITRATION ............................................................................ 26 6.11 PRE-HEARING CONFERENCE ......................................................................................... 26
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6.12 SETTING TIME AND PLACE OF ARBITRATION HEARING; APPEARANCES REQUIRED ........................................................................................................................ 26 6.13 CONTINUANCE OF HEARING ......................................................................................... 26 6.14 DISMISSALS ....................................................................................................................... 26 6.15 DESIGNATION OF PARTIES AND AMOUNTS IN AWARD ........................................... 27 6.16 DISPOSITION OF EXHIBITS ............................................................................................. 27 6.17 APPEARANCES REQUIRED AT MEDIATION ................................................................ 27 6.18 STIPULATION TO MEDIATION AND MEDIATION STATEMENTS ............................. 27 6.19 DISCOVERY DURING MEDIATION ................................................................................ 28 6.20 MEDIATORS ........................................................................................................................ 28 6.21 FAILURE TO PARTICIPATE IN MEDIATION .................................................................. 29 6.22 CIVIL MEDIATOR COMPLAINT PROCESS .................................................................... 29
Rule 9 — CUSTODY/VISITATION MEDIATION¶
LOCAL RULE 9 CUSTODY/VISITATION MEDIATION (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 1/1/18, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 9.1 COURT’S POLICY ON CHILD CUSTODY ISSUES......................................................... 30 9.2 POLICY: MEDIATION ....................................................................................................... 30 9.3 DUTIES AND OBLIGATIONS OF THE PARTIES ............................................................ 30 9.4 CONDUCT OF MEDIATION .............................................................................................. 31 9.5 CONTESTED CUSTODY CASES ...................................................................................... 31 9.6 EVALUATION UNDER FAMILY CODE §3111 ................................................................. 32 9.7 CALENDAR: TRIALS OR LONG CAUSE HEARINGS AFTER MEDIATION .............. 35 9.8 CALENDAR: MOTIONS FOR MODIFICATION .............................................................. 36 9.9 DOMESTIC VIOLENCE AND CHILD CUSTODY FC§ 3044 .......................................... 36 9.10 DEFAULTS AND FAMILY CODE §2336 PROCEEDINGS ......................................................... 36 9.11 MISCELLANEOUS ..................................................................................................................................... 37 9.12 MEDIATION PURSUANT TO FAMILY CODE §3170 ...................................................... 38 9.13 MEDIATION ORIENTATION ............................................................................................. 39 9.14 RESULT OF FAILURE TO COMPLY ................................................................................. 39
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Rule 12 — PROBATE RULES¶
LOCAL RULE 12 PROBATE RULES (Effective 7/1/98, as amended 7/1/02, as amended 1/1/05, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/16, as amended 7/1/17, as amended 7/1/19, as amended 1/1/21, as amended 1/1/23, as amended 7/1/24, as amended 7/1/25, as amended 7/1/26) 12.1 GENERAL ............................................................................................................................ 40 12.2 BOND OF PERSONAL REPRESENTATIVE ..................................................................... 41 12.3 SALES BY PERSONAL REPRESENTATIVES .................................................................. 42 12.4 COMPENSATION OF PERSONAL REPRESENTATIVES AND THEIR ATTORNEYS ....................................................................................................................... 46 12.5 RESERVED .......................................................................................................................... 48 12.6 SPOUSAL AND/OR COMMUNITY PROPERTY PETITIONS ......................................... 48 12.7 PRELIMINARY AND FINAL DISTRIBUTION ................................................................. 48 12.8 FINAL DISCHARGE ........................................................................................................... 49 12.9 RESERVED .......................................................................................................................... 49 12.10 CONSERVATORSHIPS ....................................................................................................... 49 12.11 GUARDIANSHIPS .............................................................................................................. 53
Rule 13 — DOCUMENTS PRESENTED FOR FILING¶
LOCAL RULE 13 DOCUMENTS PRESENTED FOR FILING (Effective 7/1/90, as amended 7/1/03, as amended 1/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/12, as amended 1/1/15, as amended 7/1/16, as amended 1/1/19) 13.1 FAX FILING AND SERVICE .............................................................................................. 55 13.2 FORM OF DOCUMENTS, GENERALLY .......................................................................... 55 13.3 RESERVED .......................................................................................................................... 55 13.4 RESERVED .......................................................................................................................... 55 13.5 CONFORMING COPIES ..................................................................................................... 55 13.6 PREPAID, SELF-ADDRESSED ENVELOPES REQUIRED ............................................. 55 13.7 TIME AND DATE MUST BE SHOWN .............................................................................. 55
Rule 14 — ATTORNEY FEES & COST REIMBURSEMENT¶
LOCAL RULE 14 ATTORNEY FEES & COST REIMBURSEMENT (Effective 1/1/91, title amended 7/1/99, as amended 7/1/09, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/15, as amended 7/1/19, as amended 7/1/23, as amended 1/1/25, as amended 7/1/26) 14.1 APPLICABILITY ................................................................................................................. 57 14.2 ATTORNEY FEE REIMBURSEMENT EXCEPT IN CAPITAL CRIMINAL CASES ...... 57
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14.3 ATTORNEY COST REIMBURSEMENT EXCEPT IN JUVENILE DEPENDENCY, FAMILY CODE §3150 APPOINTMENTS AND CAPITAL CRIMINAL CASES ............. 57 14.4 PRESENTATION OF CLAIMS ........................................................................................... 58 14.5 CAPITAL CRIMINAL CASES ............................................................................................ 58 14.6 JUVENILE DEPENDENCY AND FAMILY CODE §3150 APPOINTMENTS CASES .... 58 14.7 PROFESSIONAL LIABILITY INSURANCE ..................................................................... 60 14.8 ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES ............ 60
Rule 15 — FAMILY-CENTERED CASE RESOLUTION PROCESS¶
LOCAL RULE 15 FAMILY-CENTERED CASE RESOLUTION PROCESS (Effective 1/1/13, as amended 7/1/13, as amended 7/1/20) 15.1 AUTHORITY ....................................................................................................................... 61 15.2 APPLICABILITY ................................................................................................................. 61 15.3 STATUS CONFERENCE ..................................................................................................... 61 15.4 ATTENDANCE AT STATUS CONFERENCE ................................................................................... 61 15.5 PRE-STATUS CONFERENCE REQUIREMENTS ............................................................. 61 15.6 STATUS CONFERENCE AND COURT’S ROLE .............................................................. 62
Rule 16 — FAMILY LAW¶
LOCAL RULE 16 FAMILY LAW (Effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 1/1/10, as amended and renumbered 1/1/11, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/15, as amended 1/1/17, as amended 7/1/17, as amended 1/1/18, as amended 7/1/18, as amended 1/1/19, as amended 1/1/20, as amended 4/20/20, as amended 6/12/20, as amended 7/1/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24, as amended 1/1/25, as amended 7/1/25, as amended 7/1/26) 16.0 GENERAL INSTRUCTIONS .............................................................................................. 63 16.1 OBTAINING A HEARING DATE ....................................................................................... 63 16.2 REQUEST OF MINOR TO MARRY OR ESTABLISH A DOMESTIC PARTNERSHIP ................................................................................................................... 63 16.3 RESERVED .......................................................................................................................... 63 16.4 DEADLINE FOR FILING PAPERS .................................................................................... 63 16.5 RESTRAINING ORDERS, EX PARTE REQUEST FOR RESTRAINING ORDERS, ORDER SHORTENING TIME FOR SERVICE/HEARING ............................................... 64 16.6 FAMILY LAW FACILITATOR ............................................................................................ 65
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16.7 FAMILY LAW FACILITATOR COMPLAINT PROCESS .................................................. 66 16.8 LENGTHY MATTERS ......................................................................................................... 66 16.9 MEET AND CONFER REQUIREMENT ............................................................................ 66 16.10 EVIDENCE AT A HEARING ON AN ORDER TO SHOW CAUSE OR NOTICE OF MOTION ...................................................................................................................... 67 16.11 DISCOVERY ........................................................................................................................ 67 16.12 CHILD AND SPOUSAL SUPPORT PROCEEDINGS ........................................................ 67 16.13 STIPULATIONS ................................................................................................................... 69 16.14 CHANGE OF VENUE ......................................................................................................... 69 16.15 TRIAL, SHORT AND LONG CAUSE EVIDENTIARY HEARINGS ................................ 69 16.16 VALUATION DATE FOR ASSETS OTHER THAN TRIAL DATE ................................... 75 16.17 APPROVAL OR INCORPORATION OF PROPERTY SETTLEMENT AGREEMENT .. 76 16.18 DEFAULT OR UNCONTESTED JUDGMENT .................................................................. 76 16.19 MINOR’S COUNSEL .......................................................................................................... 80 16.20 RESERVED .......................................................................................................................... 81 16.21 POLICIES FOR FAMILY LAW ........................................................................................... 81 16.22 RESULT OF FAILURE TO COMPLY ................................................................................. 82 16.23 RESERVED .......................................................................................................................... 83 16.24 CONTEMPT HEARINGS .................................................................................................... 83 16.25 PETITIONS TO TERMINATE PARENTAL RIGHTS AND FREE A MINOR FROM PARENTAL CUSTODY AND CONTROL ......................................................................................... 84 16.26 ADOPTIONS ........................................................................................................................ 84 16.27 PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND VISITATION) .................................................................................................................................... 84
Rule 17 — JUVENILE COURT RULES (ATTORNEYS REPRESENTING¶
LOCAL RULE 17 JUVENILE COURT RULES (ATTORNEYS REPRESENTING PARTIES IN DEPENDENCY PROCEEDINGS) (Effective 7/1/96, as amended 1/1/02, as amended 1/1/07, as amended 1/1/10, as amended 1/1/11, as amended 1/1/10, as amended 7/1/12, as amended 1/1/14, as amended 1/1/15, as amended 1/1/22, as amended 1/1/25, as amended 7/1/25) 17.1 AUTHORITY ....................................................................................................................... 92 17.2 CONFIDENTIALITY NOTICE AND AGREEMENT IN JUVENILE CASES .................. 92
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17.3 GENERAL COMPETENCY REQUIREMENTS ................................................................ 92 17.4 PRIVATELY RETAINED ATTORNEY ................................................................................................. 93 17.5 MINIMUM STANDARDS OF EDUCATION AND TRAINING; WORKLOADS ............ 94 17.6 APPOINTMENTS ................................................................................................................ 94 17.7 STANDARDS OF REPRESENTATION .............................................................................. 93 17.8 TIMELINES ......................................................................................................................... 95 17.9 JUVENILE COURT-APPOINTED ATTORNEY COMPLAINT PROCESS ...................... 96 17.10 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD .......................................................................................................... 98 17.11 INSPECTION OF RECORDS FOR WARDS AND DEPENDENT CHILDREN ............... 98 17.12 RESERVED .......................................................................................................................... 98 17.13 RESERVED .......................................................................................................................... 98 17.14 RESERVED .......................................................................................................................... 98 17.15 DISCOVERY ........................................................................................................................ 98 17.16 RESERVED .......................................................................................................................... 99 17.17 PRESENTATION OF EVIDENCE ........................................................................................... 99 17.18 SETTLEMENT CONFERENCE .......................................................................................... 99
Rule 18 — COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)¶
LOCAL RULE 18 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) (Effective 1/1/01, as amended 1/1/02, as amended 7/1/11, as amended 7/1/16, as amended 7/1/19, as amended 7/1/20) 18.1 ADOPTION OF COURT APPOINTED SPECIAL ADVOCATE PROGRAM ................... 101 18.2 SPECIAL ADVOCATES ............................................................................................................................ 101 18.3 RESERVED .......................................................................................................................... 102 18.4 RELEASE OF INFORMATION TO SPECIAL ADVOCATE ............................................. 102 18.5 RIGHT TO TIMELY NOTICE ............................................................................................. 103 18.6 CALENDAR PRIORITY ........................................................................................................................... 103 18.7 VISITATION THROUGH DEPENDENCY ......................................................................... 103 18.8 FAMILY LAW ADVOCACY ............................................................................................... 103 18.9 RIGHT TO APPEAR .................................................................................................................................... 104 18.10 DISTRIBUTION OF CASA REPORTS ............................................................................... 104
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Rule 19 — DOMESTIC VIOLENCE COORDINATION RULES¶
LOCAL RULE 19 DOMESTIC VIOLENCE COORDINATION RULES (Effective 7/1/04) 19.1 COURT COMMUNICATION .............................................................................................. 105 19.2 AVOIDING CONFLICTING ORDERS ............................................................................... 105 19.3 MODIFICATION OF CRIMINAL ORDERS ...................................................................... 105 19.4 COEXISTING CRIMINAL AND FAMILY OR JUVENILE ORDERS .............................. 105 19.5 ISSUANCE AND ENFORCEMENT OF RESTRAINING ORDERS ................................. 105
Rule 20 — CRIMINAL LAW¶
LOCAL RULE 20 CRIMINAL LAW (Effective Date 1/1/17, as amended 7/1/17, as amended 7/1/19, as amended 4/2/20, as amended 1/1/25) 20.1 FELONY TRIAL ASSIGNMENT CALENDAR (TAC) ...................................................... 106 20.2 DISCOVERY ....................................................................................................................... 106 20.3 MANDATORY CRIMINAL FORMS .................................................................................. 106 20.4 MOTIONS FOR RELEASE OF AN IN-CUSTODY DEFENDANT CHARGED WITH OR SENTENCED ON A MISDEMEANOR OFFENSE .......................................... 106
Rule 21 — ELECTRONIC FILING¶
LOCAL RULE 21 ELECTRONIC FILING (Effective Date 7/1/17, as amended 7/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/20, as amended 7/1/23) 21.1 AUTHORITY ....................................................................................................................... 107 21.2 ELECTRONIC FILING SERVICE PROVIDERS ............................................................... 107 21.3 FILING DATES AND TIMES .................................................................................................................. 107 21.4 LIMITATIONS ON FILINGS .............................................................................................. 107
Rule 22 — APPELLATE DIVISION RULES¶
LOCAL RULE 22 APPELLATE DIVISION RULES (Effective Date 7/1/08) 22.1 APPEALS ............................................................................................................................. 109 22.2 RESERVED ..................................................................................................................................................... 109 22.3 RESERVED .......................................................................................................................... 109 22.4 RESERVED .......................................................................................................................... 109 22.5 USE OF OFFICIAL RECORDING AS RECORD OF ORAL PROCEEDINGS ................ 109
Rule 50 — ADMINISTRATIVE RULES¶
LOCAL RULE 50 ADMINISTRATIVE RULES (Effective 7/1/96, as amended 1/1/99, as amended 7/1/16, as amended 7/1/19) 50.1 GENERAL RULES .............................................................................................................. 110 50.2 COURT EXECUTIVE OFFICER AND CLERK OF THE COURT .................................... 110
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50.3 RESERVED .......................................................................................................................... 111 50.4 JUDICIAL VACATION DAY DEFINED .............................................................................................. 111
Rule 51 — COMPLAINT PROCEDURES¶
LOCAL RULE 51 COMPLAINT PROCEDURES (Effective date 7/1/19, as amended 7/1/25) 51.1 COMPLAINTS REGARDING ASSIGNED JUDGES ........................................................ 112 51.2 COMPLAINTS REGARDING TEMPORARY JUDGE PRO TEM .................................... 112 51.3 COMPLAINTS AGAINST SUBORDINATE JUDICIAL OFFICERS ................................ 112 51.4 COMPLAINTS AGAINST COURT EMPLOYEES ........................................................... 112 51.5 LANGUAGE ACCESS COMPLAINTS .............................................................................. 113 ABBREVIATIONS ............................................................................................................................ 114 SUBJECT INDEX ............................................................................................................................. 115 FORMS INDEX BY ID NUMBER ................................................................................................... 123 FORMS INDEX BY NAME ............................................................................................................. 125 SAMPLE FORMS ............................................................................................................................. 127
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LOCAL RULE 1 GENERAL RULES (Effective Date: 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 1/1/06, as amended 7/1/06, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/13, as amended 1/1/14, as amended 7/1/14, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 1/1/20, as amended 4/2/20, as amended 4/23/20, as amended 5/18/20, as amended 6/15/20, as amended 7/1/20, as amended 7/10/20, as amended 7/21/20, as amended 10/26/20, as amended 7/8/21, 7/1/22, as amended 1/1/23, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 1.1 RESERVED (Effective 7/1/90) 1.2 FILING OF MOTIONS IN LIMINE (Effective 7/1/90, as amended 7-1-00, as amended 7/1/14, as amended 1/1/18) A. Any and all motions in limine in connection with any anticipated civil trial shall be filed five (5) Court days prior to the Trial Readiness Conference. The judge may allow filings after this date for good cause. (Effective 7/1/90, as amended 7-1-00, as amended 7/1/14, as amended 1/1/18) 1.3 SMALL CLAIMS VENUE (Effective 7/1/03, as amended 1/1/18) A. All Civil matters, including Small Claims, are filed at the North Butte County Courthouse located at 1775 Concord Ave., Chico, CA 95928. (Effective 7/1/03, as amended 7/1/13, as amended 1/1/18) 1.4 RESERVED (Effective 7/1/90, as amended 1/1/00) 1.5 MULTIMEDIA AND NON-DOCUMENTARY EXHIBITS (Effective 7/1/90, as amended 1/1/00, as amended 1/1/20, as amended 7/1/25) A. Multimedia (e.g. Flash Drives, DVDs, et al) and other non-documentary items, whether labeled or presented as Exhibits or Attachments, will not be accepted by the Court as part of any filed pleading, motion, or document. All pleadings, motions or petitions, or any paper filed with the Court, must be presented solely in paper (or electronic paper) format and in conformance with the requirements of California Rules of Court, Rule 2.100 et seq. Any Exhibits or Attachments other than paper must be incorporated by reference in the paper (or electronic paper) document and submitted in the manner consistent with this Rule. B. Non-Documentary Exhibits: 1. Exhibits or Attachments or other non-documentary items no matter how labeled, of a non-documentary nature, may be accepted by the Clerk’s Office only after receiving prior authorization from a judicial officer. 2. Said non-documentary Exhibits or Attachments must be pre-marked and attached to a coversheet describing the Exhibit or Attachment, the case name and number and the pleading or motion to which the item is related, the pending hearing date and time, and contents of the Exhibit or Attachment. 3. Such non-documentary Exhibits or Attachments shall be marked “Received” by the Clerk’s Office and stored in accordance with its standard Exhibit processing procedures for trial exhibits. C. Exhibits or Attachments subject to this Rule will not be received in Court and are subject to receipt by the Court only through the requirements herein. (Effective 7/1/90, as amended 1/1/00, as amended 1/1/20, as amended 7/1/25) 1.6 RESERVED (Effective 7/1/90, as amended 1/1/00, as amended 7/1/12, as amended 1/1/26) 1.7 RESERVED (Effective 7/1/90, as amended 1/1/99, as amended 1/1/26)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
1.8 REQUESTING A COURT REPORTER (Effective 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/11, as amended 7/1/12, as amended 1/1/19, as amended 7/1/22) A. Pursuant to California Rules of Court, Rule 2.956, and Government Code § 68086, the Court hereby adopts the following policy as a Butte County Superior Court Local Rule. B. The Court provides services of official Court reporters in all criminal and juvenile matters as required by law during regular Court hours. C. A party, with a fee waiver granted and requesting a Court reporter, must file with the Court at least ten (10) calendar days prior to a hearing Judicial Council form FW-020, Request for Court Reporter by Party with a Fee Waiver. Failure to timely file the Judicial Council form FW-020 may result in the unavailability of a Court reporter or delay in the hearing. (Effective 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/11, as amended 7/1/12, as amended 1/1/19, as amended 7/1/22) 1.9 TRIAL READINESS (Effective 7/1/90, as amended 7/1/02, as amended 7/1/04, as amended 1/1/06, as amended 7/1/06, as amended 1/1/09, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/13, as amended 1/1/14, as amended 7/1/16, as amended 1/1/18, as amended 7/1/19, as amended 1/1/20, as amended 7/1/25) A. When a case is ready for trial (at-issue), a Memorandum to Set Case for Trial (form GR.010) shall be filed in the following cases: Civil Harassment, Extraordinary Writs, and Asset Forfeiture cases under Health and Safety Code §11470. 1. Form GR.010 may also be filed in the following cases: Unlawful Detainer less than $25,000 or other. B. The memorandum to set case for trial shall contain the information as set forth in Memorandum to Set Case for Trial (form GR.010). C. For any Court trial which is to take in excess of two hours for presentation by all sides, the parties are required to file a trial memorandum setting forth their respective positions, together with citations to all legal authority upon which the parties intend to rely. Such trial memoranda, a list of exhibits, and a list of witnesses are to be filed no later than noon on the Monday immediately preceding the trial. The Court will ordinarily set a Trial Readiness Conference (TRC) preceding the trial for all unlimited civil Court trials with a time estimate greater than two (2) hours. D. For all jury trials, the Court will conduct a TRC in advance of the first day of trial. The Trial Readiness Conference Statement (form GR.020) is available on the Court’s website: www.butteCourt.ca.gov. The Court will, at the time of setting the trial date, set a date for the TRC. A Trial Readiness Conference Statement (form GR.020) must be filed at least five (5) Court days prior to the TRC, and a copy must be provided to opposing counsel. E. Parties are encouraged to obtain a stipulation containing the information as set forth in Procedural Stipulations for Jury Trial (form GR.040). (Effective 7/1/90, as amended 7/1/02, as amended 7/1/04, as amended 1/1/06, as amended 7/1/06, as amended 1/1/09, as amended 7/1/12, as amended 1/1/13, as amended 7/1/13, as amended 1/1/14, as amended 7/1/16, as amended 1/1/18, as amended 7/1/19, as amended 1/1/20, as amended 7/1/25) 1.10 REMOTE APPEARANCES (Effective 7/1/02, as amended 7/1/08, as amended 4/2/20, as amended 4/23/20, as amended 5/18/20, as amended 7/21/20, as amended 10/26/20, as amended 7/8/21, as amended 7/1/22, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) A. Definition and Authorization
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1. “Remote appearances” refer to appearances for a court hearing made by remote
technology by a party, as defined by California Rules of Court, Rule 3.672(c).
2. Remote appearances are generally authorized for civil and juvenile dependency
matters pursuant to Code of Civil Procedure § 367.75 and California Rule of Court,
Rule 3.670 — and 3.672, probate and mental health matters pursuant to Code of Civil¶
Rule 3.670 and 3.672, probate and mental health matters pursuant to Code of Civil Procedure §367.76, juvenile justice matters pursuant to Welfare and Institutions Code §679.5. Remote appearances may be authorized for criminal matters in select circumstances and proceedings pursuant to Penal Code §§ 977, 977.2, and 977.3. B. Notice to parties must be provided for each hearing unless a notice for remote appearances for the duration of a case or a waiver of notice by stipulation has been made, pursuant to California Rule of Court, Rule §3.672(f). C. General Rules 1. By choosing to voluntarily appear remotely for any case type, all parties and attorneys acknowledge and agree to the following general Rules regarding a remote appearance. a. All Rules of courtroom civility and decorum apply to a remote appearance. A remote appearance is the equivalent of an in-person appearance and any actions that occur in the hearing are subject to all applicable rules, statutes, and laws and are enforceable in the same manner as if the person was in the courtroom. b. It is the sole responsibility of the person appearing remotely, either by audio or video, to ensure they have sufficient internet speed and/or connectivity as well as an appropriate indoor location with no background noise or disruptions. By voluntarily appearing remotely, the person appearing remotely agrees to appear from an indoor location free from distraction or other noise. The Court retains the discretion, in the interest of justice, to terminate the remote appearance if there is a disruption, noise, misconduct, a communication problem, a technical problem, or other issues which interfere with the proper hearing of a matter. c. If the person making the remote appearance is not connected at the time the Court calls the case, or if the person has insufficient video or audio quality during the hearing, the Court shall have the following options: 1) The Court may consider alternative communication with the person who is not connected or whose connection is problematic. 2) The Court may consider continuing the hearing and/or requiring in- person appearances. 3) In the interest of justice, the Court may proceed with the hearing and/or make rulings in the absence of an appearance. d. Remote participants shall not have any scheduling conflicts when making their appearance and shall be available to participate in the hearing when the case is called by the Court. e. Remote participants shall not be engaged in any other distracting activity while participating in the scheduled hearing.
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f. Remote participants shall not use profile images, screen names, virtual backgrounds, or other displayed materials that contain inappropriate, offensive, disruptive, or otherwise distracting content. The Court may require removal of such materials or terminate the remote appearance if necessary to maintain decorum. g. Recording or photographing a remote proceeding is prohibited, pursuant to California Rules of Court, Rule 1.150. D. For all matters in which a remote appearance is authorized, connection information will be provided through the Court’s approved remote appearance platform as indicated on the Court’s website. Parties and attorneys must self-register for remote appearances, if approved, through that platform. In certain circumstances, the Court may schedule the remote appearance on behalf of agencies or non-parties. However, the connection link and all reminder emails will be sent directly from the platform. E. The Court provides for remote appearances as listed below. Current provider information and participation instructions are available on the Court’s website at https://www.buttecourts.ca.gov in the “Online Services > Remote Appearances” section. 1. In Civil matters, including Family and Probate. a. The Court authorizes telephonic appearances (but not video appearances, unless otherwise approved by the Court) for parties and attorneys in all non- evidentiary Civil, Probate and Family Law matters including Case Management Conferences, and Law & Motion matters. A Notice of Remote Appearance (RA-010) form is not required. In-person appearance is required for Jury Trials, Court Trials, and Evidentiary Hearings unless a remote appearance has been approved by the Court. b. To request a remote appearance via video, parties must file and serve a Notice of Remote Appearance (RA-010) form at least ten (10) court days before the hearing for an evidentiary hearing or small claims trial, or five (5) court days before the hearing for all other hearings. c. Parties must also file a proposed Order Regarding Remote Appearance (RA-020) form with the Court along with (RA-010). d. In response to a notice of a remote appearance by video for an evidentiary hearing or small claims trial. A party may file and serve an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (RA-015) form at least five (5) court days before the proceeding. 2. In Criminal matters, including Traffic: a. The Court may authorize remote appearances in select circumstances and proceedings pursuant to Penal Code § 977.3. Parties must submit a written request using the Court's Request for Remote Appearances and Order (GR- 060) form at least five (5) calendar days before the hearing. 3. In Juvenile Dependency matters: a. The Court may authorize remote appearances. Parties must file and serve the Request to Appear Remotely - Juvenile Dependency (RA-025) form prior to the start of the hearing.
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b. Parties must also file a proposed Order Regarding Remote Appearance (RA-020) along with the (RA-025). c. In response to a request for remote appearance by video, a party may file and serve a Request to Compel Physical Presence-Juvenile Dependency (RA-030) form two (2) court days before the proceeding. 4. In Juvenile Justice Matters: a. The Court may authorize remote appearances. Parties must submit a written request using the Court’s Request for Remote Appearance and Order (GR- 060) form at least five (5) calendar days before the hearing. (Effective 7/1/02, as amended 7/1/08, as amended 4/2/20, as amended 4/23/20, as amended 5/18/20, as amended 7/21/20, as amended 10/26/20, as amended 7/8/21, as amended 7/1/22, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 1.11 REQUESTING AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT (Effective 7/1/09, as amended 7/1/12, as amended 7/1/20) A. To coordinate external requests for the use of audio/visual presentation equipment in Butte County Superior Court, the following procedure shall apply at all Court facilities. 1. Parties who require the use of the Court’s audio/visual presentation equipment shall complete a Request/Notification for Courtroom Audio/Visual Presentation Equipment (form GR.030) and submit the completed form to the Clerk’s Office no later than five (5) Court days before the date the equipment is to be utilized. In the event the Court date is set less than five (5) Court days before the hearing, the request must be made at the time the hearing is set or by the close of business on that day. 2. Parties who require the use of non-Court provided equipment must complete a Request/Notification for Courtroom Audio/Visual Presentation Equipment (form GR.030) and submit the completed form to the Clerk’s Office no later than five (5) Court days before the date the equipment is to be utilized. The party shall confirm with the Clerk’s Office that the equipment is working properly and is compatible with any Court equipment that might also be used a minimum of five (5) Court days before it is scheduled to be used. It is not the responsibility of Butte County Superior Court staff or Sheriff’s Deputies to assist in operating or setting up of non- Court provided equipment. If a party is unable to operate, connect, or set up non- Court provided equipment in a reasonable period of time, as determined by the judicial officer presiding over the matter, the matter will proceed without use of the equipment. 3. The Court has limited audio/visual presentation equipment. In the event there are concurrent requests to use specific equipment, the equipment will be provided on a first-come, first-served basis unless other priority is determined by the Presiding Judge. (Effective 7/1/09, as amended 7/1/12, as amended 7/1/20) 1.12 ELISORS (Effective 1/1/19) A. Where one of the parties fails to execute a document necessary to carry out a Court order, the Clerk of the Superior Court or the Clerk’s authorized representative or designee may be appointed as an elisor to sign the document.
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B. When applying for the appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Butte [Name of Clerk of the Court] or the Clerk’s Designee” as the elisor. C. An application for appointment of an elisor shall be made by filing an application and proposed order. The Application for Appointment of Elisor shall have as an attachment a sample copy of the document(s) to be signed by the elisor. The sample copy shall be highlighted in the location(s) where the elisor is to sign his/her name. Beneath the signature line(s) on the sample copy the moving party shall print the language being requested to identify the elisor’s signature. D. The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor. E. The proposed order shall clearly identify the document(s). A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e. Escrow Instruction Dated…, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.). The order shall describe the exact location(s) in the document(s) where the elisor is to sign and identify the name of the party for whom the elisor is signing. F. If the Court grants the application for appointment of an elisor, the Clerk’s Office will arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) Court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case-by-case basis by the Court. G. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present when the elisor signs the document(s) in the event one is not available at the Court. (Effective 1/1/19) 1.13 REMOTE ACCESS TO COURT PROCEEDINGS (Effective 6/15/20, as amended 1/1/23) A. Scope of Rule: To the extent permitted by available technology and resource limitations, this Rule applies generally to non-confidential Court proceedings that would otherwise be open to the public. It is not intended to apply to confidential proceedings, informal proceedings, or to matters not typically open to the public. B. Remote Access to Court Proceedings via live streaming video: At the discretion of the Court, and on a case-by-case basis, certain proceedings may be broadcast by the Court online via live streaming video or audio. Any proceedings so broadcast will be identified on the Court’s website with a link to the live stream site. C. Prohibition on recording or broadcasting: No member of the public or the media shall have the right to record, broadcast, or rebroadcast any audio, video, or live stream of a Court proceeding under this Rule without advanced written permission. Requests to record, broadcast, or rebroadcast any audio, video, or live stream must be made in conformance with Rule 1.150 of the California Rules of Court, and must be filed with the Court no later than five (5) Court days in advance of the proceeding in question. D. Violations: Any violation of this Rule, or of Rule 1.150 of the California Rules of Court, is an unlawful interference with the Court proceedings and may be the basis for immediate exclusion, future access prohibition, a citation for contempt of Court, or an order imposing monetary or other sanctions as provided by law. (Effective 6/15/20, as amended 1/1/23)
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1.14 JURY SELECTION – HARDSHIPS (Effective 7/10/20, as amended 1/1/23, as amended 7/1/25) A. Scope of Rule: This Rule applies to all Jurors summoned to appear at either the Butte County Courthouse in Oroville or the North Butte County Courthouse in Chico and shall remain in effect until repealed or modified by the Court. B. All prospective Jurors shall be provided the Hardship Request form in the Jury Assembly Room(s) when they appear for service. C. Written Requests for Hardships will only be considered if signed under penalty of perjury, preferably on the Form provided to the Juror by the Jury Commissioner. D. In general, Written Requests for Hardships may be granted by the Jury Commissioner if the requirements for Hardship excusal under California Rules of Court, Rule 2.1008 are met. Hardship requests requiring a qualitative assessment (e.g. Financial Hardship) may be made by the Jury Commissioner only if they meet the guidelines established by the Court. Other qualitative requests shall be referred to a Judicial Officer for review. E. Prior to denying any written Hardship Request, the Jury Commissioner shall obtain secondary review by a Judicial Officer. F. Written Requests for Hardship must be submitted to the Jury Commissioner via the Juror portal by visiting https://jury.butteCourt.ca.gov/login, by mail, or in person by submitting a written statement under penalty of perjury at least five (5) Court days prior to the Juror’s scheduled Service Date in order to allow sufficient time for review and response. All Requests received less than five (5) Court days prior to the Service date shall be addressed when the Juror appears for service. G. Written Requests for Hardship, whether granted or denied, shall be kept in the Jury Commissioner’s files for the statutory time periods required for all other Juror records. (Effective 7/10/20, as amended 1/1/23, as amended 7/1/25)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 2 LAW AND MOTION (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 7/1/10, as amended 7/1/12, as amended 7/1/13, as amended 7/1/16, as amended 1/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/25) 2.1 APPLICABILITY (Effective 7/1/89, as amended 7/1/02) A. This Rule 2 applies to all civil law and motion proceedings. (Effective 7/1/89, as amended 7/1/02) 2.2 PAPERS PRESENTED FOR FILING (Effective 7/1/89, as amended 1-1-03, as amended 7/1/04, as amended 1/1/07) A. All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court, Rules 2.100, 3.1110 through 3.1115, and Butte County Superior Court Local Rules, Rule 13. 1. JUDGMENT. Each judgment or order submitted to the Court shall be self- contained; that is, it may not incorporate by reference any instrument or document that is not made a physical part of the judgment or order itself. 2. The moving party on any motion, petition, or demurrer is to provide a form of order, ruling, or judgment consistent with the relief requested in the moving papers. (Effective 7/1/89, as amended 1-1-0, as amended 7/1/04, as amended 1/1/07) 2.3 JUDICIAL NOTICE (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 7/1/16) A. Any request for judicial notice shall be made in a separately captioned document, listing the specific items of which notice is requested. Copies of those items shall be attached to the request as exhibits and shall be indexed and paginated. When judicial notice of a Butte County Court file is requested, the request shall be filed with the Clerk of the Court no less than seven (7) Court days before the hearing. The request shall contain the title, case number and jurisdiction of the requested Butte County Court file. Where the file sought to be noticed is that of an action outside of Butte County, certified copies of the file's contents will be acceptable in lieu of the original file. The certified copies shall be filed with the Court no less than seven (7) Court days before the hearing. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 7/1/16) 2.4 RESERVED (Effective 1/1/19) 2.5 RESERVED (Effective 1/1/19) 2.6 REPORTING OF PROCEEDINGS (Effective 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 1/1/19, as amended 1/1/26) A. Pursuant to California Rules of Court, Rule 3.1310, notice is hereby given that the Court does not regularly provide for reporting or electronic recording of hearings on motions. Reporters are provided in these matters only by written request in accordance with Butte County Superior Court Local Rules, Rule 1.8(c). Parties may, in the alternative, provide a Reporter that they have privately retained. B. To obtain a transcript, parties shall submit a Transcript Request Form, found in the miscellaneous forms section of the Court’s public website. The form may be submitted via email to the email address on the form, or by mail to: Butte County Superior Court Attn: Support Services Division 1 Court Street Oroville, CA 95965
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(Effective 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 1/1/19, as amended 1/1/26)
2.7 RESERVED (Effective 7/1/89, as amended 7/1/03, as amended 1/1/18) 2.8 CONTINUANCE (Civil Law & Motion Only) (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 1/1/19) A. REQUEST TO CONTINUE. Requests to continue law and motion matters may be made by filing a Stipulation and Order to Continue by the close of business the third Court day before the hearing date. Such continuances will only be granted where there is an agreement between the parties and authorization by the moving party. Any request not accompanied by the appropriate fee will be rejected. After the close of business the third Court day before the hearing date, no matter will be continued (whether by stipulation or otherwise) without
written Order of the Court, and for good cause shown. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/12, as amended 1/1/19)
2.9 TENTATIVE RULINGS (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/25) A. The Court follows the tentative ruling procedure set forth in California Rules of Court, Rule 3.1308(a)(1): tentative rulings on law and motion matters will be available on the Court’s website at www.butteCourt.ca.gov by 3:00 p.m. on the Court day preceding the hearing. (Effective 7/1/89, as amended 7/1/03, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/25) 2.10 APPLICATION FOR ORDER SHORTENING TIME AND EX PARTE ORDERS (Effective 7/1/89, as amended 1/1/00, as amended 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 7/1/13) A. All ex parte applications shall comply with California Rules of Court, Rules 3.1200-3.1207. Ex parte matters are considered at 4:00 p.m. on Monday-Thursday and 1:30 p.m. on Fridays, and any day before a holiday wherein the Court is closed. The moving papers must show that notification has been provided as required by California Rules of Court, Rules 3.1200- 3.1207. Counsel may appear in person or by phone, or may submit on the papers as allowed in California Rules of Court, Rule 3.1207. The requesting party must show that exigent circumstances will result unless the matter is heard ex parte. B. An ex parte declaration shall contain the information as set forth in Declaration Re: Notice of Ex Parte Application for Orders and/or Orders Shortening Time (form LM.010). Such declaration shall be filed and served with the moving papers. C. Notice must be provided to opposing parties by 10:00 a.m. the day before the requested hearing date. All papers must be filed with the Court by 10:00 a.m. on the day of the hearing. All papers must be served on opposing parties at the earliest possible time. Non-compliance with this Rule may result in either a denial of the requested relief or placing the matter on a law and motion calendar (with or without an order shortening time) in the Court’s discretion. (Effective 7/1/89, as amended 1/1/00, as amended 7/1/04, as amended 1/1/07, as amended 7/1/12, as amended 7/1/13) 2.11 RESERVED (Effective 7/1/89, as amended 1/1/00) 2.12 DEFAULT HEARINGS (Effective 7/1/89, as amended 7/1/02, as amended 1/1/26) A. Default prove up hearings are held on the assigned Judge’s court trial calendar. A party can obtain information regarding the assigned Judge’s court trial calendar by calling the Civil Division of the Clerk’s Office. A hearing may be set by filing a request which includes an
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available court trial date and time in the caption at least fourteen (14) court days prior to the hearing. These matters ordinarily are heard on declarations rather than by oral testimony, although witnesses may need to be present in case questions arise. Declarations and any other supporting evidence, and any argument, should be submitted to the Court at least ten (10) court days prior to the hearing. (Effective 7/1/89, as amended 7/1/02, as amended 1/1/26) 2.13 MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04) A. FORM OF MOTION. All motions for summary judgment or summary adjudication must conform to the requirements of Code of Civil Procedure §437c. These requirements will be strictly enforced by the Court. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04) 2.14 DISCOVERY DISPUTES (Effective 7/1/89, as amended 1/1/00, as amended 7/1/19, as amended 7/1/25) A. SPECIAL REFEREES. It is the policy of the Court to consider the appointment of special referees pursuant to Code of Civil Procedure §639 as necessary to assist in the resolution of discovery disputes. B. In the event that the hearing judge appoints a special referee, the moving party shall prepare an order containing the following: 1. A provision granting the referee power to set the date, time, and place for all hearings determined by the referee to be necessary; to direct the issuance of subpoenas; to preside over hearings; to take evidence; and to Rule on objections, motions, and other requests made during the course of the hearings, all with the same power as if the Court were to preside thereat (except for the power of contempt which is specifically reserved to the Court). 2. A provision requiring the referee to submit a written report to the parties and to the Court within twenty (20) calendar days after the completion of the hearing, containing a proposed order and proposed sanctions if deemed appropriate. 3. A provision that objections to the report shall be filed with the Court no later than ten (10) calendar days after the date of mailing the report to counsel, which objections shall notice a hearing; copies of the objections and responses thereto shall be served upon the special referee. 4. A provision setting forth the hourly fee to be paid to the referee and stating that the fees for the referee and Certified Shorthand Reporter shall be paid equally by the parties within ten (10) calendar days of billing. 5. A provision that directs the special referee to recommend that one or more of the parties pay more than an equal share of the fees. 6. A provision that the Court reserve jurisdiction to make such other and further orders with respect to the special referee as may be just and proper. C. PRETRIAL DISCOVERY CONFERENCE. Should any party wish to voluntarily avail themselves of the procedure, or in the event that the Court orders the parties to comply with an informal Pretrial Discovery Conference then, except for motions to compel the deposition of a duly noticed party or subpoenaed person(s) who have not timely served an objection pursuant to Code of Civil Procedure §2025.410 or otherwise obtained the consent of all interested parties agreeing to the non-appearance of the party or person(s) at the deposition as noticed or subpoenaed, and motions to compel initial responses to interrogatories,
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requests for production and requests for admission; no motion under sections 2016.01 through 2036.050, inclusive, of the code of Civil Procedure shall be heard in a civil unlimited case unless the moving party has first requested an informal Pretrial Discovery Conference with the Court.
1. Any Request for a Pretrial Discovery Conference must be filed with the Clerk’s
Office on the approved form LM.020, must include a brief summary of the dispute,
and must be served on opposing counsel on or before the date it is filed with the
Court. A proposed order LM.040 must also be submitted. Any Opposition to a
Request for a Pretrial Discovery Conference must also be filed on an approved form
LM.030, must include a brief summary of why the requested discovery should be
denied, must be filed within five (5) Court days of service of the Request for a
Pretrial Discovery Conference, extended five (5) calendar days for service by mail,
and must be served on opposing counsel.
2. Excepting a privilege log, if required pursuant to subsection (c), below, no other
pleadings, including but not limited to exhibits, declarations, or attachments, will
be accepted.
3. If the party opponent has any opposition to the dispute as stated in the request
described in paragraph no. 1 above, a written opposition on the approved form shall
be timely filed. The parties will be provided with an Order indicating whether the
request has been granted or denied and, if granted, the date and time of the Pretrial
Discovery Conference. If the Court has not issued an order within fifteen (15) Court
days after the due date of any opposition, then the Request for a Pretrial Discovery
Conference shall be deemed denied.
4. Filing a Request for a Pretrial Discovery Conference tolls the time for filing a
motion to compel discovery on the disputed issues for the number of days between
the filing of the request and issuance by the Court of a subsequent order pertaining
to the discovery dispute. The Court’s order will specify the number of days the time
for filing a motion is tolled. On the condition that the request is filed within the
forty-five (45) day jurisdictional limit of the California Discovery Act, if the Court
has not issued an order within fifteen (15) Court days after the due date of any
opposition, then the number of days the time for filing a motion shall be tolled for
a period of fifteen (15) Court days if the Request for a Pretrial Discovery
Conference was served personally and twenty (20) Court days if the Request for a
Pretrial Discovery Conference was served by mail.
D. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log must include an identification of all sending and receiving entities, as well as details of the information sufficient to apprise the opposing party of the basis for the privilege. (Effective 7/1/89, as amended 1/1/00, as amended 7/1/19, as amended 7/1/25) 2.15 RESERVED (Effective 7/1/89, as amended 1/1/00) 2.16 COMPROMISE OF MINOR’S OR INCOMPETENT’S CLAIM (Effective 7/1/89, as amended 7/1/02, as amended 7/1/04, as amended 7/1/10)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
A. Pursuant to California Rules of Court, Rule 7.950, a petition for Court approval of a
compromise or covenant not to sue pursuant to Code of Civil Procedure §372 or Probate
Code §§2504 or 3500 shall be on the form prescribed by the Judicial Council.
B. An expedited petition for Court approval of a compromise or covenant not to sue pursuant
to Code of Civil Procedure §372 or Probate Code §§2504 or 3500 shall be determined and
authorized by the Court pursuant to California Rules of Court, Rule 7.950.5. A party
requiring a hearing under California Rules of Court, Rule 7.950.5(c) may contact the clerk
at (530) 532-7017 for a hearing date and time.
C. A petition for withdrawal of money deposited in a bank, trust company or savings and loan
association on behalf of a minor or incompetent person shall be verified by the guardian,
conservator or trustee and, in the case of a competent minor, by such minor if [s]he is at
least twelve (12) years of age. An attorney's services relating to such petition are usually
included in any fees awarded to the petitioner's attorney at the settlement of the action and,
except as otherwise ordered by the Court for good cause shown, no attorney fees shall be
charged by such attorney or approved by the Court for such services. (Effective 7/1/89, as
amended 7/1/02, as amended 7/1/04, as amended 7/1/10)
D.
2.17 ATTORNEY FEES IN CASES INVOLVING MINORS OR INCOMPETENT PERSONS (Effective 7/1/89, as amended 7/1/02, as amended 7/1/10) A. FEES. In cases compromised under Code of Civil Procedure §372 or Probate Code §3500, the Court shall approve and allow attorney fees as prescribed in California Rules of Court,
Rule 7.955 — B. COURT APPROVAL OF EMPLOYMENT CONTRACT--cf. Probate §2644. Except for¶
B. COURT APPROVAL OF EMPLOYMENT CONTRACT--cf. Probate §2644. Except for good cause shown, no contract of employment providing for attorney fees shall be approved by the Court in advance. Under no circumstances shall the contract be considered for approval in advance without the client's appearance on the application for Court approval. (Effective 7/1/89, as amended 7/1/02, as amended 7/1/10) 2.18 POLICY RE: APPOINTMENT OF GUARDIAN AD LITEM FOR MINORS AND INCOMPETENT PERSONS (Effective 7/1/13) A. It is the policy of the Court to deny appointment of a guardian ad litem for a minor or incompetent person where the proposed guardian has in any manner been involved in the action or proceeding and where that involvement has or may have resulted to injuries or damages to the minor or incompetent person. The Court will base its determination of this issue on a case by case basis and shall inquire as to the status and relationship of the proposed guardian and the minor or incompetent person in all cases. B. In each case where an ex parte petition to appoint a guardian ad litem is filed, the petitioning party shall attach a statement of non-involvement to the petition. (Effective 7/1/13)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 3 ADMINISTRATION OF CIVIL LITIGATION (Effective 7/1/92, Title Amended 1/1/99, as amended 7/1/02, as amended 7/1/04, as amended 1/1/07, as amended 1/1/08, as amended 7/1/08, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16, as amended 1/1/19, as amended 7/1/20) 3.1 EFFECTIVE DATE (Effective 7/1/92 as amended 7/1/02) A. This Rule applies to all general civil cases filed in the Superior Court after July 1, 1992, and such other cases assigned to the Trial Court Delay Reduction Program ("Program") by the presiding judge. Juvenile, Probate, Civil Harassment and Domestic Relation cases (including all cases filed by the BUTTE COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES under the Welfare & Institutions Code), Extraordinary Writs, Unlawful Detainer, Small Claims and Asset Forfeiture cases under Health and Safety Code §11470 et. seq. are not included. (Effective 7/1/92 as amended 7/1/02) 3.2 DEFINITIONS (Effective 7/1/92) A. As used in Rule 3: 1. The term "counsel" includes parties representing themselves; 2. The term "plaintiff[s]" also includes cross-complainant[s]; 3. The term "defendant[s]" also includes cross-defendant[s]. (Effective 7/1/92) 3.3 RESERVED (Effective 7/1/92, as amended 1/1/99) 3.4 TRANSFERRED CASES (Effective 7/1/92) A. Unless excluded under Butte County Superior Court Local Rules, Rule 3.1, all cases transferred from another jurisdiction are subject to this Rule. (Effective 7/1/92) 3.5 POLICY (Effective 7/1/92, as amended 7/1/02) A. It is the policy of the Butte County Superior Court, 1. to manage all cases from the moment the complaint is filed; 2. to conclude 90% of all civil litigation cases filed within twelve (12) months of the filing of the complaint; 3. to conclude 98% of all civil litigation cases within eighteen (18) months of the filing of the complaint and 100% within twenty-four (24) months; 4. that once any date has been set, it cannot be changed without a showing of good cause. (Effective 7/1/92, as amended 7/1/02) 3.6 RESERVED (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04) 3.7 SERVICE OF INITIAL PLEADINGS, AMENDMENTS AND RESPONSIVE PLEADINGS (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) A. Pursuant to California Rules of Court, Rule 3.110, the complaint, cross-complaint, any amended complaints and responsive pleadings must be served and a proof of service filed with the Court. B. Upon failure to serve the complaint, cross-complaint, any amended complaints and responsive pleadings and file a proof of service as required above, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with this Rule.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Responsive papers to the Order to Show Cause must be filed and served five (5) calendar days in advance of the hearing. C. In regards to uninsured motorists cases: 1. Promptly upon learning that an action is to proceed as an uninsured motorist case, counsel for plaintiff[s] shall file a request setting forth the information upon which such a determination has been made. The request shall include: a statement that coverage exists under an uninsured motorist's insurance policy, the name of the carrier, and limits of coverage. It shall also include a statement that counsel believes that the limits of coverage are adequate to compensate for known loss or damage; that plaintiff[s] will promptly pursue such remedy and that it is counsel's present intention to assign the claim or dismiss the pending action upon receipt of a recovery by settlement or award; 2. The request shall be captioned "Request for Temporary Exemption - Uninsured Motorist Case"; and contain a form of order. 3. Upon review of the request, the Court may designate the action as an uninsured motorist case in which event the time requirements under this Rule will be suspended for up to 180 days from the date the complaint was filed or from such other date the Court, in its discretion, shall fix. The case will be monitored by the setting of a review hearing at the end of the suspension period. If a dismissal has not been filed, counsel for plaintiff[s] must file a further declaration ten (10) Court days prior to the review hearing date, provide a status report, and, if necessary, a request with supporting justification for additional time to conclude the case. (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) 3.8 CASE MANAGEMENT PLAN (Effective date 7/1/2002, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/08) A. Pursuant to California Rules of Court, Rule 3.714(b) each case shall be evaluated and assigned to one of the following plans: 1. Plan 1 – Disposition within 12 months from the date of filing 2. Plan 2 – Disposition within 18 months from the date of filing 3. Plan 3 – Disposition within 24 months from the date of filing 4. Plan 4 – Disposition within 9 months from the date of filing B. The Court presumes that an unlimited case is subject to a disposition goal of Plan 1 unless exempted by good cause shown. C. The Court presumes that a limited case is subject to a disposition goal of Plan 4 unless exempted by either qualification pursuant to California Rules of Court, Rule 3.740 or good cause shown. Limited cases that have not been adjudicated or have filed a conditional settlement by the time of the Case Management Conference (within 120 days from initial filing of the complaint) shall be ready to set for trial. The Court may set qualified California Rules of Court, Rule 3.740 cases for a status conference at least 195 days from date of filing of the complaint to determine status of service. D. [EXCEPTION ORDER] The Court may in the interest of justice exempt a case from the disposition goals if it finds the case involves exceptional circumstances that will prevent
LOCAL RULE 3 – ADMINISTRATION OF CIVIL LITIGATION
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the Court and the parties from meeting the goals and deadlines imposed by the program. In making this determination, the Court is guided by California Rules of Court, Rules 3.715 and 3.400. 1. In the event the Court exempts a case, the Court shall designate a case management plan with a maximum disposition goal of 3 years (36 months) from the date of filing pursuant to California Rules of Court, Rule 3.714. (Effective date 7/1/2002, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/08) 3.9 CASE MANAGEMENT CONFERENCE (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16) A. FILING OF COMPLAINT 1. Upon filing a complaint, the Plaintiff[s] shall receive the following from the Clerk, unless the forms are available on the Court’s website: a. Notice of Assignment and Case Management Conference. (The Case Management Conference will be set within 180 days of the filing date of the original complaint for all cases except for limited general civil. Limited general civil (Plan 4) cases will be set for a Case Management Conference within 120 days of filing of the initial complaint); b. A blank Case Management Statement [Judicial Council Form CM-110]; (available upon request from the Clerk’s Office or on the Court’s website at www.butteCourt.ca.gov); and c. An Alternative Dispute Resolution Package (available upon request from the Clerk’s Office or on the Court’s website at www.butteCourt.ca.gov). 2. Any cross-complaint naming new parties shall also be served with a blank Case Management Statement, Notice of Assignment and Case Management Conference, and an Alternative Dispute Resolution Package. 3. If a case is transferred from another jurisdiction after a responsive pleading has been filed, the Case Management Conference will be set within forty-five (45) calendar days from the date of receipt. If no responsive pleading has been filed, the Case Management Conference will be set within ninety (90) days from the date of receipt. In all other particulars, the plaintiff in a transfer case will receive the same information and items as described in Butte County Superior Court Local Rules, Rule 3.9(a)1. a. NOTICE. At the time of serving the summons and complaint (and a cross- complaint upon a new party), the responding party shall be served with the Notice of Assignment, and Case Management Conference a blank Case Management Statement by the plaintiff (or cross-complainant) and an Alternative Dispute Resolution Package. Plaintiff/cross-complainant shall provide proof of service and file with the Court. b. CASE MANAGEMENT STATEMENT. Each appearing party shall file and serve the completed Case Management Statement no later than fifteen (15) calendar days before the Case Management Conference. Subsequent Case Management Statements may be required at the discretion of the Court for further evaluation. Additional Case Management Statements
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shall be required for further evaluation of the case at all subsequent Case Management Conferences if not excused by the Court. c. CASE MANAGEMENT CONFERENCE. Counsel for each appearing party shall attend the Case Management Conference, or shall have other counsel appear on his/her behalf or may appear telephonically. Counsel or counsel appearing for counsel of record, shall be prepared to discuss all matters enumerated in 3.9(d)1.A. - 1.H. Counsel or counsel appearing on behalf of counsel of record, shall be subject to sanctions if not fully prepared to address items 3.9(d)1.A - 1.H. on behalf of the party for whom they are appearing. d. At the Case Management Conference, the Court shall make all appropriate pretrial orders pursuant to California Rules of Court, Rules 3.720-3.730 including, but not limited to: 1) CASE EVALUATION: All civil cases subject to this Rule shall be evaluated and designated by the Court pursuant to Butte County Superior Court Local Rules, Rule 3.8. The assigned judge will decide which case plan is appropriate based on the Case Management Statements. The assigned judge may redesignate any case at any time after a hearing set for that purpose. 2) DISMISS DEFENDANTS, WITH THE EXCEPTION OF DOE DEFENDANTS. Orders dismissing defendants, fictitious cross- defendants, served and unserved defendants and cross-defendants who have not appeared and against who no default has been taken, unless the Court for good cause otherwise orders and sets dates by which they shall be served. 3) ALTERNATIVE DISPUTE RESOLUTION. The Court may make Orders on stipulation to binding arbitration, judicial arbitration, and set the date for completion of the arbitration and filing of the award. a) The Court shall examine and consider Alternative Dispute Resolution programs or procedures available to the parties, including conciliation and mediation, and shall require the parties to attempt such alternative means of resolving the dispute whenever feasible and whenever doing so may expedite the resolution of the dispute. b) Pursuant to Butte County Superior Court Local Rules, Rule 6, Code of Civil Procedure §1775 et.seq. and California Rules of Court, Rules 3.891 through 3.892, the Court shall determine the case's amenability to Court ordered mediation. 4) TRANSFER. Orders transferring an unlimited case to a limited case on stipulation or on the Court's determination that it is reasonably probable that the amount in controversy will not exceed $25,000.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
- BIFURCATION, SEVERANCE, CONSOLIDATION. Orders consolidating (for all or limited purposes), bifurcating, or severing issues or causes of action. 6) DISCOVERY AND LAW AND MOTION. Orders scheduling dates by which discovery and law and motion matters must be completed. 7) FURTHER CASE MANAGEMENT CONFERENCE. At the Case Management Conference, the Judge may order a further Conference wherein all counsel of record are required to personally attend. 8) TRIAL DATE, TRIAL READINESS CONFERENCE DATE. At the Case Management Conference, the Court will ordinarily set the matter for Trial and set a Trial Readiness Conference. Counsel appearing should be prepared with trial counsel's available dates for the next two (2) years. e. Failure to file cross-complaints shall not be considered a valid ground for enlarging the time for trial, arbitration or other processes. Untimely cross- complaints shall, in most cases, be severed so as not to delay the orderly processes of the Court. (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12, as amended 1/1/16)
3.10 SETTLEMENT CONFERENCES (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07, as amended 7/1/08, as amended 7/1/10, as amended 1/1/26) A. This Court adopts the policy that good faith efforts to settle civil proceedings are an essential part of the judicial process, and that good faith efforts to settle shall be made in conformity with California Rules of Court, Rule 3.1380. B. AUTHORITY TO SETTLE. 1. Each person required to attend the settlement conference, must have full authority to make decisions and negotiate concerning the case for which the settlement conference is scheduled. 2. The attorney[s] for all parties appearing in the action who attend the conference, must be intimately familiar with the pertinent available evidence involving both liability and damages. The attorney[s] assigned to try the case shall be present at the settlement conference, unless good cause for his or her absence is shown. 3. All counsel shall ascertain whether there are claims or liens which may affect a settlement, and if so, request in writing the claimants or lienholders, or their representatives, to attend the settlement conference. A copy of such written request shall be mailed to the Court. C. SETTLEMENT CONFERENCE STATEMENTS AND SUPPORTING DOCUMENTS. 1. Not less than five (5) Court days prior to the scheduled settlement conference, each party shall file and serve the Settlement Conference Statement. 2. The Settlement Conference Statement shall be in writing and shall describe the case and all relevant legal issues, factual issues, and contentions. The statement
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and supporting material must be sufficiently detailed to enable the settlement conference judge or the pro tem judges to conduct a meaningful settlement conference. 3. Parties may use local Court form entitled Settlement Conference Statement (form DR.040). 4. The attorney[s] for each party or each party representing themselves claiming damages in a personal injury action shall bring to the conference all reports and records of any and all examining doctors, shall include in the settlement conference statement a list of all special damages claimed, and shall supply corroborating evidence, to be available for examination by the settlement conference judge. 5. In a personal injury action, the special damages for each plaintiff should be up-to- date, listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any. 6. Opposing counsel shall bring with them copies of all reports and records of all examining doctors employed by them or their insurance carrier[s], if any, who examined plaintiff[s], to be available for consideration by the settlement conference judge. 7. All counsel shall organize in advance and bring to the conference such medical reports and records and any depositions (with relevant pages premarked), photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all other documents pertinent to settlement of the case for examination by the settlement conference judge. D. POWERS OF THE COURT AT SETTLEMENT CONFERENCES. 1. The settlement conference judge may accept for filing the written stipulations by the parties, but shall not, except for good cause shown, change the date set for trial or hear and Rule on law and motion matters. 2. In all conferences resulting in settlement of a case, the terms thereof may be placed upon the record with a reporter present or, if one is not available, by minute order. 3. Requests for continuance of the date of the initial settlement conference shall be addressed to the Court. However, the settlement conference judge or those conducting the settlement conference may, at the conclusion of the conference, continue it to any other convenient date or time prior to the date set for trial. E. EXCUSES FROM ATTENDANCE; TELEPHONE AVAILABILITY. 1. Any application to the Court to excuse attendance of any person whose attendance is required by California Rules of Court, Rule 3.1380 shall be made to the assigned judge not less than five (5) calendar days before the date set for the settlement conference. 2. Any person whose presence at a settlement conference is required by California Rules of Court, Rule 3.1380 may be excused by order of the Court for good cause shown but, if so excused, shall be and remain immediately available for telephone communication with counsel and the Court at the time set for and throughout the settlement conference. F. NOTICE TO COURT UPON SETTLEMENT.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Should any case set for a settlement conference settle or otherwise terminate before
the date of any conference, hearing, or trial, the attorneys for the parties shall
immediately notify the clerk pursuant to California Rules of Court, Rule 3.1385.
2. Upon the settlement of a case at any time following the settlement conference and
before the trial date, each party seeking any affirmative relief in the action shall
immediately notify the Clerk, particularly if a further settlement conference is
calendared.
G. MANDATORY MEET AND CONFER
1. Representatives of each party, with full authority to settle, shall meet in person or
confer by telephone no less than ten (10) calendar days before the settlement
conference in a good faith attempt to settle the case.
2. A good faith offer and a good faith demand shall be exchanged. Failure to make a
good faith attempt to settle will result in the Court considering sanctions. (Effective
7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07, as amended 7/1/08, as amended
7/1/10, as amended 1/1/26)
3.11 LATE PAPERS (Effective 1/1/19, as amended 7/1/20) A. No paper shall be rejected for filing on the ground that it was submitted for filing after the time set forth in these Rules. Late filed papers shall be filed by the Clerk and shall be marked conspicuously as "Late Filed Document." B. The Court may, in its discretion, refuse to consider late filed papers or may impose sanction, including monetary sanctions. Where opposition papers are late or entirely omitted, no oral argument by the opposing party will be allowed unless the Court otherwise directs. Relief from the operation of this Rule must be sought from the Court by ex parte application or noticed motion and will be granted only upon a showing of good cause. Such relief may also be conditioned upon payment of sanctions for noncompliance. (Effective 1/1/19, as amended 7/1/20) 3.12 SANCTIONS (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07) A. If the Court finds that any party has not proceeded with due diligence or has otherwise failed to comply with Butte County Superior Court Local Rules and California Rules of Court, Rules 2.100-2.30, the following sanctions may be imposed: 1. Strike all or any part of the pleadings of the party violating the Rules; 2. Dismiss the action or enter judgment by default against such party; 3. Impose other penalties of a lesser nature as otherwise provided by law; or 4. Order that party or his or her counsel to pay to the moving party reasonable expenses, including attorney fees, incurred in seeking enforcement of the Rules. [Code of Civil Procedure § 575.2(a)] (Effective 7/1/92, as amended 7/1/02, renumbered 1/1/04, as amended 1/1/07)
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LOCAL RULE 4 ADMINISTRATION OF UNLAWFUL DETAINERS (Effective 7/1/97, Title Amended 7/1/02, as amended 1/1/06, as amended 1/1/07, as amended 7/1/12) 4.1 EFFECTIVE DATE (Effective 7/1/97, as amended 7/1/02) A. This Rule applies to all unlawful detainer cases filed after July 1, 1997, and such other cases assigned to the Trial Court Delay Reduction Program by the presiding judge. Small claims cases are not included. (Effective 7/1/97, as amended 7/1/02) 4.2 DEFINITIONS (Effective 7/1/97) A. As used in Rule 4: 1. The term “counsel” includes parties representing themselves. 2. The term “plaintiff(s)” also includes cross-complainant(s). 3. The term “defendant(s)” also includes cross-defendant(s). 4. “Conditional Settlement” means a binding settlement agreement filed with the Court which will result in a dismissal on the satisfactory completion of specific terms or result in a judgment without further hearing upon the filing of a declaration establishing defendant’s default. 5. “Stipulation for Entry of Judgment” means that an agreement has been made between the parties on opposite sides of a lawsuit and that if a party fails to comply with the terms of the agreement, judgment will be entered pursuant to said stipulation. If the parties comply with the terms of the agreement, the case will be dismissed. 6. “Stipulated Judgment” means an agreement has been reached between the parties or their attorneys that a judgment be entered with the understanding that certain terms and conditions will be performed by the parties involved in the suit. (Effective 7/1/97) 4.3 TRANSFERRED CASES (Effective 7/1/97) A. All cases transferred from another jurisdiction are subject to this Rule. (Effective 7/1/97) 4.4 POLICY (Effective 7/1/97, as amended 7/1/02) A. It is the policy of the Court, 1. To manage all cases from the moment the complaint is filed; 2. To conclude 90% of all unlawful detainer litigation cases filed within thirty (30) days of filing of the complaint and 100% within forty-five (45) days; 3. That once any date has been set, it cannot be changed without a showing of good cause; 4. To monitor all cases on the Court’s calendar until judgment is entered or a dismissal filed; 5. That at the time of adjudication of the case, by dismissal or entry of judgment, all remaining parties, including DOES, will be dismissed by the Court. (Effective 7/1/97, as amended 7/1/02) 4.5 EXCEPTION ORDERS (Effective date 7/1/97)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
A. Nothing in this Rule shall be interpreted to prevent the Court in an individual case, on written motion of any party or the Court’s own motion, from issuing an Exception Order based on a specific finding that the interests of justice require a modification of the routine processes as prescribed by this Rule. (Effective date 7/1/97) 4.6 FILING OF COMPLAINT (Effective date 7/1/97, as amended 7/1/02, as amended 1/1/06) A. At the time of filing of the complaint the plaintiff will be notified that an OSC re: Dismissal will be issued in 45 days if the case has not been adjudicated or a Request to Set Case for Trial – Unlawful Detainer (Judicial Council of California Form UD-150) or conditional settlement has not been filed. (Effective date 7/1/97, as amended 7/1/02, as amended 1/1/06) 4.7 SERVICE OF SUMMONS (Effective date 7/1/97, as amended 7/1/02) A. Any proposal for an order for service by publication, or posting, presented to the Court shall contain the date by which such service will be completed. (Effective date 7/1/97, as amended 7/1/02) 4.8 REQUEST TO SET CASE FOR TRIAL (Effective date 7/1/97, as amended 7/1/02, as amended 1/1/06) A. A Request to Set Case for Trial – Unlawful Detainer (Judicial Council of California Form UD-150) shall be filed within 45 days of the filing of the complaint. B. If a Request to Set Case for Trial – Unlawful Detainer is not filed within the time specified in Butte County Superior Court Local Rules, Rule 4.8(a), an Order to Show Cause shall issue. (Effective date 7/1/97, as amended 7/1/02, as amended 1/1/06) 4.9 SETTING OF CASES FOR TRIAL (Effective date 7/1/97, as amended 7/1/02) A. Trial dates will be assigned under the direction of the Supervising Judge of the Civil Division or designee. (Effective date 7/1/97, as amended 7/1/02) 4.10 DEMAND FOR JURY TRIAL (Effective 7/1/97, as amended 7/1/02, as amended 1/1/06, as amended 7/1/12) A. A party desiring a jury trial shall, after issue is joined, make demand at the time of filing the Request to Set Case for Trial – Unlawful Detainer, or by written demand within five (5) days after service of such request by any other party. B. Jury fees must be deposited with the Clerk’s Office at least five (5) calendar days prior to the date of trial. The amount of the jury fee deposit can be found on the Court’s website at www.butteCourt.ca.gov. (Effective 7/1/97, as amended 7/1/02, as amended 1/1/06, as amended 7/1/12) 4.11 RESERVED (Effective 7/1/97, as amended 1/1/00) 4.12 DUTY OF COUNSEL (Effective 7/1/97, as amended 7/1/02, as amended 1/1/07) A. In estimating the time for the trial of an action, it shall be the duty of the attorney to estimate said time as accurately as possible. B. Pursuant to California Rules of Court, Rule 3.1385, whenever a case set for trial has been settled, the attorneys or parties shall immediately notify the Court thereof. Failure to do so will be deemed an interference with the proceedings of the Court and may result in defaulting counsel being ordered to show cause why counsel should not be held in contempt of Court, or other sanctions imposed.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
C. Plaintiff shall file a dismissal, stipulated judgment or conditional settlement with the Court
pursuant to California Rules of Court, Rule 3.1385. Failure to do so shall result in
dismissal, unless good cause is shown. (Effective 7/1/97, as amended 7/1/02, as amended 1/1/07)
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LOCAL RULE 6 ALTERNATIVE DISPUTE RESOLUTION (Effective 1/1/06, as amended 1/1/07, as amended 1/1/10, as amended 7/1/10, as amended 1/1/11, as amended 7/1/12, as amended 7/1/17, as amended 7/1/25) 6.0 APPLICABLE LAW AND RULES (Effective 1/1/06, as amended 7/1/10, as amended 7/1/10, as amended 7/1/12, as amended 7/1/25) A. This Rule covers judicial arbitration and civil action mediation. Counsel should ensure compliance with all Trial Court Delay Reduction Rules. It does not apply to contractual arbitration pursuant to Code of Civil Procedure section 1280 et seq. B. Counsel and neutrals utilizing these procedures must familiarize themselves with the applicable statutes and California Rules of Court. For judicial arbitration such provisions are Code of Civil Procedure §§1141.10 to 1141.31 and California Rules of Court, Rules 3.810 through 3.830; for mediation such provisions are Code of Civil Procedure §§1775 through section 1775.15 and California Rules of Court, Rules 3.850 through 3.860. C. Refer to California Rules of Court, Rule 3.811 to determine the following actions are exempt from Arbitration: 1. Actions that include a prayer for equitable relief that is not frivolous or insubstantial. 2. Class actions. 3. Small Claims actions or trial de novo on appeal. 4. Unlawful Detainer proceedings. 5. Any action found by the Court to be not amenable to arbitration or mediation on the ground that arbitration or mediation would not reduce the probable time and expense necessary to resolve the litigation. Upon its own motion or by any party, the Court may determine whether the action is or should be exempt from arbitration or mediation. 6. In addition to those actions exempted from arbitration by Rule 3.811 and all limited civil cases in which no jury trial is demanded, cases with an estimated time for trial of less than two days, shall be excluded from mandatory arbitration or mediation. Any case, however, may be arbitrated or mediated upon written stipulation of the parties, upon written request of the plaintiff, or upon order of the Court. When no preference is expressed by litigants or there is no consensus to the selected ADR process, the Court may make a mandatory referral to mediation. 7. Pursuant to Code of Civil Procedure §1775.4, an action ordered into arbitration may not be ordered into mediation and an action that has been ordered into mediation may not be ordered into arbitration. If an action has previously been referred to the Court ADR program and an ADR hearing was scheduled, the action cannot be ordered/referred again. 8. As defined by California Rules of Court, Rule 3.735, a short cause action is exempted from ADR. (Effective 1/1/06, as amended 7/1/10, as amended 7/1/10, as amended 7/1/12) RULES APPLICABLE TO BOTH ARBITRATION AND MEDIATION 6.1 COURT FILE (Effective 1/1/06)
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A. The Court’s file shall remain in the possession of the Clerk of the Court. Parties are to provide copies of any Court pleadings or other materials to the neutral as they deem appropriate. (Effective 1/1/06) 6.2 ADR ADMINISTRATOR (Effective 1/1/06) A. Management of Superior Court judicial arbitration and mediation is conducted generally under the supervision of the ADR Administrator. (Effective 1/1/06) 6.3 ADR ORDERS AND FURTHER STATUS CONFERENCE (Effective 1/1/06) A. The Court shall determine on a case-by-case basis the suitability of a particular case for mediation or arbitration. The Court shall confer with counsel as to whether mediation or arbitration offers the better likelihood of final disposition of the case without further proceedings. Counsel are encouraged to discuss the various ADR processes with their clients and explain the confidentiality and non-binding nature of the selected ADR process. Whenever the Court orders arbitration or mediation, it will set the dates for completion of such arbitration or mediation and a further status conference following such completion dates. (Effective 1/1/06) 6.4 SELECTION OF ADR NEUTRAL (Effective 1/1/06, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12) A. When a case is referred to arbitration or mediation, counsel/parties shall proceed immediately to the ADR Administrator to complete the ADR forms prior to selecting an arbitrator or mediator from the Court’s panel. The ADR Administrator shall maintain a panel of arbitrators and a two-tiered panel of mediators. Selection of the arbitrator shall be by stipulation or in the event there is no stipulation, assigned by the ADR Administrator. Parties may use the local Court form entitled Stipulation to Participate in Alternative Dispute Resolution (ADR) (Form ADR.020). Selection of a mediator from the “party select” panel shall be by stipulation. For parties wishing to utilize the “random select” panel, a mediator shall be randomly assigned by the ADR administrator. B. The parties may exercise their right to select an arbitrator or mediator who is not on the Court’s panel (California Rules of Court, Rules 3.815, 3.893); it shall be the responsibility of plaintiff’s counsel to immediately notify the ADR Administrator that the parties will not require the services of the arbitrator or mediator previously appointed or selected from the Court’s panel. C. In limited civil cases, the ADR Administrator will randomly assign an arbitrator or mediator. D. When a case is referred to ADR without an appearance, plaintiff or plaintiff’s counsel must contact the ADR Administrator to initiate the ADR process. Upon completion of the ADR forms, selection from the Court ADR panel will be made (Effective 1/1/06, as amended 1/1/07, as amended 7/1/10, as amended 7/1/12) 6.5 ADR REPORTS (Effective 1/1/06) A. Arbitration. In arbitrated cases, the arbitrator shall file with the ADR Administrator and serve on each party the Award of Arbitration within five Court days after the arbitration hearing. B. Mediation. In mediated cases, the mediator shall file with the ADR Administrator, and serve on the parties within ten days after the completion date for the mediation set by the Court, a Statement of Agreement or Non-Agreement (Judicial Council Form ADR-100).
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C. Information Form. In both mediated and arbitrated cases, within ten (10) days after completion of the arbitration or mediation, the parties shall complete and file with the ADR Administrator an ADR Information Form (Judicial Council Form ADR-101) or follow-up survey form approved by the Judicial Council or the Butte County Superior Court. (Effective 1/1/06) 6.6 NOTICE OF SETTLEMENT (Effective 1/1/06, as amended 7/1/10) A. Pursuant to California Rules of Court, Rule 3.1385 if a case is settled, plaintiff or the plaintiff's counsel must immediately serve a copy of written notice of the settlement or other disposition on any ADR Neutral involved in the case and the ADR Administrator. The plaintiff must also immediately give oral notice to all of the above if a hearing, conference, or trial is imminent. If the plaintiff or other party seeking affirmative relief does not notify the Court-connected ADR neutral involved in the case of a settlement at least two (2) days before a scheduled hearing or session, the Court may order the parties to compensate the neutral, up to $300.00. B. An Application and Motion for Compensation must be filed by the neutral within five (5) Court days of the scheduled hearing or session. If a dismissal has been filed, the Court maintains jurisdiction to hear the Application and Motion for Compensation. (Effective 1/1/06, as amended 7/1/10) 6.7 VACANCY AND CHALLENGE OF ADR NEUTRAL (Effective 1/1/06) A. Any party may request disqualification of an arbitrator or mediator pursuant to Code of Civil Procedure section 170.1 et seq. The request shall be filed within five (5) days of the designation of the arbitrator or mediator. A copy of such challenge shall be sent to the ADR Administrator. If any arbitrator or mediator should resign, die, withdraw, be disqualified, refuse or be unable to perform the duties of an arbitrator or mediator, the parties shall within five (5) days after receiving notice of such event inform the ADR Administrator who will then return the case to the top of the ADR hearing list. The ADR Administrator shall appoint a new arbitrator or mediator within ten (10) days thereafter and inform the parties. (Effective 1/1/06) 6.8 COMPENSATION TO NEUTRAL (Effective 7/1/06, as amended 7/1/10) A. The parties may exercise their right to select an arbitrator or mediator who is not on the Court’s panel (California Rules of Court, Rules 3.815, 3.893). Compensation will be negotiated between the parties and the neutral and will be the responsibility of the parties. B. Arbitration – Neutrals will provide up to three (3) hours of arbitration hearing time per case. For any additional hours, compensation will be negotiated between the parties and neutral and will be the responsibility of the parties. The Court shall compensate the neutral up to $150 dollars upon submission of a claim form. Any claim for compensation shall be submitted within sixty (60) days of the Arbitration hearing. C. Mediation – Neutrals on the "random-select" panel will provide up to three (3) hours of mediation per case free of charge. Any preparation and case scheduling for the mediation that is necessary will be included as part of the three (3) pro bono hours. For any additional hours, compensation will be the responsibility of the parties. D. Mediators on the “party select” panel shall confer with the parties and agree on the fees and expenses for the mediation, which will be the responsibility of the parties. (Effective 7/1/06, as amended 7/1/10)
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RULES APPLICABLE TO ARBITRATION 6.9 INITIATION OF ARBITRATION (Effective 1/1/06) A. Arbitration can be initiated by Court order at any time after the filing of the complaint and before the first case management conference in any of three (3) ways: (a) Upon timely written election of the plaintiff, where the plaintiff agrees that the award per plaintiff shall not exceed $50,000; (b) Upon timely stipulation of the parties; the stipulation need not designate the upper limit of the potential award and any amount in controversy may be submitted; (c) Where the judge determines the controversy is amenable to arbitration pursuant to Code of Civil Procedure §1141.10 et seq. Except where the case is in arbitration per (a) above, the arbitrator’s award is not limited to $50,000 but may be for any amount. (Effective 1/1/06) 6.10 WITHDRAWAL FROM ARBITRATION (Effective 1/1/06) A. A case submitted to arbitration may only be withdrawn before hearing by stipulation and Court order or Court order on noticed motion heard in the department where the case is pending (Effective 1/1/06) 6.11 PRE-HEARING CONFERENCE (Effective 1/1/06) A. If the arbitrator finds it helpful to confer with the attorneys informally before the hearing begins, a pre-hearing conference should be convened. Attendees at such hearing should be prepared to discuss: (1) time estimate for hearing, (2) documentary evidence to be offered, (3) stipulations, (4) issues to be determined, and (5) depositions to be used. This conference may be conducted by telephone if deemed appropriate by the arbitrator. (Effective 1/1/06) 6.12 SETTING TIME AND PLACE OF ARBITRATION HEARING; APPEARANCES REQUIRED (Effective 1/1/06, as amended 1/1/07) A. Consistent with California Rules of Court, Rule 3.817, the Arbitrator shall set the time and place for the hearing after consultation with counsel for the parties. However, the arbitrator must ensure that the time for the hearing is set so as to allow the completion of the arbitration by the date ordered by the Court. Normally the arbitration should be held at the offices of the arbitrator. However, in appropriate circumstances the arbitrator may order that the hearing be held at the offices of one of the parties' counsel. B. Appearance by counsel, or party if not represented by counsel, is required at the arbitration session. Non-appearance of counsel or party shall subject counsel or party, after notice and an opportunity to be heard, to monetary sanctions, including, but not limited to, suitable C. compensation to the arbitrator and to the parties who did appear at the arbitration, plus attorney’s fees to make the request for sanctions. (Effective 1/1/06, as amended 1/1/07) 6.13 CONTINUANCE OF HEARING (Effective 1/1/06, as amended 1/1/07) A. The parties may stipulate to a continuance of the hearing as provided for in California Rules of Court, Rule 3.812. In no event shall the hearing be continued beyond the date ordered by the Court for completion of the arbitration except by order of the Court. (Effective 1/1/06, as amended 1/1/07) 6.14 DISMISSALS (Effective 7/1/17) A. Where a party has obtained a waiver of Court fees and/or costs, the Court shall automatically have a statutory lien on any and all settlements, compromises, arbitration awards, mediation settlements or any other type of dispute resolution where the party is to
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receive $10,000.00 or more in value. (See Government Code § 68637). The case shall not be dismissed until the party who received the Court fees and/or costs waiver satisfies the lien in full. Within 90-days of oral or written notice from the Court, the party shall satisfy the lien in full. (Effective 7/1/17) 6.15 DESIGNATION OF PARTIES AND AMOUNTS IN AWARD (Effective 1/1/06, as amended 1/1/07) A. Consistent with California Rules of Court, Rule 3.825, the arbitrator’s award must be filed within ten (10) days after the conclusion of the arbitration hearing. (Effective 1/1/06, as amended 1/1/07) 6.16 DISPOSITION OF EXHIBITS (Effective 1/1/06) A. Documents, statements, and exhibits received in evidence during the hearing should be returned after the award to the party who offered them. Many arbitrators request that the parties offer copies in evidence so that the arbitrator can discard them after the award has been made. No original exhibits should be destroyed by the arbitrator, since they may be required in the event of a trial de novo. (Effective 1/1/06) RULES APPLICABLE TO MEDIATION 6.17 APPEARANCES REQUIRED AT MEDIATION (Effective 1/1/06) A. The parties shall personally appear at the first mediation session, and at any subsequent session unless excused by the mediator. When the party is other than a natural person, it shall appear by a representative with 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 an agreement. Each party is entitled to have counsel present at all mediation sessions that concern it, and such counsel and an insurance representative of a covered party shall also be present or available at such sessions, unless excused by the mediator. (Effective 1/1/06) 6.18 STIPULATION TO MEDIATION AND MEDIATION STATEMENTS (Effective 1/1/06, as amended 7/1/10, as amended 7/1/12) A. At any time after the filing of the complaint and before the first case management conference, if all parties stipulate that the case be assigned to mediation, the case shall be assigned to mediation. Where parties stipulate in writing to mediation in advance of the case management conference upon completion of the required ADR forms, a mediator may be chosen from the "party select" panel or randomly assigned from the "random select" panel (see Butte County Superior Court Local Rules, Rule 6.4) either by personal appearance of counsel at the ADR Office, or by phone. In the alternative, the parties may use a mediator of their own selection not on the Court’s panel. B. Within fifteen (15) calendar days after selection or appointment of the mediator, the parties shall agree on a date for mediation acceptable to the mediator. Should the parties fail to do so, the mediator shall select a date for mediation in accordance with California Rule of Court, Rule 3.876 (c) and notify the parties and the ADR Program Coordinator of the selected date, subject to the mediator’s ability to change the selected date for good cause. C. Parties must prepare and give information about their case to the mediator and other parties at least five (5) Court days before the mediation hearing. Parties may use the local Court form entitled Mediation Statement (form ADR.010) or write this information on their own paper. Mediation statements must not be longer than five (5) pages and must contain the following information:
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The name and title (or relationship to the case) of all people who will attend
mediation;
2. A list of people connected with other parties who, if present at mediation, might
improve the chances of settlement;
3. A brief statement of the important issues, and the party’s views on liability and
damages;
4. A list of legal or factual issues that, if narrowed or resolved early, would promote
settlement;
5. A brief description of the history and status of any settlement negotiations; and,
6. Copies of any Court or other documents that will help the mediator understand the
issues in dispute. (Effective 1/1/06, as amended 7/1/10, as amended 7/1/12)
6.19 DISCOVERY DURING MEDIATION (Effective 1/1/06) A. During the period that a matter has been referred to mediation, the parties are urged to exercise restraint with respect to conducting discovery. In an appropriate case, a protective order pursuant to Code of Civil Procedure §2017.020 and related provisions may be issued by the Court. (Effective 1/1/06) 6.20 MEDIATORS (Effective 1/1/06, as amended 7/1/10) A. The Court will maintain a two-tiered panel of Court-approved mediators referred to as the “random select” panel and the “party select” panel. To be eligible to serve on the Court’s mediation panel, mediators are required to submit an application to the Supervising Judge of the Civil Division that shows evidence of the following: 1. All mediators on the “random select” panel shall have completed at least twenty- five (25) hours of formal mediation training by a recognized mediation training/education provider. 2. To be eligible to serve on the “party select” panel, the mediator shall have completed at least twenty-five (25) hours of formal mediation training and have participated in a minimum of fifteen (15) Court-connected mediations from any Superior Court with a minimum hearing time of two (2) hours each. Mediators who have previously met this requirement through prior service on the Court’s mediation panel will be eligible. 3. To remain eligible to serve on the “party select” panel, all mediators shall agree to mediate not less than two (2) pro bono cases per calendar year with a minimum hearing time of three (3) hours each. B. After acceptance on the "random select" or "party select" panel, all mediators must complete four (4) hours of continuing education bi-annually in an ADR course approved by a continuing education provider. C. All Court-approved mediators must agree to conform to California Rules of Court, Rules 3.850 through 3.868. D. Non-Panel Mediators may be utilized. However if the parties choose to use a non-panel mediator, the judge must authorize a non-panel mediator at the time of referral and the parties shall be responsible for the mediator's compensation. (Effective 1/1/06, as amended 7/1/10)
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6.21 FAILURE TO PARTICIPATE IN MEDIATION (Effective 1/1/06) A. If the Court finds that any party has not participated, in good faith, in Mediation or has otherwise failed to comply with this Rule, sanctions may be imposed. (Effective 1/1/06) 6.22 CIVIL MEDIATOR COMPLAINT PROCESS (Effective 1/1/10, as amended 1/1/11, as amended 7/1/25) A. Complaints concerning Court-Connected Civil Mediators shall be dealt with as follows: 1. Parties and/or attorneys desiring to file a complaint regarding the mediation process or an individual mediator may submit a written complaint to the ADR Administrator utilizing the Alternative Dispute Resolution Mediator Complaint Form. This form is available in the Clerk’s Office and will be reviewed by the Supervising Judge of the Civil Division. 2. Written complaints or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico CA 95928 3. Written acknowledgement that the Court has received the complaint will be sent to the complainant. If further action is needed, the investigation process shall be completed within ninety (90) days. If warranted, the Mediator will be given notice of the complaint and an opportunity to respond pursuant to California Rules of Court, Rule 3.869. At the conclusion of the investigation, a recommendation concerning Court action, if any, will be made by the Supervising Judge of the Civil Division or their designee, and written notice of the final action shall be sent to the complainant. (Effective 1/1/10, as amended 1/1/11, as amended 7/1/25)
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LOCAL RULE 9 CUSTODY/VISITATION MEDIATION (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 1/1/18, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 9.1 COURT’S POLICY ON CHILD CUSTODY ISSUES (Effective date 7/1/90, as amended 7/1/98) A. It is the policy of this Court to assure the minor child(ren) have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. [Family Code §3020] B. Pursuant to Family Code §3160, Family Mediation Services will be available in all child custody and visitation disputes. These services will be provided by Butte County Family Court Services and are in lieu of a Family Conciliation Court. (Effective date 7/1/90, as amended 7/1/98) 9.2 POLICY: MEDIATION (Effective 7/1/90, as amended 1/1/01, as amended 7/1/14, as amended 1/1/15, as amended 7/1/19) A. It is the policy of this Court that out-of-Court resolution of all issues in family disputes is generally preferable to contested hearings. The Rules regarding mediation and the Rules regarding meet and confer requirements and settlement conferences are to be construed in light of this policy. B. All parties to matters involving child custody or visitation shall complete the mediation process prior to any contested hearing on the issue of child custody/visitation. C. Private sector mediation may be used in lieu of the family mediation services of this Court by agreement of both parties. D. When proceedings are for post-judgment modification of child custody or visitation and where both parties no longer reside in the county, the Court may consider transferring the matter to a more appropriate venue. E. Although the Court does not mandate mediation of family issues other than those related to the child(ren), it is preferred that parties and counsel obtain the services of a private sector mediator for negotiation of all non-child custody and visitation issues which they are unable to otherwise resolve. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/14, as amended 1/1/14, as amended 1/1/15, as amended 7/1/19) 9.3 DUTIES AND OBLIGATIONS OF THE PARTIES (Effective 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) A. In all proceedings where there is a contested issue regarding the custody of or visitation with a minor child and the parties are unable to reach an agreement prior to their hearing, the Court will order the parties to attend mediation with Butte County Family Court Services or with an agreed mediation service. In the event the parties have not met with a child custody recommending counselor prior to the hearing, the Court will normally order the parties to schedule a mediation conference and continue the matter until mediation of those issues can be conducted. B. The purpose of mediation proceedings shall be to reduce any hostility which may exist between the parties and, where appropriate, to develop an agreement or make recommendation assuring the child(ren)'s close and continuing contact with both parents.
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The parties shall make a good faith effort to arrive at an agreement through the mediation process. If no agreement is reached, the mediator, in the role of a child custody recommending counselor, shall submit a written custody and visitation recommendation to the parties, attorneys, and the Court for consideration pursuant to Family Code§3183(a). The provisions of Family Code §3025.5 regarding confidentiality are applicable to the submitted report and recommendation. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) 9.4 CONDUCT OF MEDIATION (Effective 7/1/90, as amended1/1/02, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/24, as amended 7/1/25) A. The mediation session(s) with the parties shall be held in private. In all matters in which the mediator who conducted the initial mediation session is asked to testify and in which a recommendation pursuant to Family Code §3183 was submitted, privilege and confidentiality may not apply. At a contested hearing where the child recommending counselor is called to testify, the counselor may be questioned by the parties and the Court as to the basis for any statement or recommendation contained in his or her report. B. If the parties reach agreement during mediation, the mediator shall document in writing the terms of the agreement. A copy of this document shall be submitted to the attorneys and to any unrepresented party prior to the next Court hearing. C. The child custody recommending counselor shall have the authority to exclude counsel from participation in the mediation sessions where, at the discretion of the child custody recommending counselor, exclusion of counsel is deemed to be appropriate or necessary. The child custody recommending counselor shall have the duty to assess the needs and interests of the child(ren) involved in the controversy and shall be entitled to interview the child(ren) when the child custody recommending counselor deems such interview appropriate or necessary. The interview of the child(ren) shall be conducted in accordance with California Rule of Court, Rule §5.210(e)(3). The child custody recommending counselor shall summarize the interview in the mediation report. If the child(ren) have appointed counsel in the family law matter, that counsel may be present at the interview with the child(ren) at the discretion of the child custody recommending counselor. Counsel for the child(ren) must be notified of any interviews in sufficient time to allow counsel to be present at the interview, should counsel for the child(ren) chose to do so. D. Pursuant to California Rules of Court, Rule 5.215(d)(6), Family Court Services shall offer separate mediations in the event of domestic violence allegations. In all other instances, Family Court Services shall have discretion whether to meet with the parties separately. E. The Court provides mediation services remotely using Zoom as the platform. The Court is responsible for scheduling the Zoom video conference and providing connection information to involved parties. Mediation services may be conducted in person at the discretion of the Court, whenever deemed necessary. (Effective 7/1/90, as amended1/1/02, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/24, as amended 7/1/25) 9.5 CONTESTED CUSTODY CASES (Effective date 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/14, as amended 1/1/15) A. PREFERENCE. Any case in which custody or visitation remains in dispute after completion of mediation shall proceed to hearing and shall be entitled to calendar preference pursuant to Family Code §3023.
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B. TEMPORARY CHILD CUSTODY 1. Prior to the hearing on a Request for Order (RFO) or Noticed Motion, it is the policy of this Court not to issue an Ex Parte order changing the child(ren)'s principal place of residence or to deny the access of any parent to the child(ren), except under the most extraordinary circumstances. 2. Any application to change the child(ren)'s living situation or to deny access of any person, who has legal right to custody or access to the child(ren), to the child(ren) prior to a full hearing shall include the following: a. reference to the terms of any existing Court orders bearing on custody or visitation of the child(ren) (if any); b. the current time-sharing schedule or agreement (if any), and how long the schedule has been in effect; c. any changes in the child(ren)'s place of residence in the past 120 days and the circumstances, including the dates and reasons for all such changes; d. what time-sharing program is proposed; e. the reasons for any proposed changes in the child(ren)'s living situation; and f. other relevant information. (Effective date 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/14, as amended 1/1/15) 9.6 EVALUATION UNDER FAMILY CODE §3111 (effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/11, as amended 7/1/12, as amended 7/1/14, as amended 1/1/18, as amended 7/1/19, as amended 7/1/25, as amended 7/1/26) A. The Butte County Superior Court has the discretion to appoint a child custody evaluator to conduct an evaluation in all child custody and visitation matters. The provision set forth in Rule 5.220 of the California Rules of Court and related Rules shall be followed. B. Any case in which custody or visitation remains in dispute after the completion of mediation and after recommendation may be referred to an agreed upon private evaluator, subject to a Court determination that the appointment of a Family Code §3111 evaluator would be in the child(ren)’s best interest. The evaluation shall be conducted according to the standards set forth in California Rules of Court. Rule 5.220. All child custody evaluators must meet the qualifications, training and continuing education requirements specified in Family Code §§1815, 1816 and 3111 as well as California Rules of Court, Rules 5.225 and 5.230. Said referral shall be made by stipulation of the parties, upon noticed motion, upon recommendation of the Child Custody Recommending Counselor or on the Court's own motion. 1. In all matters referred for a child custody evaluation, pursuant to this Rule, such evaluation shall be completed by a different individual than the one who has conducted a mediation and/or recommendation between the parties. 2. The appointment of a Family Code §3111 evaluator must be pursuant to a written order of appointment using Judicial Council Form FL-327 with Additional Orders Attachment (Child Custody Evaluator) (Form CV.010) as an attachment the parties will be ordered, if requested, to pay for any evaluative services consistent with their ability to pay.
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C. All written reports pursuant to Family Code §3111 shall be confidential in nature, and accessible only to the parties, their attorneys and the Court. The report shall be kept confidential in the case file and neither the child(ren) nor any individual(s) not a party to the action shall be permitted to read such report or receive copies thereof without an express Order of the Court. D. Written reports pursuant to Family Code §3111 shall not be utilized by any person for any purpose other than as set forth in statute, without the express written consent of all parties to the action. This Rule does not, however, prohibit its dissemination pursuant to the Special Matter Order pursuant to T.N.G. vs. Superior Court, adopted by this Court and filed March 24, 1994, nor to any party filing a mandated Suspected Child Abuse report concerning the involved minor(s) pursuant to Penal Code §11166. 1. The following Rules shall apply to all custody evaluations undertaken pursuant to Family Code §3111: E. Subject to Penal Code §11166, confidentiality of any communications between the involved child(ren) and the evaluator shall be maintained, unless such is knowingly and intelligently waived by the child(ren), subject to the approval of both the evaluator and counsel representing the child(ren), if any. F. Any child(ren) seen with one parent must also be seen with the other, unless that parent makes him or herself unavailable. G. All involved children shall be interviewed separately by the evaluator, unless otherwise determined by the evaluator. H. No evaluation shall be based upon an interview with only one party. I. If an evaluation is ordered by the Court, neither parent shall subject the child(ren) to further examination or evaluation by an expert without the approval of the Court or the consent of the other party(ies) to the action and approval of counsel for the child(ren), if any. This does not preclude any counsel for the child(ren) from seeking an independent evaluation of the child(ren) without consent of the other party(ies) to the action, subject to Court approval first obtained. J. It is the policy of the Court to resolve disputed custody and visitation issues as soon as possible after an evaluation has been rendered by a private evaluator. K. Prior to preparation of the written custody evaluation and recommendation, the evaluator may schedule a conference with the parties (these shall be separate conferences if Family Code §3113 is applicable), at which time the proposed recommendation and the reasons therefore will be discussed. In the event the parties can agree at that time, a written agreement will be prepared and, if approved by the parties and counsel (if represented), such will be executed and filed with the Court. L. All written evaluations private evaluators made pursuant to Family Code §3111 shall be served with proof of service upon the parties or their attorneys, pursuant to Family Code §3111(a). The evaluations shall include a Recommended Order and notice of the procedures contained in (e) below. M. In the event either party objects to the evaluation and recommended order, [s]he shall file with the Court within twenty (20) calendar days of service of the report on the party or attorney for the party [(D) above], a written Notice of Objections, providing endorsed, filed
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copies to the public agency or private individual preparing same, and the opposing party's attorney of record or the party if unrepresented. The written notice shall state: [1] the specific paragraph(s) and language in the Recommended Order objected to by the party; [2] the reason(s) for the objection(s); and [3] the proposed modification to the Recommended Order. N. The Court shall, upon receipt of objections, set the matter on a Tuesday or Wednesday RFO calendar for a pretrial conference. The parties and their attorneys, if represented, shall attend the conference. The following items shall be addressed at the pretrial conference: 1. The identification of the custody and visitation issues to be tried; 2. The viability of a judicially supervised settlement conference involving the parties, the attorneys, and the evaluator; 3. The determination of the amount of time necessary for trial, and 4. The setting of the custody and visitation issues on the Tuesday or Wednesday Request for Order (RFO) calendar, with priority, for setting of a judicially supervised settlement conference and/or trial. O. No motion for bifurcation of a custody or visitation issue shall be necessary. P. In the event no objections to the proposed order are filed within twenty (20) days, as set forth in Paragraph (M) above, the recommended order previously submitted may be signed and filed as an order of the Court if upon review, the Court finds the Recommended Order to be appropriate and in the best interests of the child(ren) involved. Q. Trial Setting: If custody and/or visitation issues remain unresolved after the settlement conference, the settlement conference judicial officer shall set the matter on a Tuesday or Wednesday RFO calendar for trial setting and the matter will proceed to trial on those issues. R. The custody evaluators report is a confidential document and its dissemination shall be limited to the parties, their attorneys and to any custody experts retained by the parties. No other persons, including mental health providers, shall receive a copy absent Court order. No party shall discuss the report with the child(ren) except minor’s counsel may discuss the report with his/her client. S. Peremptory challenges: Peremptory challenges to any evaluator (private evaluator, or mental health professional) shall be made at the time the evaluator is appointed. Each party shall be entitled to no more than one peremptory challenge [California Rules of Court, Rule 5.220(d)(1)(A)(ii)] T. Complaint Procedure: If a party alleges that an unprofessional or inappropriate act has occurred on the part of the evaluator during the course of the evaluation, they should bring that to the attention of the Court by writing a letter to the Court, submitting a Family Court Services Client Complaint Form, or filing a motion. 1. Written complaints or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928
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The Court, in assessing the complaint, will ask the Operations Manager to evaluate
W. If the Child Custody Evaluator wishes to be removed from the case, the Child Custody Evaluator shall forward a letter to the Operations Manager specifically stating the reasons for the request. The Operations Manager shall review the letter and forward copies of the request to each party and to the Court. The parties shall have twenty (20) days to file a motion challenging the request. If no motion is filed, the Court may grant or deny the request for withdrawal and Family Court Services shall notify the Child Custody Evaluator and the parties of the Court’s decision. FAXED LETTERS WILL NOT BE ACCEPTED. [California Rules of Court, Rule 5.220(d)(1)(A)(iii)]. X. The Court will not receive the Family Code §3111 (custody investigation) report in evidence unless the evaluator is available for cross-examination or upon stipulation of the parties. (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/11, as amended 7/1/12, as amended 7/1/14, as amended 1/1/18, 7/1/19, as amended 7/1/25, as amended 7/1/26)
the complaint. Upon receipt of the complaint, the Operations Manager shall send
copies of the complaint to each party. The Operations Manager shall report back
to the Court in writing, with copies to the parties, within ninety (90) Court days of
the formal complaint.
3. The evaluator is considered the Court’s witness and functions at the request and
under the guidance of the Court. The Court will determine whether a new
evaluator is appointed and may consult with other professionals in the course of
evaluating the evaluator [California Rules of Court. Rule 5.220(d)(1)(A)(iv)]
U. Ex-Parte Communications: The Rules addressing this subject are in Family Code §216,
California Rules of Court, Rules 5.235 and California Rules of Court, Rule
5.220(d)(1)(A)(v).
V. Withdrawal of Child Custody Evaluator: The Child Custody Evaluator may request to be
allowed to withdraw from an evaluation at any stage of the process for the following
reasons:
1. Conflict;
2. Nonpayment of fees;
3. Lack of cooperation by a party;
4. `Any other significant reason which prevents the Child Custody Evaluator from
completing the evaluation.
9.7 CALENDAR: TRIALS OR LONG CAUSE HEARINGS AFTER MEDIATION (Effective 7/1/90, as amended 7/1/98, as amended 7/1/04 as amended 7/1/08) A. Contested custody/visitation matters are entitled to preferential setting for a long cause hearing or trial. The custody/visitation issue may be set for settlement conference and trial as soon as the parties have complied with the Court's mediation requirements and a written recommendation has been prepared. B. A party desiring to schedule an early long cause hearing or trial date on the issue of custody or visitation shall, at the time of filing the At-Issue Memorandum or prior to requesting a long cause hearing, verify by a filed and served affidavit or declaration the following: 1. That custody or visitation is contested;
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
That mediation has been unsuccessful;
3. That the parties have completed mediation and that a recommendation has been
prepared and is available for the Court if appropriate;
4. That the recommendation is objectionable, in whole or in part (listing the
differences with the recommendation item by item or attach any previously filed
objections, where appropriate);
5. That another recommendation would better serve the interests of the child(ren)
(reciting the proposed alternative recommendation) if appropriate; and,
6. That an early settlement conference and/or trial date are requested solely on the
issue of custody or visitation (and any designated accompanying issues). (Effective
7/1/90, as amended 7/1/98, as amended 7/1/04, as amended 7/1/08)
9.8 CALENDAR: MOTIONS FOR MODIFICATION (Effective date 1/1/91, as amended 7/1/04, as amended 1/1/15) A. A motion for modification of either custody or visitation shall be calendared on the Family Law Request for Order calendar. (Effective date 1/1/91, as amended 7/1/04, as amended 1/1/15) 9.9 DOMESTIC VIOLENCE AND CHILD CUSTODY FC§ 3044 (Effective 7/1/90, as amended 1/1/01, as amended 7/1/26) A. When a parent subject to the Family Code § 3044 presumption against custody would like the Court to find the presumption has been rebutted, the following procedure applies: 1. The party seeking to prove the presumption against custody has been rebutted must file a noticed request for order (RFO), alerting the Court and opposing party, and minor’s counsel, if any, of the request. 2. The RFO should detail the facts on which the requesting party intends to rely, along with copies of any relevant certificates or letters of completion of necessary services or programs. 3. On the noticed date for the first hearing, evidence will not be taken. Other parties or counsel in the case will have the opportunity to file a response. 4. The matter will be set for an evidentiary hearing. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/26) 9.10 DEFAULTS AND FAMILY CODE §2336 PROCEEDINGS (Effective 7/1/90) A. Where the Judgment is taken by default, and there is no attached written agreement of the parties concerning custody and visitation, an attached factual declaration shall set forth the following: 5. Where the party is seeking joint custody, what specific contact with the child(ren) the defaulting party shall have. 6. Where the party is seeking to deny visitation between the child(ren) and the defaulting party, the reason(s) visitation should not be ordered. B. In preparing the declaration, the party shall inform the Court when the parties were separated, who has been the primary caretaker of the child(ren) during the past six (6) months and the extent of contact between the child(ren) and the non-caretaker parent during that time. (Effective date 7/1/90)
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9.11 MISCELLANEOUS (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 7/1/14, as amended and retitled 1/1/15, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/26) A. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT CASES. 1. Cases involving the UCCJEA (Family Code §3400 et seq.) generally appear initially on the Family Law Request for Order calendar. 2. Counsel should provide written points and authorities and declarations or affidavits in support of their jurisdictional contentions at the time of hearing. These declarations or affidavits shall contain a history of any other state's involvement with the case. The parties shall provide to the Court properly certified copies of any foreign decrees. Each party shall file a Declaration under the Uniform Child Custody and Jurisdiction Act, Judicial Council Form FL-105/GC-120. B. HEARINGS. 1. The parties shall keep Butte County Family Court Services staff informed as to dates of any contested hearing that may require the child custody recommending counselor to testify so that they may plan their schedules accordingly. Notice must be provided at lease seven (7) court days prior to the hearing. A confirming letter is required for notice; counsel are required to submit the letter via eFile. If the trial is vacated or continued, notice of the change must be provided promptly to Family Court Services by the party who requested the Child Custody Recommending Counselor to testify. Child Custody Recommending Counselors should not be subpoenaed, but will be available to testify at 8:30 am trials upon the request of a party or the Court. 2. A child’s wish to address the Court regarding custody and/or visitation shall be approached pursuant to Family Code §3042 and California Rule of Court, Rule 5.250. C. APPOINTMENT OF COUNSEL FOR CHILD(REN). 1. In any proceeding covered by these Rules, the Court, if it would be in the best interests of the minor child(ren), may appoint private counsel to represent the interests of the child(ren) pursuant to Family Code §3150 et seq. 2. Nothing shall prohibit the child custody recommending counselor from recommending that minor's counsel be appointed for the child(ren). D. PARTIAL AGREEMENTS. 1. The child custody recommending counselor is authorized to make a full or partial recommendation if a full agreement is not reached during the mediation conference. E. CHILD CUSTODY RECOMMENDING COUNSELOR’S DISCRETION 2. The child custody recommending counselor may, at his or her sole discretion, and without either consent of the parties or order of the Court, recommend that an investigation be ordered pursuant to Family Code §3111, or that other action be taken to assist the parties to effect a resolution of the controversy prior to any hearing on the issues. The child custody recommending counselor may, in appropriate cases, recommend that restraining orders be issued and/or that counsel be appointed to represent the involved child(ren). (Effective 7/1/90, as amended 1/1/04,
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as amended 7/1/04, as amended 7/1/08, as amended 7/1/14, as amended and retitled 1/1/15, as amended 7/1/19, as amended 1/1/21, as emended 1/1/24, as amended 7/1/26) 9.12 MEDIATION PURSUANT TO FAMILY CODE §3170 (Effective 7/1/90, as amended 1/1/04, as amended 7/1/08, as amended 1/1/11, as amended 1/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/19, as amended 1/1/24, as amended 7/1/25) A. In all matters involving initial mediation of child custody disputes pursuant to Family Code §3170: 1. The assigned child custody recommending counselor shall have the absolute duty to disclose to both parties any prior or current, personal or professional, contact said mediator may have had with either party or members of their immediate families, and the particulars thereof, as well as any prior or current, personal or social, relationship with the attorney representing either party, if any. The assigned child custody recommending counselor shall also disclose to both parties any other factors which might tend to affect said mediator's professional objectivity. After such disclosures, but prior to the commencement of the mediation session, the parties to the mediation shall be given the opportunity to request a different mediator, and any requests in this regard shall be honored. Only one peremptory challenge per party to the assigned child custody recommending counselor shall be permitted. 2. In the event all professional employees of Family Court Services are disqualified or disqualify themselves pursuant to this Rule, the parties shall select a private mediator or evaluator immediately, and such disqualification(s) shall be reported to the Court prior to the time set for hearing. Should the parties be unable to select a private mediator or evaluator, the Court shall make such selection of such private mediator or evaluator. Costs or fees shall be paid as may be determined by the Court. Additionally, the Court may elect to refer the matter to a reciprocal Superior Court. B. In those matters in which a written recommendation pursuant to Family Code §3183 has been ordered, such recommendation shall be prepared by the child custody recommending counselor who most recently conducted mediation with the parties. C. In those matters referred to the Family Court Services for a child custody investigation, report, and recommendation pursuant to Family Code §3111, such report and recommendation shall be completed by a different individual than the one who has conducted mediation between the parties within the previous twelve (12) months. This provision may be waived by the parties to the action subject to approval of counsel, if any. Such waiver, if entered, shall be either in written form, or stipulated in open Court. D. Notwithstanding the above provisions, any professional staff member of the Family Court Services may, at any time, recuse him or herself from a given mediation, child custody evaluation, or recommendation if [s]he believes that professional objectivity has been compromised. [Family Code §3163] E. Complaints concerning Family Court Services professional personnel shall be dealt with as follows: 1. Parents, parties and/or attorneys desiring to file a complaint regarding the mediation process or an individual mediator/child custody recommending counselor may submit a written complaint to the Operations Manager utilizing the
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Family Court Services Client Complaint Form. This form is available in the
Clerk’s Office. Complaints pertaining to the Operations Manager may be
submitted to the Court Executive Officer.
2. Written complaint or forms can be returned to:
Court Administration
Superior Court of California, County of Butte
1775 Concord Avenue
Chico, CA 95928
3. Written acknowledgement that the Court has received the complaint will be sent
to the complainant. Within twenty (20) Court days an appropriate investigation of
the matter will be conducted. If warranted, the person identified in the complaint
will be given notice of the complaint and an opportunity to respond. At the
conclusion of the investigation a written notice of the final action shall be sent to
the complainant. (Effective 7/1/90, as amended 1/1/04, as amended 7/1/08, as amended 1/1/11,
as amended 1/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17,
as amended 1/1/24, as amended 7/1/25)
9.13 MEDIATION ORIENTATION (Effective date 1/1/01, as amended 7/1/19) A. All parties involved in contested custody and/or visitation issues shall complete a mediation orientation program prior to their mediation appointment. This orientation shall be completed at least once every two (2) years. (Effective date 1/1/01, as amended 7/1/19) 9.14 RESULT OF FAILURE TO COMPLY (Effective date 1/1/09, as amended 7/1/19) A. Failure to comply with any of the Rules contained within Rule 9 (9.1-9.13) may result in any of the following on request of an opposing party or on the Court's own motion: 1. Making an order based solely on the pleadings properly before the Court. 2. Making or vacating orders as the Court deems appropriate under the circumstances. 3. Continuing the matter. 4. Awarding attorney's fees and costs against the non-complying party, without the requirement of filing either an Income and Expense Declaration or a noticed motion. 5. Removing the matter from calendar. B. The Court retains discretion to excuse non-compliance with any Rule or Rules on a showing of good cause. (Effective date 1/1/09, as amended 7/1/19)
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LOCAL RULE 12 PROBATE RULES (Effective 7/1/98, as amended 7/1/02, as amended 1/1/05, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/16, as amended 7/1/17, as amended 7/1/19, as amended 1/1/21, as amended 1/1/23, as amended 7/1/24, as amended 7/1/25, as amended 7/1/26) 12.1 GENERAL (Effective 7/1/98, as amended 7/1/99, as amended 7/1/12, as amended 1/1/14, as amended 1/1/21, as amended 1/1/23) A. TIMELINESS OF PAPERS PRESENTED FOR FILING 1. It is the duty of the attorney (or the party appearing without an attorney) to timely prepare and submit all documents related to an upcoming hearing. All documents in relation to the hearing (e.g., Proof of Publication, Status Reports, etc…) are to be filed no later than seven (7) calendar days prior to the hearing date. Failure to do so may result in the issuance of an Order to Show Cause and subsequent sanctions. 2. In general, final distribution hearings are set one (1) year from the date the Court appoints a personal representative to administer an estate. In the event counsel, or the pro per administrator is unable to file the petition for final distribution seven (7) calendar days prior to any final distribution hearing, a status update shall be filed seven (7) calendar days prior to the final distribution hearing. The status update shall address the reasons that the petition for final distribution cannot be filed, when the petition will be filed, and the date requested for the continued hearing on final distribution. Failure to file a timely status update may result in the issuance of an Order to Show Cause and subsequent sanctions. B. FORM OF PAPERS PRESENTED FOR FILING 1. It is the duty of the attorney (or the party appearing without an attorney) to prepare and submit the supporting documents and proposed orders for all matters. All such documents shall include the time and date of the hearing typed under the caption of the front page. 2. If a Judicial Council form is available for the particular form of relief sought, that form shall be used. The form is to be used in the same format as prescribed and printed by the Judicial Council. Only current Judicial Council forms are acceptable for filing. 3. A proposed form of order is to be submitted with each petition or motion for relief. Any petition or motion filed without such proposed form of order will not be calendared for hearing until such time as the proposed form of order is submitted. C. PROCEDURES FOR EX PARTE MATTERS 1. If the ex parte matter is contested the petition shall so specify. If necessary, the Clerk will contact the attorney of record so the matter can be added to the next available calendar for hearing. 2. All applications for ex parte orders must contain a list of any and all requests for special notice which have been filed in the proceedings or contain an allegation that no special notice has been requested. If any such notice has been requested, a waiver must accompany the petition. 3. If it is reasonably likely there will be a dispute or contest as evidenced by documents on file in the proceeding, then all parties must be notified pursuant to
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California Rule of Court §3.1200-3.1207 of the time and place where the application for the ex parte order will be made. Proof by the attorney’s declaration of such notification shall accompany the petition. 4. For good cause, the Court may require a noticed hearing before approval of any matter. (Effective 7/1/98, as amended 7/1/99, as amended 7/1/12, as amended 1/1/14, as amended 1/1/21, as amended 1/1/23) 12.2 BOND OF PERSONAL REPRESENTATIVE (Effective date 7/1/98) A. AMOUNT OF BOND 1. Unless the requirements of Probate Code §8481 are met, a bond will be required of every person appointed as a personal representative. As a general policy, the Court will require at least a $10,000 minimum bond even if the value of the estate is less than $10,000. 2. A petition to appoint a personal representative should set forth the estimated value of real property, personal property, and the estimated annual income from all property. 3. If the estimated value of the assets of the estate is not known at the time of the filing of the petition for appointment, ordinarily the personal representative must appear at the hearing to testify as to the estimated value of estate assets. 4. If written waivers are attached to the petition, bond will ordinarily be waived by the Court pursuant to Probate Code §8481, provided all heirs or beneficiaries are competent to act. If any such persons are incompetent (e.g., minors), an appropriate representative must waive bond on their behalf. B. METHODS OF REDUCING BOND 1. There are three basic methods for obtaining a reduction of bond. a. The first is to deposit or invest a specified amount of assets before the order of appointment is made, obtain a receipt and agreement to hold the assets in a blocked account, and offer the receipt and agreement in evidence when the petition for appointment comes on for hearing. The facts upon which the reduced bond is sought should be set forth, either in the original petition for appointment or in a separate petition to be heard simultaneously. b. The second is to obtain in the order appointing the representative, a provision that if assets are deposited or invested in blocked accounts the bond may be fixed in a reduced amount. A receipt for the deposit must be obtained from the depositary and filed with the Clerk. The Clerk is then authorized to issue letters upon the filing of a bond in the reduced amount. c. The third is to obtain a reduction of bond after the representative has qualified and entered upon the administration of the estate. If a deposit and reduction in the amount of the bond is anticipated, this may be covered in the original order of appointment; if not, a subsequent petition should be filed. It is often convenient to present this petition with the first annual account. Petitions to
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decrease bond are subject to a hearing with notice given to all heirs or beneficiaries. C. LIMITATION OF AMOUNT ON DEPOSIT WITH ONE FINANCIAL INSTITUTION: Monies in blocked accounts shall not exceed the limit of Federal Deposit Insurance Corporation insurance for each individual bank or savings and loan association. The attorney shall immediately file an ex parte petition for an order authorizing establishment of additional blocked accounts into which funds exceeding the insurance limit shall be deposited. D. CORPORATE AND INDIVIDUAL EXECUTORS: A corporate executor cannot assume responsibility for the acts of individual co-executors. Individual executors must provide bond as required by law. If a deposit is made under the provisions of Probate Code §8483 to reduce bond, it must be made jointly by the corporate and individual co-executors. E. BOND OF NONRESIDENT PERSONAL REPRESENTATIVE. A personal representative who is a nonresident of California and who is nominated to serve without bond may nevertheless be required to post such bond as the Court may require. Ordinarily, the amount of the bond will be the minimum bond in effect in Butte County which is currently $10,000. However, in the Court’s discretion, the maximum amount may be imposed, which is the value of the personal and real property, plus the amount of estimated income for one year for both the personal and real property. This Rule applies even if there are co-executors/co-administrators and one or more are California residents. In the case of a personal representative who is also the sole beneficiary, the same Rule applies for the protection of potential creditors. F. MULTIPLE REPRESENTATIVES. When multiple representatives are appointed by an order which directs that “letters shall issue to them”, the Clerk will not allow less than all to qualify and have letters issued separately. If qualification of less than all is desired, it must be so provided in the order of appointment. G. DISTRIBUTEE’S BOND. This Rule addresses the bond required by a personal representative to administer an estate. In certain circumstances, such as a preliminary distribution, a bond may be required of the distributee. (See Probate Code §11622) H. TIMELINESS OF BOND 1. The bond is to be filed with the Court within 10 (ten) calendar days after the appointment of the personal representative of the estate. 2. Failure to file the required bond shall be cause to remove the executor or administrator. (Effective date 7/1/98, as amended 7/1/12) 12.3 SALES BY PERSONAL REPRESENTATIVES (Effective date 7/1/98) A. SALES OF REAL PROPERTY - APPRAISAL WITHIN ONE YEAR 1. Probate Code §10309 requires that real property to be sold in an estate proceeding must be appraised within one year prior to the date of the Court confirmation hearing. Probate Code §8802 requires that the first appraisement of all property be as of the date of death. All appraisals must reflect the fair market value of the property. 2. When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale (on the Judicial Council form) must be filed with the Court
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before the confirmation hearing can proceed. Reappraisals must be made by the probate referee unless appointment of the referee has been waived by the Court. 3. The following phrases should be inserted in the reappraisal for sale immediately after the legal description of the real property: Appraised as of date of death [insert month, day and year] $ _______________ Appraised as of [insert CURRENT month, day and year] $ _______________ 4. The sum offered for the property must be at least 90 percent (90%) of the appraised value of the property within one year prior to the confirmation hearing. (Probate Code §10309) B. BOND ON SALE OF REAL PROPERTY 1. Petitions for confirmation of sale of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which is required to be covered by a bond. (See Probate Code §8482) If no additional bond is required or if bond is waived, that fact should be alleged in the petition. 2. Personal representatives subject to a bonding requirement who have full authority under The Independent Administration of Estates Act shall post their initial bond upon qualification in an amount sufficient to cover all personal property, income for one year from all sources, and the estimated proceeds of the sale of the real property. (See Probate Code §10453) C. BROKERS’ COMMISSION ON SALE OF REAL PROPERTY 1. Improved Property: Upon the confirmation of sale of improved real property, the Court ordinarily will allow a broker’s commission not to exceed six percent (6%), or such lesser percentage as has been negotiated between the personal representative and the broker subject to net sale amount. 2. Unimproved Property: A broker’s commission not exceeding ten percent (10%) of the first twenty thousand dollars ($20,000.00), eight percent (8%) of the next thirty thousand dollars ($30,000) and five percent (5%) of the balance of the sales price, ordinarily will be allowed for the sale of unimproved real property. The Court will determine, in each instance, whether property is “unimproved property”. 3. Agents or brokers bidding or overbidding on their own behalf or on behalf of an entity of which they are part owner will not be allowed a commission. (Probate Code § 10160.5) 4. The Court will not consider whether a broker is employed when receiving overbids. 5. Divisions of Commissions. Counsel is referred to Probate Code §§10160 et seq. D. CASH DEPOSIT TO ACCOMPANY BID ON REAL PROPERTY 1. Bids for the purchase of real property shall be accompanied by a minimum of ten percent (10%) of the amount of bid. When an overbid is made in Court, the bidder shall submit cash, money order or certified check at the time of the hearing in the amount of ten percent (10%) of the minimum overbid. (The minimum overbid is
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an increase over the bid returned to the Court by ten percent (10%) of the first ten thousand dollars ($10,000) and five percent (5%) of the balance of the sales price.) Overbids shall be in accordance with Probate Code §10311. 2. At the request of the attorney for the estate selling the real property, or on the Court’s own motion if good cause exists, the Court may relax the requirements set forth above. The petition for confirmation of sale or the request made in open Court should state the reasons for the lower deposit (e.g., all-cash financing by the Veteran’s Administration, or by Cal-Vet or by some other governmental agency.) E. NOTICE OF SALE OF PROPERTY SOLD. Notices and returns of sale should provide a common as well as a legal description of the property sold, as well as the Assessor’s Parcel Number. F. TERMS TO BE STATED IN NOTICE OF SALE OF REAL PROPERTY 1. Counsel should use extra care in wording of the published notice of sale. If the property is being sold subject to an encumbrance, the notice should so state. (See Mains v. City Title Insurance Co. (1949), 34 Cal. 2d 250. It is advisable that the notice call for “[c]ash or cash and such credit terms and conditions as the Court may approve.” 2. The terms of the sale shall be consistent with the terms stated in the notice. G. DISCLOSURE OF EXTRAORDINARY COSTS ON SALE OF REAL PROPERTY 1. The petition shall include a full disclosure of all extraordinary costs which the estate will incur as a result of the sale. Such costs include, but are not limited to, termite and other repairs, lender’s “point,” loan fees and nonrecurring closing costs. The exact amounts required or the maximum which the estate will be required to pay shall be disclosed in the petition and included in the order. 2. Extraordinary costs will be deducted from the gross bid, and the resultant “net” will be used for the following purposes: a. Determination if the sale is within ninety percent (90%) of appraised value; b. The base figure against which overbids are made; and c. The real estate broker’s commission. 3. The above amounts shall be set forth in an attachment to the petition. H. NOTICE OF CONFIRMATION HEARING. In addition to the requirements of notice contained in Probate Code §10308(c), notice of the Court hearing for confirmation of a sale of real property shall be mailed at least fifteen (15) calendar days prior to the hearing date to all heirs and beneficiaries who may have an interest in the subject real property. I. APPEARANCE BY BIDDER. Counsel should advise the original bidder, together with any potential bidders and their representatives, to be in Court at the time the petition for confirmation of sale is heard. J. EXCLUSIVE LISTINGS
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Personal representatives with authority to administer the estate under the
K. SALES OF PERISHABLE OR DEPRECIATING PROPERTY. If the Estate contains perishable or depreciating property, it should be disposed of promptly. If there has been an unreasonable delay in disposing of perishable or depreciating property, the Court may hold the personal representative accountable for the decreased value of the property. L. SALE OF PROPERTY SPECIFICALLY DEVISED OR BEQUEATHED. On a sale of property specifically devised or bequeathed, either notice of the time and place of the hearing of the return of sale shall be given to the specific devisee or legatee, or the consent of such devisee or legatee to such sale shall be filed with the Court. M. SALE OF SECURITIES 1. Subject to Order of Court. 2. A verified petition for authorization of sale of stocks, bonds or other securities described in Probate Code §10200 must contain an allegation regarding any request for special notice and compliance with such request and one or more of the following: a. Statement as to necessity for sale, giving reasons, i.e., taxes, expenses of administration, indivisible number of shares, etc. b. Consent or request of heirs; if the securities are specifically bequeathed, the petition should so allege and the written consent of the legatee should be filed. c. An allegation that a power of sale is conferred by the will. LOCAL RULE 12 - PROBATE RULES
Independent Administration of Estates Act need not obtain a Court order to enter
into an exclusive listing for real property.
2. Personal representatives who determine it is necessary or advantageous to seek
such a Court order shall observe the following:
a. Such petitions shall be granted only where a clear showing of necessity
and advantage to the estate is made. Ordinarily, these petitions will be
granted ex parte. Facts indicating necessity and advantage might include:
past unsuccessful exposure, condition of the property and/or
neighborhood, out-of-country residence of personal representative, or a
contract which pre-dates the establishment of the Court proceeding.
b. The petition and proposed order shall also include the name of the broker,
address of the property, the fact that the Court sets commissions and that
they are payable only if the sale is confirmed, and that all commissions are
payable in accordance with Probate Code §10160 et seq. The duration of
the contract must be specified. Ordinarily, the Court will not approve a
term exceeding ninety (90) days.
c. A copy of the listing agreement should be submitted with the petition. The
listing agreement must conform to the conditions set forth above and shall
further set forth in detail the obligations and duties of the broker, including
but not limited to the requirement to list on Multiple Listing Service(s),
place signs and advertise in newspaper[s].
d. Extensions of listing agreements shall follow the above procedures.
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d. If Securities are not listed on an established stock or bond exchange, they may be sold at a minimum price per share or bond, based on a recent market quotation, set forth in the petition. The market quotation may be obtained from financial publications or from securities brokers. If such securities are “closely held,” or there are no recent market quotations available, the petition should set forth the basis for fixing the minimum sales price (e.g., inventory and appraisement value). 3. Subject to Independent Administration of Estates Act (Probate Code §§10400 et seq.) a. A personal representative with authority to administer the estate under The Independent Administration of Estates Act may sell securities listed on an established stock or bond exchange and other assets referred to in Probate Code §10537, when sold for cash, without Court order. The sale shall be reported in the account and report filed by the personal representative. b. Notwithstanding the above, real or personal property may be sold in accordance with the provisions of Probate Code §10400 et seq.; provided, however, that any person objecting to a proposed action under Probate Code §10400 et seq. shall give notice to the personal representative at least forty-eight (48) hours in advance if he or she petitions the Court for an order restraining such sale, and the petitioner must show good cause. (Effective date 7/1/98) 12.4 COMPENSATION OF PERSONAL REPRESENTATIVES AND THEIR ATTORNEYS (Effective date 7/1/98, as amended 7/1/13, as amended 7/1/25) A. COMMISSIONS AND FEES MUST BE FIXED BY COURT 1. There is no authority for payment of any commissions or fees in advance of the Court authorizing such payment. Where commissions or fees are paid in advance of Court authorization, at the time of the accounting or other request for approval of compensation, the Court ordinarily will require an appearance by counsel or declaration stating the reasons therefore. The Court may require the personal representative or the attorney respectively to pay interest at the applicable legal rate from the date of payment to the date of the order authorizing the same, or may impose a surcharge, or may impose both interest and a surcharge. 2. When requests for fees are for services performed, the detail must reflect that time which was spent by the attorney and that spent by a paralegal. For each such person performing services for which compensation is being requested, the hourly rate charged for each such person or classification is to be set forth. The qualifications of a “paralegal” are to be set forth whenever fees are requested for services performed by a paralegal. 3. All contingency fee contracts to which the personal representative is a party, shall be submitted to the Court in advance for approval. A copy of the contingency fee contract shall be attached to the petition requesting approval. B. COMPENSATION FOR EXTRAORDINARY SERVICES 1. Application for compensation for extraordinary services must include detail of what was done, and how much time was spent by whom, in performing services
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for the ordinary fee. Under ordinary circumstances, extraordinary fees will not be awarded where the time spent in ordinary representation, plus the time spent in performing the extra ordinary services, does not exceed the statutory fee for the estate. 2. Applications for fees or commissions for extraordinary services shall be accompanied by a complete statement of facts upon which such application is based and shall specify the amount requested for each item of service, not merely a “reasonable amount.” The services claimed to be extraordinary shall be described in detail, including dates, time spent, necessity for the work, complexity of legal and/or factual issues and results accomplished. Submission of itemized time sheets by themselves will ordinarily not be sufficient to establish a claim for extraordinary services. Each specific area or item of extraordinary service should be segregated into different categories, such as litigation, sale of real property (or where applicable two categories for two sales of real property), preparation of federal estate tax return, other tax work, etc. Where applicable, each category of extraordinary service should be segregated into subcategories such as correspondence, discovery, settlement discussions, trial proceedings, etc. For each category of service, specify the total number of hours spent by each attorney or paralegal and specify the hourly rate of each individual and provide some description of the experience and expertise of each individual providing extraordinary service. All information should be provided in a declaration or declarations under penalty of perjury. 3. Compensation for extraordinary services ordinarily will not be approved before the final accounting except in cases where it is shown to the Court’s satisfaction that the estate or heirs will benefit, e.g., where it would be beneficial to reduce income taxes in a given fiscal period, or where ongoing litigation precludes presentation of a final accounting and attorneys must be retained or compensated to represent the estate in ongoing litigation. The Court ordinarily will allow extraordinary compensation for representing the estate in litigation outside of the regular administration of the estate upon a properly noticed petition upon completion of the service. Upon a proper showing, the Court may authorize progress payments prior to completion. Where the attorney or personal representative requesting a progress payment prior to completion of extraordinary work believes that public disclosure of the information required by subparagraph 2 immediately above may adversely affect the estate’s interest in ongoing litigation, the petitioner may include an allegation in the petition stating why the detailed information has been deleted from the petition and that said detailed information is concurrently being filed with the Court as a confidential document with a request for an in camera inspection. If it is shown to the satisfaction of the Court that said detailed information may adversely affect the estate’s interest in ongoing litigation, the Court will ordinarily order that the matter remain under seal until the resolution or termination of the ongoing litigation. 4. Extraordinary compensation and costs of a will contest before probate, a petition to revoke a will after probate, and/or a petition to determine personas entitled to distribution from the estate will not be allowed from the estate unless it is shown to the Court’s satisfaction that the personal representative was under a legal obligation to defend or prosecute such contest or proceeding or that the heirs and
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beneficiaries received a benefit so that on distribution they bear the compensation and costs in proportion to their distributive shares. (See Estate of Pryor (1942) 51 Cal.App.2d 735) 5. When evaluating a request for extraordinary compensation, the Court may consider whether the statutory compensation is sufficient to compensate adequately for all services that have been rendered and may request a declaration of the attorney or the personal representative substantiating all services required. C. EXPENSES OF ACCOUNTING MAY BE DEDUCTED FROM THE PERSONAL REPRESENTATIVE’S STATUTORY COMPENSATION. 1. The personal representative may employ tax counsel, tax auditors, accountants, or other tax experts for the preparation of tax returns and for the other tax-related services. To the extent that the personal representative utilizes the services of such counsel, auditors, accountants, or other experts to perform ordinary accounting and bookkeeping services, including the preparation of the schedules for Court accountings and pays for such services from the funds of the estate, the Court may deduct any such sums so paid from the funds of the estate from the personal representative’s statutory commission. (Effective date 7/1/98, as amended 7/1/13, as amended 7/1/25) 12.5 RESERVED (Effective 1/1/05, as amended 7/1/17) 12.6 SPOUSAL AND/OR COMMUNITY PROPERTY PETITIONS (Effective 7/1/12) A. Spousal and/or Community Property Petitions must be accompanied by a Memorandum of Points and Authorities setting forth the information supporting the requests made in the Petition. B. The Court may consider if necessary, an appointment of a Guardian Ad Litem. (Effective 7/1/12) 12.7 PRELIMINARY AND FINAL DISTRIBUTION (Effective 7/1/98, as amended 7/1/02, as amended 7/1/12) A. FORMS OF DECREES. A decree of distribution shall be drawn so that the full extent of the decree may be determined without reference to the petition on which it is based or to other documents, such as to the decedent’s will. If the distribution includes any interest in real property, the legal description shall be included in the body of the decree or in an attachment incorporated by reference. B. DISTRIBUTION TO MINORS 1. Court policy requires that any cash distributed to a minor be placed in a blocked account at a bank or savings and loan association. Withdrawals from such account shall be allowed only pursuant to a Court order. Before the Court will order such a distribution under Probate Code §3401, the written assurance required under Probate Code §3401(c)(2) must be filed with the Court. [See Judicial Council Forms MC 355 & MC 356] 2. The personal representative shall file a receipt acknowledged by the financial institution indicating the deposit of cash into a blocked account. 3. Ordinarily, withdrawals requested during minority may be obtained ex parte upon a showing of good cause. The Court will treat all such requests in a conservative manner in order to preserve the funds for the minor’s use upon reaching majority.
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- When the minor reaches age eighteen (18), ex parte application may be made to the Court for an order to release the funds directly to the beneficiary. A certified copy of the birth certificate shall be attached to the petition. 5. In the absence of a guardianship, the estate action number may be used for the filing of documents pertaining to the assets distributed under this section. (Effective 7/1/98, as amended 7/1/02, as amended 7/1/12)
12.8 FINAL DISCHARGE (Effective 7/1/98, Retitled and amended 1/1/16) A. Within eighteen (18) months after the Court grants the initial probate petition, the personal representative, conservator, or guardian of the estate must complete the following: 1. Distribute or transfer all property of the estate as required by the Final Distribution Order, 2. File receipts evidencing all distributions or transfers, and 3. File an Ex Parte Petition for Final Discharge and Order. B. Upon a showing of good cause, the Court may extend the deadline to comply with the provisions of Butte County Superior Court Local Rules, Rule 12.8. (Effective 7/1/98, Retitled and amended 1/1/16) 12.9 RESERVED (Effective 7/1/98) 12.10 CONSERVATORSHIPS (Effective date 7/1/98, as amended 1-1-03, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 7/1/17, as amended 7/1/19, as amended 7/1/24, as amended 7/1/26) A. RESERVED B. COURT INVESTIGATOR 1. In all cases, the petitioner or his or her attorney must submit a completed Court Investigator Information Sheet to the Clerk’s Office at the time of the filing of the petition for appointment of a conservator. 2. The provisions of the Probate Code concerning the duties of the Court Investigator apply whether or not the proposed conservatee is the petitioner [contrary to Probate Code §1826(d).] 3. The Court Investigator must be informed immediately of any change of address for the conservatee, the conservator or any attorney of record. This may be accomplished by submitting a new Court Investigator Information Sheet. 4. Assessment for the cost of the Court Investigator’s investigation shall be paid as ordered by the Court. Probate Code §1851.5 permits the Court to waive, defer, or order paid in part such fee in case of hardship. Assessments will be billed to the estate or, where applicable, to a trust where the conservatee is a beneficiary. Conservator shall provide the Court with the current address of the trustee of any such trust. 5. Assessments shall be paid to Butte County Superior Court. 6. An original of each of the following are required at the time of filing for review by the Court Investigator: Petition for Appointment, Confidential Supplemental
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Information, Confidential Screening, Court Investigator’s Information Sheet, doctor reports and accountings. 7. In cases in which the matter is scheduled for a Review Hearing, the conservator is required to submit a proposed Order Continuing Conservatorship (Form PR.030) at the time of the filing of the Court Investigator Information Sheet. 8. Additional fees and/or mileage costs may apply for any time the Court investigator must travel out of county to perform an investigation due to the other county not performing Courtesy investigations. 9. The parties shall keep Butte County Family Court Services informed of the dates of any contested hearing at which testimony from the Probate Court Investigator may be required. Notice must be provided at least seven (7) court days prior to the hearing. Probate Court Investigators are not to be subpoenaed. Instead, the requesting party must provide notice by submitting a confirming letter via eFile. If the contested hearing is vacated or continued, the party who requested the Probate Court Investigator to testify must promptly notify Family Court Services of the change. C. TEMPORARY CONSERVATORSHIP 1. Ordinarily, no petition for appointment of a temporary conservator will be considered by the Court prior to the filing of a petition for appointment of a permanent conservator. The bond must be filed with the Court within five (5) Court days of appointment as temporary conservator. Failure to do so will result in removal as the temporary conservator. 2. The petition for appointment of a temporary conservator may be brought ex parte, provided that the provisions for notice to proposed conservatee required by law are satisfied, either by giving notice to the proposed conservatee or by submission of a declaration showing facts sufficient to allow the Court to determine that good cause exists to eliminate or alter the notice requirements and provided that the following information is submitted: a. The original and copy of the petition and proposed order; b. A detailed statement of facts in the petition establishing the necessity for the temporary conservatorship; and c. An endorsed, filed copy of the petition for appointment of the permanent conservator. d. If the attorney is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors shall be notified at least forty-eight (48) hours in advance of the time and place the petition for appointment of the temporary conservator will be presented. However, if facts are found which make it clear that the notice required by this section would tend to adversely affect the conservatee or the conservatee’s estate, notice to potential objectors may be waived upon a showing of exigent circumstances. 3. Ordinarily, the Court will require a bond for temporary conservators of the estate.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Letters of temporary conservatorship expire on the date of the hearing on the appointment of the permanent conservator or thirty (30) days after appointment of the temporary conservator, whichever is earlier, unless the Court extends the termination date pursuant to Probate Code §2257.
D. INDEPENDENT EXERCISE OF POWERS. No powers specified in Probate Code §2591 will be granted in the absence of a clear and convincing factual showing that the grant of each power requested is needed to administer the estate, and that the grant of such power is for the advantage, benefit and best interests of the estate. E. CONDITIONS FOR APPOINTMENT OF INDIVIDUAL CONSERVATORS 1. BOND OF CONSERVATOR. Bond for an individual conservator of the estate shall not be waived. Under special circumstances, the Court in its discretion may order a reduced bond where the conservatee, having sufficient capacity to do so, has waived or requested bond amount. Bond of the conservator may be reduced by deposit of assets into block accounts. The bond must be filed with the Court within ten (10) calendar days of appointment as conservator. Failure to do so will result in removal as conservator. 2. HANDBOOK. Prior to the hearing for appointment of conservator, the proposed conservator shall obtain the “Handbook for Conservators” by accessing it at https://courts.ca.gov/probate-law-conservatorship. 3. DUTIES OF CONSERVATOR. A completed form “Duties of Conservator” and “Confidential Conservator Screening Form” (JC Form GC-348 and GC-314) shall be filed simultaneously with the petition for appointment. F. ALLOWANCE OF FEES IN CONSERVATORSHIP PROCEEDINGS. 1. No fees will be ordered paid in conservatorship proceedings until the filing of the inventory, but in no event until the expiration of ninety (90) days from the issuance of letters, pursuant to Probate Code §§2640-2642. 2. Conservators of persons or estates or both and attorneys may petition the Court for just and reasonable compensation earned to the date of filing the petition. The petition for compensation shall set forth the hours spent and services performed by the conservator, the attorney and any paralegal. At the time of filing the first accounting, the conservator and attorney (and the attorney on behalf of the paralegal) may petition the Court for compensation, or additional compensation earned from the date of a prior award, by setting forth the hours spent and the services performed. 3. Ordinarily, reasonable compensation for conservators shall not exceed seventy- five dollars ($75) per hour. 4. Fees for services which could ordinarily be provided by someone of less skill than the conservator (such as running errands, shopping and the like) will be compensated at a rate which one might expect for the performance of such duties rather than at a rate which might be appropriately paid to the Conservator for services which require the skill, training and expertise of a conservator. a. In the event the attorney for a conservator performs some of the administrative and bookkeeping functions normally performed by the LOCAL RULE 12 - PROBATE RULES
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conservator, the attorney may be awarded a larger amount of the combined fees and the conservator allowed a smaller portion thereof so that the total compensation awarded is no larger than that provided for under the guidelines set forth above. 5. Where all or a portion of the fee awarded exceeds cash on hand in the estate, the Court may, in appropriate circumstances, issue its order imposing a lien for fees on any or all of the assets in the estate. Ordinarily, enforcement of the lien will be deferred until the assets of the estate subject to the lien have been liquidated for reasons other than the satisfaction of the unpaid fee. 6. To be valid, contingent fee contracts with an attorney require prior Court approval. It is advisable for the attorney to petition the Court for its approval prior to rendering services. 7. The title of the petition embodying an application for the payment of fees and of the notice of hearing of such petition shall include a reference to the request. 8. Compensation to an attorney representing a conservatee may be ordered at the conclusion of the hearing on the appointment of the conservator. G. PRIVATE PROFESSIONAL CONSERVATORS. 1. REGISTRATION. All parties who fit the definition of a Private Professional Conservator as described in Probate Code §2340, Business and Professions Code §§6500, et seq., must register with the Clerk’s Office. Contact the Clerk’s Office for the current fee. One set of fingerprint cards and a Certificate of Registration of Private Professional Conservator are required when registering. H. APPOINTMENT OF LEGAL COUNSEL. Appointment of legal counsel pursuant to Probate Code §§1470 and 1471 is made in the following manner: 1. If the conservatee or proposed conservatee is developmentally disabled or indigent, the Butte County Public Defender is appointed; 2. If the conservatee or proposed conservatee is not indigent, an attorney’s name is obtained through the Court’s list of attorneys available for appointment. The attorney will be paid up to his or her usual hourly rate from the conservatee’s estate. 3. If a conservatee or proposed conservatee has retained legal counsel independently, the representation is subject to approval by the Court. I. ACCOUNTINGS 1. The conservator or successor conservator may either arrange to pick up the original lodged confidential supporting documents or provide a self-addressed stamped envelope for their return upon final determination and approval of the conservator’s account by the Court. If the conservator or successor conservator is picking up lodged documents in person, they must sign a receipt pursuant to California Rules of Court, Rule §10.610(c)(8) and Code of Civil Procedure §1952.2. Any documents so lodged, which are not accompanied by a self- addressed stamped envelope or in the alternative not picked up and a receipt signed, may be destroyed by the Clerk forty-five (45) days after the hearing. 2. Requests to waive interim accountings under Probate Code §2628 may be made on an ex parte basis. All such requests must be submitted on the Mandatory Butte
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
County Local Form PR.040. All final accountings, including estates qualifying under Probate Code §2628, shall be set for hearing. In all cases in which the conservator seeks an order dispensing with a formal accounting pursuant to Probate Code §2628, the beginning and ending dates of the accounting period sought to be waived must be specified. An order dispensing with the filing of a formal accounting does not relieve the conservator from the duty of filing subsequent Probate Code §2628 petitions or, where the estate no longer qualifies, a formal accounting pursuant to Probate Code §2620. If, after payment of Court approved conservator’s and attorneys’ fees, if any, it appears to the satisfaction of the Court that the estate will continue to meet the requirement of Probate Code §2628, the Court may dispense with future accountings. J. TERMINATION OF CONSERVATORSHIP OF THE PERSON 1. The conservator shall file Judicial Council Form GC-399, and attach thereto a copy of the conservatee’s death certificate with the conservatee’s social security number redacted, prior to termination of a conservatorship of the person. (Effective date 7/1/98, as amended 1-1-03, as amended 7/1/09, as amended 1/1/11, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 7/1/17, as amended 7/1/19, as amended 7/1/24, as amended 7/1/26) 12.11 GUARDIANSHIPS (Effective date 7/1/09, as amended 7/1/24, as amended 7/1/26) A. RESERVED B. RESERVED C. RESERVED D. RESERVED E. RESERVED F. RESERVED G. RESERVED H. CONTESTED HEARINGS 1. The parties shall keep Butte County Family Court Services informed of the dates of any contested hearing at which the testimony from a Probate Court Investigator may be required. Notice must be provided at least seven (7) Court days prior to the hearing. Probate Court Investigators are not to be subpoenaed. Instead, the requesting party must provide notice by submitting a confirming letter via eFile. If the contested hearing is vacated or continued, the party who requested the Probate Court Investigator to testify must promptly notify Family Court Services of the change. I. ACCOUNTINGS 1. The guardian or successor guardian may either arrange to pick up the original lodged confidential supporting documents or provide a self-addressed stamped envelope for their return upon final determination and approval of the guardian’s account by the Court. 2. Requests to waive interim accountings under Probate Code §2628 may be made on an ex parte basis. All such requests must be submitted on the Mandatory Butte
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
County Local Form PR.040. All final accountings, including estates qualifying under Probate Code §2628, shall be set for hearing. In all cases in which the conservator seeks an order dispensing with a formal accounting pursuant to Probate Code §2628, the beginning and ending dates of the accounting period sought to be waived must be specified. An order dispensing with the filing of a formal accounting does not relieve the conservator from the duty of filing subsequent Probate Code §2628 petitions or, where the estate no longer qualifies, a formal accounting pursuant to Probate Code §2620. If, after payment of Court approved conservator’s and attorneys’ fees, if any, it appears to the satisfaction of the Court that the estate will continue to meet the requirement of Probate Code§ 2628, the Court may dispense with future accountings. (Effective 7/1/09, as amended 7/1/24, as amended 7/1/26)
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LOCAL RULE 13 DOCUMENTS PRESENTED FOR FILING (Effective 7/1/90, as amended 7/1/03, as amended 1/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/12, as amended 1/1/15, as amended 7/1/16, as amended 1/1/19) 13.1 FAX FILING AND SERVICE (Effective 7/1/89, as amended 7/1/03, as amended 7/1/05, as amended 1/1/07, as amended 7/1/12, as amended 1/1/15, as amended 7/1/16, as amended 1/1/19) A. Authority - these Rules are adopted in accordance with the provisions of California Rules of Court, Rules 2.300 through 2.306, and apply to civil, and family law proceedings filed at the Butte County Superior Court. B. A party may transmit a document by fax to a fax filing agency for filing with the Court. (California Rules of Court, Rule 2.303). C. A party may file by fax directly with the Court “informational letters” only. “Informational letters” are one page letters providing the Court with information regarding the status of the case (i.e. settlement status, trial readiness status). D. The fax filing telephone number for the Butte County Superior Court is (530) 532-7042. E. No fee will be required for faxed documents received pursuant to Butte County Superior Court Local Rules, Rule 13.1. (Effective 7/1/89, as amended 7/1/03, as amended 7/1/05, as amended 1/1/07, as amended 7/1/12, as amended 1/1/15, as amended 7/1/16, as amended 1/1/19) 13.2 FORM OF DOCUMENTS, GENERALLY (Effective 7/1/89, as amended 1-1-03, as amended 1/1/07, as amended 7/1/16) A. The word "documents" as used in this Rule includes all documents including "papers," as that term is defined in California Rules of Court, Rule 2.3 which are offered for filing in any case in the Butte County Superior Court. B. All documents presented for filing must comply with California Rules of Court Rules 2.100 through 2.119 and 3.1110 through 3.1116. C. The Clerk of the Court shall not accept for filing or file any document which does not comply with this Rule; provided however, that for good cause shown, the Court may permit the filing of a document which does not comply herewith. (Effective 7/1/89, as amended 1-1-03, as amended 1/1/07, as amended 7/1/16) 13.3 RESERVED (Effective 7/1/89, as amended 1/1/00) 13.4 RESERVED (Effective 7/1/89, as amended 1/1/99) 13.5 CONFORMING COPIES (Effective date 7/1/89, as amended 7/1/96) A. Unless the Court finds good cause, the Clerk of the Court will conform a maximum of two (2) copies of any document at the time of filing. Additional copies will be provided by photocopying and the standard Clerk of the Court fee for copies will be charged. (Effective date 7/1/89, as amended 7/1/96) 13.6 PREPAID, SELF-ADDRESSED ENVELOPES REQUIRED (Effective date 7/1/89, as amended 1/1/04) A. A self-addressed envelope with sufficient postage affixed is required for the mailed return of all documents submitted for conformance. Copies submitted for conformance without an envelope will be placed in the “hold drawer” in the office of the Clerk of the Court. Items not picked up from these boxes within thirty (30) days will be destroyed. (Effective date 7/1/89, as amended 1/1/04) 13.7 TIME AND DATE MUST BE SHOWN (Effective date 7/1/89, as amended 1/1/99, as amended 7/1/12)
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A. When the date of the hearing for any Law and Motion, Family Law, Criminal or Probate
matter is known, all papers filed for consideration at the hearing shall contain the hearing
date and time in the caption of the case below the action number. The papers shall also
show the address of the Court in which the hearing will be held. Failure to comply with
this Rule may result in documents not being before the Court at the time of the hearing.
B. When supplemental documents are filed after hearing relating to matters taken under
submission, the date the matter was submitted and the department in which the matter
stands submitted shall be included in the caption of the case below the case number.
(Effective date 7/1/89, as amended 1/1/99, as amended 7/1/12)
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LOCAL RULE 14 ATTORNEY FEES & COST REIMBURSEMENT (Effective 1/1/91, title amended 7/1/99, as amended 7/1/09, as amended 7/1/12, as amended 7/1/13, as amended 1/1/14, as amended 1/1/15, as amended 7/1/19, as amended 7/1/23, as amended 1/1/25, as amended 7/1/26) 14.1 APPLICABILITY (Effective 7/1/09) A. The following attorney fees shall, under normal circumstances and in compliance with the Rules set forth below, be awarded by the Court to Court-appointed attorneys for reasonably necessary legal services rendered in the Superior Court of California, County of Butte. (Effective 7/1/09) 14.2 ATTORNEY FEE REIMBURSEMENT EXCEPT IN CAPITAL CRIMINAL CASES (Effective 7/1/09, as amended 7/1/12, as amended 7/1/13, as amended 7/1/19, as amended 7/1/26) A. For reasonably necessary out-of-Court work, such as consultation, research, discovery and general preparation, and reasonably necessary Court appearances before trial, the Court will authorize reimbursement at a rate of $85.00 per hour. B. The Court will authorize reimbursement for trial at a rate of $85.00 per hour. C. The Court will authorize reimbursement for post-trial work at a rate of $85.00 per hour. D. Fees are not payable for "waiting time", including deliberations, which can be utilized for library work on other matters. The Court will not authorize reimbursement for travel time to and from Court. E. The fee reimbursements specified above exclude attorneys under contract with the county or the Court to provide such services and representations unless approved by the Court in advance and upon a showing of good cause. F. In Probate and Guardianship matters, if the estate has the funds available to pay for the attorney appointed by the Court, then those funds shall first be used. The Court will pay only if the private funds are exhausted. G. Appointed attorneys in Family Law matters (i.e., Minor’s Counsel) and appointed attorneys in Probate and Guardianships matters shall submit billing in six(6)-minute increments. Fifteen(15)-minute increments will not be permitted and may be returned for correction. (Effective 7/1/09, as amended 7/1/12, as amended 7/1/13, as amended 7/1/19, as amended 7/1/26) 14.3 ATTORNEY COST REIMBURSEMENT EXCEPT IN JUVENILE DEPENDENCY, FAMILY CODE §3150 APPOINTMENTS AND CAPITAL CRIMINAL CASES (Effective 7/1/09, as amended 1/1/15, as amended 7/1/19, as amended 7/1/23, as amended 1/1/25) A. Unless an order of the Court is obtained authorizing the expenses referenced above, including investigative services and/or expert witness fees, counsel incur any and all expenses at their own risk. Expenses that depart from the current Butte County or Butte County Superior Court protocol and guidelines except for extraordinary circumstances shown will not be authorized. B. Expenses reasonably and necessarily incurred by counsel, including costs for investigative services and/ or expert witness(es) are eligible to be reimbursed. Prior authorization of the Court and proper documentation that costs were incurred are required prior to reimbursement.
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Claims for work, time, or expenses, for investigative or expert services incurred
either after the case has concluded in any fashion (including a no contest or guilty
plea, a verdict of guilty or not guilty, a dismissal by the Court or prosecution), or
after counsel who sought the order for funds is no longer counsel of record, will
not be authorized by the Court for reimbursement. Counsel seeking Court ordered
expense funding are obligated, by the Court’s order approving the funding, to
notify the investigator and /or expert that the case has concluded, or that counsel
is no longer counsel of record, and to cease work at public expense.
C. For copies of Court documents, the attorney is eligible to be reimbursed at the same rate
the Clerk of the Court's office charges to make copies.
D. For any other copies, the attorney is eligible to be reimbursed at a rate of 10 cents per page.
Attorney time to make the copies is not reimbursable.
E. Reimbursement for items such as parking fees, mileage from offices to the Courthouse,
local telephone calls or pro rata office expenses will not be allowed.
F. Prior to incurring investigative, or other expert fees and/or other costs, the form of order
presented for authorization must be accompanied by an Income and Expense Declaration
form (FL-150) in family matters, or a Financial Information form (GR.050) for all other
matters, and a declaration in support thereof, and shall contain the following language:
1. “The cost(s) and expense(s) of such service(s) or examination(s) shall not exceed
________ (which is the dollar amount indicated by the Court on each Ex Parte
Appointment Order). The Court finds that the cost(s) for expert service(s) is/are a
legitimate expense of the County of Butte and will be paid by the County of Butte
upon written certification by the Butte County Superior Court that the expenses
have been incurred.” (Effective 7/1/09, as amended 1/1/15, as amended 7/1/19, as amended
7/1/23, as amended 1/1/25)
14.4 PRESENTATION OF CLAIMS (Effective date 7/1/09) A. A request for reimbursement shall be paid upon presentation of an itemized billing attached to or listed on a completed Butte County Claim for Professional Services, with attached receipts for expenses, and a copy of the Court order that previously authorized the expenditure(s). The Claim must specify the case number, an hourly rate, the number of hours billed, and shall not to exceed the total amount previously authorized by the Court. The attorney shall then present the claim to the County's Administrative Office for processing for payment. B. WITNESSES. Other than in privately retained counsel cases, it is the obligation of the attorney subpoenaing a witness to obtain and prepare a Butte County Claim Form and have the witness sign the claim. The attorney shall then present the claim to the County's Administrative Office for processing for payment. (Effective 7/1/09) 14.5 CAPITAL CRIMINAL CASES (Effective 7/1/09) A. In capital criminal cases, the fee for trial shall be determined by the Court and the fee for other reasonably necessary expenses and legal services shall be computed in accordance with Butte County Superior Court Local Rules, Rule 14.3. (Effective 7/1/09) 14.6 JUVENILE DEPENDENCY AND FAMILY CODE §3150 APPOINTMENTS CASES (Effective 7/1/09, as amended 1/1/14, as amended 1/1/15, as amended 1/1/25, as amended 1/1/26)
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A. For Juvenile Dependency conflict counsel, and Family Code §3150 appointments, reimbursement for attorney fees shall be authorized in accordance with Butte County Superior Court Local Rules, Rule 14.2. Other reasonably necessary expenses shall be authorized in accordance with Butte County Superior Court Local Rules, Rule 14.3(A) through Butte County Superior Court Local Rules, Rule 14.3(E). 1. Attorneys must submit any claims to the Court for attorney fees and other reasonably necessary expenses within sixty (60) days of services being rendered for services rendered in and between the months of July and May . Services are considered rendered irrespective of whether a case and services pursuant thereto remain ongoing. 2. For purposes of fiscal year-end accounting, attorneys are urged to submit any claims for services rendered within the month of June, as soon as possible, and must submit any such claims within thirty (30) days after the end of the fiscal year on June 30th. 3. Claims submitted after the deadline listed in subsections A(1) and A(2) of this rule may not be paid by the Court. Any such late claims must be accompanied by a letter explaining the reason(s) for the delay, which the Court will take into consideration when determining if payment will occur. Late claims without a letter will not be paid. B. Prior to incurring investigative, or other expert fees and/or other costs, the form of order presented for authorization must be accompanied by a declaration in support thereof. C. The declaration in support of investigative and/or expert witness fees and costs will be (1) authored by the expert or investigator attesting to the nature of work to be done, the number of hours expected, anticipated costs, hourly rate(s) depending on the nature of the work and (2) have a resume or curriculum vitae attached along with (3) a statement by the attorney detailing they have made the inquiry as detailed in the declaration and describing the relevance of the information or services sought. D. For purposes of this Local Rule: “investigator” includes an individual or company providing services in support of the relevant needs of the attorney on behalf of their client; “expert” includes an individual the attorney intends to proffer in Court as an expert in a particular subject. E. Authorization of reimbursement for costs as detailed in this Local Rule does not amount to a finding by the Court that testimony or evidence of the investigator or expert will be admitted in Court, nor constitute a finding that an individual qualifies as an expert under the law. F. The declaration shall contain the following language: “The cost(s) and expense(s) of such service(s) or examination(s) shall not exceed $___________________ (the dollar amount the attorney is requesting the Court authorize on each Ex Parte Appointment Order).” G. The request for reimbursement must be submitted by the attorney and include a proposed form of order that includes the following language: “The Court finds that the cost(s) for expert or investigative service(s), as detailed in the declaration, is/are a legitimate expense of the Superior Court of California, County of Butte and such costs will be reimbursed to the attorney by the Court upon written certification of the attorney that the expenses have been incurred.”
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H. A request for reimbursement of costs incurred shall be paid to the attorney upon the attorney’s presentation of an itemized billing attached to or listed on a completed Butte County Superior Court Claim for Professional Services, with attached receipts for expenses and a copy of the Court order that previously authorized the expenditure. The claim must specify the case number, an hourly rate consistent with that expressed in the declaration or ordered by the Court, whichever is less, the number of hours billed, and shall not exceed the total amount previously authorized by the Court. The attorney shall then present the claim to the Court's Administrative Office for processing for payment within thirty (30) days of services rendered or as ordered by the Court. (Effective 7/1/09, as amended 1/1/14, as amended 1/1/15, as amended 1/1/25, as amended 1/1/26) 14.7 PROFESSIONAL LIABILITY INSURANCE (Effective date 1/1/02, renumbered 7/1/09) A. Attorneys appointed pursuant to this Rule shall secure malpractice (Errors and Omissions) coverage in the amount of One Hundred Thousand dollars ($100,000) per occurrence; Three Hundred Thousand dollars, ($300,000) aggregate. (Effective date1/1/02, renumbered 7/1/09) 14.8 ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES (Effective date 7/1/99, renumbered 7/1/09) A. The following attorney fees shall, under normal circumstances, be awarded in actions on promissory notes, contracts providing for the payment of attorneys’ fees and foreclosures: 1. DEFAULT ACTION ON NOTE OR CONTRACT. Exclusive of costs: a. 25 percent of first $1,000 with minimum fee of $150 b. 20 percent of next $4,000 c. 15 percent of next $5,000 d. 10 percent of next $10,000 e. 5 percent of next $30,000 f. 2 percent of the amount over $50,000 1) In an action upon contract providing for an attorney fee, the clerk shall include in the judgment an attorney fee in accordance with this schedule, not to exceed the amount prayed for. B. 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. C. FORECLOSURE OF MORTGAGE OR TRUST DEED. The same amount as computed under subdivision (A) or (B), increased by ten (10) percent. D. 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 $75.00 in an action involving one assessment or bond, and an additional $20.00 for each additional assessment or bond being foreclosed in the same action. (Effective date 7/1/99, renumbered 7/1/09)
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LOCAL RULE 15 FAMILY-CENTERED CASE RESOLUTION PROCESS (Effective 1/1/13, as amended 7/1/13, as amended 7/1/20) 15.1 AUTHORITY (Effective 1/1/13) A. This Rule is intended to implement a family-centered case resolution process in conformance with Family Code §§2450, 2451 and California Rules of Court, Rule 5.83. (Effective 1/1/13) 15.2 APPLICABILITY (Effective 1/1/13, as amended 7/1/20) A. This Rule applies to all dissolution, legal separation, nullity, petition for custody and support, parentage and grandparent cases filed after January 1, 2013. (Effective 1/1/13, as amended 7/1/20) 15.3 STATUS CONFERENCE (Effective 1/1/13) A. Upon the filing of any case listed in Butte County Superior Court Local Rules, Rule 15.2, the Court will issue a Notice of Status Conference and calendar the conference within 180 days after the filing of the petition. The petitioner shall serve the Notice of Status Conference on the respondent with the summons and petition and any other initial papers to be served with the summons and petition. B. The purpose of the Status Conference is to assess the case early and assist the litigants with creating a case management plan for resolution of all of the issues presented in their cases. The design of the case management plan will depend on the complexity of the case. C. On request of either party or on the Court’s own motion, the Court may set any matter for a status conference. (Effective 1/1/13) 15.4 ATTENDANCE AT STATUS CONFERENCE (Effective 1/1/13) A. All parties must attend the initial status conference. If the Department of Child Support Services is a party to the case, their appearance is not required. B. Attorneys and self-represented parties shall attend each subsequent status conference unless excused in advance by the Court, the case has been dismissed or a judgment resolving all issues has been entered. C. RECONCILIATION. Parties who file a stipulation prior to the status conference indicating they are attempting reconciliation will be exempt from the settlement conference for six (6) months. If a judgment or dismissal is not filed within six (6) months of filing of the petition, the Court will proceed with a status conference upon notice to the parties. (Effective 1/1/13) 15.5 PRE-STATUS CONFERENCE REQUIREMENTS (Effective 1/1/13) A. In dissolution and legal separation cases each party shall serve the other with a Preliminary Declaration of Disclosure no later than ninety (90) days following the service of the Petition for Dissolution or Legal Separation. The Preliminary Declaration of Disclosure shall include a completed Income and Expense Declaration, a completed Schedule of Assets and Debts, and any other information that is required pursuant to Family Code section 2104. This does not apply to summary dissolution matters as outlined in Family Code section 2400. B. A Family Law Case Management: Status Conference Statement (form FL.060) shall be filed and served on all other parties at least five (5) calendar days before each case status
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conference. The Family Law Case Management: Status Conference Statement (form FL.060) is available upon request from the Clerk’s Office or on the Court’s website at www.butteCourt.ca.gov. (Effective 1/1/13) 15.6 STATUS CONFERENCE AND COURT’S ROLE (Effective 1/1/13, as amended 7/1/13) A. At the status conference, the judicial officer will review the case to determine whether it is progressing towards disposition in a timely and effective manner in accordance with the milestones, disposition standards, and additional factors set for the in California Rules of Court, Rule 5.83. The judicial officer may take action authorized by California Rules of Court, Rule 5.83, including but not limited to setting additional status conferences, setting a family-centered case resolution conference, or scheduling the case for further review without appearances by the parties. B. Counsel must inform the Court of the following matters: 1. The attendance of both parties at Family Court Services mediation; 2. The service by both parties of a complete Preliminary Declaration of Disclosure; 3. The filing with the Court of a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration; 4. The readiness of the parties to participate in mediation; 5. The appropriateness of referral to arbitration; 6. The willingness of the parties to limit, schedule, or expedite discovery, including the willingness to provide the opposing party, without a discovery request: (a) the name, address, and telephone number of each individual likely to have desirable information that supports the party’s disclosures, and (b) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of the party and that supports the party’s disclosures; 7. The appropriateness of implementation of a family-centered case resolution plan pursuant to Family Code §2451; and 8. The willingness of the parties to stipulate to the appointment of Court experts, and allocate the expert’s expense, or to schedule a hearing for the appointment and expense allocation of Court experts. C. At any status conference the Court may: 1. Schedule disclosure of expert witnesses, by stipulation; 2. Inquire whether issues can be narrowed by stipulation and set dates for the filing of stipulations; 3. Set dates for further status conferences, as needed, and no less often than every six months; 4. Set dates for other events that must take place before the next status conference; 5. Set the date for trial and/or settlement conferences; and 6. Take such other action, as permitted by law, which could promote the just and efficient disposition of the case. (Effective 1/1/13, as amended 7/1/13)
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LOCAL RULE 16 FAMILY LAW (Effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 1/1/10, as amended and renumbered 1/1/11, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/15, as amended 1/1/17, as amended 7/1/17, as amended 1/1/18, as amended 7/1/18, as amended 1/1/19, as amended 1/1/20, as amended 4/20/20, as amended 6/12/20, as amended 7/1/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24, as amended 1/1/25, as amended 7/1/25, as amended 7/1/26) 16.0 GENERAL INSTRUCTIONS (Effective date 7/1/90, as amended 1/1/02, as amended 7/1/12, as amended 7/1/14, as amended 7/1/25) A. The Request for Order (FL-300) form replaces the old Notice of Motion and Order to Show Cause forms. Use the Request for Order form to ask for Court Orders in your family law case. Note: Do not use Request for Order (FL-300) if you are filing a motion or order to show cause for the following: 1. For a contempt action in a family law case (Use Order to Show Cause and Affidavit for Contempt (see form FL-410) 2. To set aside a child support order (see FL-360 or FL-640) or a Voluntary Declaration of Parentage or Paternity (see form FL-280). 3. For a domestic violence protective order under the Domestic Violence Protection Act (see form DV-100). You can use the Request to Change or End Restraining Order (form DV-300) to request a modification or termination of a restraining order, as well as Request to Change Child Custody and Visitation Orders (form DV-305) to modify child custody, visitation, or support orders that you need modified in a domestic violence protective order case. 4. Other types of cases for which there are other specific Judicial Council forms. 5. For specific custody, visitation, and mediation Rules, see Butte County Superior Court Local Rules, Rule 9. These Rules do not apply to Butte County Department of Child Support Services cases brought under the Family Code. (Effective date 7/1/90, as amended 1/1/02, as amended 7/1/12, as amended 7/1/14, as amended 7/1/25) 16.1 OBTAINING A HEARING DATE (Effective date 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17) A. All Request for Order and Motions filed under the Family Code, including discovery matters, shall be heard on the Family Law Calendars. Rule 16 governs all Request for Orders and other family law and motion matters. (Effective date 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17) 16.2 REQUEST OF MINOR TO MARRY OR ESTABLISH A DOMESTIC PARTNERSHIP (Effective date 7/1/25) A. Pursuant to California Rule of Court, Rule 5.448, a minor under the age of 17 years-of-age without a high school diploma must be interviewed by Family Court Services. Local Form, Questionnaire for Minor to Marry or Establish a Domestic Partnership (FL.020), must be provided to Family Court Services no later than the time of the interview. (Effective date 7/1/25) 16.3 RESERVED (Effective date 7/1/04)
16.4 DEADLINE FOR FILING PAPERS (Effective date 7/1/90, as amended 1/1/04)
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A. Moving and responsive pleadings must be served on the opposing party or attorney, including the Butte County Department of Child Support Services if a party has applied for and/or is receiving public assistance, in accordance with Code of Civil Procedure §1005. B. If a responding party fails to appear at a hearing, the moving party must submit proof of timely service to the Court; otherwise, the matter will be taken off calendar. (Effective date 7/1/90, as amended 1/1/04) 16.5 RESTRAINING ORDERS, EX PARTE REQUEST FOR RESTRAINING ORDERS, ORDER SHORTENING TIME FOR SERVICE/HEARING (Effective date 7/1/90, as amended 01-01-04, as amended 7/1/04, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/15, as amended 6/12/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24) A. Requests for ex parte temporary restraining orders in domestic violence, civil harassment, workplace violence, elder abuse, and dependent adult abuse actions: B. NOTICE: Requests for ex parte restraining orders in the actions referenced in (A) above may be made without notice to the opposing party. Upon the requisite showing being made by way of affidavit or declaration a temporary restraining order may be issued without notice. 1. The required showing in a domestic violence, elder abuse and dependent adult abuse action is reasonable proof of a past act or acts of abuse by the defendant against the plaintiff. Family Code §6300, Welfare & Institution Code §15657.03(c). 2. The required showing in a civil harassment action is reasonable proof of harassment of the plaintiff by the defendant and that great or irreparable harm would result to the plaintiff. Code of Civil Procedure §527.6(c). 3. The required showing in a workplace violence action is reasonable proof that the employee suffered unlawful violence or a credible threat of violence by the defendant and that great or irreparable harm would result to an employee. Code of Civil Procedure §527.8(e). a. The Court has discretion to require notice to an opposing party/defendant of any request for an ex parte temporary restraining order in any of the actions listed in 16.5(A) above. C. Requests for ex parte temporary restraining orders in: 1. Marital litigation (i.e., dissolution, nullity and legal separation actions) 2. Domestic partnership litigation (i.e., where custody/visitation is an issue in domestic partnership dissolution, nullity or legal separation actions) 3. An action under the uniform parentage act to determine custody or visitation 4. A proceeding to determine custody or visitation in an action brought by the Department of Child Support Services pursuant to Family Code §17404 5. A grandparent visitation action by joinder, or 6. An independent action for visitation by a former legal guardian: D. NOTICE: Unless it appears from the facts presented in the applicant’s declaration that reasons exist for the applicant to be excused from the notice requirements of California
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Rules of Court, Rule 3.1203(a) [see California Rules of Court, Rule 3.1204(b)(3)], notice of an intent to seek an ex parte restraining order in any actions referenced in (b) above must be given pursuant to California Rules of Court, Rules 3.1203, 3.1204 and 3.1206. E. Ex parte hearings are held each Court day at 3:00 pm at the North Butte County Courthouse, 1775 Concord Avenue in Chico. The party requesting the ex parte temporary order(s) must file the moving papers (Request for Order) at or before 10:00am on the day of the hearing. F. All requests for temporary orders in the actions referenced in (B) above must include a declaration containing the information as set forth in Declaration Re: Notice of Ex Parte Application for Orders (form FL.010) and the reasons why an order shortening time for service and hearing will not suffice in lieu of an ex parte order pending hearing. G. Ex parte requests for modification of existing custody and visitation orders or for custody and visitation orders will not issue absent a clear showing of risk of immediate harm to the child(ren), or immediate risk the child(ren) will be removed from the State of California. The showing must be made by affidavit or declaration and shall include a full, detailed description of the most recent incident(s) of physical harm, threats of harm or threats to remove the child(ren) from the state and must specify the date of each incident. There is an absolute duty to advise the Court what the existing custody and visitation arrangement is and how it will be changed by the requested ex parte order. Further, if there is an existing Court order relative to child custody and visitation, the date and provisions of that order must be set forth as part of the supporting declaration. (Effective date 7/1/90, as amended 01-01- 04, as amended 7/1/04, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12 as amended 7/1/15, as amended 6/12/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24) 16.6 FAMILY LAW FACILITATOR (Effective date 7/1/98) A. If the staff and other resources are available and the mandatory duties set forth in Family Code §10004 have been accomplished, the Family Law Facilitator may perform the following additional duties: 1. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to §10012 of the Family Code. Actions in which one or both of the parties are unrepresented by counsel shall have priority. 2. Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in §10003 of the Family Code. 3. If 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 the matter is ready to proceed. 4. Assisting the clerk in maintaining records. 5. Preparing formal orders consistent with the Court’s announced order in cases where both parties are unrepresented. 6. Serving as a special master in proceedings and making findings to the Court unless he or she has served as a mediator in the case. 7. Participate in the operation of the Family Court Clinics, including the training and supervision of volunteers for that clinic.
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Assisting the Court with research and any other responsibilities which will enable
the Court to be more responsive to the litigants’ needs.
9. Developing programs for bar and community outreach through day and evening
programs, videotapes, and other innovative means that will assist unrepresented
and financially disadvantaged litigants in gaining meaningful access to family
Court. These programs shall specifically include information concerning
underutilized legislation, and preexisting, Court-sponsored programs, such as
supervised visitation and appointment of attorneys for children. (Effective date 7/1/98)
16.7 FAMILY LAW FACILITATOR COMPLAINT PROCESS (Effective date 7/1/03, renumbered 1/1/04, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 7/1/25) A. Complaints concerning the Family Law Facilitator shall be dealt with as follows: 1. Parents, parties and/or attorneys who wish to file a complaint regarding the services provided by the Office of the Family Law Facilitator may submit a written complaint to the Court Executive Officer at: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928 2. Written acknowledgement that the Court has received the complaint will be sent to the complainant when possible. 3. If further action is needed, the investigation process shall be completed within ninety (90) days. During this time, the Family Law Facilitator will be given notice of the complaint and an opportunity to respond. 4. At the conclusion of the investigation a written notice of the final action shall be sent to the complainant. (Effective date 7/1/03, renumbered 1/1/04, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 7/1/25) 16.8 LENGTHY MATTERS (Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14) A. At a hearing on any Request for Order, the Court, upon request, may set the matter for a long cause hearing. The requesting party must have given the other side(s) at least twenty- four (24) hours notice of the intent to make the request; provide the Court with a sufficient offer of proof and complied with Family Code §217 and the California Rules of Court adopted as directed by Family Code §217(b). (Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended 7-1-0, as amended 1/1/12, as amended 7/1/14) 16.9 MEET AND CONFER REQUIREMENT (Effective date 7/1/90, renumbered 1/1/04, as amended 7/1/04) A. No case on the Family Law calendar will be heard unless and until counsel and the parties have conferred in an effort to resolve all issues. All documentary evidence that is to be relied on for proof of any material fact shall be exchanged by counsel while conferring. Failure to meet and confer or exchange documents may result in the matter being dropped from the calendar, continued, or the Court may order other appropriate sanctions. B. The meet and confer requirement is to be initiated by the moving party and/or the moving party’s attorney. The meet and confer may be by telephone and shall occur prior to the day
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of the hearing, unless served or the attorney is retained the day prior to the hearing. (Effective date 7/1/90, renumbered 1/1/04, as amended 7/1/04) 16.10 EVIDENCE AT A HEARING ON AN ORDER TO SHOW CAUSE OR NOTICE OF MOTION (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/12, as amended 7/1/14) A. Evidence received at a Request for Order hearing shall be pursuant to Family Code §217 and the California Rules of Court adopted as directed by Family Code §217(b). (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/12, as amended 7/1/14) 16.11 DISCOVERY (Effective date 7/1/90, renumbered 1/1/04, as amended 1/1/15) A. GENERAL POLICY. Counsel are encouraged to participate in informal discovery in order to conserve the financial resources of the parties. In appropriate cases, upon request from either party or upon its own motion, the Court may adopt a discovery plan that is tailored to the issues of the case and to the financial resources of the parties. B. DEPOSITION RULE. To encourage full preparation by counsel for hearings concerning temporary relief as well as at the trial of the case on the merits and to conserve the financial resources whenever possible, it is the policy of the Court to interpret the one deposition Rule found in Code of Civil Procedure §2025.610(a) as permitting the taking of a bifurcated deposition in family law cases. Where deposing counsel so desires, a party may be required to appear for a deposition concerning those issues raised by an application for temporary relief (e.g. temporary support, injunctive orders, etc.) and that party may be required thereafter to submit to the resumption of his/her deposition on issues concerning the ultimate merits of the case. Similarly, where issues in the case are bifurcated, (e.g., a separate trial on custody), the deposition of a party may be similarly bifurcated and limited to those issues then pending before the Court if deposing counsel so elects. Whenever deposing counsel elects to conduct a deposition of a party in a bifurcated fashion, [s]he shall make such intention known in the Notice of Deposition and at the beginning of the deposition by stating same on the record. C. DISCOVERY DISPUTES. Discovery disputes shall be resolved pursuant to LR 2.14. (Effective date 7/1/90, renumbered 1/1/04, as amended 1/1/15) 16.12 CHILD AND SPOUSAL SUPPORT PROCEEDINGS (Effective date 7/1/90, as amended 1/1/04, & renumbered 1/1/04, as amended 7/1/08, as amended 7/1/25) A. CONTENTS OF PLEADINGS. The application for order and supporting declarations and all other declarations in support shall set forth facts upon which the moving or responding party relies. B. Unless there has been no change in the Income and Expense Declaration [Judicial Council Form FL150] or Financial Statement (Simplified), if eligible, [Judicial Council Form FL155] of a party within the six (6) months preceding the hearing, a fully completed, current (within thirty (30) days, of actual hearing), Income and Expense Declaration or Financial Statement (Simplified), if eligible, shall be filed at least ten (10) days before hearing by each party in all hearings involving requests for support, attorney's fees or other financial relief. In any event, copies of the last three wage stubs or most recent Profit and Loss Statement will be provided to the opposing party or counsel no later than five (5) days preceding the hearing. If there has been no material change, a declaration under penalty of perjury that there has been no material change since the last Income and Expense Declaration or Financial Statement (Simplified) shall be submitted.
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- An Income and Expense Declaration is not fully completed unless it contains the following: a. Documents which reflect all income of a party wherever required (including all business income, commission income, rental income, interest income, etc.). These documents shall completely set forth the source of income, total gross income, an itemization of all deductions, and the net income after deductions. Business expense documents shall identify depreciation and any other non-cash expenses. b. A fully completed “attorney’s fees” section on the Expense Declaration and a completed “other property owned” section on the Income Declaration. c. Where bonuses have been received, attach a document setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount (if known or the estimated amount if not known) of the next bonus. C. Each party shall exchange at the time of the parties’/attorneys’ meet and confer (see Butte County Superior Court Local Rules, Rule 16.9), or no later than five (5) days preceding the hearing, whichever comes first, and be prepared to submit at hearing: D. Copies of the two most recent filed tax returns and/or all W-2 forms, 1099 forms and other documentary evidence reflecting receipt of income for any completed year in which a tax return has not yet been filed; and 1. All pay stubs for a period of at least three (3) months immediately prior to the hearing. 2. For a self-employed individual, a current Profit and Loss Statement. 3. If the hearing is scheduled between February 1 and the date the parties’ tax return(s) are filed, parties must exchange above information and other forms reflecting receipt of income during the previous year. E. SUPPORT CALCULATIONS 1. The Court will normally set child support based upon statewide uniform guidelines per Family Code §4050 et seq. 2. Temporary spousal support shall be determined by application of the “Santa Clara” support schedule, unless the Court, in its discretion determines not to follow the support schedule. 3. If it is contended by either party that the Guideline support is inappropriate, the declaration supporting such contention shall set forth the party's amount alleged to be proper. Such declaration shall include any reasons or justifications urged by the party for varying from the Guideline support. The reasons and justifications cited by the party must be within the limitations of Family Code §4057. If any party is disabled, unemployed, retired or incarcerated, all pertinent facts shall be set forth in the declaration. The declaration may be signed by the attorney for the party on whose behalf it is made. LOCAL RULE 16 - FAMILY LAW
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F. COMPUTERIZED SUPPORT CALCULATIONS. Any party relying on any Judicial Council certified computerized support calculations shall [1] provide to the other party, prior to the hearing, a complete printout of the computerized support calculations including the sheet that identifies the "setting" utilized to determine the support, and [2] file a copy of the same at the time of the hearing. G. RECIPIENTS OF PUBLIC ASSISTANCE BENEFITS. If either or both parties have applied for and/or are receiving public assistance, then each party shall serve upon the Butte County Department of Child Support Services their moving or responsive papers in accordance with Code of Civil Procedure §1005. H. SANCTIONS. Absent a showing of good cause, the Court will award sanctions or attorney's fees for non-compliance with Butte County Superior Court Local Rules, Rule 16.12. If awarded, such sanctions or fees may be ordered paid to the Court and/or the opposing attorney/party at the Court's discretion. I. RETURN OF TAX RETURNS. All income tax returns submitted by the parties shall be returned to the party submitting the same at the conclusion of the hearing unless ordered to be retained by the Court. (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/08, as amended 7/1/25) 16.13 STIPULATIONS (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04, as amended 1/1/26, as amended 7/1/26) A. All stipulations, whether reached before or during the hearing, shall be in writing and submitted to the Court. If a stipulation is reached during a hearing, it must be submitted in writing prior to the conclusion of the hearing. The parties may use local form Written Stipulation and Agreement (FL.070) for this purpose. B. The Court may, in its discretion, accept brief oral stipulations placed on the record during the hearing. Such stipulations are generally limited to routine matters such as continuances, temporary scheduling agreements, or other procedural issues. Any stipulations affecting significant rights such as custody, visitation, support, or property division, or any other stipulation that is complex in nature, must be reduced to writing and submitted in accordance with section A. (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04, as amended 1/1/26, as amended 7/1/26) 16.14 CHANGE OF VENUE (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04) A. Contained in every motion for change of venue, shall be the proposed county of venue hearing dates and times for family law matters. (Effective date 1/1/99, renumbered 1/1/04) 16.15 TRIAL, SHORT AND LONG CAUSE EVIDENTIARY HEARINGS (Effective date 7/1/90, as amended 7-1-01, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17, as amended 1/1/18, as amended 1/1/20, as amended 7/1/25, as amended 1/1/26) A. INTRODUCTION 1. “Family Law Matters” for purposes of Butte County Superior Court Local Rules,
Rule 16.15 — includes family law, uniform parentage, domestic violence and¶
Rule 16.15 includes family law, uniform parentage, domestic violence and guardianship of the person. 2. Evidentiary hearings on family law matters with time requirements of 20 minutes or less will be heard on the Request for Order Calendar. Evidentiary hearings with
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time requirements in excess of twenty (20) minutes will be set directly from the RFO calendar for a long cause hearing or trial. 3. Family Law Trials will be set for trial from the RFO calendar. A matter is placed on calendar for trial setting by filing an At-Issue Memorandum (form FL.090). A matter will normally be placed on a RFO calendar within ninety (90) days of the filing of the At-Issue Memorandum and will be set for trial within the eight (8) weeks following the RFO calendar. 4. Short Cause Hearing, Long Cause Hearing and Trial defined: a. Short cause hearings – twenty (20) minutes or less on the Request for Order Calendar allowed at the discretion of the judge on the Tuesday and Wednesday calendars. If no responsive declaration is filed and proof of service is on file showing timely service the Court will consider not allowing a response at the hearing and/or awarding immediate attorney’s fees to the moving party. b. Long cause hearings – hearings longer than twenty (20) minutes allowed at the discretion of the judge from the short cause hearing calendar. These are NOT trials and result in temporary orders, pending final resolution of the matter. 1) These evidentiary long cause matters are heard on the declarations filed in the moving and responding papers and testimony pursuant to Family Code §217. The parties are permitted to testify without advance written notice. Reasonable cross-examination of a party declarant may be permitted without advance notice. c. The parties are required to file, within one (1) day of the RFO calendar, a Statement of Issues and Contentions or the party will be restricted to the four walls of the pleadings filed by both parties and the Statement of Issues and Contentions filed by opposing party. d. Trials (of any length) – cases where At-Issue Memorandums have been filed with the Statement of Issues and Contentions with attached documents with the Court and opposing party or counsel, if represented. e. Hearing briefs shall be filed five (5) Court days prior to the hearing date. Exhibit Lists and Witness Lists shall be exchanged no later than five (5) days before the long cause hearing. 5. The purpose of the following Rules is to ensure that family law matters are not set for trial or long cause hearing until adequate case and trial preparations have been completed. B. PRELIMINARY TRIAL PAPERS (Not Applicable to Long Cause Hearings) 1. All of the following papers, which shall be known collectively as Preliminary Trial Papers, shall be served and filed with, or no more than thirty (30) days prior to, the At-Issue Memorandum: a. Fully completed current Income and Expense Declaration. (See Butte County Superior Court Local Rules, Rule 16.12.)
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b. Declaration Regarding Service of Final Declaration of Disclosure [Judicial Council Form FL.141]. Only required in Dissolution, Legal Separation, and Nullity cases, unless specifically ordered by the Court. c. UCCJEA Declaration Form. d. Statement of Issues, Contentions, and Proposed Disposition, with a full and complete statement of the factual basis in support of each contention. The statement shall cover all issues to be raised at trial, including, where appropriate: 1) Child custody, visitation, and timesharing; including what orders are issued and what the actual current timeshare and custody arrangements are and for how long they have been in effect. 2) Child support, including a computer-generated or other calculation of support; 3) Spousal support; 4) Characterization of property as separate or community, the nature, extent, and terms of payment of any encumbrance against the property, and the manner in which title has been vested since the acquisition of the property; 5) A proposed method for disposition of tangible personal property (i.e., household items and tools), such as by agreement of the parties, sealed bid, “piece-of-cake” (or “two pile”), appraisal and alternate selection, or sale; 6) Regarding funds held by others, such as insurance policies or retirement benefits, the basis for calculation of the present value, if applicable, all terms or conditions imposed upon the withdrawal of the funds, and details regarding any outstanding loans against any of the funds; 7) Terms of payment of any debts or obligations and any security held by the creditor; 8) Any claims against the community or the other party, including Epstein credits for post-separation payments of community debts, Watts charges for use of community assets, reimbursement for post-separation payments of the other party’s separate obligations, Family Code §2640 reimbursement for separate property contributions to the acquisition or improvement of community property; 9) Calculation of any community property interest in separate property (Moore-Marsden); 10) In tracing an asset that is contended to be part community and part separate, the statement shall describe the asset, its date of acquisition, its value, the dates and amounts of payments upon the purchase of the asset or nature and extent of the transaction which resulted in its acquisition, and a statement of the segregation of
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the total value of the asset as to its community and separate property values; 11) Witness List (of all non-impeachment witnesses) including name, address, telephone, statement of issue expected to testify to 12) Expert witness name, business address, telephone, statement of issue upon which the expert is expected to offer testimony statement of qualifications of expert and copy of the expert’s curriculum vitae. Any written report of the expert shall be provided no later than forty-five (45) days prior to trial. a. If the expert is retained less than forty-five (45) days before the trial, then the above information shall be provided as soon as is possible but in no event later than thirty (30) days before trial. 13) Exhibit List (of all non-impeachment exhibits). The actual exhibits shall be exchanged at least five (5) days prior to trial; they will be served at the same time as the trial brief; 14) Statement of unusual items and copies of appraisals performed of these items (oriental rugs, sterling silver, unusual jewelry, collections (ex: dolls, antique tools, handcrafted items)) or a statement that the parties have agreed to a particular value or to a particular appraiser; 15) Statement that statistical facts are undisputed, or if contested, what the differences are and the basis for the party’s contentions; 16) Statement of the educational debts incurred for which reimbursement is sought and the conditions under which it was incurred, the amounts repaid to date, if any, and the degree earned, if any; 17) Statement of the circumstances around any domestic violence restraining orders issued, domestic violence allegations and what supporting documentation is expected to be presented at trial; 18) Statement of the circumstances around any alleged habitual drug or alcohol use, if a custody matter, and what supporting documentation is expected to be presented at trial; 19) Spousal support – all of the factors in Family Code §4320 et seq should be addressed individually; 20) Attorney’s fees and costs; the stated attorney’s fees shall include a declaration by the attorney (“Cueva declaration”) as well as copies of all billing statements for which a contribution to fees and costs is sought. For any expert for which costs are sought, a declaration and copy of their billing statements shall also be served; 21) A statement that all discovery has been completed;
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- A statement concerning what current orders are in effect (if any), and when they were issued; 23) Any claim for breach of fiduciary duty; 24) Any other issue to be presented to the Court; 25) A copy of completed Schedule of Assets & Debts (JC Form FL- 142) previously exchanged; e. The written statement of any expert witness, prepared as a separate document, encaptioned “Declaration in Lieu of Testimony,” made by affidavit or declaration under penalty of perjury, and including the expert’s address and telephone number. The statement shall be received into evidence unless the opposing party, within thirty (30) days, serves and files a written demand that the witness be produced in person to testify at the hearing. Any portion of the statement that would be inadmissible if the witness were testifying in person is subject to an objection and motion to strike at trial. f. It is the policy of the Court that: 1) Vehicles will normally be valued at mid-range Kelly blue book; 2) Furniture, furnishings and tools are valued at “garage sale” type prices; 3) Personal clothing is normally awarded without value to the party who wears said clothing. 2. An At-Issue Memorandum that is not accompanied by all of the foregoing will be returned and the case will not be set for trial. 3. The responding party shall serve and file his or her Preliminary Trial Papers no later than thirty (30) days after service of the At-Issue Memorandum. This period may be extended to sixty (60) days by filing and serving a statement that the additional time is needed to prepare the Preliminary Trial Papers. This statement shall specify why the additional time is needed, and shall be served and filed within ten (10) days of the service of the At-Issue Memorandum. Any statement filed in bad faith or solely for the purpose of delay shall be cause for sanctions. a. Any misuse of the At-Issue process which attempts to prevent normal discovery by the opposing party, may be sanctioned or fees may be awarded. 4. No less than thirty (30) days before trial, each party shall serve and file a list of any experts the party expects to call at trial, including the name, address, and telephone number of the expert, a brief narrative statement of the qualifications of the expert, and a brief narrative statement of the general substance of the testimony that the expert is expected to give. Within fifteen (15) days of service of the expert witness list, either party may file a supplemental list of expert witnesses containing all of the same information. 5. Any party who believes that the case is not ready to be set for trial may within ten (10) days of mailing or personal service of the At-Issue Memorandum, file a Notice of Motion in Opposition to Trial Setting. LOCAL RULE 16 - FAMILY LAW
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C. FINAL TRIAL PAPERS (Not Applicable to Long Cause Hearings) 1. At least five (5) Court days before the trial, each party shall serve and file all of the following, which shall be known collectively as Final Trial Papers: a. A statement summarizing undisputed issues and disputed issues, with an updated estimate of trial time; b. Current Income and Expense Declaration; c. Updated Statement of Assets and Debts, if appropriate; d. Supplemental Statement of Issues, Contentions, and Proposed Disposition, detailing any changes or additions since the initial Statement of Issues. No party shall be allowed to raise at trial any issue not adequately disclosed in that party’s initial or supplemental Statement of Issues. e. A statement identifying each witness the party reasonably anticipates it is likely to call at trial; however, this does not apply to rebuttal witnesses. Only witnesses so listed will be permitted to testify at trial, except for good cause shown. The statement shall specify the name, address, and telephone number of each witness, a general statement of the issues that will be addressed by the testimony of the witness, and a time estimate for the direct examination of the witness. f. A list of exhibits, rather than the exhibits themselves, shall be filed with the Court. Parties shall exchange legible copies of all exhibits the party reasonably anticipates will be introduced at trial. Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown. The parties are encouraged to have their exhibits premarked. The exhibits are to be exchanged between the parties, not just a list of exhibits, unless the parties stipulate that the exhibit list is sufficient, with only the exhibit list going to the Court. g. A complete set of attorney’s bills and statements to date, if attorney’s fees are in issue. 2. The filing party shall serve the Final Trial Papers on the other parties in a manner to assure actual delivery to the other parties no later than five (5) Court days before the trial (mailing 5 days before trial is not compliance). 3. A Trial Brief setting forth the applicable law is required. All Trial Briefs shall be filed and served in a manner to assure actual delivery to the other parties and to the Court no later than five Court days before trial. 4. Meet and Confer Statement: Each party (or their attorney, if represented) is required to file a declaration that they in fact met and conferred in an attempt to settle any and all issues prior to trial. The statement shall be filed and served on the opposing party five (5) Court days prior to trial. If the meet and confer effort resolves issues, the parties shall so note in their Supplemental Statement of Issues and Contentions. D. CONTINUANCE
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Except as set forth below, no case shall be continued from the RFO calendar except
upon an affirmative showing of good cause, such as unavoidable unavailability of
a party, attorney, or essential witness.
2. At the request of both parties, the Court may continue a case from the RFO
calendar one (1) time to a subsequent RFO calendar for purposes of potential
settlement in any of the following ways:
a. Referral of a matter with a time estimate in excess of one day for a
mandatory settlement conference.
b. A joint request by all parties based upon their representation that they will
conduct an informal settlement procedure (such as a meeting of all parties
and attorneys) and that they believe there is a reasonable likelihood that
some or all of the issues will resolve.
c. Attendance by all parties and counsel at a settlement conference or
informal settlement meeting is mandatory. Failure to attend and be
prepared for any settlement conference or meeting may constitute
sufficient cause for imposition of sanctions pursuant to California law,
including, but not limited to, Code of Civil Procedure §575.2 and
California Rules of Court, Rule 2.30.
3. Should parties wish a continuance from the RFO calendar other than to pursue a
settlement (See #2 above) they must provide a written stipulation to that effect to
the Court at least five (5) days prior to the RFO calendar. If only one party wishes
a matter continued, that party has the burden of showing good cause why the matter
should be continued which the Court in its discretion may grant or deny.
Continuances are looked upon with disfavor.
E. RESERVED
F. CONTINUANCES FROM REQUEST FOR ORDER CALENDAR
1. Requests for continuances are looked on with disfavor unless good cause shown
and will not be granted unless good faith attempts to contact the opposing party
have been made prior to the day of the hearing. Parties are encouraged to stipulate
in writing to a continuance at least five (5) days prior to the hearing which is to be
continued.
G. SANCTIONS FOR NON-COMPLIANCE WITH LOCAL RULES. Failure to fully
comply with the foregoing Rules, in the absence of good cause, may result in the other
party being granted a continuance and may subject the offending party, or his or her
attorney, or both, to sanctions pursuant to California law including but not limited to
California Rules of Court, Rules 2.30 and Code of Civil Procedure § 575.2.
H. RESERVED (Effective date 7/1/90, as amended 7-1-01, renumbered 1/1/04, as amended 7/1/04, as amended
7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/12, as
amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17, as amended 1/1/18, as amended
1/1/20, as amended 7/1/25, as amended 1/1/26)
16.16 VALUATION DATE FOR ASSETS OTHER THAN TRIAL DATE (Effective date 7/1/90, renumbered 1/1/04)
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A. A party seeking a valuation date for community property other than the date of trial shall serve and file a notice of motion to be heard not later than thirty (30) calendar days before the trial date. (Family Code §2552) (Effective date 7/1/90, renumbered 1/1/04) 16.17 APPROVAL OR INCORPORATION OF PROPERTY SETTLEMENT AGREEMENT (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/17, as amended 7/1/17, as amended 1/1/20, as amended 4/20/20) A. No property settlement agreement shall be approved by the Court or incorporated by reference in a judgment unless: 1. The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation, or both parties and their attorneys have endorsed approval of the agreement on the form of the stipulation for judgment; B. The agreement is signed and acknowledged by the parties; and 1. If both parties are represented by counsel, the agreement is signed by bothattorneys, or 2. If only one party is represented by counsel, the attorney for that party signs the agreement and the other party signs and acknowledges the agreement. 3. If neither party is represented by counsel, both parties shall sign and acknowledge the agreement. C. If either or both parties have applied for and/or are receiving public assistance, or have requested enforcement, then the proposed Property Settlement Agreement shall be presented to the Butte County Department of Child Support Services for approval prior to its presentation to the Court for approval. (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/17, as amended 7/1/17, as amended 1/1/20, as amended 4/20/20) 16.18 DEFAULT OR UNCONTESTED JUDGMENT (Effective 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/17, amended 7/1/18, as amended 7/1/20, as amended 7/1/21) A. GENERAL POLICY B. JUDGMENT BY DEFAULT C. DOCUMENTS D. CHILD CUSTODY AND VISITATION E. CHILD SUPPORT F. SPOUSAL OR PARTNER SUPPORT G. REAL PROPERTY H. RESTORATION OF NAME I. FORMAT OF JUDGMENT J. PREPARATION & SUBMISSION OF PROPOSED ORDER… K. RESTRAINING ORDERS L. FINALITY OF JUDGMENT OF DISSOLUTION
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M. NUNC PRO TUNC JUDGMENTS N. FEE WAIVERS O. RELIEF INCONSISTENT WITH PETITION A. GENERAL POLICY 1. Where a Judgment of Dissolution, Nullity or Legal Separation of spouses in a marriage or partners in a domestic partnership is sought to be obtained by written agreement of the parties after a response has been filed (uncontested), or by default, the affidavit provisions of the Family Code may be used. 2. Judgments of Nullity of Marriage or Nullity of a Domestic Partnership require a Court hearing (Mandatory Form FL.120 must be filed). 3. Generally uncontested and default family law Judgments shall be obtained by declaration. However, a hearing may be set upon request of a party or by a Court order. B. JUDGMENT BY DEFAULT 1. Unless the Court orders otherwise, a default will not be entered based on notice and acknowledgement of receipt signed by a person other than the party to whom it is directed. C. DOCUMENTS 1. A Judgment Checklist: Dissolution/Legal Separation (Judicial Council form FL- 182) or Family Law Parentage Judgment Checklist (form FL.050) should be completed and filed with any proposed default or uncontested Judgment that is submitted to the Clerk's Office pursuant to Family Code §2336. All documents described in those checklists should also be submitted. D. CHILD CUSTODY AND VISITATION 1. If Petitioner is asking for a default Judgment in a dissolution, legal separation, or in a parentage or custody and support case, and has a child with the other parent and one or more of the following apply: a. Does not already have a custody and visitation order, b. Did not file a Child Custody and Visitation Application Attachment (Judicial Council Form FL-311) or a specific proposed order with the Petition, c. Does not already have a Marital Settlement Agreement or Stipulated Judgment, then the Petitioner shall complete, file and serve by mail or in person a Declaration for Default Custody and Visitation Orders (form FL.030) at least fifteen (15) calendar days before the Judgment is submitted. 2. A copy of the filed Declaration and proof of service (Judicial Council Form FL- 330/FL-335) shall be submitted to the Court with any proposed Judgment. 3. If Petitioner is obtaining the Judgment by default hearing, the Petitioner does not have to file and serve the Declaration for Default Custody and Visitation Orders
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(form FL.030) but must be prepared to talk about the factors requested in the Declaration at the default Court hearing. E. CHILD SUPPORT 1. Where Judgment is obtained by default and there is no attached written agreement concerning child support, an attached Declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the gross and net income of each party, the name and birth date of each child, and the amount of support for each child as calculated according to California child support guidelines. A computerized printout of the guideline calculations, including the findings page, may be substituted for the support portion of this Declaration. 2. Where a child support order is sought and the party to whom support is to be paid is receiving public assistance or the Department of Child Support Services (DCSS) is enforcing existing child support orders, that fact shall be set out in the Judgment and the issue shall be reserved for enforcement by DCSS. The party shall further list the Court case number on the DCSS action. F. SPOUSAL OR PARTNER SUPPORT 1. The issue of spousal or partner support for each party must be addressed in the Judgment. A support amount may be requested, spousal or partner support may be terminated, or the issue of spousal or partner support may be reserved. 2. If a request is made for: a. Establishing by default a permanent spousal or partner support for Petitioner or Respondent, or b. Terminating by default spousal or partner support for the Respondent, in a "marriage of long duration" (as defined in Family Code §4336(b)), and there is no attached written agreement concerning spousal or partner support, Petitioner shall file and serve by mail a Declaration at least fifteen (15) calendar days before filing the Judgment stating the following: 1) The effective date of the order sought 2) The proposed duration of support sought 3) The amount of support sought 4) The gross and net income of both parties 5) Information regarding relevant factors under Family Code §4320 c. The Proof of Service by mail form (Judicial Council Form FL-335) for service of this Declaration shall be filed with the Court before filing the proposed Judgment. d. This section does not apply to requests for termination of permanent spousal support in marriages not of long duration under Family Code §4336(b). G. REAL PROPERTY 1. All real property referred to in a Judgment shall be described by its complete common address and/or legal description.
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H. RESTORATION OF NAME 1. Restoration of a party's former name shall be ordered in a Judgment only upon that party's written request or request in open Court. I. FORMAT OF JUDGMENT 1. All orders concerning child custody, child visitation, child support, spousal support and attorney fees, as applicable, shall be set forth in the body of the judgment. As to these specific matters, reference to an attached written agreement of the parties is not acceptable. 2. The division of the community estate and confirmation of separate property, as applicable, may be set forth either in the body of the judgment or in an attached agreement incorporated in the judgment by reference. 3. Any jointly agreed-upon judgment or marital settlement agreement shall have the signatures of both parties notarized, or otherwise authenticated. J. PREPARATION AND SUBMISSION OF PROPOSED ORDER AFTER HEARING 1. The preparation and submission of the proposed Order After Hearing shall be pursuant to California Rule of Court, Rule 5.125. K. RESTRAINING ORDERS. All restraining orders in a judgment issued pursuant to Family Code §§2045(a) and 6322 must be followed by the date of expiration of such order. L. FINALITY OF JUDGMENT OF DISSOLUTION 1. No Judgment for the dissolution of marriage shall be final until six (6) months have expired from date of service of summons and petition or date of appearance of respondent. The Judgment shall specify the date on which the Judgment is finally effective for the purpose of terminating the marriage relationship of the parties. (Family Code §§2338 and 2339). 2. Upon noticed motion and good cause shown, or stipulation of the parties, the Court may retain jurisdiction over the date of termination of the marital status, or order the marital status terminated at a future specified date (Family Code §2340). M. NUNC PRO TUNC JUDGMENTS. To be entered nunc pro tunc, a Judgment must comply with FAMILY CODE §2346. N. FEE WAIVERS AT TIME OF ENTRY OF A JUDGMENT 1. Pursuant to Government Code §68637, subsections (d) and (e), all fee waivers will be subject to review by a judicial officer at the time a Judgment is submitted for signature and entry. At such time, the judicial officer may specify at his/her discretion that a Judgment not be entered except upon payment of all outstanding fees or upon the granting of a new fee waiver upon submission of a new application. Nothing in this Rule limits the Court's ability to review fee waivers during the proceeding per Government Code §68636. O. RELIEF INCONSISTENT WITH PETITION 1. Except by written agreement or as may be permitted by law, the Court will not grant relief that is inconsistent with the relief requested in the Petition. The Court on its own motion may require the party to appear to justify the relief requested.
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(Effective 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/17, as amended 7/1/18, as amended 7/1/20, as amended 7/1/21) 16.19 MINOR’S COUNSEL (Effective 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 1/1/25, as amended 7/1/25, as amended 1/1/26) A. Appointment of Minor's Counsel, see California Rules of Court, Rule 5.240. B. Compensation of Minor's Counsel, see California Rules of Court, Rule 5.241. C. Qualifications of Minor's Counsel, see California Rules of Court, Rule 5.242. D. Rights and Responsibilities of Minor's Counsel, see California Rules of Court, Rule 5.242(i)-(k). E. Minor’s Counsel Costs and Submission of Claims 1. The Court authorizes minor’s counsel costs to be reimbursed at the rate set for the in Butte County Superior Court Local Rules, Rule 14.2 to be paid initially by the Court. Claims submitted by counsel must comply with Butte County Superior Court Local Rules, Rule 14.6(A). F. Recovery of Minor's Counsel Costs 1. DETERMINATION. The Court reserves the right to hold an Ability to Pay hearing when Minor’s Counsel leaves the case, or annually after one year from the date of appointment, to determine whether either parent has any ability to repay all, some, or none of the cost of Minor’s Counsel. Both parents are required to file an Income and Expense Declaration (FL-150) upon entering the case. Within thirty (30) days of the Court’s order relieving Minor’s Counsel, or on order of the Court subsequent to an annual review both parents are required to file a current Income and Expense Declaration (FL-150). Service of these documents on the other party is not required. The Court will review the parties’ financial information to determine whether either parent or both has the ability to repay the Court for Minor’s Counsel services. a. Failure to timely file the required documents can result in a finding of contempt of Court and can result in an order to perform community service, pay a fine, and serve jail time (Code of Civil Procedure §§1209, 1208). b. The Court may consider the failure to timely file the documents ordered by the Court as a waiver by that party of any objection to the Court’s findings and order on the cost of Minor’s Counsel and ability of that party to pay. c. The Court may rely on the case history and relevant documents in the case file in addition to any documents ordered to be filed for the Court’s determination on ability to pay. 2. ORDER. The Court will issue a written decision. Parties may file an objection to the ability to pay determination and submit further evidence by filing Local form Request for Review of Ability to Pay Determination; and Order Addressing Request (FL.130) within thirty (30) days of the Court’s order. 3. PAYMENT. Parties are to remit payment within sixty (60) days of a Court order.
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G. Minor’s Counsel Complaint Process
1. Complaints concerning Minor’s Counsel shall be dealt with as follows:
a. Parents, parties and/or attorneys desiring to file a complaint regarding the
performance of Minor's Counsel may submit a written complaint to the
Supervising Judge of the Family Division, utilizing the Family Court –
Minor’s Counsel Complaint Form. The form is available in the Clerk’s
Office.
b. Written complaints or forms can be returned to:
Court Administration
Superior Court of California, County of Butte
1775 Concord Avenue
Chico, CA 95928
c. Written acknowledgement that the Court has received the complaint will
be sent to the complainant. If further action is needed, the investigation
process shall be completed within ninety (90) days. If warranted, the
attorney named in the complaint will be given notice of the complaint and
an opportunity to respond. At the conclusion of the investigation a written
notice of the final action shall be sent to the complainant. (Effective 7/1/04, as
amended 7/1/08, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended
1/1/25, as amended 7/1/25, as amended 1-1-26)
16.20 RESERVED (Effective 1/1/19)
16.21 POLICIES FOR FAMILY LAW(Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended and renumbered 7/1/04, renumbered 1/1/11) A. COMMENT: The Court believes it is important for counsel and litigants to know prehearing what the general policies of the Court are on certain issues that arise in the Family Law area; therefore, the Court has adopted certain "Court Policies" which it follows except in the unusual case. The Court reserves to itself the continuing discretionary power it has in making any final determination on these issues on a case by case basis. The goal and intention of the "Court Policies" is to encourage and enhance the ability of counsel and the parties to settle these matters without a Court hearing wherever possible. C. COURT POLICY # 1 RESERVED D. COURT POLICY # 2 RESERVED E. COURT POLICY # 3 RESERVED F. COURT POLICY # 4 RESERVED G. COURT POLICY # 5 CHILD SUPPORT WHEN CHILDREN ARE SEPARATED 1. In this situation the Court will use the "set off" approach. The Court will apply the Guidelines to determine the support owed by the low wage earner and then determine the amount owed by the high wage earner, and then subtract the difference to determine the amount due from one party to the other. H. COURT POLICY # 6 TRAVEL EXPENSE RELATIVE TO VISITATION [COSTS]
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If the parties live in the same county or within fifty (50) miles of each other, the
M. COURT POLICY # 11 RESERVED N. COURT POLICY # 12 RESERVED O. COURT POLICY # 13 RESERVED P. COURT POLICY # 14 MEDIATION POLICY AND REFERRALS 1. It is the Court’s policy that all family law issues should be mediated in order to help resolve issues which the parties and counsel are unable to resolve without assistance. The parties should first attempt mediation whenever feasible and whenever doing so will not create an undue hardship. At all hearings on family law issues, before setting and proceeding to trial, the Court will consider whether to recommend mediation as an alternative to Court intervention, and whether to continue the matter for the purpose of allowing mediation. (Effective 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended and renumbered 7/1/04, renumbered 1/1/11)
Court will ordinarily divide any minor travel expenses equally between the parties.
2. If visitation requires air travel or automobile travel over long distances, the Court
will ordinarily apportion costs based upon net disposable income, and the share of
the payor spouse shall be added to his/her amount of support as set forth in the
County Guidelines.
3. The Court may vary from this approach if one party has unnecessarily or
unreasonably caused the need for payment of travel expenses.
I. COURT POLICY # 7 RESERVED
J. COURT POLICY # 8 RESERVED
K. COURT POLICY # 9 JOB RELATED EXPENSES AND BENEFITS
1. [SEE FAMILY CODE §4059]
2. Employee benefits may or may not be included as part of net income in the Court's
discretion, taking into consideration the benefit to the employee, the corresponding
reduction in living expense, and any other relevant facts.
L. COURT POLICY # 10 RESERVED
16.22 RESULT OF FAILURE TO COMPLY (Effective date 1/1/09, renumbered 1/1/11) A. Failure to comply with any of the Rules contained within Rule 16 (16.1-16.20) may result in any of the following on request of an opposing party or on the Court's own motion: 1. Making an order based solely on the pleadings properly before the Court. 2. Making or vacating orders as the Court deems appropriate under the circumstances. 3. Continuing the matter. 4. Awarding attorney's fees and costs against the non-complying party, without the requirement of filing either an Income and Expense Declaration or a noticed motion. 5. Removing the matter from calendar.
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B. The Court retains discretion to excuse non-compliance with any Rule or Rules on a showing of good cause. (Effective date 1/1/09, renumbered 1/1/11) 16.23 RESERVED (Effective date 1/1/10, as amended and renumbered 1/1/11, as amended 1/1/12, as amended 1/1/17, as amended 1/1/20) 16.24 CONTEMPT HEARINGS (Effective 1/1/12) A. If a party cited for contempt appears without an attorney, one continuance normally will be granted to permit the citee to retain counsel. B. If the citee claims to be indigent, the citee will be ordered to fill out a Financial Information Statement in the Court Compliance office. If citee is found to be indigent, an attorney shall be appointed to represent the citee. C. The citee will be ordered to be present at the time and date set for the continued hearing, thus avoiding further service. D. In all contempt proceedings, a specific order of proof is preferred. First, the moving party shall introduce in evidence the prior order of the Court (by judicial notice or otherwise) which order was in full force and effect at the time of the alleged contempt. Second, the moving party shall establish that the opposing party had notice of that order. Third, the moving party shall proceed to establish the violation of that order, and the willfulness of that violation. E. As to contempt for failure to pay child support, parties and their attorneys, if represented, are expected to be familiar with Code of Civil Procedure §1209.5. F. The moving party and their attorney, if represented, shall be thoroughly prepared to present all required evidence clearly and expeditiously, without calling the citee to testify. G. After the contempt hearing, it shall be the responsibility of the moving party to prepare an order for the signature of the Court, setting forth the findings and orders of the Court. Such an order will be submitted directly to the Court, without approval as to form and content by the self-represented litigant. If the responding party is represented by counsel, it shall be submitted to counsel for approval. H. The party or attorney preparing the Order After Hearing must set forth all findings of the Court including factual findings of the existence and current validity of a described order, knowledge of the contemptor of that order, the violation of that order, and the willfulness of that violation. Thereafter, there shall be set forth the orders of the Court with regard to the finding of contempt, and the sentencing. No contempt order will be signed by the Court without compliance with the foregoing. I. After a finding of contempt and sentencing thereon, there is no Court policy that a stay of execution will be granted. Counsel are expected to advise their clients of this fact in advance of the Court hearing. J. In appropriate cases, the Court may permit a continuance of sentencing to assure compliance with Court orders. K. If the citee fails to appear for hearing after proper service and proof being made thereof, the matter will proceed to hearing in the citee's absence. (Effective 1/1/12)
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16.25 PETITIONS TO TERMINATE PARENTAL RIGHTS AND FREE A MINOR FROM PARENTAL CUSTODY AND CONTROL (Effective 1/1/15) A. Any party or attorney seeking to file a petition to terminate parental rights and free a minor from the custody or control of a parent, pursuant to California Family Code §7881 et seq., must present to the Court clerk appropriate forms of order at the time the petition is filed. Petitions presented without appropriate forms of order will not be filed. B. A party or attorney is encouraged to use a standard form of order, including any forms available through the Butte County Superior Court website. (Effective 1/1/15) 16.26 ADOPTIONS (Effective 1/1/15) A. Any party, agency or attorney seeking an order of adoption must present to the Court clerk an Adoption Request (Judicial Council Form ADOPT-200), Adoption Agreement (Judicial Council Form ADOPT-210) and an Adoption Order (Judicial Council Form ADOPT-215) before a hearing for an order of adoption will be calendared. These forms are also available in the Court Clerk’s Office and Self-Help Assistance & Referral Program Office. B. A party or attorney is encouraged to use standard forms of order available through the Judicial Council website; including following the instructions on How to Adopt a Child in California (Judicial Council Form ADOPT-050). (Effective 1/1/15) 16.27 PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND VISITATION) (Effective date 7-01-18) A. Role of the Parenting Coordinator 1. A Parenting Coordinator is a mental health professional, or family law attorney, who specializes in helping high-conflict parents resolve disputes regarding their children. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, mediation, facilitated negotiation, and conflict and communication management. When parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, the Parenting Coordinator makes recommendations or decisions on issues that are specified in a stipulation and order. The ultimate goal is to help parents learn to resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process. B. Selection and Appointment of Parenting Coordinator 1. Timing a. A Parenting Coordinator may be appointed at any time during a proceeding involving child custody or visitation issues, upon the stipulation of the parties and subject to the approval of the Court. C. Procedure 1. Appointment a. The parties may stipulate to the appointment of a Parenting Coordinator, subject to consent of the individual selected, and subject to the Court's approval. The Parenting Coordinator's role, powers, duties, term, and incidental matters should be set forth in a written stipulation and order.
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(See form FL.100, Stipulation and Order Appointing Parenting Coordinator.) 2. Acceptance of Appointment a. The proposed Parenting Coordinator shall have the right to accept or decline any appointment, with or without giving a stated reason. A person proposed as a Parenting Coordinator is required to decline the appointment if he or she knows of any bias or conflict of interest that would prevent him or her from acting fairly and impartially. The Parenting Coordinator shall act pursuant to a written stipulation and order defining his or her role, duties, and fees. The form of order shall be approved by the Parenting Coordinator. 3. Term of Appointment a. The Parenting Coordinator shall be appointed for a specified term or length of time, usually at least one (1) year and not more than three (3) years. This will give the Parenting Coordinator sufficient time to work with the family, while reinforcing the parents' responsibility for their own lives and their child(ren)'s welfare. 4. Legal Authority for Appointment a. There is no specific legal authority for appointment of a Parenting Coordinator. For this reason, a Parenting Coordinator may only be appointed upon the stipulation of the parties. Absent a stipulation for appointment of a Parenting Coordinator, the Court does have authority to appoint a third party (not a Parenting Coordinator) under one or more of the following Code sections: 1) An expert witness under Evidence Code §730; 2) A referee under Code of Civil Procedure §638, et seq. 3) An investigator or evaluator under Family Code §3110 et seq. 4) An arbitrator under Code of Civil Procedure 5) A mediator under Family Code §3160-3186. §1280; 5. Qualifications a. The parties and counsel are responsible for determining whether a proposed Parenting Coordinator is qualified for appointment. Upon request, a proposed Parenting Coordinator must provide the requester with a resume or other documentation of his or her qualifications prior to the filing of a stipulation and order appointing a Parenting Coordinator. b. For the benefit of the parties and counsel the following qualifications are recommended. All Parenting Coordinators should have completed a training twelve (12) hours or more in Parenting Coordination. In addition, Parenting Coordinators should meet the following professional standards at the time of appointment for any of the following. 1) Psychologists, Psychiatrists, Marriage and Family Therapists, and Licensed Clinical Social Workers:
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a) Valid current license to practice in the State of California. b) Experience i. Three (3) years’ post-license experience in child and family therapy and high conflict families, including provision of Court ordered co- parenting counseling; and/or ii. Three (3) years’ experience in evaluations for family Court and/or Children’s Services Division and/or family mediation practice; or iii. Three (3) years’ experience in Court-based family mediation or assessment. b) Training i. Six (6) hours in child development and/or psychology of divorce and custody. ii. Twenty-four (24) hours or more of mediation training is recommended. iii. Familiarity with ethical issues of custody disputes and adherence to the American Psychological Association Guidelines for Parenting Coordinators. iv.Working knowledge of custody law, with a minimum of six (6) cases working with attorneys and/or Court appearances. 2) Attorneys: a) Valid current license to practice in the State of California. b) Experience i. Practicing family law for the last five (5) years. ii. At least twenty (20) custody cases in which the attorney represented a parent or a child. c) Training i. At least thirty (30) hours training in mediation; ii. At least six (6) hours continuing legal education in custody law over the previous three (3) year period; iii. The equivalent of completion of a six (6) hour child development course. iv. Familiarity with ethical issues and practices in providing Parenting Coordination services and the Association of Family and Conciliation Courts guidelines for Parenting Coordination. c. The proposed Parenting Coordinator shall complete and file with this Court a Certificate of Qualifications to Serve as a Parenting Coordinator, Butte County Superior Court Local Rule, Form FL.110. D. Fees 1. A person appointed as a Parenting Coordinator is entitled to charge a reasonable fee commensurate with his or her experience and abilities and to request an
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appropriate retainer (subject to replenishment as it becomes diminished). The order appointing the Parenting Coordinator shall clearly specify the fee arrangement and each party's responsibility for the fee, as determined by the Court or by stipulation. The Parenting Coordinator shall also have the ability to recommend a reallocation of fees as a sanction for obstructive behavior; this power shall also be spelled out in the order. E. Withdrawal and Removal 1. Once appointed, the Parenting Coordinator shall have the right to withdraw upon written notice to the Court and the parties, with or without a stated reason. 2. The Parenting Coordinator may be disqualified on any of the grounds applicable to the removal of a judge, referee or arbitrator, upon noticed motion by either party or the Court, sua sponte, after notice to all parties and the Parenting Coordinator. 3. Neither party may initiate Court proceedings for the removal of the Parenting Coordinator or to bring to the attention of the Court or any other body any grievances regarding the performance or actions of the Parenting Coordinator without meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance. F. Powers and Scope of the Parenting Coordinator’s Authority 1. The Parenting Coordinator shall not make any recommendations that alter a custodial designation of joint, or sole, legal or physical custody established in a current order of the Court, prohibit a party's contact with his/her child(ren), require or prohibit adherence to a religion, or substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than two (2) twenty-four (24) hour periods in twenty-eight (28) days). These decisions and others relating to issues not included among those assigned to the Parenting Coordinator, as set forth in the stipulation and order, are reserved to the Superior Court of California, County of Butte for adjudication. For those matters, a Parenting Coordinator's authority is limited to recommending to the parents (without any recommendation as to the preferred outcome) that the Court be requested to review and consider any such matter. A party who wishes a Court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order in order for the matter to be reviewed and considered. 2. Powers of the Parenting Coordinator; First Level - Authority to Make Binding Decisions a. The Parenting Coordinator shall have authority to make binding decisions, if the parties so stipulate, on matters relating to daily routines, management of services provided by third parties and minor alterations in the visitation schedule. Subject to the stipulation of the parties, the Parenting Coordinator has the authority to make decisions regarding the issues set forth below and such decisions are effective as orders when made. The decisions will continue in effect unless modified or set aside by a Court of competent jurisdiction. Parenting Coordinator decisions on these matters shall be communicated to parties and counsel in person, by telephone,
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mail, fax, email or email attachment and/or personal delivery, and will take effect immediately upon issuance. 1) Minor alterations in schedule that do not substantially alter a child's time with either parent during a thirty (30) day period. 2) Dates, times, designated person, location and method of pick-up and delivery. 3) Sharing of parent vacations and holidays. 4) Responsibility for transportation of the child(ren) to accommodate time-sharing between the parents. 5) Selection of child care/daycare and babysitting providers. 6) Childrearing disputes such as bedtime, diet, clothing, homework, and discipline. 7) Participation in after school, enrichment, and athletic activities. 8) Scheduling disputes arising from after school, enrichment, athletic, religious education and training and other activities. 9) Health care management, such as scheduling appointments, and determining who attends appointments and responsibility for reporting the outcome of any appointments to the other parent. 10) Participation of others in a parent's designated time with the child(ren), significant others, relatives, etc. 11) In the case of infants and toddlers, increasing time share when developmentally appropriate. 12) Right of first refusal for child care responsibilities. 13) Scheduling swaps of custodial time. 14) Coordinate participation in Court-ordered alcohol and drug monitoring or testing, including setting a process for selection of monitors or testers if the parents cannot agree. 15) Other matters, subject to the stipulation of the parties and the approval of the Court. 3. Powers of the Parenting Coordinator; Second Level – Authority to Make Recommendations to the Court a. The Parenting Coordinator shall have authority to make recommendations on issues having a longer-term impact on the child(ren)'s best interests, short of changes in physical or legal custody or substantially limiting parents' access to child(ren). The Parenting Coordinator has the authority to make recommendations on the issues set forth below. The recommendations shall be submitted to the Court, which may approve them and enter them as Court orders.
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Alterations in schedule that do not increase or decrease the
child(ren)’s time with either parent by more than two (2) twenty-
four (24) hour periods in twenty-eight (28) days.
2) Coordinating church attendance and religious classes.
3) Large changes in vacation and holiday timeshare.
4) Supervision of the child(ren)’s contact with a parent.
5) Private or public school education.
6) Appointment of counsel for the child(ren).
7) Recommending a child custody investigation, evaluation or re-
evaluation, including setting a process for selection of a
professional when the parents cannot agree.
8) Recommending participation by parents and/or child(ren) in
alcohol and drug evaluation, monitoring, and/or testing.
9) Recommending participation by the parents and/or child(ren) in
health services, including physical and psychological
examinations, assessments, and psychotherapy, and including
recommending a process for selection of providers.
a) A Parenting Coordinator's recommendation on these
matters shall be served on the Court, parties, and counsel
by mail, fax, or personal delivery. Either party shall have
the right to request a written explanation from the
Parenting Coordinator of any recommendation, which
shall be provided within ten (10) calendar days to both
parties, counsel, and the Court. The Parenting
Coordinator recommendations shall be subject to
adoption by the Court as an order unless either party files
and serves a motion objecting to entry of the order within
twenty (20) calendar days of service of the
recommendations.G. Procedure for Implementing Recommendations 1. The Parenting Coordinator's decisions on first-level matters shall be communicated to parties/counsel orally and/or in writing, in person, by telephone, fax, email or email attachment, and/or mail, and take effect immediately. 2. The Parenting Coordinator's recommendation on second-level matters shall be communicated in writing to the Court, parties and counsel by mail, fax, or personal delivery. The Parenting Coordinator's recommendations are subject to adoption by the Court as an order after fifteen (15) calendar days unless either party files and serves a motion objecting to entry of the order. Either party should have the right to request a written explanation of any recommendation, to be provided within twenty (20) calendar days, to the other party, counsel, and the Court. H. Cooperation and Communications
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Both parents shall participate in the dispute resolution process as defined by the
Parenting Coordinator and shall be present when so requested by the Parenting
Coordinator. The Parenting Coordinator may conduct sessions that are informal in
nature, by telephone or in person, and need not comply with the Rules of evidence.
No formal record need be made, except the Parenting Coordinator's written
decision and recommendations and the parents' mutual agreements. The
ParentingCoordinator shall have the authority to determine the protocol of all
interviews and sessions including, in the case of meetings with the parents, the
power to determine who attends such meetings, including individual and joint
sessions with the parents. The Parenting Coordinator shall have the authority to
communicate with the child(ren) and/or and other relevant third parties.
2. The parents shall provide all reasonable records, documentation, and information
requested by the Parenting Coordinator.
3. The Parenting Coordinator may utilize consultants as necessary to assist the
Parenting Coordinator in the performance of the duties.
4. The parents and their attorneys shall have the right to initiate or receive ex parte
communication with the Parenting Coordinator under guidelines established by the
Parenting Coordinator. Copies of all written communications to the Parenting
Coordinator including emails are to be provided to the other party. The Parenting
Coordinator may, in his/her sole discretion initiate written communications with a
parent or counsel that are not copied to the other party.
5. The Parenting Coordinator may communicate with the parties' child(ren) outside
the presence of the parents. The Parenting Coordinator may communicate with the
therapists who are treating the parties' child(ren) as well. The Parenting
Coordinator may keep such communications confidential.
6. Except as to communications referenced above, the Parenting Coordinator process
is not confidential. If the Parenting Coordinator is a licensed mental health
professional, no therapist-patient relationship and/or privilege is created by the
stipulation to use a Parenting Coordinator. If the Parenting Coordinator is a
licensed attorney, no attorney-client relationship and/or privilege is created by the
stipulation to use a Parenting Coordinator.
I. Parenting Coordinator Role When Issues Addressed Interrelate With Financial or Property.
1. If issues arise that are outside of the expertise of the Parenting Coordinator,
particularly issues such as support, use or occupancy of property, management of
assets and other financial issues, the Parenting Coordinator shall inform the parties,
and their attorneys that these issues are not within the scope of the Parenting
Coordinator's authority.
J. Immunity; Testimony
1. The Parenting Coordinator is a Court officer and has quasi-judicial immunity. The
Parenting Coordinator cannot be sued based on his/her actions in this matter, so
long as the Parenting Coordinator maintains neutrality and performs quasi-judicial
functions. (See Howard v. Drapkin (1990) 222 Cal.App.3rd 843.) The Parenting
Coordinator's file may not be subpoenaed, and the Parenting Coordinator may not
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K. Format of Order Appointing Parenting Coordinator
1. Parties who stipulate to the appointment of a Parenting Coordinator shall submit a
Stipulation and Order Appointing Parenting Coordinator (Butte County Superior
Court Local Rule, Form FL.100). Court and counsel may fashion individual orders
for unique situations. (Effective date 7-01-18)
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LOCAL RULE 17 JUVENILE COURT RULES (ATTORNEYS REPRESENTING PARTIES IN DEPENDENCY PROCEEDINGS) (Effective 7/1/96, as amended 1/1/02, as amended 1/1/07, as amended 1/1/10, as amended 1/1/11, as amended 1/1/01, as amended 7/1/12, as amended 1/1/14, as amended 1/1/15, as amended 1/1/22, as amended 1/1/25, as amended 7/1/25) 17.1 AUTHORITY A. Welfare and Institutions (W&I) Code §317.6 and California Rule of Court, Rule 5.660. (Effective date 7/1/96, as amended 1/1/07) 17.2 CONFIDENTIALITY NOTICE AND AGREEMENT IN JUVENILE CASES (Effective 7/1/25) A. Juvenile Court proceedings are confidential and not open to the public. An individual who has direct and legitimate interest in a particular case or the work of the Court may attend a Juvenile Court hearing, pursuant to Welfare and Institutions Code § 676, with prior approval of the Court. A request can be made by submitting a Confidentiality Notice and Agreement for Juvenile Cases (Butte County Superior Court Local Rule, Form JV.040) at least five (5) Court days prior to the hearing. Forms shall be submitted to Court Administration, One Court Street, Oroville CA 95965. The Court clerk will notify the requestor of the approval or denial via phone call or official correspondence. (Effective 7/1/25) 17.3 GENERAL COMPETENCY REQUIREMENTS (Effective 7/1/96, as amended 1/1/07) A. GENERAL COMPETENCY REQUIREMENT. All attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence set forth in these Rules. These Rules are applicable to attorneys representing public agencies, attorneys employed by public agencies and attorneys appointed by the Court to represent any party in a juvenile dependency proceeding. B. Every party in a dependency proceeding who is represented by counsel is entitled to competent counsel. (California Rules of Court, Rule 5.660(b)). “Competent counsel” means a state bar member in good standing who is trained in the juvenile dependency law, and who demonstrates adequate forensic skills, knowledge and comprehension of the substantive law of juvenile dependency, the purposes and goals of dependency proceedings, and the procedures for filing extraordinary writ petitions (California Rules of Court, Rule 5.660(b)(1)). C. Attorneys are expected to meet regularly with clients, including children, contact social workers and other professionals associated with the client’s case, work with other counsel and the Court to resolve disputed issues without hearing, and adhere to mandated timelines. The child’s attorney is not, however, required to assume the responsibilities of a social worker, or to perform services for the child unrelated to legal representation. (California Rules of Court, Rule 5.660(b)(4)). D. All attorneys retained, assigned or appointed, are required to adhere to the time lines and the procedures stated elsewhere in these Rules for settlements, discovery, protocols and other issues related to contested matters. (Effective date 7/1/96, as amended 1/1/02, as amended 1/1/07)
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17.4 PRIVATELY RETAINED ATTORNEY (Effective 1/1/14) A. Any privately retained attorney must submit to the Court, at their first appearance or within 10 days thereafter, either (a) a statement of competency with attachments described in 17.5, or (b) documentation they advised their client in writing of their right to be represented by competent counsel and that the client is waiving that right by electing to retain an attorney who does not meet the competency requirements as listed in California Rule of Court, Rule 5.6660 and as further detailed in Butte County Superior Court Local Rules. Documentation under (b) must be attested to and signed by the client and the attorney. (Effective 1/1/14) 17.5 MINIMUM STANDARDS OF EDUCATION AND TRAINING; WORKLOADS (Effective date 7/1/96, as amended1/1/02, as amended 7/1/12, as amended 1/1/14, as amended 1/1/22) A. Each attorney appointed in a dependency matter before the Juvenile Court shall fulfill at least one (1) of the two (2) following minimum standards of competency: 1. Eight (8) hours of training and education in juvenile dependency law, covering the following areas: Applicable case Law and Statutes; Rules of Court; Judicial Council forms; writ procedures; child abuse and neglect; child development; substance abuse; domestic violence; family preservation and reunification; reasonable efforts; instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual and transgender youth in out-of-home placement; or 2. At least six (6) months of regular appearances in dependency proceedings or comparable experience as determined by the presiding juvenile judge, in which the attorney has demonstrated competence to the Court’s satisfaction in the attorney’s representation of his or her clients. B. For an attorney who relies on Butte County Superior Court Local Rules, Rule 17.5(a)(1) to meet the minimum standards of competency, a Certificate of Competency to Practice in Juvenile Dependency Court (Butte County Superior Court Local Rule, Form JV.010) shall be completed by the attorney of record for the dependency matter and submitted to the Court within 10 days of his or her first appearance in a dependency matter. Documentation from the provider of successful completion of the course work must be attached to the Certificate of Competency. Such documentation can include a certificate of attendance at MCLE training, professional organization training (along with a copy of the program schedule) and/or attendance at Court sponsored or approved training. C. For an attorney who relies on Butte County Superior Court Local Rules, Rule 17.5(a)(2) to meet the minimum standards of competency, a Certificate of Competency to Practice in Juvenile Court (Butte County Superior Court Local Rule, Form JV.010) shall be completed by the attorney of record for the dependency matter and submitted to the Court within 10 days of his or her first appearance in a dependency matter. The form will detail the Court in which the six (6) months of regular appearances were made, the time frame of those appearances and the name of the judge(s) presiding over those matters, and whether the appearances were appointments, retained, or pro bono. D. Failure to submit a Certificate of Competency pursuant to Butte County Superior Court Local Rules, Rule 17.5(b), will cause the Court to notify the attorney that his or her right
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to practice in dependency proceedings is revoked. The attorney shall have thirty (30) days from mailing of the notice to submit a Certificate of Competency. If the attorney fails to submit such proof, the Court shall order that the attorney is prohibited from practicing in dependency proceedings and shall appoint certified competent counsel to substitute in. E. Each attorney certified to practice before the Juvenile Court, shall complete eight (8) hours of continuing education related to dependency and submit a new Certificate of Competency to the Court within every three (3) years of their first appearance in the dependency Court of the Juvenile Division of the Butte County Superior Court. Documentation from the provider of successful completion of this course work must be attached to the Certificate of Competency, as described in section (B) above. F. The attorney’s continuing training or education shall be in the areas set forth in Butte County Superior Court Local Rules, Rule 17.5(a)(1), or in other areas related to juvenile dependency practice that has included special education, mental health, health care, immigration issues, the Rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, medication, basic motion practice and the Rules of civil procedure. G. When a certified attorney fails to complete eight (8) hours of continuing education and submit a new Certificate of Competency within three (3) years the Court shall notify the attorney that his or her right to practice in dependency proceedings is revoked. The attorney shall have thirty (30) days from mailing of the notice to submit proof of completion of the required education or training and submit a new Certificate of Competency. If the attorney fails to do so, the Court shall order that the attorney is prohibited from practicing in dependency proceedings and shall appoint certified competent counsel to substitute in. H. The attorney for a child must have a caseload that allows the attorney to perform the duties required by Welfare and Institutions Code §317(e) and the California Rules of Court. (Effective date 7/1/96, as amended 1/1/02, as amended 7/1/12, as amended 1/1/14, as amended 1/1/22) 17.6 APPOINTMENTS (Effective date 7/1/96, as amended 7/1/99) A. The Court will only appoint counsel who have been certified by the Court to represent parents or children in the dependency Court. B. Notification of appointment will be communicated by phone call and copy of written order. C. Billing shall be forwarded to the Court with appropriate documentation for approval. (See Butte County Superior Court Local Rules, Rule 14) (Effective date 7/1/96, as amended 7/1/99) 17.7 STANDARDS OF REPRESENTATION (Effective date 7/1/96, as amended 7/1/99) A. All attorneys appearing in dependency proceedings shall meet the following minimum standards of representation: 1. The attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the Court reports filed in support thereof. This shall include conducting a comprehensive interview with the client to ascertain his or her knowledge of, and/or involvement in the matters alleged or reported and contacting social workers and other professionals
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associated with the case to ascertain that the allegations and/or reports are supported by accurate facts and reliable information
B. The attorney is not required to meet, either directly or through an agent (e.g. an investigator), with a client who is incarcerated or committed out of Butte County. If the attorney believes, however, that such contact is essential to representing the interests of the client, application may be made to the Court. The attorney shall advise the client of the possible course of action and the risks and benefits of each. This shall include advising the client of the risk and benefits of resolving disputed matters without the necessity of a hearing and of the necessity for adhering to Court mandated time limits. C. The attorney shall vigorously represent the client’s interests within applicable legal and ethical boundaries. This shall include the duty to work cooperatively with other counsel and the Court to explore ways to resolve disputed matters without hearing if it is possible to do so in a way which is consistent with the client’s interests, and to comply with Butte County Superior Court Local Rules and procedures as well as with statutorily mandated time limits. (Effective date 7/1/96, as amended 7/1/99) 17.8 TIMELINES (Effective date 1/1/02, as amended 1/1/07) A. Attorneys for parties are required to adhere to the statutory time lines for all hearings. Time waivers will be accepted and continuances granted only on a showing of good cause. Time lines for hearings are as follows: B. DETENTION HEARINGS. Detention Hearings shall be heard no later than the end of the next Court day after a petition has been filed (Welfare and Institutions Code §315; California Rules of Court, Rule 5.667). C. JURISDICTION HEARING. If the child is not detained, the hearing on the petition shall commence within thirty (30) calendar days from the date the petition was filed. If the child is detained, the hearing on the petition shall commence within fifteen (15) Court days from the date of the detention order (Welfare and Institutions Code §334). D. DISPOSITION HEARING. If the child is detained, the hearing on disposition must commence within ten (10) Court days from the date the petition was sustained. If the child is not detained, the disposition hearing shall be begun no later than thirty (30) calendar days after jurisdiction is found (Welfare and Institutions Code §358). E. SIX MONTH REVIEW. The Court is required to review the status of every dependent child within six (6) months of the declaration of dependency and at least every six (6) months thereafter (Welfare and Institutions Code §§364, 366, 366.21; California Rules of Court, Rule 5.710). F. TWELVE MONTH REVIEW. The Court is required to review the status of every child who has been removed from the custody of a parent or guardian within twelve (12) months of the declaration of dependency (Welfare and Institutions Code §366.21; California Rules of Court, Rule 5.715). G. EIGHTEEN MONTH REVIEW. If the child is not returned at the twelve (12) month review, the Court shall conduct a review no later than eighteen (18) months from the date of the original detention (Welfare and Institutions Code §§366.21, 366.22; California Rules of Court, Rule 5.720).
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H. NOTICE OF INTENT TO FILE WRIT PETITION. A Notice of intent to file a petition for
extraordinary writ shall be filed within seven (7) days of the date of the order setting a
hearing under Welfare and Institutions Code §366.26, with an extension of five (5) days if
the party received notice of the order only by mail (California Rules of Court, Rule
8.482B).
I. PETITION FOR WRIT. A petition seeking writ review of orders setting a hearing under
Welfare and Institutions Code shall be served and filed within ten (10) days after the filing
of the record in the reviewing Court (California Rules of Court, Rule 8.482B).
J. RESPONSE TO WRIT PETITION. Any response to a writ petition shall be served and
filed within ten (10) days after the filing of the writ petition or within ten (10) days of
receiving a request for a response from the reviewing Court (California Rules of Court,
Rule 8 — 482B).¶
Rule 8.482B). K. SELECTION HEARING. Selection Hearing for permanent plan shall begin within 120 days of the review at which reunification services are terminated and a hearing under Welfare and Institutions Code §366.26 ordered (Welfare and Institutions Code §§366.31, 399.22; California Rules of Court, Rules 5.710, 5.715, 5.720). L. NOTICE OF APPEAL. A notice of appeal shall be filed within sixty (60) days after the rendition of the judgment (California Rules of Court, Rule 8.480). (Effective date 1/1/02, as amended 1/1/07)
17.9 JUVENILE COURT-APPOINTED ATTORNEY COMPLAINT PROCESS (Effective 7/1/96, as amended 1/1/02, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) A. The process for complaints or questions by a party regarding the performance of their appointed attorney is established by this Court as follows: 1. For a party currently represented by Court appointed counsel in an open case: a. A request to be heard on the complaint or question must be raised as a Marsden based request by any of the following procedures: 1) Written request to the Juvenile Court Presiding Judge; or 2) Written request to add the case on to the Juvenile Court’s calendar for a Marsden based hearing; or 3) Oral request in Court while on the record. b. A request under 17.9(A) applies when the party intends to ask the Court to have their Court appointed attorney relieved and to have a new attorney appointed, for reasons having to do with the competency of the appointed attorney, or to complain about the nature of the relationship between the party and their Court appointed counsel. c. Notice of the request for a hearing under 17.9(A) must be provided by the requesting party or it will be provided by the Court when the hearing is set. d. The hearing itself will be with the counsel who is the subject of the complaint and the complaining party, and will be on the record, and in
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accord with the principles set forth in People v Marsden (1970) 2 Cal.3rd 118 and its progeny. e. At the hearing under 17.9(A), the Court will not entertain receipt of evidence about the merits of the case itself. To that end, the Court may assign the hearing to another judge. The Marsden hearing is an informal hearing in which the Court ascertains the nature of the party’s allegations regarding the defects in counsel’s representation and decides whether the allegations have sufficient substance to warrant counsel’s replacement. f. This Butte County Superior Court Local Rules constitutes a standing order that the information provided by the complaining party and/or the responding attorney is not discoverable and is not to be disseminated unless necessary for action on the complaint or to protect a constitutional or statutory right and pursuant to a Court order beforehand g. The Juvenile Court Financial Statement Form will be amended to include an advisement to the party of this Local Rule. (California Rule of Court 5.660(e).) h. A party who has a complaint that does not fall within 17.9(A), can otherwise submit a written complaint about their Court appointed counsel to the Juvenile Division Presiding Judge if: 1) The complaint does not address the merits or facts in an open case, and 2) The issues in the complaint are not the subject of a Writ or Appeal, and 3) The complaint includes a description of the relief requested. i. Complaints against a Juvenile Court-Appointed Attorney may be submitted in writing using the Juvenile Court-Appointed Attorney Complaint Form and returned to: Court Administration Superior Court of California, County of Butte One Court Street Oroville, CA 95965 j. A written complaint under 17.9(H) will be addressed either directly, or through assignment, by the Juvenile Division Presiding Judge, with a response in either event no later than ninety (90) days from receipt of the complaint. k. A copy of any written complaint will be provided to counsel subject to the complaint and said counsel will have an opportunity to respond. Counsel can request a hearing in lieu of a written response with notice of the complaining party. l. If it is determined that an appointed attorney has acted improperly or contrary to the Rules or policies of the Court, the Court will determine what appropriate action to take and act accordingly.
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m. Complaints of formerly appointed counsel proceed through 17.9(H) only. (Effective 7/1/96, as amended 1/1/02, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) 17.10 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD (Effective 7/1/96, as amended 1/1/02) A. At any time during the pendency of a dependency proceeding, any interested person may notify the Court that a minor who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. B. Notice to the Court may be given by the filing of Judicial Council form JV-180 or by the filing of a declaration. The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there. C. If the Court determines that further action on behalf of the child is required, the Court shall do one or more of the following: 1. Authorize the minor’s attorney to pursue the matter on the child’s behalf; 2. Appoint an attorney for the child, if the child is unrepresented; 3. Notice a joinder hearing pursuant to W&I §632 compelling the responsible agency to report to the Court with respect to whether it has carried out its statutory duties with respect to the child. 4. Appoint a guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); 5. Take any other action the Court may deem necessary or appropriate to protect the welfare, interest and rights of the child. (Effective 7/1/96, as amended 1/1/02) 17.11 INSPECTION OF RECORDS FOR WARDS AND DEPENDENT CHILDREN (Effective date 1/1/25, as amended 7/1/25) A. Individuals and agencies authorized under Welfare and Institutions Code § 827 to inspect and/or copy Juvenile case files must submit a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records Without a Court Order (Form JV.030). The declaration must be filed in the Juvenile Division with proper photo identification. Authorized parties must use the information in juvenile records only for specific, lawful purposes. Unauthorized disclosure of juvenile records is prohibited and may result in legal penalties. (Effective date 1/1/25, as amended 7/1/25) 17.12 RESERVED (Effective date 1/1/02) 17.13 RESERVED (Effective date 1/1/02) 17.14 RESERVED (Effective date 1/1/02) 17.15 DISCOVERY (Effective date 1/1/02, as amended 1/1/07) A. The discovery provisions of California Rules of Court, Rule 5.546 are hereby adopted and incorporated.
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B. Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties of the litigation. C. Formal Discovery. Only after all informal means have been exhausted may a party petition the Court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties at least five (5) judicial days before the hearing date. The date for the hearing shall be obtained from the clerk. A copy shall be served on the Court before whom the matter is scheduled to be heard. Any responsive papers shall be filed and served two (2) Court days prior to the hearing. D. Civil Discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or any other similar types of civil discovery without approval of a judge of the Juvenile Court upon noticed motion. E. Case Records and Reports (California Rules of Court, Rule 5.546). In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to all counsel at least ten (10) calendar days before the hearing and any updated records two (2) calendar days before the hearing. In all other cases, such documents shall be made available at least two (2) calendar days prior to the hearing. F. Upon timely request, parents, guardians and de facto parents shall disclose to all other parties such non-privileged material and information within the parent’s, guardian’s or de facto parent’s control which is relevant. (Effective date 1/1/02, as amended 1/1/07) 17.16 RESERVED (Effective 1/1/02) 17.17 PRESENTATION OF EVIDENCE (Effective date 1/1/02) A. Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: B. Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing. Review of dependency status and status review reports are due at least ten (10) calendar days before the hearing. C. All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before. D. All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing. E. If any discovery, reports or proposed modifications have not been made available to all counsel, then any affected party or the Court may request a continuance of the hearing to the extent permitted by law. F. The names of any experts to be called by any party and copies of their reports, if not part of a social study report prepared by Children’s Services, shall be provided to all counsel at least ten (10) days before the hearing, unless a shorted time is ordered by the Court. G. Reports prepared by any CASA Special Advocate shall be make available to all counsel a reasonable number of days before the hearing, but in no event less than 48 hours before. (Effective date 1/1/02) 17.18 SETTLEMENT CONFERENCE (Effective date 1/1/02)
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A. Settlement conference shall be calendared and held prior to every contested hearing, unless
deemed unnecessary by the judicial officer setting the contested hearing.
B. The attorneys and all parties shall be present at the settlement conference, unless excused
by the Court. All excused parties shall be readily available either in person or by telephone
at the direction of their attorneys. A representative of Children’s Services with authority to
settle cases shall be present at the settlement conference. (Effective date 1/1/02)
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LOCAL RULE 18 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) (Effective 1/1/01, as amended 1/1/02, as amended 7/1/11, as amended 7/1/16, as amended 7/1/19, as amended 7/1/20) 18.1 ADOPTION OF COURT APPOINTED SPECIAL ADVOCATE PROGRAM (Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19) A. The Court hereby adopts the guidelines for Court appointed Special Advocate programs (CASAs) set forth in Welfare and Institutions Code §§100-110 and California Rule of Court 5.655, as well as the policy and procedures manual of the Butte County Court Appointed Special Advocate Program, as a Butte County Superior Court Local Rules, Rule of Court applicable to the CASA and the guidelines are incorporated herein by this reference. B. THE CASA. The Court may appoint Special Advocates to represent the interests of dependent children, nonminor dependents, or wards who are subject to the jurisdiction of the Juvenile Court. In order to qualify for appointment, the Special Advocate must be trained by and function under the auspices of a CASA, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association. C. The CASA shall report regularly to the Presiding Judge of the Juvenile Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court Special Advocates. (Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19) 18.2 SPECIAL ADVOCATES (Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19) A. Special Advocates serve at the discretion of the Court having jurisdiction over the proceeding in which the Special Advocate has been appointed. B. CONFIDENTIAL PERSONNEL FILE. The Special Advocate’s personnel file is confidential. No one may have access to the personnel file except the volunteer, the CASA program director or a designee, or the Presiding Judge of the Juvenile Court. C. FUNCTIONS. In general, a Special Advocate‘s functions are as follows: 1. To support the child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court throughout the Court proceedings; 2. To establish a relationship with the child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court to better understand his or her particular needs and desires; 3. To communicate the child’s, nonminor dependent’s, or ward’s needs and desires to the Court in written reports and recommendations; 4. To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; 5. To provide continuous attention to the child’s, nonminor dependent’s, or ward’s situation to ensure that the Court’s plans for the child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court are being implemented;
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To the fullest extent possible, to communicate and coordinate efforts with the case
manager (probation officer or social worker)
7. To the fullest extent possible, to communicate and coordinate efforts with the
attorney for the child, nonminor dependent, or ward who are subject to the
jurisdiction of the Juvenile Court; and
8. To represent the interests of the child, nonminor dependent, or ward who are
subject to the jurisdiction of the Juvenile Court in other judicial or administrative
proceedings.
D. SWORN OFFICER OF THE COURT. A Special Advocate is an officer of the Court and
is bound by these Rules. Each Special Advocate shall be sworn in by a Judge or Court
Commissioner before beginning his or her duties, and shall subscribe to a written oath.
E. SPECIFIC DUTIES. In its initial order of appointment, and thereafter in subsequent orders
as appropriate, the Court may specifically delineate the Special Advocate’s duties in each
case, including interviewing and observing the child, nonminor dependent, or ward who
are subject to the jurisdiction of the Juvenile Court and other appropriate individuals,
reviewing appropriate records and reports, consideration of visitation rights for the
grandparents of the child, nonminor dependent, or ward who are subject to the jurisdiction
of the Juvenile Court and other relatives, and reporting back directly to the Court as
indicated. If no specific duties are outlined by the Court order, the Special Advocate shall
discharge his or her obligation to the child, nonminor dependent, or ward who are subject
to the jurisdiction of the Juvenile Court and the Court in accordance with the functions set
forth herein. (Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19)
18.3 RESERVED (Effective date 1/1/01) 18.4 RELEASE OF INFORMATION TO SPECIAL ADVOCATE (Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19, as amended 7/1/20) A. TO ACCOMPLISH APPOINTMENT. To accomplish the appointment of a Special Advocate, the Judge or Commissioner making the appointment shall sign an order granting the Special Advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. B. ACCESS TO RECORDS. A Special Advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The Special Advocate shall present his or her identification as a Court Appointed Special Advocate to any such record holder in support of his or her request for access to specific records. No consent from the parent or guardian is necessary for the Special Advocate to have access to any records relating to the child. This Access to Records section does not apply to the records of or pertaining to a nonminor dependent. The Special Advocate may have access to those records only with the explicit written and informed consent of the nonminor dependent. C. SUPERIOR COURT CASE FILE.
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Pursuant to California Rules of Court, Rule 5.655(b)(1)(D) and as authorized under
Welfare & Institutions Code §103(h)(i), CASA Special Advocates shall be
provided access to the Court Case File on which they were appointed. Means of
access shall be as defined in a Memorandum of Understanding between the Court
and the CASA program.
2. In addition to the provisions in (1), access to a nonminor’s Superior Court case file
requires consent of the nonminor and approval of the Presiding Judge of the
Juvenile Court or his/her designee.
D. CONFIDENTIALITY. All information concerning children and families, including
nonminors, in the Juvenile Court process is confidential. The CASA volunteers must not
give case information to anyone other than the Court, the parties and their attorneys, and
CASA staff.
E. REPORT OF ABUSE. The CASA volunteers are required by law (Penal Code § 11166 et
seq.) to report any reasonable suspicion that a child is a victim of child abuse or serious
neglect as described by Penal Code § 273a.
F. COMMUNICATION. There shall be ongoing, regular communication concerning the
child’s, nonminor dependent’s or ward’s best interests, current status, and significant case
developments, maintained among the Special Advocate, case manager, attorney for the
child, nonminor dependent, or wards who are subject to the jurisdiction of the Juvenile
Court, attorneys for parents, relatives, foster parents, and any therapist for the child,
nonminor dependent, or wards who are subject to the jurisdiction of the Juvenile Court.
(Effective date 1/1/01, as amended 7/1/16, as amended 7/1/19, as amended 7/1/20)
18.5 RIGHT TO TIMELY NOTICE (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) A. The moving party shall provide the Special Advocate timely notice of any motions concerning a child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court for whom a Special Advocate has been appointed. (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) 18.6 CALENDAR PRIORITY (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) A. In light of the fact that Special Advocates are rendering a volunteer service to children, nonminor dependents, or wards who are subject to the jurisdiction of the Juvenile Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) 18.7 VISITATION THROUGH DEPENDENCY (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) A. A Special Advocate shall regularly visit the child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court to whose case he or she has been appointed. The Special Advocate shall monitor the case as appropriate until dependency is dismissed. (Effective date 1/1/01, renumbered 7/1/11, as amended 7/1/16) 18.8 FAMILY LAW ADVOCACY (Effective date 1/1/01, renumbered 7/1/11) A. Should the Court dismiss dependency and create family law orders pursuant to Welfare and Institutions Code §362.4, the Special Advocate’s appointment may be continued in the family law proceeding, in which case the Court order shall set forth the nature, extent and duration of the Special Advocate’s duties in the family law proceeding. (Effective date 1/1/01, renumbered 7/1/11)
LOCAL RULE 18 - COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)
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18.9 RIGHT TO APPEAR (Effective date 1/1/01, renumbered 7/1/11) A. A Special Advocate shall have the right to be present and be heard at all Court hearings, and shall not be subject to exclusion by virtue of the fact that he or she may be called to testify at some point in the proceedings. A Special Advocate shall not be deemed to be a “party” as described in Title 3 of Part II of the Code of Civil Procedure. However, the Court at its discretion, shall have the authority to grant the Special Advocate amicus curiae status, which includes the right to appear with counsel. (Effective date 1/1/01, renumbered 7/1/11) 18.10 DISTRIBUTION OF CASA REPORTS (Effective date 1/1/02, renumbered 7/1/11, as amended 7/1/16) A. CASA reports shall be submitted to the Court at least (5) five Court days prior to the hearing. B. CASA shall serve a copy of the report on the parties to the case, including but not limited to: County Counsel, attending Case Social Worker, Attorney for child, nonminor dependent, or ward who are subject to the jurisdiction of the Juvenile Court, Parents’ Attorney, Child (via Foster Family Agency), Nonminor Dependent, or Ward who are subject to the jurisdiction of the Juvenile Court, ICWA Representative (if applicable) and Defacto Parents. C. CASA shall serve a copy of the report on the parties entitled to receive a copy of the report at least two (2) Court days prior to the hearing. (Effective date 1/1/02, renumbered 7/1/11, as amended 7/1/16)
LOCAL RULE 18 - COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)
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LOCAL RULE 19 DOMESTIC VIOLENCE COORDINATION RULES (Effective 7/1/04) 19.1 COURT COMMUNICATION (Effective date 7/1/04) A. Until the Court has an operational case management system capable of automatically coordinating domestic violence orders, 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 order to determine if any such orders have already been issued as to the same parties or children in any other department (Effective date 7/1/04) 19.2 AVOIDING CONFLICTING ORDERS (Effective date 7/1/04) A. No department or 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 such an order issues inadvertently, the orders of the criminal law proceeding shall control. (Effective date 7/1/04) 19.3 MODIFICATION OF CRIMINAL ORDERS (Effective date 7/1/04) A. A Court issuing a criminal Court protective order may, after consultation with the appropriate department of the family or Juvenile Court, modify the criminal Court protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. (Effective date 7/1/04) 19.4 COEXISTING CRIMINAL AND FAMILY OR JUVENILE ORDERS (Effective date 7/1/04) A. A family or Juvenile Court order may coexist with a criminal Court protective order, subject to the following: 1. Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no contact order” issued by a criminal Court. 2. Safety of all parties shall be the Courts’ paramount concern. The family or Juvenile Court order shall specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the Family Code. (Effective date 7/1/04) 19.5 ISSUANCE AND ENFORCEMENT OF RESTRAINING ORDERS (Effective date 7/1/04) A. Upon granting of relief, (through initial petition, modification or termination), the clerk shall convey within 24 hours a certified copy of the order to the Butte County Sheriff’s Department (BCSO) for input into CLETS, a statewide computerized registration system for restraining orders. (Effective date 7/1/04)
LOCAL RULE 19 - DOMESTIC VIOLENCE COORDINATION RULES
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 20 CRIMINAL LAW (Effective Date 1/1/17, as amended 7/1/17, as amended 7/1/19, as amended 4/2/20, as amended 1/1/25) 20.1 FELONY TRIAL ASSIGNMENT CALENDAR (TAC) (Effective 1/1/17) A. Trial counsel is required to be present at the felony trial assignment calendar (TAC). All in limine motions, trial motions, trial briefs, jury instructions, witness lists and evidence lists are to be on file by 12:00 pm on the date of the TAC. Trial motions and motions in limine, will be heard at 1:30 pm on the TAC date unless otherwise ordered by the Court. Witness lists and evidence lists are to be filed separately from the trial brief. All items of evidence are to be shown to opposing counsel no later than the TAC date. 1. At TAC, the Court will state on the record the dates the trial will be heard. Jury trials will begin on Mondays at 8:00 a.m. (Effective 1/1/17) 20.2 DISCOVERY (Effective 7/1/17) A. All parties and their attorneys shall fully comply with Penal Code §1054, inclusive. For the purpose of enforcing the provisions of Penal Code 1054, et seq., by formal Court order, case-specific informal requests for discovery pursuant to Penal Code §1054.5(b) are deemed to have been made by both parties at the arraignment on the complaint in any Criminal action. (Effective 7/1/17) 20.3 Mandatory Criminal Forms (Effective 1/1/25) A. Local forms adopted for mandatory use shall be used, whenever applicable. The current version of each form is available for viewing and downloading on the Court’s website by visiting https://www.butte.Courts.ca.gov/forms-filing/local-Rules-and-forms, section Rule 20 Criminal Law. (Effective Date 1/1/25) 20.4 MOTIONS FOR RELEASE OF AN IN-CUSTODY DEFENDANT CHARGED WITH OR SENTENCED ON A MISDEMEANOR OFFENSE (Effective 4/2/20) A. Any Amicus brief filed by the Sheriff addressing jail operations, housing, or coronavirus, shall immediately be posted on the Court’s website by the Court and is thereafter subject to meaning of the Evidence Code section 452; B. If requested by a Superior Court judge, a memorandum by the Sheriff addressing jail operations, housing, or coronavirus, shall immediately be posted on the Court’s website by the Court and is thereafter subject to Judicial Notice by the Court within the meaning of Evidence Code section 452; C. Any misdemeanor in-custody motions for release on bail or own recognizance will be heard only on Friday at 1:30 p.m. with the defendant attending through video appearance. If the defendant is released from custody prior to the hearing, the motion will go off calendar and the case will be continued by the Court to a date after May 18, 2020. D. This Rule is only in effect during the declaration of emergency by a state or local authority addressing coronavirus and COVID-19. (Effective 4/2/20)
LOCAL RULE 20 - CRIMINAL LAW
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 21 ELECTRONIC FILING (Effective Date 7/1/17, as amended 7/1/18, as amended 1/1/19, as amended 7/1/19, as amended 7/1/20, as amended 7/1/23) 21.1 AUTHORITY (Effective 7/1/17, as amended 7/1/18, as amended 1/1/19, as amended 7/1/20) A. Mandatory Electronic Filing: The Superior Court of California, County of Butte, requires the electronic filing of documents pursuant to California Code of Civil Procedure §1010.6 and California Rules of Court, Rule 2.250 et seq for the following Case Types/Categories: 1. Juvenile Dependency Matters 2. All Civil Matters 3. All Probate Matters 4. All Family Law Matters (including Department of Child Support Services matters) B. Self-represented parties are exempt from mandatory electronic filing requirements pursuant to California Rule of Court, Rule 2.253(b)(2), but are encouraged to participate voluntarily in filing electronically. C. Permissive Electronic Filing: The Superior Court of California, County of Butte, permits the electronic filing of documents pursuant to California Code of Civil Procedure §1010.6 and California Rules of Court, Rule 2.250 et seq for all case types not enumerated in subsection (A), including but not limited to Criminal (Felony/Misdemeanor), Traffic/Infractions, and Juvenile Delinquency matters. (Effective 7/1/17, as amended 7/1/18, as amended 1/1/19, as amended 7/1/20) 21.2 ELECTRONIC FILING SERVICE PROVIDERS (Effective 7/1/17, as amended 1/1/19) A. Approved Electronic Filing Service Providers (EFSPs) are listed on the Court’s website at www.butteCourt.ca.gov. (Effective 7/1/17, as amended 1/1/19) 21.3 FILING DATES AND TIMES (Effective 7/1/17, as amended 7/1/18, as amended 7/1/19) A. Documents may be electronically transmitted to the Court at any time of the day. Acceptance of documents for filing shall be deemed to occur on the date the document was received by the Court in accordance with Code of Civil Procedure §1010.6(e)(3). Nothing in this section shall limit the Clerk’s ability to reject deficient filings. (Effective 7/1/17, as amended 7/1/18, as amended 7/1/19) 21.4 LIMITATIONS ON FILINGS (Effective 7/1/17, as amended 7/1/20, as amended 7/1/23) A. Notwithstanding any other provision of law or this Rule, the following items may not be electronically filed: 1. Any will, codicil; 2. Bond or undertaking; 3. Subpoenaed documents; 4. Financial institution documents, care facility documents or escrow documents as defined under Probate Code §2620, submitted by conservators, guardians, or trustees of Court supervised trusts; 5. California state vital records forms;
LOCAL RULE 21 - ELECTRONIC FILING
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
6. Any documents with attachments/exhibits that cannot be accurately transmitted via
electronic filing due to size or type;
7. Documents typically submitted during the course of a proceeding (e.g. Trial
Exhibits);
8. Lodged Documents;
9. Documents for cases under seal;
10. Copy Requests;
11. Labor Commissioner deposit of cash or check. While the Labor Commissioner
Appeal must be filed electronically, it will not be processed until the filing party
has deposited the award with the Court. The deposit must be made in person or
through mail and must be completed within five (5) Court days of submitting the
Appeal for filing with the Court. (Effective 7/1/17, as amended 7/1/20, as amended 7/1/23)
LOCAL RULE 21 - ELECTRONIC FILING
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 22 APPELLATE DIVISION RULES (Effective Date 7/1/08) 22.1 APPEALS (Effective 7/1/08) A. In the case of an appeal, it is the duty of trial counsel in misdemeanor, infraction, and limited civil (excluding small claims) cases to ensure that an adequate record on appeal is available to the reviewing Court. This includes, but is not limited to, filing a proposed statement on appeal, and attending the hearing on settled statement. (Effective 7/1/08) 22.2 RESERVED (Effective 7/1/08) 22.3 RESERVED (Effective 7/1/08) 22.4 RESERVED (Effective 7/1/08) 22.5 USE OF OFFICIAL RECORDING AS RECORD OF ORAL PROCEEDINGS (Effective 7/1/08) A. Infraction Appeals: Use of an official electronic recording as the record of the oral proceedings without being transcribed may be permitted by stipulation of the parties pursuant to California Rules of Court, Rule 8.917(c) or in the alternative by application to the Court for an order permitting its use pursuant to California Rules of Court, Rule 8.916(d)(6)(A). B. Misdemeanor Appeals: Use of an official electronic recording as the record of the oral proceedings without being transcribed may be permitted by stipulation of the parties pursuant to California Rules of Court, Rule 8.868(c) or in the alternative by application to the Court for an order permitting its use pursuant to California Rules of Court, Rule 8.869(d)(6)(A). C. Limited Civil Appeals: Use of an official electronic recording as the record of the oral proceedings without being transcribed may be permitted by stipulation of the parties pursuant to California Rules of Court, Rule 8.835(c) or in the alternative by application to the Court for an order permitting its use pursuant to California Rules of Court, Rule 8.837(d)(6)(A). (Effective 7/1/08)
LOCAL RULE 22 - APPELLATE DIVISION RULES
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
LOCAL RULE 50 ADMINISTRATIVE RULES (Effective 7/1/96, as amended 1/1/99, as amended 7/1/16, as amended 7/1/19) 50.1 GENERAL RULES (Effective 7/1/96, title amended 1/1/99) 50.2 COURT EXECUTIVE OFFICER AND CLERK OF THE COURT (Effective date 7/1/96, as amended 1/1/99, as amended 7/1/16) A. The Superior Court of California, County of Butte employs a Court Executive Officer pursuant to the authority in California Rules of Court, Rule 10.610(a) that also functions as the Clerk of the Court. 1. Under direction of the presiding judge, the Court Executive Officer is responsible for overseeing the management and administration of the nonjudicial operations of the Court and allocating resources in a manner that promotes access to justice for all members of the public, provides a forum for the fair and expeditious resolution of disputes, maximizes the use of judicial and other resources, increases efficiency in Court operations, and enhances service to the public. Duties of the Court Executive Officer are pursuant to California Rules of Court, Rule 10.610(c). 2. The Court Executive Officer is granted the power, duties, and responsibilities of the Clerk of the Court pursuant to the authority contained in the Government Code §§69840-69848. The power, duties and responsibilities shall include all of those performed by the Clerk of the Court pursuant to the authority contained in Government Code §69840 with respect to actions, proceedings and records, including but not limited to: a. The acceptance, processing and filing of papers in connection with any action or proceeding before the Court, including but not limited to those relating to the Court's original jurisdiction, appellate jurisdiction and appeals from the Court; the maintenance and management of Court records; the microfilming of Court records and the keeping and disposition of papers, documents, files and exhibits in accordance with law. b. The maintenance of indexes of all Court files; the keeping of a register of actions or its alternate. c. The issuance of process and notices, including, without limitation, summons, writs of execution and other writs; subpoenas to witnesses; probate notices; citations in probate, guardianship and other matters; the acceptance of service on parties; the entry of defaults; the transmission of transcripts on change of venue. d. The attendance at each session of Court and upon the judges in chambers when required; the administration of oaths; the keeping of minutes and other records of the Court. e. The entry of orders, findings, judgments, and decrees; the acceptance for filing of confessions of judgment; the authentication of records; certification of abstracts of judgment; the keeping of a judgment book or its equivalent
LOCAL RULE 50 – ADMINISTRATIVE RULES
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f. The collection, receipt, deposit and accounting of fees for filing, for preparing or certifying copies and for other fees; the receipt of jury fees, bonds, undertakings, fines, forfeitures and revenues; the keeping of money deposited in Court, including, but not limited to, funds received in connection with minors' compromises. g. The maintenance of statistical financial records and the preparation of reports to the Judicial Council and other state and county offices as required by law or policy. h. The preparation of the Clerk's transcript on appeal and the transmission of the record and exhibits to the reviewing Court. i. The receipt of wills of decedents. j. The taking of bail and related matters as provided in the Penal Code. k. The provision of calendar management, including the calendaring of cases and hearings and the maintenance of Court calendars and schedules. l. The printing and sale of Court forms and Rules of Court; the procurement of supplies. m. The keeping and affixing of the seal of the Court to appropriate instruments. n. The administrative functions related to the above, including, without limitation, hiring, training and supervision of personnel; accounting functions; mailing activities; and ordering and storing equipment and supplies. 3. Pursuant to the authority contained in Government Code §68114.6, the Court hereby transfers to the Court Executive Officer the powers, duties and responsibilities of the Clerk of the Court with respect to the employment and supervision of personnel whose principal activities are to serve the Court in providing the functions outlined above in subsection (A). 4. Pursuant to the authority contained in Code of Civil Procedure §195(a), the Court hereby appoints the Court Executive Officer to serve as Jury Commissioner. 5. Pursuant to the authority contained in Government Code §69840(a), the County Clerk is relieved of any obligation imposed on her by law with respect to the above powers, duties and responsibilities, effective January 1, 1996. (Effective date 7/1/96, as amended 1/1/99, as amended 7/1/16, as amended 7/1/19) 50.3 RESERVED (Effective 7/1/96, as amended 1/1/99) 50.4 JUDICIAL VACATION DAY DEFINED (Effective date 1/1/02) A. Time away from the Court for more than one-half (1/2) day for vacation purposes shall be deemed as a full day of vacation. (Effective date 1/1/02)
LOCAL RULE 50 – ADMINISTRATIVE RULES
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LOCAL RULE 51 COMPLAINT PROCEDURES (Effective date 7/1/19, as amended 7/1/25) 51.1 COMPLAINTS REGARDING ASSIGNED JUDGES (Effective date 7/1/19) A. This Rule applies to all judges assigned through the Assigned Judges Program administered by the Judicial Council of California. B. Complaints against an assigned judge shall be submitted to: Court Executive Officer Superior Court of California, County of Butte One Court Street Oroville, CA 95965 C. A notice of receipt, signed by the Presiding Judge, shall be sent to the complainant with information regarding to where the complaint was directed. (Effective date 7/1/19) 51.2 COMPLAINTS REGARDING TEMPORARY JUDGE PRO TEM (Effective date 7/1/19, as amended 7/1/25) A. This Rule applies to all Temporary Judges appointed pursuant to California Rules of Court,
Rule 10.743 — B. Complaints against a Judge Pro Tem may be submitted in writing to:¶
Rule 10.743. B. Complaints against a Judge Pro Tem may be submitted in writing to: Court Administration Superior Court of California, County of Butte One Court Street Oroville, CA 95965 C. Written notice of the final action shall be sent to the complainant, to the extent possible, within ninety (90) days. (Effective date 7/1/19, as amended 7/1/25) 51.3 COMPLAINTS AGAINST SUBORDINATE JUDICIAL OFFICERS (Effective date 7/1/19) A. This Rule applies to all Subordinate Judicial Officers as defined by California Rules of Court, Rule 10.703. B. Complaints against a Subordinate Judicial Officer may be submitted in writing using the Subordinate Judicial Officer Complaint Form and returned to: Court Executive Officer Superior Court of California, County of Butte One Court Street Oroville, CA 95965 C. Written notice of the final action shall be sent to the complainant, to the extent possible, within ninety (90) days. (Effective date 7/1/19) 51.4 COMPLAINTS AGAINST COURT EMPLOYEES (Effective date 7/1/19, as amended 7/1/25) A. It is the objective of the Court to Courteously receive and to investigate complaints concerning its employees. Complaints against Court employees may be submitted in writing to: Court Administration Superior Court of California, County of Butte One Court Street
LOCAL RULE 51 COMPLAINT PROCEDURES
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Oroville, CA 95965
B. Court Administration will send an acknowledgement when the complaint has been
received.
C. If further action is needed, and to the extent possible, the investigation process shall be
completed within ninety (90) days. Upon the completion of any investigation, a notice of
the final action shall be sent to the complainant. (Effective date 7/1/19, as amended 7/1/25)
51.5 Language Access Complaints (Effective date 7/1/19) A. The Court is committed to providing equal access to Court users regardless of English proficiency. Members of the public who have a complaint or other feedback about the Court’s language access services may complete a Language Access Complaint Form which may be returned to: Language Access Representative Superior Court of California, County of Butte One Court Street Oroville, CA 95965 B. The Language Access Complaint Form will be available in hard copy at every Court facility and electronically on the Court’s website (www.butteCourt.ca.gov). C. The Language Access Representative will respond to all language access complaints other than those submitted anonymously within sixty (60) days. (Effective date 7/1/19)
LOCAL RULE 51 COMPLAINT PROCEDURES
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ABBREVIATIONS AFDC - Aid for Families with Dependent Children ADR - Alternative Dispute Resolution CASA - Court Appointed Special Advocate CC - Civil Code CCP - Code of Civil Procedures CRC - California Rules of Court def. - defendant depo. - deposition exh. - exhibit FC - Family Code GC - Government Code H&S - Health & Safety Code JC - Judicial Council LR - Local Rule OSC - Order To Show Cause OTSC - Order To Show Cause OST - Order Shortening Time PC - Penal Code PROB. - Probate Code PROGRAM - Delay Reduction Program pltf. - plaintiff SCQ - Status Conference Questionnaire TRO - Temporary Restraining Order UCCJA - Uniform Child Custody Jurisdiction Act W&I - Welfare & Institutions Code § - section § § - sections
LOCAL RULES - ABBREVIATIONS
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
SUBJECT INDEX
ADMINISTRATIVE RULES Court executive officer and clerk of the Court .................................................................................. 107 General Rules ..................................................................................................................................... 107 ATTORNEY OF RECORD .............................................................................................................. 1 CIVIL LITIGATION, ADMINISTRATION DELAY REDUCTION Case Management Plan ...................................................................................................................... 13 exeception order ................................................................................................................................. 13 Cases, transferred ............................................................................................................................... 15 Conference, case management ........................................................................................................... 15 Alternative dispute resolution ............................................................................................................ 15 Bifurcation/severance/consolidation .................................................................................................. 15 Complaint, filing of ............................................................................................................................ 14 Conference, case management ........................................................................................................... 15 Discovery ........................................................................................................................................... 16 Dismiss defendants, pretrial order, exception .................................................................................... 15 Evaluation, case ................................................................................................................................. 15 Notice ................................................................................................................................................. 14 Law and motion ................................................................................................................................. 16 Statement, case management ............................................................................................................. 16 Transfer, pretrial order ....................................................................................................................... 15 Conferences, settlement ..................................................................................................................... 16 Attendance, excuses from .................................................................................................................. 17 Court, powers of................................................................................................................................. 17 Meet and confer, mandatory .............................................................................................................. 18 Notice to Court upon settlement ........................................................................................................ 17 Statements/supporting documents...................................................................................................... 16
LOCAL RULES – SUBJECT INDEX
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Settling/negotiating, authority to........................................................................................................ 16 Definitions.......................................................................................................................................... 12 ’Counsel’ ............................................................................................................................................ 12 ’Defendant(s)’ .................................................................................................................................... 12 ’Plaintiff(s)’ ........................................................................................................................................ 12 Effective date ..................................................................................................................................... 12 Initial Pleadings, Amendments & Responsive Pleadings, service of ................................................. 12 Policy ................................................................................................................................................. 12 Sanctions, upon failure to comply...................................................................................................... 18 COURT APPOINTED SPECIAL ADVOCE PROGRAM (CASA) .................................................. 97 Adoption of Court Appointed Special Advocate Program ................................................................. 97 Calendar Priority ................................................................................................................................ 99 Distribution of CASA Reports ........................................................................................................... 100 Family Law Advocacy ....................................................................................................................... 99 Release of Information to Special Advocates .................................................................................... 98 Right to Timely Notice....................................................................................................................... 99 Special Advocates .............................................................................................................................. 97 Visitation Throughout Dependency ................................................................................................... 99 COURT REPORTERS Fee, per diem ...................................................................................................................................... 2 Request for ......................................................................................................................................... 2 CUSTODY/VISITATION MEDIATION Calendar ............................................................................................................................................. 34 motion for modification ..................................................................................................................... 35 Trials .................................................................................................................................................. 34 Custody issues, child, Court’s policy on ............................................................................................ 29
LOCAL RULES – SUBJECT INDEX
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Custody, child, contested cases .......................................................................................................... 30 Preference .......................................................................................................................................... 30 Custody, Recommended Order .......................................................................................................... 30 Defaults and Family Code §2336 proceedings .................................................................................. 35 Evaluation under Family Code §3111 ................................................................................................ 31 Mediation, conduct of ........................................................................................................................ 30 Mediation, pursuant to Family Code §3170 ....................................................................................... 36 Policy, mediation................................................................................................................................ 29 Problems, of a special nature ............................................................................................................. 37 Appointment of counsel for child(ren) ............................................................................................... 36 Compensation for counsel for child(ren) ........................................................................................... 36 Uniform child custody jurisdiction act cases ..................................................................................... 35 DOCUMENTS PRESENTED FOR FILING Copies, conforming ............................................................................................................................ 53 Date, requirement ............................................................................................................................... 54 Documents, form of, generally .......................................................................................................... 53 Envelopes, requirements .................................................................................................................... 53 FAX Filing ......................................................................................................................................... 53 Authority ............................................................................................................................................ 53 Time requirement ............................................................................................................................... 54 avoiding conflicting orders ................................................................................................................ 101 coexisting criminal and family or juvenile orders ............................................................................. 101 Court communication ......................................................................................................................... 101 issuance and enforcement of restraining orders ................................................................................. 101 modification of criminal orders.......................................................................................................... 101
LOCAL RULES – SUBJECT INDEX
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
ELISORS ........................................................................................................................................... 6 FAMILY LAW Applicability ...................................................................................................................................... 82 Case coordination............................................................................................................................... 82 Court Policies ..................................................................................................................................... 79 Discovery ........................................................................................................................................... 65 Deposition Rule ................................................................................................................................. 65 Disputes ............................................................................................................................................. 65 Evidence, at hearing OSC hearing ....................................................................................................................................... 65 Expenses and benefits, job related (Court policy #9) ........................................................................ 63 Facilitator, Family Law ...................................................................................................................... 63 Facilitator, Family Law Complaint Process ....................................................................................... 64 Filings, deadline for papers/documents ............................................................................................. 63 Filings, format of papers/documents Exception ........................................................................................................................................... 63 Judgments .......................................................................................................................................... 75 Dissolution, finality of judgment ....................................................................................................... 62 Judgment, nunc pro tunc .................................................................................................................... 77 Restraining order ................................................................................................................................ 62 Lengthy matters ................................................................................................................................. 64 Mediation policy and referrals (Court policy #14) ............................................................................ 80 Meet and confer, requirement ............................................................................................................ 64 Settlement, property,approval or incorporation of ............................................................................. 97 Stipulations ........................................................................................................................................ 67 Support, child - children separated (Court policy #5) ........................................................................ 65 Support, proceedings .......................................................................................................................... 65
LOCAL RULES – SUBJECT INDEX
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Support ............................................................................................................................................... 75 Pleadings ............................................................................................................................................ 74 Public assistance recipients ................................................................................................................ 67 Tax returns ......................................................................................................................................... 67 Sanctions ............................................................................................................................................ 67 Travel expense relative to visitation [costs] (Court policy #6) .......................................................... 79 Trials & Long Cause Evidentiary Hearings ....................................................................................... 67 Continuance ....................................................................................................................................... 72 Final trial papers ................................................................................................................................ 71 Preliminary trial papers ...................................................................................................................... 68 Sanctions for non-compliance with Local Rules ............................................................................... 73 Valuation date, for assets (other than trial date) ................................................................................. 73 Venue, change of ................................................................................................................................ 67 FAMILY-CENTERED CASE RESOLUTION .................................................................................. 59 FEES, ATTORNEYS ......................................................................................................................... 56 Cases, capital criminal ....................................................................................................................... 56 Cases, criminal (excluding capital cases) .......................................................................................... 56 Witnesses ........................................................................................................................................... 56 Promissory notes, contracts providing for pymt of atty fees & forclosures ....................................... 57 Contested action on note or contract .................................................................................................. 58 Default action on note or contract ...................................................................................................... 58 Foreclosure or mortgage or trust deed ............................................................................................... 58 JUVENILES, ATTORNEYS REPRESENTING PARTIES IN DEPENDENCY PROCEEDINGS . 89 Appointments ..................................................................................................................................... 91 Authority ............................................................................................................................................ 89 Compentency, general requirements .................................................................................................. 89 Complaints, procedures for reviewing and resolving ........................................................................ 93
LOCAL RULES – SUBJECT INDEX
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
Discovery ........................................................................................................................................... 95 Education and training, minimum standards ...................................................................................... 90 Evidence, presentation of ................................................................................................................... 96 Interests of Dependent Child, procedures for informing the Court ................................................... 94 Representation, standards of .............................................................................................................. 91 Settlement conferences ...................................................................................................................... 96 Timelines ............................................................................................................................................ 92 LAW AND MOTION MATTERS ..................................................................................................... 8 Applicability ...................................................................................................................................... 8 Claim, compromise of minor’s or incompetent’s ............................................................................... 8 Continuances (Civil Law & Motion Only) ........................................................................................ 8 Request to continue ............................................................................................................................ 8 Default hearings ................................................................................................................................. 9 Discovery Disputes ............................................................................................................................ 9 Filing, papers presented ..................................................................................................................... 8 Judgment ............................................................................................................................................ 8 Minor or incompetent cases ............................................................................................................... 10 Fees, attorney ..................................................................................................................................... 11 Order(s) - shortening time/ex parte,application for............................................................................ 9 Summary judgment/adjudication of issues, motions for .................................................................... 9 Motion, form of .................................................................................................................................. 9 Tentative Rulings ............................................................................................................................... 9 PROBATE Bond of Personal Representative ....................................................................................................... 41 Bond, amount of................................................................................................................................. 41 Bond, distributee’s ............................................................................................................................. 42 Bond, methods of reducing ................................................................................................................ 41
LOCAL RULES – SUBJECT INDEX
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Bond, nonresident personal representative ........................................................................................ 43 Executors - corporate and individual ................................................................................................. 42 Limitation of amount with financial institution ................................................................................. 42 Compensation of Personal Representatives and Their Attorneys ...................................................... 46 Commissions, fixed by the Court ....................................................................................................... 46 Compensation, expenses of accounting ............................................................................................. 48 Compensation, extraordinary services ............................................................................................... 47 Confirmation hearing, notice of ......................................................................................................... 44 Appearance by bidder ........................................................................................................................ 44 Exclusive listings ............................................................................................................................... 44 Real property, bond on sale of ........................................................................................................... 43 Real property, brokers commission .................................................................................................... 43 Real property, cash deposit to accompany bid ................................................................................... 43 Real property, sale and appraisal within on year ................................................................................ 43 Sale, perishable or depreciating property ........................................................................................... 44 Sale, property specifically devised or bequeathed ............................................................................. 44 Sale, securities.................................................................................................................................... 44 Conservatorships ................................................................................................................................ 49 Conservator, conditions for appointment ........................................................................................... 49 Conservator, Individual ...................................................................................................................... 49 Conservator, private ........................................................................................................................... 52 Conservatorship, temporary ............................................................................................................... 50 Fees, allowance of in conservatorship proceedings ........................................................................... 59 Investigator, Court ............................................................................................................................. 49 General Rules ..................................................................................................................................... 49 Ex parte matters, procedures .............................................................................................................. 49 Preliminary and Final Distribution .................................................................................................... 48
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Decrees, form ..................................................................................................................................... 48 Distribution, cash to minors up to $20,000 ........................................................................................ 48 Sales by Personal Representatives ..................................................................................................... 43 REQUEST AND USE OF AUDIO/VISUAL PRESENTATION EQUIPMENT .............................. 5 TRIAL READINESS ......................................................................................................................... 2 UNLAWFUL DETAINERS, ADMINISTRATION OF Cases, transferred ............................................................................................................................... 20 Complaint, filing of ............................................................................................................................ 21 Definitions.......................................................................................................................................... 20 counsel ............................................................................................................................................... 20 defendant ............................................................................................................................................ 20 plaintiff’ ............................................................................................................................................. 20 Duty of counsel .................................................................................................................................. 21 Effective date ..................................................................................................................................... 20 Exception orders ................................................................................................................................ 20 Policy ................................................................................................................................................. 20 Summons, service of .......................................................................................................................... 21 Trial, demand for jury ........................................................................................................................ 21 Trial, memorandum to set case for ..................................................................................................... 21 Trial, setting cases for ........................................................................................................................ 21
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FORMS INDEX BY ID NUMBER (Fillable Forms are located on our website. https://www.butte.Courts.ca.gov) Form ID # Form Name Local Rule Action Date Mandatory or Optional ADR.010 Mediation Statement Rule 6 A.D. 1/1/18 Optional ADR.020 Stipulation to Participate in Alternative Dispute Rule 6 A.D. 1/1/18 Optional Resolution (ADR) CR.010 Petition/Application for Resentencing or Dismissal, Rule 20 E.D 7/1/18 Optional for Reduction or Dismissal/Sealing CR.010- The Adult Use of Marijuana Act (Proposition 64) Rule 20 E.D. 7/1/18 Information INFO Information and Instructions CR.020 Juvenile Petition/Application (Proposition (64) Rule 20 E.D. 7/1/18 Optional CR.030 Petition for Modification of Penalties Rule 20 E.D. 7/1/18 Optional CR.040 Application/Request for Mental Health Diversion; Rule 20 A.D. 1/1/20 Mandatory Advisal and Waiver of Rights CR.050 Misdemeanor Diversion Request (PC § 1001.95) Rule 20 E.D. 1/1/25 Mandatory Advisal and Waiver of Rights CR.050- Misdemeanor Diversion Information Rule 20 E.D 1/1/25 Information INFO CR.060 Misdemeanor Diversion Order Rule 20 E.D 1/1/25 Mandatory CV.010 Additional Orders Attachment (Child Custody Rule 9 A.D. 1/1/18 Mandatory Evaluator) DR.040 Settlement Conference Statement Rule 3 A.D. 1/1/18 Optional FL.010 Declaration Re: Notice of Ex Parte Application for Rules 15 A.D. 1/1/18 Mandatory Orders and 16 FL.020 Questionnaire for Minor to Marry or Establish a Rule 16 E.D. 7/1/25 Mandatory Domestic Partnership FL.030 Declaration for Default Custody and Visitation Rules 15 A.D. 1/1/20 Mandatory Orders and 16 FL.040 Family Law Judgment Checklist Rules 15 A.D. 1/1/18 Mandatory and 16 FL.050 Family Law Parentage Judgment Checklist Petition Rules 15 A.D. 1/1/18 Mandatory to Establish Parental Relationship and 16 FL.060 Family Law Case Management: Status Conference Rules 15 A.D. 1/1/18 Mandatory Statement and 16 FL.070 Written Stipulation and Agreement Rules 16 E.D. 1/1/26 Optional FL.090 At Issue Memorandum Rules 15 A.D. 1/1/18 Mandatory and 16
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FL.100 Stipulation and Order Appointing Parenting Rules 15 A.D. 1/1/25 Optional Coordinator and 16 FL.110 Certificate of Qualifications to Serve as a Parenting Rules 15 E.D. 7/1/18 Mandatory Coordinator and 16 FL.120 Request for Default or Uncontested Hearing Rules 15 E.D. 7/1/20 Mandatory and 16 FL.130 Request for Review of Ability to Pay Rule 16 E.D 1/1/25 Mandatory Determination; and Order Addressing Request GR.010 Memorandum to Set Case for Trial Rule 1 A.D 7/1/25 Mandatory GR.020 Trial Readiness Conference Statement Rule 1 A.D. 7/1/24 Mandatory GR.030 Request/Notification for Audio/Visual Presentation Rule 1 A.D. 7/1/21 Mandatory Equipment GR.040 Procedural Stipulations for Jury Trial Rule 1 A.D. 1/1/18 Optional GR.050 Financial Information Rule 14 A.D. 1/1/25 Mandatory GR.060 Request for Remote Appearance and Order Rule 1 E.D. 7/1/25 Mandatory JV.010 Certificate of Competency To Practice In Juvenile Rule 17 A.D. 1/1/18 Mandatory Dependency Court JV.020 Petition and Order Regarding Public Information Rule 17 A.D. 1/1/25 Mandatory (WIC § 676)
JV.030 Declaration in Support of Request to Inspect and/or Rule 17 A.D. 7/1/25 Mandatory Copy Juvenile Court Records Without a Court Order JV.040 Confidentiality Notice and Agreement for Juvenile Rule 17 E.D. 7/1/25 Mandatory Cases LM.010 Declaration Re: Notice of Ex Parte Application for Rule 2 A.D. 1/1/25 Optional Orders And/Or Orders Shortening Time LM.020 Request for a Pretrial Discovery Conference Rule 2 E.D. 7/1/19 Mandatory LM.030 Opposition to Request for a Pretrial Discovery Rule 2 E.D. 7/1/19 Mandatory Conference LM.040 Order on Request for a Pretrial Discovery Rule 2 A.D. 7/1/25 Mandatory Conference PR.010 Court Investigator Information Sheet Rule 12 A.D. 1/1/18 Optional PR.020 Order Appointing Court Investigator Rule 12 A.D. 1/1/25 Optional PR.030 Order Continuing Conservatorship Rule 12 A.D. 1/1/25 Mandatory PR.040 Ex Parte Petition to Dispense with Accounting and Rule 12 A.D. 1/1/25 Mandatory Order
E.D. – Effective Date, A.D. – Amended Date
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FORMS INDEX BY NAME (Fillable Forms are located on our website. https://www.butte.Courts.ca.gov) Form Name Form ID Local Action Date Mandatory or Number Rule Optional Additional Orders Attachment (Child Custody CV.010 Rule 9 A.D. 1/1/18 Mandatory Evaluator) Application/Request for Mental Health Diversion; CR.040 Rule 20 A.D. 1/1/20 Mandatory Advisal and Waiver of Rights At Issue Memorandum FL.090 Rules 15 A.D. 1/1/18 Mandatory and 16 Certificate of Competency To Practice In Juvenile JV.010 Rule 17 A.D. 1/1/18 Mandatory Dependency Court Certificate of Qualifications to Serve as a Parenting FL.110 Rules 15 E.D. 7/1/18 Mandatory Coordinator and 16 Confidentiality Notice and Agreement for Juvenile JV.040 Rule 17 E.D. 7/1/25 Mandatory Cases Court Investigator Information Sheet PR.010 Rule 12 A.D. 1/1/18 Optional Declaration for Default Custody and Visitation Orders FL.030 Rules 15 A.D. 1/1/20 Mandatory and 16 Declaration in Support of Request to Inspect and/or JV.030 Rule 17 E.D. 7/1/26 Mandatory Copy Juvenile Court Records Without a Court Order Declaration Re: Notice of Ex Parte Application for LM.010 Rule 2 A.D. 1/1/25 Optional Orders and/or Orders Shortening Time Declaration Re: Notice of Ex Parte Application For FL.010 Rules 15 A.D. 1/1/18 Mandatory Orders and 16 Ex Parte Petition to Dispense with Accounting and PR.040 Rule 12 A.D 1/1/25 Mandatory Order Family Law Case Management: Status Conference FL.060 Rules 15 A.D. 1/1/18 Mandatory Statement and 16 Family Law Judgment Checklist FL.040 Rules 15 A.D. 1/1/18 Mandatory and 16 Family Law Parentage Judgment Checklist Petition to FL.050 Rules 15 A.D. 1/1/18 Mandatory Establish Parental Relationship and 16 Financial Information GR.050 Rule 14 A.D 7/1/24 Mandatory Juvenile Petition/Application (Proposition 64) CR.020 Rule 20 E.D. 7/1/18 Optional Mediation Statement ADR.010 Rule 6 A.D. 1/1/18 Optional Memorandum To Set Case for Trial GR.010 Rule 1 A.D. 7/1/25 Mandatory Misdemeanor Diversion (PC § 1001.95) Information CR.050- Rule 20 E.D. 1/1/25 Information INFO
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Misdemeanor Diversion Order (PC § 1001.95) CR.060 Rule 20 E.D. 7/1/26 Mandatory Misdemeanor Diversion Request (PC § 1001.95) CR.050 Rule 20 E.D. 1/1/25 Mandatory Advisal and Waiver of Rights Opposition to Request for a Pretrial Discovery LM.030 Rule 2 E.D. 7/1/19 Mandatory Conference Order Appointing Court Investigator PR.020 Rule 12 A.D. 1/1/25 Optional Order Continuing Conservatorship PR.030 Rule 12 A.D. 1/1/25 Mandatory Order on Request for a Pretrial Discovery Conference LM.040 Rule 2 A.D. 7/1/25 Mandatory Petition and Order Regarding Public Information JV.020 Rule 17 A.D. 1/1/25 Mandatory (WIC § 676) Petition for Modification of Penalties CR.030 Rule 20 E.D. 7/1/18 Mandatory Petition/Application for Resentencing of Dismissal, CR.010 Rule 20 E.D. 7/1/18 Optional for Reduction or Dismissal/Sealing Procedural Stipulations for Jury Trial GR.040 Rule 1 A.D. 1/1/18 Optional Questionnaire for Minor to Marry or Establish a FL.020 Rule 16 E.D. 7/1/25 Mandatory Domestic Partnership Request for Default or Uncontested Hearing FL.120 Rule 15 E.D. 7/1/20 Mandatory and 16 Request for Pretrial Discovery Conference LM.020 Rule 2 E.D. 7/1/19 Mandatory Request for Remote Appearance and Order GR.060 Rule 1 E.D. 7/1/25 Mandatory Request for Review of Ability to Pay Determination; FL.130 Rule 16 E.D 7/1/26 Mandatory and Order Addressing Request Request/Notification for Audio/Visual Presentation GR.030 Rule 1 A.D. 7/1/21 Mandatory Equipment Settlement Conference Statement DR.040 Rule 3 A.D. 1/1/18 Optional Stipulation and Order Appointing Parenting FL.100 Rules 15 A.D. 1/1/25 Optional Coordinator and 16 Stipulation to Participate in Alternative Dispute ADR.020 Rule 3 A.D. 1/1/18 Optional Resolution (ADR) The Adult Use of Marijuana Act (Proposition 64) CR.010- Rule 20 E.D. 7/1/18 Information Information and Instructions INFO Trial Readiness Conference Statement GR.020 Rule 1 A.D. 7/1/25 Mandatory Written Stipulation and Agreement Fl.070 Rule 16 E.D. 1/1/26 Optional
E.D. – Effective Date, A.D. – Amended Date
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