Siskiyou — Current Local Rules

Source: https://www.siskiyou.courts.ca.gov/system/files/local-rules/2026-final-local-rules-court.pdf

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SISKIYOU

LOCAL RULES OF COURT EFFECTIVE JULY 1, 2026

Revised 01/01/2025 Publisher’s Notes and Instructions 1

LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT

SISKIYOU COUNTY SUPERIOR COURT

411 Fourth Street Telephone: (530) 842-0411 Yreka, CA 96097 Fax: (530) 572-4014 Website: http://www.siskiyou.courts.ca. gov

PUBLISHER'S NOTICE AND

INSTRUCTIONS FOR AMENDMENTS

Selected Publisher

The publisher selected by the Superior Court of Siskiyou County for publication of its Local Rules of Court is:

COURT EXECUTIVE OFFICER Siskiyou County Superior Court 411 Fourth Street Yreka, California, 96097

Telephone: (530) 842-0411

Copies of the Local Rules of the Siskiyou County Superior Court may be purchased from:

SISKIYOU COUNTY SUPERIOR COURT Civil/Family Law/Juvenile Division 411 Fourth Street, Yreka, California, 96097 Telephone: (530) 842-0411

Cost Full Set of the Local Rules.............................................................................$50.00 Partial Set .......................................................................................................$25.00

Instructions Instructions for updating your current set of the Local Rules are on the reverse side of this Notice.

Revised 1/1/2025 Publisher’s Notes and Instructions i

LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT

INSTRUCTIONS FOR UPDATING THE LOCAL RULES WITH
CURRENT REVISIONS

(Revisions effective July 1, 2026)

REMOVE REPLACE WITH

Cover Sheet Revised Cover Sheet

Table of Contents Revised Table of Contents

2-6 to 2-11 Revised 2-6 tp 2-11

Revised 1/1/2025 Publisher’s Notes and Instructions ii

LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT

Contents

Revised 7/1/2024 Table of Contents i

LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE JANUARY 1, 2026 .....................................................................1 PUBLISHER’S NOTICE ............................................................................................................................................ i COURT EXECUTIVE OFFICER...................................................................................................................i Where Rules May be Purchased..................................................................................................................i SISKIYOU COUNTY SUPERIOR COURT ...................................................................................................i Cost i Instructions...................................................................................................................................................i INSTRUCTIONS FOR UPDATING THE LOCAL RULES WITH CURRENT REVISIONS ........................... ii CHAPTER 1. GENERAL RULES.............................................................................................1 1.01 Citation of Rules............................................................................................................................................ 1 1.02 Effective Date of Rules.................................................................................................................................. 1 1.03 Effect of Rules............................................................................................................................................... 1 1.04 Construction and Application of Rules; Publisher of Rules ............................................................................. 1 1.05 Definitions of Words Used in these Rules ...................................................................................................... 1 1.06 Amendment or Addition to, or Repeal of, Local Rules of Court....................................................................... 2 CHAPTER 2. ADMINISTRATIVE MATTERS ..........................................................................1 2.01 Commissioners and Judges Pro Tem ............................................................................................................ 1 2.02 Official Court Reporters................................................................................................................................. 1 2.03 Case Disposition Time Standards.................................................................................................................. 2 2.04 Smoking or Vaping During Court Proceedings ............................................................................................... 2 2.05 Courtroom Decorum...................................................................................................................................... 2 2.06 Cellular Phones and Electronic Devices ........................................................................................................ 3 2.07 Photographing, Recording and/or Broadcasting............................................................................................. 3 2.08 Executive Officer’s Assumption of Responsibilities of The Clerk Of TheSuperior Court .................................. 3 2.09 Code Of Ethics for Court Employees ............................................................................................................. 3 2.10 Appellate Division Rules................................................................................................................................ 3 2.11 Jury Selection Boundaries ............................................................................................................................. 4 2.12 Excuses From Jury Service........................................................................................................................... 4 2.13 Interpreters.................................................................................................................................................... 6 2.14 Weapons....................................................................................................................................................... 7 2.15 Facsimile (FAX) Filing In Civil, Probate And Family Law ................................................................................ 7 2.16 Payment Or Waiver Of Filing Fees................................................................................................9 2.17 [Reserved]...................................................................................................................................10 2.18 Substitution Of Attorneys Or Of Party In Pro Per.........................................................................10 2.19 Procedure Upon Filing Of A Peremptory Challenge, Or Challenge Pursuant To CCP §170.1, 170.3, 170.6 ................................................................................................................................10 2.20 Notices Of Unavailability Of Counsel...........................................................................................10 2.21 Case Party Information................................................................................................................10 2.22 Remote Appear

.........................................................10 2.20 Notices Of Unavailability Of Counsel...........................................................................................10 2.21 Case Party Information................................................................................................................10 2.22 Remote Appearances.................................................................................................................................. 11 2.23 E-Filing………………………………………………………………………………………………………………………11 2.24 Facsimilie filing in criminal matters………………………………………………………………………………………...12 CHAPTER 3. GENERAL CIVIL RULES...................................................................................1 3.01 Scope Of Civil And Law & Motion Rules........................................................................................1 3.02 Motions And Other Applications In General ..................................................................................1 3.03 Ex Parte Motions And Applications ................................................................................................................ 2 3.04 Miscellaneous Rules Affecting Pleadings....................................................................................................... 6 3.05 Motions For Summary Judgment Or Summary Adjudication .......................................................................... 7 3.06 Continuances And Conduct Of Hearings On Motions And Other Applications For Orders............................... 7 3.07 Preparation Of Orders (except family law matters)......................................................................................... 8 3.08 Procedures After Announcement Of Intended Decision Pursuant To CRC Rule 3.1590................................ 10 3.09 Procedures Regarding Applications For Extraordinary Writs ........................................................................ 10 CHAPTER 4. SETTING FOR TRIAL, AND TRIAL, IN CIVIL MATTERS ................................1 4.01 Setting General Civil Cases For Trial............................................................................................................. 1 4.02 Changing Trial Date Once Assigned.............................................................................................................. 4 4.03 RESERVED.................................................................................................................................................. 5 4.04 Duties If Case Settles.................................................................................................................................... 5 4.05 Jury Fees; Waiver of Jury.............................................................................................................................. 5 4.06 Parties Not Present For Trial ......................................................................................................................... 5

4.07 Conduct Of Civil Jury Trials............................................................................................................................ 6
4.08 Setting Unlawful Detainer Cases For Trial ..................................................................................................... 7
CHAPTER 5. MISCELLANEOUS CIVIL RULES.....................................................................1
5.01 Attorney Fees in Civil Actions or Proceedings Not Involving Minors or Incompetent Persons.......................... 1
5.02 Attorney Fees In Civil Actions Involving Minors Or Persons With a Disability.................................................. 2
5.03 Compromise Of Claim Of Minor Or Person With a Disability ........................................................................... 2
5.04 Form Of Judgment ......................................................................................................................................... 2
5.05 Form Of Stipulated Judgment........................................................................................................................ 3

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LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT 5.06 Appeal From Decision Of Labor Commissioner Under Labor Code Section 98.2............................................ 3 5.07 Settlement Conferences ................................................................................................................................ 4 5.08 Sanctions...................................................................................................................................................... 5 5.09 Arbitration...................................................................................................................................................... 5 5.10 Default Prove-Ups......................................................................................................................................... 8 5.11 Prove-Up In Quiet Title Proceedings.............................................................................................................. 8 5.12 Obtaining Default Judgments Pursuant To Service By Publication ................................................................. 9 5.13 Small Claims Court; Appearance By Plaintiff; Dismissal................................................................................. 9 5.14 Representation In Unlawful Detainer Proceedings ....................................................................................... 10 5.15 Service of Unlawful Detainer Complaint .......................................................................................................................10 5.16 False Claims Act Proceedings..................................................................................................................... 11 CHAPTER 6. CRIMINAL RULES – MISDEMEANORS AND FELONIES ...............................1 6.01 Filing Criminal Complaints And Citations ....................................................................................................... 1 6.02 Bail And "O.R." Procedures ........................................................................................................................... 1 6.03 Arrest Warrants And Search Warrants........................................................................................................... 3 6.04 Arraignment .................................................................................................................................................. 3 6.05 Amendments To Complaints And Informations .............................................................................................. 4 6.06 Discovery...................................................................................................................................................... 4 6.07 Preliminary Examinations .............................................................................................................................. 4 6.08 Negotiations Prior To The Pre-Trial Conference............................................................................................. 5 6.09 Pre-Trial Conferences ................................................................................................................................... 5 6.10 Pre-Trial Motions........................................................................................................................................... 6 6.11 Trial Setting ................................................................................................................................................... 7 6.12 Assignment of Trial Judge ............................................................................................................................. 8 6.13 Trial Motions.................................................................................................................................................. 8 6:14 Trial Management Conferences..................................................................................................................... 8 6:15 Policy Regarding Acceptance of Negotiated Plea After Trial Management Conference ................................ 10 6:16 Storage of Dangerous or Toxic Exhibits....................................................................................................... 11 6:17 Requests for Sentence Modification............................................................................................................. 11 6:18 Sanctions.................................................................................................................................................... 11 6:19 Warrant Recall ............................................................................................................................................ 11 6:20 Mental Health Court..................................................................................................................................... 11 6:21 Mental Health Diversion .............................................................................................................................. 12 CHAPTER 7: CRIMINAL RULES - INFRACTIONS................................................................1 7:01 Reserved........................................................................................................................1 7:02 Time And Place.................

............................................................................... 12 CHAPTER 7: CRIMINAL RULES - INFRACTIONS................................................................1 7:01 Reserved........................................................................................................................1 7:02 Time And Place............................................................................................................................................. 1 7:03 Scheduling And Bail ...................................................................................................................................... 1 7:04 Reserved ...................................................................................................................................................... 1 7:05 Continuances ................................................................................................................................................ 1 7:06 Traffic School................................................................................................................................................ 1 7:07 Trials By Declaration ..................................................................................................................................... 2 7:08 Trial in Absentia.......................................................................................................................................................................................2 7.09 Ability to pay: Clerk determination……………………………………………………………………………………. 3 7:10 Incorporation of Criminal Procedural and Other Rules................................................................................... 3 CHAPTER 8: FAMILY LAW RULES........................................................................................1 8:01 Organization Of Family Law Proceedings ...................................................................................................... 1 8:02 Family Law Motions, Orders To Show Cause, And Requests for Orders........................................................ 2 8:03 Family Law Discovery ................................................................................................................................... 3 8:04 Rules Applicable To All Financial, Child Support, And Spousal Support Issues.............................................. 3 8:05 Procedures And Policies For Resolution Of Custody And Visitation Issues .................................................... 4 8:06 Contested Trials............................................................................................................................................ 8 8:07 Judgments By Default; And Uncontested Dissolutions................................................................................. 10 8:08 Uncontested Judgments Pursuant To Stipulation........................................................................12 8:08 Reserved .................................................................................................................................................... 14 8:09 Facilitator and Self-Help Clinic ..................................................................................................................... 14 8:10 Adoptions.................................................................................................................................................... 15 8:11 Sanctions.................................................................................................................................................... 16 CHAPTER 9: PROBATE RULES.............................................................................................1 9:01 Caption Of Probate Documents..................................................................................................................... 1 9:02 Settings And Assignments; Continuances...................................................................................................... 1 9:03 Filing Of Documents; And Review Prior To Hearing....................................................................................... 2 9:04 Reserved ...................................................................................................................................................... 2 9:05 General Notice Requirements........................................................................................................................ 2 9:06 Probate Orders And Decrees; Ex Parte Applications; Nunc Pro Tunc Correction Of Clerical Error.................. 3 9:07 Provisions Relating To The Appointment Of Executors And Administrators .................................................... 5 9:08 Appearance Of Counsel In Uncontested Matters ........................................................................................... 7 9:09 Contested Matters......................................................................................................................................... 7 9:10 Orders For Family Allowance ........................................................................................................................ 7 9:11 Probate Letters............................................................................................................................................

............................................... 7 9:10 Orders For Family Allowance ........................................................................................................................ 7 9:11 Probate Letters.............................................................................................................................................. 8

Revised 7/1/2024 Table of Contents iii

LOCAL RULES SISKIYOU COUNTY SUPERIOR COURT 9:12 Required Matters In A Petition For Final Distribution...................................................................................... 8 9:13 Required Form Of Accounts In All Probate Proceedings .............................................................................. 11 9:14 Petition To Establish The Fact Of Death ...................................................................................................... 11 9:15 Petition To Set Aside Spousal Property ....................................................................................................... 11 9:16 Sales Of Real Property................................................................................................................................ 12 9:17 Attorneys Fees............................................................................................................................................ 14 9:18 Non-Statutory (Extraordinary) Fees And Commissions................................................................................. 14 9:19 Guardianship Appointments......................................................................................................................... 15 9:20 Probate Conservatorship Appointments....................................................................................................... 16 9:21 Independent Powers In Guardianship And Conservatorship Matters............................................................ 16 9:22 Bond In Guardianships And Conservatorships............................................................................................. 17 9:23 Conservator’s Handbook............................................................................................................................. 17 9:24 Responsibility Of Parents To Support Ward................................................................................................. 18 9:25 Investments By Guardians........................................................................................................................... 18 9:26 Blocked Accounts In Guardianships And Conservatorships.......................................................................... 19 9:27 Accounts of Guardians and Conservators.................................................................................................... 20 9:28 Change Of Conservatee’s Address.............................................................................................................. 21 9:29 Procedures Upon The Death Of The Ward Or Conservatee......................................................................... 21 CHAPTER 10: JUVENILE DEPENDENCY RULES.................................................................1 10:01 General Applicability Of The Siskiyou County Local Rules Of Court To Juvenile Dependency Proceedings.... 1 10:02 Calendar Matters........................................................................................................................................... 1 10:03 Attorneys Representing Parties In Dependency Proceedings......................................................................... 2 10:04 Court-Appointed Special Advocate Program.................................................................................................. 4 10:05 Dependency Mediation.................................................................................................................................. 7 10:06 Reserved ...................................................................................................................................................... 9 10:07 Confidentiality................................................................................................................................................ 9 CHAPTER 11: JUVENILE DELINQUENCY RULES ................................................................1 11:01 General Applicability Of The Siskiyou County Local Rules Of Court To Juvenile Delinquency Proceedings .... 1 11:02 Calendar Matters........................................................................................................................................... 1 APPENDIX 1: RULES FOR DECORUM IN THE COURTROOM............................................................................1

Revised 7/1/2024 Table of Contents iv

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT APPENDICES

APPENDIX 1: Courtroom Decorum APPENDIX 2: Code Of Ethics [Amended effective January 1, 2019] APPENDIX 3: Declaration Re Ex Parte Notice (mandatory form, SC-CV-1) [Amended effective January 1, 2019, amended effective January 1, 2020] APPENDIX 4: Case Party Information [Renumbered effective January 1, 2019] APPENDIX 5: Petition to Inspect Adoption Records [Renumbered and amended effective July 1, 2020] APPENDIX 6: Form Of Accounts [Renumbered effective January 1, 2019] [Deleted effective January 1, 2019] [Deleted effective January 1, 2019] APPENDIX 7: Citation to Parent (SC-AD-3) [Renumbered effective January 1, 2019] APPENDIX 8: [Deleted eff July 1, 2020,] Replaced with Request for Court Reporter by Party with Fee Waiver [effective July 1, 2020] Renumbered effective January1, 2019] APPENDIX 9: Declaration Re Ex Parte Notice (mandatory form, SC-FL-2) [Deleted effective January 1, 2019] APPENDIX 10: Case Party Information (mandatory form, SC-FL-4) [Deleted effective January 1, 2019] [Deleted effective January 1, 2019] APPENDIX 12: Reserved [Deleted effective January 1, 2019] APPENDIX 13: Reserved [Deleted effective January 1, 2019] APPENDIX 14: At Issue Memorandum (mandatory form, SC-FL-3) [Deleted effective January 1, 2019]

RULE 10.613(f)(3) LIST OF EFFECTIVE DATES

Revised 7/1/2024 Table of Appendices i

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 1: GENERAL RULES

1.01 Citation of Rules These Rules are to be cited as the “Local Rules of the Siskiyou County Superior Court.” Rule 1.01 renumbered effective July 1, 2024; adopted as Rule 1:01 effective January 1, 1997; amended effective January 1, 2003.

1.02 Effective Date of Rules These rules shall take effect on July 1, 2026. Rule 1.02 amended effective January 1, 2026; adopted as Rule 1:02 January 1, 1997; previously amended effective July 1, 2014, January 1, 2019, January 1, 2022, July 1, 2023, July 1, 2025, and July 1, 2026; amended and renumbered effective July 1, 2024.

1.03 Effect of Rules On their respective effective dates these Rules, as amended, will supersede all Local Rules previously adopted. Rule 1.03 amended and renumbered effective July 1, 2024; adopted as Rule 1:03 effective January 1, 1997; amended effective July 1, 2010.

1.04 Construction and Application of Rules; Publisher of Rules These Rules will be construed and applied in such a manner so as to avoid conflict with the laws of the State of California or the California Rules of Court and will be liberally construed in order to facilitate and promote the administration of justice by the Superior Court. These Rules do not apply to actions or proceedings in the Small Claims Division unless the text of a specific Rule indicates otherwise. These Rules apply to any person appearing before the Court on his or her own behalf, without a lawyer, as well as to attorneys. The Executive Officer of the Superior Court is the official publisher of these Rules and will provide a copy of the Rules to the County Law Library. In addition, copies will be maintained for public inspection in the offices of the Clerk of the Court. The publisher will make copies of the Rules available for sale to the public for a reasonable fee and also make these Rules available for viewing or downloading on the Court’s website (https://www.siskiyou.courts.ca.gov/general-information/local- rules-standing-orders . Rule1.04 amended and renumbered effective July 1, 2024; adopted as Rule 1:04 January 1, 1997; amended effective July 1, 2010.

Siskiyou County Superior Court Local Rules 1-1

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1.05 Definitions of Words Used in these Rules The definitions set forth in Rule 1.6 of the California Rules of Court apply to these Rules with equal force and for all purposes, unless the context or subject matter otherwise requires. Revised 01/01/2025The word "person" includes and applies to corporations, firms, associations, and all other entities, as well as to natural persons. The word "affidavit" includes and applies to a declaration; and the word "declaration" includes and applies to an affidavit. The use of the masculine, feminine, or neuter gender includes the others. The word "Court" means the Superior Court of the State of California in and for the County of Siskiyou; and it includes any judge, commissioner or judicial officer or temporary judge appointed or elected to the Court, and any judge duly assigned thereto. The word "judgment" includes and applies to any judgment, order, or decree from which an appeal lies. The terms "in propria persona", "in pro per", “unrepresented party”, or “self- represented party” all mean a person appearing without a lawyer. The word “civil” means all matters of a general civil nature and all matters that are special proceedings under the California Code of Civil Procedure; the word “probate” means all matters brought under the California Probate Code regardless of whether a decedent’s estate is the subject of the action; and the phrase “family law” applies to all matters brought under the California Family Code. Rule 1.05 amended and renumbered effective July 1, 2024; previously adopted as Rule 1:05 effective January 1, 1997; amended effective January 1, 2007, and January 1, 2019.

1.06 Amendment or Addition to, or Repeal of, Local Rules of Court These Rules may be amended or repealed, and new Rules may be added, by a majority vote of the judges of the Siskiyou County Superior Court. Rule 1.06 amended and renumbered effective July 1, 2024; adopted as Rule 1:06 effective January 1, 1997; amended effective January 1, 2001.

Siskiyou County Superior Court Local Rules 1-2

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 2: ADMINISTRATIVE MATTERS

2.01 Commissioners and Judges Pro Tem

A. Court Commissioners
1) Appointment. Court commissioners will be appointed by, and will serve at
the pleasure of, the Presiding Judge of the Superior Court.
2) Duties as Commissioner. Within the jurisdiction of the Court and under
the direction of the presiding judge, commissioners will exercise all the
powers and perform all the duties prescribed by law to be performed by
commissioners of the appointing court, and such additional powers and
duties as may be authorized by law.
3) Duties as Judge Pro Tem. At the direction of the presiding judge,
commissioners may have the same jurisdiction and may exercise the same
powers and duties as a judge; and, with the consent of the parties where
required by law, may hear any other action as judge pro tem.

B. Temporary Judges (“Judge Pro Tem”)
Temporary judges will be appointed for the Court in accordance with Rules 2.810 et seq.
of the California Rules of Court; and will serve as assigned by, and under the control and
supervision of, the presiding judge of the Court.

Rule 2.01 renumbered effective July 1, 2024; adopted as Rule 2:01 effective January 1, 1997; amended effective January 1, 2007 and January 1, 2019.

2.02 Official Court Reporters

A. Reported Proceedings
The following proceedings are not normally reported by an official court reporter: any
infraction or misdemeanor proceeding or trial; civil, probate, and family law trials; family
law contested hearings; hearings carried over from the regular order to show cause
calendar in family law; small claims trials de novo; and uncontested hearings of any civil,
probate, or family law nature. The Court, in its own discretion, may order that any of the
aforesaid matters be reported.

B. Request for Presence of Official Court Reporter; and Deposit
Any party who requests the presence of an official court reporter for a trial or other
proceeding not normally reported (as set forth in subpart 2.02.A, above) must make that
request, by written notice to the clerk of the Court, not less than ten (10) days prior to
commencement of the proceeding or at such other time as the Court may require; and at
the same time the requesting party, in order to reserve an official court reporter, must
deliver a deposit to the clerk of the Court in an amount that is equal to the fee for the first

Revised 01/01/2025 Siskiyou County Superior Court Local Rules 2-1

full day of the court reporter’s services. This fee will be calculated in the manner specified by CRC Rule 2.958. [Gov’t.C §68086(a); CRC Rules 2.956, 2.958.] The deposit and fee for court reporting services are waived at the request of parties proceeding in forma pauperis pursuant to Jameson v. Desta (2018) 5 Cal.5th 594. Any request for a court reporter by a party with a fee waiver must be made on Judicial Council Form FW- 020. (Subdivision B. amended effective July 1, 2025)

C. Effect of Settlement on Deposit for Official Court Reporter
If the proceeding for which an official court reporter has been requested is settled or
continued, or for any other reason does not go forward as calendared, it is the duty of the
party who requested the reporter to so notify both the court manager and the office of the
official court reporter, not later than 24 hours prior to the scheduled proceeding. Failure
to provide such notice will result in forfeiture of the deposit for the requested court
reporter, and the deposit will be applied to payment for the court reporter's services. The
court reporter will be entitled to receive his or her per diem rate and mileage, if any.

Rule 2.02 renumbered effective July 1, 2024; adopted as Rule 2:02 effective January 1, 1997; amended effective July 1, 2025; previously amended effective July 1, 2014, January 1, 2019, and July 1, 2020.

2.03 Case Disposition Time Standards It is the policy of the Court to manage all cases from filing (in civil matters) and first appearance (in criminal matters) through final disposition. This policy is to be construed in a fashion that is consistent with existing law. This policy is established to maximize efficient use of Court resources; to improve the administration of justice by encouraging prompt disposition of all matters coming before the Court; and to resolve cases within the time standards established in Section 2.2 of the California Rules of Court, Standards of Judicial Administration. Rule 2.03 renumbered effective July 1, 2024; adopted as Rule 2:03 effective January 1, 1997; amended effective July 1, 2014 and January 1, 2019.

2.04 Smoking or Vaping During Court Proceedings There is no smoking or vaping anywhere inside the Siskiyou County Courthouse. Smoking and vaping are permitted outside of the building in designated areas only. Rule 2.04 amended effective January 1, 2025; adopted as Rule 2:04 effective January 1, 1997; amended effective January 1, 2003 and January 1, 2019; renumbered effective July 1, 2024.

2.05 Courtroom Decorum Persons appearing in the Courtroom and remotely must adhere to the conduct prescribed by Appendix 1 to these Rules. Rule 2.05 renumbered effective July 1, 2024; adopted as Rule 2:05 effective January 1, 1997; amended effective July 1, 2025; previously amended effective January 1, 2003.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

2.06 Cellular Phones and Electronic Devices All cellular phones, smart phones, tablets, pagers, and any similar devices which create a risk of causing audible noise in the courtroom shall be turned off. Such devices may be placed on silent vibration mode unless that mode still makes an audible noise. Any devices in violation of this rule will be confiscated by the bailiff. Rule 2.06 renumbered effective July 1, 2024; adopted as Rule 2:06 January 1, 1997; deleted January 1, 2001; added effective July 1, 2012; amended effective January 1, 2019.

2.07 Photographing, Recording and/or Broadcasting Any and all “photographing” and/or “recording” and/or “broadcasting” as defined by California Rules of Court, Rule 1.150(b) of people, things, conversations, or proceedings is strictly prohibited in any courthouse facility, including but not limited to stairways, elevators, waiting areas, hallways, entrances, security screening stations, service areas, through windows, through doors, and with respect to any other accessible areas of courthouse facilities, whether access was intended or not, absent written order of a Judge of the specific courthouse facility. Any device that appears capable of photographing, recording, or broadcasting is subject to confiscation. Rule 2.07 renumbered effective July 1, 2024; adopted as Rule 2:07 January 1, 1997; amended effective January 1, 2019; renumbered January 1, 2003.

2.08 Executive Officer’s Assumption of Responsibilities of The Clerk of theSuperior Court The court executive officer will exercise or perform the powers, duties, and responsibilities of the clerk of the Court that are specified in Government Code §§ 69840 et seq. and by any other statutory authority. Rule 2.08 renumbered effective July 1, 2024; adopted effective January 1, 1997; amended and renumbered effective July 1, 2010; amended effective July 1, 2012 and January 1, 2019.

2.09 Code of Ethics for Court Employees The Court adopts the Code of Ethics for Court Employees promulgated by the California Judicial Council on May 17, 1994 (revised October 23, 2009) and directs that all court employees be bound by this Code. The Code of Ethics is set forth in its entirety in Appendix 2 of these Rules. Rule 2.09 renumbered effective July 1, 2024; previously adopted effective January 1, 1997; renumbered effective January 1, 2003; amended effective July 1, 2012.

2.10 Appellate Division Rules The following Rules apply to proceedings before the Appellate Division of the Siskiyou County Superior Court:

A. Trial Court File in Lieu of Clerk’s Transcript
The original trial court file may be used instead of a clerk’s transcript on appeal in limited
civil cases, misdemeanor and infraction appeals pursuant to CRC 8.833, 8.863 and 8.914
unless the trial court orders otherwise after notice to the parties. The clerk may transmit
to the appellate division the complete trial court file with a copy of all docket entries.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The original or a copy of the docket entries shall be retained in the trial court.

B. Required Copies of Appellate Briefs

All briefs filed with the Appellate Division must be accompanied by two additional
copies.

C. Oral Argument
Unless written request for oral argument is submitted at the time appellant’s opening brief
is filed, oral argument will be deemed to have been waived.

D. Ex Parte Applications and Motions
All ex parte applications for extensions of time or other routine matters must be
submitted to the clerk of the Court, who will present the application to the presiding
judge of the Appellate Division for review. All motions, including motions for relief from
default, together with proper proof of service, must be filed with the clerk of the Court.
Opposition papers must be served and filed within seven (7) days after the filing of the
motion. The Appellate Division may rule on the motion with or without a hearing.

E. Filing of Appellate Division Opinions
An Appellate Division opinion may be filed after it has been signed in counterpart by the
appellate panel and may be in the form of a facsimile transmission document bearing the
signature of any panel member.

F. Appointment of Counsel for Appeal in Criminal Matters
Persons who seek appointment of counsel pursuant to Rule 8.851 of the California Rules
of Court must obtain the necessary application form from the clerk of the Criminal
Division and file the completed forms.

Rule 2.10 renumbered effective July 1, 2024; adopted effective January 1, 1997; amended and renumbered effective July 1, 2010; amended effective January 1, 2019 and July 1, 2023.

2.11 Jury Selection Boundaries Except as otherwise provided by Code of Civil Procedure §§190, et seq., jury selection boundaries for the Superior Court of Siskiyou County will be the entirety of Siskiyou County, California. Rule 2.11 renumbered effective July 1, 2024; adopted as Rule 2:11 effective January 1, 1997; amended effective January 1, 2003 and January 1, 2019.

2.12 Excuses From Jury Service

A. General Policy Re Excuses From Service
1) No class or category of persons will be automatically excluded from jury
service, except as may be provided by law.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

2) A statutory exemption from jury service will be granted only when the
eligible person claims it.
3) Inconvenience to a prospective juror or an employer is not an adequate
reason to be excused from jury service, although it may be considered as a
ground for deferral.
4) Deferring jury service is preferred to excusing a prospective juror for a
temporary or marginal hardship. Vacations or extended trips are examples
of circumstances that warrant deferral rather than excuse from jury
service.
5) A juror who has served on a grand jury or trial jury anytime during the
twelve months immediately preceding his or her call to jury service, or
any longer period that the Court deems appropriate, will be excused from
service at his or her request.

B. Form of Request to be Excused From Jury Service
A request to be excused from jury service for hardship must be from the prospective juror
and must be in writing. The request must be supported by the juror’s statement of facts,
specifying the hardship and explaining why the circumstances constituting the hardship
cannot be avoided by deferral of service. Only a judge can excuse a juror for a hardship
during trial. The Court will maintain a record of all such requests that have been granted,
and of all deferrals of jury service.
(Subd B. amended effective January 1, 2025.)

C. Grounds For Excuse
Excuse on the grounds of undue hardship may be granted for any of the following
reasons:

1) The juror has no reasonably available means of public or private
transportation to court.

2) The juror must travel an excessive distance. (Excessive distance is defined
as travel time that exceeds two (2) hours from the juror's home to the location of the
court.)

3) The juror will bear an extreme financial burden. The following will be
considered in determining whether or not to excuse the juror for extreme financial
burden:
(a) Sources of the juror's household income.
(b) Availability/extent of income reimbursement.
(c) Expected length of service.
(d) Whether or not jury service can reasonably be expected to
compromise the juror’s ability to support either the juror or his or

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her dependents, or so disrupt the economic stability of any individual as to be against the interests of justice. (e) The juror will bear a risk of injury to or destruction of juror's property, or of property entrusted to juror, where it is not feasible to make alternative arrangements to alleviate the risk. The following will be considered in determining whether or not to excuse the juror because of risk to property: i. The nature of the property; ii. The source and duration of the risk; iii. The probability that the risk will be realized; iv. The reason why alternative arrangements to protect the property cannot be made; and v. Whether material injury to or destruction of the property will so disrupt the economic stability of any individual as to be against the interests of justice. 4) The juror has a physical or mental disability or impairment, not affecting his or her competence to act as a juror, which would expose the juror to undue risk of mental or physical harm. Unless the prospective juror is aged 70 years or older, he or she may be required to furnish verification of the disability or impairment, its probable duration, and the particular reasons for the inability to serve. 5) The juror's services are immediately needed for the protection of the public health and safety, and it is not feasible to make alternative arrangements to relieve the juror of these responsibilities during the period of service as a juror, without substantially reducing essential public services. 6) The juror has a personal obligation to provide actual and necessary care for another, including a sick, aged, or infirm dependent, or a child who requires the juror's personal care and attention, and comparable substitute care is neither available nor practical without imposing an undue economic hardship on the juror or person cared for. When the request to be excused is based on care provided to a sick or disabled person, the juror will be required to furnish verification that the person being cared for is in need of regular and personal care. Rule 2.12 amended effective January 1, 2025; adopted as Rule 2:12 January 1, 1997; amended effective January 1, 2003; renumbered effective July 1, 2024.

2.13 Interpreters As long as there is funding, the Court will provide interpreters for civil cases (which include, but are not limited to, special proceedings and all matters brought under the California Family and Probate Codes). The Court will provide interpreters for criminal cases as required by law. A party needing an interpreter for a hearing may request one, either personally (if unrepresented) or through counsel, by using Judicial Council Form INT-300. This form must be completed and

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returned to the Court at least 5 court days prior to the hearing. If a requested interpreter is no longer needed, it is the responsibility of the requesting party and/or attorney to so notify the Court at least 72 hours prior to the scheduled hearing. Failure to provide such notice may result in the Court ordering the party and/or their attorney to pay the interpreter costs. Given the physical distance of the court to most interpreters, it is anticipated that interpreters will be made available by Zoom for matters that are scheduled for less than fifteen (15) minutes. A party may provide his or her own interpreter if the interpreter is certified, or provisionally qualified, under California law to interpret the language in question. Rule 2.13 amended effective July 1, 2026; adopted as Rule 2:13 effective January 1, 1997; amended effective January 1, 2007, January 1,2019, January 1, 2020, January 1, 2022, and January 1, 2025; previously renumbered effective July 1, 2024.

2.14 Weapons

A. Firearms
The wearing of a firearm is prohibited in any court building except by:
1) Duly appointed peace officers who are on-duty. Court security officers will
identify and inquire if law enforcement officers are on official business.;
and
2) Judges who possess a current California concealed weapons permit issued
either by the Sheriff of Siskiyou County or the Chief of Police from the
city in which they reside.
Active or retired law enforcement officers not on official business and all attorneys with
the District Attorney’s Office will not be permitted to bring weapons into the courthouse.
A peace officer shall not bring or possess any weapon in any courtroom if he or
she is a party to an action pending before the court on any day that case is on the court’s
calendar. These weapons include, but are not limited to, guns, knives, pepper spray,
impact weapons, and tasers.
(Subd A. amended effective January 1, 2025.)
B. Other Weapons and Sharp Objects
Members of the general public will be screened for any pointed objects capable of
inflicting a stab wound or possessing sharpened edges or surfaces capable of cutting.
These items include, but are not limited to, knives, scissors, screwdrivers, metal combs,
ice picks, letter openers, and knitting needles. Assuming these items are not otherwise
illegal, they will be returned to the individual for the purpose of immediately exiting the
courthouse and securing the items in the individual’s vehicle.
(Subd B. lettered effective January 1, 2025; adopted as part of Subd A. effective January
1, 1997.)

Rule 2.14 amended effective January 1, 2025; adopted effective January 1, 1997; deleted July 1, 2010, readopted as Rule 2:14 effective July 1, 2014; amended effective January 1, 2022; previously renumbered effective July 1, 2024.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

2.15 REPEALED Rule 2.15 repealed effective July 1, 2024; adopted effective January 1, 1997; previously amended effective July 1, 2014, January 1, 2019, January 1, 2020, January 1, 2022, and January 1, 2022, and July 1, 2023.

2.16 Payment or Waiver of Filing Fees

A. Waiver by Clerk of the Court
Pursuant to Government Code § 68634(d), the clerk is authorized to grant applications for
fee waivers that meet the standards of eligibility established by Government Code
§§68632 and 68633.

B. Effect of Fee Waiver on Award of Costs
In all cases in which a prevailing party has been granted a waiver of fees and is awarded
costs, the Court will order that the party bearing costs pay, directly to the Court, the
aggregate of any fees that were waived.
C. Fee Waiver for Witness Interpreter
There will be no waiver of fees for payment of a court-appointed interpreter for witnesses
in civil, family law, or probate cases, unless the Court has approved the requesting
party’s application. [CRC Rule 3.56(2).]

D. Mandatory form FW-003
No application for a fee waiver will be considered unless it is accompanied by Judicial
Council form FW-003.

(Subdivision D. adopted effective July 1, 2026)

Rule 2.16 amended effective July 1, 2026; adopted as Rule 2:16 January 1, 1997; amended effective January 1, 2007 and January 2019; previously renumbered and amended effective July 1, 2024.

2.17 [Reserved]

Rule 2.17 deleted July 1, 2010; adopted January 1, 1997.

2.18 Substitution of Attorneys or of Party In Pro Per

A substitution of attorneys or substitution of a party in pro per is not complete or effective unless the address and telephone number of the new attorney or new unrepresented party, and the state bar number of the new attorney, are included on the substitution form.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Rule 2.18 amended effective January 1, 2003; adopted effective January 1, 1997.

2.19 Procedure Upon Filing of a Peremptory Challenge, or Challenge Pursuant to CCP §170.1, 170.3, 170.6 Upon the filing of any challenge to a judicial officer sitting in the Superior Court pursuant to Code of Civil Procedure §§170.1, 170.3 or 170.6, the clerk will deliver the challenge, together with the Court’s file for that action, to the office of the presiding judge of the Court. A perfected challenge will be noted by a flag on the outside of the Court’s file. Rule 2.19 amended effective January 1, 2025; adopted as Rule 2:19 effective July 1, 1997; amended effective January 1, 2014; amended and renumbered effective July 1, 2024.

2.20 Notices of Unavailability of Counsel The Court will not post or accept general notices of unavailability of counsel, for any reason. “[A] “notice of unavailability” is not a fileable document under the Rules of Court and will be returned to counsel. (Carl v. Superior Court (2007) 157 Cal.App.4th 73, 77.) This policy is not intended to prohibit an attorney from providing notices of unavailability in specific cases [Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299]; and is not an indication that the Court will be predisposed to award sanctions if such notice in specific cases is disregarded by opposing counsel or unrepresented party. Rule 2.20 amended and renumbered effective July 1, 2024; adopted as Rule 2:20 effective January 1, 1997; amended effective January 1, 2019 and January 1, 2001.

2.21 Case Party Information All initial Civil, Probate, and Family Law filings shall be accompanied by a completed Case Party Information. (See Appendix 4) Rule 2.21 renumbered effective July 1, 2024; adopted as Rule 2:21 effective January 1, 2019.

2.22 Remote Appearances

A. Introduction:

Remote appearance means the appearance at a court hearing using remote technology by
a party, defendant, attorney, witness, victim or others (social workers, tribal
representatives, CASA, other experts.)

Pursuant to California Rules of Court, Rule 3.672 and Code of Civil Procedure Section
367.75, when a party has provided notice to the court and all other parties that it intends
to appear remotely, a party may appear remotely and the court may conduct conferences,
hearings, and proceedings, in whole or in part, through the use of remote technology.
Requirements for remote proceedings differ between criminal and civil proceedings.
Civil proceedings, as defined in California Rules of Court 1.6, include all cases except
criminal cases and petitions for habeas corpus. Remote appearances in criminal cases
shall be consistent with Penal Code section 977, these rules, and the instructions and

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requirements on the court’s website and are in all cases, at the court’s discretion.

Remote technology means technology that provides for the transmission of video and audio signals or audio signals alone, including, but not limited to, a computer, tablet, telephone, cellphone, or other electronic communication device.

Parties and witnesses appearing remotely are required to conduct themselves as if they were personally present in court and conform to all applicable rules of such an appearance. Parties and witnesses appearing remotely must ensure that they are in a quiet and stationary location free of visual and audio distractions. Parties and witnesses appearing remotely must enable video unless prior permission for an audio only appearance was granted. It is the responsibility of the Party requesting the remote appearance to ensure that these requirements are observed. The Court may terminate a remote appearance if the party appearing remotely does not conform to these standards.

Permission to appear remotely may be modified or revoked by the Court. Parties appearing remotely without first filing the proper notice or securing permission from the Court may be deemed by the Court to have failed to appear.

Remote appearance instructions, requirements, and other information are available on the court’s website at www.siskiyou.courts.ca.gov.

(Subdivision A. numbered effected July 1, 2026)

B. Procedure

Permission to appear remotely will be denied if the Notice of Remote appearance does
not specifically identify who is appearing remotely and which party they are appearing
for.

Permission to appear remotely will be denied if the Notice of Remote Appearance does
not clearly identify the screen name or telephone number of the person appearing
remotely.

Parties will not be allowed to join a court session remotely unless their screen name or
telephone number matches an approved Order Regarding Remote Appearance.

A request for remote appearance in a criminal case shall be submitted at least five court
days in advance of the proceeding on form SC-CR-2 “Request & Order for Remote
Appearances,” available on the court’s website. The form is required even if a judicial
officer indicates preliminarily that authorization will be granted. If a defendant is
represented by counsel and requests a remote appearance, the request shall be submitted
by counsel. Counsel will not be permitted to appear remotely when the defendant
appears in person.

Individuals appearing remotely assume the risk of technical difficulties, including but

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not limited to connection, audio or video problems, the inability to receive or view documents, and the inability to have private conversations with counsel or sidebars with the court. When such difficulties arise, the court may exercise its discretion to continue the matter, order personal appearances, or proceed with the matter in the absence of the person who requested a remote appearance.

(Subdivision B. adopted effective July 1, 2026.)

Rule 2.22 amended effective July 1, 2026; adopted as Rule 2:22 effective July 1, 2022; amended effective July 1, 2023 and January 1, 2025; renumbered effective July 1, 2024.

2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims A. E-Filing is permissive and paper filings will continue to be accepted in-person at the clerk’s service windows. Civil, Probate, Family Law, and Small Claims documents will not be accepted by this court through any other electronic methods (i.e., email or fax). All documents E-Filed shall be in accordance with and abide by California Rules of Court, Title 2, Division 3, Chapter 2 and Code of Civil Procedure, Section 1010.6. The rules for submitting filings electronically are as follows:

1) Civil, Family Law, Probate, or Small Claims Filings will not be accepted
by this court through any other electronic methods (i.e., email or fax),
Domestic Violence and Gun Violence Restraining Orders will be accepted
via an email address posted on the Court’s website.

2. E-Filings must be submitted through an authorized Electronic Filing
Service Provider (EFSP). Each EFSP may charge a transaction fee. EFSP
fees are waived for parties with an active fee waiver and government
entities. A list of authorized EFSPs will be maintained on the Court’s
website.

3. Any documents received electronically by the Court between 12:00am to
11:59:59p.m. on any court day, are deemed filed that same day, if in
proper form. Any documents received electronically on a non-court day
(i.e., weekend, holiday) are deemed filed on the next court day.

4. Documents submitted through E-Filing must be in PDF Format, text
searchable, and viewable on any standard PDF viewer.

a. All documents equal to or exceeding 10 pages and containing
multiple exhibits or sections must be bookmarked with the title of the
corresponding exhibit or section.
b. All documents submitted electronically must include page numbers.

5. The following documents are excluded from E-Filing and must be
submitted in paper format:

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a. Original Will and Codicil. b. Bonds/undertaking. c. Exhibits to be lodged for hearings or trials. d. Subpoenaed documents. e. Copy requests. f. Any document to be submitted in paper format ordered by the Court.

Rule 2.23 adopted effective July 1, 2024.

2.24 Facsimile (FAX) Filing in Criminal Matters

A. The filing of documents by facsimile (“FAX”) transmission is discretionary with
the Court, and the privilege is limited as follows:

1) Filing by facsimile transmission is permissive and only for subsequent
documents in criminal matters, by counsel and/or by unrepresented
parties. The cost for fax filing is $1.00 per page, including any cover
page.

2) The Court may suspend the FAX filing privileges of any party or attorney
who fails to comply with the requirements of this Rule.

3) The Court may disregard any document filed by facsimile transmission
that is not in compliance with this Rule.

4) Because filing by facsimile transmission is permissive only, the cost of
filing papers with the Court pursuant to this Rule is not recoverable under
Code of Civil Procedure §1033.5.

B. FAX Filing Procedures by Direct Filing with the Court

1) Fax filing number for the Criminal Division is (530) 572-4015.

2) Papers may be faxed directly to the clerk's office, for filing or
communication to the Court, on the following terms and conditions:

a. Due to simultaneous transmissions, mechanical breakdown, and other
potential problems, direct FAX filing may not be available at all times.
Parties and counsel rely on direct FAX filing at their own risk. FAX filing
is not recommended for filings over 10 pages. The Court will consider
applications for relief from failure to file required papers only when such
failure can be shown to be attributable to the malfunction of the court's
FAX machine, not to a malfunction of the transmitting machine. The clerk
will not review FAX-filed documents to determine whether the documents
have been transmitted legibly or completely.

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b. Every paper received by FAX pursuant to this rule must be accompanied by an informational cover sheet that identifies the transmitting party, his or her telephone number and address, the date of the transmission, the case name, and the case number.

c. Upon receipt of papers filed by direct FAX, the cover sheet will be

considered as presumptive proof that the subject paper was filed on the date indicated thereon, unless the transmission was commenced after 5:00 p.m., in which case the filing will be presumed to have been accomplished on the next court day, and so filed in by the clerk. The time that the transmission was commenced will be determined by the “time received” message that is printed at the top of the document by the court’s FAX machine.

Rule 2.24 adopted effective July 1, 2024.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 3: GENERAL CIVIL RULES

3.01 Scope of Civil and Law & Motion Rules Subject to the limitations imposed by Rule 3.20 of the California Rules of Court, this chapter of the Local Rules is intended as a guide to the conduct of all civil pretrial matters, and is controlling for law and motion matters pursuant to the following: Code of Civil Procedure §§527.6, 527.7, 527.8, and 527.85; the Family Code; the Probate Code; and the Welfare and Institutions Code. Trial and post-trial proceedings, including but not limited to motions in limine, are governed by Chapter Four of these Rules. Rule 3:01 renumbered 3.01 and amended effective July 1, 2024; previously adopted as Rule 3:01 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019.

3.02 Motions and Other Applications in General

A. Format of Papers
All papers filed in support of or in opposition to a motion or other application for an
order must comply with Rules 2.100 – 2.119, Rule 3.1110, and Rules 3.1112 – 3.1115 of
the California Rules of Court. Failure to comply with those Rules may, in the Court’s
discretion, constitute a sufficient basis for the Court to deny relief or to otherwise
disregard the papers filed. This paragraph is not intended to diminish the Court’s
authority to exercise its discretion in any other appropriate manner.

B. Time for Filing; Calendar Changes; Proofs of Service
Unless otherwise ordered or specifically provided by law, all moving and supporting
papers, all papers opposing a motion, and all reply papers must be filed and served as
required by Code of Civil Procedure §1005(b).
In order to determine if timely notice has been accomplished pursuant to CCP §1005(b),
the Court will first count back 16 court days and then any further calendar days for the
form of service that has been utilized by the moving party. In counting both segments of
time, the Court will exclude the first day (e.g., the actual date of personal service or of
mailing) and will include the last day (the date of the hearing or other proceeding).
When a court holiday has been declared for what otherwise would be a regular law &
motion day, law & motion matters must be set for hearing on the next regularly-
scheduled law & motion calendar, not on the next court day.
Failure to timely serve and file a moving or responding paper, or to timely file a proof of
service, may, in the Court's discretion, constitute a sufficient basis for denial of the
motion or application, or to disregard the paper. This paragraph is not intended to
diminish the Court's authority to exercise its discretion in any other appropriate manner,
including but not limited to granting of a continuance or the imposition of sanctions.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

C. Failure to Serve and File Opposition
Failure to serve and file papers in opposition to a motion or any other application for a
Court order (other than opposition to an ex parte application) may be deemed, in the
Court’s discretion, to be 1) a waiver of objections and 2) an admission that the motion or
other application is meritorious.

D. Matters Submitted Without Appearance
In general, submission of matters without appearance by counsel or unrepresented party
is encouraged, and will not be prejudicial to any party. Prior notice of non-appearance is
required. This required notice must be given by means reasonably calculated to ensure
receipt by the court calendar coordinator and opposing parties no later than two (2) days
prior to the hearing date. If an out-of-county judge has been assigned to the case, counsel
must give notice of non-appearance at the earliest possible date, in no case later than two
(2) court days before the hearing.

E. Reply Briefs
Except with regard to motions for summary judgment, the Court discourages submission
of reply briefs.

F. Tentative Rulings
The Court may establish in the future, and without amendment of these Rules, a
procedure for publishing or otherwise announcing tentative rulings.

Rule 3.02 renumbered and amended effective July1, 2024; adopted as Rule 3:02 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

3.03 Ex Parte Motions and Applications

A. Applicability; Calendaring and Submission of Documents
Rules 3.1200 - 3.1207 of the California Rules of Court govern ex parte matters in
general civil law and motion proceedings, and ex parte matters in family law
discovery and probate discovery proceedings. Unless otherwise specified, the
provisions of this Local Rule 3.03 apply to all other ex parte matters. Note: For
those matters which are governed by CRC Rules 3.1200 - 3.1207, the ex parte
applicant must comply with the requirements of Part 3.03.C, below, concerning
calendaring the ex parte matter with, and submission of papers to, the Superior
Court.

B. Notice Requirements for Ex Parte Applications Not Governed by CRC Rules
3.1200 - 3.1207
This subpart applies only to matters not governed by Rules 3.1200 – 3.1207 of the
California Rules of Court. Failure to comply with this Rule may result in the
motion or application being denied (without prejudice to its renewal); in delay of

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the Court's review of the application, and/or in the imposition of sanctions pursuant to Code of Civil Procedure §177.5. 1) Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: (a) that within a reasonable time [Local Rule 3.03.B(2)] before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, (b) that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, (c) that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application.

2) “Reasonable” time or notice to the opposition, as required by this Rule,
means that notice is given to all opposing counsel or unrepresented parties,
either in person, by telephone, or by FAX, no later than 10:00 AM on the
court day just prior to the date of the ex parte appearance, absent a
showing of exceptional circumstances. This requirement does not preclude
giving greater notice by letter or other means.
3) For ex parte applications made pursuant to any provision of the Family
Code; or for petitions for temporary guardianship pursuant to Probate
Code §2250; or for petitions pursuant to Code of Civil Procedure §§527.6,
527.7, 527.8, or 527.85, the local form "Declaration re Notice", attached to
these rules as Appendix 3, must be completed by counsel or unrepresented
party, and submitted along with the ex parte application.
4) Parties appearing at the ex parte hearing must serve copies of the ex parte
application or any written opposition thereto on all other parties who have
appeared, at the first reasonable opportunity, which for moving papers will
be presumed to be no later than 12:00 P.M. (noon) on the court day just
prior to the day of the hearing, and for opposition papers will be presumed
to be at least four (4) business hours prior to the hearing. Service may be
accomplished by facsimile transmission.
5) Proof of actual notice or of adequate justification for proceeding without
notice, and proof of service of documents as required by this Rule, must
be presented to the Court, whenever possible, no later than four (4)
business hours prior to the application, and in any case by no later than the
time of the appearance on the application.

(Subd B. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

C. Submission and Calendaring of Ex Parte Applications; and Review by the
Court
This subpart applies to all ex parte applications, including those governed by CRC
Rules 3.1200 – 3.1207.
1) Submission and Calendaring

(a) Uncontested ex parte applications, or ex parte applications
supported by a showing of good cause for lack of prior notice, may
be submitted to the clerk of the Court at any time, for presentation
to the Court. The Court will attempt to review all such matters
expeditiously, but it is unlikely that any ex parte request submitted
after 12:00 P.M. (noon) for consideration without a hearing will be
reviewed by the Court on the day of submission.

(b) For ex parte matters that are contested or that require appearances,
hearings will be conducted at 1:30 P.M. daily, in the courtroom
assigned for hearing by the calendar clerk of the Court, upon prior
approval by a judicial officer Such matters must be scheduled for
hearing by the calendar clerk as early as possible before the
requested hearing, but not later than 12:00 P.M. (noon) of the
preceding court day, unless good cause is shown. The applicant is
responsible for contacting the calendar clerk to schedule the
hearing and for giving notice thereof.
(c) Copies of the application or moving papers must be submitted to
the Court by no later than four (4) business hours prior to the
scheduled time of the hearing; and copies of any responding papers
should be submitted prior to the hearing if possible.
(d) The Court may conduct informal ex parte hearings for
unrepresented parties, as it deems appropriate.
2) Ex Parte Communication with the Court
The Court will not consider any ex parte communications from counsel or
unrepresented parties unless made in the manner prescribed by these
Rules, by the California Rules of Court, or by the laws of this State.
Applications to the Court for ex parte relief must never be made by
letter. Counsel are hereby reminded of Rule 3.5 of the Rules of
Professional Conduct of the State Bar of California, concerning ex parte
communications with the Court.
(Subd C. amended effective July 1, 2024.)

D. Change of Status Quo
The applicant for an ex parte order has an absolute duty to disclose to the Court that a
requested order will result in a change of the status quo.
(Subd D. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

E. Ex Parte Request for Order Shortening Time
1) A request for an order shortening time for service [CCP §1005] or for
hearing will not be granted unless supported by a declaration
demonstrating good cause why the matter cannot be heard on regular
notice.
2) If an order shortening time is requested, the supporting declaration must
state whether or not the responding party is represented by counsel, the
name and address of the responding party's attorney, and whether or not
that attorney has been contacted and has agreed to the date and time
proposed for the hearing.
3) If the responding party's attorney has not been contacted or has not agreed
to the proposed setting, the supporting declaration must clearly
demonstrate why the hearing should be set on the proposed date without
the consent of opposing counsel, and the reason the matter must be heard
on shortened notice.
4) Provisions for the immediate delivery of the moving papers to opposing
counsel's office, or to an unrepresented party, must be set forth in the
proposed order.
5) In cases where an order shortening time has been granted, the moving
papers must be promptly served on the office of opposing counsel or on
any unrepresented opposing party; and in no case may they be delivered
fewer than two (2) court days preceding the hearing, unless otherwise
authorized by the Court.
(Subd E. amended effective July 1, 2024.)

F. Ex Parte Writs of Attachment or Possession
1) When application is made for an ex parte writ of attachment, any affidavit
or declaration submitted therewith must also comply with Code of Civil
Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d)
and 488.510(b). Failure to comply with this Rule ordinarily will result in
denial of the application, in which event the applicant must proceed by
noticed hearing procedures. Where the applicant relies wholly or in part on
a verified complaint, the application must be accompanied by a separate
statement setting forth the evidentiary facts upon which the applicant
relies.
2) When application is made for an ex parte writ of attachment, the applicant
must also submit a memorandum setting forth the reason why the
application is not, instead, a request for a temporary protective order under
Code of Civil Procedure §486.030. Any evidentiary facts relied on in the
memorandum must be presented in the supporting declarations.
3) Every application for issuance of a writ of possession must comply with
Code of Civil Procedure §516.030. Additionally, the applicant must set

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forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010. (Subd F. amended effective July 1, 2024.)

G. Re-Application After Denial of Ex Parte Application
When an ex parte motion has been made, and has been refused in whole or in part, or has
been granted conditionally or on terms, and a subsequent application is made for the
same or a similar order, to the same or a different judge, whether upon an alleged
different state of facts or otherwise, then the applicant must show, by declaration, what
motion was previously made, the nature of the previous motion, when and to what judge
it was made, what order or decision was made thereon, and what new facts, if any, are
claimed by the new motion.
(Subd G. amended effective July 1, 2024.)

H. Ex Parte Applications Re Stipulated Judgments

Unless a stipulation that authorizes the rendering and entry of judgment, or that
authorizes the termination of a stay of execution upon failure to perform specified
conditions, also includes an express waiver of notice, an application to render or for entry
of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be
made on noticed motion. [Rooney v. Vermont Investment Corp. (1973) 10 Cal.3d 351.]
Whether ex parte or on notice, the applicant must submit a declaration setting forth any
payments made or other compliance by defendant; the specifics of the alleged failure to
perform; and the substance of the order requested.

I. Ex Parte Applications in Matters Governed by the Probate Code
1) In General. In all probate matters, formal notice must be given if it is not
entirely clear that an ex parte order is proper or if issues are presented in
which the relevant facts might be in doubt, and where it thus appears that
other parties should have an opportunity to be heard. Because no
testimony will be taken in connection with ex parte petitions, the
application must include facts that justify granting the prayer. The petition
must be verified. Conclusions or statements of ultimate fact are not
sufficient. A foundation that establishes a declarant’s personal knowledge
must be set forth in any supporting declaration or affidavit. If the petition
is opposed, counsel may argue the merits at the time of the hearing.
2) Effect of Failure to Give Notice. A valid ex parte order issued without
prior notice will be set aside only on showing of inadvertence, mistake, or
fraud. (Sheldon v. Superior Court, Los Angeles County, Long Beach
Department (1941) 42 Cal.App.2d 406, 408)
3) Time for Giving Notice. If a probate application is presented ex parte, and
the need for an opportunity to be heard is apparent, the Court will calendar
the matter for a hearing as soon as practicable, and will require the
applicant, by no later than 10:00 AM of the court day just prior to the

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hearing date, to give notice of the nature of the application to counsel for known interested persons and to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing. At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.

(Subd I. amended effective January 1, 2025, previously amended effective July 1, 2024.)

Rule 3.03 amended effective January 1, 2025; previously adopted as Rule 3:03 January 1, 1997; amended effective July 1, 2014, January 1, 2019, and January 1, 2022; amended and renumbered effective July 1, 2024

3.04 Miscellaneous Rules Affecting Pleadings

A. Amending the Pleadings
Amendment of pleadings, and motions for such amendment, must be in compliance with
Rule 3.1324 of the California Rules of Court and Code of Civil Procedure §473. In
addition:

1) An amendment to designate an incorrectly named party by the correct
name does not require a noticed motion, and may be obtained by ex parte
application and order, unless the Court determines that substantial rights of
said party are adversely affected.
2) An amended pleading is preferred over an amendment to a pleading,
except when the amendment is for the sole purpose of correcting the name
of a party (see paragraph 3.04.A(1), above).
3) Except as otherwise provided in these Rules for cases subject to Delay
Reduction, whenever a pleading is amended after the filing of an at-issue
memorandum, the Court will have discretion to strike the at-issue
memorandum and vacate any trial date set thereon, unless the parties
stipulate that earlier responsive pleadings are deemed sufficiently
responsive to the amended pleading.
(Subd A. amended effective July 1, 2024.)

B. Procedure After Demurrer Is Sustained With Leave to Amend
If, after a demurrer to a complaint or cross-complaint is sustained with leave to amend, an
amended pleading is not filed within the time specified by the Court, the Court may
dismiss the action or cross action on its own motion. If the Court does not dismiss the
action on its own motion after expiration of the specified time, any party to the cause may
apply ex parte for a dismissal order. Such application may be submitted to the Court

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without appearance by the moving party or notice to the other parties. No filing fee will be required unless a hearing on the application is conducted. (Subd B. amended effective July 1, 2024.) Rule 3.04 renumbered and amended effective July 1, 2024; adopted as Rule 3:04 effective July 1, 1997; amended effective July 1, 2010.

3:05 Motions for Summary Judgment or Summary Adjudication All motions for summary judgment must comply with Rule 3.1350 of the California Rules of Court and with Code of Civil Procedure §437c. Motions not adhering to those provisions may be continued to a future date certain that is convenient to the Court, by which time compliance is expected; or the motion may be denied without prejudice. Motions for summary adjudication made pursuant to CCP §437c(f) that seek adjudication of issues beyond those noted in that subsection may be disregarded entirely. Rule 3.05 amended and renumbered effective July 1, 2024; adopted as Rule 3:05 effective January 1, 1997; amended effective January 1, 2007 and January 1, 2007.

3.06 Continuances and Conduct of Hearings on Motions and Other Applications for Orders

A. Continuances of Hearings on the Law and Motion Calendar 1) The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued and are in agreement as to the date and time to which the matter will be continued. 2) To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the court calendar coordinator, in person or by telephone, not later than 4:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 4:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued. 3) Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved. 4) Violations of this Rule may result in the imposition of sanctions pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §177.5, or any other appropriate authority. (Subd A. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

B. Extended Hearing Rule
"Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to
present and argue, unless otherwise defined by these Rules. If the attorney for any party
determines that a matter set on the law & motion calendar is likely to require more than a
total of 15 minutes, counsel must notify the court calendar coordinator and opposing
counsel or unrepresented party, in person or by telephone, no later than the close of the
third court day prior to the hearing date, that the matter will require an extended hearing,
in which case the matter may be continued by the Court to another date and time certain.

C. Evidence at Hearing
Evidence at the hearing, including requests for judicial notice, will be governed by Rule
3.1306 of the California Rules of Court.
(Subd C. amended effective July 1, 2024.)

D. Remote/Telephonic Appearances in Non-Evidentiary Civil Law and Motion
and Probate Hearings
Rule 3.670 and Rule 3.672 of the California Rules of Court governs remote/telephonic
appearances by counsel and parties in non-evidentiary civil law & motion hearings and
probate hearings. The Court expects strict adherence to the requirements of both Rule
3.670, Rule 3.672, and this Local Rule, particularly with regard to giving notice.
Please see Local Rule 2.22 regarding Remote Appearances.
(Subd D. amended effective July 1, 2024.)

Rule 3.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 3:06 effective January 1, 1997; amended effective January 1, 2019 and July 1, 2022.

3.07 Preparation of Orders (except family law matters)

A. Duty to Prepare
Except for family law matters, the duty to prepare orders is governed by Rule 3.1312 of
the California Rules of Court. In matters not governed by said Rule, or in cases where the
Court finds that the time constraints of the Rule are impracticable, the prevailing party on
a motion must, within ten (10) calendar days of receipt of the Court's written or oral
ruling, prepare a proposed order thereon and submit it to the opposing party for approval
(as to matters of form only).

B. Approval; Procedure If Not Approved
1) The opposing party must either promptly approve or promptly object to
the proposed order, stating alternative proposed language. If the other
opposing party fails to approve or object to the order within ten (10) days
after service, the party who prepared the order may then send it to the
Court for signature. The order must be accompanied by a letter to the
Court stating the date the order was sent to the opposing party, the

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opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order. A copy of the letter to the Court must be served on the opposing party. 2) If the party who is required to prepare the order pursuant to Local Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section; a copy of the cover letter and the proposed order must be served on all parties. 3) The Court will hold, for a period of five days, all orders that have not received the approval of the opposing party; after five days, if no objections have been received, the order will be signed. 4) Procedure When There Is Disagreement. If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the applicable portions of the hearing transcript. A copy of the letter must be delivered to all other parties at the time it is delivered to the Court. Attorney's fees and costs, including the cost of preparing the reporter's transcript, may be awarded thereafter based the merits of the matter.

C. Approval by Unrepresented Party
Unless otherwise ordered by the Court, the party preparing the proposed order need not
obtain approval of the order from an opposing party who is unrepresented by counsel.
The Court itself will review such proposed orders for accuracy.
(Subd C. amended effective July 1, 2024.)

D. Not Applicable to Family Law Matters
This rule does not apply to proposed orders in family law matters, which are instead
governed wholly by California Rule of Court 5.125.

Rule 3.07 renumbered and amended effective July 1, 2024; adopted as Rule 3:07 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019.

3.08 Procedures After Announcement of Intended Decision Pursuant to CRC Rule 3.1590 Following the filing of an "Announcement of Tentative Decision" or "Statement of Intended Decision", any document presented to the clerk for consideration by the appropriate judge prior to the entry of judgment will be delivered by the clerk, with the file, to the office of said judge. Rule 3.08 amended and renumbered effective July 1, 2024; adopted as Rule 3:08 effective January 1, 1997; amended effective July 1, 2010.

3.09 Procedures Regarding Applications For Extraordinary Writs

A. Form and Length of Briefs in Support of or in Opposition

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to Writ Petitions 1) The form of briefs in support of or in opposition to writ petitions (regarding mandate and prohibition) must generally conform to rules specified for motions in both these Rules and the California Rules of Court, except that no brief, either in support of or in opposition to a writ petition, including its memorandum of points and authorities (but excluding exhibits, declarations, attachments, tables, and proof of service) may exceed thirty- five (35) pages in length, and no reply brief may exceed 20 pages. Leave of Court to file a brief in excess of the limitations fixed by this Rule may be granted upon a showing of good cause; an application for such leave of Court must be made according to the procedures set forth in CRC Rule 3.1113(e), and on such other conditions as the Court may impose. 2) A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument. 3) Any paper that violates this Rule must be filed and considered in the same manner as a late-filed paper, and the Court, in its discretion, may impose other conditions and/or sanctions as a consequence of the violation. (Subd A. amended effective July 1, 2024.)

B. Preparation of Record
A record is required for administrative mandamus and for traditional mandamus review
of quasi-legislative agency actions. The record must be prepared for filing as follows: it
must be copied onto double-sided pages, each page consecutively numbered (including
any transcript pages prepared by a court reporter), with three holes punched into the left-
hand margin and all pages placed into a three-ring binder, the outside of which, on both
the spine and front of the binder, must bear the caption of the matter and the case number.
Upon receipt of the record, the clerk will affix a tag to the file indicating the location
where the record is stored.
(Subd B. amended effective July 1, 2024.)

C. Service of Petition Prior to Hearing
All petitions for writs of mandate, for prohibition, or for administrative mandamus or
prohibition must be served upon the respondent in the same manner as a summons and
complaint. Proof of service thereof must be filed with the Court prior to the hearing on
any motion or order to show cause for issuance of the requested writ.

Rule 3.09 amended and renumbered effective July 1, 2024; adopted as Rule 3:09 effective January 1, 1997; amended effective July 1, 2014 and January 1, 2019. .

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 4:

SETTING FOR TRIAL, AND TRIAL, IN CIVIL MATTERS

4.01 Setting General Civil Cases for Trial

A. Trial–Setting in Cases that are Subject to Delay Reduction Rules
All general civil cases filed in, or transferred to this Court by a Court in another
jurisdiction, are subject to this Local Rule and to the time disposition standards adopted
by the Court in Local Rule 2.03. [Amended effective July 1, 2015; amended effective
January 1, 2019]
1) Policy Statement. The Government Code and the California Rules of
Court mandate that trial courts actively manage and supervise the pace of
litigation, from the date of filing to full disposition, by reference to specific
procedures and guidelines. [Government Code §§ 68600 et seq.; CRC Rules 3.110
and 10.900 et seq.] In most cases, the Court will implement that mandate by
conducting, at minimum, two (2) pre-trial conferences, described as follows:

(a) An Initial Case Management Conference, where the parties must
be prepared to state that service of all pleadings has been effected
on all parties, and to schedule arbitration if appropriate; and
(b) An Additional Case Management Conference, where the parties
must be prepared to declare the case to be at issue; to identify all
issues to be tried; to inform the Court as to all case management
issues; to summarize the pertinent results of discovery activity; to
address alternative dispute resolution and settlement; and to
schedule arbitration, trial, or other proceedings. No at-issue
memorandum is required to bring a civil action governed by this
Local Rule onto the "civil active list".

2) Case Development Benchmarks. The Court adopts the following time
periods for progression of general civil cases:

(a) Service of the Summons and complaint within 60 days of case initiation; filing of the proof of service of the Summons and complaint within 60 days of case initiation; and filing and service of responsive pleadings within 30 days of service of the complaint. (b) Except to the limited extent permitted by CRC Rule 3.110(d), no extensions of the aforesaid times that are based on stipulation between the parties will be allowed. To the extent that stipulated extensions are permitted pursuant to CRC Rule 3.110(d), they must be in writing and filed promptly with the Court. (c) Stipulated extensions of time for periods longer than permitted by statute will be allowed by the Court only upon ex parte application

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that 1) conforms to Rule 3.1200 et seq. of the California Rules of Court and 2) demonstrates good cause. (d) Approximately 80-90 days after case initiation, the Court will conduct a review of each general civil case in order to determine if the plaintiff has complied with the case development benchmarks described in item (a), above. If the plaintiff has not complied, the Court, in its discretion and only after the plaintiff has been given notice and an opportunity to be heard, may impose sanctions. (e) Unless and until differentiated by the Court, each general civil case will be presumed to require no more than twelve (12) months between filing and disposition. [CRC Rule 3.714.]

3) Scheduling and Noticing Conferences

(a) The Initial Case Management Conference will be set by the clerk
on the first case management calendar that falls no earlier than the
140th day after case initiation.
(b) At the time the complaint is filed, the clerk of the Court will
provide plaintiff with a form “Notice of Case Management
Procedures” that will specify the date, time, and place of the Initial
Case Management Conference. At the time of service of the
summons on any party, plaintiff must also serve a complete copy
of said Notice upon that party; and plaintiff must also serve a copy
of the Notice on plaintiffs in intervention or plaintiffs in
interpleader, within ten (10) days of being served with a complaint
in intervention or interpleader. All cross-complainants must serve a
copy of the Notice upon each cross-defendant at the time the cross-
complaint is served.

4) Other Case Management Proceedings

(a) In its discretion, on a case-by-case basis and on timely notice to the parties, the Court may order show cause hearings to be conducted prior to the Initial Case Management Conference. The Court may require the personal appearance by all counsel of record or unrepresented parties at any such show cause hearings. (b) Nothing in these Rules will be construed to preclude a party from seeking preferential trial setting, by duly noticed motion filed and/or heard prior to the Initial Case Management Conference, as provided for in the Code of Civil Procedure. (c) Nothing in these Rules will be construed to preclude a party from seeking a referral to Judicial Arbitration, pursuant to California Rule of Court 3.811 and Local Rule 5.09, upon a duly-noticed motion filed and/or heard prior to the Initial Case Management

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Conference.
(d) Nothing in these Rules will be construed to preclude a party from
seeking early disposition of an uncomplicated case, upon a duly
noticed motion filed and/or heard prior to the Initial Case
Management Conference, as defined and provided for in Rule
3.714 of the California Rules of Court; any such motion must
establish that the case is at-issue; that presentation of evidence will
take no more than one court day; and that the matter will not
require a jury.
(e) Parties are hereby reminded of and encouraged to comply with the
meet- and- confer provisions of Rule 3.724 of the California Rules
of Court.

5) Case Management Conferences

(a) Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.At or immediately following the case management conference, the Court will issue an order addressing any further proceedings as well as current matters, including, if appropriate: i. Identity and representation of parties; ii. Nature of action; iii. Uncontested issues; iv. Contested issues (Note: this element will identify the issues to be tried and will supersede the pleadings in that respect); v. Whether or not the case is at-issue; vi. Bifurcation; vii. Cut-off dates for: general discovery, expert-related discovery, discovery-related motions, and general law and motion matters; viii. Referral to arbitration, alternative dispute resolution, or transfer to another court; ix. Assignment to or exemption from a case management program, as appropriate; x. Scheduling of further proceedings, including reference to arbitration, trial, settlement conference, and/or Additional Case Management Conference. xi. Scheduling of dates relating to exchange of witness and evidence identification; dates for jury deposit; and dates for filing

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and service of proposed verdicts, findings, jury instructions, and motions in limine; and xii. Sanctions for violations of these Rules, if any violations have occurred up to and including the time of the case management conference.

6) Non-Compliance with Delay Reduction Rules. Failure to appear at and/or
failure to file appropriate required statements for any Case Management
Conference scheduled under these Rules may result in the imposition of
sanctions, the dismissal of the action, or the striking of responsive
pleadings.

(Subd A. amended effective July 1, 2024; amended effective July 1, 2015 and January 1,
2019.)

B. [Reserved.] Revised 7-1-2015.

C. Trial-Setting in Short Cause Matters
1) Definition
A short cause matter is one that the Court finds to be amenable to early
disposition, that does not need a case management conference, and that
will not require more than four (4) hours to try.
2) Manner Of Requesting Advanced Trial Date
If counsel or a self-represented party believes that a given case qualifies as
a short cause matter, he or she may ask the Court to set an early trial date
at the Initial Case Management Conference. However, such requests will
not be considered by the Court unless 1) all parties have appeared and the
case is at issue, and 2) the requesting party, by way of the required
conference statement, has established to the Court’s satisfaction that the
case meets the definition of a short cause matter.

Rule 4.01 renumbered and amended effective July 1, 2024; previously adopted as Rule 4:02 effective July 1, 1997; amended effective January 1, 2007 and January 1, 2019.

4.02 Changing Trial Date Once Assigned

A. Dates for Trial are Firm
All dates for trial are firm; no trial date will be changed without Court approval. Motions
to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date
must be made on written notice to all parties who have appeared, and must be set for
hearing.
(Subd A. amended effective July 1, 2024.)

B. Motions and Stipulations for Continuance of Trial

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A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re-
setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2)
the terms of the written stipulation set forth good cause pursuant to California Rule of
Court 3.1332, and further state that the stipulation is subject to approval by the Court; and
the stipulation is accompanied by a proposed Order.
(Subd B. amended effective July 1, 2024.)

C. Effect of Continuance
If a trial date is continued by stipulation or at any time other than during a case
management conference, the matter will be set for further proceedings on the regular case
management calendar, and at least five (5) days before that date each party must file a
current and complete case management statement (Judicial Council Form CM-110).
(Subd C. amended effective July 1, 2024.)

Rule 4.02 amended and renumbered effective July 1, 2024; adopted as Rule 4:02 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

4.03[Reserved] Rule 4.03 deleted and reserved effective July 1, 2022; adopted effective January 1, 1997; amended effective January 1, 2019.

4.04 Duties if Case Settles Whenever a case that has been assigned a trial date settles, the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to so notify the Court. Notification may be by telephone to the clerk, but, in such case, must be followed within five (5) days by a confirmation letter, copied to all parties. Such notification to the Court will cause the clerk to vacate any trial date and to remove the action from the master calendar and civil active list, and may result in the setting of a further case management conference, to assure that the case is dismissed or judgment entered. Rule 4.04 amended and renumbered effective July 1, 2024; adopted as Rule 4:04 effective January 1, 1997; amended effective January 1, 2003 and January 1, 2019.

4.05 Jury Fees; Waiver of Jury

A. Deposit of Jury Fees After Waiver by Demanding Party
When the party who has demanded a jury trial waives or is deemed to have waived a jury,
the other party or parties will have up to five (5) court days from the date that the clerk
mails the notice of waiver, to deposit one day's jury fees. (Note: this five-day period is
not subject to extension pursuant to CCP §1005 or any other provision of law.) However,
if the waiver occurs within five (5) days of the commencement of the trial, or if it occurs
after trial has commenced, then the other party or parties must make the deposit on the
first or next trial day.
(Subd A. amended effective July 1, 2024.)

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B. Effect of Failure by Any Party to Pay Jury Fee Deposit
If the other parties fail to deposit fees as prescribed herein, after waiver by the party who
has demanded a jury trial, then the other parties will be deemed to have waived the right to
a jury trial, and the case will be tried without a jury.
(Subd B. amended effective July 1, 2024.)

C. Multiple Deposits of Jury Fees
If more than one party demands a jury, each such party will be required to deposit jury
fees, unless jury fees have previously been deposited.
If more than one party makes a timely deposit of fees, then the clerk will retain only the
first such deposit received, and will refund all others.
(Subd C. amended effective July 1, 2024.)

Rule 4.05 amended and renumbered effective July 1, 2024; adopted as Rule 4:05 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

4.06 Parties not Present for Trial

A. Default Judgments when Matter is set for Trial
If a party has been served and has not answered, but neither default nor default judgment
has been entered against that party and the action has been set for trial as to other parties,
then, on proper application, judgment may be entered against the defaulting party in
accordance with Code of Civil Procedure §§585 or 586.
(Subd A. amended effective July 1, 2024.)

B. Non-Appearance of Answering Party
If a party has been served and has answered, but does not appear for trial, and appropriate
notice of time and place of trial has been given, then the Court will proceed with the case
in accordance with Code of Civil Procedure §594.
(Subd B. amended effective July 1, 2024.)

C. Dismissal of Named Parties not Served
If a named party has not been served, then ordinarily, at or before the time of trial, the
plaintiff will be required to dismiss, without prejudice, as to that party.
(Subd C. amended effective July 1, 2024.)

Rule 4.06 amended and renumbered effective July 1, 2024; adopted effective January 1, 1997; amended effective January 1, 2003.

4.07 Conduct of Civil Jury Trials

A. Challenging Jurors for Cause
Upon completion of voir dire examination, whether of all prospective jurors in the jury
box or of an individual prospective juror, a party must state whether he or she “passes for

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cause”.

B. Peremptory Challenges
If there are more than two sides in a trial, and one side is allotted substantially more
peremptory challenges than any other side, then the trial judge will require the side with
the greater number of challenges to exercise every second challenge, i.e., to alternate with
each of the other sides, rather than rotate the challenges from one side to a second side to
a third side.

C. Presentation Of Exhibits To Jurors
Exhibits admitted into evidence will be handed to jurors in the jury box only after leave
to do so is obtained from the trial judge. Exhibits such as writings, which are not subject
to cursory examination, ordinarily will not be provided to jurors until they retire to the
jury room after the cause has been submitted.

D. When Jury Instructions are to be Submitted
1) Pursuant to Code of Civil Procedure §607a, all jury instructions covering
the law as disclosed by the pleadings must be delivered in writing to the
trial judge before jury voir dire commences, unless indicated by the judge.
At the same time, copies thereof must be served upon all opposing counsel
or unrepresented parties.
2) Thereafter, but before commencement of argument, any additional
proposed instructions upon questions developed by the evidence and not
disclosed by the pleadings may be delivered to the trial judge and served
upon the opposing side or sides.
(Subd D. amended effective July 1, 2024.)

E. Duty to Prepare, Submit and Modify CACI Instructions
1) The parties may designate their desired standard CACI instructions by
giving the trial judge a list of same, referenced by number. The judge will
provide the form of such standard instructions.
2) Desired CACI instructions in which deletions, strikeouts, insertions or
other changes have been made must be referenced by number, and must
carry a notation that there has been a modification thereto; and a copy of
the instruction, as modified, must be provided to the trial judge.
(Subd E. amended effective July 1, 2024.)

F. Special Verdict and Finding Forms
1) A party who requests a special verdict or special findings must, in
connection with requested instructions, comply with Rule 3.1580 of the
California Rules of Court, and must serve and file such request or
proposed special findings forms before jury voir dire commences.
2) A special verdict or special findings form must be drafted so as to require,

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if possible, an answer of "yes" or "no", or, if that is not possible, then to require the most concise answer that will be sufficient. (Subd F. amended effective July 1, 2024.)

Rule 4.07 amended and renumbered effective July 1, 2024; adopted as Rule 4:07 effective January 1, 1997; amended effective July 1, 2010.

4.08 Setting Unlawful Detainer Cases for Trial

A. Case Disposition Standards
The Court’s disposition goal for unlawful detainer cases is to have one hundred percent
(100%) of such cases disposed of within ninety (90) days after filing. This Local Rule
4.08 establishes target dates intended to assist the parties and the Court in achieving that
goal.

B. Filing Proof of Service Of Summons and Complaint
1) Within fifteen (15) days after filing an unlawful detainer complaint, the
plaintiff must file a proof of service of the summons and complaint, or an
application for a posting order, unless a responsive pleading has been
filed.
2) Failure of the plaintiff to comply with the aforesaid requirement, in the
absence of a filed response, will result in the issuance of an order to show
cause re status; the order to show cause will be issued within 10 days of
the date that the proof of service or posting application was due.
Attendance of all parties and counsel who have appeared in the action
will be required at the hearing, so that the Court can determine the status
of the case; whether or not the case is ready for trial; time limits; and
possible sanctions, including, but not limited to, dismissal of the case, in
the absence of good cause shown, for failure to serve the complaint
and/or to file a proof of service.
(Subd B. amended effective July 1, 2024.)

C. Memorandum to Set
1) Within twenty-five (25) days after filing an unlawful detainer complaint,
the plaintiff must file a memorandum to set the matter for trial, unless a
request for entry of default or request for dismissal has been filed. By
filing a memorandum to set, a party indicates that the case is at issue and
will be ready to go to trial on the date assigned.
2) Failure of the plaintiff to comply with the aforesaid requirement will result
in the issuance of an order to show cause re status; the OSC will be issued
within 10 days of the date that the trial-setting memorandum was due.
Attendance of all parties and counsel who have appeared in the action will
be required at the hearing, so that the Court can determine the status of the
case; whether or not the case is ready for trial; time limits; and possible

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sanctions, including, but not limited to, dismissal of the case, in the absence of good cause shown, for failure to file a trial-setting memorandum. (Subd C. amended effective July 1, 2024.)

D. Setting for Trial
1) Court Trials. After the trial-setting memorandum is filed, and if the proof
of service complies with these Local Rules in all respects, and if no jury
trial is demanded, then the clerk, no sooner than five (5) days thereafter,
will assign the case for court trial on the earliest available date within the
next twenty (20) days, and will promptly notify all parties in writing of the
trial date.
2) Jury Trials. If a jury trial is demanded, then the clerk will assign the
earliest available date for settlement conference (to be held within the next
ten (10) days), and will assign the earliest jury trial date within the next
twenty (20) days, and will promptly notify all parties in writing of both
dates.
(Subd D. amended effective July 1, 2024.)

E. Case Closure
Within six months after a clerk's judgment for restitution is entered, the plaintiff must set
the case for ex parte prove-up hearing, unless the money damages are dismissed.
Plaintiff’s appearance will not be required if a declaration is submitted pursuant to Code
of Civil Procedure §§ 585(b) and (d).

Rule 4.08 amended and renumbered effective July 1, 2024; adopted as Rule 4:08 effective January 1, 1997; amended effective January 1, 2003.

a

Revised 01/01/2025 Siskiyou County Superior Court Local Rules 4-9

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 5: MISCELLANEOUS CIVIL RULES

5.01 Attorney Fees in Civil Actions or Proceedings Not Involving Minors or Incompetent Persons

A. Promissory Notes and Contracts Providing for Fees
In actions on promissory notes and contracts providing for payment of
attorney fees, whenever a prevailing party is entitled to recovery of reasonable
fees then the following schedule will be considered by the Court in awarding
such fees:
1) Default Action:
Exclusive of costs and interest,
(a) Twenty-five percent (25%) of the first two thousand dollars
($2,000) awarded as damages, with a minimum fee of three
hundred dollars ($300.00);
(b) Twenty percent (20%) of the next four thousand dollars ($4,000);
(c) Fifteen percent (15%) of the next four thousand dollars ($4,000);
(d) Ten percent (10%) of the next ten thousand dollars ($10,000);
(e) Five percent (5%) of the next thirty thousand dollars ($30,000); and
(f) Two percent (2%) of amounts in excess of the first fifty thousand
dollars ($50,000), on the next one hundred thousand dollars
($100,000.00); and
(g) The Court, in its discretion, will fix fees for recoveries in excess of
one hundred and fifty thousand dollars ($150,000.00).
2) Contested Action:
The same amount as computed under subpart 5.01.A(1), above, increased
by 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.
(Subd A. amended effective July 1, 2024.)

B. Attorney Fees When Defendant is the Prevailing Party
When the defendant is the prevailing party, the fees will be reasonable compensation
(computed on an hourly or per-day basis) for research, general preparation, trial, or other
services rendered, as may be allowed by the Court.
(Subd B. amended effective July 1, 2024.)

C. Clerk’s Calculation of Reasonable Attorney Fees
When a prevailing party is entitled to the recovery of reasonable attorney fees in an
otherwise appropriate clerk's judgment, the clerk will include attorney fees computed

Revised 7/1/2024 Siskiyou County Superior Court Local Rules 5-1

pursuant to the fee schedule included in this Local Rule 5.01. (Subd C. amended effective July 1, 2024.)

D. Determination of Attorney Fees in Excess Of Schedule
When a party claims attorney fees in excess of those allowed by this Rule, then an
application for attorney fees must be made to the Court; the application must be
supported by declarations setting forth the factual basis for the claimed fees. The fees will
be fixed thereupon by the Court.
(Subd D. amended effective July 1, 2024.)

Rule 5.01 amended and renumbered effective July 1, 2024; adopted January 1, 1997; amended effective January 1, 2003.

5.02 Attorney Fees In Civil Actions Involving Minors Or Persons With a Disability Attorney fees in cases involving minors or persons with a disability will be determined pursuant to CRC 7.955. Rule 5.02 renumbered effective July 1, 2024; adopted as Rule 5:02 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

5.03 Compromise of Claim of Minor or Person With a Disability

A. Use of Mandatory Judicial Council Forms
Requests for Court approval of compromise of a claim of a minor or person with a
disability will not be considered unless submitted on a fully-completed Judicial Council
Form MC-350. The Petition must be accompanied by a proposed order approving the
compromise, prepared on Judicial Council Form MC-351.
(Subd A. amended effective July 1, 2024.)

B. Order to Deposit Money; Deposit and Receipt For Deposit
1) Order to Deposit Money: If the order approving the compromise includes
an order for deposit of funds into a blocked account, the applicant must
also submit to the Court, along with the petition and approval order, a
separate order to deposit the funds, prepared on Judicial Council Form
MC-355.
2) Deposit and Receipt: Petitioner or counsel must deposit the subject funds
as ordered within 48 hours of receipt, and must file a receipt from the
depository, on Judicial Council Form MC-356, within 15 days thereafter.
(Subd B. amended effective July 1, 2024.)

C. Withdrawal of Funds
If a court order for deposit of funds for the benefit of a minor does not allow for
withdrawal without further order upon the minor’s eighteenth (18th) birthday or

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thereafter, then a petition for withdrawal of funds so deposited will be allowed only according to Local Rule 9:26, and must be submitted on Judicial Council Form MC-357. When the attorney for the petitioner was allowed fees at the time of settlement, no attorney fees incidental to securing such withdrawal order will be awarded, except for good cause. (Subd C. amended effective July 1, 2024.) Rule 5.03 amended and renumbered effective July 1, 2024; adopted effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

5.04 Form of Judgment

A. Required Elements of Formal Judgment
In drafting forms of judgment for the trial judge to sign, counsel must:
1) Clearly show the full names of the parties for whom and against whom the
judgment is rendered, including their legal capacities as plaintiffs,
defendants, cross-complainants and cross-defendants;
2) Refer to full names as they appear in the caption of the initial pleadings, or
obtain an order amending the pleadings in respect to such names; and,
3) Unless costs have already been awarded in a specific amount, leave a
blank space for insertion of any costs, as follows: "and costs in the sum of
$ _ _ .__”. The clerk of the Court will enter the amount of costs claimed
after a timely memorandum of costs has been filed, and after a ruling upon
any motion to tax costs.
4) All judgments must be full and complete. Judgments that have exhibits are
discouraged and may not be accepted. If such judgment is accepted, there
must be a place for signature of the judge at the end of the attached exhibit.
(Subd A. amended effective July 1, 2024.)

B. Submission of Proposed Judgment to the Court
When required by the Court, or when a proposed judgment is required by Rule 3.1590 of
the California Rules of Court, counsel must lodge the proposed judgment with the clerk.
The proposed judgment must be entitled "Proposed Judgment" and must bear an attached
proof of service indicating that a copy has been served upon all counsel and
unrepresented parties. At the same time that the proposed Judgment is lodged with the
clerk, counsel must also lodge therewith the original form of the judgment. The original
judgment must be in the same form and have the same content as the proposed judgment,
except that it must be entitled "Judgment", and must be suitable for signature by the
judge. The clerk will mark the proposed judgment as having been received, and will
retain it as well as the original judgment, unmarked, in the Court’s file. After the requisite
period of time has elapsed pursuant to Rule 3.1590(c) of the California Rules of Court,
the clerk will present the file to the judge so that the judgment may be signed, if
appropriate.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

(Subd B. amended effective July 1, 2024.)

Rule 5.04 amended and renumbered effective July 1, 2024; adopted as Rule 5:04 effective January 1, 1997; amended effective January 1, 2007.

5.05 Form of Stipulated Judgment

The Court will not sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto; any proposed judgment that is submitted upon stipulation of the parties must be in the form of a separate document.

Rule 5.05 amended and renumbered effective July 1, 2024; adopted January 1, 1997; amended effective January 1, 2001.

5.06 Appeal from Decision of Labor Commissioner Under Labor Code Section 98.2

A. Required Documents
Any party who files a notice of appeal of an order, decision, or award of the Labor
Commissioner pursuant to Labor Code §98.2, must also file the following with the clerk
of the Court:
1) A copy of the complaint and of any answer filed with the Labor
Commissioner; and
2) A complete copy of the order, decision, or award of the Labor
Commissioner, which must include, if provided by the Labor
Commissioner, a summary of the hearing and the reasons for the decision;
and,
3) A proof of service upon the Labor Commissioner of a copy of the notice of
appeal.

B. Setting for Hearing
The clerk of the Court will set the matter for a trial readiness conference in approximately
30 days upon the filing of the papers prescribed by subpart 5.06.A, above.
(Subd B. amended effective July 1, 2024.)

C. Determining Filing Fee
A notice of appeal filed pursuant to Labor Code §98.2 will be treated as the first paper for
purposes of determining the filing fee.

Rule 5.06 amended and renumbered effective July 1, 2024; adopted as Rule 5:06 effective January 1, 1997; amended effective January 1, 2014 and January 1, 2019.

5.07 Settlement Conferences

A. Required Conference

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1) Civil cases that have an estimate for trial in excess of one full day, whether
or not subject to the Trial Court Delay Reduction Act, may be set for
settlement conference at the discretion of the Court. The settlement
conference will be held not earlier than ninety (90) days prior to trial,
unless otherwise stipulated by the parties, in writing.
2) Any matter may be voluntarily submitted to the Court for settlement
conference.

B. Attendance And Preparation
At the settlement conference, all parties must:
1) Be prepared to make a bona fide settlement offer;
2) Have all principals or clients either in attendance or available by
telephone, unless excused in advance for good cause shown, after notice to
all other parties that a request to be excused will be made (requests for
non-appearance may be made by letter);
3) Produce memoranda of items of any special damages claimed; and
4) Have available any and all medical reports (if a personal injury is claimed),
depositions, photographs, records, diagrams, maps, bills, contracts,
memoranda and other documents pertinent to settlement of the case.

C. Settlement Conference Statement

No later than five (5) calendar days prior to the date fixed for the settlement conference,
the parties must file with the Court, and must serve upon all other parties, a brief
statement of the facts and the law of the case.

(Subd C. amended July 1, 2023.)

D. Duty Re: Settlement
If a settlement conference has been calendared and the matter is resolved prior thereto,
the settlement conference will not be dropped from calendar unless and until the parties
have filed settlement papers or a dismissal of the action, and have informed the clerk of
the Court that the matter can be dropped from calendar. If neither dismissal nor
settlement papers have been filed prior to the conference, the matter will be returned to
the case management calendar for status review.
(Subd D. amended July 1, 2024.)

Rule 5.07 amended and renumbered effective July 1, 2024; adopted effective January 1, 1997; amended effective January 1, 2003, January 1, 2019, and July 1, 2023.

5.08 Sanctions

A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is

Revised 7/1/2024 Siskiyou County Superior Court Local Rules 5-5

used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions thereunder or as otherwise provided by law. In addition to sanctions authorized by the Code of Civil Procedure, the Court adopts and incorporates herein the provisions of Rule 2.30 of the California Rules of Court. Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing. Rule 5.08 renumbered effective July 1, 2024; adopted as Rule 5:08 effective January 1, 1997; amended effective January 1, 2007.

5.09 Arbitration

A. General Provisions
Arbitration pursuant to Rules 3.810 et seq. of the California Rules of Court is subject to
the provisions of CRC Rule 3.811(b) (exemptions) and of these Local Rules, and will be
conducted as follows:
1) Upon an order of the Court pursuant to Code of Civil Procedure
§1141.11(b);
2) Upon stipulation of all parties to non-binding arbitration;
3) Upon stipulation of all parties to binding arbitration;
4) Upon the filing of an election by a plaintiff, provided that plaintiff agrees
that the arbitration award will not exceed $50,000; in all actions where the
amount in controversy does not exceed $50,000 as to any plaintiff. A
stipulation or election for arbitration pursuant to this Local Rule ordinarily
must be made no later than the date of the initial status/case management
conference.

B. Disclosure Notice; Declination of Arbitrator
1) Within five (5) days of receiving a notice of assignment to arbitration,
each party must file, and deliver directly to the nominated arbitrator, a
notice that discloses the following:
2) Whether or not any party is proceeding in forma pauperis.
3) Whether or not this is a lengthy hearing matter (as defined hereinafter). If
any party indicates that a lengthy hearing will required, the arbitrator must
contact the parties, as promptly as possible, in order to determine the
estimated length of the hearing and to negotiate his or her hourly rate for
the anticipated lengthy hearing.
4) The arbitrator will have fifteen (15) days, from the date of the
administrator’s notice of the appointment, to file a written declination of
the appointment. Failure to file a declination will be conclusive of the
arbitrator's acceptance of the appointment.
(Subd B. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

C. Procedure After Declination of Arbitrator
Upon the filing of a declination by the arbitrator, the matter will be referred back to the
arbitration administrator for re-assignment. If the panel of arbitrators has been exhausted,
the administrator will set the matter on the case management calendar, to be heard within
forty (40) days of the filing date of the declination.

(Subd C. amended effective July 1, 2024.)

D. Time of Arbitration Hearing

Arbitration hearings must be conducted no sooner than thirty-five (35) days and no later
than ninety (90) days from the effective date of the assignment to the arbitrator.
(Subd D. amended effective July 1, 2024.)

E. Continuances
In no case may an arbitration hearing be continued to a date later than ninety (90) days
after the effective date of assignment to the arbitrator, except by order of the Court, made
on application and for good cause shown in accordance with Rule 3.817 of the California
Rules of Court.

F. Arbitration Active List; And Periodic Reviews
Arbitration selection will be pursuant to Rule of Court 3.815 (b) & (c).

G. Arbitration Panel
The Court will keep a panel of arbitrators pursuant to Rule of Court 3.814. Each person
appointed to the panel will serve at the pleasure of the Court. The panel of arbitrators
may include attorneys from jurisdictions outside of Siskiyou County.

H. Length of Arbitration Proceedings
1) Except as provided hereafter, arbitration hearings must not exceed three
(3) hours, after which time the arbitrator is authorized to terminate the
proceedings and make his or her award based upon the law and evidence
thus far received. At the sole discretion of the arbitrator, the hearing may
be extended beyond three hours in order to bring the matter to an orderly
conclusion; however, no additional compensation will be available to the
arbitrator under these Rules for such an extension of hearing.
2) If any party believes that the hearing will require more than three (3) hours
(any such matter must be designated as a "lengthy hearing"), that party
may obtain permission for such lengthy hearing in one of the following
ways:

(a) By filing, at least fifteen (15) court days before the hearing, a
written stipulation between the parties and the arbitrator that they

Revised 7/1/2024 Siskiyou County Superior Court Local Rules 5-7

all agree to a lengthy hearing; said stipulation must provide for payment by the parties of a specified reasonable hourly rate of compensation to the arbitrator for any arbitration in excess of three hours; or,

(b) By obtaining an order, on duly noticed motion, that shows cause
for a lengthy hearing and that specifies the reasonable rate of
compensation to the arbitrator for each hour of hearing in excess of
three (3) hours; such motion must be made to the Court before the
date by which the matter is required to have been completely
arbitrated.

(Subd H. amended effective July 1, 2024.)

I. Arbitration Fees
1) Standard Arbitration: Except as may be provided elsewhere in these Rules,
an arbitrator's fee in the total amount of one hundred and fifty dollars
($150.00) will be ordered as a charge upon the Court, and will constitute
the sole compensation for any arbitration hearing conducted pursuant to

Local Rule 5.09. At the time the arbitrator is appointed, the arbitration administrator will provide the arbitrator with a claim form, to be completed by the arbitrator and submitted for payment when the arbitrator’s award is filed with the Court. The costs of the arbitration that exceed $150.00 may be awarded as costs to the prevailing party. 2) Lengthy Arbitration: The reasonable compensation for a lengthy hearing must be fixed by agreement between the arbitrator and the parties to the arbitration, and must be limited to a reasonable hourly rate for each hour of hearing time in excess of three (3) hours. The parties are required to comply with the following provisions regarding any lengthy arbitration:

(a) If a dispute arises concerning the arbitrator's fee, then any affected
party, including the arbitrator, may file and duly notice a motion to
obtain a Court resolution of that dispute. The time incurred by the
arbitrator in making or defending such motion will be considered
by the Court in determining the reasonable compensation.

(b) The arbitrator's fee must be paid in full within ten (10) days after
he or she issues an award. If not paid, the arbitrator will have a lien
in the amount of any unpaid fees upon the settlement or judgment
entered in the subject action.

(c) The arbitrator, in his or her discretion, may require the parties to
make a deposit on account, in advance of the hearing, for the
anticipated fees, the amount of which must be divided equally
between all parties. Any party who prevails in the action and who

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has paid the arbitrator on account may recover those fees as costs.

Rule 5.09 amended and renumbered effective July 1, 2024; adopted as Rule 5:09 effective January 1, 1997; amended effective January 1, 2007 and January 1, 2019.

5.10 Default Prove-Ups

A. Manner of Presentation
1) Except for default cases in which the clerk of the Court may enter
judgment without review by a judicial officer [Code of Civil Procedure
§585(a)], and cases in which plaintiff seeks to quiet title pursuant to CCP
§764.010 and Local Rule 5.11, applications for entry of default judgment
and evidence in support thereof may be presented either in written form or
by oral testimony.
2) Affidavits and declarations presented in support of a prove-up application
must comply with the requirements of CCP §585 and §585.5.
3) If a prove-up by oral testimony is desired, the plaintiff must apply to the
clerk of the Court for a hearing, which will be set on the regular civil law
and motion calendar.
(Subd A. amended effective July 1, 2024.)

B. Evidence on Prove-Up, Generally

For purposes of default prove-ups, allegations in the complaint or cross-complaint, if
applicable, are not deemed proved because of the failure of the adverse party to answer.
Rather, proof must be presented by competent evidence with respect to all essential
elements of the causes of action to be proved. Mere conclusions are insufficient.

Affidavits and declarations must show, affirmatively, that the affiant or declarant is
competent to state those things that appear therein. Generally, the Court will use the same
standard for assessing the quality and sufficiency of the evidence as it would apply in a
contested proceeding. [Devlin v. Kearny Mesa AMC (1984) 155 CA3d 381.]

(Subd B. amended effective July 1, 2024.)

Rule 5.10 renumbered and amended effective July 1, 2024; adopted as Rule 5:10 effective January 1, 1997; amended effective July 1, 2010 and January 1, 2019.

5.11 Prove-Up in Quiet Title Proceedings

The Court will not enter judgment by default in any action to quiet title. [Code of Civil Procedure §764.010.] An application for entry of judgment in such action must be set for hearing on the civil law and motion calendar. At the hearing or by papers filed prior thereto, the applicant must demonstrate that all parties have been served and have either appeared or failed to appear; and the applicant must comply with the provisions of CCP §585(c). At the hearing on the

Revised 7/1/2024 Siskiyou County Superior Court Local Rules 5-9

application, the applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title. Rule 5.11 amended and renumbered effective July 1, 2024; adopted as Rule 5:11 effective January 1, 1997; amended effective January 1, 2003.

5.12 Obtaining Default Judgments Pursuant to Service by Publication

A. Obtaining an Order for Service by Publication
Applications for service by publication must be submitted to the clerk of the court for ex
parte approval by a judicial officer and must be supported by one or more factual
declarations describing all efforts to locate the other party. The Court will not grant the
application unless it appears from one or more supporting declarations that the petitioner
has exercised all due diligence in attempting to locate the other party. [Olvera v. Olvera
(1991) 232 Cal.App.3d 32; Harris v. Cavasso (1977) 68 CA3d 723;.] Petitioner's due
diligence search may include the following, as appropriate:
1) Recent inquiries of relatives and friends of the other party, and of other
people likely to know his or her whereabouts;
2) Searches of relevant telephone directories; tax rolls; DMV rolls; and
records of the Registrar of Voters.
(Subd A. amended effective July 1, 2024.)

B. Publication; and Entry of Default
Upon receiving the signed order for publication, the petitioner must cause the summons to
be published in a newspaper of general circulation in the State of California that is most
likely to give actual notice to the other party, pursuant to Code of Civil Procedure
§415.50 (i.e., the summons must be published once a week for four consecutive weeks).
Upon completion of publication, the petitioner must file the proof of publication and the
request to enter default. The clerk will then determine whether service is complete and, if
so, will enter default. (A hearing on the request to enter default may be required when the
circumstances so merit.) After default has been entered, the petitioner may apply for a
default judgment as described in the preceding section.

(Subd B. amended effective July 1, 2024.)

C. Applications for Orders for Alternative Service by Publication Where
Plaintiff/Petitioner is Indigent
An indigent plaintiff/petitioner may apply to the Court for an alternative manner of
service, other than publication in a California newspaper of general circulation. A
plaintiff/petitioner may be eligible for indigent relief when a prior fee waiver has been
granted in the same action. The petitioner must submit, for the Court’s review, an
application and declaration for alternative service, stating that the Court has granted a fee
waiver and the reasons that the applicant cannot now afford the cost of publication. After
reviewing the application and the file, the Court may order alternative service of process;

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require a hearing to determine Petitioner's ability to pay; or deny the request. (Subd C. amended effective July 1, 2024.) Rule 5.12 amended and renumbered effective July 1, 2024; adopted as Rule 5:12 effective January 1, 1997; amended effective January 1, 2003 and January 1, 2019.

5.13 Small Claims Court; Appearance by Plaintiff; Dismissal

A. Statement of Policy
The goal of the Court is to process small claims cases in the most expedient manner that is
fair to all concerned. The Court aims to achieve disposition of 100 percent (100%) of small
claims cases within thirty (30) days after filing when all defendants reside in Siskiyou
County; and within sixty (60) days after filing when any defendant resides outside of
Siskiyou County. Small claims cases are scheduled for trial within these timeframes
whenever practicable.
In many cases, service cannot be completed upon the defendant before the scheduled
hearing date. If the plaintiff contacts the Court prior to the hearing date, the hearing date
will be continued for a reasonable amount of time to allow for proper service upon the
defendant.
(Subd A. amended effective July 1, 2024.)

B. Duty of Plaintiff To Appear or Request Continuance
The Court will dismiss, without prejudice, any small claims action for which there is no
appearance by the plaintiff at the scheduled hearing, unless the plaintiff complies with the
requirements of Code of Civil Procedure Section 116.570 as to requesting a continuance.
(Subd B. amended effective July 1, 2024.)

Rule 5.13 amended and renumbered effective July 1, 2024; adopted as Rule 5:13 effective January 1, 1997; amended effective July 1, 2014 and January 1, 2019.

5.14 Representation in Unlawful Detainer Proceedings

A. General Court Policy
A property manager or rental agent may not file an unlawful detainer action on behalf of
the owner or lawful tenant of the subject property, and may not appear in the action on
behalf of the owner. A property manager who by contract has been assigned the right of
possession, and who has entered into the rental agreement with the tenant, may bring an
unlawful detainer action in his or her own name, as the real party in interest. A rental
agent or property manager who is a partnership, corporation, or unincorporated
association, must appear through an attorney. (Anna v. Metropolitan Trust (1941) 17
Cal.2d 827.)
(Subd A. amended effective July 1, 2024.)

B. Effect of Filing by Unauthorized Person

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

If the clerk of the Court inadvertently files an unlawful detainer complaint in violation of
the aforesaid policy, then the clerk thereafter will refuse to enter the default of the
defendant or to enter a clerk’s judgment, or to file any other papers on behalf of the
plaintiff, unless and until a licensed attorney substitutes into the action as attorney of
record for the plaintiff.
(Subd B. amended effective July 1, 2024.)

C. Authorized Parties in Propria Persona
Nothing in this Rule will preclude an individual who is a property owner of record, or an
individual who is a bona fide lessee and/or is entitled to possession of the subject
premises, from preparing, filing, and prosecuting an unlawful detainer action in his or her
own name, without representation by counsel. Note: corporate or other business entities,
whether landlord or tenant, may not appear as parties in pro per. (Merco vs. Construction
Engineers Inc. (1978) 21 Cal.3d 724.)
(Subd C. amended effective July 1, 2024.)

Rule 5.14 amended and renumbered effective July 1, 2024; adopted as Rule 5:14 effective January 1, 2001; amended effective July 1, 2010 and January 1, 2019.

5.15 Service of Unlawful Detainer Complaint

Pursuant to Code of Civil Procedure section 1167.1, the Court may issue summary dismissal without prejudice if plaintiff does not file a Proof of Service of the Summons and Complaint within 60 days of the filing of the Unlawful Detainer action.

Rule 5.15 renumbered effective July 1, 2024; adopted as rule 5:15 effective July 1, 2023.

5.16 False Claims Act Proceedings Proceedings initiated pursuant to the False Claims Act [Government Code §§ 12650 et seq.] must be filed in the Yreka Branch of the Superior Court, and will not be accepted by the clerk for filing unless a completed “Confidential Cover Sheet – False Claims Act”, JC Form MC-060, is affixed to the first page of the complaint. (Rule 2. 571 of the California Rules of Court.) Rule 5.16 renumbered effective July 1, 2024; previously adopted as Rule 5:15 effective January 1, 2007; renumbered as Rule 5:16 effective July 1, 2023.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 6: CRIMINAL RULES – MISDEMEANORS AND FELONIES

6.01 Filing Criminal Complaints and Citations

A. Place of Filing
All citations and criminal complaints must be filed in the Siskiyou County Courthouse in
Yreka, California.
(Subd A. amended effective July 1, 2024.)

B. Number of Copies of Charging Document
At the time a criminal charging document is filed, the filing agency must submit an
original and one copy of the charging document for each defendant named therein.
(Subd B. amended effective July 1, 2024.)

C. Time of Filing: in-Custody Defendants
All criminal complaints charging in-custody defendants must be filed with the Clerk of
the Criminal Division at the earliest time possible, in no case later than 1:15pm on the
day of the defendant's first appearance on those charges.
(Subd C. amended effective January 1, 2025; amended effective July 1, 2024.)

D. Time of Filing: Out-of-Custody Defendants
All criminal complaints charging out-of-custody defendants shall be filed with the Clerk
of the Criminal Division at least two (2) days before the time of the defendant's first
appearance on those charges.
(Subd D. amended effective July 1, 2025; previously amended effective July 1, 2024.)

Rule 6.01 amended July 1, 2025; adopted as Rule 6:01 effective July 1, 1996; amended effective July 1, 2020; amended effective July 1, 2009, January 1, 2019, July 1, 2020, and January 1, 2025; amended and renumbered effective July 1, 2024.

6.02 Bail and "O.R." Procedures

A. General Provisions
The following provisions apply to all proceedings in which bail is requested or has been
set:
1) Out-Of-Court Requests for Increase or Reduction
When bail has been set by a judge outside of court, any further out-of-court
requests for the increase or reduction of bail must be made, if practicable,
to the judge who set such bail.
2) Disclosure of Prior Requests

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Any person requesting a bail reduction or bail increase must disclose all
prior such applications which have been made in the pending matter.
3) Requests For Bail or Release on Own Recognizance
(a) No defense applications for bail or release on one’s own
recognizance ("O.R.") will be considered unless the Office of the
District Attorney has been given adequate notice of the request, so
that a representative of the District Attorney has the opportunity to
be present at the time the request is presented.
(b) When a defense request for bail or O.R. is made after normal court
hours, the requesting party, before contacting the Court, must
arrange for the telephone availability of a Deputy District
Attorney.
4) Request to Set Aside Forfeiture
(a) Except for vacation of forfeiture ordered pursuant to Penal Code
§§ 1305(c)(1) and (2), a notice of request to set aside forfeiture and
exonerate bond must be served on the District Attorney and
County Counsel at least ten (10) days prior to the hearing on the
motion. This notice is a condition precedent to vacation of
forfeiture.
(b) If an assessment is ordered by the Court pursuant to Penal Code
Section 1305.2, the forfeiture will not be set aside until such
assessment has been paid.
(Subd A. amended effective July 1, 2024.)

B. Source of Bail Pursuant to Penal Code Section 1275.1
When a Source of Bail Order pursuant to Penal Code §1275.1 has been issued, the
defendant, in order to show that no portion of the consideration, pledge, security, deposit,
or indemnification which is paid, given, made, or promised for its execution was
feloniously obtained, must utilize the following procedures to calendar the matter for
hearing:
1) Declaration or Offer of Proof
The request for hearing must be accompanied by a declaration or offer of
proof setting forth the following:
(a) The identity of the bail agent and surety, or, if there is no surety,
the depositor;
(b) The source of the bond premium, including name and address of
any person proposing to pay said premium; and
(c) The source of the security or pledge, including the name and
address of the owner, and description of the property.
2) Filing and Service of Declaration

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The declaration or offer of proof must be filed with the Clerk and must be
personally served on the Office of the District Attorney not later than
twenty-four (24) hours before the hearing.
3) Hearing
At the hearing, the defendant must produce the bail agent, the person
proposing to pay the premium, and the person proposing to provide the
security, for examination and cross-examination.
(Subd B. amended effective July 1, 2024.)

Rule 6.02 amended and renumbered effective July 1, 2024; adopted as Rule 6:10 effective July 1, 1996; amended effective July 1,2009 and January 1, 2019; previously amended and renumbered as Rule 6:02 effective July 1, 2020; amended effective, and January 1, 2022.

6.03 Arrest Warrants and Search Warrants

A. Issuance Procedures
All requests for arrest warrants and search warrants must first be presented to the District
Attorney or Attorney General, as appropriate, for review and approval before delivery to
the Court. Approval by the District Attorney or Attorney General must be in writing. All
supporting declarations for arrest warrants must be fully dated and executed before
submission to a judge.

B. Return Procedures
Search warrant returns are to be presented to the Clerk of the Criminal Court, who is
authorized to receive and execute the return for the Court. (Penal Code §1534(d).)

Rule 6.03 amended and renumbered effective July 1, 2024; previously adopted as Rule 6:20 effective July 1, 1996; amended effective July 1, 2000 and January 1, 2019; amended effective January 1, 2022; previously amended and renumbered as Rule 6:03 effective July 1, 2020.

6.04 Arraignment

A. Reserved

B. Reserved

C. Appearance of Public Defender at Arraignment
The Office of the Public Defender will be notified of all pending in-custody
arraignments, and a Deputy Public Defender must be present for all in-custody
arraignment calendars, whenever a Deputy is available, as determined by the Public
Defender, to undertake representation of defendants for whom the Public Defender may
be appointed as counsel.

D. Conflict of Counsel

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

As soon as possible, and in any event no later than seven (7) calendar days after the
Public Defender or a conflict Public Defender has discovered a conflict, conflicted
counsel must contact the clerk of the Criminal Court for re-calendaring on the next
available court date so that the conflict may be declared and substitute counsel appointed.
(Subd D. amended effective July 1, 2024.)

E. Continuance to Obtain Counsel
In cases in which a defendant appears at arraignment without counsel and advises the
Court that he or she is in the process of hiring or attempting to hire private counsel, the
case may be continued for appearance of counsel and initial plea; the continuance will not
extend beyond fourteen (14) calendar days from the date of first appearance, absent a
showing of good cause for a later appearance.
(Subd E. amended effective July 1, 2024.)

F. Further Calendaring in Misdemeanor Matters
As a general case-handling guideline, the Court will schedule misdemeanor cases not
resolved at arraignment for a pretrial conference to be conducted approximately thirty
(30) days after the arraignment.

(Subd F. amended effective July 1, 2024.)

G. Further Calendaring in Felony Matters
As a general case-handling guideline, unless the defendant exercises his or her right to a
speedy trial, the Court will schedule felony cases not resolved at arraignment for a
pretrial conference to be conducted approximately thirty (30) days after the arraignment.
If no pretrial conference is set, a preliminary examination will be set within thirty (30)
days after the arraignment, unless the Court requires a later setting.
(Subd G. amended effective July 1, 2024.)

Rule 6.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 6:30 effective July 1, 1996; amended effective July 1, 2013; amended effective January 1, 2019; previously amended and renumbered as Rule 6:04 effective July 1, 2020.

6.05 Amendments to Complaints and Informations

A. Filing and Hearing Requirements
If a party wishes to file an amended pleading and leave of court is required but has not
yet been obtained, the amended pleading may be lodged with the Court. The Clerk will
mark it as “received”, and at the next calendared hearing the Court will determine if there
is objection to the amended pleading, and will permit counsel, or a party appearing in
propria persona, to present argument in support or opposition. If the matter is not already
on calendar, for some purpose, within a reasonable time after the amended pleading is
lodged, then the party requesting leave to file the amended pleading must place the matter
on calendar by filing a noticed motion in accordance with Local Rule 6.10.
(Subd A. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

B. Service Requirements
At the time the amended pleading is lodged with the Court, the party lodging the pleading
must immediately serve a copy on all other counsel, or parties appearing in propria
persona.

Rule 6.05 amended and renumbered effective July 1, 2024; previously adopted as Rule 6:40; amended effective July 1, 2013; previously amended and renumbered as Rule 6:05 effective July 1, 2020.

6.06 Discovery

At the time of the defendant’s first appearance on a felony or misdemeanor matter, an informal request for continuing discovery shall be deemed to have been made by the defendant requesting the prosecuting attorney to disclose all materials and information set forth in Penal Code § 1054.1 and as required to be disclosed by the state and federal constitutions, including exculpatory information regarding guilt or innocence and sentencing mitigation covered by Brady v. Maryland (1963) 373 U.S. 83 and its progeny. In addition, an informal request will be deemed to have been made by the defendant for all audio, video and still photographs, including, but not limited to body camera footage, dash camera footage, and MVARS. Rule 6.06 amended effective July 1, 2025 ; adopted as Rule 8:01 effective July 1, 1996; amended effective July 1, 2009 and January 1, 2025; previously renumbered as Rule 6:06 effective July 1, 2020; renumbered effective July 1, 2024.

6.07 Preliminary Examinations

A. Time Estimate for Preliminary Examination
Counsel must, at the time of setting or as soon as possible thereafter, identify to the Court
any matter that is expected to take a half-day or more to hear. Those matters not so
designated will be presumed to require less than a half-day and will be appropriately
calendared.
(Subd A. amended effective July 1, 2024; previously adopted as Rule 10:01 effective July 1,
2013; previously amended and renumbered as Rule 6:07, subdivision (A) effective July 1,
2020.)

B. Continuance of Preliminary Examination
Unless Penal Code §1050(k) applies, motions to continue a preliminary examination are
disfavored, and will be denied unless the moving party, pursuant to and in accordance
with Penal Code §1050 and the particular statutes pertaining to continuances of
preliminary examinations, presents affirmative proof that there is good cause to continue
the preliminary examination and the ends of justice require the continuance. A stipulation
by all parties to continue the preliminary examination, by itself, does not constitute good
cause. Likewise, substitution of counsel does not automatically constitute good cause for
a continuance.
(Subd B. amended effective July 1, 2024; originally adopted as Rule effective July 1, 1996;
amended effective July 1, 2009; amended and renumbered as Rule 6.07, subdivision (B)
effective July 1, 2020.)

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Rule 6.07 amended and renumbered effective July 1, 2024; previously adopted as Rules 10.01 and 10.02 effective July 1, 1996; amended effective July 1, 2009 and July 1, 2013; previously amended and renumbered as Rule 6:07 effective July 1, 2020.

6.08 Negotiations Prior to the Pre-Trial Conference

A. Meet and Confer
Counsel are strongly encouraged to meet and discuss actions informally in order to
resolve matters prior to the pre-trial conference.
(Subd A. amended effective July 1, 2024.)

B. Prosecution Offers for Resolution
The prosecuting agency should deliver any formal written offer for resolution to defense
counsel at least ten (10) court days prior to the day of the pre-trial conference.
(Subd B. amended effective July 1, 2025; previously amended July 1, 2024.)

C. Defense Preparation
Defense counsel should appear at the pre-trial conference having already discussed the
case, and the prosecuting agency’s offer, with the defendant.

Rule 6.08 amended effective July 1, 2025; previously amended and renumbered effective July 1, 2024; previously adopted as Rule 7.01 effective July 1, 1996; amended July 1, 2009; previously amended and renumbered as Rule 6.08 effective July 1, 2020.

6.09 Pre-Trial Conferences

A. Definition
Pre-Trial Conferences are hearings after arraignment and before the trial readiness
conference.
(Subd A. amended effective July 1, 2024.)

B. Limitation on Number of Pre-Trial Conferences
Absent exceptional circumstances, felony cases will have at most one (1) Pre-Trial
Conference after arraignment on the complaint and one (1) Pre-Trial Conference after
arraignment on the information. Misdemeanor cases will have one Pre-Trial Conference
after arraignment on the complaint.

C. Presence of Defendant
Defendants will be ordered to appear at the Pre-Trial Conference unless the Court has
given prior approval for non-appearance or counsel has been authorized by the client to
appear pursuant to Penal Code Section 977.
(Subd C. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

D. Preparation and Continuances
At the pre-trial conference, both sides must be fully prepared to discuss the facts of the
case and the availability of witnesses for trial. Attorneys are expected to have exchanged
discovery, discussed offers, conveyed offers to clients and discussed counter-offers prior
to the pre-trial conference. The pre-trial conference will not be continued without actual
good cause shown.
(Subd D. amended effective January 1, 2025; amended July 1, 2024.)

E. Dispositions and Trial Dates
The Court will be prepared at the pre-trial conference to accept dispositions and to set trial
dates.
(Subd E. amended effective July 1, 2024.)

F. Mandatory Settlement Conferences
All cases set for trial will be set for a mandatory settlement conference approximately
three weeks prior to trial. Defendants shall be present at the settlement conference unless
prior arrangements have been made with the trial judge.
Counsel may appear pursuant to Penal Code section 977 only if counsel has authority to
provide a bona fide offer and, if the client is immediately available by telephone to
discuss the negotiations.
(Subd F. amended effective January 1, 2025; adopted effective January 1, 2022; amended
effective July 1, 2024.)

Rule 6.09 amended January 1, 2025; previously adopted as Rule 7:02 effective July 1, 1996; amended effective July 1, 2011; previously amended and renumbered as Rule 6:09 effective July 1, 2020; amended effective January 1, 2022; renumbered and amended effective July 1, 2024.

6.10 Pre-Trial Motions

A. Form of Pretrial Motions
Unless otherwise ordered or specifically provided by law, all pretrial motions must be in
writing and must be accompanied by a memorandum of points & authorities. All such
motions and supporting documents, opposition papers, and the hearings thereon must be
in compliance with Rule 4.111 of the California Rules of Court. The form and format of
all motions, and supporting or opposition documents, must be as required by the
California Rules of Court and, specifically, Rule 2.100 et seq.
Counsel are encouraged to refer to the California Criminal Law Forms Manual, published
by the California Continuing Education of the Bar, for guidance in connection with the
filing, scheduling, and opposing of pretrial motions.
(Subd A. amended effective July 1, 2024.)

B. Filing and Service

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The time for filing and the manner of service of pretrial motions must be as set forth in
Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically
provided by law. An order shortening time may be granted by the Court upon ex parte
written application, if the application is supported by a declaration demonstrating good
cause. Any ex parte application to the Court for an order shortening time must be in
compliance with Local Rule 3.03.
(Subd B. amended effective July 1, 2024.)

C. Hearings
Hearings on pretrial motions must be set on the Court's regular criminal law and motion
calendar, provided that the hearing will require no more than a total of 15 minutes for all
sides to fully argue; no evidence will be taken at any hearing on the law and motion
calendar. In the event that counsel determines that the matter will require more than a
total of 15 minutes, or will require the taking of evidence, counsel must notify the Court’s
criminal clerks, no later than the third court day prior to the day set for hearing, that the
matter requires an extended hearing, in which case the matter may be continued by the
Court to a date and time certain.

D. Hearings by Stipulation of Counsel/Parties
If counsel, or counsel and parties in propria persona, unanimously stipulate that a matter
may be placed on calendar and heard by the Court without notice, then counsel or such
party may notify the Court's criminal clerks, by written memo, of the fact of the
stipulation, and may request that the matter be calendared for hearing at a designated date
and time. Upon receipt of approval by a judge, the calendar coordinator may authorize
the matter to be so calendared, and shall telephonically notify the clerk, the court
reporter, all counsel and parties in propria persona, and all necessary security personnel
(and custodial personnel if the defendant is in custody), of the date and time of the
hearing. Unless expressly ordered by the Court, or otherwise provided for in these Rules
or some other written policy or order of the Court, no counsel or party may unilaterally
request that a matter be calendared for hearing. Exceptions to this Rule include the
Court's existing policy regarding the calendaring of juvenile detention hearings under
Welfare & Institutions Code Sections 300 and 600, and calendaring the arraignments of
defendants taken into custody for alleged probation violations.
(Subd D. amended effective July 1, 2024.)

Rule 6.10 amended and renumbered effective July 1, 2024; previously adopted as Rule 13.03 effective July 1, 1996; amended effective January 1, 2007 and January 1, 2019; previously amended and renumbered as Rule 6:10 effective July 1, 2020; originally.

6.11 Trial Setting The trial date, pre-voir dire conference, settlement conference, and trial readiness conference will be set at the pre-trial conference following arraignment on the complaint in a misdemeanor case or arraignment on the information in a felony case. Generally, the Court will select a trial date that is approximately thirty (30) to sixty (60) days after the pre-trial conference. When the trial is set, counsel shall advise the Court of the estimated time needed to try the case.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

A trial readiness conference will be set approximately thirty (30) days before the trial date, at which counsel shall confirm that all discovery, including exculpatory evidence and a written witness list including the names and addresses of persons a party intends to call as witnesses at trial, has been exchanged consistent with the provisions of Penal Code sections 1054, 1054.1, 1054.3, 1054.7 and any other statutory provisions governing the exchange of discovery. Written witness lists shall be filed with the court when served on the opposing party. The trial readiness conference shall be set on the regular misdemeanor or felony pre-trial calendar. A settlement conference will be set approximately three (3) weeks before the trial date. A pre-voir-dire conference will be set on the Thursday before the trial date with the trial judge. Rule 6.11 amended effective January 1, 2025; adopted as Rule 6:11 effective July 1, 2020; amended and renumbered effective July 1, 2024.

6.12Repealed-Rule 6:12 Repealed effective January 1, 2024; previously adopted as Rule 9:01 effective July 1, 1996; amended July 1, 2009, amended January 1, 2016; previously amended and renumbered as Rule 6:12 effective July 1, 2020.

6.13 Trial Motions

A. In Limine Motions
Absent a showing of good cause, in limine motions shall be noticed and heard at, or prior
to, the pre-voir dire conference. Motions to suppress evidence pursuant to the provisions
of Penal Code § 1538.5 shall be noticed and heard as provided by statute, and should be
heard prior to the pre-voir dire conference. Unless otherwise provided by law, absent a
showing of good cause, all other pre-trial motions shall be properly noticed for hearing
prior to, or at, the pre-voir dire conference. Said pre-trial motions include, but are not
necessarily limited to, the following: motions relating to the admissibility of prior
conduct, severance motions, motions to bifurcate, motions to impeach defendant with
prior convictions pursuant to Evidence Code §788, motions to suppress admission or
confession on Miranda or voluntariness grounds, motions to suppress identification,
Aranda/Bruton motions, motions for courtroom demonstrations, motions for permission
to view the scene, and/or motions to exclude evidence pursuant to the provisions of
Evidence Code §352. The trial judge may make further orders regarding the filing,
serving and scheduling of such motions, at any time, as may be appropriate.
(Subd A. amended effective July 1, 2024.)

B. Motions for Continuance
Motions for continuances shall be noticed and heard at the earliest possible time, and
absent a showing of good cause, shall not be heard after the pre-voir dire conference.
(Subd B. amended effective July 1, 2024.)

Rule 6.13 amended and renumbered effective July 1, 2024; previously adopted as Rule 9:02 effective July 1, 1996; amended January 1, 2016 and January 1, 2019; previously amended and renumbered as Rule 6:13 effective July1, 2020.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

6.14 Pre-Voir Dire Conferences

A. Presence of Defendant at Pre-Voir Dire Conference
1) Misdemeanor Cases: Defense counsel must ensure that the defendant is
present at the pre-voir dire conference unless counsel appears pursuant to
Penal Code §977. If counsel appears pursuant to Penal Code §977, counsel
shall have full authority to resolve the case, including a fully executed plea
form if required, or to participate in a pre-voir dire conference. A
defendant not personally present shall be available telephonically to confer
with defense counsel during the pre-voir dire conference.
2) Felony Cases: Notwithstanding the execution of a Penal Code § 977
waiver, the Court will order each Defendant to personally appear at their
felony pre-voir dire conference, unless good cause exists for conducting
the conference in the Defendant’s absence. If the court finds good cause to
excuse a Defendant’s appearance, the Defendant shall be available
telephonically to confer with defense counsel.
(Subd A. amended effective July 1, 2024.)

B. Repealed and Reserved
(Subd B repealed and reserved effective July 1, 2024.

C. Mandatory Exchange
No later than 14 days before the first day of trial, or on an earlier date if ordered by the
Court, all parties shall serve and file the following:
1) A statement of the case, including but not limited to, a summary of the
case; the efforts made to resolve the case, including offers made, response
and counter-offers; and identification of any complex legal or evidentiary
issues with a supporting memorandum of points and authorities;
2) Witness List;
3) Exhibit List;
4) Requests for CALCRIM and Special Jury Instructions. Counsel may
submit a list of requested CALCRIM instructions by title and number but
shall provide complete proposed instructions for the following: charge
specific instructions (CALCRIM 500-3002); instructions related to
enhancements and sentencing factors (CALCRIM 3100-3261);
instructions for completion of verdict forms if multiple counts are charged
or lesser included offenses are applicable (CALCRIM 3515-3519); and
any special jury instructions;
5) Proposed prospective juror questionnaires and proposed questions, if any,
for the Court to ask prospective jurors during voir dire examination; and
6) Motions in limine not previously filed and heard pursuant to Rule 9.02.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

7) At or before the pre-voir dire conference, all parties shall exchange
transcripts of electronic recordings they intend to offer into evidence,
pursuant to California Rules of Court, Rule 2.1040.

(Subd C. amended effective July 1, 2024.)

D. Prosecution’s Proposed Verdict Forms
The prosecution shall submit and serve proposed verdict forms, including any special
findings and lesser included offenses, at or before the pre-voir dire conference.
(Subd D. amended effective July 1, 2024.)

E. No Exchange if Case is Resolved
If the case is going to resolve prior to trial and the parties have filed a joint memorandum
with the Court by 4:00 p.m. on the Friday preceding the due date for trial documents
indicating that a resolution has been reached, the parties are excused from filing the
required documents. If a plea form is required for an anticipated resolution, defense
counsel shall meet with the defendant prior to the pre-voir dire conference for purposes of
completing the plea form.
If the Court is notified that a case will resolve, summoned jurors will be excused from
appearing on the trial date. Counsel may request via a memorandum to the Court that the
matter be set on an earlier date for entry of plea if a resolution is reached after the
settlement conference but before the pre-voir dire conference.
(Subd E. amended effective July 1, 2024.)

F. Duty to be Prepared

The District Attorney, and the Public Defender and/or other defense counsel of record,
shall ensure that an attorney appear at the pre-voir dire conference for his or her office
who is fully informed of the status of trial preparations, investigations, and settlement
discussions, and who is prepared to, and has full authority to, resolve the case and/or
conduct a complete pre-voir dire conference, including addressing all aspects of motions
in limine, jury instructions and all other matters pertinent to the trial or as set forth in
subsection (G) of this rule.
(Subd F. amended effective July 1, 2024)

G. Participation at Pre-Voir Dire Conference
At the pre-voir dire conference the parties shall be prepared to comply with CRC Rule
4.200 and to discuss and/or engage in the following:
1) Good faith final settlement negotiations;
2) Possible amendment of the complaint or information for the limited
purpose of reading the charges to prospective jurors;

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

3) Number of peremptory challenges and order of exercise of peremptory
challenges;
4) Number of alternate jurors;
5) Pre-instruction of the jury, and preliminary discussion of closing
CALCRIM and special jury instructions;
6) Order of examination in multi-party cases;
7) Any complex evidentiary or legal issues;
8) Pre-marking of exhibits;
9) Stipulations;
10) Expert witnesses;
11) Any issues triable by the Court as opposed to the jury;
12) Any revision in the estimate of the length of trial, including anticipated
limited and dark court days; and,
13) Scheduling problems, including those of witnesses and counsel.
(Subd G. amended effective July 1, 2024.)

Rule 6.14 amended and renumbered effective July 1, 2024; previously adopted as Rule 9:03 effective July 1, 1996; amended January 1, 2016; previously amended and renumbered as Rule 6:14 effective January 1, 2020.

6.15 Policy Regarding Acceptance of Negotiated Plea After Pre-Voir Dire Conference Except in extremely unusual circumstances when good cause is shown, the Court will not approve a negotiated plea after the pre-voir dire conference has been conducted. For purposes of this policy, the term “negotiated plea” means any plea other than a plea of guilty or nolo contendere to all counts (not including alternative counts) charged in the complaint or information, and also means any plea which is conditional upon a grant of probation or a certain specified punishment, even if the defendant is pleading guilty or nolo contendere to all counts.

Rule 6.15 amended and renumbered effective July 1, 2024; adopted as Rule 6:15 effective July 1, 2020.

6.16 Storage of Dangerous or Toxic Exhibits The Court will follow the parameters of Penal Code section 1417.3 for storage of exhibits that pose a security, storage, or safety concern, or that are toxic and hazardous to humans. Rule 6.16 amended and renumbered effective July 1, 2024; previously adopted as Rule 9:05 effective January 1, 2019; previously renumbered as Rule 6:16 effective July 1, 2020.

6.17 Requests for Sentence Modification

A. Setting for Hearing

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks
modification of a term of probation, including a jail term, the defendant or counsel must
contact the Clerk of the Criminal Court in order to set a hearing before the bench officer
who imposed the sentence with notice to the opposing party. The matter will be set on a
regular calendar over which that bench officer presides.
(Subd A. amended effective July 1, 2024.)

B. Form of Request
The time for filing and the manner of service of a request for sentence modification must
be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or
specifically provided by law. An order shortening time may be granted by the Court upon
ex parte written application, if the application is supported by a declaration
demonstrating good cause. Any ex parte application to the Court for an order shortening
time must be in compliance with Local Rule 3.03.
(Subd B. amended effective July 1, 2024.)

Rule 6.17 amended and renumbered effective July 1, 2024; previously adopted as Rule 13:05 effective July 1, 1996; amended effective July 1, 2009 and January 1, 2019; previously renumbered as Rule 6:17 effective July 1, 2020.

6.18 Sanctions

Rule 5.08 of these Local Rules, pertaining to civil actions, is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in this Court.

Rule 6.18 renumbered effective July 1, 2024; previously adopted as Rule 13:01 effective July 1, 1996; amended effective July 1, 2009; previously renumbered as Rule 6:18 effective July 1, 2020.

6.19 Warrant Recall Attorneys may request via written memo to the Court that a matter in which an arrest or bench warrant has been issued be placed on calendar for the appearance of the defendant and recall of the warrant. The court has discretion to grant or deny the request. Rule 6.19 renumbered effective July 1, 2024; adopted as Rule 6:19 effective January 1, 2022.

6.20 Mental Health Court Mental Health Court is for individuals who qualify for Mental Health Diversion, and those individuals who do not, or did not, qualify for Mental Health Diversion. They may be post-plea with deferred entry of judgment, or sentenced and on probation. These individuals would participate in Mental Health Court similar to those individuals whose case has been diverted.

Any participant who is on probation shall also be supervised by the probation department. The probation department shall also supervise any other participant, on deferred entry of judgment or participating in diversion, by order of the court. Any individual supervised by the probation

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department shall comply with all terms and conditions ordered by the court as a condition of continued participation in Mental Health Court and/or Mental Health Diversion. Rule 6.20 renumbered effective July 1, 2024; adopted as Rule 6:20 effective January 1, 2022.

6.21 Mental Health Diversion

A. Introduction
Penal Code section 1001.35 sets forth the purpose of diversion. It is to promote the
following: 1) Increased diversion of individuals with mental disorders to mitigate the
individuals’ entry and reentry into the criminal justice system while protecting public
safety; 2) Allowing local discretion and flexibility for counties in the development and
implementation of diversion for individuals with mental disorders across a continuum of
care settings; and 3) Providing diversion that meets the unique mental health treatment
and support needs of individuals with mental disorders.
Penal Code section 1001.36 sets forth a discretionary pre-trial diversion procedure for
any defendant charged with a misdemeanor or felony, who suffers from a mental disorder
listed in the most recent edition of the Diagnostic and Statistical Manual (DSM) of
Mental Disorders, the symptoms of which can be abated with treatment, if the mental
disorder played a significant part in the commission of the charged offense.
(Subd A adopted January 1, 2022.)

B. Eligibility
The Court has broad discretion to grant or deny diversion. There are mandatory and
discretionary factors for the court to consider.
1) Mandatory Considerations: The Court shall consider all of the following
requirements:
(a) The court is satisfied that the defendant suffers from a mental
disorder as identified in the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders, including, but not
limited to, bipolar disorder, schizophrenia, schizoaffective
disorder, or post-traumatic stress disorder, but excluding antisocial
personality disorder, and pedophilia; said information should
specifically detail diagnosis or treatment of the disorder within the
last five years;
(b) The court is satisfied that the defendant’s mental disorder played a
significant role in the commission of the charged offense;
(c) In the opinion of a qualified mental health expert, the defendant’s
symptoms causing, contributing to, or motivating the criminal
behavior would respond to mental health treatment;
(d) The defendant consents to diversion and waives the right to a
speedy trial;
(e) The defendant agrees to comply with treatment as a condition of

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diversion; (f) The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in Penal Code section 1170.18, if treated in the community; and, (g) The court is satisfied that the recommended program of mental health treatment will meet the specialized mental health treatment needs of the defendant. 2) Permissive Considerations: The Court may consider the following: (a) The opinions of the district attorney, the defense, a qualified mental health expert, the defendant’s violence and criminal history, the current charged offense, and any other factors that the court deems appropriate; (b) The court should consider whether defendant’s conduct in prior diversion or treatment programs suggest that defendant is now unsuitable; and (c) If questions regarding defendant’s competence arise (pursuant to Penal Code section 1368, et.seq.), the court may nonetheless place an incompetent defendant on diversion, provided that he/she is deemed “suitable.” Penal Code sections 1370(a)(1)(B)(iv) and 1370.01(a)(2).

(Subd B amended effective January 1, 2024; adopted effective January 1, 2022.)

C. Offenses not Eligible for Mental Health Diversion
1) Murder or voluntary manslaughter;
2) An offense for which a person, if convicted, would be required to register
pursuant to Penal Code section 290, except for a violation of Penal Code
section 314;
3) Rape;
4) Lewd or lascivious act on a child under 14 years of age;
5) Assault with intent to commit rape, sodomy, or oral copulation, in
violation of Penal Code section 220;
6) Commission of rape or sexual penetration in concert with another person,
in violation of Penal Code section 264.1;
7) Continuous sexual abuse of a child, in violation of Penal Code section
288.5; and,
8) A violation of Health and Safety Code section 11418(b) or (c).

(Subd C. amended effective July 1, 2024; adopted effective January 1, 2022.)

D. Mental Health Diversion Procedures
1) Noticed Application or Petition. Defense counsel shall file an

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Application or Petition for Mental Health Diversion (MHD), pursuant to
section 1001.36, with the court and serve the prosecutor with a copy. The
Application or Petition shall be noticed for the regular date and time of the
Mental Health Court for initial review or at such other time as may be
designated by the Court. The Application or Petition should specify in
detail:
(a) The mental disorder at issue, including diagnostic and treatment
history of said disorder. If the defendant suffers from multiple or
co-occurring disorders, the application shall so specify.
(b) A description of the nexus between defendant’s mental disorder
and the charged offense;
(c) The opinion of a qualified mental health expert indicating that the
defendant’s symptoms motivating the criminal behavior would
respond to mental health treatment;
(d) A statement that the defendant consents to diversion and waives the
right to a speedy trial;
(e) A statement that the defendant agrees to comply with treatment as a
condition of diversion;
(f) A description of the proposed treatment plan. Said plan should
include, at a minimum, a discussion of:
i. Plan for receipt of medical / clinical treatment, including, if
appropriate, plans for access to psychotropic medication;
ii. Housing;
iii. Insurance coverage / options for treatment; and
iv. Available support systems, including family and/or mentor
support.

In addition to the Application or Petition, the defendant will need to
participate in a Mental Health Diversion Assessment, typically
administered by Siskiyou County Behavioral Health. As necessary, the
defendant would need to participate in a Drug and Alcohol Abuse
Assessment. Any records or documents reviewed by the clinician who
prepares any assessment shall be attached to the assessment report. The
assessment, along with any records shall be filed with the court at the time
of filing the Application or Petition and served on the district attorney’s
office. The court will sign a proposed protective order regarding any of
the defendant’s records, and they shall be filed in the confidential section
of the court file.
2) Meet and Confer. Prior to the initial review of an Application or Petition
for Mental Health Diversion, defense counsel and prosecution shall meet
and confer to determine:
(a) Whether the parties agree that diversion is appropriate; and

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

(b) If there is no agreement, whether modifications of the treatment
plan could lead to agreement for diversion.

Counsel are advised that a best practice would be to meet and confer
regularly both before and during the diversion period for any individual.
This meet and confer process may begin before an Application or Petition
is filed.
3) Initial Review and Prima Facie Hearing on Application or Petition.
The court shall initially conduct a review with the Mental Health Diversion
Team to determine if the defendant has made a prima facie showing that
he/she is suitable for consideration for mental health diversion. The court
shall find either:
(a) A prima facie basis for diversion has been established; and the
court further finds the defendant and the crime are suitable for
MHD.
(b) A prima facie basis for diversion has not been established and the
MHD Application or Petition is denied; or
(c) A prima facie basis for diversion has been established, but the court
finds the defendant, or the crime, is not suitable for MHD.

If the court finds that the defendant is suitable for MHD, it shall set a
further hearing for defendant to present a treatment plan. If diversion is
initially denied, the case shall continue as scheduled on the criminal
calendar where a record shall be made. Some cases may be set for an
evidentiary hearing to establish a prima facie case, by the court, at the
request of the district attorney or the defendant, in particular, but not
limited to, a situation wherein a party disagrees with the court’s tentative
ruling on the Application or Petition for Diversion at the Mental Health
Team review.
An informal prima facie hearing on the Application or Petition may be
required by the court. At such a hearing, which in felony cases will be on
the record with a court reporter and misdemeanor cases will have the
clerk’s minutes as a record of the hearing, the defendant may be required
to make a prima facie showing that the defendant meets the minimum
requirements for eligibility for diversion, and that the defendant and the
offense are suitable for diversion. The district attorney may offer evidence
that the defendant has not met the minimum requirements for diversion
and/or the defendant and/or the offense may not be suitable for diversion.
The hearing shall be on the record (see above), informal, and may proceed
on offers of proof, reliable hearsay, and argument of counsel. If the court
finds the prima facie showing is not made, or the defendant and/or the
offense are not suitable for diversion, the court may summarily deny the
Application or Petition for Diversion, or grant any other relief as may be
deemed appropriate, including granting diversion. If diversion is denied, a

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future court date shall be set on the criminal calendar. If diversion is granted, a future court date shall set for a hearing for the treatment plan as discussed below in paragraph 4. For misdemeanor cases, if the defendant is granted diversion after the initial review by the Mental Health Diversion Team, that shall be reflected in the court’s minutes, and the defendant shall enter waivers and immediately be diverted and begin participation in, and development of, a diversion treatment plan as set forth in paragraph 4 below. The prosecution shall be postponed or stayed while the defendant participates in mental health treatment during the diversion period. For felony cases, if the defendant is granted diversion after the initial review by the Mental Health Diversion Team, the individual shall immediately begin participation in, and development of, a diversion treatment plan as set forth below in paragraph 4. At the next scheduled court date in the felony court, the court shall accept waivers and formally divert the defendant on the record. The prosecution shall be postponed or stayed while the defendant participates in mental health treatment during the diversion period. 4) Diversion Commencement and Treatment Plan. After the court has accepted the defendant’s waivers and diverted the defendant, the court shall conduct a hearing to formally approve the diversion treatment plan. The court is mindful of the fact that a general plan is typically proposed in the initial Application or Petition for Mental Health Diversion. Only after being accepted does the defendant, along with the treating mental health professionals, develop a specialized treatment plan to meet unique needs of the individual. At the hearing, a copy of the treatment plan shall be provided to the district attorney and defense attorney, and it will be filed with the court. The court shall retain the treatment plan in the confidential section of the court file. Typically, the minimum time in MHD is one year, and the maximum is two years. (a) Approval of the Treatment Plan. The Court shall review the treatment plan and decide as follows: i. If the treatment plan is suitable: the court shall approve the treatment plan, and the defendant shall have up to two years to complete treatment. The defendant shall be ordered to return for a review hearing as determined by the Mental Health Diversion Team and set at the discretion of the court. ii. If the treatment plan is not suitable: the court shall order the defendant to get an updated plan and continue the hearing. Once the treatment plan is approved, the court shall make the same orders noted in (a) above. If the court is not able to find a treatment plan suitable, the court may terminate diversion and resume with the criminal proceedings.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

5) Mental Health Diversion Review Hearings. At the review hearings, an
individual from the Mental Health Diversion Team shall submit progress
reports for each individual subject to a review hearing. A progress report
shall describe, in detail, all progress made on each specified element of the
treatment plan. The court shall retain the treatment plan in the confidential
section of the court file. At the progress report hearing, the judicial officer
shall review the report for compliance, and if:
(a) The defendant is making progress, set another progress report date,
and the court shall determine the frequency of the review hearings;
or
(b) The defendant is not making progress, the court may:
i. give defendant additional time to comply and continue
progress hearing to another date; or
ii. terminate defendant from the program and reinstate the
criminal proceedings—if requested, the court shall schedule
a noticed hearing to hear further evidence on why
defendant should not be terminated from Mental Health
Diversion.

6) Termination of Diversion or Modification of Treatment. Motion to
Terminate Diversion may be brought by the court on its own motion. If
circumstances exist, the court shall hold a hearing to determine whether
the criminal proceedings should be reinstated, whether the treatment plan
should be modified, or whether the defendant should be conserved and
referred to the conservatorship investigator to initiate conservatorship
proceedings for the defendant pursuant to Welfare and Institutions Code
section 5350 et seq.

The district attorney may file a motion to terminate diversion including,
but not limited to, the following grounds:
(a) The defendant is charged with an additional misdemeanor
allegedly committed during the pretrial diversion and that reflects
the defendant’s propensity for violence;
(b) The defendant is charged with an additional felony allegedly
committed during the pretrial diversion;
(c) The defendant is engaged in criminal conduct rendering him or her
unsuitable for diversion; or
(d) Based on the opinion of a qualified mental health expert, the
defendant is performing unsatisfactorily in the assigned program,
or the defendant is gravely disabled as defined in Welfare and
Institutions Code section 5008(h)(1)(B).
(e) The court may do any of the following:

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i. Deny the motion and allow diversion to proceed. In this case the court and counsel shall then select the next progress review court date; ii. Deny the motion but modify and/or increase treatment level. In this case the court and counsel shall then select the next progress review court date; iii. Deny the motion but refer the matter to the conservatorship investigator to initiate conservatorship proceedings; or iv. Grant the motion terminating diversion and reinstate criminal proceedings.

7) Restitution. Upon request, the court shall set a hearing to determine
whether restitution, as defined in Penal Code section 1202.4(f), is owed to
any victim as a result of the diverted offense, and if owed, order its
payment during the period of diversion. However, a defendant’s inability
to pay restitution due to indigence or mental disorder shall not be grounds
for denial of diversion or a finding that the defendant has failed to comply
with the terms of diversion.

8) Completion of Mental Health Diversion. Upon successful completion of
all terms and conditions of diversion, the court shall dismiss the matter
pursuant to Penal Code section 1001.36 (e).
(Subd D amended effective July 1, 2024; previously adopted effective January 1, 2022.)

Rule 6.21 amended and renumbered effective July 1, 2024; adopted as Rule 6:21 effective

January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 7: CRIMINAL RULES - INFRACTIONS

7.01 Reserved Rule 7.01 repealed and reserved effective July 1, 2020.

7.02 Time and Place Infraction trials will be set on special calendars, to be announced by the Court from time-to-time. Rule 7.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 11:02 effective July 1, 1996; amended July 1, 2000; previously amended and renumbered as Rule 7:02 effective July 1, 2020.

7.03 Scheduling and Bail All defendants requesting a court trial on an infraction charge who do not appear at arraignment must post bail pursuant to Vehicle Code §40519, after which time a date for trial will be set. The requirement to post bail can be waived only by the Court under unusual circumstances where the interests of justice so require. The posting of bail is necessary to guarantee the appearance of the defendant; the posted amount will be applied toward the payment of any fine or assessment prescribed by the Court in the event of conviction. Bail will include all assessments pursuant to Penal Code §1464. If the defendant is found not guilty, all bail paid pursuant to this Rule will be refunded. Rule 7.03 amended and renumbered effective July 1, 2024; previously adopted as Rule 11:03 effective July 1, 1996; amended effective July 1, 2011; previously amended and renumbered as Rule 7.03 effective July 1, 2020.

7.04 Reserved Rule 7.04 renumbered effective July 1, 2024; previously adopted as Rule 11:04 effective July 1, 1996; previously repealed effective July 1, 2009; adopted as Rule 7:04 effective July 1, 2020.

7.05 Continuances No continuance of a trial on an infraction will be permitted unless the party who wants the continuance requests same at least five (5) court days in advance of the scheduled date; no continuance will be granted thereafter, unless required in the interests of justice and/or if good cause is shown. Rule 7.05 renumbered effective July 1, 2024; previously adopted as Rule 11:05 effective July 1, 1996; amended effective July 1, 2000; previously amended and renumbered as Rule 7:05 effective July 1, 2020.

7.06 Traffic School As a means of resolving traffic infraction charges, the Court will permit attendance at a traffic

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school that has been approved by the California Department of Motor Vehicles. Rules of eligibility and procedures for completing traffic school will be established by the Court from time-to-time, and will be made available to the general public by the Clerk of the Criminal Court. Attention is hereby directed to Vehicle Code §§ 41501, 42005, 42007, and 42007.1. Rule 7.07 renumbered effective July 1, 2024; previously adopted as Rule 12.01 effective July 1, 1996; amended effective July 1, 2000; previously amended and renumbered as Rule 7:07 effective July 1, 2020.

7.07 Trials by Declaration

A. Adoption of Procedure for Trial by Declaration
This court adopts the provisions of Vehicle Code §40902, except as may be limited
herein.
(Subd A. amended effective July 1, 2024.)

B. Eligibility
Upon written request, any defendant will be afforded a trial by declaration, as may be
allowed by Vehicle Code §40902. A defendant who requests a trial by declaration will be
required to waive time for speedy trial.

C. Requirement for Posting of Bail
Any person who requests a trial by declaration will be informed by the Clerk of the Court
of the requirement to post bail in the full amount specified by the bail schedule. Failure to
post bail in a timely manner will be deemed to be a withdrawal of the request for trial by
declaration. Thereafter, a person will not be afforded a trial by declaration in that case,
absent an order of the Court on good cause shown.
(Subd C. amended effective July 1, 2024.)

D. Time Limits
A person who has posted bail for a trial by declaration must adhere to the time limits set
by the Clerk of the Court for submission of any required declarations, exhibits, or other
evidence. Failure to submit said evidence in a timely manner will result in a bail
forfeiture without further proceedings.

E. Evidence
Pursuant to Vehicle Code §40902(c), this Court will admit all relevant evidence,
including but not limited to the complaint, citation, police reports, written declaration of
the defendant or any witness, photographs, drawings, diagrams, or other probative
evidence.

Rule 7.07 amended and renumbered effective July 1, 2024; previously adopted as Rule 12.02 effective July 1, 1996; amended effective July 1, 2000; previously amended and renumbered as Rule 7:07 effective July 1, 2020.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

7.08 Trials in Absentia

Pursuant to Vehicle Code section 40903, any person who fails to appear as provided by law shall be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. The court will conduct the trial in absentia and it will be adjudicated on the basis of the notice to appear issued under Vehicle Code section 40500, any business record or receipt, sworn declaration of the arresting officer, or written statement or letter signed by the defendant that is in the file at the time the trial in absentia is conducted.

If the court finds the defendant guilty, the conviction will be reported to the Department of Motor Vehicles and the court will notify the defendant, by first class mail, of the disposition of the case, the amount of imposed fines and fees, and the defendant’s right to request a trial de novo within the time specified in the notice.

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice. A new trial shall be set pursuant to CRC, Rule 4.210(b)(7). If the defendant is found not guilty, fines and fees posted shall be refunded. If the defendant makes no timely request for a trial de novo, no new trial may be held and the case shall be closed. If fines and fees are not paid by the due date, the case will proceed to collections.

Rule 7.08 amended effective January 1, 2025; adopted as Rule 7:08 effective July 1, 2023; amended and renumbered effective July 1, 2024.

7.09 Ability to Pay: Clerk Determinations

A. The clerk of the court may make ability-to-pay determinations as authorized by Government Code section 68645.3(e) when the following criteria have been met:

1. The litigant submits that they receive public benefits, including those listed in

Government Code section 68632(a).

OR

2. The litigant submits that their household income is equal to or below 300% of the federal poverty limit.

B. The clerk of the court shall not modify the reduction rate recommended by the MyCitations online tool consistent with court-established administrative settings for calculating reduction rates.

C. The defendant has the right to a review of the decision by a judicial officer in the trial court if the clerk of the court denies the reduction portion of the request.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

D. Repealed (Subd D. repealed effective January 1, 2025.)

Rule 7.09 amended effective January 1, 2025; adopted effective July 1, 2024.

7.10 Incorporation of Criminal Procedural and Other Rules Local Rules set forth in Chapter 6 of these Rules shall be applicable to infraction cases as follows: 6.01A, B & D, 6.04E, 6.05, 6.06, 6.08, 6.10, 6.16, 6.17 and 6.18. Rule 7.10 renumbered effective July 1, 2024; previously adopted as Rule 7:08 effective July 1, 2020; previously renumbered as Rule 7:09 effective July 1, 2023.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 8: FAMILY LAW RULES

8.01 Organization of Family Law Proceedings

A. Assignment of Family Law Matters
All Family Law matters are assigned to and heard by a judge of the Siskiyou County
Superior Court, or by the commissioner of the Siskiyou County Superior Court pursuant
to Local Rule 2.01.
(Subd A. amended effective July 1, 2024.)

B. Calendaring of Family Law Matters
The following matters are assigned to the Family Law calendar:
1) All matters arising from the Family Code including cases where the
designated child support agency appears on behalf of the County of Siskiyou
or any party;
2) Matters arising from Probate Code §§1500 et seq. (guardianship proceedings);
3) Matters arising from orders to show cause, motions, or trials in actions
brought by the designated child support agency pursuant to the Welfare and
Institutions Code or to Family Code §§17000 et seq.;
4) Adoption matters, whether heard in camera or in a closed courtroom;
5) Post-judgment matters involving omitted or reserved property issues in
dissolution actions; and
6) Non-marital property right actions that have been consolidated for trial with
Family Code or Uniform Parentage Act actions, except for property rights
actions in which a jury trial has been demanded.
(Subd B. amended effective July 1, 2024.)

C. Use of Judicial Council Forms; Proofs of Service; And Family Code Section
10006
1) Except for the initial Petition or Complaint and any Order to Show Cause
in a matter governed by these Rules, any document filed with the Court
must be accompanied by a proof of service of that document; and the
proof of service must be in compliance with Code of Civil Procedure
§1013(a).
2) These Rules constitute the protocol of this Court, adopted pursuant to
Family Code§10006, wherein all litigants shall have ultimate access to a
hearing before the Court.
(Subd C. amended effective July 1, 2024.)

D. Application of Chapters One Through Five (The “Civil Rules”) to Family
Law Matters

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Except where otherwise specifically stated, Chapters One through Five of these Local Rules apply to all proceedings under this Chapter Eight. (Subd D. amended effective July 1, 2024.)

Rule 8.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:01 July 1, 1996; amended effective July 1, 2013 and January 1, 2019 previously renumbered as Rule 8:01 effective January 1, 2022.

8.02 Family Law Motions, Orders to Show Cause, and Requests for Orders

A. Calendars for Family Law Motions and Orders to Show Cause
1) Date and Time. The law & motion calendar for Family Law cases is held
weekly on Wednesday.
2) Time Limit. If after the calendar call, the moving or responding party
contends the hearing will require more than fifteen minutes, the court may
set the matter for testimony on the next available long cause calendar.
(Subd A. amended effective July 1, 2024.)

B. Remote/Telephonic Appearance:

See Local Rule 2.22

(Subd B. amended effective July 1, 2024.)

C. Requests for Ex Parte Orders Pending Hearing
Ex parte motions must be made and conducted as set forth in Chapter Three of
these Rules and will be calendared in the Family Law Department.
1) For ex parte matters made pursuant to the Family Code, the form
“Declaration Re Ex Parte Notice” (Appendix “3”) must be completed by
counsel or self- represented party and submitted with the ex parte
application.
Paragraph 1) amended effective July 1, 2024.
2) Orders will be issued ex parte only if the application is accompanied by an
affidavit or declaration adequate to support its issuance under Family Code
§6300 and Code of Civil Procedure §527. If the affidavit or declaration
does not contain a sufficient factual basis for a requested order, it will not
be granted. Counsel will not be permitted to augment affidavits or written
declarations by verbal statements.
(Subd C. amended effective July 1, 2024.)

D. Meet and Confer Requirements; Exchange of Documents; Stipulations
1) Prior to any hearing, counsel and the parties must meet and confer in good
faith, in an effort to resolve all issues. While conferring, or prior thereto,

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litigants must exchange all documentary evidence that is to be relied on for proof of any material fact. Failure to meet and confer or to exchange documents in a timely manner may result in the matter being dropped from the calendar or continued, and the Court may order other appropriate sanctions, including monetary sanctions. At the hearing, the attorneys for the parties must advise the Court as to what issues have been settled by agreement and what issues remain contested. (Paragraph 1) amended effective July 1, 2024.) 2) All stipulations must be in writing and submitted to the Court prior to or at the calendar call on the date set for hearing. (Paragraph 2) amended effective July 1, 2024.) (Subd D. amended effective July 1, 2024.)

E. Continuances
The Court looks with disfavor on requests for continuances, unless good cause is shown.

F. Calendar Call

1) Non-Appearance by a Moving Party. If the moving party or counsel is not
present when the calendar is called, the matter ordinarily will be ordered off
calendar unless the responding party has requested affirmative relief.
2) Non-Appearance of Responding Party; and Requirement and Effect of
Proof of Service. If a responding party fails to appear at a hearing, the
moving party must immediately submit proof of timely service to the
Court; if proof of service is not produced but the moving party alleges that
timely service has been accomplished, the matter may be continued to
allow submission of proof of service. Where a valid proof of service is
provided, the Court will hear the matter.

G. Declarations and Testimony at the Hearing
Parties must be prepared to present their positions based upon pleadings, declarations,
offers of proof and, where relevant and appropriate, competent testimony (Family Code §
217). The Court will consider all declarations to have been received in evidence at the
hearing, subject to legal objection and cross-examination where appropriate. [Reifler v.
Superior Court, (1974) 39 Cal. App.3d 479.]

Rule 8.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 14.02 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:03 effective January 1, 2022.

8.03 Family Law Discovery Parties are encouraged to participate in informal discovery as a means of conserving their financial resources. In appropriate cases, upon the Court’s own motion or upon a request from either party, the Court may adopt a discovery plan that is tailored to the issues of the case and to

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the financial resources of the parties. (Note: discovery in Family Law matters is governed, in general, by the Code of Civil Procedure; expert witness disclosures are governed specifically by CCP 2034.210 et seq.) Renumbered as Rule 8.03 effective January 1, 2022; originally adopted as Rule 14.03 effective July 1, 2013.

8.04 Rules Applicable to All Financial, Child Support, and Spousal Support Issues

A. In General

Local Rule 8.05 applies to any Family Law proceeding where a financial matter is at issue. “Financial matter” as used herein includes any request for child support, for spousal or family support, or for attorney’s fees and costs. Parties must disclose to each other and to the Court all relevant financial information, in a timely and complete manner, whenever a financial matter is at issue. The Court may impose sanctions, including monetary sanctions, for failure to comply with this Rule. (Subd A. amended effective January 1, 2022.)

B. Income and Expense Declaration; Additional Financial Information
1) Income & Expense Declarations Must be Current. A complete, updated
Income and Expense Declaration must be filed whenever a financial matter
is at issue.
2) Reserved.
3) Requirement of an Additional Factual Declaration When a Party is
Unemployed. If a party is unemployed, that party must submit a
declaration describing his or her previous employment, gross/net income
earned when employed, and reasons for termination; it also must describe
the party’s current efforts to obtain employment.

C. Filing Tax Returns with the Court
Any tax return to be filed with the Court, whether it is the tax return of the person filing it
or the tax return of any other person, must be attached to a separate declaration that
identifies the tax return(s) being submitted and that is conspicuously marked:

“CONFIDENTIAL TAX RETURN”.

D. Minimum Time Processing Standards for Local Child Support Agency

The minimum time processing standards for all documents filed with the court by DCSS
shall not exceed either: (1) ten (10) working days of filing or (2) immediately, upon
request for a specific filing in exceptional circumstances with adequate notice to the court
with a showing of urgency. This rule is adopted to comply with the provisions of Judicial
Council Standard Agreement, Contract No. 1030653 with the Superior Court of
California, County of Siskiyou.

E. Processing Timeframes for Moving Papers filed by Local Child Support

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Agency

Motions, Orders to Show Cause, or Requests for Orders filed by DCSS requiring the setting of a hearing date, shall have a calendar date for that hearing assigned by the clerk within three (3) to five (5) court days of the date of filing such moving papers. This rule is adopted to comply with 42 USC §666(a)(2), 45 CFR §303.4 and Family Code §17400(c). (Subd E. adopted January 1, 2016.)

Rule 8.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:04 effective July 1, 1996; amended effective July 1, 2013, July 1, 2015, January 1, 2016, and January 1, 2019; previously amended and renumbered as Rule 8:04 effective January 1, 2022.

8.05 Procedures and Policies for Resolution of Custody and Visitation Issues

A. Counseling for Child Custody Issues 1) Introduction. The Court’s Child Custody Recommending Counselor (“CCR Counselor”), in conjunction with the Court, assists in resolving contested issues concerning children. To that end, the CCR Counselor provides counseling for custody and visitation disputes known as “child custody recommending counseling (“CCRC”) and conducts limited evaluations to support recommendations to the Court regarding child custody and visitation issues. Court-ordered CCRC is required prior to a contested hearing. 2) Procedures Following Child Custody Recommendation Counseling (a) Agreement Reached. In those cases where the CCRC results in an agreement, the CCR Counselor may assist the parties in submitting an agreement to the Court so that it may be adopted as the formal court order (including any agreement that the court hearing date may be vacated). Alternately, the CCR Counselor will report the terms of the agreement to the Court, which may then adopt those terms as its order. The Court will then direct one of the parties to prepare a formal order to be filed with the Court and then served on the other parties. (b) No Agreement Reached. In those cases where CCRC does not result in an agreement, the CCR Counselor may discuss other options with the parties, including further counseling, direct interviews of the minors by the CCR Counselor, or agreement to a temporary parenting plan with review counseling and a subsequent court hearing. The CCR Counselor may also conduct a limited evaluation and provide further information with a recommendation to the Court, which may then adopt these recommendations as its order. Should the parties continue to contest custody and visitation issues, the parties may request a full child custody investigation by a child custody evaluator, who has complied with state standards under California Rules of Court 5.225 at the parties’ expense. The

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parties shall coordinate with the child custody evaluator as to fee payment and scheduling. The CCR Counselor will distribute the child custody evaluator’s evaluation to the Court, the parties and their counsel. (c) Counselor’s Report. At the conclusion of CCRC, the CCR Counselor will submit a written report and, optionally, a recommendation to the Court regarding the disputed issues. The original report will be maintained in the Court's file and copies will be provided to the parties and their attorneys.

3) Contested Hearing. If the parties are unable to settle the dispute through
the CCR Counselor or any child custody evaluator, the matter may be
referred back to the Court. The Court may then provide further directions
including, but not limited to, the setting of a trial date for contested
custody and/or visitation issues. [Reserved.] Revised 7-1-2015.
4) Participation Of Attorneys in the Child Custody Recommending
Counseling Process; Non-Resident Participants
(a) Meet And Confer Requirement. Prior to the CCRC, counsel should
"meet and confer" in an effort to resolve child custody and
visitation disputes. Counsel should discuss and agree upon the
issues to be discussed in the CCRC process.
(b) Participation Of Counsel In CCRC sessions. Attorneys may not
attend the counseling sessions.
(c) [Reserved.]
(d) Nonresident Participants. If one of the parties to the CCRC is not a
resident of Siskiyou County or is not available for any other reason,
that party may request a remote/telephonic session with the CCR
Counselor. Please see Local Rule 2.22 regarding remote
appearances.
5) Required Disclosures; Testimony by a CCR Counselor
(a) If it is alleged that a child is "at risk" by virtue of abuse or neglect,
the CCR Counselor is required by law to report the allegation to
Adult and Children's Services. A CCR Counselor must also
disclose the existence of threats of death or bodily harm. [Tarasoff
v. Board of Regents, (1976) 17 Cal.3d 425.]
(b) The CCR Counselor may be cross-examined; and the CCR
Counselor may make recommendations to the Court during
testimony.
6) Involvement of Children in the Process
(a) It is the general position of this Court that attorneys representing
the parents should not interview the child(ren) involved in the
proceeding, and should not interview or elicit information from a
child's therapist, except upon the Court’s order.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

(b) [Reserved.]
(c) Children must not be brought to counseling sessions. If parents
wish a child to be seen, their reasons should be discussed with the
CCR Counselor. The CCR Counselor is entitled to interview a
subject child where the CCR Counselor considers the interview
appropriate or necessary pursuant to Family Code §3180.
(d) When the CCR Counselor conducts an interview with a subject
child, the CCR Counselor will explain to the child that the matters
discussed during the interview are not confidential.
(e) The CCR Counselor’s interview of a child may be conducted either
privately or in the presence of a parent, at the CCR Counselor’s
discretion. Siblings may be interviewed together or separately, also
at the CCR Counselor’s discretion.

7) Court-Appointed Counsel for the Child. The Court may authorize an
attorney for the child appointed pursuant to Family Code § 3150 to
communicate directly with the CCR Counselor. When the Court appoints
counsel for the minor, counsel may expect to receive a reasonable sum for
compensation and expenses. The Court has discretion to order parents to
share costs of appointed counsel, or counsel will be compensated at the
Court’s appointed-counsel rate.
8) Disputed Paternity. If paternity is disputed, the issue need not be resolved
by the Court prior to CCRC. The Court may make a pendente lite order
granting visitation to a non-custodial parent absent the tests authorized by
Family Code section 7541, upon finding that a grant of such visitation
rights would be in the best interests of the child. [Family Code section
7604.]
9) Non-English-Speaking Parents. The Court generally does provide
interpreters for CCRC unless the non-English-speaking parent is
accompanied by a neutral individual who is fluent in both English and the
party's native language. The CCRC and both of the parties must agree to
any neutral individual interpreter. A request for an interpreter must be
made 5 days before the scheduled counseling session.
10) Disclosure of Juvenile Court Proceedings. Neither counsel nor parties may
bring an action for custody or visitation in the Family Law Department
without disclosing to the Court the status of any prior or pending Juvenile
Court proceedings. [Comment: prior consideration by a Family Law
Court of the custody of a minor cannot deprive the Juvenile Court of
jurisdiction to make orders to protect the minor. [In Re Benjamin D.
(1991) 227 Cal.App.3d 1464.]
11) Investigation by Adult and Children's Services. When the Family Law
Court has reason to believe that an investigation by Adult and Children’s
Services (or the equivalent agency in another jurisdiction) is pending, no
permanent custody order will be made until the Court is satisfied that

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either (1) no such agency’s investigation is pending, or (2) the agency’s investigation is completed and the findings are made known to the Court.

If a family was previously involved with Siskiyou County Adult and
Children's Services (or an equivalent agency in another jurisdiction), the
fact of that involvement must be disclosed to the Court by the party or
parties who had such involvement. Siskiyou County Adult and Children’s
Services (or an equivalent agency in another jurisdiction) may verbally
inform the Family Law Court of a family’s prior involvement if the agency
is aware that the FamilyLaw proceedings regarding a family with said
prior involvement are currently ongoing. The disposition of that
investigation or the nature of the agency’s involvement must be verbally
disclosed to the Court by the agency if that information is available. The
Court may implement communication protocols with these agencies for
the timely sharing of information relevant to the family in question. In
doing so, the Court will give great weight to confidentiality issues and to
due process considerations.

12) Medical, Psychological, or Educational Reports. Medical, psychological,
educational or other types of reports concerning a child must not be
attached to motions, but must be provided to the Court or CCR Counselor
as may be ordered. Information not provided to the CCR Counselor that is
intended by a party to be filed with the Court must be served on the other
party or parties in accordance with applicable provisions of law and the
Local Rules, but in no event less than five (5) days before a scheduled
hearing.
13) Grievance Policy and Peremptory Challenge Policy

The procedure outlined herein is intended to respond to general problems
relatingto CCRC and to requests for a change of the CCR Counselor
pursuant to Family Code §3163.

Anyone with a complaint about his or her experience with a CCR Counselor is encouraged to first raise that concern with the individual involved and to seek direct resolution of the problem. Requests for a change of CCR Counselor or complaints may be made to the Court’s Executive Officer. If a party wishes to file a formal complaint, a client complaint form can be obtained, upon request, from the Court’s Executive Officer. The completed complaint form must be submitted to the Court’s Executive Officer. The Court’s Executive Officer will review and investigate and make any recommendations to the judge assigned to the Family Law Department. No peremptory challenges of the CCR Counselor will be permitted.

14) Inquiries Concerning Counseling; Availability of Local Court Rules.
When the CCR Counselor receives an inquiry regarding the policies and

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procedures relating to mediation or evaluations, the CCR Counselor will inform the inquiring individual of the policies and procedures provided by these Local Rules of Court. The CCR Counselor will maintain a copy of these Rules for public reference. Copies of the Local Rules may be purchased from the Civil Law Clerk. Rule 8.05 renumbered effective July 1, 2024; previously adopted as Rule 14:05 effective July 1, 1996, amended effective July 1, 2013, July 1, 2015, January 1, 2019, and January 1, 2020; previously amended and renumbered as Rule 8:05 effective January 1, 2022; amended effective July 1, 2023.

8.06 Contested Trials

A. Requirement: Resolution of Custody and Visitation Issues Before Trial of
Other Issues
Ongoing custody and visitation orders in any pending action must be obtained before any
remaining issues will be set for trial, except when the Court, for good cause shown,
excuses compliance with this requirement or bifurcates the issue.
(Subd A. amended effective July 1, 2024.)

B. Custody Agreements
If the parties agree on terms for custody and visitation of a minor child or children, they
must file, not less than three (3) court days before the hearing or trial, a written agreement
setting forth in detail their plans for implementation of the agreement after its terms have
been ordered.

C. Family Centered Case Resolution

As provided in the Family Code, every Family Law case initiated will be subject to Court
supervision pursuant to the Court’s Family Centered Case Resolution procedures.

D. Trials, Mandatory Settlement Conferences and Case Management
1) Assignment of cases. Cases are assigned an initial case management date
180 days after filing the petition. Cases are thereafter assigned further case
management, settlement conferences and trials from the case management
calendar as needed to provide timely resolution of pending disputes.
2) Relief from Rules; Sanctions for Non-Compliance. Relief from the
operation of these Rules relating to contested trials may be obtained in
appropriate cases, but only on motion and for good cause shown. Either
side may move to strike the at-issue memorandum, the trial documents, or
the statement of issues, upon the ground that such document was not
prepared and filed in good faith but, instead, is being utilized as a means
of avoiding the operation of these Rules. Sanctions against the offending
side may be ordered as permitted by law. [CRC Rule 2.30; CCP §575.2.]

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

3) Trial Documents. Prior to setting a settlement conference or trial date, the
parties are required to have complied with preliminary disclosure pursuant
to Family Code 2102, 2103, 2104, 2105, 2106.

E. Statement of Issues, Contentions, and Proposed Disposition of The Case

When a matter is set for a contested trial, both parties must file and serve a “Statement of
Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the
“statement of issues”) at least ten (10) days prior to the trial date or at least two (2) days
prior to a Settlement Conference.
(Subd E. amended effective July 1, 2024.)

F. Trial Brief & Memorandum of Points & Authorities
Trial briefs and memoranda of points & authorities are not required. If utilized, however,
those documents must be served and filed at least five (5) court days prior to the trial.

G. List of Exhibits
A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of
trial. At least five (5) court days prior to trial, the parties must exchange legible copies of
any and all exhibits that each party reasonably anticipates will be introduced at trial. Only
disclosed exhibits may be offered at trial, except for good cause shown. The parties are
encouraged to have their exhibits pre-marked by the Clerk.
(Subd G. amended effective July 1, 2024.)

H. Guidelines Applicable to the Valuation of the Community’s Personal
Property
1) Motor Vehicles. If there is a dispute as to the value of a motor vehicle, the
value generally will be fixed at the mid-point between the high and low
value shown in the Kelly Blue Book, unless the circumstances show that a
different valuation should be made. Copies of the appropriate pages of the
Blue Book relied upon by counsel must be attached to the statement of
issues or response thereto, and must include an indication of the year and
volume of the relied- upon Blue Book. Alternatively, a print out from the
Kelly Blue Book website may be provided. Such print out must include
the year, make, model, mileage, condition, and options included in the
valuation.
2) Furniture, Furnishings and Tools. With regard to valuation of normal
furniture, furnishings, and tools, the age of the items is much more
important than initial purchase price or the replacement cost. The test is
the fair market value of the items as of the date of trial.
3) Unusual Items. When there are subject assets of an unusual nature such as
oriental rugs, antiques, custom or rare jewelry, works of art, and
handcrafted items, then the parties should endeavor to agree upon a

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qualified appraiser for such items, and to agree and stipulate that the report of the appraiser will be admitted into evidence without the necessity of the appraiser’s personal appearance at trial. (Subd H. amended effective July 1, 2024.)

I. Alternate Valuation Date (Date Other Than Trial)
A party who seeks a valuation date for community property that is not the date of trial
must serve and file, at least thirty (30) calendar days before the trial date, a notice of
motion for alternate valuation date pursuant to Family Code §2552(b).

J. Continuance of Trial
Continuances of trial dates are subject to the Local Civil Rules relating to the
continuances of civil trials. Any continuance so granted may be subject to rescheduling
by the Court of any settlement or other pre-trial conference, and to the requirement of an
updated statement of issues and contentions, to be filed and served prior to the new trial
date in accordance with these Rules.
(Subd J. amended effective July 1, 2024.)

Rule 8.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:06 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:06 effective January 1, 2022; amended effective July 1, 2023.

8.07 Judgments by Default; and Uncontested Dissolutions

A. Default Judgments 1) Special Requirement for Default Judgment of Nullity. After the default has been entered by the clerk, the petitioner must file a "Declaration in Support of Nullity". The contents of this declaration must set forth the facts that support a finding of fraud, prior existing marriage, unsound mind, force, physical incapacity, petitioner's incapacity by age at time of marriage, or other grounds for nullity [Family Code §2210.]. Where the contents of the declaration are insufficient to establish grounds, the Court may set, and require the petitioner to attend, a prove-up hearing on the petition for nullity. (Paragraph 1) amended effective July 1, 2024.) 2) Special Requirements: Default Judgment for Dissolution or Legal Separation. After default of the respondent has been entered, the petitioner must file a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation. A party may not request orders in the judgment beyond the relief requested in the petition, except that if there are minor children, the Court will have and retain jurisdiction to order child support whether or not it was so requested. [Family Code §4001.] A default judgment with a settlement agreement attached is required to conform with Family Code §

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

2338.5, requiring a defaulting spouse’s notarized signature.
(Paragraph 2) amended effective July 1, 2024.)
3) Income and Expense Declaration. A fully-completed form income and
expense declaration must be submitted where any one of the following
orders is requested in a default proceeding: child support or waiver of
child support; spousal support (except where a party reserves the Court's
jurisdiction to award spousal support in the future); waiver or termination
of spousal support in a long-term marriage (ten (10) years or more
between the date of marriage and the date of separation); family support;
or attorney's fees or costs. The declaration shall include the submitting
party's best estimate of the other party's income.
(Paragraph 3) amended effective July 1, 2024.)
4) Property Declaration. If there are assets and/or debts to be disposed of by
the Court in a default proceeding, the petitioner must submit a completed
property declaration, consistent with the requests made in the petition,
which sets out the proposed division of the assets and/or debts; the
petitioner must also file a proof of service of the disclosure declaration.
[Family Code §2106.]

B. Form of the Proposed Default Judgment
The party requesting a default judgment, or the party’s attorney, must prepare the formal
judgment and when a default judgment includes a marital settlement agreement or
stipulated judgment, the signature of the spouse who defaulted must be notarized. All
proposed provisions relating to child custody, visitation, child support, attorney's fees and
costs, property, and injunctive orders must be set forth in the formal judgment, either by
attaching and incorporating a copy of the parties’ marital settlement agreement
addressing these issues, or by attaching continuation pages containing the orders the party
has requested.
1) Order Reserving the Court's Jurisdiction to Award Child Support. A
reservation of jurisdiction over the issue of child support must be stated in
substantially the following language: "The Court reserves jurisdiction to
award child support without prejudice to any action brought by the
designated Child Support Agency."
(Paragraph 1) amended effective July 1, 2024.)
2) Child Support Orders Where Custodial Parent is Receiving Temporary
Assistance to Needy Families. When a party wishes to obtain a child
support order by default and the custodial parent receives Temporary
Assistance to Needy Families (“TANF”), the designated child support
agency must be served by mail with notice of the request. All such orders
for child support must specify that payments will be made to the
designated support agency.

(Paragraph 2) amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

3) Spousal Support Orders. If the petitioner requests spousal support, he or
she must address the issue of spousal support for both parties in the
proposed judgment. All orders for spousal support must state the amount
of support, the dates payable, and, unless there is an agreement to the
contrary, that support will terminate on the death of either party or on
remarriage of the supported party. A marriage of ten (10) or more years is
presumptively a long-term marriage. In a long-term marriage, the
petitioner may not automatically waive the right to receive spousal
support, or terminate the respondent's right, absent a showing of an ability
of the party to support him- or herself.
4) Property Orders. All real property referred to in the judgment must be
identified therein by its complete legal description and common address.
5) Attorney's Fee Orders. Any request for an award of attorney's fees in an
amount greater than $1,000.00 must be supported by a factual declaration
indicating the amount of time the attorney spent on the case and the
attorney's hourly rate. Alternatively, the matter may be set for an
uncontested hearing on this issue.
6) Restraining Orders. Any and all restraining orders must be stated in the
body of the judgment and must include the date of expiration.
7) Termination of Marital Status. The marital status for all dissolutions will
terminate no less than six (6) months and one (1) day from the date the
Court acquired jurisdiction over the respondent (or the next court day
where said date falls on a court holiday or weekend). If a judgment is not
presented for the Court’s approval until after the six months has lapsed,
marital status will terminate upon entry of judgment. (Note: proposed
judgments for legal separation must not state a termination date.)
(Paragraph 7) amended effective July 1, 2024.)

8) Notice of Entry of Judgment. The petitioner must submit, together with the
proposed judgment and any forms required above, an original and two
copies of the form “Notice of Entry of Judgment” [Judicial Council Form
FL-190]. The petitioner must also submit two (2) first-class postage
prepaid envelopes, addressed to the parties as listed on the notice of entry
of judgment.
(Paragraph 8) amended effective July 1, 2024.)

(Subd B. amended effective July 1, 2024.)

Rule 8.07 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:07 effective July 1, 1996; amended effective January 1, 2013, July 1, 2015, and January 1, 2019; previously renumbered as Rule 8:07 effective January 1, 2022.

8.08 Uncontested Judgments Pursuant to Stipulation

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

A. Approval or Incorporation of Property Settlement Agreement

No property settlement agreement will be approved by the Court or incorporated by
reference in an uncontested judgment unless all of the following requirements are
satisfied:
1) Agreement. 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, if any, provides that the agreement may be
presented for Court approval and incorporation; or both parties and their
respective attorneys, if any, have endorsed their approval of the agreement
on the stipulation for judgment.
2) Signatures of Parties. The agreement has been signed by the parties.
3) Signature by Counsel; Acknowledgment of Party if Self-Represented
(a) If both parties are represented by counsel, the agreement has been
signed by both attorneys;
(b) If only one party is represented by counsel, the attorney for that
party has signed the agreement and the self-represented party has
signed a statement that he or she has been advised to consult an
attorney regarding the agreement, but has declined to do so;
(c) If neither party is represented by counsel, any party who has not
appeared before the Court has acknowledged in the agreement that
he or she is aware of the right to consult an attorney.
4) Service of Disclosure Declarations. Proofs of service of the disclosure
declarations required by Family Code §2105 have been filed.
(Subd A. amended effective July 1, 2024.)
B. Requirement of an “Appearance, Stipulation and Waivers” Form

1) An uncontested judgment may be obtained only upon the filing of a form
“Appearance, Stipulation and Waivers” [Judicial Council Form FL-130],
or its equivalent.
2) If the respondent has not previously appeared and paid an appearance fee,
the first appearance fee is due with the filing of the “Appearance, Stipulation
and Waiver”, unless the appearance fee is waived.
3) The moving party must also file a completed form “Declaration for Default
or Uncontested Dissolution” [Judicial Council Form FL-170]. [Family Code
§2336.]

(Subd B. amended effective July 1, 2024.)

C. Stipulated Nullity Judgments

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Stipulated judgments for nullity of marriage may be signed by the Court without a
hearing when the stipulation or an accompanying declaration contains facts supporting
the grounds for nullity. [Family Code §2210.] Stipulated nullity judgments must be
presented to the clerk of the Family Law Department along with the judgment for nullity,
three copies of the notice of entry of judgment, and properly addressed stamped
envelopes.

D. Income and Expense Declaration

The Court may require an Income And Expense Declaration where the marriage is of
long duration (defined as ten (10) or more years), and the stipulated judgment or marital
settlement agreement contains a waiver of spousal support.
(Subd D. amended effective July 1, 2024.)

E. Proposed Judgment
1) Stipulated Orders for Child and/or Family Support. In addition to any
marital settlement agreement or stipulated judgment, the parties must
complete and attach to the proposed judgment a form "Stipulation to
Establish or Modify Child or Family Support and Order" [Judicial Council
Form FL- 350], or its equivalent. If one of the parties has assigned the
right to collect support to the designated child support agency, then a
representative thereof must sign the stipulation to establish or modify a
child or family support order, and the order for child support must specify
that payment is to be made to the designated agency.

2) Incorporation of the Marital Settlement Agreement. Where parties intend
that the terms of the marital settlement agreement will become the terms
of the judgment, the marital settlement agreement must be incorporated
into the judgment. Parties are encouraged to state on the face of the
judgment the following: "The attached marital settlement agreement is
incorporated herein and made a part of this judgment. The parties are
hereby ordered to comply with its directory terms."

F. Notice of Entry of Judgment

The moving party must submit, together with the proposed judgment and any forms
required above, an original and two (2) copies of the form “Notice of Entry of Judgment”
[Judicial Council Form FL-190]. Petitioner must also submit two (2) first-class
envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of
judgment.
(Subd F. amended effective July 1, 2024.)

Rule 8.08 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:08 July 1, 1996; amended effective January 1, 2007, July 1, 2015, and January 1, 2019; previously renumbered as Rule 8:08 effective January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

8.09 Reserved Previously adopted as Rule 14:09 effective July 1, 1996; repealed and reserved effective January 1, 2007; previously renumbered as Rule 8:09 effective January 1, 2022.

8.10 Facilitator and Self-Help Clinic

A. Appointment; Authority for Duties and Conduct

The Court has appointed a Facilitator pursuant to Family Code §10000, et seq., “The
Family Law Facilitator Act”. The Facilitator’s duties and conduct are governed by the
Family Law Facilitator Act. The Facilitator manages the Self-Help Clinic(s), pursuant to
the Court’s Mission Statement for the Self-Help Clinic. Users of the Self-Help Clinic are
not charged for Facilitator services. There may be nominal costs charged for copying
documents.
(Subd A. amended effective July 1, 2024.)

B. Additional Duties Designated by the Court

In addition to the services provided by the Facilitator pursuant to Family Code §10004,
the Court designates the additional duties prescribed by Family Code §10005, which may
be implemented by the Court Facilitator at the direction of the Court Executive Officer,
upon the Executive Officer’s determination that funding is available, without further
notice.

C. Further Additional Duties

If staff and other resources are available, and the duties listed in Local Rule
14.10.B have been accomplished, the duties of the Facilitator may also include the
following:
1) Assisting the Court with research and any other responsibilities that will
enable the Court to be responsive to the litigants' needs.
2) Developing programs for the Bar and community outreach through day
and evening programs, videotapes, and other innovative means that will
assist self- represented and financially disadvantaged litigants in gaining
meaningful access to Family Court.

D. Duties Beyond the Scope of Family Code Section 10000
To the extent that local court budget is provided for the purpose and to assist the court
with research or other responsibilities that will enable the Court to be responsive to
litigants’ needs, the Facilitator may assist parties in matters not specifically designated in
Family Code §10000, et seq., including but not limited to: legal assistance or
investigations with all matters arising out of the Family Code, Probate Code and Section

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

300 of the Welfare and Institutions Code; mediation services; and service as a judge pro
tempore. Additional types of service may be added at the direction of the local court
administrator without further notice.
(Subd D. amended effective July 1, 2024.)

E. Family Law Facilitator Complaint Resolution
Pursuant to California Rule of Court, Rule 5.430(g), any person who wishes to make a
complaint or objection regarding the performance of the Family Law Facilitator shall
make such a complaint in writing and shall file it with the Court Executive Officer within
sixty (60) days of the last event leading to the complaint. This procedure applies only to
those persons who have actually utilized the services of the Family Law Facilitator. The
Court Executive Officer shall, in their discretion, investigate the merits of the complaint
and shall take such action as they deem appropriate. The Court Executive Officer shall
inform the complaining party that action has or has not been taken. The Court Executive
Officer shall take such other action as the Court Executive Officer deems appropriate.
(Subd E. amended effective July 1, 2024.)

Rule 8.10 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:10 January 1, 1998; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:10 effective January 1, 2022.

8.11 Adoptions

A. Stepparent Adoptions Pursuant to Family Code §9000; and Proceedings Under Family Code §7800 (Freedom From Parental Custody And Control) 1) Necessity of Consent. If a petition for a stepparent adoption is filed under Family Code §9000 without an order under Family Code §7800 having first been obtained, then a special hearing, entitled a "necessity of consent" hearing, will be conducted before the petition for adoption is considered. 2) Notification of the Child Custody Counselor. The Clerk of the Court will immediately notify the Child Custody Counselor of the filing of the petition, who will report the circumstances to the Court as provided in Family Code §7850. 3) Citation. A citation will be issued upon the filing of the petition, and must be served on the persons and in the manner described in Family Code §7880. The citation must require the persons served to show cause, if any, why the Court should not find that the minor has been abandoned, and why the consent of the named parent to the proposed adoption is unnecessary. A form of citation that is permissible for use in this Court is attached hereto as Appendix 7 of these Rules. Paragraph 3) amended effective July 1, 2024. 4) Hearing Date. The hearing date will be on the regular family law calendar, and the date selected must be within forty-five (45) calendar days of the filing of the petition. No adoption under Family Code §9000 will be

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approved until such hearing has been accomplished. 5) Supplemental Local Rule. A proceeding initiated pursuant to this Local Rule is in addition to that required by Family Code §9000. (Subd A. amended effective January 1, 2024.)

B. Adoption Where Alleged Natural Father Not Found
If it is claimed that an alleged natural father is unidentifiable or cannot be found for
service, the petitioner must file a petition and serve notice of the proceedings pursuant to
Family Code §7666 and §7667, and the Clerk of the Court will set a hearing on the
regular adoptions calendar, for determination as to whether or not the father is
unidentifiable, and as to whether or not the Court may dispense with notice to any alleged
natural father. The petitioner must appear and present evidence at the hearing.

C. Release of Adoption Files
The procedure for release of information that may be contained in this Court’s files and
that relates to adoptions is as set forth in Appendix 5. Only the forms set forth in
Appendix 5 may be used in making requests for release of such information. These forms
may not be used to request the release of information held by other courts or agencies.
(Subd C. amended effective July 1, 2024.)

Rule 8.11 amended and renumbered effective July 1, 2024; previously adopted as Rule 14.11 effective July 1, 1996; amended effective July 1, 2004, July 1, 2015; and January 1, 2019; previously renumbered as Rule 8:11 effective January 1, 2022.

8.12 Sanctions

Failure to comply with a Local Rule or California Rule of Court may subject the non- complying party or attorney to sanctions, including monetary sanctions, pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §§ 128.5, 128.7, 177.5 and/or 575.2, and/or Family Code §271. Rule 8.12 renumbered effective July 1, 2024; previously adopted as Rule 14.12 effective January 1, 2007; previously renumbered as Rule 8:12 effective January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 9: PROBATE RULES

9.01 Caption of Probate Documents If a probate pleading or other probate document is not filed on a Judicial Council form, the caption must include a reference to the statutory provision under which the matter is filed. If, in the pending proceeding, any part of an estate is to be distributed to a trust, the caption of the pleading must so indicate. Rule 9.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 15.01 effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:01 effective January 1, 2022.

9.02 Settings and Assignments; Continuances

A. Settings and Assignments
1) At the time of its filing, every pleading that requires a hearing will be set
on the regular calendar for that type of proceeding. Because the day and
hour reserved for these calendars may change from time-to-time, counsel
are advised to consult the clerk before requesting a specific setting.
2) The attorney or self-represented party who files the pleading may select
the initial hearing date, as long as the setting permits sufficient time for
service of appropriate notice.
3) Any request for an earlier setting than would normally be allowed must be
presented to the Court pursuant to the Local Rules governing orders
shortening time. Note: mere convenience or inconvenience of counsel is
insufficient justification for such request.

(Subd A. amended effective July 1, 2024.)

B. Continuances
1) On the call of the calendar, any regularly-set matter that is found to be “not
ready for hearing” will be continued until a future date, to be determined at
the Court’s discretion. A matter is considered to be not ready if the
pleading, notice of hearing, or documents purporting to cure discrepancies
therein are not filed by the hearing date. If the matter is not ready by the
time of any second continuance, it may be ordered off-calendar or denied
without prejudice, unless an application for a further continuance, made
upon the personal appearance in court of counsel or self-represented party
is granted.
2) If a proceeding has been properly noticed for its initial hearing, new notice
is not required for any continuance unless the Court specifically orders
such notice.
3) If an oral objection to any pleading is presented to the Court at the hearing

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thereon, the Court may continue the matter to allow for the filing of written objections, and for giving notice thereof to the petitioner. Unless otherwise ordered, the Court will not consider an objection unless it is in writing, and is filed and served at least ten (10) days prior to the date of the continued hearing. Rule 9.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:02 effective July 1, 1996; amended effective July 1, 2011; previously renumbered as Rule 9:02 effective January 1, 2022.

9.03 Filing of Documents; and Review Prior to Hearing

Except for good cause, all documents in support of a pleading must be filed with the clerk of the Court no later than five (5) court days before the calendared hearing thereon. This Rule applies, but is not limited to, affidavits of publication, proofs of subscribing witnesses, waivers of account, receipts, inventories, reappraisals for sale, agreements for in-kind distributions, proposed orders, and similar papers. At the Court’s discretion, documents that are not filed in a timely manner may not be considered before or during the hearing; and the matter may be continued, denied without prejudice, or ordered off calendar. Rule 9.03 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:03 July 1, 1996; amended effective July 1, 2009, amended effective January 1, 2019; renumbered as Rule 9:03 effective January 1, 2022; amended effective July 1, 2022.

9.04 Reserved Rule 9.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:04 effective July 1, 1996; reserved effective July 1, 2009; previously renumbered as Rule 9:04 effective January 1, 2022.

9.05 General Notice Requirements

A. Notices Generally
These Rules do not increase or reduce the statutory notice requirements with respect to
probate matters brought before the Court.

B. Burden of Proving Proper Notice
It is the responsibility of the petitioner or his or her attorney, and not the responsibility of
the Court Clerk, to give notice of any proceeding requiring notice, or cause it to be given;
and also to file the proper proof of service of such notice.
(Subd B. amended effective July 1, 2024.)

C. Service of the Petition in Addition to Notice
When notice of any petition or other application is served on a person requesting special
notice, or if the petition is for approval of the accounting of a testamentary trustee, then a
complete copy of the petition, along with any supporting papers, must be served with

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each notice of hearing. If the fiduciary or attorney is requesting extraordinary fees or compensation (i.e., fees or compensation other than the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties. When service of a copy of the petition is required, the proof of service of notice must also show service of the copy. (Subd C. amended effective July 1, 2024.)

D. Minimum Notice Requirement

When the Probate Code requires that a matter be set for noticed hearing, notice may not
be shortened to less than ten (10) days.

E. Posting of Notice by the Clerk
When posting of notice by the clerk is required, the party who requests the posting must
do so in writing, and must provide the court clerk with an extra copy of the notice.
(Subd E. amended effective July 1, 2024.)

Renumbered Rule 9.05 effective January 1, 2022; originally adopted as Rule 15.05 effective July 1, 1996; amended effective July 1, 2004.

9.06 Probate Orders and Decrees; Ex Parte Applications; Nunc Pro Tunc Correction of Clerical Error

A. Orders and Decrees
1) Form of Orders. Probate orders or decrees must be prepared by counsel or
the self- represented petitioner, unless otherwise ordered by the Court. All
probate orders or decrees must be complete in themselves (i.e., they must
be worded so that their general effect can be determined without reference
to the petition on which they are based). Orders and decrees must set forth
the date of hearing; the Court’s findings; the relief granted; and the names
of persons, and descriptions of property or amounts of money, that are
affected by the order, all with the same particularity as is required of
judgments in civil matters.

Some printed forms of orders or decrees are designed to permit the
attachment of supplemental material; if such form is utilized, attachments
will be permitted if the judicial signature appears at the end of the last
attachment, and the form itself includes the information that the document
is executed at the end of the last attachment.
2) Judicial Signature. The place provided for the judicial signature must
appear at the end of the order or judgment. No attachment, exhibit, or rider
is permitted after the judicial signature.

The signature line must not appear on a page by itself, and pagination of
documents must be adjusted accordingly.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The signature line for the judicial officer must be in the following format:

"Date: Judge/Judge Pro Tempore
Siskiyou County Superior Court”

3) Submitting Proposed Orders. If the parties wish to obtain formal orders on
the date that the matter is calendared for hearing, then the proposed orders
must be submitted to the clerk at least five (5) court days before the
hearing.
4) Orders for Continuing Payments. All proposed orders for continuing
payments must provide that the payments will commence on a date certain
and will continue until a) a date certain or b) for a specified period. The
Court will not make orders that require continuing payments to run “until
further order”.
5) Orders Distributing Estate to Trustee. Orders calling for distribution of
estate assets to the trustee of a testamentary trust must set forth all
provisions of the will or codicil relating to the trust or trustees, in a manner
that will give effect to existing conditions at the time distribution is
ordered. Pertinent provisions must be set forth in the present tense and
third person.

(Subd A. amended effective July 1, 2024.)

B. Ex Parte Applications for Orders
1) In General. Applications for orders may be made ex parte unless a statute
or Rule requires notice; and must be made as set forth in Local Rule 3.03.
2) Form of Order. Except for form petitions and orders approved by the
Judicial Council or this Court, all applications for ex parte orders must be
accompanied by a separate proposed order, complete in itself. It is not
sufficient for such order to provide merely that the application has been
granted.
3) Special Notice. All applications for ex parte orders must contain an
allegation that no special notice has been requested, or an allegation that
any requested special notice has been waived (with identification of the
persons requesting special notice). Any waiver of special notice must be
filed with the application.
4) Sales of Property. Ex parte petitions for orders for sale of stock or
personal property must allege whether or not the property is specifically
devised. If so, the consent of the specific devisee must accompany the
petition.

(Subd C. amended effective July 1, 2024.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

C. Nunc Pro Tunc Correction of Clerical Errors
1) In General. If, through any inadvertence, the minute order or the signed
decree fails to state the order that was actually made by the Court, and
such inadvertence is brought to the attention of the Court by affidavit or
duly- executed declaration pursuant to Code of Civil Procedure §473, then
the Court will, on its own motion, make a nunc pro tunc order correcting
the mistake.
2) Form of The Proposed Nunc Pro Tunc Order. The proposed nunc pro tunc
order must not take the form of an amended order, and must be in
substantially the following form:

"Upon consideration of the affidavit or declaration of [name] to correct a
clerical error, the [identity of the order to be corrected, giving the title and
date thereof] is corrected, on the Court's own motion, by striking the
following [here set out the matter to be eliminated] and by inserting in lieu
thereof the following: [here set out the correct matter]. This order is
entered nunc pro tunc as of [here insert the date the incorrect order was
signed]."

To prevent further errors, the complete clause or sentence in which the error
occurs should be stricken from the original order or decree, even if only one
word or figure therein requires correction. Reference should not be made to
the page and line number of the corrected language.
3) Presentation to the Court. The proposed order must be submitted to the court
clerk along with the affidavit or declaration that brings the error to the
Court’s attention.
4) Effect of the Nunc Pro Tunc Order. The original order will not be
physically changed by the clerk, but will be used in connection with the
nunc pro tunc order correcting it.
(Subd C. amended effective July 1, 2024.)

Rule 9.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:06 effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:06 effective January 1, 2022.

9.07 Provisions Relating to the Appointment of Executors and Administrators

A. Special Letters Petitions for special letters of administration will not be granted without prior notice to the surviving spouse, to the person nominated as executor, and to any other person who, after examination of the applicant by the Court, appears to be equitably entitled to notice. In appointing a special administrator, the Court will give preference to any person entitled to letters testamentary or of administration. If it appears that a bona fide contest exists, the Court will consider appointing a neutral person or corporation as special

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administrator.

B. Public Administrator
In all cases where it appears the Public Administrator may have priority to serve as
personal representative of an estate, notice to the Public Administrator must be given.

C. The Petition for Probate
1) Allegations Regarding Heirs and Beneficiaries. In addition to the required
allegations (set forth in Probate Code §8002) in the petition for letters or for
appointment, the petition must include the following information:
(Paragraph 1) amended effective July 1, 2024.)
(a) As to the actual or nominated trustee of a trust that is a beneficiary
of the decedent’s estate, said trustee must be listed by name and
title as a devisee or legatee, and, if a sole trustee is also the
personal representative of the estate, the individual beneficiaries of
the trust must be listed in the petition and be given notice of the
proceedings. [Probate Code §1208.]
(b) When a beneficiary of the estate has died, notice must be given as
required by Rule 7.51(e) of the California Rules of Court.
(c) As to contingent heirs, devisees and legatees, all such persons must
be listed in the petition for probate or for letters of administration
so that each will receive notice by mail of the hearing on the
petition. This includes persons provided for in the will offered for
probate, but whose legacy has been revoked by a subsequent
codicil.

(Subd C. amended effective July 1, 2024.)

D. Subsequent Petitions for Probate
1) Admitting Subsequent Wills and Codicils. Every will or codicil not
specifically mentioned in the original petition must be presented to the
Court by way of an amended petition or a second petition, and new notice
thereof must be published.
2) Noticing Subsequent Petitions. When a petition for letters testamentary or
letters of administration with will annexed (“Letters CTA”) is filed after
the admission to probate of a will disposing of the same decedent’s estate,
notice is required just as for the original petition.

(Subd D. amended effective July 1, 2024.)

E. Proof of Written Will or Codicil
1) Attachment to Petition. When a petition for probate of will and/or codicil

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is filed, a copy of the document(s) being offered for probate must be attached thereto and marked as an exhibit. 2) Proof of Holographic Instrument. If the will or codicil is handwritten and a photographic copy is attached, then a typewritten copy of the text of the document must be attached as well. Holographic instruments may be proved by an appropriate affidavit or declaration setting forth the foundation upon which the declarant bases his/her statement that the handwriting is the decedent’s. 3) Proof of Formal Wills. In uncontested will proceedings, if the attestation clause of the testamentary instrument is signed under penalty of perjury, then the will or codicil is deemed to be self-proving and can be admitted to probate without proof thereof by affidavit or declaration. If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131. (Subd E. amended effective July 1, 2024.)

F. Bond of Personal Representative
1) Effect of Bond Waiver. If bond has been waived in the will or codicil, or if
it is waived by all beneficiaries of the will by way of duly executed and
filed waivers of bond, then the fact that bond has been waived must be
alleged in the petition.
2) Reporting Bond in Interim Accountings. Every interim account for an estate
in which bond has been posted must include a separate paragraph alleging
a) the total amount of the posted bond; b) the appraised value of personal
property on hand plus the estimated annual income to the estate from real
and personal property; and c) a statement concerning any additional bond
thereby required. Whenever appropriate, a prayer for increase or decrease
of the posted bond must be included in the petition for settlement of the
account.
3) Bond When Independent Powers Granted. When the personal
representative is granted independent powers to sell real property or to
lease it for a term of more than one year, the Court may require a bond that
includes the equity value of the real property.
(Subd F. amended effective July 1, 2024.)

Rule 9.07 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:07 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 9:07 effective January 1, 2022.

9.08 Appearance of Counsel In Uncontested Matters

A. Required Appearance at Hearing on Guardianship or Conservatorship Petition The petitioner or the petitioner's attorney must appear at any hearing on a petition for

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appointment of a guardian or conservator. (Subd A. amended effective July 1, 2024.)

B. When Non-Appearance Allowed at Hearing n Petition
1) Except as otherwise provided by law or these Rules, all verified petitions
in probate matters will be deemed submitted without an appearance,
except that the attorney or petitioner must appear on a petition for
confirmation of sale of either 1) real property, or 2) personal property
valued in excess of One Hundred Dollars ($100.00). As used in this Rule,
"verified" means verified by the petitioner.
2) Before denying any petition where there is no required appearance, the
Court, at its discretion, will continue the matter to a future law & motion
calendar in order to give the petitioner or counsel an opportunity to
appear. If there is no appearance or other response by the petitioner or
counsel at the continued hearing, the Court may drop the matter from the
calendar. (Note: it is the responsibility of the non-appearing petitioner or
counsel to determine whether the matter has been approved or continued.)
(Subd B. amended effective July 1, 2024.)

Rule 9.08 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:08 effective July 1, 1996; amended effective July 1, 2001, and January 1. 2019; previously renumbered as Rule 9:08 effective January 1, 2022.

9.09 Contested Matters The Court will hear contested matters at such dates and times as the Court deems appropriate. Rule 9.09 renumbered effective July 1, 2024; previously adopted as Rule 15:09 adopted effective July 1, 1996; amended effective July 1, 2004; previously renumbered as Rule 9:09 effective January 1, 2022.

9.10 Orders for Family Allowance

A. Time of Application
Applications for a family allowance order must be made in a timely manner. As a policy,
the Court discourages requests for retroactive (nunc pro tunc) payment of a family
allowance.

B. Duration of Order
The duration of an order for family allowance is limited to six months if no inventory and
appraisal has been filed, and to one year if an inventory and appraisal has been filed.
(Subd B. amended effective July 1, 2024.)

C. Estimate of Monthly Income and Expenses
Every petition for a family allowance must set forth estimated monthly income, including

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receipt of any available government benefits; and if the petition seeks an allowance in excess of $1,000 per month, it must include an itemized estimate of monthly expenses. Rule 9.10 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:10 effective July 1, 1996; amended effective July 1, 2001; previously renumbered as Rule 9:10 effective January 1, 2022.

9.11 Probate Letters

A. Form of Letters
Proposed Letters submitted for issuance must be complete in every aspect. Independent
powers must be specifically stated on the face of the Letters or in a referenced
attachment; and execution of the oath must include date and place.

B. Re-Issuance of Letters
Re-issuance of original Letters is discouraged, and any request for re-issuance of original
Letters must be submitted to the Court in writing and must establish valid justification for
the request. (This requirement does not apply to requests for certified copies of Letters).

Rule 9.11 renumbered effective July 1, 2024; previously adopted as Rule 15:11 effective July 1, 2001; previously renumbered as Rule 9:11 effective January 1, 2022.

9.12 Required Matters in a Petition for Final Distribution

A. Required in All Petitions for Final Distribution
In addition to items otherwise required by law, a petition for final distribution must
include the following matters, unless set forth in the account and report:
1) A full and complete description of all assets to be distributed. The
description must include all cash on hand and must indicate whether or not
promissory notes are secured or unsecured. If secured, the security interest
must be described. Real property must include a complete legal
description. Note: descriptions made by reference to the inventory and
appraisal are not acceptable.
2) Facts specifically showing the entitlement of each heir to the portion of the
estate to be distributed to that heir, including any information concerning
predeceased children.
3) A computation of the attorney fees and representative commissions being
requested, even if an accounting is waived. Where an accounting is waived
and the statutory compensation is based upon receipts during probate, the
method of computation must be set forth, together with an allegation that
such receipts have been or will be reported on fiduciary income tax returns
for the estate. Applications for compensation for extraordinary services
will not be considered unless the caption and prayer of the petition, and
the notice re distribution, contain a reference to such application for
extraordinary compensation.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

4) A statement regarding payment of all taxes pursuant to Probate Code
§9650(b).
5) An allegation that all legal advertising, bond premiums, probate referee’s
fees, and costs of administration have been paid. (Note: the final account
will not be approved, and neither will a petition to terminate proceedings
be granted, unless the Court is satisfied that all costs of administration,
including charges for legal advertising, have been paid.)
6) A schedule of claims showing the name of the claimant, amount claimed,
date presented, date allowed, and, if paid, the date of payment.

As to any rejected claims, the date of rejection must be set forth; and the
original of the notice of rejection, with affidavit of mailing to the creditor,
must be filed.

Even if a claim has not been filed, the Court may approve payment of a
debt if the accounting shows that such payment was made in compliance
with the requirements of Probate Code §9154. Such approval is
discretionary with the Court, and must be justified by appropriate
allegations in a verified petition or by testimony in open court. [Estate of
Sturm (1988) 201 Cal.App.3d 14.]
7) An itemization of costs for which counsel or the personal representative
has been paid or is seeking reimbursement. Ordinary overhead items,
including but not limited to costs of duplication of documents, long
distance charges, and automobile mileage, are not proper cost items.
8) A schedule showing the proration, if any, of taxes, fees, and costs.
9) In all cases where the character of property may affect distribution of the
estate, a statement or listing of which assets are separate property and
which assets are community property.
10) If distribution is to be made pursuant to an assignment of interest, then the
details of the assignment, including the consideration therefore, shall be
set forth in the petition; and the acknowledged assignment shall be filed
with the Court.
11) The names and current addresses of all persons who are affected by the
petition; each such person must be identified as an adult or a minor.

(a) If property is to be distributed to a minor, the minor's present age
must be indicated.
(b) If a trust is established in which property will be distributed to a
beneficiary upon reaching a given age, the petition must allege the
present age of the distributee.
12) If the distribution is to be made to a minor or an incompetent, then facts
showing compliance with Probate Code §3300, et seq., must be alleged;
alternatively, current certified copies of letters of guardianship or

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conservatorship of the estate must be filed.

An allegation of compliance with Probate Code §9202 (notice of death to
the Director of Health Services); or an allegation that notice is not
required because decedent did not receive Medi-Cal services; or an
allegation that no claim can be made by the Director of Health Services
because decedent a) died before June 28, 1981; b) was under age 65; or c)
was survived by a spouse, minor child, or disabled child.
13) A statement that complies with the disclosure requirements of Probate
Code §1064(a)(4), or an allegation that no family or affiliate relationship
exists between the fiduciary and any agent hired by the fiduciary for
probate purposes.
(Subd A. amended effective July 1, 2024.)

B. Unequal Distributions; Distributions Against the Will

If the decree of distribution requires in-kind distribution of assets with the result that all
heirs and devisees will not share equally in each asset, and the distribution is other than
pursuant to the will or the laws of intestate succession, then an agreement indicating
acceptance of the plan of distribution must be signed by each heir and devisee (with the
signatures acknowledged) and filed with the Court.

C. Terms Of Testamentary Trust
The terms of any testamentary trust must be set out in full in the petition and in the order
or decree, and not merely be incorporated by reference. Because the decree of
distribution supersedes the will, the terms of the trust must be set forth in the decree in a
manner that will give effect to the conditions existing at the time distribution is ordered.
The pertinent provisions must be set forth in the present tense and in the third person
instead of by merely quoting the will verbatim, because the will in some instances may be
in the future tense and/or the first person, and may contain provisions that are no longer
applicable.

D. Distribution to a Trust
If distribution is to be made to a trust, then either an acknowledged statement by the
trustee accepting the property under the terms of the trust, or a petition by the executor or
administrator for the designation of a substitute trustee, must be filed with the Court.

Rule 9.12 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:12 effective July 1, 1996; amended effective July 1, 2009 and January 1, 2019; previously renumbered as Rule 9:12 effective January 1, 2022.

9.13 Required Form of Accounts in all Probate Proceedings

A. Accounts in General

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall comply with Probate Code §§1060 et seq.. A suggested form of summary of account is set forth in Appendix 6 of these Rules, and in Probate Code §1061.

B. Waivers of Accounting A detailed accounting may be waived when all persons having a valid interest in the matter have consented in writing. Only waivers given by competent adults are effective. All waivers must be filed with the Court or endorsed on the petition. The effect of full waivers is to make it unnecessary to list the details of receipts and disbursements; no other required matters may be waived.

C. Required Verification for Interim Accounts Interim accounts in decedents estate matters that are filed by individual fiduciaries (as opposed to final accounts, or accounts by institutional fiduciaries) must be supported by original statements verifying the balances of bank or investment accounts on the closing date of the estate accounting period). Balances shown in the estate accounting must be reconciled to the statements from the financial or investment institution.

D. Vouchers Vouchers supporting accounts are not to be filed with the clerk unless the Court specifically orders them filed. Rule 9.13 renumbered effective July 1, 2024; previously adopted as Rule 15:13 effective July 1, 1996; amended effective July 1, 2004 and January 1, 2019; previously renumbered as Rule 9:13 effective January 1, 2022.

9.14 Petition to Establish the Fact of Death A petition to establish the fact of death (to terminate a joint tenancy or life estate) must be verified, and must have the following documents attached as exhibits: 1) a copy of any instrument relating to any interest in the property; and 2) a copy of the death certificate. (Note: there is no statutory provision for Court determination of attorney fees in proceedings for termination of joint tenancy or a life estate; no request for fees for services of this type will be considered by the Court.) Rule 9.14 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:14 effective July 1, 1996; amended effective July 1, 2001; previously renumbered as Rule 9:14 effective January 1, 2022.

9.15 Petition to Set Aside Spousal Property

A. Filing Spousal Property Petition
A petition for determination and/or confirmation of community property must be filed as
a separate petition from a petition for probate of will or for letters of administration. If the
spousal property petition is filed in a probate proceeding that has already been initiated,
the cost for filing will be the amount charged for a subsequent application requiring a

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hearing. Otherwise, a full filing fee will be charged.

B. Required Allegations in Support Of Claim
A petition to determine and/or confirm community property must include the following
allegations and supporting information:
1) Date and place of marriage;
2) Whether or not decedent owned any real or personal property on the date of
marriage (if so, describe the property and state the approximate value on the
date of marriage and at present);
3) Decedent's occupation at time of marriage;
4) Decedent's net worth at time of marriage;
5) Whether or not decedent received property after the date of marriage by
gift, bequest, devise, descent, or as proceeds from life insurance or joint
tenancy survivorship (if so, describe the asset and give approximate date of
receipt and approximate value on the date of receipt and at present);
6) If property was received by decedent pursuant to item (5), above, whether
or not it is still a part of the estate;
7) The date decedent first came to California;
8) The decedent's net worth upon arrival in California;
9) Any additional facts upon which the community property claim is based;
and,
10) If the claim is based on any document, a copy must be attached to the
petition, preferably a photocopy showing signatures.

C. Survivorship Restriction
If a spouse's right to take under a will is conditioned on survival for a specified period of
time, no property will be set aside or confirmed to the spouse until expiration of the
survivorship period.

D. Attorney's Fees
Attorney’s fees for services relating to a spousal property petition are not subject to
determination by the Court, but must be arranged between counsel and the petitioner.

Rule 9.15 renumbered effective July 1, 2024; previously adopted as Rule 15.15 effective July 1, 1996; amended effective July 1, 2004 previously renumbered as Rule 9:15.

9.16 Sales of Real Property

A. Appraisals Within One Year
If the death of the decedent occurred more than one year prior to the date of filing of a
petition for confirmation of sale of real property, then a reappraisal for the purposes of the

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sale must be filed prior to the date of the hearing for confirmation of the sale.

B. When Published Notice of Sale Required
Publication of notice of sale of real property will be required whenever court
confirmation of such sale is requested, unless a will and/or codicil specifically directs sale
of the property, or specifically grants an executor (as distinguished from an administrator
with will annexed) authority to sell the property without notice. This publication
requirement applies whether or not the personal representative has been granted
Independent Administration of Estates Act (IAEA) powers by the Court.

C. Noticing the Location of the Property
The notice of sale of real property must set forth the street address of the property, if any;
if there is no street address then the notice must describe the location of the property in
addition to providing the legal description.

D. Compliance With the Terms of the Notice
If notice of sale of real property is published, then any sale of the property must be in
accordance with the terms of such notice. If a petition for confirmation of sale is filed
alleging that the sale took place prior to the date of sale stated in the published notice,
then the sale cannot be confirmed and new notice of sale must be published. Pursuant to
Probate Code §10308, any petition for confirmation of sale must allege that the sale was
made within 30 days prior to the date on which the petition was filed. The specific date of
sale must be alleged in the return of sale and petition for its confirmation.

E. Effect of Publication
The published notice of sale of real property constitutes a solicitation for offers. When
the personal representative accepts an offer and files a petition for confirmation of sale,
there must not be any variance between the terms of the notice and those described in the
petition. If the notice solicits cash offers only, then the Court will not confirm a sale on
terms other than cash.

F. Date of Sale Specified in Notice
If a petition for confirmation of sale of real property is filed prior to the date of sale
specified in the notice, the Court cannot announce the sale on the date set for hearing, but
must deny confirmation without prejudice to a new sale after another notice has been
given as prescribed by law.

G. Terms and Conditions of Sale
The terms and conditions of the sale must be stated in the Report of Sale filed with the
Court, as specific attachments if necessary. Merely attaching a copy of the sales contract
is not sufficient to satisy this requirement and is, in fact, discouraged in most cases.

H. Broker’s Commission

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The Court will not allow a broker's commission for the sale of residential real property
that is in excess of six (6) percent, unless a higher commission is justified by exceptional
circumstances. The broker's commission on non-residential real property will be set by
the Court on an individual basis. No commission will be allowed to a broker who is a
buyer of the subject property.

I. Notice of Abatement Sale to Specific Devisee
If the sale is for abatement, notice of time and place of hearing on the return of sale must
be given to the specific devisee of the property; otherwise, his or her consent to the sale
must be filed prior to the hearing.

J. Requirement of Attorney’s Presence at Confirmation
In the absence of the attorney of record, the Court will not proceed on a petition for
confirmation of sale of real property and/or for sale of personal property.

K. Overbids
If the sale returned for confirmation is upon credit, and a higher offer which is made to
the Court pursuant to Probate Code §10313 is for either cash or credit (whether on the
same or different credit terms), the higher offer will be considered only if the personal
representative, prior to confirmation of sale, informs the Court in person or through
counsel that the offer is acceptable.

L. Required Evidence of Ability to Pay Overbid
No person will be entitled to appear and bid in a proceeding to confirm a sale unless that
person presents to the personal representative, or to counsel for the personal
representative, sufficient evidence of that person’s ability to pay, forthwith, a deposit of
at least ten percent (10%) of the amount fixed by the petition as the overbid price.
[Prob.C §10311(a)(1).] Bidding will proceed in such increments from the overbid as the
Court deems appropriate.

Renumbered Rule 9.16 effective January 1, 2022; originally adopted as Rule 15.16 effective July 1, 1996. Amended effective July 1, 2005.

9.17 Attorneys Fees In all petitions requesting attorney fees, both ordinary and extraordinary, a specific sum (not merely a "reasonable amount") must be requested. Renumbered Rule 9.17 effective January 1, 2022; originally adopted as Rule 15.17 effective July 1, 1996; amended effective July 1, 2001.

9.18 Non-Statutory (Extraordinary) Fees and Commissions

A. Discretion of the Court; and Standards for Consideration
1) The award of extraordinary fees and commissions is within the discretion

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of the Court. 2) The standards by which requests for extraordinary fees and commissions will be measured are reasonableness, and benefit to the interested parties. The Court will take into consideration the following: (a) Nature and difficulty of the services; (b) Results achieved; (c) Benefit to the estate, conservatee or ward; (d) Productivity of the time spent in performing the services; (e) Expertise and experience of the person requesting the fees; (f) Hourly rate for the person performing the services; and

3) Total amount requested in relation to the size and income of the estate.

B. Contents of Petition for Extraordinary Fees and Commissions
A petition filed under any provision of the Probate Code which requests fees or
commissions in excess of the authorized statutory compensation must include: 1) a
declaration by the attorney, personal representative, trustee, or other fiduciary stating the
services rendered, or to be rendered, by each of them, itemized by date, time and service
rendered; 2) the amount requested for each item of service, together with the total amount
requested; and 3) a reference in the caption and prayer to the additional fees. In addition,
the request for extraordinary fees and/or commission must be included in the notice of
hearing on the petition.

C. Use of Paralegals
Reference to: California Rules of Court, Rule 7.703(e).

Renumbered as 9.18 effective January 1, 20222; originally adopted as Rule 15.18 effective July 1, 1996; amended effective July 1, 2004.

9.19 Guardianship Appointments

A. Agency Investigations
1) Referral. All petitions for appointment of a guardian will be referred by the
Court for an investigation, pursuant to Probate Code Sections 1513 and
1513.1.
2) Agency Copies. When a petition for appointment of guardian is filed, the
petitioner must provide an additional copy of the petition and of all
supporting documents for transmittal by the clerk to the appropriate
investigating agency. (Note: This requirement does not relieve the
petitioner or counsel from the responsibility of personally providing
copies of the petition and supporting documents to the agency.)

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

B. Appointment of Temporary Guardian
1) Ex Parte Applications. Applications for appointment of a temporary
guardian may be submitted ex parte for determination by the Court, with
or without an appearance by the petitioner or counsel. If the petitioner or
counsel wishes to appear on the ex parte application, he or she must
calendar and notice the matter pursuant to Local Rule 3.03.
2) Hearings on Temporary Guardianships. After a petition for the
appointment of a temporary guardian of the person of a minor is filed, the
following hearings may be held, consistent with the intent of Probate Code
§2250:
(a) A noticed hearing on an ex parte petition for appointment of
temporary guardian. When it sets the noticed hearing, the Court
may make other appropriate orders relating to the application.
(b) A reconsideration hearing to be conducted on the regular
guardianship calendar within 30 days from the date of the ex parte
order granting temporary guardianship, for the purpose of
reviewing the merits and the status of the temporary guardianship.
At this hearing, the appropriate investigative agency will provide
the Court with a recommendation as to whether or not the
temporary guardianship should be continued or be terminated.
More than one reconsideration hearing may be required.

3) Hearings on Petitions for General Guardian. Petitions for appointment of a
general guardian are set for hearing by the clerk of the Court, and
normally are calendared for hearing six to eight (6-8) weeks after the
petition for general guardianship is filed.
4) Notice Regarding Temporary Guardianships. The order appointing a
temporary guardian will identify the agency that will conduct the
investigation, and the order will require that the temporary guardian give
notice of the reconsideration hearing to the parents of the minor (this
notice is in addition to the notice of hearing required by Probate Code
§1511).

Renumbered as Rule 9.19 effective January 1, 2022; originally adopted as Rule 15.19 effective July 1, 1996; amended effective July 1, 2013.

9.20 Probate Conservatorship Appointments When a petition for appointment of a conservator is filed, the petitioner must also submit a fully completed Judicial Council Form GC-330, “Order Appointing Court Investigator”, for the Court’s approval, and must provide the clerk with an additional copy of that document for transmittal to the Court Investigator after the appointment has been made. For the same purpose, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk at the time of filing. (Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and

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supporting documents to the Court Investigator, and from giving the Investigator notice of hearings on the petition.) Renumbered as Rule 9.20 effective January 1, 2022; originally adopted as Rule 15.20 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; amended effective July 1, 2009.

9.21 Independent Powers in Guardianship and Conservatorship Matters

A. Application of This Rule
This Rule applies whether the request for independent powers is made in the initial
petition for appointment or by a subsequent petition.

B. Standard of Proof
The Court will not approve a petition for the grant of independent powers to a guardian or
conservator except upon adequate showing that the particular power being requested is
necessary and is for the advantage, benefit, and best interests of the estate. In ruling on
the request, the Court will consider the circumstances of the case, the qualifications of the
guardian or conservator, and the potential expense of further proceedings should the
requested independent powers be denied.

C. Sale of Residence
A request for authority to sell the current or former residence of a ward or conservatee
must include the information that is required by Probate Code §2540(b).

D. Return and Confirmation of Sale
When the independent power to sell real estate is granted, the sale must be returned to the
Court for over-bidding and confirmation.

E. Statement of Powers
Any independent powers that are granted by the Court must be set forth at length in the
Order and in the Letters. If the powers are granted by a subsequent order, or if
independent powers already granted are withdrawn or limited, new Letters must be
issued.

Renumbered as Rule 9.21 effective January 1, 2022; originally adopted as Rule 15.21 adopted effective July 1, 2001; amended and/or renumbered effective July 1, 2004.

9.22 Bond in Guardianships and Conservatorships The Court ordinarily will fix bond in the amount permitted by Prob.C §2320 for a bond given under that section by an admitted surety insurer. However, upon a showing of good cause, the Court may increase or decrease the bond amount, and, if it appears likely that the conditions of Prob.C §2628(a) will be satisfied for the duration of the estate, the Court may dispense with bond. Renumbered as Rule 9.22 effective January 1, 2022; originally adopted as Rule 15.22 adopted

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effective July 1, 1996; renumbered effective July 1, 2004; amended effective July 1, 2009.

9.23 Conservator’s Handbook

A. Purchase and Proof of Purchase
Every conservator appointed by this Court, with the exception of those excluded by Rule
9.23.B, below, must acknowledge that they have received or accessed electronically the
conservator’s handbook as adopted by the Judicial Council. Each conservator must file an
Acknowledgment of Receipt of Handbook form (Judicial Council form GC-362) not later
than five (5) days before the scheduled hearing on the petition for appointment of
conservator. Failure to meet the requirement may result in the petition for appointment
being ordered off calendar, and if the petitioner is the temporary conservator, it may
result in the suspension of that person's powers as temporary conservator.
(Subd A. amended effective July 1, 2024.

B. Handbook Purchase Not Required
The Public Guardian, corporate fiduciaries, banks, and other entities authorized to
conduct the business of a trust company are not required to purchase the Conservator’s
Handbook.

Rule 9.23 amended and renumbered effective July 1, 2024; previously adopted as Rule 15.23.B adopted effective July 1, 1996; amended effective July 1, 2004 and January 1, 2019; previously renumbered as Rule 9:23 effective January 1, 2022.

9.24 Responsibility of Parents to Support Ward Because parents are required by statute to support their children, the Court will not permit the guardianship estate to be used for the ward’s maintenance where one or both parents are living, except upon a showing of the parent's financial inability to provide support (preferably evidenced by a Judicial Council Form FL-150 “Income and Expense Declaration”) or a showing of other circumstances that would justify the Court’s departure from this Rule; any departure must be in the best interests of the ward. Rule 9.24 amended and renumbered effective July 1, 2024; previously adopted as Rule 15:24 effective July 1, 1996; renumbered effective July 1, 2004; amended effective January 1, 2029; previously renumbered as Rule 9:24 effective January 1, 2022.

9.25 Investments by Guardians

A. Standards
The standard set forth in Probate Code §16040(a), providing for investments by trustees,
is the standard applied by the Court in authorizing proposed investments by guardians.
The guardian should also consider the circumstances of the estate, the indicated cash
needs of the ward, and the date of prospective termination of the guardianship.
Investments by guardians must be prudent and in keeping with the size and character of
the ward's estate.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

B. Unauthorized Investments
Except upon a strong showing of good cause, the Court will not approve investment of
the ward's funds in unsecured loans, secured loans to near relatives, or debenture bonds
(except those which are part of a large issue and are well-seasoned and listed on an
established securities exchange).
1) The Court will not approve investment of the ward's funds in bonds or
obligations of foreign governments or corporations, whether payable in
dollars or not.
2) In most instances, investment in real estate, either by purchase or
encumbrance, will not be approved by the Court unless supported by an
appraisal of the property, performed by the probate referee.

Rule 9.25 renumbered effective July 1, 2024; previously adopted as Rule 15:25 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; previously renumbered as Rule 9:25 effective January 1, 2022.

9.26 Blocked Accounts in Guardianships and Conservatorships

A. Time of Establishment
A request to deposit funds of a guardianship or conservatorship estate in blocked
accounts, for the purpose of reducing bond or otherwise, may be included in the petition
for appointment or made in a subsequent petition.

B. Type of Account
All deposits into blocked accounts must be made into federally insured, interest-bearing
accounts, with no maturity date unless otherwise ordered by the Court. If funds are to be
placed in an account having a maturity date, the applicant and counsel are cautioned that
funds must also be maintained in another account in an amount sufficient to pay
reasonably foreseeable expenses (e.g., taxes) without incurring penalties or loss of
interest.

C. Maximum Amount of Deposits
The initial deposit into any one blocked account must not exceed Ninety Thousand
Dollars ($90,000). In no event may more than One Hundred Thousand Dollars
($100,000) be held in a single federally-insured depository. If it becomes necessary to
transfer funds to an additional depository in order to comply with this Rule, prior
approval of the Court is required.

D. Proof of Deposit into Blocked Account
Within 30 days after an order for deposit into a blocked account is signed by the Court,
the trustee of the account must file a receipt from the depository, evidencing the ordered
deposit.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

E. Withdrawals From Blocked Accounts
1) Court Order Required. Except when the terms of the order for deposit
provide for automatic withdrawal by the minor upon attaining majority,
withdrawals of principal or interest may not be made unless ordered by the
Court.
2) Supporting Documentation. Every application for an order to withdraw
funds from a blocked account must be verified. The following documents
must be attached to the application:
(a) a certified copy of the birth certificate of the minor, and
(b) either (i) an updated savings passbook or a statement showing all
deposits and withdrawals since the account was opened, or (ii) a
letter from the depository identifying the account and setting forth
the dates and amounts of all deposits and withdrawals, along with
the current balance.

3) Consent of Minor. If the minor is fourteen years of age or older, he or she
(as well as the guardian or trustee) must sign the petition.
4) Ex Parte Requests. A request for withdrawal from a blocked account may
be made ex parte.
5) Parental Responsibilities; Withdrawals for The Payment Of Taxes. Except
for withdrawals to pay taxes on a minor's funds, petitions for withdrawals
ordinarily will not be granted if either or both parents of the minor are
living and either is financially able to pay the requested expenditure.
Except for petitions for withdrawals to pay taxes, a financial declaration
by the parents or parent describing his, her, or their income and expenses
must be attached to the petition (Judicial Council Form FL-150 is
recommended). Also, a statement regarding the minor's employment and
income, if any, must be attached to the application. Copies of bills,
statements, or letters related to the request also must be attached. If the
application is for payment of taxes on the minor's funds, copies of the
applicable tax returns must be submitted with the petition, but must not be
attached to the petition, and must be marked "confidential".
6) Withdrawal for Purchase of Vehicle. If the requested withdrawal is for the
purchase of a vehicle, a copy of the proposed purchase/sale agreement
must be attached to the petition; the agreement must show the type of
vehicle, year, purchase price, and whether the payment will be made in
full or in specified installments. Because the petition may be denied, a
binding purchase/sale agreement must not be entered into before a court
order is obtained. In addition to the aforesaid agreement, a casualty
insurance quote must be attached to the petition; the quote must show that
the minimum public liability coverage equals or exceeds the funds that
will remain on deposit after the purchase, and the petition must identify
the person or persons who will pay for the insurance.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

7) Withdrawal for Medical Expenses. If the request for withdrawal pertains
to medical care for an accident or other casualty, or for a legal matter, the
petition must explain why the expense is necessary and why it is not
covered by insurance or other resource.
8) Withdrawals for Reimbursement. If the request is for reimbursement for
an expense already paid, then proof of payment (i.e., cancelled check or
receipt) must be attached to the petition.

Rule 9.26 renumbered effective July 1, 2024; previously adopted as Rule 15:26 effective July 1, 1996; amended and/or renumbered effective July 1, 2004; previously renumbered as Rule 9:26 effective January 1, 2022.

9.27 Accounts of Guardians and Conservators

A. Form
The form of accounts shall conform to Probate Code §1060, et seq., and to Appendix 6 of
these Rules.

B. Multiple Accounts in Guardianships
When a guardian accounts for the assets of more than one ward in the same proceeding,
the accounting for each ward must be set forth separately.

C. Final Accounts in Guardianships
The Court does not favor the waiver of final accounts by the ward, and generally will not
approve a final report when the account is waived unless the ward is present in court at
the time of the hearing.

D. Notice of Death to Director of Health Services
Upon termination of a proceeding due to the death of the ward or conservatee, the final
report and account must contain either an allegation that notice of said death was
provided to the Director of Health Services (as required by Probate Code §215) or an
allegation that no such notice is required.

E. Order Dispensing with Accounting
If it appears likely that the estate will satisfy the conditions of Probate Code §2628(a)
throughout its duration, the Court may dispense with an accounting. Application for an
order dispensing with accountings may be made at the time of the appointment of the
guardian or conservator, or when the interim account is due.

Rule 9.27 renumbered effective July 1, 2024; previously adopted as Rule 15:27 effective July 1, 1996; renumbered effective July 1, 2004; amended effective July 1, 2009; previously renumbered as Rule 9:27 effective January 1, 2022.

9.28 Change of Conservatee’s Address

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

The conservator must notify the Court of any change of the conservatee's residence, within thirty (30) days of the conservatee's move, by filing a notice of change of address with the Clerk of the Court. Rule 9.28 renumbered effective July 1, 2024; previously adopted as Rule 15:28 effective July 1, 1996; renumbered effective July 1, 2004; previously renumbered as Rule 9:28 effective January 1, 2022.

9.29 Procedures Upon the Death of the Ward or Conservatee

A. Required Notice to Court The guardian or conservator must notify the court, within thirty (30) days and in writing, of the death of the ward or conservatee.

B. Termination of the Guardianship or Conservatorship Estate If the ward dies before reaching majority, or upon the death of the conservatee, the guardian or conservator must petition the Court to terminate the estate; and may, in conjunction with that petition, seek allowance for claims against the estate and for disposition of the estate if the estate is valued at less than $60,000 and can be disposed of pursuant to Probate Code Sections 13100 through 13111. If the provisions of §§13100 et seq. are utilized, the petition for termination and the final account must include a declaration, pursuant to Probate Code §13101, from each person entitled to distribution of the estate. Rule 9.29 renumbered effective July 1, 2024; previously adopted as Rule 15:29 effective July 1, 1996; renumbered as Rule 15:19.1 effective July 1, 2005; previously renumbered as Rule 9:29 effective January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 10: JUVENILE DEPENDENCY RULES

10.01 General Applicability of the Siskiyou County Local Rules of Court to Juvenile Dependency Proceedings Except to the extent that there may be a conflict with this Chapter, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully set forth at length, and are hereby made applicable to all juvenile dependency proceedings in the Siskiyou County Superior Court. Rule 10.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 16:01 effective July 1, 1997; amended and renumbered effective July 1, 2002; previously renumbered as Rule 10:01 effective January 1, 2022.

10.02 Calendar Matters

A. Dependency Master Calendar The Court maintains a weekly master calendar for dependency proceedings. However, cases assigned to that calendar may be subject to calendar change.

B. Detention Hearings in Dependency Proceedings In general, detention matters in dependency cases will be set for hearing at 8:15 AM daily, except on the master calendar day when they will be set at 8:30 AM. It is the responsibility of the detaining agency to give notice to the Court’s Calendar Coordinator of any detention matter to be heard on the master calendar, by no later than 3:00 PM on the court day before the hearing. If a dependency detention matter must be heard at any time other than as set forth in this Rule, the detaining agency must give notice to the Court’s Calendar Coordinator by no later than 12:00 PM (noon) on the court day before the proposed hearing, so that the Coordinator can reserve a bench officer, a reporter, and security personnel. It is the responsibility of the detaining agency to give timely notice of the date and time of any detention hearing to the Supervising Clerk of the Civil/Juvenile Division, as well as to all parties and to all counsel who may have been appointed. (Subd B. amended effective July 1, 2024.

C. Ex Parte Applications in Dependency Proceedings

Local Rule 3.03 regarding ex parte applications, including the date, time, and manner of notice, applies to proceedings in the Juvenile Court. Unless otherwise directed by the Court’s Calendar Coordinator, ex parte proceedings in dependency matters are to be set and noticed for hearing at 8:30 AM or 1:30 PM daily, except on the regularly scheduled master calendar day when ex parte matters will be heard during the master calendar. No matter may be presented for ex parte consideration by the Court, except on a showing of good cause, without prior notice to, or waiver by, counsel for each party in accordance with these Rules, with the exception of applications by counsel for funding for

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investigators or expert consultants, or other matters as may be authorized or required by law. Rule 10.02 amended and renumbered effective July 1, 2024; adopted as Rule 16.02 effective July 1, 1997; amended effective July 1, 2008 and January 1, 2019; previously renumbered as Rule 10:02 effective January 1, 2022.

10.03 Attorneys Representing Parties in Dependency Proceedings

A. Adoption of Rule
This Rule is adopted to comply with Rule 5.660(a) of the California Rules of Court.
(Subd A. amended effective July 1, 2024.

B. Competency of Counsel; Required Experience And Education; Standards of
Representation; and Caseload Guidelines
1) Competency of Counsel. Every party in a dependency proceeding who is
represented by an attorney is entitled to competent counsel as defined by
Rule 5.660(d)(1) of the California Rules of Court.
2) Experience and Education of Counsel. An attorney seeking appointment as
counsel for a party or parties in dependency proceedings must meet the
experience and education standards set forth by Rule 5.660(d)(3) of the
California Rules of Court.
3) Standards of Representation. An attorney representing a party or parties in
dependency proceedings, and the agents of that attorney, are expected to
meet the standards of representation set forth in Rule 5.660(d)(4) of the
California Rules of Court.
4) Caseload Guidelines. Pursuant to Rule 5.660(d)(6) of the California Rules
of Court, the attorney for a child in a dependency matter must adopt
caseload management practices that allow for effective performance of the
duties required by CRC Rules 5.660(d)(3) and 5.660(d)(4), referenced
above.

C. Appointment of Counsel for Parents and Guardians
1) Applications. Applications by parents and guardians who seek appointed
counsel in dependency proceedings must be presented by oral request in
open court, or by oral or written request to the Supervising Clerk of the
Civil/Juvenile Division.
2) Appointment. Upon application, or on its own after finding good cause, the
Court will appoint either a private attorney or law firm to represent parents
and guardians.

D. Appointment and Responsibilities of Counsel for Children
1) Appointment. Pursuant to Rule 5.660(b) of the California Rules of Court,

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the Court will appoint either an individual attorney or firm in private practice to represent children in dependency proceedings. 2) Appointment Not Required. An attorney for a child need not be appointed if the Court finds, in any given case, that the child would not benefit from counsel because the circumstances described in CRC Rule 5.660(b)(1) apply to that child. In such case, the record will reflect the Court’s findings. 3) Responsibilities of Counsel for Children. An attorney for a child or children in dependency matters is specially charged with the duties and responsibilities set forth in Welfare & Institutions Code §317(e) and Rule 5.660(d)(4) of the California Rules of Court.

E. Other Appointment Matters
1) Appointment Panel. Attorneys for children and other parties in
dependency proceedings will be appointed by the Court from a panel or
panels maintained by court administration; said panel or panels will be
comprised of attorneys or law firms that meet the requirements set forth in
CRC Rule 5.660(d)(3) and these Local Rules. At least once every three
years, any attorney who has been appointed to the panel must submit
satisfactory proof to the Court of his/her compliance with the mandatory
training education requirements set forth in CRC Rule 5.660(d)(3). The
supervising Judge of the Juvenile Court may, from time-to-time and at
his/her discretion, require further evidence of the competency of attorneys
who seek to be included on the panel or panels from which dependency
appointments are made.
2) Notification of Appointment. The Court will contact appointed
attorneys when there is a detention hearing.
Paragraph 2) amended effective July 1, 2024.

F. Special Appearances
Because the qualifications of attorneys who represent parties in juvenile dependency
matters are regulated by W&I Code §317.6, and CRC Rule 5.660(d), special appearances
on behalf of attorneys who have been appointed pursuant to W&I Code §317(d) are
discouraged, especially in contested matters. Special appearances will be permitted in the
following circumstances only: 1) with the Court’s permission, upon a showing of good
cause; or 2) when the matter is calendared only for setting of a future court date (e.g., for
setting a continuance or a contested hearing), in which case counsel making a special
appearance must know and be prepared to stipulate to the available dates of appointed
counsel.
(Subd F. amended effective July 1, 2024.

G. Compensation and Claims
1) Compensation. Appointed attorneys or agencies will be reasonably
compensated for their services and expenses, according to rates and

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schedules listed in the current MOU signed by the Presiding Judge. 2) Client Complaints. Complaints by or questions from a party in a dependency hearing or the caregiver for a minor party, regarding representation by that party’s attorney, will be addressed as follows: (a) Initial Referral. Complaints or questions will be referred initially, for informal resolution, to the agency, attorney, or law firm appointed to represent the party. Paragraph (a) renumbered effective July 1, 2024; previously adopted and numbered G.3) effective January 1, 2022. (b) Formal Resolution. If the party was not represented by an appointed agency, attorney, or law firm, or if the issue remains unresolved after referral to the appointed agency, attorney or law firm, the party may submit his/her complaint or question, in writing, to the Presiding Judge of the Superior Court. In most cases, the Court will utilize one of the following procedures to resolve the matter: Paragraph (b) renumbered effective July 1, 2024; previously adopted and renumbered G.4) effective January 1, 2022. • Conduct its own review of the complaint or question, and take appropriate action if required; or Reformatted effective July 1, 2024; previously numbered G.4)(a) effective January 1, 2022. • Appoint a panel of three (3) attorneys, not associated with the particular case, to review and comment on the complaint or question and report its findings and recommendations to the Court. The Court then may accept or reject the recommendations of the review panel, or conduct its own review, thereafter taking whatever appropriate action it determines is necessary. Reformatted effective July 1, 2024; previously numbered G.4)(b) effective January 1, 2022.

H. Information Received by the Court Concerning the Child or the Child’s
Interests
If the Court receives information from some person other than the attorney for a child,
regarding any interest or right of the child, the Court may provide that information to the
child’s attorney and direct the attorney to investigate the matter further and to report
his/her findings to the Court. If the child has no attorney and such information is brought
to the Court’s attention, the Court may appoint an attorney for the child for the purpose of
investigating and reporting on the information.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Rule 10.03 amended and renumbered effective July 1, 2024; previously adopted as Rule 16.03 effective July 1, 1996; amended effective July 1, 2008 and January 1, 2019; previously renumbered as Rule 10:03 effective January 1, 2022.

10.04 Court-Appointed Special Advocate Program

A. Designation of the Local CASA
The organization “Youth Empowerment Siskiyou” is designated as the Court-Appointed
Special Advocate (“CASA”) program for Siskiyou County. This designation will remain
in effect until terminated or modified by the presiding judge of the Superior Court. The
designated CASA program must report regularly to the Superior Court with evidence that
it is operating under the guidelines established by the National CASA Association and by
Rule 5.655 of the California Rules of Court. The designated CASA program’s mailing
address is P.O. Box 1337, Yreka CA 96097.

(Subd A. amended effective July 1, 2024.

B. The Advocate Program 1) Request for Appointment. A request for appointment of a child advocate in dependency proceedings may be made orally or by written application in open court, or ex parte by any interested person, or by the Court on its own motion. After approval by the Court, the referral shall be forwarded to the CASA program’s office for screening and assignment. When an appropriate advocate has been selected by CASA, CASA must submit its selection to the Court for review and appointment. 2) Officer of the Court. An advocate is an officer of the Court and is bound by these Rules. Each advocate will be sworn in by a Superior Court Judge before beginning his/her duties, and must subscribe to the written oath required by the Court. The duties and responsibilities of a child advocate are set forth in Welfare & Institutions Code §356.5. 3) Specific Duties. The Court will, in its initial order of appointment and/or in subsequent orders, specifically delineate the advocate’s duties in each case. Such duties may include conducting an independent investigation of the circumstances of the case; interviewing and observing the child as well as other individuals where appropriate; reviewing pertinent records and reports; and recommending visitation rights for the child’s grandparents, siblings, and other relatives. The advocate shall report the results of his/her specific duties directly to the Court. 4) Required Reporting of Child Abuse. A CASA advocate is a mandated child abuse reporter with respect to the case to which he/she has been assigned. [CRC Rule 5.655(d)(2).] 5) Advocate’s Right to Timely Notice. The designated CASA organization shall be given timely notice, by the moving party, of any motion concerning a child for whom a CASA advocate has been appointed.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

6) Advocate’s Right to Appear and be Represented. An advocate has the
right to be present and to be heard at all court proceedings involving the
subject child, and to accompany the child into chambers for conferences.
The advocate will not be subject to exclusion by virtue of the fact that
he/she may be called to testify at some point in the proceedings. An
advocate has the right to appear with counsel and to request court-
appointed counsel if the need arises.
7) Visitation Throughout Dependency and Delinquency. The advocate must
visit the child regularly until the child is in a permanent placement.
Thereafter, the advocate must monitor the case, as is appropriate, until it is
dismissed.

C. Education Advocacy; Release of Information to Education Advocate
1) Appointment. The Court, upon the request of any interested person or upon
its own motion, may order the appointment of a specific suitable person
from the CASA Program to serve as an education advocate in a designated
juvenile dependency case.
2) Duties. The appointed Education Advocate shall act as an education
consultant to the Court and the Human Services Department in the matter
of the designated case.
3) Access to Information. The appointed Education Advocate shall have
access to all information contained in the Court’s file, as well as all
information in the possession of the Department of Human Services
relating to the subject case.
4) Reporting. The Education Advocate shall report to the Court either
through the Department or through any CASA who may be appointed as
advocate for the subject child.

D. Service of CASA Reports
The CASA Reports required by Welfare & Institutions Code §102(c)(1) must be served as
follows:
1) Time and Manner of Service. Not later than five calendar days prior to any
hearing at which a CASA Report will first be considered, copies of that Report
must be served on all counsel of record, on the Department of Human
Services/Adult and Children’s Services, and on any party to the proceeding not
represented by counsel. (Note: the Court favors personal service of the Report
over service by mail.)
2) Alternative Service of Reports. If a CASA Report cannot be served on an
attorney within the time established by this Rule and if the Clerk of the
Civil/Juvenile Court maintains a pickup box for that attorney, then CASA may
serve the Report by depositing it in the pickup box maintained by the Clerk for
that attorney. Service in this manner will not be deemed complete unless CASA
has complied with the requirements of the Local Rules. This alternative method of

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service is authorized by the Court in consideration of the non-profit and volunteer status of "Choices for Children". Paragraph 2) amended effective July 1, 2024. 4) Simultaneous Service of Notice by Mail. Whenever CASA delivers a CASA Report to a party’s attorney by use of the attorney’s pickup box maintained by the Clerk of the Court, CASA must immediately serve upon that same attorney, by postage-prepaid first-class mail, a document entitled "Notice of Filing CASA Report" which states the caption of the cause and its case number, and further states that the Report has been placed in said pickup box. This Notice will be required only if the Report so delivered is filed with the Court. 5) Limitations On the Privilege. The service privilege described by these Rules extends to service of CASA Reports only. Paragraph 5) amended effective July 1, 2024.

E. Service of W&I Code Section 388 Petitions
If a CASA advocate files a petition pursuant to Welfare & Institutions Code §388, such
petition must be served according to the provisions of Code of Civil Procedure §§1011,
1012, or 1013.
(Subd E. amended effective July 1, 2024.

F. Proof of Service of CASA Documents
A proof of service indicating the method of service must accompany any document filed
by a CASA advocate in Juvenile Court proceedings, including CASA Reports.

G. Calendar Priority for CASA Matters
Because CASA advocates are providing volunteer services for the benefit of the Court as
well as for the children for whom they advocate, proceedings at which the CASA
advocate appears will be granted priority on the Court’s calendar whenever it is feasible
to do so.

Rule 10.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 16:04 effective July 1, 1996; amended effective July 1, 2008 and January 1, 2019; previously renumbered as 10:04 effective January 1, 2022.

10.05 Dependency Mediation

A. A. Designation of Dependency Mediation Program This Court has established a mediation program for dependency matters. The dependency mediation program operates under Family Court Services, located at 411 Fourth Street, Yreka, CA 96097.

B. B. Mediation Services Provided Services provided by the Court’s mediation program include mediation, as well as

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independent meetings when appropriate. 1) Mediator’s Review. The Mediator is authorized to review the documents in the Court’s file prior to any mediation session. (The Mediator will not draw conclusions of fact during the review process.) 2) Pre-Mediation Session. The Mediator may first meet with agency and party representatives, to begin fact-finding and issue development. These representatives might include attorneys for the parents and children; employees of Adult and Children’s Services; Court Appointed Special Advocates; and when appropriate, the child welfare representative for a Native American tribe. 3) Mediation; and Independent Meetings. The Mediator may conduct mediation sessions with the parents and other interested persons who are involved in the case. When appropriate, the Mediator may meet with individual family members, interested persons, and agency representatives. Any such independent meetings will be conducted in a manner that promotes neutrality. 4) Mediation Agreement. When appropriate, the terms and conditions of a mediation agreement may be reflected in a memo from the Mediator, or may be reduced to a writing signed by appropriate parties to the agreement and their respective counsel. Only written and fully approved mediated agreements may be presented to the Court for its approval and issuance of orders in compliance with the terms and conditions of the agreement. 5) No Agreement. If no agreement is reached in mediation, the Mediator may file a memo with the Court indicating failure of the parties to reach an agreement; the memo will include any additional information that the parties have agreed can be made known to the Court. If no agreement has been reached, the Mediator will not make any recommendations to the Court.

C. Referrals to Mediation
1) Referrals in General. Referrals to mediation may take place after the
filing of a petition pursuant to Welfare & Institutions Code §301, and/or
in any other proceeding pursuant to W&I Code §301, and/or in any other
dependency matter that might benefit from mediation. Referrals to
mediation will be made primarily by the Judge of the Juvenile Court.
Cases will be referred to mediation along the continuum of the dependency
court process, and will remain subject to mediation throughout that process.
Cases generally will not be referred to mediation prior to the jurisdiction
hearing.
The determining factor for referral of a dependency matter to mediation is
not the current status of the case, but whether or not the unresolved issues
of the case would benefit from mediation.

2) Party-Initiated Referrals. Any party to a dependency action may
circulate a “Request for Mediation” form to the interested parties, and
arrange a mutually agreeable date to mediate any issue in the

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proceeding. The requesting party must notify the Mediator of the requested date and time. The party who requests the mediation will be responsible for notifying the participants of the date and time assigned by the Mediator. (The Mediator will not be responsible for providing notice of date and time to any of the anticipated participants.) If an agreement is reached during a party-initiated mediation process, and the agreement creates a change in the relevant circumstances of the case, then the requesting party may file a W&IC §388 petition for the purpose of reporting the agreement to the Court.

3) Additional Participants. Any party who intends to invite additional
participants to the mediation (e.g., family members or support persons)
must so inform the Mediator no less than twenty-four (24) hours prior
to the mediation.

D. Confidentiality
All dependency mediations are strictly confidential. Participants are precluded from
making reference, outside of a mediation session, to matters discussed during the course
of mediation. All participants in mediation will be required to sign a confidentiality
agreement prior to participation.
It is the responsibility of agencies, tribes, and attorneys to advise their representatives,
clients, and any other participants in mediation of the confidentiality requirement.
[Fam.Code §3177; Ev.Code §§ 1115, 1119.]

E. Special Circumstances
1) Children in Mediation. Children may be involved in the mediation process if
the parties to the mediation believe that the children and/or the process would
benefit from that participation. Final discretion as to the children’s
participation lies with the Mediator and the attorney for the children. The
children may be involved in the process as part of an independent meeting
with the mediator and the children’s attorney.
2) Parents In-Custody. Incarcerated parents may attend mediation at the
discretion of the Judicial Officer. If the incarcerated parent is not permitted or
able to attend the mediation, he/she may contribute his/her comments by
submitting an “Issues Form” to the Mediator’s office prior to the mediation.
3) Parties as Victims Of Abuse. When a party to mediation is an alleged victim of
abuse or violence perpetrated by any other participant, the alleged perpetrator
may be excluded from the mediation process. Any request for exclusion on
the basis of abuse or violence must be made to the Court at the time the matter
is referred to mediation, by the alleged victim or that party’s attorney.
The Mediator may meet independently with an alleged perpetrator, depending on
the individual circumstances of the case.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

A victim of abuse or violence is entitled to attend the mediation sessions accompanied by a support person. The support person may provide moral support, but must not interfere with the mediation process.

Amended effective July 1, 2024, renumbered as Rule 10.05 effective January 1, 2022; originally adopted as Rule 16.05 effective July 1, 2000; amended and renumbered effective July 1, 2008.

10.06 Reserved

Renumbered as 10.06 effective January 1, 2022; originally adopted as Rule 16:06 and deleted effective July 1, 2002.

10.07 Confidentiality All persons interested in dependency proceedings are hereby notified of the provisions of Welfare & Institutions Code §827, et seq., and of Rule 5.552 of the California Rules of Court, which restrict access to information relating to dependency proceedings. The Court may, from time to time, enact or issue an order to specify local rules and procedures related to access to, and dissemination of, confidential juvenile information. Rule 10.07 renumbered effective July 1, 2024; previously adopted as Rule 16:07 effective January 1, 2007; previously renumbered as Rule 10:07 effective January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CHAPTER 11: JUVENILE JUSTICE RULES

11.01 General Applicability of The Siskiyou County Local Rules of Court To Juvenile Justice Proceedings Except to the extent that there may be a conflict with this Chapter 11, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully set forth at length and are hereby made applicable to all juvenile justice proceedings. Rule 11.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 17.01 effective July 1, 2002; previously renumbered as Rule 11.01 effective January 1, 2022.

11.02 Calendar Matters

A. A. Juvenile Justice Master Calendar The Court maintains a weekly master calendar for juvenile justice proceedings; however, cases assigned to that calendar may be subject to calendar changes. Interested persons can confirm the date and time of a calendared juvenile justice matter by calling the Court’s Calendar Coordinator or the Civil/Juvenile Division. (Subd A. amended effective July 1, 2024.)

B. B. Detention Hearings in Juvenile Justice Proceedings In general, detention matters in juvenile justice cases will be set for hearing at 1:15 PM daily, except on the master calendar day when they will be set at 1:30 PM. If a juvenile justice detention matter must be heard at any time other than as set forth in this Rule 11.02.B, the detaining agency must give notice to the Court’s Calendar Coordinator by no later than 3:00 PM on the court day before the proposed hearing, so that the Coordinator can reserve a bench officer, a reporter, and security personnel. It is the responsibility of the detaining agency to give timely notice of the date and time of the detention hearing to the Supervising Clerk of the Civil/Juvenile Division, as well as to all parties and all counsel who may have been appointed. (Subd B. amended effective July 1, 2024.) Rule 11.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 17:01 effective July 1, 2002, amended effective July 1, 2010 and January 1, 2019; previously renumbered as Rule 11:02 effective January 1, 2022.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

APPENDICES

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

APPENDIX 1: RULES FOR DECORUM IN THE COURTROOM

Persons appearing in the courtroom must adhere to the following "Suggestions for Uniformity of Courts and Courtroom Etiquette" approved in 1956 by the Conference of California Judges (now California Judges Association) and modified for use in the Superior Courts comprising the Third Appellate District.

Section 1. PREAMBLE Fully mindful of our responsibility with regard to courtroom etiquette, these rules are intended to foster a calm and dignified atmosphere in our courts. In all courts there is some formality and the need for courtesy on the part of participants and observers. These matters vary greatly, and there should be an effort toward uniformity and a general guide whereby persons attending our courts may know what is correct courtroom behavior. It is recognized that because of great differences in local customs, thought, climatic conditions and courtroom facilities, complete agreement and uniformity of formality and etiquette may not be immediately obtainable; however, a violation of these rules, without reasonable justification will be sanctionable pursuant to Code of Civil Procedure §177.5.

Section 2. OPENING OF COURT (a) Court will be formally opened each day at the commencement of the morning session. (b) The opening formalities and procedure will be as follows: shortly before the scheduled time, the judge will notify the bailiff and other court officers. This will be the signal to court officers and attorneys to terminate conversations, go to their respective positions, discontinue arranging papers, and in general to be prepared. As the judge enters the courtroom, the bailiff will pause and wait until the judge is standing by the bench and facing the flag, and all persons are standing and quiet, and then will say, in a clear and impressive tone, the following:

"Everyone please stand and come to order. The Superior Court of California for the County of Siskiyou is now in session, Honorable [name], Judge presiding."

The bailiff will pause until the judge is on the bench and ready to be seated, then rap with the gavel and state: "Please be seated." If a jury panel is present to be sworn, the bailiff may say: "Jurors remain standing for the oath; all others be seated."

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

(c) Following court recesses, upon opening court it will be sufficient

for the bailiff simply to say: "Remain seated and come to order. Court is again in session."

Section 3. CONDUCT OF ATTORNEYS (a) Except in condemnation proceedings, the side of the counsel table nearest to the jury box will be occupied by the plaintiff or moving party and the attorney for that party, and the other side by the defendant and the attorney for defendant. (b) Attorneys must rise and remain standing when addressing the Court or a jury, except in the case of an objection or statement of only a few words. (c) Attorneys must address the Court from their position behind the counsel table or from a lectern. (d) Attorneys must examine witnesses from their position behind the counsel table, and may properly, at their option, be seated or standing. Where a lectern in provided, counsel desiring to stand must stand at the lectern. With the Court's permission, it is proper for counsel to approach witnesses who are hard of hearing or when counsel is handling exhibits, or to stand at the blackboard when questioning the witness concerning a map or diagram. This procedure will be observed in all proceedings, including default and probate matters. (e) Attorneys must not, in addressing the jury, crowd the jury box nor address the jury in a loud voice or in an undignified manner. When a lectern is provided, attorneys must address the jury from the lectern. (f) Attorneys, during trial, must not exhibit familiarity with witnesses, jurors, or opposing counsel; the use of first names must be avoided. During argument, counsel may not address any juror individually or by name. (g) Attorneys must be respectful towards the Court and must address the Court in the third person, as "The Court will remember the testimony", not, "You will remember". When the judge is on the bench, he or she may be addressed as "Your Honor", but never as "You" or "Judge". Counsel must "invite", not "direct", the Court's attention. The proper form of an opening statement or argument is "May it please the Court", not, "If the Court please". (h) Attorneys must refrain from interrupting the Court or opposing counsel until the statement being made is completed, except when absolutely necessary to protect the client's rights on the record, and must respectfully await the completion of the Court's statement or opinion before undertaking to point out objectionable matters. When objection is made to a question asked by an attorney, that attorney must refrain from asking the witness another question until the Court has had opportunity to rule upon the objection. (i) Objections and arguments must be made to the Court rather than to opposing counsel. (j) When trial counsel completes examination of a witness, indication shall be made to opposing counsel by stating "You may inquire", instead of, "That is all". (It is found that the latter expression frequently results in departure of the witness from the stand before the examination is concluded.) (k) During the argument of opposing counsel, other counsel must remain seated at the counsel table and listen respectfully. Counsel must not get up and walk about or make asides to others, so as to divert attention of the Court or jury, or to express feelings. (l) After a matter has been argued and submitted and the Court has announced its decision, counsel shall gracefully accept the decision and shall not make further comment or argument, unless upon request the Court reopens argument. (m) In criminal cases, the defendant and attorney for the defendant shall stand

Appendix 1, page 2 of 4

before the bench in waiving arraignment or entering plea, and at the time of passing sentence.

Section 4. BEHAVIOR IN GENERAL, INCLUDING DRESS (a) Bailiffs must be in uniform. During trial the bailiff must sit properly at the bailiff's desk and must alertly observe the courtroom, so as to be ready at all times to be of assistance or deal with any situation that may require his or her attention. (b) Attorneys and other officers must always be attired in proper and dignified manner, and abstain from any apparel or ornament calculated to attract undue attention. (c) Recognizing that the courts belong to the people, judges cannot impose personal preference as to attire of participants in court proceedings and must be mindful and tolerant of changing fashions and reasonable individual idiosyncrasies. However, no witness, litigant, or juror may enter or remain in the courtroom in a condition so dirty, slovenly, bizarre, revealing, or immodest so as to distract from the orderliness and concentration of the trial. (d) Judges and attorneys must avoid tardiness in court engagements. However, when unavoidably delayed, they will explain the reason for such delay. (e) Before entering a courtroom where court is in session, all persons must first remove overcoat, hat, and similar items, rather than do these things after entering the courtroom and thereby causing a diversion. (f) When court is in session, no person may eat, drink, smoke chew gum or tobacco, read newspapers or magazines, knit, attend crying children, converse, or do anything else that might be offensive or distracting to any other person person in the courtroom. (g) No person in the courtroom may ever, by facial expression of incredulity, shaking of the head, or other conduct, show feeling concerning any testimony that is being given by a witness on the stand or statements made by the judge or counsel. (h) The judge will at all times endeavor to put witnesses, young attorneys, jurors and others appearing in the court at ease by kindly and friendly demeanor. (i) The swearing-in of witnesses is not to be conducted as a mere formality, but must be done in a manner that will impress upon the witness the importance of his or her testimony, Witnesses must be sworn individually, except in default cases. (j) The space behind the bar is normally reserved for court employees and attorneys. Clients and witnesses must not venture beyond the bar except when necessary to confer with counsel. No one may walk between the bench and counsel table unless the construction of the courtroom makes such path necessary.

Section 5. JURORS (a) It must be remembered that jurors are making a great personal sacrifice to give their time to assist the Court and the community; hence they are entitled to every consideration and courtesy. (b) The judge shall be careful in reading instructions, to read slowly and with proper emphasis, so as to make them as clear as possible. (c) The judge shall, and attorneys and court employees must, make every effort to avoid inconveniencing a jury panel by having them called in, or not called off, in the event a scheduled matter will not be tried. (d) At each recess, the jurors will be allowed to leave the courtroom before the spectators.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

(e) When a case is taken from the jury in the event of a non-suit or a

settlement, the judge, in dismissing the jury, shall briefly explain the procedure and the reason why a verdict was unnecessary.

Section 6. COURT REPORTERS For the proper preservation of the record of proceedings in the court, the following procedures must be adhered to: (a) Witnesses and counsel must face the direction of the court reporter, if one is present, when testifying or addressing the Court. (b) Counsel must seek permission of the Court for all requests for read back of testimony or other material from the court reporter. (c) Counsel must not instruct the court reporter that statements are off the record. Counsel desiring to have the proceedings deemed off the record must seek permission of the Court. Unless directed by the Court, all proceedings while the Court is in session are part of the Court’s official record and will be reported by the court reporter.

Section 7. IMPLEMENTATION (a) Attorneys must advise their clients and witnesses concerning court formalities and etiquette, and explain to them that the reasons for such proper behavior are to avoid offense to others and, by their conduct, to show respect for the Constitution and laws of the state and of the Court as an institution. (b) Judges, upon impaneling and qualifying new juries, shall mention and explain these rules, insofar as they apply to jurors. (c) Any infraction of these rules, if deemed worthy of notice or admonition, must be dealt with in a kindly and diplomatic manner. If it is a matter for the bailiff, the bailiff must communicate with the person involved as privately as possible. If it is a matter involving counsel, the Court generally shall speak to counsel in chambers rather than causing embarrassment in open court.

NOTE: The foregoing suggestions were presented by the Committee on Courtroom Etiquette and Formalities to the 1956 Conference of California Judges at its annual meeting, and on motion duly made and seconded, the suggestions were approved. These suggestions were subsequently adopted by the Third District Court of Appeal and by the Siskiyou County Superior Court, and most recently amended effective January 1, 2002.

Appendix 1, page 4 of 4

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

APPENDIX 2: CODE OF ETHICS

CODE OF ETHICS

FOR THE COURT EMPLOYEES OF CALIFORNIA

A fair and independent court system is essential to the administration of justice in a democratic society. Exemplary conduct by court employees inspires public confidence and trust in the courts, and conveys the values of impartiality, equity, and fairness that bring integrity to the court’s work. Further, court employees are expected to adhere to a high standard of ethical behavior. To advance these values and to achieve justice we believe certain ethical principles should govern all that we do. We therefore commit ourselves to:

Tenet One Provide impartial and evenhanded treatment of all persons;

Tenet Two Demonstrate the highest standards of personal integrity and honesty in all our professional and personal dealings, avoiding the misuse of court time, equipment, supplies, or facilities for personal business;

Tenet Three Behave toward all persons with respect, courtesy, patience, and responsiveness, acting always to promote public esteem in the court system;

Tenet Four Safeguard confidential information, both written and oral, unless disclosure is authorized by the court, refusing ever to use such information for personal advantage, and abstain at all times from public comment about pending court proceedings, except for strictly procedural matters; Tenet Five Refrain from any actual impropriety, such as: violating the law, soliciting funds on the job, receiving gifts or favors related to court employment, accepting outside employment that conflicts with the employee’s duties, recommending private legal service providers to the public on the job, or using position at court to benefit self, friends, or relatives;

Tenet Six Avoid any appearance of impropriety that might diminish the integrity and dignity of the court;

Tenet Seven Serve the public by providing accurate information about court processes that is as helpful as possible without taking one side over the other, or appearing to favor one side of a case;

Tenet Eight Provide responsible and accountable stewardship of public resources;

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Tenet Nine Provide accurate information as requested in a competent, courteous, and timely manner. Improve personal work skills and performance through continuing professional education and development; Tenet Ten Guard against and, when necessary, repudiate any act of discrimination or bias based on race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, or sexual orientation;

Tenet Eleven Renounce any use of positional or personal power to harass another person sexually or in any other way based on that person’s race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, sexual orientation, or other personal choices and characteristics; and Tenet Twelve Protect the technological property of the court by preserving the integrity of electronically stored information.

GUIDELINES

The following guidelines are intended to clarify and provide direction for the application of the tenets to which we subscribe:

Guideline for Tenet One All persons coming to the court for assistance are entitled to fair and IMPARTIALITY equitable treatment, regardless of their personal behavior or legal situation. Court employees must remember that they are often dealing with people who may be having one of the worst experiences of their lives. They must offer to angry, confused, and sometimes deceitful court users the same level of competent and impartial help that they provide to those who are pleasant and appreciative. While every court employee has the right to freedom of association and political expression, he or she does not have the right to take sides in a legal dispute, interject himself or herself into the legal decision- making process, second-guess a judge’s ruling, or give the appearance of partiality on any issue that is likely to come before the court. The procedural integrity of the court must be protected at all times.

Guideline for Tenet Two The fundamental attitudes and work habits of individual court PERSONAL employees are of vital importance. Honesty is paramount. INTEGRITY Employees should set an example for others and must not misuse the court’s resources, including, but not limited to, the telephone, facsimile machine, copying machine, e- mail, or internet access. Employees must not abuse their privileges, and must contribute to the integrity of the entire court staff by striving to avoid factionalism and inspire mutual support and trust.

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Guideline for Tenet Three Employment in the court system is a public trust engendered by the PROFESSIONALISM citizens’ confidence in the professional knowledge and competency and personal integrity of the officers and employees of the judicial branch. A professional knows every aspect of his or her job and can provide complete, understandable answers to the public’s questions. A professional presents a businesslike image of methodical and systematic efficiency and does not abuse the position of power that special knowledge affords. A professional never criticizes a co-worker in public nor denigrates a court user at any time. A professional raises conflict resolution to an art form, always seeking to preserve the dignity of the individuals involved in a dispute, thereby preserving the dignity of the court. The word “respect” is never far from the professional’s mind Guideline for Tenet Four Sensitive information acquired by court employees in the course of CONFIDENTIALITY discharging their official duties must never be revealed until it is made a matter of public record. Sometimes breaches of confidentiality do not involve intentional disclosure of official court records but are the result of innocent and casual remarks about pending or closed cases, about participants in litigation, or about juries, any of which could give attorneys, litigants, and reporters confidential information. Such remarks can seriously compromise a case or a person’s standing in the community. Court staff should discuss cases only for legitimate court reasons and must handle sensational or sensitive cases with great care.

Guideline for Tenet Five Improprieties can take many forms. A court employee who uses his IMPROPRIETY or her title, badge, court affiliation, or other special access to the judicial system for personal gain or to avoid personal legal consequences is engaged in improper conduct. Examples of improper behaviors include seeking any favor, soliciting any gift, or actually receiving, directly or indirectly, any gift or the promise of one, whether it be money, services, travel, food, entertainment, or hospitality that could be construed as intending to influence the employee in performing his or her duties or as a reward for past or future services; or accepting outside employment that interferes with the employee’s effectiveness or conflicts with the proper discharge of official court duties. A court employee must not, for example, seek special consideration for his or her traffic citations, jury duty, or parking violations. In addition, any conduct that casts doubt upon the integrity and impartiality of the legal system is forbidden. For example, a court employee must not improperly intervene in expediting administrative processes, facilitate a favorable disposition to a case, or provide access to confidential case information to benefit self, friends, or family members. Moreover, while on the job an employee must not recommend private legal counsel to a member of the public. While court employees cannot regulate the conduct of others, they can conduct themselves in a manner that inspires public confidence in the role they play in the pursuit of justice. Proper conduct involves daily and scrupulous affirmation of moral principles and observance of all laws, rules, policies, and procedures.

Appendix 2, page 3 of 5

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Guideline for Tenet Court employees are expected to refrain from engaging not only in Six improper behavior but also in behavior that others might perceive to APPEARANCE OF be improper. Any activity that gives the impression that court IMPROPRIETY employees can be improperly influenced in the performance of their official duties is prohibited. A court employee must not, for example, openly discuss the merits of cases pending before the court or be overly solicitous to litigants or counsel, which could give the appearance of preferential treatment. Moreover, a court employee must not be involved in the hiring decision of a relative or close friend, as such involvement may give the appearance of an unfair advantage in the hiring process. To gauge the propriety of an action, consider how it would be viewed by the community if the action were made public. Guideline for Tenet Seven Given the experience and visibility of court employees, it is natural PROHIBITION for those who deal with the court, including attorneys and litigants AGAINST GIVING as well as the general public, to ask questions such as: “Should I LEGAL ADVICE fight this?” “How do I fight this?” “To whom should I go for legal assistance?” “What does the law say?” Court employees can and should provide information that is within their own level of professional training and experience, so long as the information does not compromise the neutrality of the court or the court’s appearance of neutrality. For example, court employees can and should patiently explain how to file forms and pay fines, and should clarify legal language and the court’s policies attendant to procedural due process and assist self-represented litigants in court self-help centers. They should provide litigants with information about non-profit legal services agencies, certified lawyer referral service programs and court-based self- help assistance. They must not, however, cross the line separating court employees, whether licensed attorneys or not, from attorneys practicing law in the community. Court employees must not give any legal or procedural information that tends to favor one side of a case. Court employees should cite this tenet when pressed by those seeking legal advice.

Guideline for Tenet Eight Court resources must be used for the benefit of the citizens of our PUBLIC RESOURCES state. These resources include staff time, equipment, facilities, information systems, and the money allocated to the court. Court employees must ensure proper accountability of the court’s resources. Use of these resources must be transparent to the public and beyond reproach. Resources must not be expended simply for the direct benefit of individual employees or judicial officers. Physical resources must be safeguarded to avoid unnecessary damage or wear. Equipment must be properly maintained and replaced when appropriate. All court employees should constantly look for improved efficiency in job processes. Deficiencies and safety hazards must be reported and addressed in a timely manner. Sound business practices must be employed in managing contracts to avoid waste of court resources.

Appendix 2, page 4 of 5

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Guideline for Tenet Nine A major responsibility of all court employees is to provide accurate SERVICE AND and timely information. When providing information, whether orally COMPETENCY or in writing, present it in as easily understandable a format as the inquiry allows, and avoid legal jargon whenever possible. The laws and rules under which the courts operate are continually changing as a result of legislative actions, higher court decisions, and evolving values and technologies. Court employees are encouraged to participate in professional activities and associations. Court employees must participate in educational programs to stay abreast of changes and to improve their personal and professional skills. Court managers at all levels of the California court system should initiate and oversee ongoing professional growth programs for all court employees, including study of ethics-related issues. Guideline for Tenet Ten Each day court employees assist users of court services of many races, religions, national origins, languages, sexual orientations, andDISCRIMINATION varieties of personal abilities and appearance. They may deal with accused felons, child abusers, participants in painful dissolutions, those grieving from an injury or loss of a loved one, or people experiencing any one of numerous kinds of human pain or dysfunction. Court employees are expected to treat each other and each user of court services equally and with compassion.

Equal access to the court system and equal treatment for all are the cornerstones of the administration of justice. Court employees must expose and discourage discrimination wherever it exists.

All court employees must conduct themselves in a professionalGuideline for Tenet Eleven manner at all times. Court employees must not engage inHARASSMENT inappropriate, offensive, or unwelcome conduct of a sexual nature, or inappropriate or offensive conduct based upon a person’s race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, sexual orientation, or other personal characteristic, regardless whether it rises to the level of harassment. Court employees are expected to treat all persons with dignity and respect and, by doing so, will foster a work environment that is free from harassment. Court employees should follow their appropriate local reporting procedures in reporting their concerns about inappropriate behavior so that their issues can be addressed.

Guideline for Tenet Twelve Information retained in electronic files must be safeguarded like any other official court document. Its confidentiality should be assumed unless otherwise specified. To preserve the integrity of electronic systems, court employees must monitor court electronic information and take appropriate steps to ensure that the information is accurate. Great care should be taken in the transmission of electronic data and communications so as not to embarrass the court or the sender if read by an unintended recipient. Court employees may not install personal software or equipment without prior approval, nor may they take copyrighted software outside the court for personal use.

Appendix 2, page 5 of 5

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

APPENDIX 3: DECLARATION RE EX PARTE NOTICE (SC-CV-1)

NAME OF APPLICANT OR ATTORNEY FOR APPLICANT: (FOR COURT USE ONLY)

ADDRESS:

TELEPHONE: SISKIYOU COUNTY SUPERIOR COURT 411 FOURTH STREET YREKA, CALIFORNIA 96097

IN THE MATTER OF:

PETITIONER / PLAINTIFF: CASE NUMBER

RESPONDENT / DEFENDANT:

DECLARATION RE EX PARTE NOTICE

I, the undersigned, declare under penalty of perjury that

1. I am: (1) unrepresented Petitioner/Plaintiff unrepresented Respondent/Defendant

(2) the attorney for: Petitioner/Plaintiff Respondent/Defendant

(3) other (explain):

2. The opposing party is represented by counsel: Yes No If you checked “yes”, fill in attorney’s name, address and telephone number:

3. The parties to this action have been involved in another Family Law, Domestic Violence, Family Support Div., Paternity, Criminal,
Guardianship,
or Juvenile Court case. YES NO.

If there has been another case, state the County in which itis pending , and the case number

4. I have given notice of this ex parte application YES NO (If you answered “No”, skip #5 - #9 and complete the rest of the form.)

5. I gave notice to , on at
(Name) (Date) (Time)

6. The notice included the information contained in Attachment 1 of this declaration.

7. I gave notice to that I would appear for hearing on these orders at (AM) (PM)on

in Dept. of the Yreka Courthouse, Superior Court of California, County of Siskiyou, 411 4th St, Yreka,

CA 96097.

8. A copy of these pleadings was given to: by the following method:

personal delivery overnight letter or other overnight carrier fax transmission other (explain):

9. I have received the following response:

10. I anticipate that the other party WILL oppose this application. I anticipate that the other party WILL NOT oppose this application.

Mandatory Form APPENDIX 3 Mandatory Form Revised effective 7/1/2020 Appendix 3 Page 1 of 2

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

Rev. 1/1/19 PAGE 1 OF 2

11. I have NOT given notice of the present application for ex parte orders because:

Notice would frustrate the purpose of the orders sought.

Applicant would suffer immediate and irreparable harm before the orders could issue.

This is an application for Domestic Violence Prevention Act (DVPA) restraining orders.

No significant burden or inconvenience to the responding party will result.

The orders requested are those permitted without notice by local rule.

I made reasonable, good faith efforts to give notice, described as follows:

Other:

EXPLAIN WHY YOU CHECKED ANY BOX IN ITEM 11:

12. I believe that the other party’s abuse of alcohol drugs is a major factor in his/her offensive behavior.

13. If you are asking that anyone else be protected, then his or her name, age, relationship to you, and need for protection must be stated.

NAME & AGE RELATIONSHIP WHY PROTECTION NEEDED LIVES IN MY RESIDENCE
(CIRCLE YES OR NO)

a. YES NO

b. _ YES NO

c. YES NO

d. _ YES NO

e. YES NO

14. Are you in mediation? YES NO If so, have you notified the Court Mediator of this application? YES NO.

    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,

and that this declaration was signed at , California, on , 20 ,

Signature of Declarant

Print Name:

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT Siskiyou County Court Rule 14.06(C)(2) CONFIDENTIAL

CASE PARTY INFORMATION

The following information is required by Siskiyou County Superior Court for effective case management.

PLAINTIFF/PETITIONER/VICTIM

Legal Name: _________________________ _________________________ ___________________ (Last) (First) (Middle initial)

AKA: _________________________ _________________________ ___________________ (Last) (First) (Middle initial)

Residence Address: _______________________________, ____________________, ___, ________ (Street) (City) (State) (Zip Code)

Mailing Address: _______________________________, ____________________, ___, ________ (Street) (City) (State) (Zip Code)

Date of Birth: _____________________________ SSN: __________________________________

List any other Siskiyou County Superior Court cases that exist for you or the other party:

---

---

DEFENDANT/RESPONDENT

Legal Name: _________________________ _________________________ ___________________ (Last) (First) (Middle initial)

AKA: _________________________ _________________________ ___________________ (Last) (First) (Middle initial)

Residence Address: _______________________________, ____________________, ___, ________ (Street) (City) (State) (Zip Code)

Mailing Address: _______________________________, ____________________, ___, ________ (Street) (City) (State) (Zip Code) Date of Birth: _____________________________ SSN: __________________________________

List any other Siskiyou County Superior Court cases that exist for you or the other party:

---

Mandatory Form Appendix 4 Page 1 of 1

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1 Name: 2 Address: 3

4

5 IN PRO PER

6

7

8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA, 9 COUNTY OF SISKIYOU

10

11 In the Matter of the Adoption Petition of: Case No.: 12 [Pleading Title] 13 (specify case name) 14

15

16 I, (name), am the (explain relationship to the

17 case) in this matter. 18 On (date), a decree of adoption was entered in this matter, decreeing 19 (name of adopted person) to be the adopted child of 20 (name of adoptive parent(s)). 21 I am requesting to inspect the adoption records for these reasons (state all reasons why there is a 22 necessity for you to inspect the records, using more than one paragraph): 23 24

25

26

27

28 Mandatory Form

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 Wherefore, (your name) prays for an order directing the clerk of the court

23 to allow inspection and copying by the petitioner of the confidential court records in this 24 /// 25 /// 26 /// 27

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1 matter, including the names of the birth parents. 2

3 Date:

4 (Signature of petitioner) 5

6 VERIFICATION 7 I, , (name), am the petitioner in this proceeding. 8 I have read the foregoing petition and know the contents thereof. The same is true of my own knowledge, 9 except as to matters therein alleged on information and belief, and as to those matters, I believe them to be true. 10 I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and 11 correct. 12 Date: 13 (Signature of petitioner) 14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 Mandatory Form

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1

2

3

4

5

6

7 SUPERIOR COURT FOR THE STATE OF CALIFORNIA, 8 COUNTY OF SISKIYOU 9

10 In the Matter of the Adoption Petition of: Case No. (if known):11 12 Order on Petition to Inspect Adoption Records 13 (specify case name) 14

15

16

17

18 The Court has reviewed (name of petitioner) Petition to 19 Inspect Adoption Records, filed on (date of filing). 20 Upon consideration, the Court hereby Grants/ Denies (name of petitioner) request to inspect and or copy the following documents: 21

22

23 Dated: 24 Judge of the Superior Court 25

26

27

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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

1 LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

2 APPENDIX 6: FORM OF ACCOUNTS

3 FORM OF ACCOUNTS 4

The following information must be included in every financial report

5 that is required pursuant to the Probate Code, and it must appear in substantially the format shown. 6

7

8 The petitioner is chargeable with, and is entitled to credits for, certain items as set forth in this Summary of Account. The 9 referenced supporting schedules are attached hereto, and are incorporated herein by this reference: 10 SUMMARY OF ACCOUNT 11 CHARGES 12 Amount of Inventory and Appraisement (or, if subsequent account, amountchargeable from prior account)...................$ ________. 13 Receipts During Account Period(Schedule "A).............$ ________. 14 Gain on Sales(Schedule "B") ............................$ ________.

15 TOTAL CHARGES..........................................$ ________.

16

17 18 CREDITS

Disbursements During Account Period(Schedule "C")......$ __________.__19 Loss on Sales(Schedule "D") ...........................$ ________.

20 Other Credits (property distributed, homestead, or other property set apart)(Schedule "E")......$ ________. 21 Property on Hand(Schedule "F") ........................$ ________. 22

23 TOTAL CREDITS...................................$ ________. 24

25 The summary must be supported by detailed schedules. The schedules of receipts and disbursements, unless properly waived, must show the nature or26 purpose of each item, and the date thereof. The schedule of property currently on hand must describe each item, and must indicate its appraised27 value.

28

Optional Form
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LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

APPENDIX 7: CITATION TO PARENT (SC-AD-3)

SISKIYOU COUNTY SUPERIOR COURT (FOR COURT USE ONLY) 411 Fourth St., Yreka, California 96097

IN THE MATTER OF THE PETITION OF

(name of adopting parent) To Declare Minor (name of minor) Free From the Custody and Control of

(name of parent)

CASE NO.

CITATION TO PARENT Date of Hearing:

Time of Hearing:

Courtroom:

FROM: THE PEOPLE OF THE STATE OF CALIFORNIA

TO:

By order of this Court you are hereby advised that you may appear before the judge presiding in Courtroom of the Court, located at 411 4th Street, Yreka, California, on , 20, at : am/pm, then and there to show cause, if any you have, why______________(name of minor) should not be declared free from your custody and control for the purpose of placing said child for adoption.

The following information concerns rights and procedures that relate to this proceeding for the termination of custody and control of_______________________, as set forth in Family Code Section 7800, et seq..

1. At the beginning of the proceeding, the Court will consider whether or not the

interests of the minor require the appointment of counsel. If the Court finds that the interests of the

minor do require such protection, the Court will appoint counsel to represent him/her, whether or

Optional Form Revised effective 7/1/2020 Appendix 7 Page 1 of 2

not the minor is able to afford counsel. The minor will not be present in court unless he/she so

requests or the Court so orders.

2. If the cited parent of the minor appears without counsel and is unable to afford

counsel, the Court must appoint counsel for the parent, unless the parent knowingly and

intelligently waives the right to be represented by counsel. The Court will not appoint the same

attorney to represent both the minor and his/her parent.

3. The Court may appoint either the public defender or private counsel. If private counsel

is appointed, he/she will receive a reasonable sum for compensation and expenses, the amount of

which will be determined by the Court. That amount must be paid by the real parties in interest (but

not by the minor) in such proportion as the Court believes to be just. If, however, the Court finds

that any of the real parties in interest cannot afford counsel, the attorney fees will be paid by the

Court or County as statutorily appropriate, wholly or in part.

4. The Court may continue the proceeding for not more than 30 days, as necessary,

to appoint counsel andto enable counsel to become acquainted with the case.

Date: By: Deputy Clerk

Optional Form Revised effective 7/1/2020 Appendix 7 Page 2 of 2

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

PARTY WITHOUT ATTORNEY OR ATTORNEY NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: E-MAIL ADDRESS:

SUPERIOUR COURT OF CALIFORNIA, COUNTY OF SISKIYOU STREET ADDRESS: 411 4th Street MAILING ADDRESS: 411 4th Street CITY AND ZIP CODE: Yreka 96097 BRANCH NAME:

Petitioner/Plaintiff: CASE NUMBER:
Respondent/Defendant:

REQUEST FOR COURT REPORTER BY A
PARTY WITH A FEE WAIVER

A party who has been granted a waiver of court fees and costs may request the services of a court reporter for a proceeding for which a reporter is not normally available and for which an electronic recording is not provided. See policy regarding official court reports, Local Rule 2.02.

A request must be made for each proceeding for which a reporter is requested, a must be filed with the clerk at least 10 calendar days before the date set for the proceeding, or at the time the proceeding is scheduled if less than 10 days away, or at such other time as the court may require. Failure to comply with the request procedure may result in the court being unable to provide a court reporter or a continuance of the hearing. Note: The court is not obligated to provide a transcript free of charge to a party who has been granted a waiver of court fees and costs.

If eligible, the court will try to schedule a court reporter for the date and time of the court proceeding but cannot guarantee that one will be available. Given the general unavailability of court reports, availability of a court report will not be given until the date of the trial or hearing.

REQUEST

I ___________________________, had a waiver of court fees and costs approved by the court on (date of fee waiver) __________________________, and I request a court reporter for ___ trial or ___ hearing on (date of trial or hearing) __________________.

Date: ______________________________ By: _______________________________

SC-CV-5 REQUEST FOR COURT REPORTER Mandatory form BY A PARTY WITH A FEE WAIVER

Mandatory Form Revised effective 7/1/2020 Appendix 8 Page 1 of 1

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

INDEX FAX, i, 7, 8, 9, 3, iii, iv, v, i
Filing Fees, i, 9
Adjudication, i, 7 for Cause, 7, iv, v

administrative mandamus, 11 15, 1, iii, iv, v, vi
Amend, 7
Appeal, ii, 4, 3, 4, iv, v
Appearance, ii, iii, 9, 2, 9, 5, 6, 9, 3, 2, 3, 13, 7,
iii, iv, v, vi
Appellate Division, i, 3, 4, 8
Approval, 9, 10, 3, 16, 12, vi
Arbitration, ii, 2, 5, 6, 7, iv, v
Arraignment, ii, 3
Arrest Warrants, ii, 3
Attachment, 5, 6, 1, iii
Attorney Fees, ii, 1, 2, iv, v, vi
Bail, ii, 1, 2, 1, 2, vi
brief, 4, 10, 11, 4
Brief, 9, iv, v
Briefs, 3, 2, 10
broadcasting, 3
CACI, 7, iii, iv, v
Case Management, i, 1, 2, 3, 4, 5, 8, iv, v
Case Party Information, i, 10
cellular phones, 3
Citation of Rules, 1
Clerk’s Transcript, 3
Complaints, ii, 1, 4, 3
Construction and Application of Rules;
Publisher of Rules
Attorney, 1
Pro Per, 1
Court Reporter, i, 1, 2
Criminal Matters, 4, iii, vi
declaration, 1, 3, 4, 5, 6, 9, 2, 7, 11, 2, 4, 10, 11,
12, 13, 4, 5, 6, 15, 20, 21, 1, 2
Decorum, i, 2
Default, ii, 6, 1, 8, 9, 10, 11, 13, iii, iv, v, vi
Defendant, 1, 6, 8, 1
Definitions of Words Used in these Rules, 1
Disagreement, 10
Discovery, ii, 4, 3, iii
Effect of Rules, 1
Effective Date of Rules, 1
Ethics, i, 3, iii
Evidence, 8, 2, 14, iii, iv, v
ex parte, 4, 9, 2, 3, 4, 5, 6, 7, 1, 9, 7, 11, 2, 4, 15,
16, 20, 1, 4, 1, 2
Ex Parte, i, iii, i, 4, 9, 2, 3, 4, 5, 6, 2, 3, 4, 15,
20, 1, iii, iv, v, vi
Excuse, 5
Exhibit, 9
Exhibits, ii, 7, 11, 9
Facsimile, i, 7, iv, v
Family Law, i, ii, 7, 8, 10, 1, 2, 3, 7, 8, 13, 14,

Revised effective 7/1/2020 Index Page i of ii

foreperson, 2 Summons, 1, 8 Format Of Papers, 1 Hearing, iii, 8, 11, 4, 6, 2, 4, 11, 14, 2, 3, 5, 16, 2, 7, 1, iv, v, vi In-Custody, 1 Interpreters, i, 6, iv, v Judgment, i, ii, 7, 2, 3, 10, 11, 12, 13, 14, iii, iv, v, vi Judicial Council Forms, 2, 1 Jurors, 7, 1 jury, 2, 4, 5, 3, 6, 7, 8, 9, 10, 1, 2, 3, 4, 3 Jury, i, ii, 4, 5, 6, 7, 9, iv, v, vi Jury Selection, i, 4 Jury Service, i, 4, 5 Law & Motion, i, 1, 7, 8, iii, iv, vi mandate, 10, 11, 1 Memorandum, i, 8, 9, vi Motions, i, ii, 4, 1, 2, 7, 4, 5, 6, 8, 9, 2, 4, iv, v oral argument, 4 Peremptory, i, 10, 7, iv, v person, 1, 2, 4, 6, 3, 7, 8, 2, 6, 1, 2, 13, 2, 4, 15, 2, 4, 5, 9, 10, 14, 15, 16, 18, 20, 21, 4, 5, 9, 2, 3, 4, 2, 3, 5, 1 Petition, iii, i, 11, 2, 13, 14, 15, 16, 1, 2, 5, 6, 7, 8, 11, 15, 1, 4, vi photographing, 3 Plea, ii, 10 Possession, 5, iii Preliminary Examination, 4, 5, iii Preliminary Examinations, ii, 4 Pro Per, i, 10 Probate, i, iii, 2, 6, 7, 10, 1, 3, 6, 8, 1, 15, 1, 2, 3, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 1, iii, vi prohibition, 10, 11 Proof, 3, 11, 8, 2, 3, 6, 17, 19, 6, iii, iv, v, vi proposed order, 5 Reasonable, 3, 1 Record, 11 recording, 3 Reply, 2, iv, v Request For Order, 4 Search Warrants, ii, 3 Service, ii, 4, 1, 3, 11, 1, 8, 9, 2, 4, 7, 1, 3, 13, 2, 6, iii, iv, v, vi Settlement, ii, 2, 4, 5, 6, 8, 9, 12, 14, iii, iv, v Settlement Conference, 4, 9, iv, v Shortening Time, 4, iii Smoking, i, 2 Substitution Of Attorneys, i, 10 Summary, i, 7, 1 Revised effective 7/1/2020 Index Page i of ii

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT Telephonic, i, 9, 8, 9, 5, 2, iii, iv, v, vi Unlawful Detainer, ii, 8, 10, iii Telephonic Appearances, i, 8, 5 Vaping, i, 2 Tentative Rulings, 2, iv, v Verdict, 8, 9, iv, v the proposed order, 5, 9, 10 Waiver, i, 9, 10, 6, 13, 6, iv, v, vi Trial, i, ii, 3, 1, 4, 5, 6, 8, 9, 4, 5, 6, 7, 8, 9, 10, 2, warrants, 3 8, 9, 10, iii, iv, v, vi Weapons, i, 7 Trial–Setting, 1 Witness, 10, 9

Revised effective 7/1/2020 Index Page ii of ii

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

CRC RULE 10.613(f)(3) LIST OF CURRENTLY EFFECTIVE

LOCAL RULES, WITH DATES OF ADOPTION AND LATEST AMENDMENTS

RULE SUBJECT ADOPTION AND AMENDMENT DATES

CHAPTER 1 GENERAL RULES

RULE 1.01 CITATION OF RULES adpt’d 1-1-97, amnd 7-1-24 RULE 1.02 EFFECTIVE DATE OF RULES adpt’d 1-1-97, amnd 7-1-24

RULE 1.03 EFFECT OF RULES adpt’d 1-1-97, amnd 7-1-24

RULE 1.04 CONSTRUCTION AND APPLICATION; PUBLISHER OF RULES adpt’d 1-1-97, amnd 7-1-24

RULE 1.05 DEFINITIONS adpt’d 1-1-97, amnd 7-1-24

RULE 1.06 AMENDMENTS; ADDITIONS; REPEAL adpt’d 1-1-97, amnd 7-1-24

CHAPTER 2 ADMINISTRATIVE MATTERS

RULE 2.01 COMMISSIONERS AND JUDGES PRO TEM adpt’d 1-1-97, amnd 7-1-24

RULE 2.02 COURT REPORTERS adpt’d 1-1-97, amnd 7-1-24

RULE 2.03 CASE DISPOSITION TIME STANDARDS adpt’d 1-1-97, amnd 7-1-24

RULE 2.04 SMOKING adpt’d 1-1-97, amnd 7-1-24

RULE 2.05 COURTROOM DECORUM adpt’d 1-1-97, amnd 7-1-24

RULE 2.06 CELLULAR PHONES AND ELECTRONIC DEVICES del’t’d 1-1-01, added 7-1-24 RULE 2.07 RESERVED adpt’d 1-1-97, amnd 7-1-24

RULE 2.08 COURT EXECUTIVE OFFICER/CLERK OF THE SUPERIOR COURT adpt’d 1-1-97, amnd 7-1-24

RULE 2.09 CODE OF ETHICS FOR COURT EMPLOYEES adpt’d 1-1-97, amnd 7-1-24

RULE 2.10 APPELLATE DIVISION RULES adpt’d 1-1-97, amnd 7-1-24

RULE 2.11 JURY SELECTION BOUNDARIES adpt’d 1-1-97; amnd 7-1-24

RULE 2.12 EXCUSES FROM JURY SERVICE adpt’d 1-1-97, amnd 7-1-24

RULE 2.13 INTERPRETERS adpt’d 1-1-97, amnd 7-1-24

RULE 2.14 WEAPONS del’t’d 7-1-10, amnd 7-1-24

RULE 2.15 FACSIMILE (FAX) FILING adpt’d 1-1-97, amnd 7-1-24

RULE 2.16 PAYMENT OR WAIVER OF FEES adpt’d 1-1-97, amnd 7-1-24 RULE 2.17 RESERVED adpt’d 1-1-97, del’t’d 7-1-24

RULE 2.18 SUBSTITUTION OF ATTORNEYS adpt’d 1-1-97, amnd 7-1-24

RULE 2.19 PEREMPTORY CHALLENGE adpt’d 1-1-97, amnd 7-1-24

RULE 2.20 NOTICES OF UNAVAILABILITY adpt’d 1-1-97, amnd 7-1-24

RULE 2.21 CASE PARTY INFORMATION adpt’d 1-1-19, amnd 7-1-24

RULE 2.22 REMOTE APPEARANCES adpt’d 7-1-22, amnd 7-1-24

RULE 2.23 E-FILING Adpt’d 7-1-24

RULE 2.24 FACSIMILE FILING IN CRIMINAL MATTERS Adpt’d 7-1-24

CHAPTER 3 CIVIL RULES AND LAW AND MOTION RULES

RULE 3.01 SCOPE adpt’d 1-1-97, amnd 7-1-24

RULE 3.02 IN GENERAL adpt’d 1-1-97, amnd 7-1-24 RULE 3.03 EX PARTE MOTIONS adpt’d 1-1-97, amnd 7-1-24

RULE 3.04 PLEADINGS, MOTIONS, AND PAPERS adpt’d 1-1-97, amnd 7-1-24

RULE 3.05 MOTIONS FOR SUMMARY JUDGMENT adpt’d 1-1-97, amnd 7-1-24

RULE 3.06 CONTINUANCES/HEARINGS adpt’d 1-1-97, amnd 7-1-24

RULE 3.07 PREPARATION OF ORDERS adpt’d 1-1-97, amnd 7-1-24

RULE 3.08 ANNOUNCEMENTS OF INTENDED DECISION adpt’d 1-1-97, amnd 7-1-24

RULE 3.09 APPLICATIONS FOR EXTRAORDINARY WRITS adpt’d 1-1-97; amnd 7-1-24

CHAPTER 4 SETTING FOR TRIAL AND TRIAL IN CIVIL CASES

RULE 4.01 SETTING CASES FOR TRIAL adpt’d 1-1-97, amnd 7-1-24

RULE 4.02 CHANGING TRIAL DATE; AND SPECIAL SETTINGS adpt’d 1-1-97, amnd 7-1-24

RULE 4.03 TELEPHONIC CONFERENCES adpt’d 1-1-97,delt’d 7-1-22

RULE 4.04 DUTIES IF CASE SETTLES adpt’d 1-1-97, amnd 7-1-24

RULE 4.05 DEMAND FOR JURY; JURY FEES adpt’d 1-1-97, amnd 7-1-24

RULE 4.06 PARTIES NOT PRESENT FOR TRIAL adpt’d 1-1-97, amnd 7-1-243

RULE 4.07 CONDUCT OF CIVIL JURY TRIALS adpt’d 1-1-97, amnd 7-1-24

RULE 4.08 SETTING UNLAWFUL DETAINER CASES FOR TRIAL adpt’d 1-1-97, amnd 7-1-24

CHAPTER 5 MISCELLANEOUS CIVIL RULES

RULE 5.01 ATTORNEY FEES adpt’d 1-1-97, amnd 7-1-24

RULE 5.02 ATTORNEY FEES IN CIVIL ACTIONS INVOLVING MINORS OR PERSONS WITH A DISABILITY adpt’d 1-1-97, amnd 7-1-24

RULE 5.03 COMPROMISE OF CLAIM OF MINOR OR Revised effective 7/1/2023 Index of Currently Effective Rules Page vii of iii

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT PERSON WITH A DISABILITY FORM OF adpt’d 1-1-97, amnd 7-1-24

RULE 5.04 JUDGMENT adpt’d 1-1-97, amnd 7-1-24

RULE 5.05 FORM OF STIPULATED JUDGMENT adpt’d 1-1-97, amnd 7-1-24

RULE 5.06 LABOR COMMISSION APPEALS adpt’d 1-1-97, amnd 7-1-24

RULE 5.07 SETTLEMENT CONFERENCES adpt’d 1-1-97, amnd 7-1-24 RULE 5.08 SANCTIONS adpt’d 1-1-97, amnd 7-1-24 RULE 5.09 ARBITRATION adpt’d 1-1-97, amnd 7-1-24

RULE 5.10 DEFAULT PROVE-UPS adpt’d 1-1-97, amnd 7-1-24

RULE 5.11 PROVE-UP IN QUIET TITLE PROCEEDINGS adpt’d 1-1-97, amnd 7-1-24

RULE 5.12 DEFAULT JUDGMENTS AFTER SERVICE BY PUBLICATION adpt’d 1-1-97, amnd 7-1-24

RULE 5.13 SMALL CLAIMS – APPEARANCE AND DISMISSAL Adpt’d 1-1-97, amnd 7-1-24

RULE 5.14 REPRESENTATION IN UNLAWFUL DETAINER PROCEEDINGS adpt’d 1-1-01, amnd 7-1-24

RULE 5:15 SERVICE OF UNLAWFUL DETAINER COMPLAINT adpt’d 7-1-23, amnd 7-1-24

RULE 5:16 FALSE CLAIMS ACT PROCEEDINGS adpt’d 1-1-03, r’nmd 7-1-24

CHAPTER 6 FILING CRIMINAL COMPLAINTS AND CITATIONS; BAIL; WARRANTS; ARRAIGNMENT; AND AMENDMENTS

RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS adpt’d 7-1-96, amnd 7-1-24

RULE 6.02 BAIL AND "O.R." PROCEDURES adpt’d 7-1-96, amnd 7-1-24

RULE 6.03 ARREST AND SEARCH WARRANTS adpt’d 7-1-96, amnd 7-1-24

RULE 6.04 ARRAIGNMENT adpt’d 7-1-96, amnd 7-1-24

RULE 6.05 AMENDMENTS TO COMPLAINTS AND INFORMATIONS adpt’d 7-1-97, amnd 7-1-24

RULE 6.08 NEGOTIATIONS PRIOR TO PRE-TRIAL CONFERENCE adpt’d 7-1-96, amnd 7-1-24

RULE 6.09 PRE-TRIAL CONFERENCE adpt’d 7-1-96, amnd 7-1-24

RULE 6.10 PRE-TRIAL MOTIONS adpt’d 7-1-96, amnd 7-1-24 RULE 7.03 RESERVED adpt’d 7-1-96, del’t’d 7-1-24

RULE 7.04 TRIAL SETTINGS adpt’d 7-1-96, amnd 7-1-24

RULE 6.11 TRIAL SETTING adpt’d 7-1-20, amnd 7-1-24

RULE 6.12 ASSIGNMENT OF TRIAL JUDGE adptd 7-1-96, Amnd 7-1-24

RULE 6.13 TRIAL MOTIONS adptd 7-1-96, amnd 7-1-24

RULE 6.14 TRIAL MANAGEMENT CONFERENCES adpt’d 7-1-96, amnd 7-1-24

RULE 6.15 POLICY RE: ACCEPTANCE OF PLEA AFTER adpt’d 7-1-24 MANAGEMENT CONFERENCE

RULE 6.16 STORAGE OF DANGEROUS OR TOXIC EXHIBITS adpt’d 1-1-19, amnd 7-1-24

RULE 6.17 REQUEST FOR SENTENCE MODIFICATION adpt’d 7-1-96, amnd 7-1-24

RULE 6.18 SANCTIONS adpt’d 7-1-96, amnd 7-1-24

RULE 6.19 WARRANT RECALL Adpt’d 1-1-22. Amnd 7-1-24

RULE 6.20 MENTAL HEALTH COURT Adpt’d 1-1-22, amnd 7-1-24

RULE 6.21 MENTAL HEALTH DIVERSION Adpt’d 1-1-22, amnd 7-1-24 CHAPTER 7 CRIMINAL RULES-INFRACTIONS RULE 7.01 RESERVED Deleted 7-1-20

RULE 7.02 TIME AND PLACE adpt’d 7-1-96, amnd 7-1-24

RULE 7.03 SCHEDULING AND BAIL adpt’d 7-1-96, amnd 7-1-24 RULE 7.04 RESERVED Adpt’d 7-1-96, amnd 7-1-24

RULE 7.05 CONTINUANCES adpt’d 7-1-96, amnd 7-1-24

RULE 7.06 TRAFFIC SCHOOL adpt’d 7-1-96, amnd 7-1-24

RULE 7.07 TRIALS BY DECLARATION Adpt’d 7-1-96, amnd 7-1-24

RULE 7:08 TRIAL IN ABSENTIA Adpt’d 7-1-23, amend 7-1-24

RULE 7.09 ABILITY TO PAY: CLERK’S DETERMINATION Adpt’d 7-1-24

RULE 7.10 INCORPORATION OF CRIMAL PROCEDURAL RULES Adpt’d 7-1-20, r’nmbd 7-1-24 CHAPTER 8 FAMILY LAW RULES

RULE 8.01 ORGANIZATION OF FAMILY LAW PROCEEDINGS adpt’d 7-1-96, amnd 7-1-24

RULE 8.02 FAMILY LAW MOTIONS, OSC, AND RFO adpt’d 7-1-96, amnd 7-1-24

RULE 8.03 FAMILY LAW DISCOVERY adpt’d 7-1-96, amnd 1-1-24

RULE 8.04 RULES APPLICABLE TO ALL FINANCIAL AND SUPPORT adpt’d 7-1-96, amnd 1-1-24 ISSUES RULE 8.05 PROCEDURES FOR RESOLUTION OF CUSTODY AND adpt’d 7-1-96, amnd 7-1-24 VISITATION ISSUES

RULE 8.06 CONTESTED TRIALS adpt’d 7-1-96, amnd 7-1-24

RULE 8.07 JUDGMENTS BY DEFAULT adpt’d 7-1-96, amnd 7-1-24

RULE 8.08 UNCONTESTED JUDGMENTS PURSUANT TO adpt’d 7-1-96, amnd 7-1-24 STIPULATION Revised effective 7/1/2023 Index of Currently Effective Rules Page viii of

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT RULE 8.09 RESERVED adpt’d 7-1-96, amnd 7-1-24

RULE 8.10 FACILITATOR AND SELF-HELP CLINIC adpt’d 7-1-96, amnd 7-1-24

RULE 8.11 ADOPTIONS adpt’d 7-1-96, amnd 7-1-24

RULE 8.12 SANCTIONS adpt’d 7-1-96, amnd 7-1-24 CHAPTER 9 PROBATE RULES

RULE 9.01 CAPTION OF PROBATE DOCUMENTS adpt’d 7-1-96, amnd 7-1-24

RULE 9.02 SETTINGS AND ASSIGNMENTS; CONTINUANCES adpt’d 7-1-96, amnd 7-1-24

RULE 9.03 FILING OF DOCUMENTS; REVIEW PRIOR TO HEARING adpt’d 7-1-96, amnd 7-1-24 RULE 9.04 RESERVED adpt’d 7-1-96, amnd 7-1-24

RULE 9.05 GENERAL NOTICE REQUIREMENTS adpt’d 7-1-96, amnd 7-1-24

RULE 9.06 PROBATE ORDERS AND DECREES adpt’d 7-1-96, amnd 7-1-24

RULE 9.07 PROVISIONS RELATING TO APPOINTMENT OF EXECUTORS AND adpt’d 7-1-96, amnd 7-1-24 ADMINISTRATORS

RULE 9.08 APPEARANCE OF COUNSEL IN UNCONTESTED MATTERS adpt’d 7-1-96, amnd 7-1-24

RULE 9.09 CONTESTED MATTERS adpt’d 7-1-96, amnd 7-1-24

RULE 9.10 ORDERS FOR FAMILY ALLOWANCE adpt’d 7-1-96, amnd 7-1-24

RULE 9.11 PROBATE LETTERS adpt’d 7-1-96, amnd 7-1-24

RULE 9.12 REQUIRED MATTERS IN PETITION FOR FINAL adpt’d 7-1-96, amnd 7-1-24 DISTRIBUTION

RULE 9.13 REQUIRED FORM OF ACCOUNTS IN ALL PROBATE PROCEEDINGS adpt’d 7-1-96, amnd 7-1-24

RULE 9.14 PETITION OT ESTABLISH FACT OF DEATH adpt’d 7-1-96, amnd 7-1-24

RULE 9.15 PETITION TO SET ASIDE SPOUSAL PROPERTY adpt’d 7-1-96, amnd 7-1-24

RULE 9.16 SALES OF REAL PROPERTY adpt’d 7-1-96, amnd 7-1-24

RULE 9.17 ATTORNEY FEES adpt’d 7-1-96, amnd 7-1-24

RULE 9.18 NON-STATUTORY FEES AND COMMISSIONS adpt’d 7-1-96, amnd 7-1-24

RULE 9.19 GUARDIANSHIP APPOINTMENTS adpt’d 7-1-96, amnd 7-1-24

RULE 9.20 CONSERVATORSHIP APPOINTMENTS adpt’d 7-1-96, amnd 7-1-24

RULE 9.21 INDEPENDENT POWERS IN GUARDIANSHIP & CONSERVATORSHIP adpt’d 7-1-96, amnd 7-1-24 MATTERS

RULE 9.22 BOND IN GUARDIANSHIP AND CONSERVATORSHIP MATTERS adpt’d 7-1-96, amnd 7-1-24

RULE 9.23 CONSERVATOR’S HANDBOOK adpt’d 7-1-96, amnd 7-1-24

RULE 9.24 RESPONSIBILITY OF PARENTS TO SUPPORT WARD adpt’d 7-1-96, amnd 7-1-24

RULE 9.25 INVESTMENTS BY GUARDIANS adpt’d 7-1-96, amnd 7-1-24

RULE 9.26 BLOCKED ACCOUNTS IN GUARDIANSHIPS AND adpt’d 7-1-96, amnd 7-1-24 CONSERVATORSHIPS

RULE 9.27 ACCOUNTS OF GUARDIANS AND CONSERVATORS adpt’d 7-1-96, amnd 7-1-24

RULE 9.28 CHANGE OF CONSERVATEE’S ADDRESS adpt’d 7-1-96, amnd 7-1-24

RULE 9.29 PROCEDURES UPON DEATH OF CONSERVATEE OR WARD adpt’d 7-1-96, amnd 7-1-24

CHAPTER JUVENILE DEPENDENCY RULES 10

RULE 10.01 GENERAL APPLICABILITY OF LOCAL RULES TO DEPENDENCY adpt’d 7-1-96, amnd 7-1-24 PROCEEDINGS

RULE 1.02 CALENDAR MATTERS adpt’d 7-1-96, amnd 7-1-24 RULE 1.03 ATTORNEYS REPRESENTING PARTIES IN DEPENDENCY adpt’d 7-1-96, amnd 7-1-24 PROCEEDINGS

RULE 10.04 COURT APPOINTED SPECIAL ADVOCATE PROGRAM adpt’d 7-1-96, amnd 7-1-24

RULE 10.05 MEDIATION adpt’d 7-1-96, amnd 7-1-24 RULE 10.06 RESERVED adpt’d 7-1-96, amnd 7-1-24

RULE 10.07 CONFIDENTIALITY adpt’d 7-1-96, amnd 7-1-24

CHAPTER JUVENILE DELINQUENCY RULES 11

RULE 11.01 GENERAL APPLICABILITY OF LOCAL RULES TO DELINQUENCY adpt’d 7-1-96, amnd 7-1-24 PROCEEDINGS

RULE 11.02 CALENDAR MATTERS adpt’d 7-1-96, amnd 7-1-24

Revised effective 7/1/2023 Index of Currently Effective Rules Page ix of iii

LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT

ALPHABETIC LIST OF FORMS:

Form Name Form Number Effective Date Mandatory/Optional Case Party Appendix 4 1/1/2019 Mandatory Information Citation to Parent Appendix 7 1/1/2019 Optional Declaration re: Ex Appendix 3/SC-CV-1 1/1/2020 Mandatory Parte Notice Form of Accounts Appendix 6 1/1/2019 Optional Petition to Inspect Appendix 5 1/1/2019 Optional Adoption Records

NUMERICAL LIST OF FORMS:

Form Name Form Number Effective Date Mandatory/Optional Case Party Appendix 4 1/1/2019 Mandatory Information Petition to Inspect Appendix 5 1/1/2019 Optional Adoption Records Form of Accounts Appendix 6 1/1/2019 Optional Citation to Parent Appendix 7 1/1/2019 Optional Declaration re: Ex Appendix 3/SC -CV-1 1/1/2020 Mandatory Parte Notice

Revised effective 7/1/2020 Index of Forms Page i of i