Monterey — Local Rules of Court (All Chapters) Effective July 1, 2026

Source: https://www.monterey.courts.ca.gov/system/files/local-rules/local-rules-court_7126.pdf

Local Rules of Court Effective July 1, 2026

Monterey County Superior Court 240 Church Street Salinas, California 93901 (831) 775-5400 www.monterey.courts.ca.gov

SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY

LOCAL RULES OF COURT TABLE OF CONTENTS

CHAPTER 1 COURT ACCESS AND ADMINISTRATION

CHAPTER 2 MONTEREY DIVISION

CHAPTER 3 JUVENILE DEPARTMENT

CHAPTER 4 PROBATE DEPARTMENT

CHAPTER 5 RESERVED

CHAPTER 6 CIVIL DEPARTMENT

CHAPTER 7 LAW AND MOTION

CHAPTER 8 ATTORNEY FEES- DEFAULT AND UNCONTESTED MATTERS

CHAPTER 9 APPELLATE DIVISION

CHAPTER 10 FAMILY LAW DEPARTMENT PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND CHAPTER 11 VISITATION) CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION

CHAPTER 13 RESERVED

CHAPTER 14 CRIMINAL DEPARTMENT

CHAPTER 15 SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW

CHAPTER 16 MENTAL HEALTH DEPARTMENT

CHAPTER 17 DUTIES OF ATTORNEYS

CHAPTER 18 JURY RULES

CHAPTER 19 MISCELLANEOUS RULES

ALPHABETICAL INDEX

CHAPTER 1 COURT ACCESS AND ADMINISTRATION

Table of Contents

1.1 PRESIDING JUDGE ....................................................................................................................................... 2 1.2 CALENDAR ASSIGNMENTS ......................................................................................................................... 2 1.3 DIRECT CALENDAR ...................................................................................................................................... 2 1.4 JUDICIAL ASSIGNMENTS ............................................................................................................................. 2 1.5 COURT HOLIDAYS ........................................................................................................................................ 4 1.6 DELEGATION OF AUTHORITY – ELISORS .................................................................................................. 4 1.7 E-FILING OF DOCUMENTS ........................................................................................................................... 5 1.8 REMOTE CIVIL PROCEEDINGS ................................................................................................................... 7 1.9 REMOTE CRIMINAL PROCEEDINGS ......................................................................................................... 12 1.10 JOINT COMMITTEE ON THE ELIMINATION OF BIAS ................................................................................ 12

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1.1 PRESIDING JUDGE

The presiding judge supervises and manages the judicial and administrative business of the Court and serves as a liaison between the Court and other governmental and civil agencies. The term of the presiding judge is two years. The presiding judge shall perform the duties prescribed by these Rules, the Court Governance and Administrative Policies and the California Rules of Court. The assistant presiding judge serves as the acting presiding judge in the absence of the presiding judge, and in the absence of both, the presiding judge shall designate a judge to serve as the acting presiding judge, when necessary.

(Adopted October 1, 1998; Amended July 1, 2015; Amended January 1, 2024; Amended January 1, 2025)

1.2 CALENDAR ASSIGNMENTS

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2012; Amended January 1, 2024; Rule 1.2 amended and renumbered Rule 1.4(A)(1) July 1, 2024)

1.3 DIRECT CALENDAR

All cases shall be assigned under the direct calendar system. The presiding judge may, in consultation with the Executive Committee and Executive Management, change the calendar system. Any changes will be posted on the court’s website.

(Adopted October 1, 1998; Amended January 1, 2001; Amended January 1, 2004; Amended July 1, 2015; Amended July 1, 2016; Amended January 1, 2024; Amended July 1, 2024)

1.4 JUDICIAL ASSIGNMENTS

A. Judicial Assignments, Generally

1. Before the end of each calendar year, the presiding judge, or the presiding judge’s
delegee, shall designate judicial assignments for the coming year. This rule does not limit
the presiding judge’s or their delegee’s authority to make judicial assignments or apportion
the business of the court whenever circumstances warrant, or in any way limit the
presiding judge’s authority under California Rules of Court, rule 10.603.

2. Unless otherwise specified in this chapter, cases are assigned to a judicial officer, and the
department to which the judicial officer is assigned, for all purposes.

a. Assignments are announced and can be viewed on the court’s website from the
General Information tab at: https://www.monterey.courts.ca.gov/general-
information/judges-assignments

b. Assignments are effective January 1 st each calendar year, unless otherwise indicated
on the court’s website.

3. If a judicial officer is newly assigned to a department, all pending cases in that department
are assigned to the newly assigned judicial officer as of the effective date of the
assignment.

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B. Juvenile Department The presiding judge may designate all judges of the superior court as judges of the juvenile justice court. All business of the juvenile justice court shall be conducted by the presiding judge of the juvenile justice court. All business of the juvenile dependency department shall be conducted by the presiding judge of the juvenile dependency department. If the presiding judge of either the juvenile dependency or juvenile justice court is not available, the presiding judge of the court shall designate another judge to manage the assignments.

C. Probate Department

The probate judge shall be designated by the presiding judge.

D. Civil Department

1. Unlimited jurisdiction civil cases, unless and until designated complex, are assigned on rotational basis as follows:

   a. To Department 13-A, and the judge assigned to Department 13-A;

   b. To Department 14 and the judge assigned to Department 14;

   c. To Department 15 and the judge assigned to Department 15.

2. Complex civil cases are assigned as follows:

   a. Even numbered cases, to Department 14 and the judge assigned to Department 14;

   b. Odd numbered cases to Department 15 and the judge assigned to Department 15.

3. Collections cases meeting the definition of California Rule of Court, rule 3.740(a) are assigned for all purposes to Department 13-A and the judge assigned to Department 13- A.

4. Civil Harassment Restraining Orders are assigned to Department 16-A and the commissioner assigned to Department 16-A.

E. Appellate Division

The Chief Justice assigns four (4) judges to the Monterey County Superior Court Appellate Division, designating one (1) as the presiding appellate judge. The presiding appellate judge shall supervise the business of the appellate division and may act on routine, procedural and administrative matters at their discretion. (Code of Civil Procedure section 77.)

F. Family Law Department

1. Unless otherwise specified in this chapter, Family Law cases are assigned as follows:

a. Even numbered cases, to Department 17 and the judge assigned to Department 17;

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b. Odd numbered cases to Department 16 and the judge assigned to Department 16.

2. Cases involving child support and other related issues, where the Department of Child Support Services is a party, are assigned to Department 21 and the commissioner assigned to Department 21 to hear those issues, effective the date of the first hearing scheduled in that Department.

3. Domestic Violence Restraining Order matters are assigned to Department 16-A and the commissioner assigned to Department 16-A.

4. Adoption matters are assigned to Department 13 and the judge assigned to Department

6. Guardianship matters are assigned to Department 13 and the judge assigned to Department 13.

G. Criminal Law Department

Criminal cases are assigned by an alphabetical system based on the defendant’s surname

and/or their case type, to a department and the judge assigned to that department, as listed on the court’s website from the General Information tab at: https://www.monterey.courts.ca.gov/general-information/judges-assignments

(Adopted October 1, 1998; Amended July 1, 1999; Amended October 12, 1999; Amended July 1, 2000; Amended January 1, 2001; Amended January 1, 2001; Amended January 1, 2002; Amended July 1, 2003; Amended January 1, 2004; Amended July 1, 2004; Amended January 1, 2005; Amended July 1, 2005; Amended July 1, 2006; Amended January 1, 2007; Amended July 1, 2007; Amended January 1, 2008; Amended July 1, 2008; Amended January 1, 2009; Amended July 1, 2010; Amended January 1, 2011; July 1, 2012, Amended July 1, 2024)

1.5 COURT HOLIDAYS

A list of current court holidays can be viewed on the court’s website from the General Information tab at: https://www.monterey.courts.ca.gov/general-information/holidays

A holiday occurring on a Saturday is observed on the preceding Friday, and a holiday occurring on a Sunday is observed on the following Monday. (California Rules of Court, rule 1.11.)

(Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2000; Amended January 1, 2001; Amended January 1, 2002; Amended July 1, 2003; Amended January 1, 2004; Amended January 1, 2005; Amended January 1, 2007; Amended January 1, 2008; Amended January 1, 2009; Amended January 1, 2010; Amended January 1, 2011; Repealed July 1, 2012)

1.6 DELEGATION OF AUTHORITY – ELISORS

Where one of the parties fails to execute a document necessary to carry out a court order, the Clerk of the Superior Court or the Clerk’s authorized designee may be appointed as an elisor to

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sign the document pursuant to Code of Civil Procedure section 128(a)(4) and/or Family Code section 1101(e).

The Clerk of the Court hereby delegates to the Chief Operations Officer and Civil Operations Manager the authority to sign deeds, or other ordered documents, when the court has ordered the appointment of the Clerk of the Court to sign such documents as an elisor.

When applying for the appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Monterey or the Clerk’s Designee” as the elisor.

An application for appointment of an elisor shall be made by filing an appropriate pleading (Notice of Motion, Order to Show Cause or Request for Order). The pleading shall have as an attachment, a sample copy of the document(s) to be signed by the elisor. The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

An acknowledgement fee (see Statewide Civil Fee and Local Fee Schedule on the court’s website) will be assessed at the time of the appointment. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present when the elisor signs the document(s) at the applicant’s cost.

The Clerk may develop and promulgate local procedures to be followed when an elisor is ordered.

(Adopted July 1, 2017; Amended January 1, 2022, Amended Title and Renumbered from 1.7 to 1.6 January 1, 2023)

1.7 E-FILING OF DOCUMENTS

Electronic filing of documents in all case types is required, excepting appellate department cases.

A. Filing Service Provider

Electronic filing of documents shall occur through the court’s electronic service provider(s). Electronic service provider information is available on the court’s website at www.monterey.courts.ca.gov.

B. Exceptions to E-filing

The following items are not subject to mandatory e-filing under these rules (E-Filing of Documents):

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1. Documents presented for filing by a self-represented party. Although e-filing is not
mandatory for self-represented parties, they are encouraged to e-file documents.

2. Documents ordered by the court as exempt from e-filing. A party may seek a court-
ordered exemption by ex parte application for reason of undue hardship, significant
prejudice, or other good cause.

3. Documents and other materials that are not feasibly converted to electronic form by
scanning, imaging, or other means.

4. Documents lodged with the court provisionally under seal pursuant to California Rules of
Court, rule 2.551, or lodged with the court as confidential documents.

5. Documents with jurisdictional time limits, including notices of appeal, motions for new trial,
motions for JNOV, motions to quash service for personal jurisdiction, and petitions for writs
taken from local court determination. Although not required, e-filing of these documents is
encouraged.

6. Original documents required for a proceeding, including bench warrants, subpoenaed
documents, affidavits regarding real property of small value, bonds, undertakings, financial
documents submitted by a private professional conservator, letters (probate,
guardianship, conservatorship), wills and codicils (for filing or safekeeping), and orders to
deposit money and receipt of depository.

7. Challenges to judicial officers pursuant to Code of Civil Procedure section 170.1 et seq.

C. Effective Date and Time of E-Filing

Documents transmitted electronically are deemed filed only after accepted for filing by the clerk. Documents may be electronically transmitted to the court at any time.

Nothing in this section shall limit the clerk’s ability to reject filings.

The court will issue a confirmation that the document has been received and filed in accordance with California Rules of Court, rule 2.259. The confirmation shall serve as proof that the document has been filed.

D. Format of E-Filed Materials

1. All documents filed electronically must be in electronic text-searchable portable document
format (PDF).

2. Pagination. Document pages must be consecutively numbered using only the Arabic
numbering system (such as 1, 2, 3), beginning with the number 1 on the first page of the
document. When a document, transcript, or record is served in both paper format and
electronic format, the pagination must be consistent for both versions.

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3. If a party or attorney elects to include hyperlinks in a filing, the hyperlink shall be active
and should be formatted to standard citation format as provided in California Rules of
Court, rule 1.200.

4. Exhibits. Electronic exhibits must include electronic bookmarks with links to the first page
of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly
describe the exhibit. Electronic exhibits not so bookmarked are subject to rejection.

E. Courtesy Copy

A judge may order a courtesy copy at any time, either printed or through electronic delivery.

F. E-File Version Follow Up to Hand-Served Documents

Documents served by hand, in court, or otherwise permissively, must then be e-filed unless the court specifically provides otherwise. Such e-filing must take place before the close of business on the court day following service by hand in open court. In addition, the Proof of Service must reference the date the document was originally served in open court.

G. Errors are the Responsibility of the Filer

The confirmation of filing of the document and verification of the accuracy of the document shall be the sole responsibility of the filer. The court shall not be responsible for errors or malfunction occurring in the electronic transmission of a document to the court for filing.

H. Redaction of Confidential Information is the Filer’s Responsibility

The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties. The clerk will not review pleadings or other documents for compliance with the law. The court may impose sanctions for violation of these requirements.

I. Fees and Fee Waiver

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the court. A party who has received a fee waiver from the court, or who has otherwise obtained an order of the court waiving such fees, is exempt from the fees and costs associated with electronic filing.

(Adopted January 1, 2016; Amended July 1, 2016; Amended July 1, 2017; Amended January 1, 2019, Renumbered January 1, 2023; Amended January 1, 2024)

1.8 REMOTE CIVIL PROCEEDINGS

A. General

1. The purpose of this rule is to provide greater access to justice, promote court efficiency,
and facilitate remote proceedings consistent with Code of Civil Procedure section 367.75
and California Rules of Court, rule 3.672. This rule sets forth the remote and in-person
proceeding protocols for civil cases.

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2. Technology and Capability. Parties and witnesses who intend to appear remotely must ensure that they have the appropriate technology and skill to appear remotely, and that the visual and audio quality of the device they use allows for the effective management of the proceeding.

3. The Court will follow the procedures set forth in California Rules of Court, rule 3.672, except as set forth herein.

B. Definitions

The court adopts the definitions set forth by the Judicial Council in California Rules of Court, rule 3.672(c).

C. Appearances

1. A party or witness may appear remotely at any of the following:

a. Any civil limited or unlimited proceeding, including ex parte hearings, law and motion,
court trials, unlawful detainer matters, judgment debtor examinations, civil harassment
restraining order hearings, domestic violence restraining order hearings, elder abuse
restraining order hearings, gun violence restraining order hearings and settlement
conferences; and

b. Any family law proceeding; and

c. Any probate law proceeding.

2. Notice of intent to appear remotely for the proceeding or the duration of the case may be
provided to the court and all parties orally during a proceeding, or by filing and serving the
Notice of Remote Appearance (Judicial Council Forms, form RA-010), within the time
frames prescribed by California Rules of Court, rule 3.672(f), (g) and (h).

3. Any opposition to a remote proceeding shall be filed and served using the Opposition to
Remote Proceeding at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-015)
consistent with California Rules of Court, rule 3.672(h)(3). In determining whether to
conduct an evidentiary hearing or trial in whole or in part remotely where an opposition
has been made, the court will consider the factors set forth in Code of Civil Procedure
section 367.75 subdivision (b) and (f) and California Rules of Court, rule 3.672(d).

4. Any party may appear in person for any proceeding. (California Rules of Court, rule
3.672(j).) A party or witness choosing to appear in person can do so by appearing in the
courtroom on the date and time of the proceeding. The court retains the discretion to
require a party or witness to appear in person at any proceeding, consistent with Code of
Civil Procedure section 367.75 subdivision (b) and California Rules of Court, rule 3.672(d).

5. Notwithstanding California Rules of Court, rule 3.672 or any provision of this Local Rule,
the court may permit a party to appear remotely upon a finding of good cause, unforeseen
circumstance, or that the remote appearance would promote access to justice. (California
Rules of Court, rule 3.672(j)(2).)

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6. If any party requires assistance with a remote appearance they may call the court at: (831)
647-5800, or as indicated on the court’s website.

7. The remote appearance platform used by the Court for video teleconferencing is Zoom.
Remote appearance information for each non-confidential department may be found at:
https://www.monterey.courts.ca.gov/remote on the court’s website.

D. Evidence – Physical and Electronic Evidence for Remote Trials or Evidentiary Hearings

1. For current guidance regarding preparing, sharing, lodging and presenting exhibits at trials and evidentiary hearings conducted partially or completely remotely, please see the “Exhibit Guidelines for Remote Trials and Evidentiary Hearings” for Civil, Family, Domestic Violence, Civil Harassment and Small Claims matters, which may be found at: https://www.monterey.courts.ca.gov/remote on the court’s website.

2. Evidence stored on removable storage devices, including but not limited to flash drives, memory sticks and compact discs, may not be filed with the court. Removable storage devices, however, when properly marked as exhibits, may be received and admitted into evidence during a hearing or trial if ordered by the court.

3. Any electronic sound or sound-and-video recordings, must comply with California Rules of Court, rule 2.1040. The person wishing to present any electronic sound or sound-and video recordings must provide the equipment necessary to listen to and/or view the recordings and provide the opposing party with a copy of the recording and any required transcript at least 5 court days prior to the hearing, unless for good cause the judicial officer makes an exception.

4. Any party wishing to present evidence must ensure they have the requisite skill and technology to enable all parties, whether appearing in person or remotely, to view the evidence during the hearing.

E. Small Claims Cases and Child Support Cases – Special Provisions

1. All small claims trials and child support hearings will be set for in-person appearances.

2. Parties may request to appear remotely by filing a Notice of Remote Appearance (Judicial
Council Forms, form RA-010) at least ten (10) court days before the scheduled hearing.
The court will evaluate the request, considering the factors set forth in Code of Civil
Procedure section 367.75 subdivisions (b) and (f) and California Rules of Court, rule
3.672(d).

3. If the court requires a party or witness to appear in person because one or more of the
factors in Code of Civil Procedure section 367.75 is present, then the parties will be notified
at least five (5) court days before the hearing date. If the court determines that the date
and time of the proceeding must be changed to facilitate a remote proceeding, notification
will be issued to the parties by either email or U.S. mail.

4. Any opposition to a remote proceeding shall be filed and served using the Opposition to
Remote Proceedings at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-
010) consistent with California Rules of Court, rule 3.672(h)(3). An Opposition to Remote

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Proceedings at Evidentiary Hearing or Trial should be filed at least five (5) court days before the proceeding, or as otherwise provided by California Rules of Court, rule 3.672(h)(3). In determining whether to conduct an evidentiary hearing or trial in whole or in part remotely where an opposition has been made, the court will consider the factors set forth in Code of Civil Procedure section 367.75 subdivision (b) and (f).

5. For child support cases, all declarations and any supporting evidence must be filed and served on all opposing parties in compliance with California Rules of Court, rule 5.92 et seq.

6. For small claims cases, all documentary evidence should be lodged as provided in the “Exhibit Guidelines for Remote Trials and Evidentiary Hearings” for Civil, Family, Domestic Violence, Civil Harassment and Small Claims matters, which may be found at: https://www.monterey.courts.ca.gov/remote on the court’s website. Any physical evidence may only be considered at an in-person hearing.

F. Probate – Special Provisions for Probate Court Confirmation of Sale of Real Property

1. Notice of Sale

a. The Notice of Sale must include the information regarding the hearing on the Report
of Sale and Petition for Order Confirming Sale of Real Property – the date, time,
department, and that the hearing will be conducted in person and via electronic
platform (video or audio) provided by the court.

b. The Notice of Sale shall also include information regarding the submission of overbids
in writing at or before the hearing through the court’s e-filing system (see
https://www.monterey.courts.ca.gov/efiling) or by email to:
emergencyprobate@monterey.courts.ca.gov.

2. Written Offers. Any overbidder who appears remotely shall submit an offer in writing at or
before the hearing through the court’s e-filing system or by email to:
emergencyprobate@monterey.courts.ca.gov and shall notify the court at the hearing of
the electronically-submitted overbid.

G. Juvenile Justice (Delinquency) Proceedings

1. All juvenile justice proceedings are set for in person appearances with the capability of
allowing remote appearances. Because of the confidential nature of the proceedings, to
assist in the effective management and resolution of juvenile justice cases and to achieve
the goal of successful rehabilitation of youth, personal appearances are strongly
encouraged and sometimes required. At all initial detention hearings, minors’ appointed
counsel will be available to meet with minors and families prior to the start of court.
Requests to appear remotely may be submitted as follows:

a. Minors and their parents/guardians, Indian custodians and CASA workers may seek
approval from the court through counsel for the minor or the Probation Department at
(831) 755-3900 or by email to acosta-sosam@co.monterey.ca.us. Parties may also
request to appear remotely by filing a Notice of Remote Appearance (Judicial Council
Forms, form RA-010).

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b. Victims may seek approval from the court through the Victim Assistance Program of the District Attorney’s office at (831) 755-5072 or by filing a Notice of Remote Appearance (Judicial Council Forms, form RA-010).

c. Requests for remote appearances at these hearings may be made orally in court when the matter is being set, or by filing a Notice of Remote Appearance (California Rules of Court, rule 3.672(f) and (h)). Any opposition to a remote proceeding may be made orally in court, or by using the Opposition to Remote Proceeding at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-015) consistent with California Rules of Court, rule 3.672(h)(3). In determining whether to conduct an evidentiary hearing in whole or in part remotely where an opposition has been made, the court will consider the factors set forth in Code of Civil Procedure section 367.75 subdivision (b) and (f) and California Rules of Court, rule 3.672(d). The court retains discretion to require in- person appearance as permitted by law.

2. The following proceedings shall be set for in person appearances:

   a. All initial and detention hearings; b. Any hearing at which the minor intends to admit as true any allegation; and c. Jurisdictional hearings, transfer hearings and other evidentiary hearings.

3. Courtesy Notices by Email

As a courtesy to all parties and the court, any notice of intent to appear remotely or opposition to the notice must be promptly emailed to all parties and the court.

4. Confidentiality.

All statutory confidentiality requirements in juvenile justice proceedings are applicable to

both in-person appearances and remote appearances. Parties or persons appearing remotely shall ensure that their remote location affords the required level of privacy for the proceeding. (California Rules of Court, rule 3.672(b)(3).)

H. Juvenile Dependency Proceedings

Any party or person authorized to be present in any juvenile dependency proceedings may appear remotely as provided in California Rules of Court, rule 3.672, subsection (i). A request to appear remotely may be made orally or in writing. If the request is in writing, Request to Appear Remotely – Juvenile Dependency (Judicial Council Forms, form RA-025) may be used. In all other respects, remote appearances are governed by Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672(i) and this Local Rule.

I. Procedures

Information regarding the ability to appear in person or through the use of remote technology is available on the court’s website at https://www.monterey.courts.ca.gov/remote. The court’s remote technology system is designed to ensure that all persons, whether appearing remotely or in person, can meaningfully participate in the conference, hearing, proceeding, or trial.

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J. Technology or Audibility Issues

In the event a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel experiences technology or audibility issues that arise during a remote conference, hearing, proceeding, or trial, the person is to alert the court. A party or witness may raise their hand, place a comment in the “Chat” box (if available) or call the court’s general number at (831) 647-5800 to obtain assistance.

K. Privacy and Security Settings

Nothing in this rule is intended to modify current rules, statutes, or case law regarding confidentiality or access to confidential proceedings. (California Rules of Court, rule 3.672(b)(3).)

L. No Electronic Recording

No electronic recording of court proceedings, including remote court proceedings, other than by a court reporter or electronic recording authorized by the court, shall be permitted without advance written approval of the court. The parties, or anyone attending the proceeding, may not record the proceeding or any part of it unless specifically authorized by the judicial officer. (California Rules of Court, rule 1.150(d).)

M. Effective Dates

This rule is effective from March 31, 2022 until January 1, 2026, or until the sunset date of Code of Civil Procedure section 367.75. The following local rules regarding telephonic appearances at a court proceeding are suspended from March 31, 2022 until January 1, 2026, or until the sunset date of Code of Civil Procedure section 367.75 and Welfare and Institutions Code section 679.5, Local Rules 6.9(A), 6.12(F)(5), 6.13(C), 6.14, 7.7, 10.1(G), 10.2(A), 10.6(E)(3), and 10.8(A).

(Adopted July 1, 2022; Amended and Renumbered from Chapter 20 to 1.7 January 1, 2023; Amended January 1, 2024; Amended January 1, 2025)

1.9 REMOTE CRIMINAL AND TRAFFIC PROCEEDINGS

If a remote appearance for a criminal or traffic proceeding is authorized by law, the person intending to appear remotely must obtain prior express authorization from the court no less than two (2) court days prior to the proceeding. If authorization is not obtained, the appearance must be in person.

Court authorization may be obtained by filing with the court, no less than two (2) court days prior to the proceeding, Local Court Form CR-117.

This rule is applicable to attorneys, defendants, victims, witnesses, or any other person intending to attend a criminal or traffic proceeding remotely. This rule does not apply to California Department of Corrections and Rehabilitation inmates or their attorneys appearing remotely under Penal Code section 977.2.

(Adopted January 1, 2025; Amended July 1, 2025; Amended July 1, 2026)

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1.10 JOINT COMMITTEE ON THE ELIMINATION OF BIAS

Pursuant to California Rules of Court, Standards of Judicial Administration, Standard 10.20, the court has established the “Joint Committee on the Elimination of Bias” that includes members of the court community including judges, lawyers and court administrators. The purpose of the committee is to assist in maintaining courtrooms free of bias and the appearance of bias through sponsoring educational programs and training and promoting open communication. A complete statement of the charter, mission, committee membership and roles and responsibilities of the committee is available on the court’s website.

(Adopted January 1, 2023; Renumbered January 1, 2025)

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CHAPTER 2 MONTEREY DIVISION

Table of Contents

2.1 REPEALED ..................................................................................................................................................... 2 2.2 VENUE - MONTEREY DIVISION ................................................................................................................... 2

2.3 REPEALED ..................................................................................................................................................... 2 2.4 COURT CALENDAR ....................................................................................................................................... 2

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2.1 REPEALED

(Adopted October 1, 1998; Daily Monterey Session – Repealed July 1, 2012)

2.2 VENUE - MONTEREY DIVISION

The following actions or proceedings shall be commenced in the Monterey Division:

A. All proceedings for probate of an estate, termination of a life estate or joint tenancy, guardianship, and conservatorship;

B. All civil proceedings, including: Family law proceedings; Civil domestic violence proceedings; Harassment proceedings; Department of Child Support Services; Paternity proceedings; Adoption proceedings; Small claims proceedings; and Vehicle forfeiture proceedings.

(Adopted October 1, 1998; Amended January 1, 2001; Amended January 1, 2004; Amended July 1, 2005; Amended January 1, 2008)

2.3 REPEALED

(Adopted October 1, 1998; Transfer to or from Monterey Sessions - Repealed July 1, 2012)

2.4 COURT CALENDAR

The Supervising Civil Judge shall supervise calendars for all pending civil matters. The Presiding Judge, the Supervising Family Law Judge, or a judicial delegate shall supervise calendars for all pending family law matters. The Clerk of Court shall maintain all calendars.

(Adopted October 1, 1998; Amended (renumbered) January 1, 2001; Amended July 1, 2015; Amended July 1, 2016, Amended January 1, 2023)

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CHAPTER 3 JUVENILE DEPARTMENT

Table of Contents

DEPENDENCY AND JUVENILE JUSTICE ................................................................................................................... 2 3.1 FILING OF JUVENILE PETITIONS ................................................................................................................... 2

3.2 ADDING CASES TO JUVENILE CALENDAR ................................................................................................... 2 3.3 DESIGNATION OF PRESIDING JUVENILE JUDGES ...................................................................................... 2 3.4 SESSIONS ........................................................................................................................................................ 2 3.5 FILING OF PAPERS ......................................................................................................................................... 3 DEPENDENCY .............................................................................................................................................................. 3 3.6 TRIAL BRIEF REQUIREMENT ......................................................................................................................... 3 3.7 NOTIFICATION OF CANCELLED CONTESTED HEARING ............................................................................. 3 3.8 REPEALED ....................................................................................................................................................... 3 3.9 REPEALED ....................................................................................................................................................... 3 3.10 COURT APPOINTED SPECIAL ADVOCATE PROGRAM ................................................................................ 3 3.11 CHILD ADVOCATES ......................................................................................................................................... 4 3.12 APPOINTMENT OF ADVOCATE – SPECIFIC DUTIES.................................................................................... 5 APPENDIX (CASA OATH) ........................................................................................................................................... 6

3.13 RELEASE OF INFORMATION TO ADVOCATE ............................................................................................... 7 3.14 RIGHT TO TIMELY NOTICE ............................................................................................................................. 7 3.15 CALENDAR PRIORITY ..................................................................................................................................... 7 3.16 VISITATION THROUGHOUT DEPENDENCY .................................................................................................. 8 3.17 FAMILY LAW ADVOCACY ................................................................................................................................ 8 3.18 RIGHT TO APPEAR .......................................................................................................................................... 8 3.19 REPRESENTATION IN JUVENILE DEPENDENCY PROCEEDINGS (California Rules of Court, rule 5.660) .. 8 3.20 SCREENING FOR COMPETENCY .................................................................................................................. 9 3.21 MINIMUM STANDARDS OF EDUCATION, TRAINING AND EXPERIENCE .................................................. 10 3.22 STANDARDS OF REPRESENTATION ........................................................................................................... 11 3.23 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS ........................................................... 12 3.24 COURT APPOINTED SPECIAL ADVOCATE AS GUARDIAN AD LITEM ...................................................... 14 3.25 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD ............ 14 APPENDIX (CERTIFICATION OF COMPETENCY OF COUNSEL) ......................................................................... 16

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DEPENDENCY AND JUVENILE JUSTICE

3.1 FILING OF JUVENILE PETITIONS

The deadline for filing Welfare and Institutions Code section 602 petitions with the clerk’s office shall be no later than 2:00 pm on the day prior to the first detention/appearance hearing.

The deadline for filing Welfare and Institutions Code section 601 petitions with the clerk’s office shall be no later than 2:00 pm on the Wednesday prior to Friday’s hearings.

The deadline for filing Welfare and Institutions Code section 300 jurisdiction and disposition reports with the clerk’s office shall be no later than 2:00 pm on the Thursday prior to the hearing.

The deadline for filing Welfare and Institutions Code section 300 petitions with the clerk’s office shall be no later than 2:00 pm on the day prior to the first detention hearing.

(Adopted July 1, 2009; Amended January 1, 2011; Amended January 1, 2024)

3.2 ADDING CASES TO JUVENILE CALENDAR

Any application or memorandum for setting a juvenile matter on calendar shall be submitted to the clerk’s office no later than two (2) court days (excluding weekends and holidays) before the requested hearing date. Any exceptions to this rule must be approved by the judge hearing the case.

(Adopted July 1, 2009)

3.3 DESIGNATION OF PRESIDING JUVENILE JUDGES

(Adopted October 1, 1998; Amended January 1, 2004; Amended January 1, 2019; Rule 3.3 renumbered 1.4(B) July 1, 2024)

3.4 SESSIONS

A. JUVENILE JUSTICE

Juvenile justice court sessions are held in the Monterey County Superior Court, Juvenile Division, located at the Probation Department Building, 1422 Natividad Road, Salinas, California 93906.

(Adopted October 1, 1998; Amended July 1, 2002; Amended January 1, 2019)

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B. JUVENILE DEPENDENCY

Juvenile dependency court sessions are held at the Salinas Courthouse, 240 Church Street, Salinas, California 93901.

(Adopted October 1, 1998; Amended July 1, 2002; Amended July 1, 2016; Amended January 1, 2019)

3.5 FILING OF PAPERS

All papers are to be filed electronically as set forth in Local rule 1.7. (Adopted October 1, 1998; Amended July 1, 2016, Amended January 1, 2023)

DEPENDENCY

3.6 TRIAL BRIEF REQUIREMENT

In all contested juvenile dependency matters, parties must file trial briefs at least one (1) week prior to the hearing or per the briefing schedule set by the court. Any exceptions to this rule must be with prior approval of the court.

(Adopted January 1, 2010)

3.7 NOTIFICATION OF CANCELLED CONTESTED HEARING

In all dependency matters, the moving party must notify the court and all parties if the hearing is not going forward as a contested hearing three (3) court days prior to the hearing.

(Adopted January 1, 2010)

3.8 REPEALED

(Amended July 1, 2002; Calendar - Repealed January 1, 2011)

3.9 REPEALED

(Adopted October 1, 1998; Release of juvenile case information - Repealed January 1, 2011)

3.10 COURT APPOINTED SPECIAL ADVOCATE PROGRAM

The superior court may appoint child advocates to represent and report to the court on the interests of dependent and justice-involved children. In order to qualify for appointment, the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate (CASA) program, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association. (Welfare & Institutions Code, sections 100 – 110; California Rules of Court, rule 5.655.)

The advocate program shall report regularly to the presiding judge of the courts and judges of the juvenile dependency and juvenile justice courts with evidence that it is operating under the

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guidelines established by the National Court Appointed Special Advocate Association and the California state guidelines for child advocates.

(Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2000; Amended July 1, 2002 Re-numbered from 3.08 to 3.10 January 1, 2010; Amended January 1, 2011; Amended July 1, 2017; Amended January 1, 2024)

3.11 CHILD ADVOCATES

A. ADVOCATES’ FUNCTIONS

Advocates serve at the pleasure of the court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate's functions are as follows:

1. To support the child throughout the court proceedings;

2. To establish a relationship with the child to better understand their particular needs and desires;

3. To communicate the child’s needs and desires to the court in written reports and recommendations;

4. To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning;

5. To provide continuous attention to the child’s situation to ensure that the court’s plans for the child are being implemented;

6. To the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer/social worker);

7. To the fullest extent possible, to communicate and coordinate efforts with the child’s attorneys;

8. To investigate the interests of the child in other judicial or administrative proceedings outside juvenile court; to report to the juvenile court concerning same and, with the approval of the court, offer their services on behalf of the child to such other courts or tribunals; and

9. To be present in court for all hearings when the case is present in court.

B. CASA REPORTS

In any case in which the court has ordered the appointment of an advocate, such advocate shall file reports regarding their findings and recommendations for the child with the court at least two (2) days before each of the following hearings: six (6) month review; twelve (12) month review; eighteen (18) month review; selection and implementation hearing (Welfare & Institutions Code section 366.26 hearing); post-permanency planning reviews and as otherwise requested by the

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court. Copies of the report are to be provided by CASA to all parties or their counsel at least two (2) court days before the scheduled hearing. (California Rules of Court, rule 5.655(k)(5).)

C. SWORN OFFICER OF THE COURT

An advocate is an officer of the court and is bound by these rules. Each advocate shall be sworn in by a superior court judge/referee/commissioner before beginning their duties and shall subscribe to the written oath set forth in the appendix attached hereto.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.09 to 3.11 January 1, 2010; Amended January 1, 2011; Amended July 1, 2017; Amended January 1, 2024)

3.12 APPOINTMENT OF ADVOCATE – SPECIFIC DUTIES

The court shall, in its initial order of appointment, and thereafter subsequent order as appropriate, specifically delineate the advocate's duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child's grandparents and other relatives, and reporting back directly to the court as indicated. If no specific duties are outlined by court order, the advocate shall discharge the advocate’s obligation to the child and the court in accordance with the general duties set forth in Local rule 3.11 above.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.10 to 3.12 January 1, 2010; Amended January 1, 2011; Amended January 1, 2024)

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APPENDIX

IN THE SUPERIOR COURT OF THE STATE OF

CALIFORNIA IN AND FOR THE COUNTY OF MONTEREY

OATH

Monterey County Court Appointed Special Advocate (CASA)

I, __________________________________ do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that in serving as an officer of the court, I will follow the Rules of Court and will maintain fairness, impartiality, and integrity; that I am committing to a life-time of preserving the privacy of those for whom I am appointed and will only divulge confidential information to those entitled to receive it; and that I will always act for the best interest of the child(ren) I am assigned to help.

I will truly and faithfully perform the duties of CASA according to the law; I will provide written reports of my findings and recommendations to the court and will appear at all necessary hearings. I will explain court proceedings to the child(ren) and inform the court if services are not available or being used.

I take this obligation freely, without any mental reservation or purpose of evasion.

---

Monterey County CASA Volunteer Date

Subscribed and sworn to before me:

---

Judge of the Superior Court Date

---

Executive Director, CASA of Monterey County Date

Revised January 1, 2023

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3.13 RELEASE OF INFORMATION TO ADVOCATE

A. TO ACCOMPLISH APPOINTMENT

To accomplish the appointment of an advocate, the Judge/Referee/Commissioner making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the court.

B. ACCESS TO RECORDS

An advocate shall have the same legal right to records relating to the child the advocate is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division or department of the state, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider, or law enforcement agency. The advocate shall present the advocate’s identification as a court-appointed advocate to any such record holder in support of the advocate’s request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child.

C. REPORT OF CHILD ABUSE

An advocate is a mandated child abuse reporter with respect to the case to which the advocate is appointed.

D. COMMUNICATION

There shall be ongoing, regular communication concerning the child's best interests, current status, and significant case developments, maintained among the advocate, case manager, child's attorney, attorneys for parents, relatives, foster parents, and any therapist for the child.

(Adopted October 1, 1998; Renumbered from 3.11 to 3.13 January 1, 2010; Amended January 1, 2024)

3.14 RIGHT TO TIMELY NOTICE

In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice.

(Adopted October 1, 1998; Renumbered from 3.12 to 3.14 January 1, 2010)

3.15 CALENDAR PRIORITY

In light of the fact that advocates are rendering a volunteer service to children and the court, matters on which they appear should be granted priority on the court's calendar whenever possible.

(Adopted October 1, 1998; Renumbered from 3.13 to 3.15 January 1, 2010)

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3.16 VISITATION THROUGHOUT DEPENDENCY

An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed.

(Adopted October 1, 1998; Renumbered from 3.14 to 3.16 January 1, 2010)

3.17 FAMILY LAW ADVOCACY

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

(Adopted October 1, 1998; Renumbered from 3.15 to 3.17 January 1, 2010)

3.18 RIGHT TO APPEAR

An advocate shall have the right to be present and be heard at all court hearings and shall not be subject to exclusion by virtue of the fact that the advocate may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a "party," as described in Title 3 of Part II of the Code of Civil Procedure. However, the court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel.

(Adopted October 1, 1998; Amended January 1, 2008; Renumbered from 3.16 to 3.18 January 1, 2010; Amended January 1, 2024)

3.19 REPRESENTATION IN JUVENILE DEPENDENCY PROCEEDINGS (California Rules of Court, rule 5.660)

A. ATTORNEYS FOR CHILDREN

Appointment of counsel is required for a child who is the subject of a petition under Welfare and Institutions Code section 300, and is unrepresented by counsel, unless the court finds the child would not benefit from the appointment of counsel.

1. In order to find that a child would not benefit from the appointment of counsel, the court
must find all of the following:

a. The child understands the nature of the proceedings;

b. The child is able to communicate and advocate effectively with the court, other
counsel, other parties, including social workers, and other professionals involved in
the case; and

c. Under the circumstances of the case, the child would not gain any benefit by being
represented by counsel.

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2. If the court finds that the child would not benefit from representation of counsel, the
court must make a finding on the record as to each criterion in (1) and state the
reasons for each finding.

3. If the court finds that the child would not benefit from representation by counsel, the
court must appoint a Court Appointed Special Advocate for the child, to serve as
guardian ad litem as required in Welfare and Institutions Code section 326.5.

B. GENERAL COMPETENCY REQUIREMENT

Every party in a dependency proceeding who is represented by an attorney is entitled to competent counsel. “Competent counsel” means an attorney who is a member of good standing of the State Bar of California, who has participated in training in the law of juvenile dependency, and who demonstrates adequate forensic skills, knowledge and comprehension of the statutory scheme, the purposes and goals of dependency proceedings, the specific statutes, Rules of Court, and cases relevant to such proceedings, and procedures for filing petitions for extraordinary writs.

All attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence set forth in subdivision (3) of Rule of Court 5.660. These standards of competence are applicable to attorneys representing public agencies, attorneys employed by public agencies, attorneys appointed by the court to represent any party in a juvenile dependency proceeding and attorneys who are privately retained to represent a party to a juvenile dependency proceeding.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.17 to 3.19 January 1, 2010; Amended January 1, 2011; Amended July 1, 2017)

3.20 SCREENING FOR COMPETENCY

A. Effective July 1, 1996, all attorneys who represent parties in a juvenile court proceeding shall meet the minimum standards of training and/or experience set forth in these rules. Any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of the attorney’s first appearance in a dependency matter.

B. Attorneys who meet the minimum standards of training and/or experience as set forth in Local

rule 3.21, as demonstrated by the information contained in the Certification of Competency submitted to the court, shall be deemed competent to practice before the juvenile court in dependency cases except as provided in Local rule 3.21(B).

C. Any attorney appearing before the court in a dependency case who does not meet the minimum standards of training and/or experience must notify the court to that effect at their initial appearance. The clerk of the court must notify the represented party by first- class mail to the party's last known address and the attorney at least ten (10) days before the hearing date of the following: 1) a hearing date, time, and location; 2) that at that hearing the court will consider the issue of whether to relieve counsel for failing to complete the requisite training and to provide a Certification of Competency; and 3) that failure to appear for the hearing will be deemed a waiver of any objection and acquiescence to the relief of appointed counsel. At

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that hearing the court must relieve such appointed counsel and must appoint certified counsel for the party whose attorney failed to complete the required training. If the attorney relieved is

a member of a public agency, the agency has the right to transfer the case to a certified attorney within that agency. In the case of retained counsel, the court must notify the party that their counsel has failed to meet the minimum standards required by these rules. The determination whether to waive certification or obtain substitute private counsel is solely within the discretion of the party so notified.

D. Upon submission of a Certification of Competency (which demonstrates that the attorney has met the minimum standards for training and/or experience), the court may determine, based on conduct or performance of counsel before the court in a dependency case within the six (6) month period prior to the submission of the certification to the court, that a particular attorney does not meet minimum competency standards. In such case, the court shall proceed as set forth in rule 3.21(D).

E. In the case of an attorney who maintains their principal office outside of this county, proof of certification by the juvenile court of the California county in which the attorney maintains an office shall be sufficient evidence of competence to appear in a juvenile proceeding in this county.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.18 to 3.20 January 1, 2010; Amended January 1, 2011; Amended January 1, 2024)

3.21 MINIMUM STANDARDS OF EDUCATION, TRAINING AND EXPERIENCE

A. Effective July 1, 2001, only those attorneys who have completed a minimum of eight (8) hours of training or education in the area of juvenile dependency, or who have sufficient recent experience in dependency proceedings in which the attorney has demonstrated competency, may be appointed to represent parties. Each attorney appearing in a dependency matter before the juvenile court shall not seek certification of competency and shall not be certified by the court as competent until the attorney has completed the following minimum requirements:

1. Participated in at least eight (8) hours of training or education in juvenile dependency law which, in addition to a summary of dependency law and related statutes and cases, must include information on child development, child abuse and neglect, substance abuse, domestic violence, family reunification and preservation and reasonable efforts; or

2. At least six (6) months of recent experience in dependency proceedings in which the attorney has demonstrated competence in the attorney's representation of their clients in said proceedings. In determining whether the attorney has demonstrated competence, the court shall consider whether the attorney's performance has substantially complied with the requirements of these rules.

B. In order to retain the attorney’s certification to practice before the juvenile court, each attorney who has been previously certified by the court shall submit a new Certificate of Competency to the court on or before June 30th of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney shall attach to the renewal Certification of Competency evidence that the attorney has completed at least eight (8) hours

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of continuing training or education directly related to dependency proceedings since the attorney was last certified. Evidence of completion of the required number of hours of training or education may include a copy of a certificate of attendance issued by a California MCLE provider; a certificate of attendance issued by a professional organization that provides training and/or education for its members, whether or not it is a MCLE provider; a copy of the training or educational program schedule together with evidence of attendance at such

program; or such other documentation as may reasonably be considered to demonstrate the attorney's attendance at such program. Attendance at a court sponsored or approved program will also fulfill this requirement.

C. The attorney's continuing training or education shall be in the areas set forth in subdivision A.1. of this rule, or in other areas related to juvenile dependency practice including, but not limited to, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, mediation, basic motion practice, and the rules of civil procedure.

D. When a certified attorney fails to submit evidence that the attorney has completed at least the minimum required training and education to the court by the due date, the court shall notify the attorney that the attorney will be decertified. That attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of the attorney’s completion of the required training or education. If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, the court shall order, except in cases where a party is represented by retained counsel, that certified counsel be substituted for the attorney who fails to complete the required training. In the case of retained counsel, the court shall notify the party that the party’s counsel has failed to meet the minimum standards required by these rules. The determination whether to waive certification or obtain substitute private counsel shall be solely within the discretion of the party so notified.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.19 to 3.21 January 1, 2010; Amended January 1, 2011; Amended January 1, 2024)

3.22 STANDARDS OF REPRESENTATION

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

A. Attorneys or their agents are expected to meet regularly with clients, including clients who are children, regardless of the age of the child or the child’s ability to communicate verbally, to contact social workers and other professionals associated with the client’s case, to work with other counsel and the court to resolve disputed aspects of a case without a contested hearing, and to adhere to the mandated timelines. The attorney for the child must have sufficient contact with the child to establish and maintain an adequate and professional attorney-client relationship. The attorney for the child is not required to assume the responsibilities of a social worker and is not expected to perform services for the child that are unrelated to the child’s legal representation.

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B. The attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the court reports filed in support thereof. This shall include conducting a comprehensive interview with the client to ascertain the client’s knowledge of and/or involvement in the matters alleged or reported: contacting social workers and other professionals associated with the case to ascertain if the allegations and/or reports are supported by accurate evidence and reliable information; consulting with and, if necessary, seeking the appointment of experts to advise the attorney or the court with respect to matters which are beyond the expertise of the attorney and/or the court; and obtaining such other facts, evidence, or information as may be necessary to effectively present the client's position to the court.

C. The attorney shall determine the client's interests and the position the client wishes to take in the matter. Except in those cases in which the client's whereabouts is unknown, this shall include a comprehensive interview with the client. If the client is a minor child who is placed out of home, in addition to interviewing the child, the attorney shall also interview the child's caretaker. The attorney or the attorney's agent shall make at least one (1) visit to the child at the child's placement prior to the jurisdiction hearing. Thereafter, the attorney or the attorney's agent should make at least one (1) visit to the child at the child's placement prior to each review hearing.

D. The attorney shall advise the client of the possible courses of action and of the risks and benefits of each. This shall include advising the client of the risks and benefits of resolving disputed matters without the necessity for a hearing and of the necessity for adhering to court mandated time limits.

E. The attorney shall vigorously represent the client within applicable legal and ethical boundaries. This shall include the duty to work cooperatively with other counsel and the court, to explore ways to resolve disputed matters without hearing if it is possible to do so in a way that is consistent with the client's interests, and to comply with the local rules and procedures as well as with statutorily mandated timelines.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.20 to 3.22 January 1, 2010; Amended January 1, 2011; Amended January 1, 2024)

3.23 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS

A. Any party to a juvenile court proceeding may lodge a written complaint with the court concerning the performance of the party’s appointed attorney in a juvenile court proceeding. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged on the child's behalf by the social worker, a caretaker relative, or a foster parent.

B. Each appointed attorney must provide written notice to the attorney’s adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice shall be given to the client within ten (10) days of the attorney's appointment to represent that client. Evidence that a copy of said notice was given or mailed to the client shall be provided to the court within ten (10) days of a request therefore from the court. In the case of a minor client, the notice shall be mailed or given to the current caretaker

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of the child. If the minor is twelve (12) years of age or older, a copy of the notice shall also be

sent or given to the minor.

C. The court shall review a complaint within ten (10) days of receipt. If the court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently or has violated local rules, the court shall notify the attorney in question of the complaint, shall provide the attorney with a copy of the complaint and shall give the attorney twenty (20) days from the date of the notice to respond to the complaint in writing.

D. After a response has been filed by the attorney or the time for submission of a response has passed, the court shall review the complaint and the response, if any, to determine whether the attorney acted contrary to local rules or has acted incompetently. The court may ask the complainant or the attorney for additional information prior to making a determination on the complaint.

E. If, after reviewing the complaint, the response, and any additional information, the court finds that the attorney acted improperly or contrary to the rules or policies of the court, the court may reprove the attorney, either privately or publicly, and may, in cases of willful or egregious violations of local rules, issue such reasonable monetary sanctions against the attorney as the court may deem appropriate.

F. If, after reviewing the complaint, the response and any additional information, the court finds that the attorney acted incompetently, the court may order that the attorney practice under the supervision of a mentor attorney for a period of at least six (6) months, that the attorney complete a specified number of hours of training or education in the area in which the attorney was found to have been incompetent, or both. In cases in which the attorney's conduct caused actual harm to the attorney’s client, the court shall order that competent counsel be substituted for the attorney found to have been incompetent and may, in the court's discretion, refer the matter to the State Bar of California for further action.

G. The court shall notify the attorney and the complaining party in writing of its determination of the complaint. If the court makes a finding under subdivisions (E) or (F), the attorney shall have ten (10) days after the date of the notice to request a hearing before the court concerning the court's proposed action. If the attorney does not request a hearing within that period of time, the court's determination shall become final.

H. If the attorney requests a hearing, the attorney shall serve a copy of the request on the complaining party. The hearing shall be held as soon as practicable after the attorney's request therefore, but in no case shall it be held more than thirty (30) days after it has been requested except by stipulation of the parties. The complainant and the attorney shall each be given at least ten (10) days’ notice of the hearing. The hearing may be held in chambers. The hearing shall not be open to the public. The court may designate a commissioner, referee, judge pro tempore, or any qualified member of the bar to act as hearing officer.

I. At the hearing, each party shall have the right to present arguments to the hearing officer with respect to the court's determination. Such arguments shall be based on the evidence before the court at the time the determination was made. No new evidence may be presented unless the party offering such evidence can show that it was not reasonably available to the party at the time that the court made its initial determination with respect to the complaint. Within ten

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(10) days after the hearing, the court or hearing officer shall issue a written determination upholding, reversing or amending the court's original determination. The hearing decision shall be the final determination of the court with respect to the matter. A copy of the hearing decision shall be provided to both the complainant and the attorney.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.21 to 3.23 January 1, 2010; Amended January 1, 2011; Amended January 1, 2024)

3.24 COURT APPOINTED SPECIAL ADVOCATE AS GUARDIAN AD LITEM

If the court makes the findings as outlined in Local rule 3.19(A) and does not appoint an attorney to represent a child, the court must appoint a Court Appointed Special Advocate (CASA) as guardian ad litem for the child.

A. The required training of a CASA volunteer is set forth in California Rules of Court, rule 5.655.

B. The caseload of a CASA volunteer acting as a guardian ad litem must be limited to ten (10) cases. A case may include siblings, absent a conflict.

C. CASA volunteers must not assume the responsibilities of attorneys for children.

D. The appointment of an attorney to represent a child does not prevent the appointment of a CASA volunteer for that child.

(Adopted July 1, 2002; Renumbered from 3.22 to 3.24 January 1, 2010; Amended January 1, 2011)

3.25 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD

A. At any time following the filing of a petition under Welfare and Institutions Code section 300, and until juvenile court jurisdiction is terminated, any interested person may advise the court of information regarding an interest or right of the child that needs to be protected or pursued in other judicial or administrative forums. If the attorney for the child, or a Court Appointed Special Advocate (CASA), acting as a guardian ad litem learns of any such interest or right, the attorney or CASA must notify the court immediately and seek instructions from the court as to any appropriate procedures to follow.

B. Notice to the court may be given by the filing of Judicial Council forms Juvenile Dependency Petition (Version One) (JV-100) or Request to Change Court Order (JV-180) or by the filing of a declaration. The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.

C. If the person filing the notice is the counsel for the minor, the motion shall state what action on the child's behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the

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appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child's interests and whether further investigation may be necessary. If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.

D. The court may set a hearing on the notice if the court deems it necessary in order to determine the nature of the child's right or interest or whether said interest should be protected or pursued.

E. If the court determines that further action on behalf of the child is required to protect or pursue any interests or rights, the court must appoint an attorney for the child if the child is not already represented by counsel, and do one or all of the following:

1. Refer the matter to the appropriate agency for further investigation, and require a report to the court within a reasonable time;

2. Authorize and direct the child’s attorney to initiate and pursue appropriate action;

3. Appoint a guardian ad litem for the child, who may be the CASA already appointed as guardian ad litem or a person who will act only if required for to initiate and pursue appropriate action; or

4. Take any other action the court may deem necessary or appropriate to protect or pursue the welfare, interests, and rights of the child.

(Adopted October 1, 1998; Amended July 1, 2002; Renumbered from 3.23 to 3.25 January 1, 2010; Amended January 1, 2011)

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APPENDIX

For Court Use Only

/

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MONTEREY JUVENILE DIVISION

CERTIFICATION OF COMPETENCY OF COUNSEL C.R.C. 5.660

Name: ______________________________________________________________________

State Bar Number: _________________________ Telephone: __________________________

Office Address: _______________________________________________________________

I am an attorney at law licensed to practice in the State of California. I hereby certify that I meet the minimum standards for practice before a juvenile court as set forth in California Rules of Court, rule 5.660, and Monterey County Superior Court Local Rules, and I have completed the minimum requirements for training, education and/or experience as set forth below.

Training and Education (Attach copies of MCLE certificates or other documentation):

Course Title Date Hours and Provider Completed

Juvenile Dependency Experience (Attach additional pages if necessary):

Case Number Number of Date of Last Party Represented Contested Appearance Hearings

---

Signature Date

Revised January 1, 2023

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Table of Contents

GENERAL PROVISIONS .......................................................................................................................... 4 4.1 PREAMBLE .................................................................................................................................. 4 4.2 PROBATE JUDGE........................................................................................................................ 4 4.3 CONSOLIDATION OF RELATED CASES (Code of Civil Procedure section 1048; California Rules of Court, rule 3.350) ............................................................................................................ 4 4.4 PROBATE NOTES AND TENTATIVE RULINGS ......................................................................... 4 4.5 CONTACT WITH RESEARCH ATTORNEY / PROBATE EXAMINER ........................................ 5 4.6 – 4.9 RESERVED ......................................................................................................................... 5 PLEADINGS, PAPERS, AND FORMS ..................................................................................................... 5 4.10 CAPTION OF PETITIONS AND PLEADINGS ............................................................................. 5 4.11 AMENDED PLEADINGS .............................................................................................................. 5 4.12 USE OF POST OFFICE BOX NUMBERS .................................................................................... 5 4.13 LOCAL FORMS ............................................................................................................................ 6 4.14 – 4.19 RESERVED ....................................................................................................................... 6 HEARINGS ................................................................................................................................................ 6 4.20 PROBATE CALENDAR AND SETTINGS .................................................................................... 6 4.21 APPLICATIONS FOR EX PARTE ORDERS ................................................................................ 6 4.22 APPEARANCES ........................................................................................................................... 7 4.23 CONTINUANCES ......................................................................................................................... 7 4.24 – 4.29 RESERVED ....................................................................................................................... 7 ORDERS .................................................................................................................................................... 7 4.30 MATERIAL TO BE INCLUDED IN PROBATE ORDERS ............................................................. 7 4.31 PROPOSED ORDERS—FORM AND CONTENT ........................................................................ 8 4.32 – 4.34 RESERVED ....................................................................................................................... 8 MISCELLANEOUS MATTERS ................................................................................................................. 8 4.35 DECLARATION OF DUE DILIGENCE – DISPENSING WITH NOTICE (California Rules of Court, rule 7.52) ............................................................................................................................ 8 4.36 WITHDRAWAL OF COUNSEL OF RECORD (Code of Civil Procedure section 284) ................. 8 4.37 PROVISION RE: SURVIVORSHIP IN WILL ................................................................................ 9 4.38 SPOUSAL OR DOMESTIC PROPERTY PETITION (Probate Code sections 13650 - 13660) ... 9 4.39 PROCEEDING TO COMPROMISE MINOR’S OR INCOMPETENT’S CLAIM (Probate Code sections 3500 – 3612) ......................................................................................................... 9 4.40 – 4.49 RESERVED ..................................................................................................................... 10 DECEDENTS’ ESTATES ........................................................................................................................ 10 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS .............................................................. 10 4.50 ALLEGATIONS IN PETITIONS RE: BENEFICIARIES ............................................................... 10 4.51 DECLINATIONS AND CONSENTS TO SERVE ........................................................................ 11 4.52 CONFIDENTIAL STATEMENT OF BIRTH DATE AND DRIVER’S LICENSE NUMBER .......... 11 4.53 MULTIPLE FIDUCIARIES .......................................................................................................... 11

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4.54 – 4.59 RESERVED ..................................................................................................................... 11 ACCOUNTS, REPORTS, DISTRIBUTION, DISCHARGE ...................................................................... 11 4.60 REQUIRED FORM OF ACCOUNTS (Probate Code sections 1060 – 1064) ............................. 11 4.61 ALLEGATION RE: CREDITOR CLAIMS .................................................................................... 12 4.62 PAYMENT OF INTEREST ON FUNERAL AND INTERMENT CLAIMS .................................... 12 4.63 PROPERTY TO BE DISTRIBUTED MUST BE LISTED (California Rules of Court, rule 7.651) 13 4.64 DEBTS PAID WITHOUT VERIFIED CLAIMS ............................................................................ 13 4.65 DESCRIPTION OF DISTRIBUTEES .......................................................................................... 13 4.66 NOTICE TO PUBLIC ENTITIES (Probate Code section 9202) .................................................. 13 4.67 DISTRIBUTION UNDER ACT .................................................................................................... 13 4.68 ORDER FOR DISTRIBUTION .................................................................................................... 14 4.69 RECEIPTS ON DISTRIBUTION ................................................................................................. 14 4.70 DISCHARGE OF FIDUCIARY .................................................................................................... 15 4.71 TERMINATION OF NO-ASSET ESTATE (Probate Code section 12251) ................................. 15 4.72 – 4.79 RESERVED ..................................................................................................................... 15 RULES COMMON TO CONSERVATORSHIPS AND GUARDIANSHIPS ............................................. 15 4.80 PERSONAL CONTACT INFORMATION.................................................................................... 15 4.81 NOTICE TO COURT INVESTIGATOR....................................................................................... 15 4.82 TEMPORARY CONSERVATORSHIPS AND GUARDIANSHIPS .............................................. 16 4.83 APPOINTMENT OF ATTORNEYS FOR CONSERVATEES AND MINORS ............................. 16 4.84 BOND .......................................................................................................................................... 16 4.85 FIXING CONSERVATEE OR MINOR'S RESIDENCE OUTSIDE OF CALIFORNIA (Probate Code section 2352) ..................................................................................................................... 17 4.86 SUBSTITUTED JUDGMENT (Probate Code sections 2580-2586) ........................................... 17 4.87 – 4.89 RESERVED ..................................................................................................................... 17 CONSERVATORSHIPS .......................................................................................................................... 18 PETITIONS FOR CONSERVATORSHIP ................................................................................................ 18 4.90 PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR OF THE PERSON ONLY . 18 4.91 REQUIRED DOCUMENTS FOR APPOINTMENT OF CONSERVATOR .................................. 18 4.92 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS ............................................... 19 4.93 HEARING AND APPOINTMENT OF CONSERVATOR ............................................................. 19 4.94 NOTICE OF CHANGE OF ADDRESS ....................................................................................... 20 4.95 – 4.99 RESERVED ..................................................................................................................... 20 COURT REVIEWS, ACCOUNTS AND STATUS REPORTS ................................................................. 20 4.100 COURT REVIEWS (Probate Code section 1850) ...................................................................... 20 4.101 ACCOUNTS AND ACCOUNTING .............................................................................................. 20 4.102 FINAL ACCOUNTS..................................................................................................................... 21 4.103 WAIVER OF ACCOUNT FOR SMALL ESTATES (Probate Code § 2628) ................................ 22 4.104 CONSERVATEE – BENEFICIARY OF A TRUST ...................................................................... 22 4.105 – 4.109 RESERVED ................................................................................................................... 22 RESIGNATION AND REMOVAL OF CONSERVATOR ......................................................................... 23

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4.110 RESIGNATION OR REMOVAL; APPOINTMENT OF SUCCESSOR; FINAL ACCOUNT AND DISCHARGE .............................................................................................................................. 23 4.111 COURT INVESTIGATOR FEES (Probate Code section 1851.5) .............................................. 23 4.112 – 4.119 RESERVED ................................................................................................................... 24 GUARDIANSHIPS ................................................................................................................................... 24 4.120 APPOINTMENT OF GENERAL GUARDIANS ........................................................................... 24 4.121 DUTIES OF GUARDIAN - LIABILITY OF PARENTS TO SUPPORT CHILD ............................ 24 4.122 ACCOUNTS OF GUARDIANS (Probate Code section 2620) .................................................... 25 4.123 ANNUAL REVIEW OF GUARDIANSHIPS (Probate Code section 1513.2) ............................... 25 4.124 – 4.129 RESERVED ................................................................................................................... 25 SALES IN DECEDENTS’ ESTATES, CONSERVATORSHIPS, AND GUARDIANSHIPS .................... 26 4.130 PUBLISHED NOTICE FOR SALE OF REAL ESTATE .............................................................. 26 4.131 CONFIRMING SALE OF REAL PROPERTY (Probate Code sections 10300 to 10316) ........... 27 4.132 EXCLUSIVE LISTINGS FOR THE SALE OF REAL PROPERTY .............................................. 28 4.133 BOND ON SALE OF REAL ESTATE ......................................................................................... 28 4.134 BROKER'S COMMISSIONS – GENERAL RULE....................................................................... 28 4.135 DISPUTES ABOUT BROKERS’ COMMISSIONS ...................................................................... 29 4.136 TANGIBLE PERSONAL PROPERTY......................................................................................... 29 4.137 SALE OF SPECIFICALLY DEVISED PROPERTY .................................................................... 29 4.138 SALE OF REAL PROPERTY WITH INDEPENDENT POWERS (CONSERVATORSHIPS / GUARDIANSHIPS) ..................................................................................................................... 29 4.139 – 4.149 RESERVED ................................................................................................................... 29 TRUSTS ................................................................................................................................................... 30 4.150 TRUSTEES’ ACCOUNTS (Probate Code sections 16062 – 16064; California Rules of Court, rules 7.901 - 7.903) .......................................................................................................... 30 4.151 – 4.159 RESERVED ................................................................................................................... 30 COMPENSATION OF FIDUCIARIES AND ATTORNEYS (Probate Code sections 2640 through 2647, 10800 through 10832, 16243; California Rules of Court, rules 7.700 through 7.776)............ 30 4.160 COMPENSATION OF ATTORNEYS AND PARALEGALS ........................................................ 30 4.161 USE OF PARALEGALS (Probate Code sections 2642(a), 8547(d), 10811(b), & 10953(d)) ..... 31 4.162 COMPENSATION OF COURT-APPOINTED COUNSEL IN CONSERVATORSHIPS AND GUARDIANSHIPS ..................................................................................................................... 31 4.163 COMPENSATION OF FIDUCIARIES (CONSERVATORS, GUARDIANS, TRUSTEES) .......... 31 4.164 EXCLUSION OF SECRETARIAL AND OVERHEAD SERVICES AND COSTS ....................... 32 4.165 EXTRAORDINARY COMPENSATION IN DECEDENTS’ ESTATES ........................................ 33

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GENERAL PROVISIONS

4.1 PREAMBLE

The rules of this chapter apply to every action and proceeding to which the Probate Code applies. These rules are designed to supplement the Probate Code and Title 7 of the California Rules of Court and to promote uniformity in practice and procedure in Monterey County. In exceptional circumstances and for good cause shown, the court will consider individual exceptions to these rules where not prohibited from doing so by statutory or case law. If a certain law or provision is not addressed in this chapter of the Local Rules of Court, please review the Civil chapter of the Local Rules of Court or the California Rules of Court for information pertinent to the law or provision.

(Adopted October 1, 1998; Amended January 1, 2007; Rule 5.0 renumbered as 4.1 and amended January 1, 2022)

4.2 PROBATE JUDGE

(Adopted October 1, 1998; Rule 4.1 renumbered as 4.2 January 1, 2022, Rule 4.2 renumbered 1.4(C) July 1, 2024)

4.3 CONSOLIDATION OF RELATED CASES (Code of Civil Procedure section 1048; California Rules of Court, rule 3.350)

Whenever it appears that two (2) or more petitions with different case numbers have been filed involving the same matter or proceeding, the court will, on its own motion at the earliest opportunity, consolidate all of the matters into the file bearing the lowest number. All documents filed after consolidation must bear the case number of the controlling file.

(Rule 4.04 previously adopted October 1, 1998; Amended January 1, 2002; Renumbered as 4.0 and new rule 4.04 adopted January 1, 2009; Amended July 1, 2017; Rule 4.4 renumbered as 4.3 January 1, 2022)

4.4 PROBATE NOTES AND TENTATIVE RULINGS

A. Probate notes are posted on the court’s website ahead of a hearing to alert parties to procedural deficiencies or issues the court wishes to discuss at the hearing. Parties are expected to check probate notes ahead of the hearing and to address the issues prior to the hearing. Probate notes can be accessed on the court’s website at www.monterey.courts.ca.gov/probate/notes.

B. Tentative Rulings. Tentative rulings may be issued as provided for in Local Rule 7.9.

(Adopted January 1, 2022; Amended July 1, 2023)

4.5 CONTACT WITH RESEARCH ATTORNEY / PROBATE EXAMINER

The research attorneys and probate examiners are not required to provide answers to general legal and/or hypothetical questions. General legal questions or questions involving hypothetical

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fact situations will be discussed at the discretion of the research attorney. Such discussions may not be cited as authority for actions subsequently taken and should not be cited or added to pleadings.

Research attorneys and probate examiners should not be considered an alternative to basic legal research.

(Adopted October 1, 1998; Rule 4.06 renumbered as 4.07 and amended January 1, 2009; Amended July 1, 2017; Rule 4.7 renumbered as 4.5 and amended January 1, 2022)

4.6 – 4.9 RESERVED

PLEADINGS, PAPERS, AND FORMS

4.10 CAPTION OF PETITIONS AND PLEADINGS

With the exception of Judicial Council forms, all separately filed pleadings and declarations must include in the caption, the date, time, and place of hearing.

The calendar department of the court is not required to read the body of the petition or the prayer to determine the adequacy of the pleading. The caption of petitions must be all-inclusive as to the relief sought in the petition so that the matter may be properly calendared and posted, and filing fees, if any, determined.

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2002; Rule 4.10 renumbered as 4.12 and amended January 1, 2009; Rule 4.12 renumbered as 4.10 and amended January 1, 2022)

4.11 AMENDED PLEADINGS

When filing an amended pleading after the initial hearing, parties shall file a declaration providing an explanation of the amendment(s) to the original pleading or a redlined/highlighted version showing the changes made.

(Adopted January 1, 2022)

4.12 USE OF POST OFFICE BOX NUMBERS

Any documents which require the address of a fiduciary in any probate, conservatorship, or guardianship matter must provide a complete street address. The use of P.O. Box numbers or letters alone is not acceptable.

(Adopted October 1, 1998; Rule 4.69 renumbered as 4.72 January 1, 2009; Rule 4.72 renumbered as 4.13 and amended January 1, 2022)

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4.13 LOCAL FORMS

The Probate Department uses local forms for mandatory or optional use, which are referred to in the rules of this chapter. See Local rule 19.16 for more information.

(Adopted January 1, 2022)

4.14 – 4.19 RESERVED

HEARINGS

4.20 PROBATE CALENDAR AND SETTINGS

Probate matters are heard in Monterey on Wednesdays. Please see the court’s website at www.monterey.courts.ca.gov for available dates.

When filing a petition or other paper requiring a hearing, submit a notice of hearing. If a hearing has not been scheduled, the petitioner shall leave the space for the date blank. The clerk will fill in the next available date on the document, unless the date requested in the e-filing comment is available. Petitioner may request a particular date when submitting the documents.

If it appears that a matter will require more than ten (10) minutes, the court may reset the matter to another time and/or day.

(Adopted October 1, 1998; Amended January 1, 2001; Amended July 1, 2001; Amended July 1, 2004; Rule 4.07 renumbered as 4.08 and amended January 1, 2009; Amended July 1, 2013; Amended July 1, 2017; Rule 4.8 renumbered as 4.20 and amended January 1, 2022)

4.21 APPLICATIONS FOR EX PARTE ORDERS

A. Procedures for ex parte applications in decedent’s estate, trust, conservatorship, and guardianship matters shall be conducted in the same manner as those in general civil cases, per Local Rule 7.11.

B. The following applications for orders may be made and considered on the papers alone and without a hearing. In considering the application, the court may require the application be set for hearing:

1. Appointing counsel for a conservatee or minor.
2. Appointing a guardian ad litem.
3. Appointing a probate referee.
4. Amending Letters based on death or name change.
5. Obtaining an amended order.
6. Increasing bond. California Rules of Court, rule 7.204.
7. Waiving an accounting. Probate Code section 2628.
8. Withdrawing funds from blocked account. California Rules of Court, rule 7.954.
9. Obtaining an earlier hearing date on a petition or motion.
10. Allowing an exclusive listing for the sale of real property. Probate Code section 10150.

(Adopted October 1, 1998; Amended January 1, 2001; Amended July 1, 2001; Rule 4.05

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renumbered as 4.06 January 1, 2009; Repealed January 1, 2011; Amended July 1, 2012; Amended July 1, 2013; Rule 4.6 renumbered as 4.21 and amended January 1, 2022; Renumbered to add subd. (B) January 1, 2023)

4.22 APPEARANCES

All matters require an appearance, unless otherwise stated in these rules, or the Probate Notes state the matter is ready for decision absent objection and that no appearance is required. If an objection is raised at the hearing and petitioner elected not to appear, the matter may be continued. If an appearance is not excused by the Probate Notes and no one appears, the court may set an Order to Show Cause re: dismissal or take other action.

To determine if an appearance is required, view “Probate Notes” on the probate section of the court’s website at http://www.monterey.courts.ca.gov/Probate/.

(Adopted October 1, 1998; Amended January 1, 2001; Amended July 1, 2004; Rule 4.08 renumbered as 4.09 and amended January 1, 2009; Amended July 1, 2013; Amended July 1, 2017; Rule 4.9 renumbered as 4.22 and amended January 1, 2022)

4.23 CONTINUANCES

Matters may not be continued by the petitioning party or by stipulation of counsel without authorization from the court. The court will not accept telephone or letter requests to continue the matter. All requests for continuance shall use Local form CI-105, Request for Continuance of Hearing & Order. The fee stated in Government Code section 70617 shall be submitted with the request. All requests should be filed with the court no later than five (5) court days prior to the hearing.

(Adopted October 1, 1998; Rule 4.14 renumbered as 4.16 January 1, 2009; Amended July 1, 2017; Rule 4.16 renumbered as 4.23 and amended January 1, 2022)

4.24 – 4.29 RESERVED

ORDERS

4.30 MATERIAL TO BE INCLUDED IN PROBATE ORDERS

A. Orders shall contain the name of the judge presiding, the date of hearing and the department. All pages of the order shall include the case name and number in a footer or header. All orders in probate matters must be complete in themselves. They shall set forth, with the same particularity required of judgments in civil matters, all matters actually passed on by the court, the relief granted, the names of any persons affected, the descriptions of any property affected and the amounts of any money affected. Probate orders should be written so their general effect may be determined without reference to the petition on which they are based. Orders may reference attached exhibits where use of the exhibits is meant to safeguard against typographical errors, for example where lengthy property descriptions are involved. Exhibits must reference the case name and number. The preferred practice is to incorporate the exhibit into the order and provide for a judicial signature element at the end of the exhibit.

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B. Orders Settling Accounts. In orders settling accounts it is proper to use general language approving the account, the report, and the acts reflected therein. It is not sufficient in any order to recite merely that the petition as presented is granted. Orders settling accounts must also contain a statement as to fees approved, fees waived, and the balance of the estate on hand, specifically noting the amount of cash included.

(Adopted October 1, 1998; Amended January 1, 2002; Rule 4.04 renumbered as 4.05 and amended January 1, 2009; Amended January 1, 2010; Amended July 1, 2013; Amended July 1, 2017; Rule 4.5 renumbered as 4.30 and amended January 1, 2022)

4.31 PROPOSED ORDERS—FORM AND CONTENT

A. Orders must be separate documents. Orders may not be included in the body of a petition, application, or motion.

B. Orders may not include a blank judicial signature page following the text on an order. Use footers on the signature page which would include the case name and case number.

C. In all contested matters or upon request of the court, parties shall comply with California Rules of Court, rule 3.1312 in preparing and submission of orders. In lieu of electronically submitting editable word-processing versions of proposed orders to the court’s electronic service address, parties must electronically file the proposed order in PDF format using the court’s electronic filing system.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2001; Amended January 1, 2002; Amended January 1, 2006; Amended January 1, 2007; Rule 4.09 renumbered as 4.10 and amended January 1, 2009; Repealed 4.10 (A)-(C) and renumbered (D)-(F) to (A)-(C) July 1, 2013; Amended July 1, 2017; Rule 4.10 renumbered as 4.31 and amended January 1, 2022)

4.32 – 4.34 RESERVED

MISCELLANEOUS MATTERS

4.35 DECLARATION OF DUE DILIGENCE – DISPENSING WITH NOTICE (California Rules of Court, rule 7.52)

If a person entitled to notice cannot be located for service, parties may use optional Local form CI- 129, Declaration of Due Diligence, to show their current efforts to locate the person.

(Adopted January 1, 2022)

4.36 WITHDRAWAL OF COUNSEL OF RECORD (Code of Civil Procedure section 284)

The following provisions apply to attorneys appointed by the court to serve as appointed counsel and guardians ad litem and also attorneys for guardians, conservators, personal representatives in estates, and trustees of trusts under court supervision.

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A. When a substitution of attorney is not filed, counsel wishing to withdraw from a probate proceeding as counsel of record must file and serve a motion to withdraw in accordance with California Rules of Court, rule 3.1362.

B. Motions for withdrawal where a bond has been filed by a surety must be accompanied by proof of service of the notice required by Probate Code section 1213.

(Rule 4.11 previously adopted October 1, 1998; Renumbered as 4.13 January 1, 2009; New rule 4.11 adopted January 1, 2009; Rule 4.11 renumbered as 4.36 and amended January 1, 2022)

4.37 PROVISION RE: SURVIVORSHIP IN WILL

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 the expiration of the survivorship period.

(Adopted October 1, 1998; Rule 4.29 renumbered as 4.32 January 1, 2009; Rule 4.32 renumbered as 4.37 and amended January 1, 2022)

4.38 SPOUSAL OR DOMESTIC PROPERTY PETITION (Probate Code sections 13650 - 13660)

A spousal or domestic property petition that seeks a determination of the community or quasi- community property character of property must contain the following information if the decedent’s last will does not leave all property to the surviving spouse or if the surviving spouse is not the sole intestate heir:

A. The date of marriage;

B. A description of whether the property that is the subject of the petition was acquired prior to or during marriage, and the source of the funds used to acquire the property;

C. A statement concerning the legal title to the real property at the decedent’s date of death; and

D. If the petition alleges the character of property was transmuted after December 31, 1984, a written, signed copy of the transmutation must be attached to the petition.

(Adopted January 1, 2022)

4.39 PROCEEDING TO COMPROMISE MINOR’S OR INCOMPETENT’S CLAIM (Probate Code sections 3500 – 3612)

A. Petition. A petition to compromise the claim of a minor or incompetent (Judicial Council form MC-350) will be heard in the civil department. The petition must set forth jurisdictional facts and state the amount to be paid, by whom, and what disbursement for costs and/or fees is requested. The petition must also request the deposit of the balance of the proceeds in a blocked account in a federally insured bank, credit union, or savings and loan association in the manner provided by law, with receipts filed.

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B. Order. The order approving compromise (Judicial Council form MC-351) shall provide for the person or entity holding funds to make a check payable to the person or persons entitled to costs and fees and shall provide for the issuance of a check for the remaining funds made payable to the proposed trustee AND the bank, credit union, or savings and loan association. A separate order to deposit money into blocked account (Judicial Council form MC-355) shall be submitted contemporaneously with the order approving compromise.

C. Duty of Attorney. The attorney for the petitioner is responsible for assuring that the funds are deposited in accordance with the order and receipts filed.

1. The receipt and acknowledgment for deposit into blocked account (Judicial Council form MC-356) shall be signed by a manager or assistant manager and filed with a business card.
2. The court will set a hearing for proof of deposit into blocked account or proof of purchase annuity. Unless otherwise ordered by the court, no appearance at the proof of deposit hearing is required if proof of deposit is filed with the court prior to that date.

(Adopted October 1, 1998; Amended January 1, 2004; Amended January 1, 2007; Rule 5.35 renumbered to 5.42 and amended January 1, 2009; Amended January 1, 2011; Amended July 1, 2014; Rule 5.42 renumbered as 4.39 and amended January 1, 2022)

4.40 – 4.49 RESERVED

DECEDENTS’ ESTATES

APPOINTMENT OF EXECUTORS AND ADMINISTRATORS

4.50 ALLEGATIONS IN PETITIONS RE: BENEFICIARIES

A. Nominated Trustee(s). The nominated trustee(s) of a trust created by a will must be listed as a beneficiary. If the trustee is also the estate representative or no trustee has been appointed, the individual trust beneficiaries must also be set forth and served with notice of hearing as set forth in Probate Code section 1208.

B. If the beneficiary of a will is a trustee for a trust, then petitioner must file a copy of the Trust as a separate confidential document.

C. If there is an allegation in the petition for probate that there is an issue of a pre-deceased child, then include the name of the pre-deceased child(ren) and the date of death when listing all heirs of the Decedent in the initial petition seeking appointment of a personal representative.

D. Post-deceased Beneficiaries. If a beneficiary dies after the decedent, and a personal representative has been appointed for the beneficiary, the beneficiary should be listed in care of the name and address of the personal representative. If no personal representative has been appointed, the beneficiary should be listed as deceased and notice should be given to the beneficiaries of the post-deceased beneficiary. In either case, the date of death of the post- deceased beneficiary should be included.

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E. Contingent Beneficiaries. All contingent beneficiaries must be listed in the petition and are entitled to receive notice of the hearing.

(Adopted October 1, 1998; Amended January 1, 2001) Rule 4.18 renumbered as 4.20 January 1, 2009; Amended July 1, 2017; Rule 4.20 renumbered as 4.50 January 1, 2022)

4.51 DECLINATIONS AND CONSENTS TO SERVE

A. Declination of Named Executor. It is insufficient to allege that the person named in the decedent's will as executor declines to serve. A written declination to serve, verified under penalty of perjury by such person, must be filed with the court. (Code of Civil Procedure section 2015.5.)

B. Two or More Executors. If a petition for letters to be issued to two (2) or more executors is filed, and one (1) or more of the named executors is not a petitioner, each non-petitioning executor must file a consent to act, verified under penalty of perjury.

(Adopted October 1, 1998; Rule 4.26 renumbered as 4.29 January 1, 2009; Rule 4.29 renumbered as 4.51 and amended January 1, 2022)

4.52 CONFIDENTIAL STATEMENT OF BIRTH DATE AND DRIVER’S LICENSE NUMBER

The court requires all proposed personal representatives to file the Confidential Statement of Birth Date and Driver's License Number (Judicial Council form DE-147S) pursuant to Probate Code section 8404, subdivision (b).

(Rule 4.25 previously adopted October 1, 1998; Amended January 1, 2008; Renumbered as 4.28 January 1, 2009; New rule 4.25 adopted January 1, 2009; Rule 4.25 renumbered as 4.52 and amended January 1, 2022)

4.53 MULTIPLE FIDUCIARIES

When multiple personal representatives are appointed, letters shall be issued jointly to all of them, and not separately to any of them, unless specifically permitted by court order.

(Adopted October 1, 1998; Rule 4.27 renumbered as 4.30 January 1, 2009; Rule 4.30 renumbered as 4.53 and amended January 1, 2022)

4.54 – 4.59 RESERVED

ACCOUNTS, REPORTS, DISTRIBUTION, DISCHARGE

4.60 REQUIRED FORM OF ACCOUNTS (Probate Code sections 1060 – 1064)

A. All accounts filed in probate proceedings shall comply with Probate Code sections 1060 through 1064.

B. Waiver of Accounting. A detailed accounting may be waived by petition when all interested persons consent, are adult and competent. All waivers must be filed with the court. The effect

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of the waiver is to make it unnecessary to provide financial details, with the exception of a detailed listing of the property to be distributed and its' value for distribution purposes. All other

matters normally reported upon at the time an accounting is filed must be presented in the petition. (See California Rules of Court, rule 7.550.)

C. Account Waiver by Administrator/Trustee. The court will ordinarily not approve a waiver of accounting where the estate’s administrator is trustee of a trust that is the sole or a primary beneficiary of the estate, unless all trust beneficiaries waive the filing of an account.

D. Description of Bonds in Accounts. In any account, other than a final account, where bond has been posted, there shall be included a separate paragraph setting forth the total bond(s) posted, the date posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond required.

(Adopted October 1, 1998; Amended January 1, 2001; Rule 4.45 renumbered as 4.48 January 1, 2009; Amended July 1, 2013; Rule 4.48 renumbered as 4.60 and amended January 1, 2022)

4.61 ALLEGATION RE: CREDITOR CLAIMS

Prior to filing the interim or final account, counsel are advised to review the court file to ensure that all creditors' claims which may have been filed have been addressed in the interim or final account. It is not sufficient in reports accompanying accounts or in reports where an accounting is waived, to allege merely that all claims have been paid. The personal representative shall provide the information required in California Rules of Court, rule 7.403.

Known creditors, contacted pursuant to Probate Code sections 9050 to 9054, inclusive, must be listed, whether or not such creditors filed a claim against the estate. Notices of administration required by Probate Code section 9050 must be on file with the court prior to, or at the time of, the hearing on the petition for final distribution.

The foregoing allegations must appear in the final report even though they may have appeared in whole or in part in prior reports.

(Adopted October 1, 1998; Rule 4.46 renumbered as 4.49 January 1, 2009; Rule 4.49 renumbered as 4.61 and amended January 1, 2022)

4.62 PAYMENT OF INTEREST ON FUNERAL AND INTERMENT CLAIMS

When accrued interest has been paid in connection with the delayed payment of claims for the reasonable cost of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken. The allegation shall set forth reasons for any delay in making payment. The court will not allow credit for payment of interest where the delay in payment of the claims is not justified by the facts set forth.

Interest on funeral and interment creditors' claims will only be allowed as provided by Health and Safety Code section 7101, which provides that interest is allowed commencing sixty (60) days after the date of death.

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(Adopted October 1, 1998; Rule 4.33 renumbered as 4.36 January 1, 2009; Rule 4.37 renumbered as 4.62 and amended January 1, 2022)

4.63 PROPERTY TO BE DISTRIBUTED MUST BE LISTED (California Rules of Court, rule 7.651))

The petition for distribution must list and describe in detail all property to be distributed, individual values and the total value. Description by reference to the inventory is not acceptable.

The petition for distribution must also list and describe in detail each beneficiary's specific share of all property to be distributed.

(Adopted October 1, 1998; Amended July 1, 2001; Rule 4.48 renumbered as 4.51 January 1, 2009; Rule 4.51 renumbered as 4.63 and amended January 1, 2022)

4.64 DEBTS PAID WITHOUT VERIFIED CLAIMS

Even if a claim has not been filed, the court may, under Probate Code section 9154, approve the payment of a debt if the accounting or final report shows that such debt was allowed during the time within which such claim could have been filed and the estate is solvent. Such approval, however, is discretionary with the court and must be justified by allegations in a verified petition.

(Adopted October 1, 1998; Rule 4.49 renumbered as 4.52 January 1, 2009; Rule 4.52 renumbered as 4.64 and amended January 1, 2022)

4.65 DESCRIPTION OF DISTRIBUTEES

The names and present addresses of all persons who are affected by the petition, and whether they are adults or minors, must appear in any petition for distribution.

(Adopted October 1, 1998; Rule 4.51 renumbered as 4.54 January 1, 2009; Rule 4.54 renumbered as 4.65 and amended January 1, 2022)

4.66 NOTICE TO PUBLIC ENTITIES (Probate Code section 9202)

Before the court will authorize distribution, there must be a showing of compliance with Probate Code section 9202 with regard to notice to the Director of Health Care Services, the Director of the California Victim Compensation Board, and the Franchise Tax Board, or a showing that the notice thereunder is not required.

(Adopted October 1, 1998; Rule 4.52 renumbered as 4.55 January 1, 2009; Amended January 1, 2010; Rule 4.65 renumbered as 4.66 and amended January 1, 2022)

4.67 DISTRIBUTION UNDER ACT

A. Schedule of Creditor Claims. In any petition for distribution, a schedule of claims must be included as part of the petition, showing the name of the claimant, amount claimed, date presented, date allowed, the amount allowed, and if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice of rejection

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with affidavit of mailing to the creditor must be on file. The notice of allowance should not be filed unless the creditor is the personal representative and/or counsel for the estate.

B. Preliminary Distribution. Although a preliminary distribution may be made without an accounting, sufficient facts must be set forth in the petition to allow the court to ascertain that the estate is solvent. If the court has questions concerning the propriety of a preliminary distribution, the court may require an accounting.

C. Description of Independent Acts. In any petition for distribution, all independent acts taken without prior court approval shall be set forth and described, and an allegation made that the fifteen (15) day notice of proposed action was duly served and that no objections were received or that notice was not required. The "Notice of Proposed Action," with attached affidavit of mailing shall be on file with the court. If certain acts have been properly reported in a prior petition for distribution, and notices filed, they need not be reported again.

(Adopted October 1, 1998; Rule 4.30 renumbered as 4.33 January 1, 2009; Rule 4.33 renumbered as 4.67 and amended January 1, 2022)

4.68 ORDER FOR DISTRIBUTION

An order for distribution shall be written so that the full extent of the order may be determined without reference to the petition on which it is based or to other documents, such as the will. The order shall contain:

A. The distribution of property by named beneficiary, with a detailed list describing the property to be distributed to each beneficiary. Description by reference to the inventory or petition is not acceptable. For distribution by reference to an attached exhibit, see Local Rule 4.30.

B. For real property, the legal description, assessor parcel number, and street address, if any, shall be stated.

C. If an intestate decedent who survived their spouse leaves no issue, the applicability of Probate Code sections 6402 and 6402.5 must be alleged and the necessary tracing must be carried out as far as is possible.

D. Orders for Distribution Establishing Testamentary Trusts. See California Rules of Court, rule 7.650 for requirements.

(Adopted October 1, 1998; Rule 4.53 renumbered as 4.56 and amended January 1, 2009; Rule 4.56 renumbered as 4.68 and amended January 1, 2022; Amended January 1, 2024)

4.69 RECEIPTS ON DISTRIBUTION

A beneficiary shall personally sign a receipt for property received. The court will not accept a receipt signed by an attorney-in-fact, except where there is a pre-existing power of attorney and a copy of the power of attorney is provided.

A receipt for property received by a beneficiary shall be specifically itemized, giving the distribution value of each asset and the total value of all property received.

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(Adopted October 1, 1998; Rule 4.54 renumbered as 4.57 and amended January 1, 2009; Rule 4.57 renumbered as 4.69 and amended January 1, 2022; Amended January 1, 2024)

4.70 DISCHARGE OF FIDUCIARY

The court will approve the Ex Parte Petition for Final Discharge (Judicial Council form DE-295) only after review of the filed receipts and/or declarations which document complete distribution or transfer of all property of the estate. If an order for final distribution includes a reserve and the receipts do not account for 100% of the reserve, then the party must submit a declaration explaining specifically how the reserve funds were expended.

(Original rule adopted October 1, 1998; Income tax certificate - Repealed July 1, 2010; New rule adopted July 1, 2017; Rule 4.58 renumbered as 4.70 and amended January 1, 2022)

4.71 TERMINATION OF NO-ASSET ESTATE (Probate Code section 12251)

When filing a petition to terminate a no-asset estate, parties may use optional Local forms CI-106, Petition for Termination of Proceedings and Discharge, and CI-107, Order for Termination of Proceedings and Discharge.

(Adopted January 1, 2022)

4.72 – 4.79 RESERVED

RULES COMMON TO CONSERVATORSHIPS AND GUARDIANSHIPS

4.80 PERSONAL CONTACT INFORMATION

Petitioners must provide information related to their personal residential address, home telephone number, work address, work telephone number, e-mail address, and cell phone number, if any. This information may be filed as a confidential document.

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2004; Amended January 1, 2007; Amended January 1, 2010; Rule 5.27(f) renumbered and re-lettered as 5.01(f) and amended July 1, 2010; Amended January 1, 2011; Amended July 1, 2012; Amended July 1, 2014; Amended July 1, 2016; Amended July 1, 2017; Rule 5.1 renumbered as 4.80 and amended January1, 2022)

4.81 NOTICE TO COURT INVESTIGATOR

A. A copy of all documents filed in a conservatorship proceeding must be served on the court investigator. For those persons filing electronically, service on the court investigators shall be completed using one of the electronic service addresses found on the probate home page of the court’s website at www.monterey.courts.ca.gov/probate.

For those persons permitted to file paper documents, service may be completed either electronically at the court investigator’s e-service address or by mail at the addresses found on the probate home page of the court’s website.

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B. A minimum of five (5) court days’ notice is required for the court investigator to complete an investigation for a temporary conservatorship petition pursuant to Probate Code section 2250.6.

C. A minimum of thirty (30) days’ notice is required for the court investigator to complete an investigation for a general conservatorship petition pursuant to Probate Code section 1826. An investigation is required in all cases even if the proposed conservatee is the petitioner and will attend the hearing.

D. A minimum of forty-five (45) days’ notice is required for the court investigator to complete an investigation for a periodic review pursuant to Probate Code section 1851.

(Rule 5.03(c) renumbered as 5.06 and amended January 1, 2009; Amended July 1, 2014; Rule 5.6 renumbered as 4.81 and amended January 1, 2022)

4.82 TEMPORARY CONSERVATORSHIPS AND GUARDIANSHIPS

Temporary letters of conservatorship or guardianship must state an expiration date. This date shall not go beyond the date of the hearing on the permanent conservatorship or guardianship petition. If the hearing on the permanent conservatorship or guardianship is continued, new letters will be issued upon submission of an order after hearing extending the temporary conservatorship or guardianship and shall expire on the continued date of the hearing. Orders extending the temporary conservatorship or guardianship shall not be submitted on Judicial Council forms GC- 141, Order Appointing Temporary Conservator, and GC-140, Order Appointing Temporary Guardian.

(Adopted October 1, 1998; Rule 5.07 renumbered as 5.12 and amended January 1, 2009; Amended July 1, 2014; Rule 5.12 renumbered as 4.82 and amended January 1, 2022)

4.83 APPOINTMENT OF ATTORNEYS FOR CONSERVATEES AND MINORS

When requesting appointment of counsel pursuant to Probate Code sections 1470 or 1471, the application shall state whether the public defender or private counsel should be appointed. If requesting appointment of the public defender, the application or other documents in the file (e.g., fee waiver application and order) shall also establish that the conservatee or minor is not financially able to employ counsel. Parties are encouraged to use optional Judicial Council forms GC-005, Application for Appointment of Counsel, and GC-006, Order Appointing Legal Counsel.

(Adopted October 1, 1998; Rule 5.09 renumbered as 5.14 and amended January 1, 2009; Rule 5.14 renumbered as 4.83 and amended January 1, 2022)

4.84 BOND

If independent powers are granted pursuant to Probate Code sections 2590 and 2591 to include the sale of real property or to encumber real property as security for a loan, the bond required by Probate Code section 2320 shall include the value of the real property less encumbrances.

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If sufficient restrictions, limitations or, conditions to adequately safeguard and secure the real property are included in the order granting the independent powers, bond need not include the value of the real property.

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2008; Rule 5.10 renumbered as 5.15 and amended January 1, 2009; Amended July 1, 2014; Rule 5.15 renumbered as 4.84 and amended January 1, 2022)

4.85 FIXING CONSERVATEE OR MINOR'S RESIDENCE OUTSIDE OF CALIFORNIA (Probate Code section 2352)

A. The court will set a review hearing four (4) months from the date of the order fixing the conservatee or minor’s residence outside of California.

B. At the review hearing, the conservator or guardian shall show proof of:

1. Commencement or establishment of a conservatorship or guardianship proceeding in the other state; or
2. Commencement of a petition to transfer the conservatorship to the other state (Probate Code section 2001).

C. Upon submission of proof of establishment of a conservatorship or guardianship in the other state, the conservator or guardian shall submit a proposed order terminating the proceeding in this state.

(Adopted October 1, 1998; Amended January 1, 2002; Amended July 1, 2004; Amended January 1, 2008; Rule 5.13 renumbered as 5.17 and amended January 1, 2009; Amended July 1, 2014; Rule 5.17 renumbered as 4.85 and amended January 1, 2022)

4.86 SUBSTITUTED JUDGMENT (Probate Code sections 2580-2586)

A. Petitions requesting substituted judgment shall include as a confidential supplement all known estate planning documents related to the petition. Confidential documents may be sealed to maintain confidentiality.

B. The petition shall include the names of all persons to whom property would pass by intestacy. The petition shall also include a statement of the nature and number of existing claims of creditors against the conservatorship estate.

C. When creating a trust pursuant to the petition for substituted judgment, the bond required by California Rules of Court, rule 7.903(c)(5) shall include the value of real property.

(Adopted October 1, 1998; Rule 5.15 renumbered as 5.20 January 1, 2009; Amended July 1, 2014; Rule 5.20 renumbered as 4.86 and amended January 1, 2022)

4.87 – 4.89 RESERVED

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CONSERVATORSHIPS

PETITIONS FOR CONSERVATORSHIP

4.90 PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR OF THE PERSON ONLY

A. For a petition for appointment of probate conservator of the person only, petitioner shall by declaration indicate why a conservatorship of the estate is not necessary.

B. Where it is stated that a conservatorship of the estate is not necessary because the proposed conservatee has a trust, petitioner shall identify:

1. All trusts, including all amendments that may or may not have been revoked by the subsequent documents;

2. The proposed conservatee’s interest in the trust; and

3. The name of the trustee and/or successor trustee.

C. Where it is stated that a conservatorship of the estate is not necessary because the proposed conservatee has executed powers of attorney, petitioner shall provide the identity of the named agent and a copy of the power of attorney.

(Rule 5.03 previously adopted October 1, 1998; Amended January 1, 2001; Amended July 1, 2001; Amended January 1, 2002; Amended January 1, 2007; Renumbered as 5.04, 5.05, 5.06, 5.07, and 5.08 January 1, 2009; New Rule 5.03 adopted January 1, 2009; Amended July 1, 2014; Amended July 1, 2016; Rule 5.3 renumbered as 4.90 and amended January 1, 2022)

4.91 REQUIRED DOCUMENTS FOR APPOINTMENT OF CONSERVATOR

The following documents are required to be filed with the petition for appointment of conservator, in addition to forms required by the Probate Code and California Rules of Court, rules 7.1050 and 7.1051:

A. Where appointment of counsel is required or requested, parties shall comply with Local Rule 4.83. An ex parte application and order for appointment of counsel should be submitted when the petition is filed to avoid continuance or delay.

B. Referral to Court Investigator - Confidential (Local form CI-123).

C. Order Appointing Court Investigator (Judicial Council form GC-330) directed to the appropriate investigator per the probate home page of the court’s website at www.monterey.courts.ca.gov/probate. The appropriate boxes on the order should be selected.

D. For a limited conservatorship petition, when Attachments 1h, 1i, and/or 1j are required, parties are encouraged to use optional Local forms CI-144 and CI-145.

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E. Order Appointing Probate Conservator (Judicial Council form GC-340). For a limited conservatorship order, parties are encouraged to use optional Local forms CI-146 and CI-147, if applicable.

(Rule 5.03(e) renumbered as 5.07 and amended January 1, 2009; Amended July 1, 2009; Amended July 1, 2013; Amended July 1, 2014; Amended July 1, 2017; Rule 5.7 renumbered as 4.91 and amended January 1, 2022)

4.92 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS

A. Petition Requirements. If a proposed conservatee is under an LPS conservatorship, the petition for appointment of probate conservator shall include the number of the case, the name of the conservator, and the LPS court's findings regarding voting.

B. Notice. Notice shall be given to the LPS conservator in the same manner as that given to relatives in the second degree.

(Adopted October 1, 1998; Amended January 1, 2009; Rule 5.11 renumbered as 4.92 and amended January 1, 2022)

4.93 HEARING AND APPOINTMENT OF CONSERVATOR

A. The court investigator’s report shall be filed with the court at least fifteen (15) calendar days in advance of the hearing, unless extended by the court.

B. The proposed conservatee must attend the hearing except where excused pursuant to Probate Code section 1825.

1. The proposed conservatee must come forward to the counsel table where the court may
inquire of and advise the proposed conservatee as required by Probate Code section 1828
or, in the case of a limited conservatorship, Probate Code section 1828.5.

2. If there has been a nomination and/or waiver of bond filed, executed by the proposed
conservatee, the court shall satisfy itself that they had the capacity to execute and
understand the nature and significance of such documents.

3. The proposed conservatee shall personally respond to any court inquiry. A statement by
counsel that the conservatee is present and does not object is not sufficient.

4. The above requirements also apply where the proposed conservatee is the petitioner.

C. Before Letters shall be issued to the conservator of the person or estate, the conservator must view the video "With Heart: Understanding Conservatorship." Unless the conservator is a licensed professional conservator, they must execute and file the requisite acknowledgment of viewing, Conservator Viewing Receipt (Local form CI-134), required pursuant to Probate Code section 1457. The video may be viewed online at www.courts.ca.gov/selfhelp- conservatorship.htm, at your attorney’s office, a Self-Help Center, or at the Monterey Superior Court with payment of a fee to view at the courthouse.

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A guide to community resources helpful to conservators is published by the Monterey County Area Agency on Aging and may be found on-line at https://flipbook.montereycountyweekly.com/archive/2020/special/senior-guide/#mcw-1(English). [A version in Spanish may be found at https://flipbook.montereycountyweekly.com/archive/2020/special/senior-guide/#mcw-1]

(Adopted October 1, 1998; Rule 5.08 renumbered as 5.13 and amended January 1, 2009; Amended July 1, 2016; Amended July 1, 2017; Rule 5.13 renumbered as 4.93 and amended January 1, 2022)

4.94 NOTICE OF CHANGE OF ADDRESS

Conservators shall file with the court and serve upon the court investigator:

A. Written notice of any change of their address, or the address of their conservatees, within thirty (30) days of the change of address in compliance with Probate Code section 2352 and California Rules of Court, rule 7.1063; and

B. Referral to Court Investigator – Confidential (Local form CI-123). Failure to comply may result in suspension or removal.

(Adopted October 1, 1998; Rule 5.16 renumbered as 5.21 January 1, 2009; Amended July 1, 2014; Amended July 1, 2017; Rule 5.21 renumbered as 4.94 and amended January 1, 2022, Renumbered subdivisions to (A) and (B) from (1) and (2) January 1, 2023.)

4.95 – 4.99 RESERVED

COURT REVIEWS, ACCOUNTS AND STATUS REPORTS

4.100 COURT REVIEWS (Probate Code section 1850)

A. Conservatorships of the estate and conservatorships of the person and estate will be set for court review at a hearing one year after the appointment of a conservator and every two years thereafter, unless otherwise ordered.

B. Conservatorships of the person only will be reviewed by the court investigator one year after the appointment of a conservator and every two years thereafter, unless otherwise ordered. Upon receipt of the investigator’s report, the court may order the matter set for court review at a hearing.

(Adopted January 1, 2022)

4.101 ACCOUNTS AND ACCOUNTING

A. The conservator of the estate shall file an accounting and petition for its approval with each court review. The conservator of the person, if any, shall file a Confidential Status Report with each court review.

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B. The Confidential Status Report shall address the current physical/medical condition of the conservatee; the current level of care; any anticipated changes in residence and/or level of care, and reason(s) for change; any involvement of family and friends of the conservatee; and any unusual circumstances related to the conservatee and/or conservatorship of the estate. The report shall be a separate document from the petition.

C. All conservator accountings shall be filed and served on the court investigator at least forty- five (45) days prior to the scheduled review hearing date. If a conservator is unable to file the accounting at least 45 days prior to the hearing date, a request for continuance of the hearing should be submitted using Local form CI-105, Request for Continuance of Hearing & Order.

D. The conservator of the estate shall file a Referral to Court Investigator – Confidential (Local form CI-123) with each accounting.

E. The supporting documentation lodged pursuant to Probate Code section 2620 and California Rules of Court, rule 7.565 will be retained by the court pending approval of the conservator's accounting. These documents shall be submitted with a Confidential Financial Documents Caption Sheet (Local form CI-126). Parties are to follow the instructions on the local form. Upon approval of the accounting, any paper lodged documents will either be returned to the submitting party or destroyed as designated on the local form

F. Upon appointment of a conservator and/or approval of conservator accountings, the court will set the next review hearing. Notice of the next hearing date will be provided in the courtroom and stated in the minute order, only. No “Notice of Court Review” will be mailed by the court.

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Rule 5.17 renumbered and re-lettered as 5.23; subd. (d) added; Amended January 1, 2009; Amended January 1, 2011; Amended (repealed financial documents caption sheet) July 1, 2012; Amended July 1, 2014; Amended January 1, 2016; Amended July 1, 2017; Rule 5.23 renumbered as 4.101 and amended January 1, 2022)

4.102 FINAL ACCOUNTS

A. No later than ninety (90) days after termination of the conservatorship of the estate, the conservator shall file a final accounting and petition for its approval. The petition shall request authority for disposition of the assets.

B. If a probate proceeding has already been initiated for a deceased conservatee, the petition shall state the caption, case number, county where filed, and the name of the petitioning party.

C. Notice of the hearing on the petition must be given to the personal representative, if any, of a deceased conservatee.

D. A court investigation is not required for the final accounting, unless otherwise ordered.

(Adopted October 1, 1998; Amended July 1, 2001; Rule 5.20 renumbered as 5.26 January 1, 2009; Amended July 1, 2014; Rule 5.26 renumbered as 4.102 and amended January 1, 2022)

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4.103 WAIVER OF ACCOUNT FOR SMALL ESTATES (Probate Code § 2628)

A. An application for waiver of account shall be presented each time an accounting would otherwise be due. Conservator shall also file:

1. A Confidential Status Report as required by Local Rule 4.101(A); and

2. A Referral to Court Investigator - Confidential (Local form CI-123).

B. The order waiving an accounting must be served on the court investigator at least thirty (30) days prior to the hearing on the court review.

(Adopted October 1, 1998; Rule 5.22 renumbered as 5.28 January 1, 2009; Amended January 1, 2011; Amended July 1, 2014; Rule 5.28 renumbered as 4.103 and amended January 1, 2022)

4.104 CONSERVATEE – BENEFICIARY OF A TRUST

Where a conservatee is a beneficiary of a trust not established pursuant to Probate Code section 2580:

A. A copy of the trust agreement shall be provided to the court investigator upon request;

B. At the time of each court review a verified summary showing the following shall be filed as a confidential document:

1. The principal amount of the trust estate;

2. A description of conservatee's beneficial interest in the trust;

3. The amount of income generated for the benefit of the conservatee, regardless whether distributed or applied to principal; and

4. The name, address, and telephone number of the trustee.

C. Any income required by the trust instrument to be distributed to the conservatee is conservatorship income and it must be included in an accounting to the court pursuant to these rules and Probate Code section 2620.

(Adopted October 1, 1998; Rule 5.23 renumbered as 5.29 January 1, 2009; Rule 5.29 renumbered as 4.104 and amended January 1, 2022)

4.105 – 4.109 RESERVED

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RESIGNATION AND REMOVAL OF CONSERVATOR

4.110 RESIGNATION OR REMOVAL; APPOINTMENT OF SUCCESSOR; FINAL ACCOUNT AND DISCHARGE

A. Effective Date of Resignation. The conservator may resign at any time, but the resignation is not effective and will not be approved until the appointment of a successor conservator.

B. Contemporaneous Petition to Appoint Successor. A petition for resignation should be filed contemporaneously with a petition for appointment of a successor conservator, provided that the consent of the successor conservator is filed prior to or at the time of hearing.

C. Final Account. A final account of the resigning conservator and/or a petition for fees upon resignation cannot be approved until a successor is appointed and is served with notice of hearing and a copy of the account and/or petition.

D. At the hearing for appointment of successor conservator, the same procedural requirements apply as for the initial appointment of conservator. (See Local Rules 4.90 and 4.91)

E. The successor conservator of the estate shall not account for the period prior to their appointment, except as provided in Probate Code section 2632, and the predecessor shall not be discharged until all of the following are accomplished:

1. Approval of predecessor's final account including the period up to the appointment of the
successor and delivery of assets;

2. The filing of a receipt, executed by the successor conservator, acknowledging delivery
and receipt of the assets as reflected in the "Assets on Hand" in the final account; and

3. If any assets were received and/or expenses paid since the final account period, the
predecessor conservator shall include with their petition for discharge a declaration
explaining what assets were received and/or expenses paid following the final account
period and showing that all remaining assets were distributed to the successor
conservator.

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2002; Rule 5.24 renumbered as 5.30 and amended January 1, 2009; Amended July 1, 2014; Rule 5.30 renumbered as 4.110 and amended January 1, 2022; Amended January 1, 2024)

4.111 COURT INVESTIGATOR FEES (Probate Code section 1851.5)

A. Unless a fee waiver order is on file, the court investigator fee must be paid at the time the petition is filed in the following instances: appointment of probate conservator, appointment of temporary conservator, and approval of an account (unless following the death of the conservatee). If the conservator believes the fees should be deferred due to hardship, the subject petition shall include a request for deferral and shall set forth facts to establish a hardship.

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B. Upon termination of the conservatorship, any court investigator fees previously deferred are nonetheless due and payable, except under either of the following conditions:

1. The conservatee is still living and payment of all or a portion should be waived based upon hardship to the conservatee; or,

2. The conservatee's estate has no assets with which to pay all or a portion of the assessments due. Hardship is not a consideration where the conservatee is deceased.

C. The order approving final account of conservator will not be granted until the court investigator fees are either paid or waived by the court.

(Adopted October 1, 1998; Amended July 1, 2004; Rule 5.27 renumbered as 5.33 January 1, 2009; Amended January 1, 2010; Rule 5.33 renumbered as 4.111 and amended January 1, 2022)

4.112 – 4.119 RESERVED

GUARDIANSHIPS

4.120 APPOINTMENT OF GENERAL GUARDIANS

A. Petition for appointment of guardians shall be accompanied by a Confidential Declaration Regarding Household Members (Local form CI-130).

B. Single Application for Multiple Minors. The court will consider a single application for appointment of the same guardian of the person or estate, or both, of more than one (1) minor, if the minors are siblings. In all other instances separate applications must be filed.

C. The court investigator fee must be paid within 10 days after the court orders the court investigation, unless the Court approves a fee waiver. (See California Rules of Court, rule 7.5) If the petitioner believes the fees should be deferred due to hardship, the petition shall include a request for deferral of the fee and shall set forth facts to establish a hardship.

D. Order Appointing Guardian (Judicial Council form GC-240). When the court appoints a guardian of the person, the order must include mandatory Local form CI-149, Attachment 15 (Person). When the court appoints a guardian of the estate, the order must include mandatory Local form CI-150, Attachment 15 (Estate).

(Adopted October 1, 1998; Amended July 1, 2001; Rule 5.29 renumbered as 5.35 January 1, 2009; Amended January 1, 2010; Amended July 1, 2014; Amended July 1, 2017; Rule 5.35 renumbered as 4.120 and amended January 1, 2022)

4.121 DUTIES OF GUARDIAN - LIABILITY OF PARENTS TO SUPPORT CHILD

Parents are required by statute to support their children. (See Family Code section 3900 et seq.) Where a parent is also the guardian of the estate, the court will not permit guardianship funds to be used for the minor's maintenance, support, or education except upon a showing of extraordinary circumstances as being in the best interest of the minor.

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(Adopted October 1, 1998; Rule 5.32 renumbered to 5.38 January 1, 2009; Rule 5.38 renumbered to 5.37 July 1, 2017; Rule 5.37 renumbered as 4.121 and amended January 1, 2022)

4.122 ACCOUNTS OF GUARDIANS (Probate Code section 2620)

A. Multiple Wards. When a guardian accounts for the assets of more than one (1) minor, the accounting for each minor must be set forth individually.

B. The supporting documentation lodged pursuant to Probate Code section 2620 and California Rules of Court, rule 7.575 will be retained by the court pending approval of the guardian's accounting. These documents shall be submitted with a Confidential Financial Documents Caption Sheet (Local form CI-126). Parties are to follow the instructions on the local form. Upon approval of the accounting, any paper lodged documents will either be returned to the submitting party or destroyed as designated on the local form.

C. Upon appointment of a guardian and/or approval of guardian accountings, the court will set the next court review hearing. Notice of the next hearing date will be provided in the courtroom and stated in the minute order, only. No “Notice of Court Review” will be mailed by the court.

(Adopted October 1, 1998; Amended January 1, 2001; Rule 5.33 renumbered and amended as 5.39 January 1, 2009; Amended July 1, 2014; Rule 5.39 renumbered to Rule 5.38 July 1,2017; Rule 5.38 renumbered as 4.122 and amended January 1, 2022)

4.123 ANNUAL REVIEW OF GUARDIANSHIPS (Probate Code section 1513.2)

Each guardian of the person shall file with the court a completed Confidential Guardianship Status Report (Judicial Council form GC-251) every year, as directed by the court. The status report shall include a current note from the doctor and dentist confirming the minor was seen within the past twelve months, as well as current report cards and school attendance records covering a 12- month period for each minor. If the status report is complete with the required attachments and the court has no questions to ask the guardian, the court will send the guardian an order approving the status report, along with a blank status report to complete in one year. The guardian must then file the next status report by the deadline stated in the order. If the status report is not filed or is incomplete, the court will send the guardian a notice requesting the missing information. The court may direct the guardian to appear for hearing. Guardian should check the probate notes on the court’s website (www.monterey.courts.ca.gov/probate) prior to the hearing.

(Adopted January 1, 2009; Amended July 1, 2014; Amended July 1, 2017; Rule 5.40 renumbered as 4.123 and amended January 1, 2022)

4.124 – 4.129 RESERVED

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SALES IN DECEDENTS’ ESTATES, CONSERVATORSHIPS, AND GUARDIANSHIPS

4.130 PUBLISHED NOTICE FOR SALE OF REAL ESTATE

A. Required Notice for Executors. Unless a will specifically grants an executor, as distinguished from an administrator with will annexed, the authority to sell without notice (Probate Code section 10303), a publication of notice of sale of real property is required.

B. Content of Notice (Probate Code § 10304). The notice of sale of real property must substantially comply in its content with the following example:

“NOTICE IS HEREBY GIVEN that, subject to confirmation of this court on (insert date, time and department), or thereafter within the time allowed by law, the undersigned as (administrator, executor, conservator, or guardian) of the estate of the above named (decedent, conservatee, or minor), will sell at private sale to the highest net bidder, on the terms and conditions hereinafter mentioned, all right, title, and interest that the estate has acquired in addition to that of the (decedent, conservatee, or minor) at the time of death, in the real property located in Monterey County, California, as follows:

(Insert Legal Description of Property here.) APN: This property is commonly referred to as (insert address here) and includes (insert any fixture included in the price).

The sale is subject to current taxes, covenants, conditions, restrictions, reservations, right of way and easements of record, with any encumbrances of record to be satisfied from the purchase price.

The property is to be sold on an “as is” basis, except for title.

An offer on the property in the total amount of (insert amount of bid) has been accepted by the (insert administrator, executor, conservator, or guardian) and a REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY has been filed in these proceedings, which Report and Petition have been set for hearing on (insert hearing date) and notice made to all interested parties. THE PURPOSE OF THIS NOTICE IS TO INVITE BIDS OVER THE ACCEPTED OFFER, in accordance with the provisions of California Probate Code section 10311. By statute, the initial overbid must be in the amount of (insert first overbid amount).

Overbids are invited for this property and must be in writing and presented on (insert court confirmation hearing date) at (insert hearing time) in department (insert department no.) of the Superior Court of the State of California, for the County of Monterey, 1200 Aguajito Rd., Monterey, California. Bid forms may be obtained from the attorney for the (administrator, executor, conservator, or guardian) at the address shown hereinabove or at the Superior Court on the morning of the hearing.

The property will be sold on the following terms (insert all applicable terms).

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The undersigned reserves the right to refuse to accept any bids.

C. Time. If notice of sale is published, any sale must be in accordance with its terms. If a petition for confirmation of sale is filed alleging the sale took place prior to the date stated in the published notice, the sale cannot be confirmed, and new notice of sale must be published. Pursuant to Probate Code section 10308, any petition for confirmation of sale must allege that the sale was made within thirty (30) days prior to the date on which the petition was filed. The court requires that the specific date of sale be alleged in the return of sale and petition for its confirmation. 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.

D. Terms of Sale. The published notice of sale of real property constitutes a solicitation for offers. The terms of the solicitation must be substantially similar to the terms of the accepted offer that is the subject of the report of sale and petition for order confirming sale of real property. Published terms of the solicitation cannot be more onerous than the terms of the accepted offer.

E. Executor’s Defect in Notice. If an executor publishes a notice of sale of real property and proceeds with that sale and later a technical defect appears, this defect cannot be cured by the executor's power of sale given in the will. The publication constitutes an election by the executor to sell by means of publication of notice.

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2002; Rule 4.35 renumbered as 4.38 January 1, 2009; Amended July 1, 2013; Rule 4.38 renumbered as 4.130 and amended January 1, 2022)

4.131 CONFIRMING SALE OF REAL PROPERTY (Probate Code sections 10300 to 10316)

A. Contract for Sale. The real estate purchase agreement or other contract of sale shall be attached to the report of sale and petition for order confirming sale of real property.

B. Appearances of Counsel. In petitions for confirmation of sales of real estate and for sales of personal property where bidding is authorized, the court will not proceed with the confirmation of the sale in the absence of the attorney, except in those cases where the personal representative, guardian, or conservator is present and requests that the sale proceed.

C. Sale Contingencies. Except in exceptional circumstances, all contingencies contained within the real estate purchase agreement, with the exception of court confirmation itself, shall be removed prior to the date of the confirmation hearing. Before the sale is confirmed, counsel shall state for the record that this requirement has been satisfied. Where exceptional circumstances exist to justify a waiver of this requirement, counsel will obtain ex parte authorization to proceed prior to filing the petition.

D. Continuances. Sale confirmations will be continued only under the most exceptional circumstances. A motion for continuance must be made in open court.

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E. Probate Code section 10308 requires that notice be given “to the purchasers named in the petition…”

(Adopted October 1, 1998; Amended January 1, 2001; Rule 4.36 renumbered as 4.39 January 1, 2009; Rule 4.39 renumbered as 4.131 and amended January 1, 2022)

4.132 EXCLUSIVE LISTINGS FOR THE SALE OF REAL PROPERTY

Where full independent powers have not been granted, Probate Code section 10150 permits a fiduciary to grant an exclusive listing for a period not to exceed ninety (90) days after obtaining the permission of the court. To obtain such permission, the fiduciary must file an ex parte application setting forth, in detail, the property to be sold, the broker to be employed, the terms of the exclusive listing agreement, and the factual reasons why such agreement is necessary and advantageous to the estate. A bare statement of "necessity and advantage" will not suffice.

In all cases, the ex parte order shall provide that a reasonable broker's commission, if any, will be determined by the court at the time of confirmation of sale.

(Adopted October 1, 1998; Rule 4.37 renumbered as 4.40 January 1, 2009; Rule 4.40 renumbered as 4.132 and amended January 1, 2022)

4.133 BOND ON SALE OF REAL ESTATE

Petitions for confirmation of sale of real estate shall set forth the amount of bond in force at the time of sale and the amount of property in the estate which should be covered by bond (as provided in Probate Code sections 2320, 2330, and 8482) at the close of escrow. If no additional bond is required, or if bond is waived, that fact must be alleged. A secured promissory note taken as part of the consideration is personal property, and an additional bond must be fixed in the amount of such note plus whatever cash is paid. If additional bond is ordered, it must be filed prior to obtaining the court's signature on the order confirming sale.

(Adopted October 1, 1998; Rule 4.38 renumbered as 4.41 January 1, 2009; Rule 4.41 renumbered as 4.133 and amended January 1, 2022)

4.134 BROKER’S COMMISSIONS – GENERAL RULE

A. The order confirming sale must show the total commissions allowed and any allocation agreed upon between brokers.

B. Upon confirmation of the sale of improved real property, the court will not allow a broker’s commission in excess of six percent (6%), unless justified by exceptional circumstances. A commission of up to ten percent (10%) may be allowed for the sale of raw land.

C. A commission exceeding the normal schedule will be allowed only under the most unusual circumstances. Whenever possible, the written agreement of the affected beneficiaries should be obtained.

D. A broker bidding for their own account is not entitled to receive or share in a commission. (Estate of Toy (1977) 72 Cal.App.3d 392.)

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(Adopted October 1, 1998; Rule 4.39 renumbered as 4.42 January 1, 2009; Rule 4.42 renumbered as 4.134 January 1, 2022; Amended January 1, 2024)

4.135 DISPUTES ABOUT BROKERS’ COMMISSIONS

Normally disputes concerning broker's commissions will be referred to the appropriate Board of Realtors for arbitration.

(Adopted October 1, 1998; Rule 4.40 renumbered as 4.43 January 1, 2009; Rule 4.43 renumbered as 4.135 January 1, 2022)

4.136 TANGIBLE PERSONAL PROPERTY

Commissions on sales of tangible personal property will be allowed only to individuals holding a broker's license authorizing them to deal in the type of property involved. A commission will be allowed on the original bid only when the commission is requested in the return of sale. When there is an overbid in court, a commission may be allowed to the successful broker, and, if the original bid was subject to a commission, apportionment between the brokers will be made according to the same rules as prescribed for real estate sales. The amount of the commission is within the court's discretion and will be determined on a case-by-case basis.

(Adopted October 1, 1998; Rule 4.44 renumbered as 4.47 January 1, 2009; Rule 4.44 renumbered as 4.136 and amended January 1, 2022)

4.137 SALE OF SPECIFICALLY DEVISED PROPERTY

On a sale of specifically devised real or personal property, fifteen (15) days’ notice of time and place of hearing of the return of sale must be given to the beneficiary, unless their consent to such sale is filed with the court.

(Adopted October 1, 1998; Rule 4.42 renumbered as 4.45 January 1, 2009; Rule 4.45 renumbered as 4.137 and amended January 1, 2022)

4.138 SALE OF REAL PROPERTY WITH INDEPENDENT POWERS (CONSERVATORSHIPS / GUARDIANSHIPS)

If real property is sold pursuant to Probate Code section 2591, subdivision (c), the sales price may not be less than ninety percent (90%) of the appraised value determined by the probate referee within one (1) year prior to sale, unless otherwise authorized by the court.

(Adopted January 1, 2022)

4.139 – 4.149 RESERVED

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TRUSTS

4.150 TRUSTEES’ ACCOUNTS (Probate Code sections 16062 – 16064; California Rules of Court, rules 7.901 - 7.903)

Unless a trust is subject to court supervision (see California Rules of Court, rule 7.903), the court will order an accounting and report by a trustee only when an account is requested by someone beneficially interested in the trust. (Probate Code section 17200, subdivision (b)(5).)

(Adopted October 1, 1998; Amended July 1, 2001; Rule 4.65 renumbered as 4.68 and amended January 1, 2009; Rule 4.68 renumbered as 4.150 and amended January 1, 2022)

4.151 – 4.159 RESERVED

COMPENSATION OF FIDUCIARIES AND ATTORNEYS (Probate Code sections 2640 through 2647, 10800 through 10832, 16243; California Rules of Court, rules 7.700 through 7.776)

4.160 COMPENSATION OF ATTORNEYS AND PARALEGALS

A. In reviewing requests for compensation of attorneys and paralegals, the court considers the amounts historically and customarily allowed in the community.

1. For services provided beginning January 1, 2026, the custom shall be to consider approval of attorney fees up to $450 per hour and paralegal fees of up to $200 per hour.

2. For services provided from January 1, 2022 to December 31, 2025, the custom shall be to consider approval of attorney fees of up to $400 per hour and paralegal fees of up to $175 per hour.

3. For services provided from July 1, 2017 to December 31, 2021, the custom shall be to consider approval of attorney fees of up to $350 per hour and paralegal fees of up to $150 per hour.

4. For services provided prior to July 1, 2017, the custom shall be to consider approval of attorney fees of up to $200-$300 per hour and paralegal fees of up to $85-$125 per hour.

B. The court shall consider the years of experience and skill level of the attorney and paralegal, and/or the complexity of the legal issues when determining an appropriate fee. The court may also consider the size of the conservatorship, decedent, guardianship, or trust estate when determining an appropriate fee. The court expects the attorneys to monitor their billing request to avoid seeking attorney compensation for overhead tasks or for researching to become competent to handle the matter.

C. The court will not automatically allow the maximum rates set forth herein. Fee requests will be considered on a case by case basis. Mere recitation of time spent, without more, is not adequate. Time sheets may be appended as additional support. The court has discretion to require further justification for all attorney fees.

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D. Trusts (Probate Code section 16243). Requests for approval of attorney fees for trustee representation will be considered according to the work actually performed. Requests must be supported in a petition or in a separate verified declaration stating the specific nature, benefit, time expended, detail of services performed, and the amount requested.

E. Conservatorships/Guardianships (Probate Code §§ 2640 et seq.). Requests for attorney fees shall include information required by California Rules of Court, rule 7.751, and will be considered in accordance with Probate Code section 2640 et seq.

(Rules 4.65, 4.71, 5.27, and 5.39 renumbered 4.160 and amended January 1, 2022; amended January 1, 2026)

4.161 USE OF PARALEGALS (Probate Code sections 2642(a), 8547(d), 10811(b), and 10953(d))

Requests for fees for paralegal services shall comply with California Rules of Court, rule 7.703(e).

(Adopted October 1, 1998; Rule 4.63 renumbered as 4.66 January 1, 2009; Amended July 1, 2013; Amended July 1, 2017; Rule 4.66 renumbered as 4.161 and amended January 1, 2022)

4.162 COMPENSATION OF COURT-APPOINTED COUNSEL IN CONSERVATORSHIPS AND GUARDIANSHIPS

Fees for legal counsel appointed by the court to represent the conservatee/minor may be requested and included in the order appointing conservator/guardian. After appointment of a conservator/guardian, counsel for conservatee/minor may request fees by their own noticed petition or by submitting a declaration and proposed order for fees for hearing at an already- scheduled hearing.

(Rule 5.27(B) renumbered 4.162 and amended January 1, 2022; amended January 1, 2026)

4.163 COMPENSATION OF FIDUCIARIES (CONSERVATORS, GUARDIANS, TRUSTEES)

A. In reviewing requests for compensation of fiduciaries, the court considers the amounts historically and customarily allowed in the community.

B. Licensed Professional Fiduciaries, Attorneys, Certified Public Accountants.

1. For services provided beginning January 1, 2026, the custom shall be to consider approval
of up to $180 per hour for the fiduciary and $85 per hour for staff.

2. For services provided from January 1, 2022 to December 31, 2025, the custom shall be
to consider approval of up to $150 per hour for the fiduciary and $85 per hour for staff.

3. For services provided from July 1, 2017 to December 31, 2021, the custom shall be to
consider approval of fees of up to $120 per hour for the fiduciary and $85 per hour for
staff.

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4. For services provided prior to July 1, 2017, the custom shall be to consider approval of fees of up to $85 per hour for the fiduciary and $45 per hour for staff.

C. Non-Professional Non-Family Fiduciaries.

1. For services provided beginning January 1, 2026, the custom shall be to consider approval of up to $55 per hour for the fiduciary.

2. For services provided from January 1, 2022 to December 31, 2025, the custom shall be to consider approval of up to $50 per hour for the fiduciary.

3. For services provided prior to January 1, 2022, the custom shall be to consider approval of up to $45 per hour for the fiduciary.

D. Non-Professional Family Fiduciaries.

1. For services provided beginning January 1, 2026, the custom shall be to consider approval of up to $35 per hour for the fiduciary.

2. For services provided from January 1, 2022 to December 31, 2025, the custom shall be to consider approval of up to $30 per hour for the fiduciary.

3. For services provided prior to January 1, 2022, the custom shall be to consider approval of up to $25 per hour for the fiduciary.

E. Corporate Fiduciaries. Corporate fiduciaries will be allowed compensation based on their contractual fee schedule, subject to court approval for reasonableness.

F. No fees will ordinarily be allowed for services rendered by a family member which are of the type that the court finds are expected to be performed by a family member by virtue of the family relationship (e.g., for conservators: sitting at the bedside of an ill conservatee; for guardians: transporting minors, going to school functions, etc.). See Local rule 4.121 – parents are required to support their children. However, the court may take into consideration the timing of such activities and whether the activities took the fiduciary away from their normal income-producing activities.

G. In the event that a fiduciary is performing services requiring special training and skills (e.g., a CPA preparing tax returns or performing an audit), the court will consider a higher hourly rate on a case-by-case basis. Lesser skilled tasks shall be compensated at a rate commensurate with the lower skill level required for these duties.

H. The court will not automatically allow the maximum rates set forth herein. Fee requests will be considered on a case by case basis. Mere recitation of time spent, without more, is not adequate. Time sheets may be appended as additional support. The court has discretion to require further justification for all fiduciary fees.

I. Trustees. Requests for court approval of trustee fees, including settling an account, shall include information addressing the factors stated in California Rules of Court, rule 7.776, and will be considered in accordance with Probate Code section 15680 et seq. Court approval

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must first be obtained in all instances where compensation is not expressly authorized in the trust instrument, including corporate trustees with a contractual fee schedule.

J. Conservatorships/Guardianships (Probate Code §§ 2640 et seq.). Requests for conservator/guardian fees shall include information required by California Rules of Court, rules 7.751 and 7.756, and will be considered in accordance with Probate Code section 2640 et seq. When a conservator is petitioning for fees, any compensation received or available from any collateral source, including a trust, must be disclosed.

(Rules 4.65, 4.70, 5.27, and 5.39 renumbered 4.163 and amended January 1, 2022)

4.164 EXCLUSION OF SECRETARIAL AND OVERHEAD SERVICES AND COSTS

A. Fees will not be allowed for matters which are overhead or secretarial in nature. Examples of overhead: secretarial and word processing time; time spent scanning, copying, or filing documents; calendaring hearings; local travel; and non-local travel for court appearance when a remote appearance is appropriate. Ordinarily, no more than one (1) hour will be allowed for a court appearance in uncontested matters. With respect to accounts, fees charged to the estate for providing further clarification or explanation to the Court will not be allowed if the attorney or private professional fiduciary is required to clarify or explain to the Court billing entries, for which minimal or incomplete information, in the judgment of the Court, was initially provided.

B. Reimbursement will not be allowed for costs that are overhead in nature. Examples of overhead: cost of scanning, faxing, and telephone service charges; office supplies; computer research (Lexis, Westlaw); and mileage and parking. Reimbursement for photocopying and postage will be permitted when more than 10 people are entitled to notice, or in unusual circumstances, upon a showing of good cause.

(Rules 4.65, 5.27, and 5.39 renumbered 4.164 and amended January 1, 2022; amended January 1, 2026)

4.165 EXTRAORDINARY COMPENSATION IN DECEDENTS’ ESTATES

Ordinarily, extraordinary fees will not be awarded without a proper showing that statutory fees have been exhausted. (See Estate of Trynin (1989) 49 Cal.3d 868, 874.)

(Rule 4.65(B) renumbered 4.165 and amended January 1, 2022)

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CHAPTER 5 RESERVED

Local rules applicable to conservatorships and guardianships are now in Chapter 4, Probate Department.

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CHAPTER 6 CIVIL DEPARTMENT

Table of Contents

6.1 ORGANIZATION AND DISTRIBUTION OF BUSINESS ................................................................................. 2 6.2 JURISDICTION AND LOCATION ................................................................................................................... 2 6.3 REPEALED ..................................................................................................................................................... 2 6.4 REPEALED ..................................................................................................................................................... 2

6.5 CASE AND TRIAL MANAGEMENT RULES - GENERAL .............................................................................. 2 6.6 COMPLEX LITIGATION ................................................................................................................................. 3 6.7 CASE DISPOSITION ...................................................................................................................................... 3 6.8 FROM CASE FILING TO CASE MANAGEMENT CONFERENCE ................................................................. 5

6.9 CASE MANAGEMENT CONFERENCES ....................................................................................................... 5

6.10 REQUEST FOR TRIAL CONTINUANCE ........................................................................................................ 6 6.11 TRIAL MANAGEMENT ORDERS AND REPORTS ........................................................................................ 6 6.12 COURT-DIRECTED MEDIATION PROGRAM RULES .................................................................................. 6 6.13 SETTLEMENT CONFERENCES .................................................................................................................. 16 6.14 REMOTE APPEARANCE ............................................................................................................................. 18 6.15 MISCELLANEOUS RULES .......................................................................................................................... 18 APPENDIX A ............................................................................................................................................................. 20 APPENDIX F.............................................................................................................................................................. 23 MEDIATION AGREEMENT ATTACHMENT “A” ........................................................................................................ 25

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6.1 ORGANIZATION AND DISTRIBUTION OF BUSINESS

A. The civil division shall be comprised of the supervising civil judge and a minimum of two (2) other judges as assigned by the presiding judge. The presiding judge may assign additional judges as needed.

B. The civil division operates on a direct calendar system. A Notice of All Purpose Case Assignment and Setting of Case Management Conference will be filed and transmitted to the initiating party. The notice and Alternative Dispute Resolution (ADR) information packet must be served together with the Summons and Complaint pursuant to California Rules of Court,

rule 3.722 and this chapter of these Local Rules.

(Adopted October 1, 1998; Amended July 1, 2017; Amended January 1, 2023; Rule 6.1(C) amended and renumbered 1.4(D) July 1, 2024)

6.2 JURISDICTION AND LOCATION

A. Jurisdiction. The civil division shall have jurisdiction over all civil cases, regardless of jurisdictional amount.

B. Location. The civil division is located in the Monterey Division Courthouse at 1200 Aguajito Road, Monterey, California. All civil cases shall be processed and tried by the civil division except as otherwise authorized by these rules, specially assigned, or as directed by the presiding judge.

(Adopted October 1, 1998; Amended January 1, 2006; Subd.(c) added and rule amended January 1, 2009; Amended January 1, 2011; Amended July 1, 2017)

6.3 REPEALED

(Adopted October 1, 1998; Calendars - Repealed January 1, 2011)

6.4 REPEALED

(Adopted October 1, 1998; Determination and designation of jurisdictional amounts in controversy

• Repealed July 1, 2012)

6.5 CASE AND TRIAL MANAGEMENT RULES - GENERAL

A. Local rules 6.5 – 6.11 shall apply to all civil cases except domestic relations, adoption, probate, and unlawful detainer unless otherwise ordered by the court.

B. The setting of all civil cases for trial shall be in accordance with California Rules of Court, rules 3.713 – 3.735 and these rules.

(Adopted October 1, 1998; Amended January 1, 2003; Amended January 1, 2008; Amended July 1, 2009)

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6.6 COMPLEX LIGITATION

A. Cases that have been designated as complex under California Rule of Court, rules 3.400 to 3.403, shall comply with the following:

1. Filing of papers. All pleadings, motions, applications, briefs and any and all other papers
shall be e-filed consistent with Local Rule 1.7. A courtesy hard copy shall be mailed (or
emailed if directed by the department) to the assigned judicial officer’s department. Cases
involving the California Environmental Quality Act (CEQA) shall comply with California
Rules of Court, rules 3.2205, 3.2206, 3.2207, 3.2208.

2. Memorandum and Appendix. All motions and briefs shall conform to California Rules of
Court, including rule 3.1113, and indicate on the caption page that this matter has been
deemed Complex and is assigned for all purposes to a Complex Litigation Judge. No
memorandum may exceed the page limits set forth in the California Rules of Court, unless
advance permission is granted by the court.

3. Hearing Schedule. All motions shall be heard on the 2nd and 4th Friday complex law and
motion calendar at 8:30 am in the corresponding department of the judicial officer
assigned, unless specially set by the judicial officer. Any other matters requiring a hearing
or settlement conference shall be heard on the 2nd and 4th Tuesday complex case
management calendar at 9:00 am in the corresponding department of the judicial officer
assigned or as otherwise directed by the court.

4. Case Management. Case management conferences will be held at 9:00 am on the 2nd
and 4th Tuesday of each month in the department of the assigned judge. Counsel for all
parties shall meet and confer on all matters set forth in California Rules of Court, rules
3.750 and 3.724(8). In preparation for the case management conference, counsel for the
parties shall file a joint written Case Management Conference Statement fifteen (15) court
days before the case management conference. If the case management conference is
continued, the new conference date is operative. The case management statement must
not be the standardized Judicial Council form. It must be in prose and detail. The Case
Management Statement must include the following:

a. Status of pleadings;

b. Status of discovery;

c. Status of settlement or mediation;

d. Conclusions reached after meet and confer on all matters set forth in California Rules
of Court rule 3.750 and rule 3.724(8);

e. Anticipated motions;

f. Realistic and timely trial date; if a trial date cannot presently be set, state the reasons
and propose a realistic next case management conference date;

g. Notice of any related case. Cases considered “related” are those that arise out of the
same or similar fact situations, the same transaction, occurrence, or series of
transactions or occurrences as the cause of action which the plaintiff alleges in this

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complaint. For example, in a class action wage and hour case, the Court must be informed if a named party is currently litigating a case involving other wage and hour allegations; and

h. Any other matters for which the parties may need court rulings or scheduling. Counsel must be prepared to discuss these issues at the case management conference.

5. Discovery. During discovery, counsel should consider designating each exhibit with one number, to be used by all parties, for all uses, including depositions, motions, and trial. Alternatively, have one side use (for example) numbers 1 – 1000 and the other side use numbers 1001 through 2,000, in order to eliminate the use of letters.

B. Alternatives to Litigation. The court will consider flexible alternatives to costly litigation, such as: 1. Severing an issue for a bench trial (with or without stipulated facts). In this way the parties can resolve a disputed fact. This may assist the parties in resolving the case;

2. Informal discovery resolution;

3. Early motions in limine to narrow the issues. The goal would be to allow the parties 8/18/2024 to defer expensive discovery issues and proceedings.

C. Writ cases. Additional rules applicable to Writs of Mandate are found in Chapter 15.

(Policy statement – Repealed July 1, 2017; Complex Litigation Adopted January 1, 2025)

6.7 CASE DISPOSITION

A. The court will differentiate between cases according to their anticipated complexity and length. In the discretion of the court, cases will generally be assigned, under these policies and rules, into one of the following categories:

CATEGORY ONE: Category one cases are defined as cases that are expected to reach disposition in no more than twelve (12) months. Generally, these cases would have an estimated length of trial of two (2) days or less and/or present no complex issues.

CATEGORY TWO: Category two cases are defined as cases that are expected to reach disposition in no more than twelve (12) to eighteen (18) months. Generally, these cases would have an estimated length of trial of four (4) days of less and/or present significant legal issues.

CATEGORY THREE: Category three cases are defined as cases that are expected to reach disposition in eighteen (18) to twenty-four (24) months. Generally, these cases would have an estimated length of trial of five (5) court days or more and/or present complex legal or factual issues.

B. The court may in the interest of justice exempt a general civil case from the case disposition time goals under California Rule of Court, rule 3.713, if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court is guided by California Rules of Court, rules 3.715 and 3.400.

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If the court exempts the case from the case disposition time goals, the court must establish a

case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with the goal of disposing of the case within three (3) years.

C. The court recognizes that an early and amicable disposition will minimize costs to the litigants and public. The court will encourage referrals to the court-directed mediation program, early voluntary settlement conferences, and/or other alternative dispute resolution in all cases.

D. Failure to follow these rules, file a mandatory case management statement or trial management report and/or attend a mandatory case management conference may result in sanctions.

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Subd. (e) repealed, rule re-lettered January 1, 2009; Amended July 1, 2010; Amended (repealed subd. (b) and re-lettered (c)-(g) to (b)-(f)) July 1, 2012; Amended July 1, 2017; Amended January 1, 2024)

6.8 FROM CASE FILING TO CASE MANAGEMENT CONFERENCE

A. On the filing of every complaint, the clerk shall set a date for an initial Case Management Conference at least one-hundred-twenty (120) days, but no later than one-hundred- eighty (180) days, from the filing of the complaint.

B. Plaintiff shall serve all parties with notice of the initial case management conference no later than 45 days before the conference. (California Rule of Court, rule 3.722(b).)

C. The parties may request that the initial case management conference be vacated or continued by filing a request to vacate or continue initial case management conference and order concurrently with the case management statement. Receipt of a signed copy of the request to vacate or continue initial case management conference and order granting the request is necessary for parties to be excused from the case management conference; if parties do not receive a signed copy of the order granting the request, they must attend the initial case management conference.

(Adopted October 1, 1998; Amended January 1, 2003; Amended July 1, 2004; Amended January 1, 2007; Amended January 1, 2008; Amended January 1, 2010; Subd. (d) repealed, (e) – (h) re- lettered and amended July 1, 2010; Amended (repealed subd. (c) – (d) and (f) – (g), renumbered (e) to (c)) July 1, 2012; (a) Amended July 1, 2016; Amended January 1, 2024)

6.9 CASE MANAGEMENT CONFERENCES

A. At the case management conference, counsel for each party and each self -represented party must appear personally or remotely, must be familiar with the case, and must be prepared to discuss all matters contained in the case management statements.

B. If it appears for good cause that the matter will not be ready for trial within three (3) to five (5) months of the case management conference, the court may set additional case management or status conferences as necessary.

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C. Failure to file a case management statement, appear at the case management conference, or participate effectively at the case management conference may result in sanctions.

(Adopted October 1, 1998; Amended January 1, 2003; Amended January 1, 2007; Amended July 1, 2010; Amended July 1, 2017; Amended January 1, 2024)

6.10 REQUEST FOR TRIAL CONTINUANCE

All requests for continuances of trial dates, whether contested or uncontested, must comply with California Rules of Court, rule 3.1332 and shall only be allowed for good cause.

(Adopted October 1, 1998; Amended January 1, 2003; Amended July 1, 2004; Amended January 1, 2008; Amended July 1, 2010; Amended July 1, 2017; Amended January 1, 2024)

6.11 TRIAL MANAGEMENT ORDERS AND REPORTS

In order to ensure that the case is ready for trial and that there will be no unnecessary delays, the following orders are made:

A. Trial counsel for each of the parties shall meet and confer prior to trial for purposes of reviewing exhibits, potential witnesses, stipulations, exchange of trial motions, and compliance with this order. Failure to meet and confer concerning the matters herein may result in sanctions in accordance with Code of Civil Procedure section 575.2, including but not limited to the exclusion or limitation of evidence, monetary sanctions, dismissal of the case, striking of pleadings or entry of a default judgment.

B. The attorneys shall prepare a trial management report and brief (see Appendix A) and file the report as set forth below. Courtesy chambers copies of all trial management reports, briefs and motions in limine shall be submitted on the same day that the document is e-filed.

Category One: Friday prior to trial.

Category Two: Four (4) court days prior to trial, no later than 3:00 p.m.

Category Three: The court may set a trial management conference approximately ten (10) days prior to trial. The attorneys shall meet and confer, prior to the trial management conference, for purposes of preparing the trial management report and brief. The trial management report and brief shall be filed jointly or individually at least three (3) days prior to the conference, otherwise (4) court days prior to trial.

(Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2003; Amended and re-titled July 1, 2010; Amended July 1, 2012; Amended July 1, 2016)

6.12 COURT-DIRECTED MEDIATION PROGRAM RULES

A. Eligible Cases. The court shall determine those cases that are suitable for the “Mediation Program” and shall announce the determination orally to the parties at a case management conference. Parties may request court-directed mediation by filing a stipulation with the court. The case will be reviewed by the court and if the case is suitable, the parties will receive a

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“Notice of Referral to Mediation” from the court’s Alternative Dispute Resolution (ADR) administrator.

B. Referral to Mediation.

1. Referral Process. If the parties accept the court’s determination and agree to mediation, the court’s ADR administrator will refer the case for mediation. Mediators are selected from a list on a rotating basis, unless otherwise ordered by the court. The ADR administrator will select two (2) mediators, one of whom shall be the assigned mediator and other shall be the alternate mediator. If there is a conflict of interest for the assigned mediator, the parties will contact the alternate mediator.

2. Compensation. Mediators shall volunteer their preparation time and the first two (2) hours of mediation. After two (2) hours of mediation, the mediator may either: 1) continue to volunteer their time; or 2) give the parties the option of concluding the mediation or paying the mediator for additional time at an hourly rate of $200. The mediation will continue only if all parties and the mediator agree. After eight (8) hours in one (1) or more mediation

sessions, if all parties agree, the mediator may charge their hourly rate or such other rate that all parties agree to pay. In special circumstances for complex cases, requiring substantial preparation time, the parties and the mediator may make other arrangements. No party may offer or give the mediator any gift.

3. Payment. All terms and conditions of payment must be clearly communicated to the parties by the mediator. The parties may agree in writing to pay the fee in other than equal portions. The parties shall pay the mediator directly.

4. Mediation Agreement. A MEDIATION AGREEMENT between the assigned mediator and the parties shall have the form set forth in Appendix F and shall set forth the terms of the engagement, including, but not limited to, a specific enumeration of the pro bono hours, the parties’ option to continue mediation on a specific fee basis after the pro bono hours have been spent, confidentiality, disclosure of conflicts of interest, and the incorporation by reference of the Mediation Program local rules. The “Mediation Agreement” shall be fully signed before the commencement of the mediation session.

C. Timing and Scheduling the Mediation.

1. Parties’ Duty to Determine Mediator Conflicts of Interest and to Deliver Documents to the
Mediator. Within twenty (20) days of receiving the Notice of Referral to Mediation, the
parties shall confer with the assigned mediator to determine whether conflicts of interest
exist. They shall also deliver a complete copy of their case management statements to the
mediator.

2. Scheduling by Mediator. Promptly after being appointed to a case, the parties shall contact
the mediator and discuss the timing of scheduling mediation. Counsel shall then confer
with their clients and each other, and counsel representing plaintiff shall then inform the
mediator of potential dates that are available to the parties and their counsel. The mediator
shall then fix the date and place of the mediation within the deadlines set forth by these
rules and within their scheduling needs. Counsel shall respond promptly to and cooperate
fully with the mediator with respect to scheduling the mediation session.

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3. Deadline for Conducting Mediation. Unless otherwise ordered, the mediation shall be completed at least thirty (30) days prior to the parties’ next case management conference or mandatory settlement conference.

D. Written Mediation Statements.

1. Time for Submission. No later than five (5) calendar days before the first mediation session, each party shall submit directly to the mediator, and shall serve on all other parties, a written mediation statement.

2. Prohibition Against Filing. Mediation statements shall not be filed with the court.

3. Content of Statement. The statements shall be concise, include any information that may be useful to the mediator, and shall:

   a. Identify, by name and title or status of, the persons(s) with decision-making authority, who, in addition to counsel, will attend the mediation as representative(s) of the party, and persons connected with a party opponent (including an insurer representative) whose presence might substantially improve the utility of the mediation or the prospects for settlement;

   b. Describe briefly the substance of the suit addressing the party’s view of the issues and liability of damages and discussing the key evidence;

   c. Identify the discovery or motions that promise to contribute most to equipping the parties for meaningful settlement negotiations;

   d. Describe the history and current status of any settlement negotiations and provide any other information about any interests or considerations not described elsewhere in the statement that might be pertinent to settlement; and

   e. Include copies of documents likely to make the mediation more productive or improve settlement prospects.

E. Contact with Mediator before the Mediation. Before the mediation, the mediator may allow the parties to submit an additional confidential written statement for the mediator only or may discuss the case in confidence with a party and the party’s lawyer during a telephone conversation. The mediator shall not disclose any party’s confidential communications without the party’s permission.

F. Attendance at the Mediation Session.

1. Parties. All named parties and their counsel are required to attend the mediation session
and participate in good faith. This requirement reflects the court’s view that the principal
values of mediation include affording litigants the opportunity to articulate directly to other
litigants and a neutral mediator their positions and arguments and to be heard first hand.
Mediation also enables parties to collaborate in the search for mutually agreeable
solutions.

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a. A person with authority to settle the case must be present at the mediation.

b. Corporation or Other Entity. A party other than a natural person (e.g., a corporation or an association) satisfies this attendance requirement if represented by a person (other than outside counsel) who has authority to settle and who is knowledgeable about the facts of the case.

c. Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to settle, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is brought by a governmental entity on behalf of one (1) or more individuals, at least one (1) such individual also shall attend.

2. Counsel. Each party shall be accompanied at the mediation by the lawyer who will be primarily responsible for handling the trial of the matter.

3. Insurers. Insurer representatives who are necessary are required to attend in person.

4. Request to be Excused. Only the assigned mediator may excuse party from the mediation. A person who is required to attend mediation may be excused from attending in person only after demonstrating to the mediator that their personal attendance would impose an extraordinary or otherwise unjustifiable hardship. Any party requesting to be excused must contact the mediator at least five (5) days in advance of the scheduled mediation to arrange how the party will be able to participate without appearing in person. All arrangements must be approved by the assigned mediator.

5. Remote Participation. A person excused from appearing in person at the mediation session shall be available to participate remotely.

6. Failure to comply with this rule may result in an award of attorney fees or sanctions pursuant to California Rules of Court, rule 2.30 and Code of Civil Procedure section 128.5.

G. Procedure at Mediation.

1. Procedure. The mediation shall be informal. Mediators shall have discretion to structure the mediation to maximize the benefits of the process.

2. Separate Caucuses. The mediator may hold separate, private caucuses with each side or each lawyer or, if the parties agree, with the clients only. The mediator may not disclose communications made during such caucuses to another party or counsel without the consent of the party who made the communication.

H. Confidentiality.

1. Confidential Treatment. Except as provided in subdivision 2 below entitled “Limited
Exceptions to Confidentiality,” the mediator, all counsel and the parties, and any other

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persons attending the mediation shall treat all statements made at the session, and documents prepared for and created at the session as “confidential information.” The confidential information shall not be:

a. Disclosed to anyone not involved in the litigation;

b. Disclosed to the court; or

c. Used for any purpose, including impeachment, in any pending or future proceeding in this court.

2. Limited Exceptions to Confidentiality. This rule does not prohibit:

   a. Disclosures as may be stipulated by all parties and the mediator;

   b. A report to or any inquiry by the court regarding a possible violation of these Mediation Program rules;

   c. Any participant or the mediator from responding to an appropriate request for information duly made by the persons authorized by the court to monitor or evaluate the court’s Mediation Program; or

   d. Disclosures as are otherwise required by law.

3. Confidentiality Agreement. The mediator may ask the parties and all persons attending the mediation to sign a confidentiality agreement on a form provided by the court or included in the Mediation Agreement utilized by the mediator.

I. Follow Up. At the close of the mediation session, the mediator and the parties shall jointly determine whether it would be appropriate to schedule a follow up session. The follow up could include, but need not be limited to, written or telephonic reports that the parties might make to one another or to the mediator, the exchange of specified kinds of information, or another mediation session.

J. Certification of Session. Within ten (10) days of the close of each mediation session the mediator shall report to the court on the status of the mediation by filing with the court the STATEMENT OF AGREEMENT OR NONAGREEMENT (ADR-100)

K. Membership on the Mediator Panel.

1. The court has established an ADR committee pursuant to California Rules of Court, rules
10.782 and 10.783. The committee is responsible for overseeing the ADR programs for
general civil cases, including the responsibilities specified in California Rules of Court, rule
3.813(b) relating to the court’s judicial arbitration program.

2. The court shall maintain a panel of mediators. The ADR committee shall review
applications from potential mediators, evaluations of panel members, and make
recommendations to the supervising civil judge on the designation of panel mediators. The

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ADR committee shall designate the panel, and may add or remove mediators from the panel at any time.

3. Any person with a juris doctorate degree who has completed the training required by the Dispute Resolution Program Act for meditators may apply to the ADR committee for membership on the court-directed mediation panel. Applications are available on the court’s website and should be submitted to the ADR administrator at the Monterey County Superior Court. If the ADR committee determines that the applicant is qualified for membership on the mediation panel, the ADR committee shall add the applicant’s name to the list of members by January 1 of the following year.

L. Procedures for Handling Complaint about Court-Program Mediators

1. Application. The rules in this chapter establish the court’s procedures for receiving, investigating, and resolving complaints about mediators in the court’s mediation program for general civil cases, as required by California Rules of Court, rule 3.868. Nothing in these rules should be interpreted in a manner inconsistent with California Rules of Court, rules 3.865 – 3.872 or as limiting the court’s inherent or other authority, in its sole and absolute discretion, to determine who may be included on or removed from its list of mediators or who may be recommended, selected, appointed, or compensated as a mediator by the court. These rules also do not limit the court’s authority to follow other procedures or take other actions to ensure the quality of mediators who serve in the court’s mediation program in contexts other than when addressing a complaint. The failure to follow a requirement or procedure in these rules will not invalidate any action taken by the court in addressing a complaint.

2. Definitions. As used in this chapter:

   a. The “rules of conduct” means the “Rules of Conduct for Mediators in Court- Connected Mediation Programs for Civil Cases” set out in California Rules of Court, rules 3.850 – 3.860.

   b. “Court-program mediator” means a mediator who:

   i. Has agreed to be included on the court’s list or panel of mediators for general civil

   cases and is notified by the court or the parties of their selection to mediate a case within the court’s mediation program; or

   ii. Has agreed to mediate a general civil case in the court’s mediation program after

   being notified by the court or the parties that the mediator was recommended, selected, or appointed by the court or will be compensated by the court to mediate that case.

   c. “Inquiry” means an unwritten communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.

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d. “Complaint” means a written communication presented to the court’s complaint coordinator indicating that a mediator may have violated a provision of the rules of conduct.

e. “Complainant” means the person who makes or presents a complaint.

f. “Complaint coordinator” means the person designated by the supervising civil judge to receive complaints and inquiries about the conduct of mediators.

g. “Complaint proceeding” means all of the proceedings that take place as part of presenting, receiving, reviewing, responding to, investigating, and acting on any specific inquiry or complaint.

h. “Mediation communication” means any statement that is made or any writing that is prepared for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation, as defined in Evidence Code section 1115, and includes any communications, negotiations, and settlement discussions between participants in the course of a mediation or a mediation consultation.

3. Confidentiality.

   a. Preserving the confidentiality of mediation communications.

   All complaint proceedings will be conducted in a manner that preserves the confidentiality of mediation communications, including but not limited to the confidentiality of any communications between the mediator and individual mediation participants or subgroups of mediation participants.

   b. Confidentiality of complaint proceedings.

   All complaint proceedings will occur in private and will be kept confidential. No

   information or records concerning the receipt, investigation, or resolution of an inquiry or a complaint will be open to the public or disclosed outside the course of the complaint proceeding except as provided in California Rules of Court, rule 3.871(d) or as otherwise required by law.

4. Submission of inquiries and complaints to the complaint coordinator.

   All inquiries and complaints should be submitted or referred to the complaint coordinator.

5. Addressing inquiries.

   If the complaint coordinator receives an inquiry, the coordinator must inform the person making the inquiry that the complaint procedure provides for investigation of written complaints only and that the person should submit a written complaint if the person wants the court to conduct an investigation or take action. If the person does not submit a complaint, the complaint coordinator may prepare a written summary of the inquiry.

6. Acknowledgment and preliminary review of complaints.

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a. Acknowledgment of complaints.

When the complaint coordinator receives a complaint, the coordinator will send the
complainant a written acknowledgment of this receipt.

b. Preliminary review of complaints.

i. The complaint coordinator will review each complaint to determine whether it
warrants investigation or can be promptly, informally, and amicably resolved or
closed. The coordinator may:

a) Informally contact the complainant to obtain clarification or additional
information or to provide information that may address the complainant’s
concern.

b) Communicate informally with the mediator to obtain the mediator’s
perspectives.

ii. If it appears to the complaint coordinator that the mediator may have violated a
provision of the rules of conduct, the complaint coordinator must inform the
mediator about the complaint and give the mediator an opportunity to provide an
informal response.

iii. The complaint coordinator may close a complaint without initiating an investigation
if:

a) The complaint is withdrawn by the complainant; or

b) The complainant, the mediator, and the complaint coordinator have agreed
on a resolution to the complaint.

iv. With the consent of the presiding judge or the supervising civil judge’s designated
judicial officer, the complaint coordinator may close a complaint without initiating
an investigation if:

a) No violation of the rules of conduct appears to have occurred or the complaint
is without sufficient merit to warrant an investigation; or

b) The conduct alleged would constitute a very minor violation of the rules of
conduct, the coordinator has discussed the complaint with the mediator, and
the mediator has provided an acceptable explanation or response.

c. Notification of closure

If the complaint coordinator closes a complaint without initiating an investigation, the
coordinator must send the complainant notice of this action.

7. Appointing an investigator or a complaint committee.

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The supervising civil judge will appoint an investigator who has experience as a mediator and is familiar with the rules of conduct, or a complaint committee that includes at least one (1) such individual, to investigate and make recommendations concerning any complaint that is not resolved or closed by the complaint coordinator as a result of the preliminary review.

8. Investigations.

   a. Application. The procedures in this rule apply only if a complaint is not resolved or closed through the preliminary review or if the complaint coordinator initiates an investigation under (b).

   b. Referral of a complaint for investigation. If a complaint is not closed as a result of the preliminary review, the complaint coordinator will refer it to the investigator or complaint committee for investigation.

   The complaint coordinator will provide the investigator or complaint committee with a summary of the preliminary review that includes:

   i. A copy of the complaint;

   ii. A copy or summary of any response from the mediator;

   iii. A list of any violation of the rules of conduct that it appears may have occurred;

   and

   iv. Copies of any previous complaints about the mediator and any written summaries of inquiries that are relevant to the current complaint.

   c. Initiation by the complaint coordinator. The complaint coordinator may initiate an investigation based on information received from any source, including an inquiry, indicating that a mediator may have violated a provision of the rules of conduct. To initiate the investigation, the complaint coordinator must refer the information received to an investigator or complaint committee with a list of the violations of the rules of conduct that it appears may have occurred.

   d. Mediator’s notice and opportunity to respond.

   i. The investigator or complaint committee must provide the mediator with a copy of

   the materials provided to the investigator or complaint committee by the committee by the complaint coordinator under (b) or (c).

   ii. The mediator will be given an opportunity to respond to the complaint and the list

   of apparent violations.

   e. Preparing report and recommendation.

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The investigator or complaint committee will conduct the investigation that the
investigator or complaint committee considers appropriate. Thereafter, the investigator
or complaint committee will prepare a written report that summarizes the investigation
and states the investigator’s or complaint committee’s recommendation concerning
the final decision on the complaint. The investigator or complaint committee may
recommend one (1) or more actions that are permissible under California Rules of
Court, rule 3.870.

f. Informing mediator of recommendation.

The investigator or complaint committee may inform the mediator of its
recommendation and inquire whether the mediator accepts that recommendation. If
the mediator accepts the recommendation, the investigator’s or complaint committee’s
report must indicate this.

g. Submitting report and recommendation.

The investigator or complaint committee must submit its report and recommendation
to the complaint coordinator. The complaint coordinator must promptly forward a copy
of the report and recommendation to the supervising civil judge.

9. Final decision on a complaint that was investigated.

   a. Responsibility for final decision.

   The supervising civil judge is responsible for making the final decision about the action to be taken on any complaint that was investigated under Local rule 6.12(I) or for designating another judicial officer or a committee that includes a judicial officer to perform this function.

   b. Acting on recommendation.

   i. Within thirty (30) days after the investigator’s or complaint committee’s
   recommendation is forwarded to the supervising civil judge, the supervising civil
   judge or designee may submit to the complaint coordinator a decision:

   a) Affirmatively adopting the investigator’s or complaint committee’s
   recommendation as the final decision on the complaint; or

   b) Directing a different action that is permissible under California Rules of Court,

rule 3.870.

ii. If the supervising civil judge or designee does not submit a decision within thirty
(30) days after the complaint committee’s recommendation is forwarded, as
provided in (i), the investigator’s or complaint committee’s recommendation will
become the final decision on the complaint.

c. Notification of final action.

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The complaint coordinator must promptly notify the complainant and the mediator in writing of the final action taken by the court on the complaint.

d. Authorized disclosures.

After the decision on a complaint, the supervising civil judge may authorize the public

disclosure of information or records concerning the complaint proceeding that do not reveal any mediation communications. The disclosures that may be authorized under this subdivision include the name of a mediator against whom action has been taken, the action taken, and the general basis on which the action was taken. In determining whether to authorize the disclosure of information or records under this subdivision, the supervising civil judge or designee should consider the purposes of the confidentiality of complaint proceedings stated in California Rules of Court, rule 3.871.

10. Interim suspension pending a final decision on a complaint.

    If the preliminary review or the investigation indicates that a mediator may pose a threat

    of harm to mediation participants or to the integrity of the court’s mediation program, the supervising civil judge or the other judicial officer or committee designated by the supervising civil judge to make the final decision about the action to be taken on any complaint may suspend the mediator from the court’s panel or list pending final decision on the complaint. The complaint coordinator may make a recommendation to the supervising civil judge or the designee regarding such a suspension.

(Adopted January 1, 2006; Amended January 1, 2008; Subd. f (6) added and rule amended January 1, 2009; Amended January 1, 2010; Amended July 1, 2010; Amended July 1, 2012; Amended July 1, 2017; Amended January 1, 2019; Amended January 1, 2024)

6.13 SETTLEMENT CONFERENCES

A. A mandatory settlement conference will be set by the court approximately thirty (30) days prior to the trial date unless the court determines that an earlier settlement conference shall be appropriate.

B. Unless otherwise ordered by the court, at any mandatory settlement conference, all parties and/or principals with full legal and monetary authority to settle the case shall be in personal attendance. Insurance representatives shall have full authority to settle the case and shall be fully knowledgeable about the case.

C. Requests to appear remotely shall be approved only by the settlement judge. If remote appearance is approved, the requesting person shall be available until excused by the court. In any case where remote appearance has been approved, the court may, in its sole discretion, continue the conference and order that person to personally attend.

D. Each party shall comply with California Rules of Court, rule 3.1380(c) and file a settlement conference statement no later than five court days before the conference. In addition, the settlement conference statement shall contain the following information:

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1. A complete description of the nature of the case and the facts in support of that party’s contentions, including both liability and damages, and indicating those matters that are agreed upon or in dispute;

2. The legal contentions of that party with supporting authorities;

3. A listing of all alleged economic damages incurred and the basis; and a statement of those agreed to and/or in dispute;

4. All prior settlement offers and demands; and

5. Any perceived impediments to settlement.

E. In actions brought under the Song-Beverly Consumer Warranty Act, Civil Code section 1791 et seq., in addition to the information required in Rule 6.13(D)(1) – (5), each of the parties’ statements shall contain the following information:

1. The purchase and/or lease price of the subject vehicle;

2. What portion of the purchase price, if any, included items supplied by the dealer rather than the manufacturer;

3. What amount if any, is still owed on the purchase price of the vehicle as of the date of the settlement conference;

4. Whether the plaintiff still owns the subject vehicle or has traded it in, and if traded in, what balance of the purchase price remained unpaid at the time of trade-in;

5. Dates plaintiff made complaint of the alleged defect(s) to either the dealer or manufacturer and whether the subject vehicle was presented to the dealer or manufacturer for repair or correction of each such alleged defect(s);

6. The mileage of the subject vehicle when the plaintiff first complained to the dealer or manufacturer about the vehicle defect upon which the action is based, and the mileage accrued thereafter while in Plaintiff’s possession;

7. Dates when the subject vehicle was presented to the dealer or manufacturer for repair of the defect(s) upon which the action is based;

8. Whether the manufacturer offered to purchase the subject vehicle back and if so, when each offer was made and whether a specific amount of repurchase was offered by the manufacturer;

9. Whether the dealer or manufacturer requested information from the plaintiff to determine the amount of a repurchase price and whether the plaintiff presented information or the subject vehicle to the dealer or manufacturer after any such request. Additionally, whether Plaintiff has accepted any such repurchase offer; and

10. In itemized form, the amounts of incidental or consequential damages sought.

F. Settlement conference statements shall not be confidential unless ordered by the court.

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G. The trial attorneys or a fully informed associate with full authority to settle the matter shall attend for each party. Counsel shall be prepared to make a bona fide offer of settlement.

H. Failure to comply with this rule may result in an award of attorney fees or sanctions pursuant to California Rules of Court, rule 2.30 and Code of Civil Procedure section 128.5.

I. These rules shall apply to all settlement conferences whether considered mandatory or voluntary.

(Adopted October 1, 1998; Amended January 1, 2003; Amended January 1, 2008; Amended July 1, 2010; Amended July 1, 2016; Amended January 1, 2024; Amended January 1, 2025)

6.14 REMOTE APPEARANCE

In accordance with the provision of California Rules of Court, rules 3.670 and 3.672, counsel and unrepresented litigants shall have the option of appearing by telephone or video conference in any conference or non-evidentiary law and motion hearing, excluding settlement conferences. (See also Local Rule 1.8.)

If a person appearing remotely cannot be heard audibly in the courtroom, a personal appearance may be required.

(Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2003; Amended July 1, 2007; Amended July 1, 2017; Amended January 1, 2024)

6.15 MISCELLANEOUS RULES

A. Collection actions (California Rules of Court, rule 3.740) will be assigned to the court’s case disposition calendar. A hearing will be set thirteen (13) months from the date of filing. If default judgment or dismissal has been entered no appearance is necessary.

Upon the filing of a response/denial/answer by a defendant(s), the collection action will be changed to a civil fast track/delay reduction case and a case management conference or mandatory settlement conference/trial setting conference will be set within sixty (60) to ninety (90) days of the filing of the responsive pleading.

B. Dismissal of Unlawful Detainer actions for untimely proof of service. If proof of service is not filed within 60 days of the complaint’s filing, the court will dismiss the action without prejudice. (Code of Civil Procedure section 1167.1.) No hearing is required before the court may dismiss the action. Prior to dismissal, the plaintiff may request an extension of time to achieve service, which may be granted for good cause shown.

C. Alternative Dispute Resolution. It is the policy of this court to promote and encourage alternative dispute resolution. In any case where judicial arbitration is ordered, the parties may stipulate to substitute private arbitration or mediation. In any case where the matter is referred to any form of alternative dispute resolution, including judicial arbitration, it shall be finally concluded in no more than ninety (90) days if no other date is set by the court.

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D. Interpreters. It is the responsibility of the attorney/party to obtain an interpreter if needed for any civil matter. A family member, friend, or the attorney may only interpret: 1) in an uncontested matter; 2) with the express consent of the party; 3) with the express statement of the attorney that there is no conflict of interest; and 4) on being properly sworn.

E. Court Reporters. See Local rule 19.11.

(Adopted October 1, 1998; Amended January 1, 2003; Amended January 1, 2007; Amended July 1, 2007; Amended January 1, 2008; Subd. (d) added, rule amended January 1, 2009; Amended July 1, 2010; Amended July 1, 2012 (repealed subd. (b), (c), and (e), renumbered (d) to (a) and (e) to (c); Amended July 1, 2017; Amended January 1, 2019; Amended January 1, 2024; Amended July 1, 2024, Amended January 1, 2025)

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APPENDIX A

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

TRIAL MANAGEMENT REPORT AND BRIEF

A. FORMAT OF REPORT

The “Trial Management Report” and “Brief” shall provide the information requested below. The Report shall be prepared according to California legal format and shall contain the full case caption. The Report shall be typed or computer printed on pleading paper. Failure to file a Report as required or provide all requested information may result in exclusion or limitation of evidence, monetary sanctions, dismissal of the case, striking of pleadings, or entry of a default judgment.

All information requested below must be provided or its absence explained. Attachments may be used to provide additional information or to state the positions of each of the parties.

All discovery must be completed prior to trial. Delays will not be granted for the purpose of conducting further discovery except on a showing of good cause, to include, but not be limited to, a showing of why discovery could not reasonably have been completed prior to trial.

The Trial Management Report and Brief shall include the following information.

B. ATTORNEY AND CASE INFORMATION

Case Name: Trial Attorneys: Plaintiff: Telephone: Defendant: Telephone: Additional Parties:

C. SUMMARY OF THE NATURE OF THE CASE

The Report shall include a summary of the allegations and supporting facts as contended by each party. It is anticipated that the trial court shall use this information to acquaint itself with the competing allegations and contentions, the contested factual issues, and to inform the jury as to the nature of the proceedings. The summary shall be non-argumentative and concise.

D. STATEMENT OF ISSUES, CAUSES OF ACTIONS, AND DEFENSES

The Report shall include a listing of specific causes of action and defenses as contained in the pleadings.

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E. TRIAL BRIEFS, PRETRIAL MOTIONS, AND MOTIONS IN LIMINE

The attorneys shall file all trial briefs, as necessary, with the Trial Management Report and Brief. In addition, the Report shall include a list of all requests for judicial notice, pretrial motions, motions in limine, and appropriate points and authorities.

F. DISCOVERY

Each party shall indicate whether discovery is completed. If discovery is not completed, the Report shall indicate why discovery has not been completed and shall specify the specific areas yet to be completed.

G. STIPULATIONS

Each party shall list agreed upon stipulations and any matter to which they are willing to stipulate.

H. EXHIBITS

The Report shall include a list of all proposed exhibits. Each party shall file a declaration indicating any objections to the exhibits of the opposing parties with a brief statement of reasons. Failure to object to an exhibit may be deemed a waiver of all objections thereto, and the exhibit may be entered into evidence without further argument. Objections to and editing of medical records shall be accomplished prior to trial, unless otherwise ordered by the court. All proposed exhibits shall be pre-marked and exchanged and/or reviewed between the parties. Unless otherwise designated by the trial judge, the Plaintiff/Petitioner will mark their exhibits using numbers and the Defendant/Respondent will use letters. Exhibits which are not pre-marked and exchanged shall not be admitted in evidence except on a showing of good cause, to include, but not be limited to, a declaration as to why said exhibit was not so marked and exchanged.

Any and all exhibits (including any demonstrative evidence, charts, posters, etc.) which are to be viewed by the jury before deliberations shall be identified. These exhibits shall be made available for review. If permitted by the court, it shall be the duty of counsel to arrange for sufficient copies for each juror, enlargement, or viewing by overhead projector.

The parties are responsible for obtaining and making available all equipment necessary to listen to and/or view any evidence. Necessary equipment shall be available, set up, and approved by the court.

Any party wishing to offer into evidence an electronic sound or sound-and-video recording must comply with California Rules of Court, rule 2.1040. Except as provided in Rule 2.1040, the party offering the recording into evidence must provide the opposing party with a copy of the recording and any required transcript prior to the hearing. See also Local Rule 1.8(D).

I. DISCOVERY MATERIALS

The Report shall include a list of all depositions intended to be used during trial and any objections thereto. Original, signed depositions to be used during the trial shall be lodged with the courtroom clerk, on the first day of trial. Procedures for presenting the materials during the trial, shall be established by the court.

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J. VIDEO DEPOSITIONS

Parties shall indicate in the Report the intended use of any video depositions. The parties shall review video depositions prior to the preparation of the Trial Management Report and Brief. Objections shall be identified in the Report. The party intending to use a video deposition shall be responsible for editing of any further objections sustained by the court. The court shall be provided with an original, signed written transcript of the video deposition.

K. WITNESSES

Each party shall prepare a list of witnesses and the general nature of their testimony (e.g., percipient witness, character witness, expert witness on damages, etc.). No witness, except a witness for purposes of impeachment, who has not been designated as a witness in the list above shall be allowed to testify except on a showing of good cause, to include, but not be limited to, a showing of why that witness was not so designated. Any witness needing any special assistance shall be identified (e.g., interpreter, disabled, etc.).

All witnesses are expected to be available as needed for trial. Any special scheduling problems shall be noted.

L. VOIR DIRE

The Report shall indicate the subject areas which the parties wish the court to inquire into and those subject areas which the parties request to ask questions about themselves. Requests for a juror questionnaire or in camera questioning of a juror as to particular matters shall be indicated in the Report and a copy of the proposed questionnaire attached to the Report.

M. JURY INSTRUCTIONS

All proposed instructions shall be lodged with the court with the Report. All proposed instructions shall be fully edited without any blank lines or unused bracketed portions and submitted in duplicate. One (1) copy shall be prepared on plain paper, separate from argument or authorities, and shall not indicate by whom the instructions are presented. At the close of evidence, the trial court will conduct a hearing on instructions to determine the final instructions to be given to the jury.

N. VERDICT FORMS

Proposed verdict forms shall be filed with the Report. The verdict forms shall be prepared on plain pleading paper and shall not indicate by whom the verdict forms are presented. The trial court will conduct a hearing to determine the final form of verdict.

O. OTHER REQUESTS: [list all additional requests]

(APPENDIX A: Adopted October 1, 1998; Amended January 1, 2003; Repealed July 1, 2010; Re- titled Appendix A July 1, 2010; Amended July 1, 2012, Amended July 1, 2016; Amended January 1, 2024; Amended January 1, 2025; Amended July 1, 2025; Amended January 1, 2026)

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APPENDIX F

MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM MEDIATION AND CONFIDENTIALITY AGREEMENT

This Mediation and Confidentiality Agreement is dated _________________________, and entered into by and between the undersigned parties and ______________________________, Attorney at Law, who will serve in the capacity of mediator pursuant to this agreement.

Applicable Law - This mediation shall be subject to the terms and conditions of California Evidence Code sections 1115 – 1128, and the terms and conditions of the Monterey County Court-Directed Mediation Program Rules, both of which are incorporated herein by reference as though fully set forth in this mediation agreement,

Confidentiality - All statements made in preparation of or during the course of this mediation are privileged settlement discussions, are made without prejudice to any party's legal position, and are undiscoverable and inadmissible for any purpose in any legal, administrative, or other proceeding.

The privileged character of any information is not altered by disclosure to ______________________________, the mediator. Disclosure of any statements made to the mediator in confidence, records, reports or other documents received or prepared by the mediator cannot be compelled. The mediator shall not be compelled to disclose or testify in any proceeding of any kind.

Mediator’s Services – The attorney-mediator’s services are offered to the parties on a pro bono (no fee) basis for preparation time and two hours of mediation service. See Attachment A for a complete description of voluntary fee options after expiration of pro bono services.

Signed before the commencement of the mediation by each of the persons whose signatures appear below:

Date:

---

Insert Name of Attorney

Mediator Date: ______________________

Print Name of Party (1): __________________________________________________

Signature of Party (1): ____________________________________________________

Print Name of Party (1) Attorney: ___________________________________________

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Signature of Party (1) Attorney: ____________________________________________

Date: ______________________________

Print Name of Party (2): __________________________________________________

Signature of Party (2): ____________________________________________________

Print Name of Party (2) Attorney: ___________________________________________

Signature of Party (2) Attorney: ____________________________________________

Date: ______________________________

Print Name of Party (3): __________________________________________________

Signature of Party (3): ____________________________________________________

Print Name of Party (3) Attorney: ___________________________________________

Signature of Party (3) Attorney: ____________________________________________

Date: ______________________________

Print Name of Party (4): __________________________________________________

Signature of Party (4): ____________________________________________________

Print Name of Party (4) Attorney: ___________________________________________

Signature of Party (4) Attorney: ____________________________________________

Date: ______________________________ (APPENDIX F: Adopted January 1, 2006)

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MEDIATION AGREEMENT ATTACHMENT “A”

PRO BONO SERVICES AND VOLUNTARY FEE STRUCTURE

MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM

The “Mediation Agreement” between (among) the parties and their legal representatives incorporates this Attachment A as an integral component of the Mediation Agreement.

A. PRO BONO MEDIATION – The attorney-mediator is a member of the Monterey County Court- Directed Mediation Program and offers their mediation services for no cost subject to the following terms and conditions:

1. Preparation time and Scheduling: Volunteer attorney-mediator will offer their time necessary to the preparation of, scheduling, and coordination with the parties and their representatives prior to the commencement of the scheduled mediation session(s) as a component of their participation in the court-directed program.

2. Mediation Session: Volunteer attorney-mediator offers two (2) hours of their time as volunteer attorney-mediator in working with the parties to reach a voluntary settlement (agreement) in their case. The two (2) hours will commence after the parties have signed the Mediation Agreement and at the time of the mediator’s opening statement. The two (2) hours will include any necessary breaks, caucuses, recesses, or other intermittent breaks from the formal mediation session but will not include meal breaks or recess involving a rescheduling of the mediation. The mediator shall maintain accurate time records and those time records shall be determinative in the calculation of accrued mediation time.

B. VOLUNTARY FEE OPTION - At the expiration of the first two (2) hours of accumulated mediation time, the attorney-mediator may offer to continue the mediation at the rate of $200/hour to be shared equally by the parties (unless otherwise negotiated to the agreement of all parties and incorporated as a component of the signed mediation agreement). The election of this option is VOLUNTARY and no party shall be compelled to continue with paid mediation unless subject to the parties’ voluntary and signed commitment to such fee schedule.

1. Voluntary Waiver by Attorney-Mediator - The volunteer attorney-mediator may waive the imposition of voluntary fee at their discretion and subject to the agreement of the parties to continue in the mediation process. This voluntary waiver is subject to the will of the attorney-mediator and may be offered for a finite and defined period of time (e.g., one (1) more hour, two (2) more hours, etc.).

2. After Six hours of Voluntary Compensation at $200/Hour - After six (6) hours of attorney- mediation compensation at the $200/hour level that has been agreed to by the parties and their attorneys, the attorney-mediator may at their discretion offer to continue the mediation at their regular hourly fee subject to the voluntary agreement of the parties.

Coordination of Payment of Agreed to Fees After Expiration of Pro-Bono Services. Should the parties elect to continue with mediation after the expiration of the pro bono preparation and two (2) hour mediation, all such financial agreements shall be recorded by the attorney -mediator in

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the Mediation Agreement or amendment thereto signed by the parties and their attorneys including the volunteer attorney-mediator. Payments shall be made directly to the attorney- mediator, and the court will not oversee the collection of payments. The court, at its discretion, may postpone trial setting in a case that does not settle in mediation pending full payment of agreed to attorney- mediator fees that remain unpaid.

(ATTACHMENT A: Adopted January 1, 2006, Internally renumbered and corrected January 1, 2023; Amended January 1, 2024)

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CHAPTER 7 LAW AND MOTION

Table of Contents

7.1 LAW AND MOTION JUDGES ......................................................................................................................... 2 7.2 LAW AND MOTION CALENDAR .................................................................................................................... 2

7.3 MATTERS INCLUDED ................................................................................................................................... 2 7.4 CONTINUANCES ........................................................................................................................................... 2 7.5 LONG MATTERS ............................................................................................................................................ 2 7.6 UNCONTESTED CIVIL MATTERS ................................................................................................................. 2 7.7 REMOTE APPEARANCE IN CIVIL LAW AND MOTION HEARINGS ............................................................ 3 7.8 REPEALED ..................................................................................................................................................... 3 7.9 TENTATIVE RULINGS ................................................................................................................................... 3 7.10 REPEALED ..................................................................................................................................................... 4 7.11 EX PARTE APPLICATIONS ........................................................................................................................... 4 7.12 EXECUTED ORIGINAL OF AMENDED PLEADING ...................................................................................... 5 7.13 DISCOVERY FACILITATOR PROGRAM ....................................................................................................... 5

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7.1 LAW AND MOTION JUDGES

The law and motion judges shall be designated by the Presiding Judge.

(Adopted October 1, 1998; Amended July 1, 2015)

7.2 LAW AND MOTION CALENDAR

Civil Law and Motion matters are heard in Monterey, as reflected on the court’s website.

(Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2001; Amended July 1, 2003; Amended July 1, 2013; Amended July 1, 2015; Amended July 1, 2017)

7.3 MATTERS INCLUDED

The Civil Law and Motion Departments shall handle, issue, and sign all orders in Civil Law and Motion matters. All ex parte motions and orders for injunction, writs of mandate, non-family law restraining orders, writs of prohibition, and ex parte provisional remedies, such as attachments and appointment of receivers, shall be assigned by the supervising judge or designee.

(Adopted October 1, 1998; Amended July 1, 2015; Amended July 1, 2017)

7.4 CONTINUANCES

A. The parties may, with good cause, stipulate to continue a law and motion matter for a reasonable amount of time. The clerk’s office must be notified of such stipulations at least two court days prior to the scheduled hearing.

B. All requests for stipulated continuances of law and motion matters must be made to the judge scheduled to hear the matter. The request must indicate good cause for the continuance, describe the basis for previous stipulated continuances, if any, and state the position of opposing counsel regarding the continuance. Failure to appear at the date and time set for hearing, may result in the matter being dropped from the calendar.

(Amended July 1, 2003; Amended July 1, 2012; Amended July 1, 2015)

7.5 LONG MATTERS

Upon calling a law and motion matter, if it should appear that more than fifteen (15) minutes will be required, the court may specially reset the hearing.

(Adopted October 1, 1998, Amended July 1, 2012)

7.6 UNCONTESTED CIVIL MATTERS

No uncontested civil matter shall be heard unless application is filed with the clerk, using Local form CI-133, Request to Set Hearing, found on the court’s website, at least 15 days prior to the date requested, unless an emergency exists which requires an earlier hearing. No matter shall be

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set unless all pleadings, stipulations and other necessary papers are on file with the clerk and default, if required, has been entered.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2015)

7.7 REMOTE APPEARANCE IN CIVIL LAW AND MOTION HEARINGS

In accordance with the provision of California Rules of Court, rule 3.670 and 3.672, counsel and unrepresented litigants shall have the option of appearing by telephone or video conference in any conference or non-evidentiary law and motion hearing, excluding settlement conferences. Personal appearance may be required in accordance with the court’s obligation to ensure, pursuant to California Rules of Court, rule 3.670, that statements are audible.

(Adopted July 1, 1999; Amended July 1, 1999; Amended July 1, 2004; Amended July 1, 2007; Amended July 1, 2017; Amended January 1, 2024)

7.8 REPEALED

(Adopted January 1, 2004; Obtaining an expedited order after hearing or stipulation - Repealed January 1, 2011)

7.9 TENTATIVE RULINGS

A. Procedure

The court follows the tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1) for civil law and motion matters, probate matters and family law and motion matters.

B. Availability of Rulings

Tentative rulings will be available on the court’s website and by telephone at (831) 647-5800 ext. 3040, by 3:00 p.m. on the court day before the scheduled hearing.

C. Oral Argument

1. Directed by Court. If the court desires oral argument, the tentative ruling will so direct. The tentative ruling may also note any issues on which the court wishes the parties to provide further argument.

2. Requested by a Party. If the court has not directed oral argument, oral argument will be permitted only if a party notifies all other parties and the court, by 4:00 p.m. on the court day before the scheduled hearing, of the party’s intention to appear. The notification to the court may be in person, by telephone to (831) 647-5800 ext. 3040 or by email at TentativeRulings@monterey.courts.ca.gov. Notice to the other party must be by telephone or in person, as required by California Rules of Court, rule 3.1308(a)(1). Confirmation by email, text message or any other means agreed to by the parties is encouraged.

D. Final Ruling

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Absent a court order for oral argument or a request for a hearing by any party, the tentative ruling will become the final ruling of the court, and the hearing shall be vacated.

E. Tentative Rulings Not Required

This local rule does not require any judge to issue tentative rulings.

F. No Tentative Ruling

Whenever a tentative ruling has not been issued, the parties are to appear at the scheduled hearing unless otherwise ordered.

G. Preparation of Order

After the Court issues a final ruling, with or without oral argument, the prevailing party shall prepare an order after hearing consistent with California Rules of Court, rule 3.1312 and submit it to the Court for execution and filing, unless otherwise ordered by the Court.

(Adopted July 1, 2023)

7.10 REPEALED

(Adopted October 1, 1998; Summary judgment and summary adjudication of issues - Repealed July 1, 2012)

7.11 EX PARTE APPLICATIONS

Except as otherwise specifically provided by these rules, requests for ex parte relief in civil cases shall be presented in conformance with California Rules of Court, rules 3.1200 – 3.1207.

Hearing time and dates for Ex Parte Applications can be found on the court’s civil webpage at www.monterey.courts.ca.gov/civil/. In exceptional circumstances, the court may allow appearance as a special setting. If a special setting is allowed by the court, the application will be informed by the court and will be required to re-notice all parties.

In addition to compliance with California Rules of Court, rules 3.1200 – 3.1207, the application and all supporting papers shall be filed with the court by 10 a.m. on the court day preceding the hearing date. Copies of any responding papers should be submitted prior to the hearing, if possible. Late- submitted moving papers will be accepted for filing and presented to the appropriate judicial officer pursuant to California Rules of Court, rule 3.1205. However, parties are advised that the late submittal of ex parte application and supporting documentation may cause the hearing and/or decision thereon to be delayed.

An ex parte application will be considered without a personal appearance in the cases set forth in California Rules of Court, rule 3.1207, and in those cases where the parties have stipulated that the ex parte application and any opposition may be determined without a personal appearance.

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(Adopted January 1, 2004; Amended January 1, 2005; Amended July 1, 2010; Amended January 1, 2011; Amended July 1, 2014; Amended July 1, 2016; Amended July 1, 2017; Amended January 1, 2019)

7.12 EXECUTED ORIGINAL OF AMENDED PLEADING

The purpose of this rule is to ensure the court’s records include an e-file version of every amended pleading as a separately e-filed document as provided in Local rule 1.7(F). As set forth in other rules, amendment of pleadings requiring leave of the court may be made upon the granting of a motion or by stipulation.

A. If the motion to amend is granted, the original executed amended pleading shall be e-filed by the moving party.

B. If upon stipulation: The proponent of the amended pleading must e-file the executed proposed amended pleading along with the stipulation. These documents must not be attached to the stipulation or to any other document.

(Adopted July 1, 2012; Amended July 1, 2013; Amended July 1, 2016, Amended January 1, 2023)

7.13 DISCOVERY FACILITATOR PROGRAM

The court has adopted a Discovery Facilitator Program. Parties are encouraged to utilize this program for resolving discovery disputes.

The purpose of the program is to provide a vehicle where parties and counsel resolve discovery disputes in an economical, flexible, and participant-controlled manner while avoiding the risk of delay and the imposition of sanctions inherent in formal discovery motion practice.

The rules of the program are posted on the court’s website on both the civil and mediation pages: https://www.monterey.courts.ca.gov/mediation/discovery-facilitation

(Adopted effective July 1, 2015; Amended July 1, 2017; Amended January 1, 2019; Amended July 1, 2020)

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CHAPTER 8 ATTORNEY FEES – DEFAULT AND UNCONTESTED MATTERS

Table of Contents

8.1 SCHEDULE OF ATTORNEY FEES ................................................................................................................ 2 8.2 REQUEST FOR ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS .................................................. 2

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CHAPTER 8 ATTORNEY FEES – DEFAULT AND UNCONTESTED MATTERS

8.1 SCHEDULE OF ATTORNEY FEES

If the obligation sued upon provides for the recovery of a reasonable attorney's fee, the fee in each default case and in each case where judgment is rendered pursuant to Code of Civil Procedure section 585(a), may be fixed pursuant to the following schedule:

Principal Amount of Judgment Attorney's Fee

Under $2,000 25 percent

Under $2,000.01 to $5,000.00 20 percent or $500.00 – whichever is greater

$5,000.01 to $10,000.00 15 percent or $1,000.00 – whichever is greater

$10,000.01 to $25,000.00 12 percent or $1,500.00 – whichever is greater

On judgments in excess of $25,000.00 the attorney’s fee may be ten percent (10%) of the principal amount between $25,000.00 and $50,000.00, and five percent (5%) of any additional sum.

Plaintiff shall have the right, in accordance with Code of Civil Procedure section 585(a), to have the attorney fee fixed by the court in an amount different than as set forth above.

(Adopted October 1, 1998)

8.2 REQUEST FOR ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS

If the obligation sued upon provides for recovery of reasonable attorney fees, the court may allow a $450.00 fee to the prevailing party in an unlawful detainer default hearing. In unusual cases, attorneys may apply to the court, by motion, for increased fees.

(Adopted October 1, 1998; Amended July 1, 2017)

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CHAPTER 9 APPELLATE DIVISION

Table of Contents

9.1 JURISDICTION ............................................................................................................................................... 2 9.2 JUDICIAL ASSIGNMENT AND SESSIONS .................................................................................................... 2

9.3 PROCEDURES, FILING AND FEES .............................................................................................................. 3 9.4 RECORD ON APPEAL ................................................................................................................................... 4 9.5 BRIEFS ........................................................................................................................................................... 5 9.6 ORAL ARGUMENT / HEARINGS ................................................................................................................... 5

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9.1 JURISDICTION

A. Appellate jurisdiction.

The Appellate Division of the Superior Court of California, County of Monterey has appellate jurisdiction over all infraction, misdemeanor and limited civil cases heard in a Monterey County court. (Penal Code section 1466; Code of Civil Procedure section 904.2.)

B. Writ jurisdiction.

The appellate division has jurisdiction to consider petitions for writ of mandamus, prohibition or certiorari in all traffic, misdemeanor, limited civil cases and all actions arising out of the small claims court. (Code of Civil Procedure sections 1085, 1103, 1068, 116.798, 116.820.)

The appellate division has jurisdiction to consider petitions for writ of error coram vobis in all misdemeanor, traffic and limited civil cases that are already affirmed on appeal or are currently pending appeal. (Penal Code section 1265.)

The appellate division has jurisdiction to consider a petition for writ of supersedeas in all misdemeanor, traffic, limited civil and small claims cases arising out of the small claims court. (California Rules of Court, rule 8.824; Code of Civil Procedure section 923.)

(Adopted October 1, 1998; Amended July 1, 2003; Amended January 1, 2006; Amended January 1, 2010; Amended July 1, 2014; Amended July 1, 2017; Amended January 1, 2024)

9.2 SESSIONS

A. Panel review.

An appellate division panel is comprised of no more than three (3) judges. The presiding appellate judge shall designate which judges will participate on the panel for any given matter. Unless specified below, the entire panel shall participate in a hearing or decision. The concurrence of two (2) or more judges is necessary to render a decision in every case. (Code of Civil Procedure section 77.)

B. Independent judicial review.

A single appellate division judge shall hear and decide all traffic appeals. A single appellate division judge shall decide all writ petitions arising out of the small claims court, other than a petition regarding the enforcement of judgment. (Code of Civil Procedure sections 77, 116.798.)

(Adopted October 1, 1998; Amended January 1, 2006; Amended January 1, 2010; Amended January 1, 2011; Amended July 1, 2013; Amended July 1, 2014; Amended July 1, 2017; Amended January 1, 2024, Rule 9.2.(A) renumbered 1.4(E) and Subds (B) and (C) renumbered (A) and (B) July 1, 2024)

9.3 PROCEDURES, FILING AND FEES

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A. Procedural rules.

General rules applicable to appellate division proceedings are set forth in the California Rules of Court, rule 8.800 et seq.

B. Filing notices, petitions, motions and applications.

Parties shall file all notices, petitions, motions and applications regarding matters within the appellate division’s jurisdiction at the Salinas courthouse.

Parties shall address all petitions, motions and applications to the presiding appellate judge.

C. Filing fee in criminal cases.

No filing fees are required for filing a notice of appeal in a criminal case.

No fee is required in a criminal case for filing a writ petition in the appellate division, although such a proceeding is civil in nature for some purposes. (Bravo v Cabell (1974) 11 Cal.3d 834, 840; see California Code of Civil Procedure sections 22–23.)

D. Filing fee in civil cases.

The fee for filing a notice of appeal or a writ petition in a limited civil case is three hundred thirty dollars ($330) if the amount in controversy is more than ten thousand dollars ($10,000)

The fee for filing a notice of appeal or a writ petition in a limited civil case is two hundred five dollars ($205) where the amount in controversy is less than ten thousand dollars ($10,000). (Government Code section 70621.)

E. Fee waivers in civil cases.

At the time of filing a notice of appeal or a petition for extraordinary relief, a party must file the required fee or a request to waive court fees.

When filing a notice of appeal, a party is not required to submit a new application for waiver of court fees if the trial court previously issued a waiver, and the waiver remains in effect, that included all appellate fees. Otherwise, a party must submit a request for a fee waiver on the Request to Waive Court Fees (form FW-001).

To request a fee waiver in a writ proceeding, a party must submit a Request to Waive Court Fees (form FW-001). (California Rules of Court, rule 8.818.)

(Adopted July 1, 2017)

9.4 RECORD ON APPEAL

A. Record of written documents.

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The court elects to use the original trial court file in lieu of a clerk’s transcript. (California Rules of Court, rules 8.833, 8.863, 8.914.)

B. Statement on appeal.

The trial court judge shall not order the preparation of a transcript as the record of oral proceedings in lieu of correcting a proposed statement on appeal. (California Rules of Court, rules 8.837(d)(6)(B), 8.869(d)(6)(B), 8.916(d)(6)(B).)

C. Transcript costs in criminal cases.

An appellant may elect to use a reporter’s transcript or a transcript of the official electronic recording of the proceedings as the oral record on appeal. Transcripts are prepared at court cost where the appellant is the People, a defendant represented by appointed counsel in the trial court, or the trial court determines that the defendant is indigent and orders that the defendant receive the transcript without cost. All other appellants must remit payment after receiving a cost estimate from the court clerk before a transcript is prepared.

D. Transcripts in criminal appeals.

Before a transcript is prepared at court cost, the trial court shall hold a hearing and determine what portion of the oral record is required for meaningful consideration of the potential issues on appeal. (California Rules of Court, rule 8.865(b).)

California Rules of Court, rules 8.867 or 8.920, set forth the limited record normally necessary

when a party appeals a pre-trial ruling on a motion to suppress evidence under Penal Code section 1538.5, a demurrer, probation conditions, or any other appealable order other than a ruling on a new trial motion.

When appealing a final judgment of conviction, unless the trial court orders otherwise at the hearing or the parties file a stipulation, the oral record shall include the following:

1. The oral proceedings on the entry of any plea other than a not guilty plea;

2. The oral proceedings on any motion in limine;

3. The oral proceedings at trial, excluding voir dire examination of jurors and any opening
statement;

4. Any jury instructions given orally (misdemeanors only);

5. Any oral communication between the court and the jury or any individual juror
(misdemeanors only);

6. Any oral opinion of the court;

7. The oral proceedings on any motion for new trial;

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8. The oral proceedings at sentencing, granting or denying probation, or other dispositional
hearing;

a. If the appellant is the defendant, the reporter's transcript must also contain:

b. The oral proceedings on any defense motion denied in whole or in part except motions
for disqualification of a judge;

c. Any closing arguments; and

d. Any comment on the evidence by the court to the jury (misdemeanors only). (California
Rules of Court, rules 8.865, 8.866, 8.918, 8.919.)

(Adopted October 1, 1998; Amended January 1, 2006; Amended January 1, 2007; Amended January 1, 2010; Amended July 1, 2010; Amended January 1, 2011; Rule 9.03 renumbered to Rule 9.4 and amended July 1, 2017; Amended January 1, 2024)

9.5 BRIEFS

Any party filing an original brief must also submit three (3) copies.

(Amended January 1, 2007; Amended January 1, 2009; Amended January 1, 2010; Rule 9.04 renumbered to 9.05 and amended July 1, 2017)

9.6 ORAL ARGUMENT / HEARINGS

Appellate division hearings are set on the first Thursday of every month at 4:00 pm in Department 3 unless otherwise ordered.

Any party who has not returned the waiver form sent with the notice setting the date for the appellate hearing within the specified time frame is deemed to have waived oral argument.

Any party who is not present at calendar call is deemed to have waived oral argument unless the party has advised the clerk in advance of a delay.

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2010; Rule 9.05 renumbered to Rule 9.06 and amended July 1, 2017)

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Table of Contents

10.1 LAW AND MOTION ......................................................................................................................................... 2 10.2 SETTLEMENT CONFERENCES ..................................................................................................................... 5

10.3 CHILD AND SPOUSAL SUPPORT ................................................................................................................. 6 10.4 OFFICE OF FAMILY LAW FACILITATOR / SELF HELP CENTER ................................................................. 7 10.5 PARENT ORIENTATION ................................................................................................................................. 7 10.6 MEDIATION OF CHILD CUSTODY AND VISITATION DISPUTES ................................................................ 8 10.7 COURT-ORDERED FACT – BASED INQUIRY ............................................................................................. 16 10.8 COURT ORDERED PSYCHOLOGICAL EVALUATION, AND CUSTODY EVALUATION ............................ 17

10.9 PROFESSIONAL AND NON – PROFESSIONAL VISIT SUPERVISION ...................................................... 20

10.10 DEPARTMENT OF CHILD SUPPORT SERVICES ....................................................................................... 22 10.11 FAMILY CENTERED CASE RESOLUTION .................................................................................................. 22 10.12 EMANCIPATION OF MINORS ...................................................................................................................... 23 10.13 MISCELLANEOUS RULES ........................................................................................................................... 23

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10.1 LAW AND MOTION

A. Law and Motion Attorney and Self-Represented Calendars. There shall be a Law and Motion attorney-represented and self-represented calendar which shall be heard at the time and place set by the Court.

1. Family Law Trials and Special Hearings: All cases set by a Family Law Judge for special hearing or trial are hereby assigned to that judge for said special hearing or trial. If, in the discretion of the Presiding Judge, Supervising Civil Judge, or a judicial delegate, exigent circumstances in the case require a hearing or trial when a Family Law Judge is unavailable (e.g., because of pressing custody issues) the hearing or trial may be otherwise scheduled. In such event, a judge shall be assigned to hear such special hearing or trial and the parties shall be promptly notified of the assignment.

2. Meet and Confer: The moving party and the responding party, or their attorneys if represented, shall each contact the other and attempt to resolve the issues raised in the moving papers prior to the date set for hearing, unless to do so would violate a restraining order.

3. Continuances: The parties may, with good cause, stipulate once to a continuance for a reasonable amount of time. Any subsequent requests for continuances are subject to approval by the assigned Family Court Judge. All requests must be submitted at least a full 48 hours prior to the date of hearing. The request must indicate good cause for the continuance and state the position of the opposing party regarding the continuance as well as the requested date.

4. Matters filed in the Family Law Division are routinely assigned to judges and court commissioners. Except as provided in Code of Civil Procedure section 259(e) and Family Code section 4251(b), matters assigned to a court commissioner require that the parties stipulate to the commissioner hearing the matter. If a party refuses to stipulate to having a case heard by a commissioner, the commissioner may hear any temporary matter pursuant to Code of Civil Procedure section 259(e). A judge of the Superior Court will thereafter approve, reject, or modify the findings and conclusions of the commissioner. In the absence of the assigned judge or court commissioner, matters may be assigned to a judge pro tempore acting as a temporary judge. Failure to stipulate to a judge pro tempore will result in the matter being continued to the next available calendar date.

5. The Court may issue a tentative ruling in advance of the Family Law and Motion calendar, pursuant to Local Rule 7.9.

B. TIMELY FILING OF PAPERS

1. The timely filing of papers must conform to the Rules of Court and the Code of Civil Procedure. (California Rules of Court, rule 3.1300; Code of Civ. Pro., §§ 1005 & 1013; Fam. Code, § 242.)

2. Orders Shortening Time. Orders shortening time should not be requested unless there is a hardship or emergency requiring prompt action. All requests must be accompanied by a written declaration establishing good cause. Notice of the request must be given to

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opposing counsel, if any, within twenty-four (24) hours, except for good cause. A declaration must be submitted stating the fact of notice or good cause for its absence.

3. Responsive and Reply Documents. Responsive and reply documents must be filed and served as follows:

   a. Request for Orders without temporary orders attached must be filed at least nine (9) court days prior to the hearing for responsive declarations and at least five (5) court days prior to the hearing for reply documents.

   b. Request for Orders with temporary orders attached must be filed at least five (5) court days prior to the hearing for responsive declarations and at least two (2) court days prior to hearing for reply declarations.

   c. Orders shortening time will set forth the filing requirements for responsive and reply declarations.

At the time of the hearing, the court may refuse to consider responsive or reply documents which are not filed and served within the time frames specified in this rule.

C. EX-PARTE APPLICATIONS

The timely filing of papers must conform to the California Rules of Court and Code of Civil Procedure as referenced in the authority stated herein. (California Rules of Court, rules 5.151, 5.165, 5.167, 5.169; Code of Civil Procedure section 575.2.)

D. SPECIAL SETTINGS

All matters requiring more than ten (10) minutes must be specially set. Calendaring of specially set hearings shall be done by a family law bench officer. A request for a specially set

hearing must be calendared by a Request for Order or, if a matter is already set on the law and motion calendar, the request should be made at the time already scheduled for hearing. Advance notice should be given to the court that a specially set hearing will be requested by written declaration if possible. Requests for specially set hearings should not be made unless the matter is ready to be heard and should include a time estimate regarding the length of hearing requested. Continuances will not be granted except upon exceptional good cause.

E. USE OF DECLARATIONS

1. In all law and motion matters, declarations shall be submitted with pleadings. Testimony
shall also be received at hearing or trial unless the court makes a finding that there is good
cause to refuse to receive live testimony under Family Code section 217, as set forth in
the California Rules of Court, rule 5.113.

2. Evidence or Argument. Evidence or argument will be heard only on issues clearly raised
in timely filed pleadings.

3. Review Hearing Declarations/Supplemental Declarations.

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a. If a matter is set for a review hearing, a declaration describing the current status of the
matter shall be submitted by each party as set forth in the next paragraph. If no
declaration is filed, the matter may be dropped at the discretion of the court.

b. Declarations for review hearings must be filed and served no less than five (5) court
days prior to the date set for review hearing.

c. The court may decline to consider declarations or reply declarations which are not filed
and received within the time frame specified in this rule.

F. ATTORNEY FEES AND EXPERT WITNESS FEES

Orders for attorney fees, costs or expert witness fees by one party from the other will not be deferred until the time of trial except upon agreement or a showing of good cause. It is the policy of the court to support each party's right to be adequately represented pending trial. No temporary award of attorney fees or costs shall be made without a showing of need and ability to pay, and until sufficient proof of each party’s income has been filed with the court. (Family Code section 2030 et seq.; California Rules of Court, rule 5.427.)

G. REMOTE APPEARANCE IN FAMILY LAW ACTION

Remote appearances in all family law cases, including domestic violence restraining order cases, except Title IV-D child support proceedings, are governed by Local Rule 1.8.

H. ELECTRONICALLY STORED EVIDENCE IN FAMILY LAW PROCEEDINGS (INCLUDING DOMESTIC VIOLENCE PROCEEDINGS)

Evidence stored on removable storage devices, including but not limited to flash drives, memory sticks and compact discs, may not be filed with the court. Removable storage devices, however, when properly marked as exhibits, may be received and admitted into evidence during a hearing or trial if ordered by the court.

Any party wishing to offer into evidence an electronic sound or sound-and-video recording must comply with California Rules of Court, rule 2.1040. The party wishing to offer a recording must provide the equipment necessary to listen to and/or view the proposed evidence. Except as provided in Rule 2.1040, the party offering the recording into evidence must provide the opposing party with a copy of the recording and any required transcript prior to the hearing. See also Local

Rule 1.8(D).

(Adopted January 1, 2006; Amended January 1, 2007; Amended July 1, 2012; Amended July 1, 2017; Amended July 1, 2020; Elisors – Repealed and Incorporated into Local Rule 1.6, Renumbered January 1, 2023; Amended July 1, 2023; Amended January 1, 2024, Subds. (A)1) and (A)(3) deleted (See Rule 1.4(F)), and amended July 1, 2024; Amended January 1, 2025 )

10.2 SETTLEMENT CONFERENCES

A. MANDATORY AND NON-MANDATORY

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All long cause (more than one (1) day in length) family law trials will be set for mandatory settlement conference by the court. Upon request of both parties and court order, short cause trials (one (1) day or less in length) may be set for settlement conference. With agreement of counsel and advance permission of the court, litigants and/or their attorneys may attend settlement conferences remotely pursuant to Local Rule 1.8. Arrangements shall be made at least five (5) court days in advance.

B. MEET AND CONFER

Counsel shall confer with opposing counsel, or opposing party if that party is unrepresented by counsel, no less than five (5) court days prior to the first date set for settlement conference. Counsel shall inform the court of all issues that can be determined by stipulation and those remaining for determination by the court in the settlement conference statement filed with the court. The settlement conference statement shall also state that the parties have complied with this rule. Non-compliance may result in the matter being dropped from calendar.

C. SETTLEMENT CONFERENCE STATEMENT

1. Service. Settlement conference statements shall be served and filed with the clerk of the
court no later than five (5) court days preceding the settlement conference hearing. Failure
to comply with this rule may result in an award of attorney fees or sanctions pursuant to
California Rules of Court, rule 2.30, and Code of Civil Procedure section 575.2.

2. Contents. The statement must set forth the following information as to the party filing, as
well as to the opposing party, to the extent known or contended:

a. Separate Property. List each item of separate property. If characterization of property
is uncontested, list only its current market value. If characterization of property is
contested, list the date it was acquired, the basis upon which it is claimed that it is
separate rather than community property, the current market value, the nature, extent
and terms of payment of any encumbrance against the property and the manner in
which title is presently vested.

b. Community Property. List each item of community property. If characterization of
property is uncontested, list only its current market value and the nature, extent, and
terms of payment of any encumbrance against the property. If characterization of
property is contested, list the date it was acquired, the basis upon which it is claimed
as community rather than separate property, the current market value, the nature,
extent, and terms of payment of any encumbrance against the property and the
manner in which title is presently vested.

c. Funds Held by Others. To the extent that either separate property or community
property consists of funds held by others, such as insurance policies, pensions, profit
sharing, or other trust funds, the statement shall fully identify the policy or fund, its
present cash value, and any terms or conditions imposed upon withdrawal of funds.

d. Tracing. If a segregation of community property and separate property interests in a
single asset is in issue, the statement shall set forth in detail, including dates, values,
and dollar amounts, the transactions which form the basis of the tracing.

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e. Current Obligations. Separately list all debts and obligations of the parties which constitute liabilities of the community and debts and obligations which are the separate liabilities of the respective parties. Specify the identity of the creditor, the date upon which the debt was incurred, the balance currently due, the terms of payment and the security, if any, held by the creditor.

f. Proposal for Settlement. Set forth a proposal for settlement, including proposals

regarding custody, visitation, division of the community property and liabilities, reimbursements, credits, payment of costs, and payment of attorney’s fees. In addition, specify each party’s contentions as to the amount and duration of child and spousal support. The purpose of this rule is to promote amicable settlement and thorough preparation of domestic relations matters. Full disclosure of all contested issues will aid the court in suggesting a fair settlement, ease tension between the parties and help to provide a more meaningful resolution. Counsel should confer prior to the time set for settlement conference or trial to identify issues which can be resolved by stipulation and those which must be decided by the court.

3. Declaration of Disclosure. A declaration regarding service of a preliminary declaration of disclosure shall be filed by each party verifying that there has been an exchange of information regarding assets, liabilities and income as required in Family Code sections 2100 – 2110.

4. Current Income and Expense Declaration. A current income and expense declaration shall be filed concurrently with the settlement conference statement. The parties’ last three (3) months earnings and deduction statements shall be attached. (California Rules of Court, rules 5.260(a)(3), 5.427(d)(1).)

5. Setting at the court’s discretion. The court may exercise its discretion to set settlement conferences, case management conferences, and trial setting conferences. In its discretion, the court may have a settlement conference heard as either a contested or uncontested matter.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2000; Amended July 1, 2001; Amended January 1, 2007; Amended July 1, 2012; Amended July 1, 2017; Amended January 1, 2024; Amended January 1, 2025)

10.3 CHILD AND SPOUSAL SUPPORT

A. CHILD SUPPORT

The amount of child support awarded will be determined according to the guidelines set forth in Family Code section 4050 et seq. The percentage of time each party spends with the child(ren) shall be calculated by counting the number of hours that the children spend with each party divided by the total hours for the time period in question.

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B. SPOUSAL SUPPORT

Temporary spousal support will ordinarily be determined in accordance with Santa Clara County’s Temporary Spousal Support Guidelines; the court may order non-guideline temporary spousal support upon a showing of good cause. The court may order a party to pay for the permanent support of the other party in an amount, and for a period of time, that the court determines just and reasonable, based upon the standard of living established during the marriage, taking into consideration the factors specified in Family Code section 4320.

C. FINANCIAL DECLARATIONS AND GUIDELINE SUPPORT CALCULATIONS

Income and expense declarations (FL-150) must be filled out completely by both parties. The last three (3) months earnings and deduction statements shall be attached to each party’s initial filing of their pleadings. In addition, no later than five (5) court days prior to the hearing to determine support, a computer support printout from one of the guideline support calculators certified by the Judicial Council (available at: https://www.courts.ca.gov/48702.htm) must be filed by both moving and responding parties when child support or temporary spousal or partner support is at issue (but not permanent spousal or partner support). The court may waive the requirement of a computer support printout upon a showing of good cause. A current income and expense declaration must be on file any time there is a request for a monetary award from the other party. (Family Code section 3830, California Rules of Court, rules 5.92, 5.260, 5.275, 5.427.)

D. DEPARTMENT OF CHILD SUPPORT SERVICES

All cases in which the Department of Child Support Services is involved in establishing or enforcing child support shall be set on the Department of Child Support Services Calendar when appropriate.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2000; Amended July 1, 2003; Amended January 1, 2008; Retitled subd. C July 1, 2012; Amended July 1, 2013; Amended July 1, 2017; Amended January 1, 2024; Amended January 1, 2025)

10.4 OFFICE OF FAMILY LAW FACILITATOR / SELF HELP CENTER

The family law facilitator / Self Help Center manager shall perform the duties listed in Family Code section 10004, and may perform any and all of the duties listed in Family Code section 10005 as directed by the court.

(Adopted October 1, 1998; Amended July 1, 2000; Amended July 1, 2017)

10.5 PARENT ORIENTATION

A. The Court shall provide access to an orientation or parent education, pursuant to California Rules of Court, rule 5.210(d)(1)(B) that facilitates the parties’ informed and self-determined decision making about:

1. The types of disputed issues generally discussed in mediation and the range of possible
outcomes from the mediation process;

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2. The mediation process, including the mediator’s role; the circumstances that may lead the mediator to make a particular recommendation to the court; limitations on the confidentiality of the process; and access to information communicated by the parties or included in the mediation file;

3. How to make best use of information drawn from current research and professional experience to facilitate the mediation process, parties’ communication, and co-parenting relationship; and

4. How to address each child’s current and future developmental needs.

B. Parties shall complete the orientation program prior to their first Family Court Services Mediation or Child Custody Recommending Counseling session, and repeat the program at the Court’s discretion, pursuant to California Rule of Court 5.210(e)(2).

(Adopted July 1, 1999; Co-parenting workshop - Repealed July 1, 2012, Amended January 1, 2022)

10.6 MEDIATION OF CHILD CUSTODY AND VISITATION DISPUTES

A. PREAMBLE

Mediation of child custody and visitation is a program administered by the Office of Family Court Services.

Mediation is provided for certain proceedings involving the custody and visitation of a minor. These proceedings include: 1) Dissolution and Legal Separation (Family Code section 3170), 2) Stepparent Visitation (Family Code sections 3171, 3172, 3185); 3) Grandparent Visitation (Family Code sections 3171, 3176, 3185); 4) Domestic Violence (Family Code sections 3170, 3181, 3182); 5) Paternity (Family Code sections 3172, 7600 et seq.); 6) Child Support Enforcement (Family Code section 17404); 7) Termination of Parental Rights (Family Code section 7660); and 8) Guardianships (Probate Code section 1500 et seq.).

B. TYPES OF MEDIATION

The court offers “Mediation” (confidential mediation) and “Child Custody Recommending Counseling” (recommending mediation). The following sections set forth the general and special rules applicable to Mediation and Child Custody Recommending Counseling. Mediation and Child Custody Recommending Counseling shall follow California Rule of Court 5.210 for court- connected child custody mediation.

C. MANDATORY MEDIATION

Family Code sections 3170 and 3175 require that when it appears on the face of a petition or application or other pleading for an order or modification of an order that custody, temporary custody, or visitation rights are contested, the matter must be set for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of mediation is the reduction of acrimony which may exist between the parties, the development of an

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agreement assuring the child’s close and continuing contact with both parents, and to settle visitation issues for all parties to promote the best interests of the minor (Family Code section 3161).

D. COST OF MEDIATION

There is no direct cost to either party for the use of the Family Court Services’ Mediation Program. The program is paid for by a portion of the filing fee for dissolution actions and a portion of the cost of a marriage license. The parties are free to retain a mediator of their own choice who is not employed or contracted by the court and encouraged to attempt to resolve the dispute without court intervention. Mediation services provided by the court are limited and should be used only when there is an actual dispute that cannot be resolved by the parties themselves or with the assistance of their lawyers. The court will not pay for the services of an independent mediator or family counselor unless such services are provided through the court. Failure to reschedule or cancel timely as stated in Local rule 10.6(E) may result in the imposition of a monetary sanction.

E. GENERAL RULES

1. Availability of Mediation or Child Custody Recommending Counseling: Mediation
services are only available where there is a case filed with the court. If there is no pending
action (dissolution, paternity, visitation, guardianship, etc.), no mediation will be
scheduled.

In any case in which custody, temporary custody, or visitation is contested, the matter
must be referred for mediation. There will be no final judicial determination of any
contested custody or visitation issue until mediation has been completed.

2. How to Schedule a Mediation or Child Custody Recommending Counseling
Appointment: Appointments can be made by contacting the Family Court Services Office
either by phone, e-mail, or in person, at the following location:

Family Court Services Office
1200 Aguajito Rd., Room 303
Monterey, CA 93940
(831) 647-5891
fcs@monterey.courts.ca.gov

To schedule mediation, the following information must be provided:

a. The case number and case name and the case number of any related cases (such as
child support or domestic violence actions);

b. Information concerning a current domestic violence restraining order, criminal
protective order or any allegations of domestic violence between the parties;

c. The parties’ names, their current mailing address, e-mail address and daytime
telephone numbers;

d. The name of a party’s attorney if there is one; and

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e. Any information that would affect scheduling, such as parties coming from out of town, or the need for an interpreter.

3. Rescheduling: Rescheduling of a mediation appointment is discouraged. However, if there is a compelling reason, an appointment may be rescheduled if the parties contact the Family Court Services Office at least five (5) calendar days before the appointment date and rescheduling will not result in a hearing date being continued.

4. Cancellation: If the parties wish to cancel a mediation appointment because the dispute has been settled or if both sides agree to cancel the mediation for good reason, at least five (5) calendar days’ notice must be given to the mediation service to avoid the possibility of sanctions.

5. Intake Forms: The parties shall complete and submit intake forms to the Family Court Services office prior to their first Family Court Services session and prior to any subsequent session in which their information has substantially changed.

6. Review of Records: The mediators shall review the court's file in the case and the parties’ Intake Forms, as available, prior to mediation to familiarize themselves with existing or temporary orders regarding custody and visitation. If there are other written agreements relating to custody or visitation which are not in the court file and which would assist the mediator, for example orders from another jurisdiction, copies should be delivered to the Family Court Services Office prior to the first session.

7. Mediation Where a Request for Order is Pending: If mediation has not been completed nor an agreement reached prior to the date set for hearing or trial of the issue, the court may refer the case for mediation at the hearing. The court may make temporary custody or visitation orders, or continue existing orders pending completion of mediation. All temporary orders pending mediation are without prejudice and should not be cited as a basis for permanent orders. Before arranging mediation, the parties or their attorneys should have discussed custody and visitation issues, or made reasonable attempts to do so, and concluded that the issues cannot be resolved by the parties themselves.

8. In-Court Intervention: The court may ask the mediator to see the parties at the time of hearing (or within 48 hours if orders are requested ex parte) to negotiate temporary orders until mediation can be scheduled to resolve any dispute related to permanent custody and visitation orders. This intervention is not confidential, and the Mediator will report verbally and/or in writing the outcome of the session to the Judicial Officer immediately following In-Court Intervention. Attorneys and parties are urged to arrange for mediation sufficiently in advance of the hearing to allow it to be completed prior to the date of the hearing.

9. Remote Appearance: Family Court Services will attempt to accommodate parties who are coming from out of the area if given sufficient advance notice. If a case requires mediation and one of the parties resides more than a 40-minute commute from the Monterey Courthouse, mediation by phone or remote technology may be requested. In exceptional circumstances remote technology or telephone mediation may be scheduled

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at the discretion of the mediator or staff of Family Court Services, or upon court order.

Remote appearance may be required for cases involving domestic violence.

10. Ex Parte Communication: In child custody proceedings, Family Code section 216 recognizes specific circumstances in which ex parte communication is permitted between court-connected or court-appointed child custody mediators or evaluators and the attorney for any party, the court-appointed counsel for a child, or the court. Before and after a Mediation or Child Custody Recommending Counseling appointment, the Mediator or Recommending Counselor may not discuss the case with the parties, nor hold the session when only one party is present, unless, at their discretion, the parties must be separated or if the session was ordered to be separate.

    a. “Communication” includes any verbal statement made in person, by telephone, by voicemail, or by videoconferencing; any written statement, illustration, photograph, or other tangible item, contained in a letter, document, email, or fax; or other equivalent means, either directly or through third parties.

    b. “Ex parte communication” is a direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter.

    c. A “court-connected mediator or evaluator” is a superior court employee or a person under contract with a superior court who conducts child custody evaluations or mediations.

    In any child custody proceeding under the Family Code, ex parte communication is prohibited between court-connected or court-appointed mediators or evaluators and the attorney for any party, a court-appointed counsel for a child, or the court, except as provided by California Rule of Court 5.235.

11. Setting a Voluntary Appointment: Depending on available resources, voluntary mediation sessions are permitted. It is not necessary that hearings for custody or visitation be set in order to schedule a case for voluntary mediation. If no hearing is set, there must be an actual dispute, the parties must have attempted to resolve the dispute themselves, and there must be an express agreement of both parties to mediate. Even though no hearing is pending, there must be a petition or complaint filed with the court. (This section does not apply to Child Custody Recommending Counseling, which is only available by court order.) If services are available, parents may attend voluntarily mediation once every twelve (12) months from their previous Family Court Services appointment without a court order or hearing set.

12. Resolution of Other Issues Pending Mediation of Child Custody and Visitation Disputes: The court may make orders on issues such as spousal support and child support pending the completion of mediation. Orders for temporary child support will generally be based upon the custody and visitation arrangement at the time of the hearing. Such orders will be made without prejudice to the rights of either party with respect to the issues of custody and visitation.

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13. Availability of Mediation in Child Support Actions: Child custody and visitation mediation services will be provided in child support actions when both parents are parties to the action.

14. Language Services: In the event one or both of the parties needs services in a language other than English, Family Court Services will attempt to provide a mediator or interpreter to conduct the mediation in the spoken language of both participants. Family Court Services will schedule the interpreter. Sufficient advance notice (seven (7) days) must be provided to allow time to locate an interpreter.

15. Request for Change of Mediator or Child Custody Recommending Counselor: In the event there is a request by a participant in mediation for a change of mediator or a concern regarding a problem relating to the mediation process, the participant shall notify the Family Court Services clerk of the request to change of mediator or recommending counselor. The request may or may not be granted after examination of the circumstances.

16. Status Report: Following the conclusion of each scheduled Mediation or Child Custody Recommending Counseling session, the Mediator/Recommending Counselor shall prepare a Status Report indicating the result of the session. If the dispute between the parties is not resolved in mediation, the mediator will report to the court that no agreement has been reached. The mediator may recommend to the court that an investigation be ordered or psychological evaluation be obtained, that the parties be referred to Child Custody Recommending Counseling, that the child provide input to the court, that the children and/or parents attend counseling or classes, or that the parties receive services on the day of their court hearing. The mediator may note that a report to County Child Protective Services has been made. Further, the mediator may recommend that restraining orders be issued to protect the well-being of the child(ren). If a partial agreement is reached in mediation the mediator will indicate the issues that are unresolved without providing details of the reasons. The mediator will not advise the court of the reasons why mediation was not successful unless the reason is that one or both of the parties: a) would not cooperate in the process; b) did not come to the appointments; or c) there is an allegation of abuse which was reported. Family Court Services shall provide the parties and their attorneys of record with a copy of the Status Report by hand delivery, mail, or email following the conclusion of the session. Status Reports shall be deemed official information within the meaning of Evidence Code section 1040.

17. Recommendation for Appointment of Counsel for Child: The mediator or child custody recommending counselor may recommend that counsel be appointed to represent any minor child(ren) when it appears that the best interests of the minor child requires independent counsel (Family Code section 3184). The reason for the recommendation of the mediator or the child custody recommending counselor shall be stated in general terms and shall not be binding on the court. It shall only be considered insofar as it alerts the court to the need to consider the appointment of counsel. Neither the mediator nor the child custody recommending counselor shall be called as a witness regarding the specific factual basis for the recommendation.

18. Extended or Ongoing Family Counseling: In certain cases, the mediator may recommend to the parties extended or ongoing family counseling. If the parties agree, provision for such counseling may be incorporated into the mediation agreement when the

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child needs such counseling, or the parties need extended or ongoing counseling in order to resolve the conflicts in their relationship which give rise to their disputes concerning child custody and visitation. Such extended counseling services will not be provided by

Family Court Services or at court expense. The mediator may recommend one or more persons or agencies which the parties might contact to obtain counseling.

19. Child or Dependent/Elder Adult Abuse or Threats of Harm: Penal Code section 11166 requires that the mediator immediately report all instances of suspected child abuse and/or neglect to a child protective agency or suspected Dependent/Elder Adult abuse to an adult protective agency. If the mediator suspects that a party is a serious threat of harm to themselves or another person, the mediator is required to report the information to law enforcement for the protection of the party in danger. The details of the suspected abuse or threat of harm shall remain confidential within the mediation session but may be included in the Recommending Counselor’s Child Custody Recommending Counseling Report. The parties will be advised at the beginning of the first mediation session of the reporting responsibility.

F. SPECIAL RULES

1. MEDIATION (CONFIDENTIAL)

   a. MEDIATION PROCEDURE

   The mediator's role is as a neutral party whose primary concern is the satisfactory resolution of the dispute between the parties concerning custody and visitation in a manner which is in the best interests of the child(ren). The mediator is a problem solver and an advocate for the best interests of the child, not an adversary or trier of fact. In Mediation, all communications between the parties and the mediator are confidential except: 1) information which legally must be reported (e.g. someone in the dispute is a danger to self or others); or 2) that a minor child, dependent, or elder adult may have been abused or neglected. Confidentiality of mediation proceedings facilitates communications between the parties and the mediator without fear that such communications will be used in subsequent judicial proceedings. Mediator’s files are considered confidential and not available to the parties or their attorneys by subpoena or otherwise. The mediator may not be called as a witness in a subsequent hearing, nor may the mediation service records be subpoenaed.

   b. CONFIDENTIALITY OF MEDIATION

i. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery. Disclosure of the evidence shall not be compelled in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

ii. No writing, as defined in Evidence Code section 250, that is prepared for the
purpose of, in the course of, or pursuant to, a mediation or a mediation
consultation, is admissible or subject to discovery. Disclosure of the writing shall
not be compelled, in any arbitration, administrative adjudication, civil action, or

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other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

iii. All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.

c. THE MEDIATION AGREEMENT

i. GENERAL

If the parties reach a parenting agreement as a result of mediation, their agreement
will be written by the mediator immediately. The parties will be asked to review and
sign the written version of the parenting agreement. Each party will receive a copy
of the signed written parenting agreement before leaving the courthouse or via e-
mail when appearing remotely, with a copy forwarded to their counsel of record, if
represented by counsel.

If an agreement is reached, a ten (10) day rescission period is given to permit
parties an opportunity to consider the parenting plan and consult with an attorney
regarding the agreement. If, during the ten (10) calendar days following the
mediation agreement date, either party wishes to rescind (cancel) the agreement,
they must do so in writing.

A written request to rescind (cancel) the entire Parenting Agreement is submitted
by sending the Family Court Services office and the other party a signed, written
request to rescind the Parenting Agreement on or before 4:00pm on the date
that is ten (10) calendar days after the date of the mediation. Sending the request
to Family Court Services must be done in one of the following ways:

Personally take it to the Family Court Services office;
Fax it to 831-647-5899; or
Email it to fcs@monterey.courts.ca.gov

IMPORTANT: For the Request to Rescind to be correctly submitted, the party must
include the case number and the names of the Petitioner and Respondent on their
signed, written request. The party may use a Request to Rescind form, available
from Family Court Services. Any agreement which has been rescinded may not be
presented to the court at any subsequent hearing.

If a notice of rescission is not received within ten (10) calendar days of the date of
the agreement, the agreement will be submitted to a judge for signature, at which
point the agreement becomes a court order. Signed and file stamped copies of the
agreement will then be sent to the parties at their address of record.

The agreement can be filed and made a court order before the expiration of the
ten (10) day period either: a) by written stipulation of all parties; or b) by oral
stipulation in open court on the record. The parties may use the Family Court
Services courtesy form, “Stipulation to Waive Ten-day Rescission Period” for this
purpose.

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The agreement will not create, modify or extinguish any obligation of support. If either party believes that the custody/visitation agreement necessitates a modification of support, a separate order must be sought.

The agreement will not modify, rescind, or preclude existing or future protective orders. Any such orders must be separately modified as necessary before this agreement may be implemented.

ii. PARTIAL AGREEMENTS

In the event some of the disputed issues are resolved and some are left

unresolved, the mediator will prepare an agreement covering the resolved issues. A status form appraising the court of the unresolved custody or visitation issues will also be filed. The ten (10) day rescission process described above applies to partial agreements.

iii. CONFIDENTIALITY OF AGREEMENT:

Agreements reached in mediation shall be deemed official information within the meaning of Evidence Code section 1040 until the expiration of the ten (10) day rescission period when the document shall be submitted for signature and become a court order. No part of the document may be submitted into evidence or shared with a person who is not party to the action (or attorney) until the agreement is made an order of the court.

iv. NO AGREEMENT

If the parties do not reach agreement, the mediation is reported to the court as one

in which no agreement has been reached and the parties are free to pursue

whatever legal remedies are available to them.

2. CHILD CUSTODY RECOMMENDING COUNSELING

   Child Custody Recommending Counseling may be scheduled only upon court order. Upon a finding of good cause, the court may direct the Child Custody Recommending Counselor to render a custody or visitation recommendation consistent with Family Code section

   3183. Copies of the Child Custody Recommending Counselor’s report to the court will be provided to the parties and counsel of record ten (10) days prior to the date of hearing on the review of the report.

   If an agreement has been reached between the parties regarding the issues of custody and visitation, the Child Custody Recommending Counselor will prepare and forward to the court and the parties and/or their counsel a written summary of such agreement.

   If there is no agreement or only partial agreement between the parties regarding issues of custody and/or visitation, the Child Custody Recommending Counselor will submit a recommendation to the court regarding custody and/or visitation with the minor child(ren) pursuant to Family Code section 3183. The Child Custody Recommending counselor’s

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recommendation shall state the factual basis for the recommendation, which may include matters communicated to the Child Custody Recommending Counselor by the parties or the minor child(ren). The court may consider the written recommendation of the Child Custody Recommending Counselor and the basis for that recommendation in determining the issues before the court at the time of hearing.

All Child Custody Recommending Counseling sessions will be held in private. All

communications from a party, a party’s attorney, the minor child, the child’s attorney and/or any collateral contacts or experts designated by any of the above individuals to the Child Custody Recommending Counselor shall be deemed official information within the meaning of Evidence Code section 1040.

3. DOMESTIC VIOLENCE SPECIAL RULES AND SEPARATE SESSIONS

   In any case in which a domestic violence order (CLETS) has been issued or a criminal protective order is in place against one of the parties, the mediation shall be set and conducted as Child Custody Recommending Counseling. It shall be set and conducted as separate mediation if ordered by the court or requested by the protected party.

   In cases where there has been a history of domestic violence, but no order has been issued, the mediation shall be conducted as separate mediation when requested by the party who has alleged under penalty of perjury that the violence has occurred.

The time and date of separate sessions are confidential and are not disclosed to the other party. The parties are cautioned not to inform the other party of the time and date set. The parties may be instructed to participate in the session via Remote Appearance. The Child Custody Recommending counselor shall render a written recommendation to the court regarding visitation and custody issues taking into consideration the parameters set by any restraining orders and the provisions of Family Code Section 3044.

The parties may be accompanied by a support person during any session conducted under domestic violence protocols (Family Code Section 6303). The mediator may exclude any support person from a mediation session who disrupts or attempts to participate in the process (Family Code Section 3182(b)).

Until the court adopts the Child Custody Recommending Counseling recommendation, the parties must follow any interim order regarding custody and visitation, unless modified or

terminated by court order.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2000; Amended July 1, 2003; Amended January 1, 2005; Amended July 1, 2005; Amended January 1, 2006; Amended July 1, 2007; Amended July 1, 2008; Rule 10.06.E.2 (a) – (f) re-lettered, amended January 1, 2009; Amended subd. C, D, E1 E2(f), E3, E4-5, E8, E10, F, F2, and F3 July 1, 2012; Amended July 1, 2016; Amended July 1, 2017, Amended January 1, 2022; Amended January 1, 2024; Amended January 1, 2025)

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10.7 COURT-ORDERED FACT-BASED INQUIRY

A court-ordered Fact-Based Inquiry refers to a neutral information gathering process designed to enable litigants to efficiently present information to the court on relevant issues. It is limited to information gathering only and does not provide the litigants or the court with an analysis, opinion or recommendation as to a child’s health, safety or welfare, or the best interests of a child.

Multiple examinations of the child by different examiners shall be avoided to the greatest degree possible.

A. APPOINTMENT OF LIAISON FOR FACT BASED INQUIRY

In any case in which custody or visitation is in dispute, with the parties’ stipulation, the court may appoint a family court liaison to gather information necessary to resolve the dispute.

When a Fact-Based Inquiry through Family Court Services is ordered, each party shall complete a written questionnaire within seven (7) days or as otherwise directed by the judicial officer. The fee must be paid in full or a payment plan ordered by the court. Each party shall inform the liaison officer within 72 hours of any change of address or telephone number occurring during the pendency of a Fact-Based Inquiry.

The court may appoint a person the court has determined possesses the necessary qualifications.

B. COURT REPORT

The court order appointing the Family Court Liaison for a Fact-Based Inquiry shall state the purpose and scope of the Fact-Based Inquiry and the date the report shall be filed with the court. The report shall be in writing and shall be distributed to the court, all counsel, and to the parties prior to hearing. All written reports shall be distributed to the parties by Family Court Services.

C. ACCESS TO THE REPORT

Any written report from the Fact-Based Inquiry shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of the report or disclose the contents of the report, especially to any child. All communications from a party, a party’s attorney, the minor child, the child’s attorney and/or any collateral contacts or experts designated by any of the above individuals to the Family Court Liaison shall be deemed official information within the meaning of Evidence Code section 1040.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2000; Amended January 1, 2001; Amended January 1, 2005; Amended July 1, 2005; Amended January 1, 2006; Amended January 1, 2007; Amended July 1, 2017; Amended 10.07, subd. A and repealed subd. (I)–(J) July 1, 2012, Amended July 1, 2015; Amended July 1, 2017, Amended and Renumbered – subd. (B)

• (E), and (H) repealed and renumbered as Rule 10.7 January 2022; Amended January 1, 2024)

10.8 COURT ORDERED PSYCHOLOGICAL EVALUATION, AND CUSTODY EVALUATION

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A psychological evaluation refers to an evaluation prepared by a psychologist or psychiatrist, under Family Code sections 3110-3118 and California Rules of Court, rules 5.220-5.230. A custody evaluation refers to an evaluation prepared by a Child and Family Counselor or similar licensed therapist or counselor, under Family Code sections 3110-3118 and California Rules of Court, rules 5.220-5.230.

A. APPOINTMENT OF PSYCHOLOGICAL EVALUATOR OR CUSTODY EVALUATOR

In any case in which custody or visitation is in dispute, the court may appoint a psychological evaluator or custody evaluator and order that an evaluation be conducted if, in the opinion of the court there is a need for such service.

An “Order Appointing Child Custody Evaluator” (Judicial Council form FL-327) must be used for orders appointing a custody evaluator, and the court or parties may also attach Monterey County Local Court form CI-151 “Supplement to Order Appointing Child Custody Evaluator.”

When an evaluation is ordered, and an evaluator appointed, each party shall contact the evaluator within seven (7) days or as otherwise directed by the judge. The court may appoint a person the court has determined possesses the necessary qualifications.

When an evaluation is ordered, and before appointment as a court-appointed evaluator, the proposed evaluator shall, upon request, provide to the attorneys for the parties, or to the parties if they are unrepresented, the following information:

a curriculum vitae; the names of at least three attorneys who have worked with the individual in connection with previous evaluations, or three mental health professionals who are familiar with the individual’s work; and provide proof of meeting the requirements of Family Code sections 3110-3118 and California Rules of Court sections 5.220-230 when applicable; payment for the evaluation shall be arranged directly with the evaluator.

B. QUALIFICATIONS OF CHILD CUSTODY EVALUATOR

All persons on the court’s list of qualified custody evaluators are required to meet the standards outlined in California Rules of Court 5.220-5.230. To ensure that these standards are met, evaluators are required to file a declaration regarding their qualifications as follows.

1. On the first year in which a child custody evaluator is placed on the referral list, the person must submit to Family Court Services their a curriculum vitae; the names of at least three attorneys who have worked with the individual in connection with previous evaluations, or three mental health professionals who are familiar with the individual’s work; proof of meeting the requirements of Family Code sections 3110-3118 and California Rules of Court sections 5.225-5.230; and proof of three evaluations in which they materially assisted a currently qualified evaluator.

2. Professional child custody evaluators are required to file Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) prior to being placed on the

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referral list and annually to remain on the referral list, to Family Court Services by December 20th each year for the upcoming year.

3. Professional child custody evaluators are required to file form FL-326 Declaration of Private Child Custody Evaluator Regarding Qualifications, in each case, upon appointment and prior to beginning the custody evaluation process.

4. Professional child custody evaluators are required to file form FL-328 with the custody evaluation upon completion.

5. Filed forms FL-326, and FL-328, as well as all correlating qualifying documents submitted by professional child custody evaluators shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties.

C. CHALLENGES TO COURT-APPOINTED EVALUATOR

No peremptory challenge of a court-appointed evaluator shall be allowed.

D. WITHDRAWAL BY COURT-APPOINTED EVALUATOR

A court-appointed evaluator may seek to withdraw from a case. Such request shall be made as soon as possible after the evaluator is aware of a conflict or other reason that should cause the evaluator to seek to withdraw.

E. EX PARTE CONTACT PROHIBITED

No party or attorney for a party shall initiate contact with a court-appointed evaluator, orally or in writing, to discuss the merits of the case without giving the other party notice and an opportunity to be present or to receive a copy of a written communication. Nothing in this rule shall prohibit the court-appointed evaluator from contacting either party or attorney. (California Rules of Court, rule 5.235.)

F. CONTACT BETWEEN COURT-APPOINTED EVALUATOR AND MINOR CHILDREN

Multiple examinations of the child by different examiners shall be avoided to the greatest

degree possible. The Court relies on the judgment of the evaluator and other persons appointed, as a part of the evaluation, in making decisions as to whether children will be interviewed, under what circumstances children will be interviewed, and in justifying such decisions in a particular case. Except in extraordinary circumstances, including the potential for danger to the child, children will be informed that the information provided by the child will not be confidential. During the initial meeting, if any, the evaluator shall provide the child with an age-appropriate explanation of the evaluation process. A child seen by the evaluator with one parent will also be seen with the other parent. At the discretion of the evaluator, interviews with siblings may be separate. Unless ordered by the court, an evaluation shall not be based on an interview with only one parent.

G. COURT REPORT

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The court order appointing the evaluator shall state the purpose and scope of the evaluation and the date the report shall be filed with the court. The report shall be in writing and shall be distributed to the court, all counsel, and to the parties if they are unrepresented ten (10) calendar days prior to hearing. All written reports and recommendations of the court-appointed evaluator shall be conducted in accordance with and served upon the parties or attorneys consistent with the provisions of Family Code section 3111 and California Rules of Court, rule 5.220.

H. ACCESS TO THE REPORT

Any written report or recommendation from the court-appointed evaluator or the person appointed by the court to render a report as a part of the evaluation shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of the report or disclose the contents of the report, especially to any child.

I. GRIEVANCES:

1. The Child Custody Evaluator may be disqualified on any of the grounds applicable to the
removal of a judge, commissioner, referee or arbitrator.

2. Neither party may initiate court proceedings for the removal of the Child Custody Evaluator
or bring to the court’s attention any grievances regarding the performance or actions of
the Child Custody Evaluator without meeting and conferring with the Child Custody
Evaluator in an effort to resolve the grievance. Participation in an alternative dispute
resolution process such as arbitration to resolve grievances may be offered.

3. Neither parent shall complain to the Evaluator’s professional licensing board without first
meeting and conferring with the Child Custody Evaluator in an effort to resolve the
grievance. In the event no resolution is reached, the parents and Child Custody Evaluator
shall attend at least one session of mediation or other alternate dispute resolution process
prior to any action being undertaken.

4. The court shall reserve jurisdiction to determine if either or both parents and/or the Child
Custody Evaluator shall ultimately be responsible for any portion of the Child Custody
Evaluator’s time and costs spent in responding to any grievance and the Child Custody
Evaluator’s attorney's fees, if any.

5. If either party or the Child Custody Evaluator believes that there exists a grievance
between them that cannot be resolved, either party or the Child Custody Evaluator can
move the court for relief from this stipulation, after complying with the requirements above.

(Adopted January 1, 2022, Amended January 1, 2023; Amended January 1, 2024)

10.9 PROFESSIONAL AND NON-PROFESSIONAL VISIT SUPERVISION

A. All persons supervising visitation are required to meet the standards outlined in California Rule of Court, rule 5.20, including appropriate background checks. To ensure that these

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standards are met, supervisors are required to file a declaration regarding their qualifications as follows.

1. Non-professional visitation supervisors are required to file the Declaration of Supervised Visitation Provider (Nonprofessional) (form FL-324(NP)) in the court file corresponding to the case for which the person is supervising visitation prior to serving as a visitation supervisor.

2. Professional visitation supervisors are required to file Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), annually to Family Court Services along with their proof of registration with TrustLine (trustline.org) and their qualifying required training hours to remain on the referral list, by December 20 th each year for the upcoming year.

3. Professional visitation supervisors are required to file Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), in each case prior to serving as a visitation supervisor for those parties. This form must also be refiled with any reports filed under California Rule of Court, rule 5.20(j)(3).

4. Filed forms FL-324(P) and FL-324(NP), as well as all correlating qualifying documents submitted by professional visitation supervisors shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties.

B. Visitation supervisors are encouraged to review the materials available at https://www.courts.ca.gov/cfcc-accesstovisitation.htm regarding the role and duties of a supervisor.

C. GRIEVANCES:

1. The Professional Visit Supervisor may be disqualified on any of the grounds applicable to the removal of a judge, commissioner, referee or arbitrator.

2. Neither party may initiate court proceedings for the removal of the Professional Visit Supervisor or bring to the court’s attention any grievances regarding the performance or actions of the Visit Supervisor without meeting and conferring with the Visit Supervisor in an effort to resolve the grievance. Participation in an alternative dispute resolution process such as arbitration to resolve grievances may be offered.

3. Neither parent shall bring court proceedings without first meeting and conferring with the Professional Visit Supervisor in an effort to resolve the grievance. In the event no resolution is reached, the parents and Professional Visit Supervisor shall attend at least one session of mediation or other alternate dispute resolution process prior to any action being undertaken.

4. The court shall reserve jurisdiction to determine if either or both parents and/or the Professional Visit Supervisor shall ultimately be responsible for any portion of the Professional Visit Supervisor’s time and costs spent in responding to any grievance and the Professional Visit Supervisor’s attorney’s fees, if any.

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5. If either party or the Professional Visit Supervisor believes that there exists a grievance
between them that cannot be resolved, either party or the Professional Visit Supervisor
can move the court for relief from this stipulation, after complying with the requirements
above.

(Adopted January 1, 2022, Amended January 1, 2023; Amended January 1, 2024)

10.10 DEPARTMENT OF CHILD SUPPORT SERVICES

A. APPEARANCES BY TELEPHONE

1. General Provisions

Requests for appearance by telephone and opposition to such requests shall be made in compliance with California Rules of Court, rule 5.324. Judicial Council form FL-679 must be used for requests. Judicial Council form MC-030 may be used for the declaration in opposition.

B. CHILD SUPPORT ORDER ATTACHMENTS

All orders for child support must have as attachments:

1. Notice of Rights and Responsibilities Health Care Costs and Reimbursement Procedures (Judicial Council form FL-192);

2. Information Sheet on Changing a Child Support Order (Judicial Council form FL-192, side 2);

3. A computer-generated support calculation (required in all cases where there is a child support order whether or not there is an agreement regarding support). If the parties do not agree upon a single calculation, each party may attach a computer-generated calculation.

4. Notice of Right and Responsibilities, Child Care Costs and Reimbursement Procedures if the order provides for payment of a percentage or ratio of childcare costs (FL-192).

(Adopted January 1, 2005; Amended January 1, 2007; Section 10.08(D) repealed January 1, 2010; Section 10.08(A-1), (A-3), (A-4) repealed, (A-2) renumbered July 1, 2010; Renumbered from 10.08C to 10.09 July 1, 2012, Renumbered January 1, 2022; Amended January 1, 2024)

10.11 FAMILY CENTERED CASE RESOLUTION

Parties seeking dissolution, nullity, legal separation, termination of domestic partnership, and establishment of paternity under the Uniform Parentage Act are subject to compliance with procedural milestones set forth in California Rules of Court, rule 5.83. Upon the initial filing, the clerk shall provide the Petitioner with a document packet containing Judicial Council form FL-107- INFO, Legal Steps for a Divorce or Legal Separation OR Local form CI-137, Legal Steps for Filing a Parentage Case and Local form CI-138, List of Local Resources. Subsequent to the filing of any

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of the actions listed above, court staff shall conduct a case status review twice, without hearing, approximately 6 months apart.

If a judgment has not been entered in the matter at the time of the first status review, a second review will occur approximately 6 months after the first review. Court staff will provide litigants with written notice detailing required actions and/or documents to be filed to bring the matter to final judgment/disposition. If the matter has not reached disposition at the time of the second review, the matter shall be set for a Case Resolution Conference hearing, before a judicial officer, approximately 6 months after the second review.

(Adopted July 1, 2013, Amended July 1, 2015; Amended and Renumbered January 1, 2022)

10.12 EMANCIPATION OF MINORS

A. PETITIONS

A petition to emancipate a minor other than a dependent or ward of the juvenile court must be filed and heard in the Family Law Department. (California Rules of Court, rule 5.605(c).)

B. SCREENING, EVALUATION AND INVESTIGATION OF PETITIONS AND NOTICE TO PARENTS OR GUARDIANS

1. In evaluating a petition for emancipation, in determining whether the minor is managing their own financial affairs, the court shall consider the following (Family Code § 7120, subd. (a)(3)):

   a. Any relevant documentation, including proposed or past recent budgets submitted by the minor and proof of income and expenses.

   b. Any statement by the minor or other interested party regarding the minor’s capability to manage their own financial affairs.

   c. Any investigation report prepared upon order of the court, for the purpose of gathering more information regarding the petition.

2. In evaluating whether notice must be given to parents, guardians, or other persons entitled to the custody of the minor, the court shall consider the best interests of the minor, including whether the minor has shown the parents to be adverse or harmful to the minor via neglect, abuse, or other improper actions. (Family Code § 7121, subd. (a).)

3. The court may order investigation of any matter relevant and reasonably related to the petition. Such investigation will be conducted by Family Court Services staff, or as otherwise ordered by the court. (California Rules of Court, rule 5.605(e), Evidence Code § 730.)

(Adopted January 1, 2023)

10.13 MISCELLANEOUS RULES

A. DUPLICATE FILING

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Copies of previously filed pleadings or declarations should not be attached as exhibits to subsequent documents. Reference to the previous documents is sufficient.

B. CONFIDENTIAL DOCUMENTS

This rule pertains to any documents that are attached to a pleading and filed with the court as confidential as required by law. This rule does not apply to records sealed or proposed to be sealed by court order pursuant to California Rules of Court, rule 2.550-2.551.

1. A “confidential” document is all or a portion of any document that, in court proceedings, is required by statute, rule of court, or other authority (except a court order under California Rules of Court, rules 2.550-2.551 or rule 8.46) to be closed to inspection by the public or a party. Such documents may include but are not limited to, Juvenile Court records, juvenile immigration status, records of adoption proceedings, records for voluntary or involuntary treatment of mental health disorders or developmental disabilities, social security numbers, financial account numbers, income tax returns, child custody evaluation reports, child custody investigations, and child custody recommending counselor reports.

2. Confidential documents must be filed separately from other documents in the case. Whether filed electronically or otherwise, it is the responsibility of the filing party to identify any documents that are required to be kept confidential by law, and to secure such documents when filed with the court. Documents that are mislabeled as confidential and are not confidential by statute, rule of court, or other authority shall not be filed as confidential. The court retains the discretion to accept, reject, or reclassify submitted documents that have been mislabeled as confidential.

3. The filing party must attach a cover sheet stating the case title, case number, and “CONFIDENTIAL [basis for confidential filing] – May Not Be Examined Without Court Order.” The basis must be a citation to, or other brief description of, the statute, state or local rule of court, appellate decision, or other legal authority that establishes that the document must be closed to inspection in the court proceeding. [See Local Form CI-153, which may be used for this purpose.] The cover sheet must be attached to the confidential documents when served on other parties in the case and when filed.

C. PLEADING FOR ADVERSE PARTY

The practice in domestic relations proceedings whereby the petitioner's attorney prepares a pleading for the respondent is not favored. Unless good cause is shown (e.g., military service, party out of state, etc.), no uncontested civil matter shall be heard on answer or response, unless such instruments are prepared by the answering party or the answering party’s counsel.

D. SANCTIONS

Failure to comply with these Local Rules may result in an award of attorney fees, costs, or other sanctions pursuant to Code of Civil Procedure section 575.2.

E. DISMISSAL OF FAMILY LAW CASE ON COURT’S OWN MOTION

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Absent good cause, a family law case may be dismissed, without prejudice, on the court’s own noticed motion when:

1. The case is dropped from the trial calendar because the parties have reconciled; and

2. No further action is taken in the case within one-hundred-eighty (180) calendar days from the date the case is dropped from the trial calendar.

F. COURT COMMUNICATION PROTOCOL FOR DOMESTIC VIOLENCE AND CHILD CUSTODY ORDERS

Court records shall be accessed as set forth in the following paragraph in order to determine if a Criminal Protective Order (CPO) exists involving the parties and affecting the custody or visitation of the children. Any Custody or Visitation Order (CVO) subsequently issued shall take into consideration the terms of any existing CPO and shall be drafted in a manner not inconsistent with the CPO.

The court records shall be accessed as follows:

1. Family Law, Probate and Juvenile: When there are allegations of domestic violence in the documents submitted to the court.

2. Civil Restraining Orders - Domestic Violence, Harassment, Elder Abuse and Workplace Violence: Prior to the issuance of a temporary restraining order and prior to the hearing on such order.

3. Mediation: Prior to every Mediation and any time there are allegations of domestic violence in the file.

The Domestic Violence court shall make reasonable efforts to determine if a custody or visitation order exists involving the defendant. The court issuing the CPO may permit visitation pursuant to any Family Law, Probate or Juvenile Court order so long as such visitation is determined by the court to be consistent with the safety of the victim[s].

When a CPO exists, any CVO that permits contact between the defendant and the children shall provide for the safe exchange of the children. The CVO shall also specify the time, day, place and manner of transfer of the child pursuant to Family Code section 3100 so as to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. The safety of the parties and their children shall be the court’s paramount concern.

This rule does not prevent a CVO from containing more restrictive terms than the CPO.

G. COMPLAINTS CONCERNING FAMILY COURT SERVICES PROFESSIONALS

Complaints regarding a Family Court Services Mediator, Recommending Counselor, Investigator, Evaluator, Liaison or Staff must be made in writing and addressed to the Court Executive Officer, Superior Court of California, County of Monterey, 240 Church Street, Salinas, CA 93901. The complainant may use the courtesy form entitled “Client Complaint Form,” available by contacting Family Court Services, for this purpose. The Court Executive Officer or designee will conduct an

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investigation and will respond to the written complaint within ninety (90) days. The complainant may appeal the response to the Presiding Judge. The Presiding Judge will rule on the appeal within ninety (90) days.

H. LIMITED LEGAL REPRESENTATION

If representation by an attorney is limited in scope, the Notice of Limited Scope Representation form (Judicial Council form FL-950) specifying the scope of the representation shall be filed with the court. All communications and notices relating to the limited purposes shall be made or sent to all attorneys of record, self-represented parties, and the Department of Child Support Services. When the task specified in the Notice of Limited Scope Representation has been completed, the attorney shall file a Substitution of Attorney-Civil (Judicial Council form MC-050) or proceed pursuant to California Rules of Court, rule 5.425.

I. NON–CLETS ORDERS

The court will not issue or approve a stipulation by the parties for a non-CLETS restraining order.

(Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2000; Amended July 1, 2001; Amended January 1, 2002; Amended January 1, 2004; Amended January 1, 2005; Amended January 1, 2007; Amended January 1, 2009; Amended January 1, 2010; Amended July 1, 2012; Amended July 1, 2013; Amended July 1, 2014; Amended July 1, 2015; Amended July 1, 2016, Renumbered January 1, 2023; Amended January 1, 2024; Amended July 1, 2025; Amended January 1, 2026)

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Table of Contents

11.1 ROLE OF PARENTING COORDINATOR ....................................................................................................... 2

11.2 SELECTION AND APPOINTMENT OF PARENTING COORDINATORS ....................................................... 2

11.3 POWERS AND SCOPE OF THE PARENTING COORDINATOR’S AUTHORITY .......................................... 5

11.4 PROCEDURE FOR IMPLEMENTING RECOMMENDATIONS ....................................................................... 7

11.5 COOPERATION AND COMMUNICATIONS ................................................................................................... 7

11.6 PARENTING COORDINATOR ROLE WHEN ISSUES ADDRESSED INTERRELATE WITH FINANCIAL OR PROPERTY ISSUES. ...................................................................................................................................... 8

11.7 IMMUNITY; TESTIMONY ................................................................................................................................ 8

11.8 FORMAT OF ORDER APPOINTING PARENTING COORDINATOR ............................................................. 9

ATTACHMENT (ORDER APPOINTING PARENTING COORDINATOR) .................................................................... 10

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11.1 ROLE OF PARENTING COORDINATOR

A Parenting Coordinator is a mental health professional, or family law attorney who specializes in helping high-conflict parents resolve disputes regarding their children. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, mediation, facilitated negotiation, and conflict and communication management. When parents are unable to resolve their parenting disputes with the Parenting Coordinator’s assistance, the Parenting Coordinator makes recommendations or decisions on issues that are specified in a stipulation and order. The ultimate goal is to help parents learn to resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process.

(Adopted effective October 1, 1998, Amended July 1, 2015)

11.2 SELECTION AND APPOINTMENT OF PARENTING COORDINATORS

A. TIMING

A Parenting Coordinator may be appointed at any time during a proceeding involving child custody or visitation issues, upon the stipulation of the parties and subject to the approval of the court.

B. PROCEDURE

1. Appointment

The parties may stipulate to appointment of a Parenting Coordinator, subject to consent of the individual selected, and subject to the court’s approval. The Parenting Coordinator’s role, powers, duties, term, and incidental matters should be set forth in a written stipulation and order. (See Attached Stipulation and Order Appointing Parenting Coordinator.)

2. Acceptance of Appointment

The proposed Parenting Coordinator shall have the right to accept or decline any appointment, with or without giving a stated reason. A person proposed as a Parenting Coordinator is required to decline appointment if they know of any bias or conflict of interest that would prevent them from acting fairly and impartially.

The Parenting Coordinator shall act pursuant to a written stipulation and order defining their role, duties, and fees. The form of the order shall be signed and approved by the Parenting Coordinator.

C. TERM OF APPOINTMENT

The Parenting Coordinator shall be appointed for a specified term or length of time, usually at least one (1) year and not more than three (3) years. This will give the Parenting Coordinator sufficient time to work with the family, while reinforcing the parents’ responsibility for their own lives and their children’s welfare.

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D. LEGAL AUTHORITY FOR APPOINTMENT

There is no specific legal authority for appointment of a Parenting Coordinator. For this reason, a Parenting Coordinator may only be appointed upon the stipulation of the parties.

Absent a stipulation for appointment of a Parenting Coordinator, the court does have authority to appoint a third party (not a Parenting Coordinator) under one or more of the following Code sections:

1. An expert witness under Evidence Code section 730;

2. A referee under Code of Civil Procedure section 638 et seq.;

3. An investigator or evaluator under Family Code section 3110 et seq.;

4. An arbitrator under Code of Civil Procedure section 1280; and

5. A mediator under Family Code sections 3160-3186.

E. QUALIFICATIONS

The parties and counsel are responsible for determining whether a proposed Parenting Coordinator is qualified for appointment. Upon request, a proposed Parenting Coordinator must provide the requestor with a resume or other documentation of their qualifications prior to the filing of a stipulation and order appointing a Parenting Coordinator.

For the benefit of the parties and counsel the following qualifications are recommended.

All Parenting Coordinators should have completed a training (twelve (12) hours or more) in

Parenting Coordination. In addition, Parenting Coordinators should meet the following professional standards at the time of appointment:

PSYCHOLOGISTS, PSYCHIATRISTS, MARRIAGE, FAMILY AND CHILD THERAPISTS, AND LICENSED CLINICAL SOCIAL WORKERS:

1. Valid current license to practice in the State of California.

2. Experience

a. Three (3) years post-license experience in child and family therapy, and high conflict
families, including provision of court ordered co-parenting counseling; and/or

b. Three (3) years’ experience in evaluations for family court and/or CPS and/or family
mediation practice; or

c. Three (3) years’ experience in court-based family mediation or assessment.

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3. Training

   a. Six (6) hours in child development and/or psychology of divorce and custody;

   b. Twenty-four (24) hours or more of mediation training.

4. Familiarity with ethical issues of custody disputes and adherence to the American Psychological Association Guidelines for Parenting Coordinators.

5. Working knowledge of custody law, with a minimum of six (6) cases working with attorneys and/or court appearances.

ATTORNEYS:

1. Valid current license to practice in the State of California.

2. Experience

   a. Five (5) out of the last five (5) years’ experience practicing family law;

   b. At least twenty (20) custody cases in which the attorney represented a parent or a child.

3. Training

   a. At least thirty (30) hours training in mediation;

   b. At least six (6) hours continuing legal education in custody law over the previous three (3) year period;

   c. The equivalent of completion of a course in child development (six (6) hours); and

   d. Familiarity with ethical issues and practices in providing Parenting Coordination services and the Association of Family and Conciliation Courts guidelines for Parenting Coordination.

F. FEES

A person appointed as a Parenting Coordinator is entitled to charge a reasonable fee commensurate with their experience and abilities and to request an appropriate retainer (subject to replenishment as it becomes diminished). The order appointing the Parenting Coordinator shall clearly specify the fee arrangement and each party’s responsibility for the fee, as determined by the court or by stipulation. The Parenting Coordinator shall also have the ability to recommend a reallocation of fees as a sanction for obstructive behavior; this power shall also be spelled out in the order.

G. WITHDRAWAL AND REMOVAL

Once appointed, the Parenting Coordinator shall have the right to withdraw upon written notice to

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the court and the parties, with or without a stated reason.

The Parenting Coordinator may be disqualified on any of the grounds applicable to the removal of a judge, referee or arbitrator, upon noticed motion by either party or the court, sua sponte, after notice to all parties and the Parenting Coordinator.

Neither party may initiate court proceedings for the removal of the Parenting Coordinator or to bring to the attention of the court or any other body any grievances regarding the performance or actions of the Parenting Coordinator without meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance.

(Adopted effective October 1, 1998, Amended July 1, 2015; Amended January 1, 2024)

11.3 POWERS AND SCOPE OF THE PARENTING COORDINATOR’S AUTHORITY

The Parenting Coordinator shall not make any recommendations that alter a custodial designation of joint, or sole, legal or physical custody established in a current order of the court, prohibit a party’s contact with their children, require or prohibit adherence to a religion, or which substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than two (2) twenty-four hour (24) periods in twenty-eight (28) days). These decisions and others relating to issues not included among those assigned to the Parenting Coordinator, as set forth in the stipulation and order, are reserved to the Monterey County Superior Court for adjudication. For those matters, a Parenting Coordinator’s authority is limited to recommending to the parents (without any recommendation as to the preferred outcome) that the court be requested to review and consider any such matter. A party who wishes a court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order in order for the matter to be reviewed and considered.

A. POWERS OF THE PARENTING COORDINATOR; FIRST LEVEL – AUTHORITY TO MAKE BINDING DECISIONS

The Parenting Coordinator shall have authority to make binding decisions, if the parties so stipulate, on matters relating to daily routines, management of services provided by third parties and minor alterations in the visitation schedule.

Subject to the stipulation of the parties, the Parenting Coordinator has the authority to make decisions regarding the issues set forth below and such decisions are effective as orders when made. The decisions will continue in effect unless modified or set aside by a court of competent jurisdiction. Parenting Coordinator decisions on these matters shall be communicated to parties and counsel in person, by telephone, mail, fax, email or email attachment and/or personal delivery, and will take effect immediately upon issuance.

1. Minor alterations in schedule that do not substantially alter a child’s time with either parent during a thirty (30) day period

2. Dates, times, designated person, location and method of pick-up and delivery

3. Sharing of parent vacations and holidays

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4. Responsibility for transportation of the child(ren) to accommodate time-sharing between the parents

5. Selection of childcare/daycare and babysitting providers

6. Childrearing disputes such as bedtime, diet, clothing, homework, and discipline

7. Participation in afterschool, enrichment, and athletic activities

8. Scheduling disputes arising from afterschool, enrichment, athletic, religious education and training and other activities

9. Health care management, such as scheduling appointments, and determining who attends appointments and responsibility for reporting the outcome of any appointments to the other parent

10. Participation of others in a parent’s designated time with the child(ren) (significant others, relatives, etc.)

11. In the case of infants and toddlers, increasing time share when developmentally appropriate

12. Right of first refusal for childcare responsibilities

13. Scheduling swaps of custodial time

14. Coordinate participation in court-ordered alcohol and drug monitoring or testing, including setting a process for selection of monitors or testers if the parents cannot agree

15. Other matters, subject to the stipulation of the parties and the approval of the court

B. POWERS OF THE PARENTING COORDINATOR; SECOND LEVEL – AUTHORITY TO MAKE RECOMMENDATIONS TO THE COURT

The Parenting Coordinator shall have authority to make recommendations on issues having a longer-term impact on the children’s best interests, short of changes in physical or legal custody or substantially limiting parents’ access to children.

The Parenting Coordinator has the authority to make recommendations on the issues set forth below. The recommendations shall be submitted to the court, which may approve them and enter them as court orders.

1. Alterations in schedule that do not increase or decrease a child’s time with either parent
by more than two (2) twenty-four (24) hour periods in twenty-eight (28) days

2. Coordinating church attendance and religious classes

3. Large changes in vacation and holiday timeshare

4. Supervision of a child’s contact with a parent

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5. Private or public school education

6. Appointment of counsel for a child

7. Recommending a child custody investigation, evaluation or re-evaluation, including setting a process for selection of a professional when the parents cannot agree

8. Recommending participation by parents and/or children in alcohol and drug evaluation, monitoring, and/or testing

9. Recommending participation by the parents and/or children in health services, including physical and psychological examinations, assessments, and psychotherapy, and including recommending a process for selection of providers

A Parenting Coordinator’s recommendation on these matters shall be filed with the court and served upon parties and counsel by mail, fax, or personal delivery. Either party shall have the right to request a written explanation from the Parenting Coordinator of any recommendation, which shall be provided within ten (10) calendar days to parties, counsel, and the court. The Parenting Coordinator recommendations shall be subject to adoption by the court as an order unless either party files and serves a motion objecting to entry of the order within twenty (20) calendar days of service of the recommendations.

(Adopted October 1, 1998; Amended July 1, 2015, Renumbered January 1, 2023; Amended January 1, 2024)

11.4 PROCEDURE FOR IMPLEMENTING RECOMMENDATIONS

A. The Parenting Coordinator’s decisions on first-level matters shall be communicated to parties/counsel orally and/or in writing, in person, by telephone, fax, email or email attachment, and/or mail, and take effect immediately.

B. The Parenting Coordinator’s recommendation on second-level matters shall be communicated in writing to the court/parties and counsel by mail, fax, or personal delivery. The Parenting Coordinator’s recommendations are subject to adoption by the court as an order after fifteen (15) days unless either party files and serves a motion objecting to entry of the order. Either party should have the right to request a written explanation of any recommendation, to be provided within twenty (20) calendar days, to the other party, counsel, and the court.

(Adopted October 1, 1998; Amended July 1, 2015)

11.5 COOPERATION AND COMMUNICATIONS

A. Both parents shall participate in the dispute resolution process as defined by the Parenting Coordinator and shall be present when so requested by the Parenting Coordinator. The Parenting Coordinator may conduct sessions that are informal in nature, by telephone or in person, and need not comply with the rules of evidence. No formal record need be made, except the Parenting Coordinator’s written decision and recommendations and the parents’ mutual agreements. The Parenting Coordinator shall have the authority to determine the protocol of all interviews and sessions including, in the case of meetings with the parents, the

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power to determine who attends such meetings, including individual and joint sessions with the parents. The Parenting Coordinator shall have the authority to communicate with the child(ren) and/or and other relevant third parties.

B. The parents shall provide all reasonable records, documentation, and information requested by the Parenting Coordinator.

C. The Parenting Coordinator may utilize consultants as necessary to assist the Parenting Coordinator in the performance of the duties.

D. The parents and their attorneys shall have the right to initiate or receive ex parte communication with the Parenting Coordinator under guidelines established by the Parenting Coordinator. Copies of all written communications to the Parenting Coordinator including emails are to be provided to the other party. The Parenting Coordinator may, in their sole discretion, initiate written communications with a parent or counsel that are not copied to the other party.

E. The Parenting Coordinator may communicate with the parties’ child or children outside the presence of the parents. The Parenting Coordinator may communicate with the therapists who are treating the parties’ child or children as well. The Parenting Coordinator may keep such communications confidential.

F. Except as to communications referred to in Local rule 11.5(E), the Parenting Coordinator process is not confidential. If the Parenting Coordinator is a licensed mental health professional, no therapist-patient relationship and/or privilege is created by the stipulation to use a Parenting Coordinator. If the Parenting Coordinator is a licensed attorney, no client- attorney relationship and/or privilege is created by the stipulation to use a Parenting Coordinator.

(Adopted October 1, 1998; Amended July 1, 2015; Amended January 1, 2024)

11.6 PARENTING COORDINATOR ROLE WHEN ISSUES ADDRESSED INTERRELATE WITH FINANCIAL OR PROPERTY ISSUES

If issues arise that are outside of the expertise of the Parenting Coordinator, particularly issues such as support, use or occupancy of property, management of assets and other financial issues, the Parenting Coordinator shall inform the parties and their attorneys that these issues are not within the scope of the Parenting Coordinator’s authority.

(Adopted October 1, 1998; Amended July 1, 2015)

11.7 IMMUNITY; TESTIMONY

The Parenting Coordinator is a court officer and has quasi-judicial immunity. The Parenting Coordinator cannot be sued based on their actions in this matter, so long as the Parenting Coordinator maintains neutrality and performs quasi-judicial functions. (See Howard v. Drapkin (1990) 222 Cal.App.3rd 843.) The Parenting Coordinator’s file may not be subpoenaed, and the Parenting Coordinator may not be compelled to testify.

(Adopted October 1, 1998; Amended July 1, 2015; Amended January 1, 2024)

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11.8 FORMAT OF ORDER APPOINTING PARENTING COORDINATOR

A proposed stipulation and order for use and adaptation as appropriate is included in these guidelines (See Attachment, Order Appointing Parenting Coordinator). The court and counsel may fashion individual orders for unique situations.

(Adopted October 1, 1998; Amended July 1, 2015)

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ATTACHMENT

ODER APPOINTING PARENTING COORDINATOR

SUPERIOR COURT OF CALIFORNIA County of Monterey

In Re the Marriage of: Case No.

Petitioner: STIPULATION AND ORDER RE and COORDINATOR

Respondent:

PRINCIPLES:

A. The parents acknowledge that their child(ren) will benefit from a meaningful relationship with both parents that continued parental conflict will generally negatively impact their child(ren)'s adjustment, and that every effort should be made to keep the child(ren) out of the middle of their parents' disputes and communications.

B. The parents agree voluntarily to enter into this Agreement because of a desire to: De-escalate parental conflict to which the child(ren) are exposed; Focus on their child(ren)'s needs and best interests; Promote their child(ren)'s optimum adjustment; Resolve issues and disputes between the parents concerning the clarification, implementation, modification and/or adaptation of the court-ordered parenting plan through the informal process described in this order in a timely and cost-efficient manner without litigation; and Benefit from the direction of a qualified professional chosen to serve as the Parenting Coordinator.

C. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, mediation, facilitated negotiation, and conflict and communication management. When parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, the Parenting Coordinator makes recommendations or decisions on issues that are specified in this Stipulation and Order. The ultimate goal is to help parents learn to resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process.

PURSUANT TO THE STIPULATION OF THE PARENTS hereinafter set forth, and good cause appearing therefor,

IT IS ORDERED, ADJUDGED AND DECREED THAT:

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A. APPOINTMENT:

1. is appointed Parenting Coordinator by agreement of the

parties until resignation of the Parenting Coordinator or written agreement of the parents, further court order, or months (normally not to exceed three (3) years) after the date on which this stipulated Order becomes effective, whichever first occurs.

2. This appointment is based upon the expertise of the Parenting Coordinator as a

licensed mental health professional or licensed attorney. However, the Parenting Coordinator process is not confidential. If the Parenting Coordinator is a licensed mental health professional, no therapist-patient relationship and/or privilege is created by this stipulation. If the Parenting Coordinator is a licensed attorney, no client-attorney relationship and/or privilege is created by this stipulation.

3. The Parenting Coordinator is a Court Officer and has quasi-judicial immunity.

The Parenting Coordinator cannot be sued based on their actions in this matter. The Parenting Coordinator's file may not be subpoenaed, and the Parenting Coordinator may not be compelled to testify.

4. The Parenting Coordinator may resign any time they determine the resignation

to be in the best interest of the child(ren) or the Parenting Coordinator is unable to serve out their term, upon thirty (30) days written notice to the parents.

B. AUTHORITY OF PARENTING COORDINATOR

5. The role of the Parenting Coordinator is to decide disputes relating to the

clarification and implementation of current court-ordered parenting plans. The Parenting Coordinator may also make decisions regarding the parenting matters listed below in Section C (Level One Authority), and the Parenting Coordinator may make recommendations, but not decisions, regarding the other parenting matters listed below in Section D (Level Two Authority).

6. If either party requests a decision or recommendation that would change a

provision set forth in an existing order re child related issues, the party requesting the change must demonstrate to the Parenting Coordinator that a change in the family’s situation has occurred which warrants changing the specific provision, including substantial child development issues, in an existing order.

7. The Parenting Coordinator may only make decisions or recommendations

resolving conflicts between the parents which do not affect the court's exclusive jurisdiction to determine fundamental issues of custody and time-share. Specifically, the Parenting Coordinator does not have authority to make any decisions or recommendations that alter a custodial designation of joint or, sole, legal or physical custody established in a current order of the court, prohibit a party’s contact with their children, or require or prohibit adherence to a religion or which substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than two twenty-four hour periods in twenty-eight (28) days). These decisions and others relating to issues not included among those assigned to the Parenting Coordinator, as set forth in the Stipulation and Order, are reserved to the Monterey County Superior Court for adjudication.

8. For the matters described in Section 7, the Parenting Coordinator’s authority is

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limited to recommending to the parents (without any recommendation as to the preferred outcome) that the court be requested to review and consider any such matter. A party who wishes a court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order for the matter to be reviewed and considered by the court.

C. AUTHORITY TO MAKE DECISIONS AND ORDERS (LEVEL ONE AUTHORITY)

9. Each party specifically agrees that the Parenting Coordinator may make

decisions regarding possible conflicts they may have on the following issues, and that such decisions are effective when made and will continue in effect unless modified or set aside by a court of competent jurisdiction:

Minor alterations in schedule that do not substantially alter a child’s time with
either parent during a thirty (30) day period

Dates, times, designated person, location and method of pick-up and delivery

Sharing of parent vacations and holidays

Responsibility for transportation to accommodate time-sharing between the
parents

Selection of childcare/daycare and babysitting providers

Childrearing disputes such as bedtime, diet, clothing, homework, and discipline

Participation in afterschool, enrichment, and athletic activities

Scheduling disputes arising from afterschool, enrichment, athletic,
religious education and training and other activities

Health care management, such as scheduling appointments, and determining
who attends appointments and who is responsible for reporting the outcome of
any appointments to the other parent

Participation of others in a parent’s time with the child(ren) (significant others,
relatives, etc.)

In the case of infants and toddlers, increasing time share when
developmentally appropriate

Right of first refusal for childcare responsibilities

Scheduling swaps of custodial time

Coordinate participation in court-ordered alcohol and drug monitoring or testing,
including setting a process for selection of monitors or testers if the parents
cannot agree

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Other matters, subject to the stipulation of the parties and the approval of the
court

(Note: the parents may exclude specified items from the above list by agreement
of the parents and Parenting Coordinator).

10. Decisions on the matters listed above are binding when communicated by

phone, voicemail, fax, email, including email attachments, or personal delivery. If communicated by phone or voicemail, a written communication will also be sent to the parents. At the request of either parent, a decision will be formalized by the Parenting Coordinator and submitted to the court to be entered as a court order. By signing this agreement, each parent acknowledges their understanding that the Parenting Coordinator's decisions on the issues listed above in paragraph 9 are binding on them. Such decisions are to be treated the same as final orders of the court, which may be reviewed by the state Court of Appeals.

D. AUTHORITY TO MAKE RECOMMENDATIONS TO THE COURT (LEVEL TWO AUTHORITY):

11. The Parenting Coordinator will have authority to make recommendations on

the following issues:

Alterations in schedule that do not increase or decrease a child’s time with
either parent by more than two (2) twenty-four (24) hour periods in twenty-
eight (28) days

Coordinating church attendance and religious classes

Large changes in vacation and holiday timeshare

Supervision of a child’s contact with a parent

Private or public school education

Appointment of counsel for a child

Recommending a child custody investigation, evaluation or re-evaluation,
including setting a process for selection of a professional when the parents
cannot agree

Recommending participation by parents and/or children in alcohol and drug
evaluation, monitoring, and/or testing

Recommending participation by the parents and/or children in health services,
including physical and psychological examinations, assessments, and
psychotherapy, and including recommending a process for selection of
providers

(Note: the parents may exclude specified items from the above list by agreement of

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the parents and Parenting Coordinator.)

12. Recommendation on these matters shall be served on the Court, parties and

counsel by mail, fax or personal delivery. Either party shall have the right to request a written explanation from the Parenting Coordinator of any recommendation, which shall be provided within ten (10) calendar days to parties, counsel and the court. The Parenting Coordinator recommendations shall be subject to adoption by the Court as an order unless either party files and serves a motion objecting to entry of the order within twenty (20) calendar days of service of the recommendations.

E. PROCEDURE:

13. Both parents shall participate in the dispute resolution process as defined by the

Parenting Coordinator and shall be present when so requested by the Parenting Coordinator. The Parenting Coordinator may conduct sessions which are informal in nature, by telephone or in person, and need not comply with the rules of evidence. No formal record need be made, except the Parenting Coordinator's written decision and recommendations and the parents' mutual agreements. The Parenting Coordinator shall have the authority to determine the protocol of all interviews and sessions including, in the case of meetings with the parents, the power to determine who attends such meetings, including individual and joint sessions with the parents and/or the child(ren) and other relevant third parties.

14. The parents shall provide all reasonable records, documentation, and

information requested by the Parenting Coordinator.

15. The Parenting Coordinator may utilize consultants as necessary to assist the

Parenting Coordinator in the performance of the duties contained herein.

F. COMMUNICATION WITH PARENTING COORDINATOR:

16. The parents and their attorneys shall have the right to initiate or receive ex parte

communication with the Parenting Coordinator under guidelines established by the Parenting Coordinator. Copies of all written communications to the Parenting Coordinator including emails are to be provided to the other party. The Parenting Coordinator may, in their sole discretion, initiate written communications with a parent or counsel that are not copied to the other party.

17. The Parenting Coordinator may communicate with the parties' child or children

outside the presence of the parents. The Parenting Coordinator may communicate with the therapists who are treating the parties' child or children, as well. The Parenting Coordinator may keep such communications confidential.

G. CHILD ABUSE REPORTING

18. The Duty to Report: The California Penal Code mandates that all child care

custodians and health care practitioners (Doctors, Marriage, Family and Child Counselors, Psychologists, Social Workers and others) report to child protective services information regarding child abuse that comes to the attention of the health care practitioner. The reporting requirement is an exception to the confidentiality privilege.

19. Immunity for Child Abuse Reporting: Health care practitioners who are required

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to report allegations of child abuse are immune from civil suits or liability for making their required reports. They cannot be sued for the report. Specific statutes provide for the immunity from civil suits.

20. Attorney Parenting Coordinator: The child abuse reporting statute does not apply

to attorneys because attorneys are not named in the statute as a class of persons who mandatorily must report a child abuse allegation. However, an attorney Parenting Coordinator has the discretion to report any such allegation and may make such a report.

21. False Allegations of Child Abuse: Family Code section 3027.1, subdivision (a),

provides for a monetary sanction and attorney fees for any knowingly false allegation of child abuse made during a child custody proceeding. This section does not apply to a Parenting Coordinator who reports an allegation received from a parent, child, or other third party, but does apply to the person making the allegation to the Parenting Coordinator if the court finds that the initial allegation was made knowing that it was untrue.

H. FEES AND ALLOCATION OF FEES:

22. The Parenting Coordinator's fees shall be shared according to the following

allocation: Petitioner %; Respondent %. The Parenting Coordinator will require an advance security deposit of $ from each party, to be returned to the parents at the end of the Parenting Coordinator tenure, less any balance owing by either party. The Parenting Coordinator may also require a retainer against which ongoing work is charged and which is to be replenished.

23. The Parenting Coordinator fees are $ per hour. Time spent in

interviewing, report preparation, review of records and correspondence, telephone conversations with the parents or others relevant to the parental disputes, travel, court preparation and any other time invested in connection with serving as Parenting Coordinator will also be billed at the $ hourly rate. The Parenting Coordinator fee for Court appearances and settlement conference is $ per hour while in Court and at the settlement conference and $ per hour travel time to and from their office. The Parenting Coordinator shall have the right to allocate payment of their fees at a percentage different from the above if they believe the need for their services is attributable to the conduct and/or intransigence of one party.

24. The Parenting Coordinator shall be reimbursed for any expenses incurred in

association with their role as Parenting Coordinator. These costs may include, but are not limited to, the following: photocopies, messenger service, long distance telephone charges, express and/or certified mail costs, parking, tolls, mileage, and other travel expenses.

25. The Parenting Coordinator may require payment at the end of each in-person session, and require payment within ten days of receipt of billing sent for all other services, as above and may require replenishment of the retainer. Any objection to the Parenting Coordinator bills must be brought to the Parenting Coordinator’s attention in written form within ten business days of the billing date; otherwise the billing shall be deemed agreed to. The Parenting Coordinator may cease to perform services for the parties if payment is not current.

    26. In the event that either party fails to provide twenty-four (24) hours telephone

    notice of cancellation of any appointment with the Parenting Coordinator, such party shall pay all of the Parenting Coordinator charges of such missed appointment at the full hourly rate, at

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the discretion of the Parenting Coordinator.

I. GRIEVANCES:

27. The Parenting Coordinator may be disqualified on any of the grounds applicable

to the removal of a judge, commissioner, referee or arbitrator.

28. Neither party may initiate court proceedings for the removal of the Parenting

Coordinator or to bring to the court's attention any grievances regarding the performance or actions of the Parenting Coordinator without meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance. Participation in an alternative dispute resolution process such as arbitration to resolve grievances may be required by the Parenting Coordinator prior to the Parenting Coordinator’s acceptance of this appointment.

29. Neither parent shall complain to the Coordinator's professional licensing board

without first meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance. In the event no resolution is reached, the parents and Parenting Coordinator shall attend at least one session of mediation or other alternate dispute resolution process prior to any action being undertaken.

30. The court shall reserve jurisdiction to determine if either or both parents and/or

the Parenting Coordinator shall ultimately be responsible for any portion of all of said Parenting Coordinator time and costs spent in responding to any grievance and the Parenting Coordinator's attorney's fees, if any.

31. If either party or the Parenting Coordinator believes that there exists a grievance

between them with respect to this stipulation that cannot be resolved, either party or the Parenting Coordinator can move the court for relief from this stipulation, after complying with paragraph thirty (30) above.

J. ENFORCEMENT:

32. The court reserves jurisdiction in the family law action to enforce the provisions

of this stipulation.

33. In the event that arbitration proceedings or a legal action become necessary to

enforce any provision of this order, the non-prevailing party shall pay attorney's fees and costs as may be incurred.

K. ADDITIONAL REPRESENTATIONS:

34. I have had an opportunity independently to consult with a lawyer of my choice

before entering into this stipulation. I have read this stipulation and understand it. I freely and voluntarily enter into this stipulation. Initials

35. I choose to use the Parenting Coordinator process as an alternate method of

dispute resolution to reduce future custody and visitation litigation. I waive the right to formal court litigation over the issues assigned to the Parenting Coordinator by this stipulation and order subject to the Court’s power to review the Parenting Coordinator’s decision.

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Initials

36. I understand that no California court can appoint a Parenting Coordinator

without the consent of the parents, and that no California statute or court rule authorizes the appointment of a Parenting Coordinator absent such consent. Initials

37. I understand that the Parenting Coordinator will resolve certain disputes

between the parties without a court hearing, and will issue some decisions that will be court orders automatically, and others that are recommendations for court orders. Initials

38. I understand that I cannot sue the Parenting Coordinator; that the Parenting

Coordinator process is a quasi-judicial process; i.e., that the Parenting Coordinator has immunity from lawsuits to the broadest extent permissible under the law. The procedures set forth in this stipulation and order for addressing grievances about the Parenting Coordinator decision-making process and decisions are the sole remedy for complaints about the Parenting Coordinator available to me. Initials

39. I understand that the Parenting Coordinator has made no warranties or

guarantees relating to their conclusions, findings, or orders. The Parenting Coordinator shall exercise independent judgment in making decisions. The fees and costs paid under this stipulation and order are not contingent on results or outcome. Initials

40. I agree that the executed copy of this Stipulation is a release allowing the

Parenting Coordinator to speak with mental health providers who are treating me and/or my children. I understand that by signing this stipulation that the mental health providers may share confidential information with the Parenting Coordinator. Initials

41. I have had the opportunity to investigate and consider the training and

experience of the Parenting Coordinator appointed in this stipulation, and I am satisfied that this person is qualified to serve as my Parenting Coordinator. Initials

DATED: DATED:

MOTHER FATHER

ATTORNEY FOR MOTHER ATTORNEY FOR FATHER

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I agree to serve as Parenting Coordinator in this case.

PARENTING COORDINATOR

FINDINGS AND ORDER

Based upon the stipulation of the parents (who have signed this stipulation and initialed this stipulation where indicated to document their agreement), the court finds that the parties have knowingly, intelligently, and voluntarily agreed to the terms of this stipulation, after having been advised to consult with independent counsel.

Upon reading the foregoing stipulation, and good cause appearing therefor, IT IS SO

ORDERED:

DATE: SUPERIOR COURT JUDGE

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CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION

Table of Contents

12.1 CONTESTED FAMILY LAW AND ADOPTION ............................................................................................... 2

12.2 AT-ISSUE MEMORANDUM ............................................................................................................................ 2

12.3 COUNTER AT-ISSUE MEMORANDUM ......................................................................................................... 2 12.4 SHORT CAUSE .............................................................................................................................................. 2 12.5 LONG CAUSE ................................................................................................................................................ 3 12.6 REPEALED ..................................................................................................................................................... 3 12.7 REPEALED ..................................................................................................................................................... 3

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CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION

12.1 CONTESTED FAMILY LAW AND ADOPTION

Contested Family Law will be set for settlement conference and setting of trial upon the filing of an At-Issue Memorandum, Local form CI-120. Adoption; nullity; civil and family default; prove up hearings will be set for hearing upon the filing of a Request to Set Hearing, Local form CI-133. The forms can be found in the forms section of the court’s website.

(Adopted October 1, 1998; Amended January 1, 2011; Amended July 1, 2015; Amended July 1, 2017)

12.2 AT – ISSUE MEMORANDUM

The setting of family law cases for trial shall be in accordance with California Rules of Court,

rule 10.901 and these rules.

A. Any At-Issue Memorandum filed shall be on the form provided by the clerk of the court.

B. Approximately fifteen (15) days after the filing of an At-Issue Memorandum the court shall set the case for settlement conference and trial setting.

C. Petitioner and respondent must have complied with Family Code section 2104, subdivision (a), and, prior to, or concurrently with, submission of the At-Issue Memorandum, must have filed a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration. (Judicial Council form FL-141.)

If the non-submitting party has failed to file a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration, the submitting party must demonstrate

compliance with Family Code section 2107 by:

1. Filing a Request for Order (Judicial Council form FL-300) regarding non-compliance with disclosure requirements prior to or concurrently with the At-Issue Memorandum.

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended January 1, 2011; Amended July 1, 2014; Amended July 1, 2017)

12.3 COUNTER AT – ISSUE MEMORANDUM

Any party not in agreement with any other representation made in an At-Issue Memorandum shall within ten (10) days after the service thereof, serve and file a “Counter At-Issue Memorandum” on their behalf.

(Adopted October 1, 1998; Amended January 1, 2024)

12.4 SHORT CAUSE

In short cause cases (one (1) day or less), in addition to the information required by California Rules of Court, rule 10.900, the At-Issue Memorandum shall indicate those dates, not less than thirty (30) days from the date the At-Issue Memorandum is filed, during which trial counsel is not available.

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CHAPTER 12 SETTING OF CONTESTED FAMILY LAW AND ADOPTION

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended July 1, 2017)

12.5 LONG CAUSE

In long cause cases (more than one (1) day), in addition to the information required by California Rules of Court, rules 3.714 and 10.900, the At-Issue Memorandum shall indicate those dates, not less than three (3) months from the date the At-Issue Memorandum is filed, during which the trial counsel is not available.

(Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2008; Amended July 1, 2017)

12.6 REPEALED

(Settlement conferences - Repealed July 1, 2003)

12.7 REPEALED

(Adopted January 1, 2011, Unlawful detainer actions - Repealed, July 1, 2017)

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CHAPTER 13 RESERVED

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

Table of Contents

14.1 FILING OF CRIMINAL COMPLAINTS ........................................................................................................... 2 14.2 REPEALED .................................................................................................................................................... 2

14.3 DEADLINES PLACING MATTERS ON CALENDAR ..................................................................................... 2 14.4 PENAL CODE SECTIONS 995 AND 1538.5 MOTIONS................................................................................ 2 14.5 OTHER PRETRIAL AND DISCOVERY MOTIONS ........................................................................................ 3 14.6 PRE-TRIAL CONFERENCE CALENDAR ...................................................................................................... 3 14.7 JURY TRIAL READINESS CALENDAR ........................................................................................................ 4 14.8 EVIDENTIARY PRE-TRIAL MOTIONS .......................................................................................................... 5 14.9 MODIFICATION OF SENTENCE ADJUDGED .............................................................................................. 5 14.10 COURT APPOINTED COUNSEL .................................................................................................................. 5 14.11 REPEALED .................................................................................................................................................... 5 14.12 POSTING OF A PROPERTY BOND IN A CRIMINAL CASE ......................................................................... 6 14.13 LOCAL CRIMINAL BAIL SCHEDULE ............................................................................................................ 7 14.14 TRIALS BY DECLARATION .......................................................................................................................... 8 14.15 NIGHT COURT .............................................................................................................................................. 8

14.16 TRAFFIC SCHOOL ........................................................................................................................................ 8 14.17 MOTION TO RE-OPEN CASE ADJUDICATED BY BAIL FORFEITURE ...................................................... 8 14.18 REQUEST FOR EXTENSION ....................................................................................................................... 9

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

14.1 FILING OF CRIMINAL COMPLAINTS

New felony charges shall be filed no later than 11:00 am the day set for arraignment, unless otherwise directed by the presiding judge.

New misdemeanor charges shall be filed no later than 2:00 pm for the next day’s arraignment calendar, unless otherwise directed by the presiding judge.

(Adopted July 1, 2009; Amended July 1, 2017)

14.2 REPEALED

(Adopted July 1, 2009; Adding cases to criminal calendar - Repealed July 1, 2017)

14.3 DEADLINES PLACING MATTERS ON CALENDAR

A party seeking to set a criminal matter on calendar shall submit a memorandum or pleading to the clerk’s office no later than two (2) court days before the requested hearing date unless an earlier date is otherwise noted in these Local Rules. Exceptions to this rule must be approved by the judge hearing the case.

For felony “in custody” defendants, matters to be heard on the felony grist calendar must be submitted by 11:00 am, the day prior to next available grist day.

For felony “out of custody” defendants, matters to be heard on the felony grist calendar must be submitted by 11:00 am, two (2) court days prior to the requested hearing date.

For “out of custody” defendants appearing at the counter, requests for arraignment on a warrant must be submitted by 2:00. Matters may not be set on Monday for any calendar or Friday for Department 11.

(Adopted July 1, 2009; Amended July 1, 2017; Amended July 1, 2020)

14.4 PENAL CODE SECTIONS 995 AND 1538.5 MOTIONS

A. Except for good cause shown, a Motion to Set Aside the Indictment or Information must be noticed within ten (10) court days of the date of arraignment.

B. Except for good cause shown, a Motion to Suppress Evidence must be noticed: 1. within ten (10) court days of the date of arraignment on the information in felony matters; 2. within ten (10) court days of the date of the first pre-trial hearing in a misdemeanor case where time is waived; 3. within ten (10) court days of the date of arraignment in a misdemeanor case where time is not waived.

(Adopted October 1, 1998; Amended July 1, 2015; Amended July 1, 2017, Subds. (B)(1)-(3) Renumbered January 1, 2023)

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

14.5 OTHER PRETRIAL AND DISCOVERY MOTIONS

All other pretrial and discovery motions must be heard prior to the jury trial readiness calendar (California Rules of Court, rule 4.112(b)).

At the time of the defendant’s first appearance on a criminal matter, an informal request for continuing discovery shall be deemed to have been made by the defendant requesting the prosecutor to comply with Penal Code section 1054.1, and by the prosecutor requesting the defendant to comply with Penal Code section 1054.3.

(Adopted October 1, 1998; Amended July 1, 2002; Amended January 1, 2009)

14.6 PRE-TRIAL CONFERENCE CALENDAR

In order to reasonably predict the business of the court, anticipate assignments of judges, and to eliminate unnecessary inconvenience to parties, witnesses, and trial jurors, a pre-trial conference shall be held in every criminal case in which a trial by jury has been demanded.

A. Procedures. The judge in each felony department, except the felony arraignment department, shall, at the time of arraignment and entry of plea, set the date for the pre-trial conference. The judge in Department 11 shall, at the time of arraignment and entry of plea in misdemeanor cases, set the date for the pre-trial conference.

B. Date Set for Pre-Trial. Once a case is set on the pre-trial conference calendar, it may not be changed without the approval of the judge before whom it is assigned.

C. Failure to Appear at Pre-trial Conference. Any failure of an attorney to prepare for, appear at, or participate in, a pre-trial conference, unless good cause is shown for any such omission, is an unlawful interference with the proceedings of the court and may be punished as contempt.

D. Trial Brief Requirement. In all criminal matters where the case does not settle at the pre-trial conference and the matter remains set for trial, trial counsel shall file a brief no later than 12:00 noon on Friday for all felony cases and no later than 3:00 p.m. on Friday for all misdemeanor cases immediately preceding the trial date (in most instances the following Monday) unless an earlier date is ordered by the court. The only exception to the timely filing of a trial brief is by authorization of the presiding judge, designee of the presiding judge, or the trial judge.

The trial brief shall include the following: A brief factual statement of the case that can be read to the jury Proposed jury instructions All in limine motions along with supporting points and authorities Proposed voir dire questions that are being requested A list of any witness problems that may interfere with the timely conduct of the trial Any other issues that will have to be dealt with by the trial judge Witness list Exhibit list Proposed verdict form

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

(Adopted October 1, 1998; Amended July 1, 2001; Amended January 1, 2004; Rule 14.05 renumbered as 14.03 and amended January 1, 2009; Amended July 1, 2017)

14.7 JURY TRIAL READINESS CALENDAR

There shall be a jury trial readiness calendar for all criminal and traffic misdemeanor cases at which all trial counsel must be present. If the trial attorney fails to appear, the court may, in its discretion, find the attorney in contempt.

A. Procedures. Upon the calling of such readiness calendar, all motions for continuance, waiver of jury, change of plea, reductions, or other procedural matters shall be presented. In the event the case is not disposed of at the trial readiness conference and a trial date is confirmed, all offers on either side will be deemed withdrawn and the case will be tried on all counts. No further amendments to pleadings or continuances will be granted except for good cause shown.

B. Date Set for Trial - Duties. When the parties announce they are ready for trial, the parties announce that:

The respective attorneys are prepared to commence the trial immediately.

All pre-trial motions and discovery have been completed.

All witnesses are readily available and have been interviewed by the respective attorneys.

The attorneys’ calendars permit them to commence the trial immediately and see it to conclusion.

C. Proposed Jury Questionnaires. Unless waived by the trial judge, counsel shall submit proposed jury questionnaires to the court no less than fifteen (15) court days in advance of the trial date. Upon receipt, the questionnaires shall not be officially filed by the clerk of the court, but shall be immediately forwarded by the clerk to the trial judge for review.

D. Continuance Policy. The welfare of the People of the State of California requires that all proceedings in criminal cases shall be set for trial and heard at the earliest possible time (Penal Code section 1050). Any motion to continue in a criminal proceeding must comply with Penal Code section 1050.

1. No continuance will be granted solely because all parties agree thereto.

2. Trailing. Should it be necessary that cases be trailed for hearing or trial, they will be trailed
day by day. The case will be called each day at 11:30 a.m., 4:30 p.m., and the next day
at 8:30 a.m. When a case is trailing, the defendant and counsel, except in extraordinary
circumstances, must be present when the case is called.

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

(Adopted October 1, 1998; Amended July 1, 2002; Amended January 1, 2004; Amended January 1, 2007; Rule 14.06 renumbered as 14.04 and amended January 1, 2009; Amended July 1, 2017; Amended January 1, 2024)

14.8 EVIDENTIARY PRE-TRIAL MOTIONS

All misdemeanor pre-trial motions requiring the presentation of evidence shall be noticed in writing with proof of service of opposing parties and filed no later than ten (10) court days prior to the date of hearing, unless, for good cause shown, and upon order of court, time is shortened for the filing of said pre-trial motion.

A. Motion to Suppress Evidence. In misdemeanor Penal Code section 1538.5 motions to suppress evidence the moving party shall file written points and authorities at least ten (10) days prior to the date of the hearing which shall:

1. Identify with particularity the evidence sought to be suppressed;

2. Specifically state the legal theories relied upon; and

3. Cite the specific authorities offered in support of the motion.

(Adopted October 1, 1998; Rule 14.07 renumbered as 14.05 and amended January 1, 2009, Amended July 1, 2015; Amended July 1, 2017)

14.9 MODIFICATION OF SENTENCE ADJUDGED

The judge who admits a defendant to probation shall, as far as practicable, hear any application for modification, change, or termination of probation, except for applications under Penal Code sections 1203.4 or 1203.45 or unless otherwise assigned by the Presiding Judge.

Any request for modification of sentence imposed must be filed in writing on a form provided by the court.

(Adopted October 1, 1998; Rule 14.08 renumbered as 14.06 January 1, 2009; Amended July 1, 2017)

14.10 COURT APPOINTED COUNSEL

Only the Office of the Public Defender shall be appointed as counsel in all appointments authorized under Penal Code section 987 et al. In situations involving conflict of interest filed by the Office of the Public Defender of Monterey County, referral will be made to the Alternate Defender’s Office for appointment of counsel.

(Adopted October 1, 1998; Amended January 1, 2004; Rule 14.09 renumbered as 14.07 January 1, 2009)

14.11 REPEALED

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

(Adopted October 1, 1998; Appeals in misdemeanor cases that were electronically recorded - Repealed January 1, 2011)

14.12 POSTING OF A PROPERTY BOND IN A CRIMINAL CASE

Requirements

A hearing is required if equity in real property is submitted as security. At the hearing, at which witnesses may be called or examined, the magistrate will determine the value of such equity. If the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required, the magistrate shall allow such bail. (Penal Code section 1298.)

Procedure

A. To set the matter for hearing, a noticed motion for real property equity bond with proof of service to the Office of the District Attorney and Monterey County Counsel must be filed with the clerk’s office at least five (5) days prior to the date set for the hearing. The following documents must be submitted as attachments to the motion:

1. Declaration of property owner(s).

2. A notarized promissory note in the amount of the required bond.

3. Copy of the deed of trust proposed to be recorded securing the promissory note naming Monterey County as beneficiary and the Court Executive Officer of the Superior Court of California, County of Monterey, as trustee.

4. Current preliminary title report including a legal description of the property, location, and all encumbrances from a recognized California title company dated within thirty (30) days prior to the application for property bond.

5. Appraisal Report of the fair market value of the property, completed by a certified real estate appraiser. The report should be dated no more than thirty (30) days prior to the application for property bond.

6. Proof of insurance coverage for the property. The insurance coverage must have an adequate amount of coverage to cover all encumbrances and must show the County of Monterey on the insurance policy.

7. Order approving property bond and order for release of defendant. (Penal Code section 1281.)

B. All documents submitted for filing must conform to the form/format requirements set forth in California Rules of Court, rule 2.100(b) et. seq.

C. The clerk’s office will review all forms and paperwork to ensure that all necessary items have been presented for court approval.

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D. The court may require additional evidence in order to ascertain the true equity in the property held by the applicants. (Penal Code section 1280.)

E. If the court approves the property bond, the applicant shall record the deed of trust with the county recorder’s office where the property is located, and shall deliver to the clerk of the court a copy of the recorded deed of trust. The original deed of trust shall be returned by mail from the county recorder’s office to the clerk of the court. All costs incurred to process the property bond and to comply with this rule shall be borne by the applicant.

F. The clerk of the court will present the order approving the property bond and order for release of defendant to the magistrate. The magistrate will then sign the order(s) if not previously signed.

G. The clerk of the court will send a duplicate copy of the order approving the property bond and order for release of defendant, with the court seal affixed, to the county jail.

H. The clerk of the court will place the promissory note and newly recorded deed of trust in a sealed envelope and store the envelope in a secured area.

I. In the event the property bond is ordered exonerated, the attorney of record must do the following:

1. Prepare a full reconveyance form.

2. Schedule an appointment with the Court Executive Officer or designee.

   a. The Court Executive Officer or designee shall sign the full reconveyance in the presence of a notary public provided and paid for by the defendant.

   b. The signed full reconveyance form, cancelled recorded deed of trust, and cancelled promissory note shall be given to the attorney of record.

3. In the event the property bond is ordered forfeited, upon entry of summary judgment and order of the court, the clerk shall prepare an appropriate form of order for the court’s signature directing the clerk to release the original deed of trust and promissory note to County Counsel for the commencement of foreclosure proceedings. (Penal Code section 1280.1, subd. (b).)

(Adopted January 1, 2008; Rule 14.11 renumbered as 14.09 January 1, 2009; Amended July 1, 2010; Amended July 1, 2012; Amended July 1, 2017; Amended January 1, 2024)

14.13 LOCAL CRIMINAL BAIL SCHEDULE

This rule sets forth a schedule and procedure for adoption of the local bail schedule pursuant to Penal Code section 1269b, subdivisions (c) and (d), and California Rules of Court, rule 4.102. This bail schedule will be used for setting bail at all times as provided by law.

A. The local bail schedule will be reviewed annually.

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B. Judicial officers of this court designated by the presiding judge will review and consider revision of the local bail schedule annually and submit their proposed revisions to the presiding judge. The proposed revised local bail schedule will then be reviewed for adoption by a majority of the judicial officers.

C. Copies of the local bail schedule shall be sent to the officer in charge of the county jail and of each city jail within the county, to each judicial officer of this court, to the Judicial Council and posted on the court’s public website. (Penal Code section 1269b, subd. (f); California Rules of Court, rule 4.102.)

Bail shall be set according to the Uniform Bail Schedule established by the Judicial Council

per California Rules of Court, rule 4.102 for those charges addressed in said schedule except when a judge determines in their discretion that factors in aggravation or mitigation justify a different amount in a specific case.

(Adopted January 1, 2009; Amended January 1, 2024)

14.14 TRIALS BY DECLARATION

The court adopts the trial by declaration process, defined in Vehicle Code section 40902 and California Rules of Court, rule 4.210.

(Adopted July 1, 2010)

14.15 NIGHT COURT

Night court is held the last Monday of every month (excluding holidays) for traffic arraignments and special sets from the court. No pre-trial or court trials will be set for night court. (Vehicle Code section 42006, subd. (a).)

(Adopted July 1, 2013)

14.16 TRAFFIC SCHOOL

A. Court-approved online and home study courses are authorized only in adult cases and not in juvenile traffic matters.

B. The court does not allow installment payments on cases where the defendant is requesting to attend traffic school. (Vehicle Code section 42007, subd. (a)(2).)

(Adopted March 26, 2001; Amended January 1, 2008; Amended July 1, 2010; Amended July 1, 2013; Amended January 1, 2024)

14.17 MOTION TO RE-OPEN CASE ADJUDICATED BY BAIL FORFEITURE

Any motion to re-open a conviction reported to the Department of Motor Vehicles following a bail forfeiture under Vehicle Code section 40512 or reported as a failure to complete traffic violator school under Vehicle Code section 40512.6 shall be filed with the Traffic division no later than ninety (90) days from the date of the bail forfeiture.

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CHAPTER 14 CRIMINAL LAW DEPARTMENT

(Adopted July 1, 2013)

14.18 REQUEST FOR EXTENSION

Upon written or verbal request for an extension of time to take care of an infraction traffic or infraction non-traffic matter, the clerk of the court or designee is authorized to grant a one (1) time sixty (60) day extension from the original pay or appear date (appearance date on citation).

(Adopted July 1, 2013)

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CHAPTER 15 SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW

Table of Contents

15.1 HABEAS CORPUS ...................................................................................................................................... 2 15.2 FELONY WRITS .......................................................................................................................................... 2

15.3 ADMINISTRATIVE WRITS (Code of Civil Procedure section 1094.5) ......................................................... 2 15.4 OTHER STATUTORY PETITIONS FOR REVIEW ...................................................................................... 3 15.5 TRADITIONAL WRIT OF MANDAMUS (Code of Civil Procedure section 1085) ......................................... 3 15.6 ADMINISTRATIVE AND TRADITIONAL WRIT OF MANDAMUS BRIEFING SCHEDULES AND PAGE LIMITS ......................................................................................................................................................... 4

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15.1 HABEAS CORPUS

This rule applies only to petitioners currently in state custody (actual or constructive) as a result of a criminal prosecution or conviction.

All petitions for writ of habeas corpus must comply with the California Rules of Court, rule 4.550 et seq. and Penal Code section 1473 et seq.

A petition for writ of habeas corpus is filed and decided in the Salinas courthouse. The presiding judge shall designate a single superior court judge to consider all petitions.

A party seeking court review shall address the petition to the designated habeas judge.

A party seeking to set a habeas matter on calendar shall address the request to the designated habeas judge.

The court shall assign unique case numbers to all petitions for writs of habeas corpus.

(Rule 15.01 previously adopted October 1, 1998; Repealed January 1, 2009; New rule 15.01 adopted January 1, 2009; Amended July 1, 2014; Amended July 1, 2017)

15.2 FELONY WRITS

All judicial officers of the superior court have jurisdiction to consider a petition for writ of mandate or prohibition in any felony matter still pending before the magistrate. (Magallan v. Monterey County Superior Court (2011) 192 Cal.App.4th 1444.)

The filing party shall address the petition to the presiding judge. The presiding judge shall designate one or more superior court judges to consider the petition.

(Rule 15.03 renumbered as 15.02, amended January 1, 2009; Amended July 1, 2014, Amended July 1, 2017)

15.3 ADMINISTRATIVE WRITS (Code of Civil Procedure section 1094.5)

Administrative writ petitions filed under Code of Civil Procedure, section 1094.5 are reviewed by a superior court judge in the Civil Division. The party seeking court review shall address the petition to the assigned judge for that case.

A. Administrative record.

Parties shall lodge any administrative record in electronic format only (e.g., a thumb drive or

CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits.

B. Organization and file names. The administrative record shall be divided into discrete, logical sections. For example, in the divisions prescribed for CEQA cases by California Rules of Court, rule 3.2205(a)(1)

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(findings, EIR, initial study, staff reports, transcripts, the remainder of the record.) Each section shall be contained in individual, searchable, electronically bookmarked .PDF files.

Each file name shall reference the portion of the record contained therein, e.g., “Administrative Record Volume 1 (AR 1-195).pdf.”

C. Joint Appendix

This rule applies in any matter in which the Administrative Records exceeds 2,000 pages.

Parties shall coordinate to prepare and lodge an electronic joint appendix containing each

page of the records cited in the parties’ briefing.

The joint appendix shall be divided into individual files not to exceed 200 pages.

The joint appendix shall be lodged as expeditiously as possible following completion of the parties’ briefing on the merits, but in no event more than 14 calendar days thereafter.

D. Memorandum and Appendix In briefing, (1) each party addressing an issue shall specifically state the burden of proof for that issue and who bears it; and (2) each party that cites to specific pages of the administrative record shall submit to the court a courtesy hard copy Appendix of the Administrative Record pages cited, with the portions on which the party relies, highlighted. The administrative record pages in the Appendix shall either be in numerical order, or if not in numerical order, tabbed.

(Adopted January 1, 2000; Rule 15.04 renumbered as 15.03, amended January 1, 2009; Amended July 1, 2014, Amended July 1, 2017; Amended January 1, 2020, Amended January 1, 2025)

15.4 OTHER STATUTORY PETITIONS FOR REVIEW

Reserved.

(Adopted January 1, 2000; Rule 15.06 Renumbered as 15.04, January 1, 2009, Amended July 1, 2014, Amended July 1, 2015, Amended July 1, 2017)

15.5 TRADITIONAL WRIT OF MANDAMUS (Code of Civil Procedure section 1085)

Traditional writs of mandamus filed under Code of Civil Procedure section 1085 are reviewed by a superior court judge in the Civil Division. The party seeking court review shall address the petition to the judge of the Civil Division to whom that case is assigned.

A. Record on review.

Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits.

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(Amended July 1, 2017; Amended January 1, 2020, Amended January 1, 2025)

15.6 ADMINISTRATIVE AND TRADITIONAL WRIT OF MANDAMUS BRIEFING SCHEDULES AND PAGE LIMITS

Unless otherwise ordered by the court, points and authorities prepared for a hearing on the merits of a writ petition shall be filed in accordance with the following schedule and page limits: The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date; the opposition memorandum shall be filed at least 25 calendar days prior to the hearing date; and the reply memorandum shall be filed at least 15 calendar days prior to the hearing.

The opening and opposition memoranda shall not exceed 7,500 words. The reply memorandum shall not exceed 5,000 words. Attorneys shall, on a separate page following the final page of the memorandum, certify compliance with this requirement using substantially the language below:

I, [attorney name], counsel for [party], hereby certify, under Local rule 15.6, that I prepared the foregoing memorandum of points and authorities on behalf of my client, and that the word count for this briefing is [insert word count], which does not include the cover, the tables, signature blocks, or this certification. This briefing complies with the rule, which limits briefing to [insert the appropriate number] words. I certify that I prepared this document in [insert software name such as Word 2010], and that this is the word count [Word] generated for this document.

Dated: ____________________ ______________________________________________ [Attorney name] Attorney for [party]

The parties may, subject to this court’s approval, stipulate to file briefs exceeding the word count noted in this rule 15.6 and/or to modify this briefing schedule. Alternatively, any party may file a motion to file an oversized brief consistent with the procedure specified in California Rules of Court, rule 3.1113(e).

Any motion to be heard prior to the merits of a writ petition shall comply with the filing schedule and page limits specified in California Rules of Court, rules 3.1113 and 3.1300.

(Adopted July 1, 2016; Amended July 1, 2017)

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CHAPTER 16 MENTAL HEALTH DEPARTMENT

Table of Contents

16.1 MENTAL HEALTH JUDGE ............................................................................................................................. 2 16.2 CALENDAR .................................................................................................................................................... 2

16.3 JURY TRIALS ................................................................................................................................................. 2 16.4 LPS COMMITMENT ....................................................................................................................................... 2 16.5 PETITION FOR RESTORATION OF RIGHT TO POSSESS A FIREARM ..................................................... 2

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16.1 MENTAL HEALTH JUDGE

The mental health judge shall be designated by the presiding judge.

(Adopted October 1, 1998)

16.2 CALENDAR

All mental health cases initiated under Welfare and Institutions Code section 5000 et seq. (Lanterman-Petris-Short Act) shall be heard on Fridays at 1:30 P.M. If Friday falls on a court holiday, the mental health calendar shall be heard on the preceding judicial day.

(Adopted October 1, 1998)

16.3 JURY TRIALS

If a jury trial is demanded, the trial date will be set by the mental health judge.

(Adopted October 1, 1998; Amended January 1, 2010)

16.4 LPS COMMITMENT

A. REQUIREMENTS. A petition for commitment for LPS must generally allege the statutory basis for commitment. Every petition must include a sworn affidavit or declaration signed under penalty of perjury in support of the commitment. Petitioner must give notice to Respondent personally and to the Public Defender’s Office. A petition for an extended commitment must be timely filed. A petition must have a proof of service attached.

B. THE HEARING. All court hearings are closed, except for persons expressly invited by the Respondent. Court trials will be heard in Department A, and jury trials will be referred out to the alpha departments at the discretion of the Presiding Judge.

C. COUNSEL’S DUTY TO ADVISE RESPONDENT OF RIGHTS. Counsel for Respondent must advise respondent of the right to appear at all proceedings, including the hearing on the petition for commitment. Counsel for Respondent must advise Respondent of the right to a jury trial or a trial by court, the right to confront and cross-examine adverse witnesses, to present evidence on Respondent’s behalf using the free subpoena power of the court, and the privilege against self-incrimination. Counsel must advise Respondent that if a commitment is granted, the State may subsequently seek renewed commitments.

(Adopted July 1, 2017)

16.5 PETITION FOR RESTORATION OF RIGHT TO POSSESS A FIREARM

A. PETITION. A petition for restoration of the right to own, possess, control, receive, or purchase a firearm pursuant to Welfare and Institutions Code section 8103(f)(1), and any supporting documentation must be filed with the clerk’s office of the mental health court. The petition must include a discharge summary prepared by the last inpatient facility which provided involuntary treatment. In addition, if a firearm has been confiscated and the petition seeks to regain the firearm, a detailed description of the firearm, and a copy of the receipt given by the

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agency upon removal must be attached to the petition. At the hearing, the court may also require a written verification from a treating therapist stating that the petitioner will be able to use a firearm in a safe manner.

B. THE HEARING. The clerk will send a notice of the hearing date to petitioner. The petitioner must attend the hearing, and may be self-represented, or represented by a privately retained counsel. If the court decides in petitioner’s favor, petitioner must prepare an order after hearing restoring petitioner’s right to possess a firearm for the court’s signature. If the petitioner regains the right to buy or possess firearms, the court will send notice to the Department of Justice. All court hearings are closed.

(Adopted July 1, 2017; Amended January 1, 2024)

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CHAPTER 17 DUTIES OF ATTORNEYS

Table of Contents

17.1 NOTIFICATION OF SETTLEMENT ................................................................................................................ 2 17.2 EXAMINATION OF WITNESSES ................................................................................................................... 2

17.3 SUBSTITUTION ............................................................................................................................................. 2 17.4 REPEALED .................................................................................................................................................... 2 17.5 TIMELY FILING .............................................................................................................................................. 2 17.6 REPEALED .................................................................................................................................................... 2 17.7 JUDGMENT DEBTOR EXAMINATION .......................................................................................................... 2 17.8 ORDERS AND JUDGMENTS SUBMITTED AFTER HEARING ..................................................................... 2

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CHAPTER 17 DUTIES OF ATTORNEYS

17.1 NOTIFICATION OF SETTLEMENT

Whenever any case pending on the trial calendar is settled, the attorneys shall immediately notify the court. Failure to do so shall be deemed to be an unlawful interference with the proceedings of the court.

(Adopted October 1, 1998)

17.2 EXAMINATION OF WITNESSES

Unless otherwise ordered by the court, only one (1) attorney on each side will be permitted to examine the same witness.

(Adopted October 1, 1998; Amended January 1, 2025)

17.3 SUBSTITUTION

When an attorney withdraws from an action or proceeding and no other counsel is substituted, the attorney shall include the address, email and telephone number of the client.

(Adopted October 1, 1998; Amended July 1, 2017)

17.4 REPEALED

(Adopted October 1, 1998; Copies of judgments - Repealed July 1, 2005)

17.5 TIMELY FILING

It shall be the duty of counsel on all filed documents to indicate the date of any pending relevant court trial or hearing as part of, or directly below, the caption describing the nature of the document.

(Adopted October 1, 1998; Amended July 1, 2015; Amended July 1, 2016)

17.6 REPEALED

(Adopted July 1, 2005; Copies of Pleadings, Judgments and appealable orders – Repealed July 1, 2016)

17.7 JUDGMENT DEBTOR EXAMINATION

Judgment creditor must promptly notify the court two (2) court days prior to the scheduled court hearing, in writing, if the examination is not proceeding on the date scheduled.

(Adopted July 1, 2012; Amended July 1, 2017)

17.8 ORDERS AND JUDGMENTS SUBMITTED AFTER HEARING

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CHAPTER 17 DUTIES OF ATTORNEYS

A. The party directed by the court shall prepare the findings and order after hearing, judgment and order in accordance with the court's decision, or stipulation put on the record and shall submit it to opposing counsel/party for objection or approval pursuant to California Rules of Court, rules 3.1312 and 5.125.

B. The court may require any party submitting a proposed order after hearing who does not obtain approval as to form from opposing counsel to submit a transcript to the court with a cover letter explaining why it was submitted without such approval.

C. If the parties require a transcript of the proceedings to resolve disputes over the form of order, the judge is to be advised that the transcript has been ordered and the expected date of availability of the transcript.

D. Failure to submit orders after hearing in a timely manner may result in the imposition of sanctions.

E. The judicial signature line shall be included following the text of an order. Signature lines may not be inserted on a blank page. Judicial signature page must include the case name, case number and title of the document in the footer.

F. In cases when the Department of Child Support Services has made an appearance, a signature by the court on the finding and order after hearing constitutes notice that the court has complied with California Rules of Court, rule 5.125(f).

(Adopted July 1, 2012; Amended July 1, 2013; Amended July 1, 2014; Amended July 1, 2016; Amended July 1, 2017)

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CHAPTER 18 JURY RULES

Table of Contents

18.1 JURY COMMISSIONER ................................................................................................................................. 2 18.2 JURY SELECTION PROGRAM ...................................................................................................................... 2

18.3 JURY UTILIZATION PROGRAM .................................................................................................................... 2 18.4 SPECIAL VENIRE .......................................................................................................................................... 3

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CHAPTER 18 JURY RULES

18.1 JURY COMMISSIONER

The Superior Court Executive Officer is designated as the attaché of the court to perform the functions of Jury Commissioner. The Court Executive Officer may appoint deputies to perform these functions.

(Adopted October 1, 1998; Amended July 1, 2016)

18.2 JURY SELECTION PROGRAM

A. Source Lists. The Jury Commissioner shall prepare and keep a consolidated, master list of eligible juror candidates. The master list shall include the name and address of persons who reside in the county, and who are 18 years of age or older who are registered to vote and/or have been licensed or issued an identification card pursuant to Article 3 (commencing with § 12800) and Article 5 (commencing with § 13000) of Chapter 1 of Division 6 of the Vehicle Code. The master list shall be prepared to exclude those persons who completed jury service in the prior two (2) calendar years.

B. Consolidated Master List. A consolidated, countywide master list shall be utilized by the Jury Commissioner in summoning jurors for all court locations. The selection of the master jury list shall be at random from the jury source lists.

C. Preparation of Prospective Juror Lists. The name of each prospective trial juror shall be taken by random selection from the most current master jury list, except for a person nominated by the court pursuant to statutory authority.

D. Drawing of Names; Summons. The Jury Commissioner will draw from the master jury list a sufficient number of names of prospective jurors as the Jury Commissioner determines to be required to provide adequate jury services to the courts for a particular time period, and each person shall be summoned by first-class mail to attend the court for service as a member of a trial jury panel. Once a juror appears for service, and prior to that person’s discharge as a juror as heretofore provided, such juror may be required to report back to the court for further service upon either personal or telephonic oral direction of the court, or of the Jury Commissioner or Deputy Jury Commissioner, acting on behalf of the court.

E. Combined Jury Panels. The courts will utilize a combined, countywide jury panel for superior court trials at all court locations.

(Adopted October 1, 1998; Amended January 1, 2003; Amended July 1, 2016; Amended January 1, 2024)

18.3 JURY UTILIZATION PROGRAM

A. Excuse from Jury Service. The Jury Commissioner shall determine the statutory qualifications of each prospective trial juror. The Jury Commissioner shall exclude from the certified jury lists any person not statutorily competent to serve, and may excuse from jury service such prospective trial juror who in their determination requests and qualifies for excuse under section 204, subdivision (b), and section 218 of the Code of Civil Procedure, provisions of the

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CHAPTER 18 JURY RULES

Standards of Judicial Administration, California Rules of Court, and of these rules and policies adopted by the superior court.

B. Procedure for Excuse from Jury Service. The Jury Commissioner may, upon request, defer the service of a prospective juror for good cause, transfer a juror to any court location within the county for good cause, or may excuse a prospective juror from service altogether, for either of the following reasons:

1. The prospective juror qualifies for excuse from service on the basis of one (1) of the categories set forth in the Standards of Judicial Administration, California Rules of Court as interpreted by superior court policies.

2. Other circumstances constituting undue hardship within the meaning of the statutes, Standards of Judicial Administration, or rules or policies of this court apply to the prospective trial juror, as determined by the Jury Commissioner and/or presiding judge of the court.

A request for excuse from jury service shall be addressed to, and determined by, the Jury Commissioner. The Jury Commissioner shall fairly weigh and consider all relevant information and may personally interview the prospective trial juror when deemed desirable or necessary to do so. The Jury Commissioner may refer any request to the presiding judge for their determination. In the event the Jury Commissioner denies a request for excuse the prospective trial juror may request and shall be entitled to review and reconsideration by the presiding judge. The disposition of the request and the reasons therefor shall be noted upon appropriate records maintained by the Jury Commissioner.

(Adopted October 1, 1998; Amended January 1, 2024)

18.4 SPECIAL VENIRE

Nothing contained in the foregoing rules shall preclude the Jury Commissioner, upon order of the court, from drawing from the master jury list and summoning to the court pursuant to law, a special venire for jury service in a particular case.

(Adopted October 1, 1998)

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CHAPTER 19 MISCELLANEOUS RULES

Table of Contents

19.1 CONFORMING COPIES ................................................................................................................................. 2 19.2 SANCTIONS .................................................................................................................................................... 2

19.3 RECORDING IN COURTS .............................................................................................................................. 2 19.4 REPEALED ...................................................................................................................................................... 3 19.5 EXHIBITS ........................................................................................................................................................ 3 19.6 REPEALED ...................................................................................................................................................... 4 19.7 RECORDING AND EDITING RULES FOR VIDEO DEPOSITIONS ................................................................ 4 19.8 COPIES OF PLEADINGS, JUDGMENTS AND ORDERS ............................................................................... 5 19.9 LEGAL DOCUMENT ASSISTANTS ................................................................................................................ 5 19.10 [RESERVED] ................................................................................................................................................... 5 19.11 COURT REPORTING SERVICES ................................................................................................................... 5 19.12 FILING OF CASES .......................................................................................................................................... 6 19.13 INTERPRETER SERVICES ............................................................................................................................ 6 19.14 MEDIA COVERAGE OF COURT PROCEEDINGS ......................................................................................... 6 19.15 JUDICIAL DISQUALIFICATION ...................................................................................................................... 7

19.16 COURT FORMS .............................................................................................................................................. 7

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19.1 CONFORMING COPIES

A. Electronic conformed copies. Electronic conformed copies of filings are provided automatically to the email address the filer registers with the Electronic Filing Service Provider (EFSP). For documents first requiring judicial review (orders, judgments, etc.) a conformed copy will be emailed by the clerk to the email address provided to the EFSP.

B. Paper-filed conformed copies. Court clerk will conform a maximum of two (2) copies of any document at the time of filing. Additional copies will be provided by photocopying and the standard superior court clerk fee for copies will be charged.

If a conformed copy of a paper document is desired, an additional copy or copies must be submitted. Parties requesting that the clerk’s office mail them conformed copies of their filings

must provide a self-addressed stamped envelope of proper size and with sufficient postage.

If the envelope or postage is insufficient to mail the entire conformed copy, only the face of the pleading will be mailed.

For filings in the civil, probate or family law divisions in which a conformed copy of a paper document is requested, and the envelope or postage is insufficient, the conformed copy or copies will be placed in a marked “attorney/pro per pick up” box and held for only thirty (30) days. The pick up box is located in the lobby of the first floor clerk’s office.

(Rule 19.01 peremptory challenge repealed July 1, 2010; New rule 19.1 adopted July 1, 2012; Amended July 1, 2013; Amended July 1, 2017; Amended January 1, 2024)

19.2 SANCTIONS

Failure to comply with these rules and the California Rules of Court may result in the imposition of sanctions in the discretion of the court, including but not limited to:

A. The matter being dropped from the calendar;

B. A fine ordered paid to the clerk of the court by the responsible party and/or counsel within 30 days;

C. Costs, actual expenses, counsel fees or any or all thereof arising therefrom.

(Adopted October 1, 1998; Amended July 1, 2017)

19.3 RECORDING IN COURTS

No electronic recording of court proceedings other than by the official court reporting methods shall be permitted without approval of the court.

(Adopted October 1, 1998; Amended July 1, 2004)

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19.4 REPEALED

(Adopted October 1, 1998; Proposed Orders - Repealed July 1, 2013)

19.5 EXHIBITS

Evidence admitted in any case before any court shall be only those items required in the case and shall be retained by the court for the minimum time required by law, unless good cause is shown to retain the evidence. No exhibit shall be received by any court if the exhibit poses a security, storage, safety, or health problem. (Code of Civil Procedure, section 1952 et seq. and Penal Code section 1417 et seq.)

A. Exhibits which will not be received include, but are not limited to:

1. Any type of explosive powder;

2. Explosive chemicals, toluene, ethane;

3. Explosive devices, such as grenades or pipe bombs;

4. Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner, ethyl-ether;

5. Canisters containing tear gas, mace, OC spray;

6. Rags which have been soaked with flammable liquids;

7. Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive liquids, pyrrolidine, morpholine, or piperidine; and

8. Samples of any bodily fluids, liquid or dried.

B. No exhibits shall be accepted by the exhibits custodian unless:

1. All containers with liquid substances are clearly marked and identified as to type and amount;

2. All containers of controlled substances are clearly marked, identified, weighed, and sealed;

3. All cash is specifically identified, whether individually or packaged, as to the total amount and number of each denomination;

4. All firearms are secured by a nylon tie or trigger guard; and

5. All hypodermic needles are placed in containers that will safeguard personnel.

C. Unless otherwise ordered, unidentified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them.

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D. A court, in its discretion, may admit any exhibit in the interest of justice. However, the following rules will be taken into consideration prior to approval.

1. Photographs. Original photographs shall be substituted for any photographically enlarged exhibits. A court, in its discretion, may order a photograph substituted for large or bulky exhibits which might pose a storage problem.

2. Diagrams and Charts. Diagrams and charts shall not exceed twenty-seven (27) inches by forty (40) inches without prior order of the court.

E. Upon completion of trial in any traffic case, the court shall order the immediate return of all exhibits to the offering party. The offering party shall assume total responsibility and custody of any exhibit offered or received into evidence once returned. The offering party shall not change or alter any exhibit once returned. The offering party shall provide copies of all exhibits to the opposing party if not already provided. The offering party shall retain custody of all exhibits and make all exhibits readily available to the court within the following limits:

1. Until 60 days following judgment if no appeal is filed.

2. If an appeal is filed and the judgment is affirmed, until 30 days following the date of the
remittitur.

3. If an appeal is filed and a new trial granted, until 60 days following judgment on the new
trial.

(Adopted October 1, 1998; Amended July 1, 2000, Amended January 1, 2016; Amended July 1, 2017; Amended January 1, 2024)

19.6 REPEALED

(Adopted October 1, 1998; Use of Correction Fluid or Tape on Documents and Papers – Repealed July 1, 2016)

19.7 RECORDING AND EDITING RULES FOR VIDEO DEPOSITIONS

In addition to the requirements of Civil Code of Procedure section 2025.340, the following rules shall be followed regarding the recording and editing of video depositions.

A. RECORDING OF VIDEO DEPOSITION:

1. Head and shoulders view of witness only;

2. No split screen allowed;

3. A plain background shall be used; no photographs or pictures shall be in the background;

4. Only normal room lighting shall be used; no additional lighting shall be used without court
permission or agreement of opposing counsel; and

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5. The running time for the video shall be displayed at the bottom of the picture.

B. EDITING OF VIDEO DEPOSITION:

1. Full questions and answers are required;

2. Pauses shall remain in questions and answers;

3. Pauses at end of answer and before next question may be edited out;

4. Introduction of subject matter for a section of video by non-argumentative description is allowed (e.g., voice over of trial counsel or character display);

5. Objections and comments of counsel on record shall be edited out;

6. An edited version of the video deposition shall be exchanged with counsel thirty (30) days before the pre-trial or settlement conference;

7. Sections of the video deposition offered for impeachment must comply with these recording and editing rules, but exchange between counsel is not required before trial; and

8. At the time of the use of impeaching material, opposing counsel and the court must be provided with marked transcript pages or pages and line numbers.

(Adopted October 1, 1998; Amended January 1, 2008; Amended July 1, 2017)

19.8 COPIES OF PLEADINGS, JUDGMENTS AND ORDERS

Attorneys and self-represented litigants must comply with the requirements for submission of pleadings, orders, and judgments.

(Adopted July 1, 2009; Amend July 1, 2016)

19.9 LEGAL DOCUMENT ASSISTANTS

All legal document assistants as defined by Business & Professions Code section 22440 et. seq. (Immigration Consultants), or Business & Professions Code section 6400 et. seq. (Legal Document Assistants and Unlawful Detainer Assistants) shall comply with the requirements of Business & Professions Code section 6408.

Failure to comply with Business & Professions Code section 6408 will be treated the same as failure to comply with California Rules of Court, rules 2.100-119. (Adopted July 1, 2000; Amended January 1, 2007; Amended July 1, 2015)

19.10 [RESERVED]

(Renumbered as Local Rule 14.6)

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19.11 COURT REPORTING SERVICES

Pursuant to California Rules of Court, rule 2.956, and Government Code section 68086, the court hereby adopts the following policy as a local rule.

The court provides services of official court reporters in all criminal and juvenile matters as required by law during regular court hours.

A party, with a fee waiver granted, proceeding in forma pauperis and requesting a court reporter, must file with the court at least 10 days prior to a hearing a Notice and Request for Court Reporter. Failure to timely file the Notice and Request for Court Reporter may result in the unavailability of a court reporter or delay in the hearing.

(Adopted January 1, 2003; Amended April 1, 2003; Amended January 1, 2005; Amended January 1, 2007; Amended July 1, 2015; Amended January 1, 2019; Amended July 1, 2019; Amended January 1, 2022)

19.12 FILING OF CASES

Cases subject to mandatory e-filing shall be filed as provided in Local Rule 1.7. Otherwise, cases within the jurisdiction of the Superior Court of California, County of Monterey may be delivered to the Salinas, Marina, or Monterey courthouse, but will be filed only in the location of appropriate jurisdiction. The King City courthouse will accept filings in person, on the days that it is open to the public.

Cases delivered to a court location that does not have current jurisdiction shall be date stamped as “received” and transported by court courier to the appropriate division location. Any such case shall be deemed “filed” at the date and time it is “received” stamped at any authorized courthouse. All new complaints and/or documents submitted for filing shall be deemed not filed if after careful review are found to be incomplete and/or filings fees were not submitted and will be returned unprocessed to the submitting party.

(Adopted January 1, 2006; Amended July 1, 2016; Amended January 1, 2022, Amended January 1, 2023; Amended January 1, 2024)

19.13 INTERPRETER SERVICES

Any party requiring the services of an interpreter shall be responsible for notifying the court of the requested services. The court retains discretion to provide interpretation services.

(Adopted January 1, 2005; Amended July 1, 2016)

19.14 MEDIA COVERAGE OF COURT PROCEEDINGS

A. Requests for Coverage. Requests for media coverage are governed by California Rules of Court, rule 1.150. The rules, forms, and policy are available on the court’s public website at www.monterey.courts.ca.gov under the Media tab or through the clerk’s office.

LOCAL RULES OF COURT
MONTEREY COUNTY SUPERIOR COURT 6

CHAPTER 19 MISCELLANEOUS RULES

B. Limitations on Recording. Consistent with the limitations set forth in the California Rules of Court, the video or audio recording in the courtroom of any victim or witness, other than a defendant in a criminal case, is prohibited unless specifically authorized by the court. This rule shall apply to all images and statements of a victim or witness in court, whether live or prerecorded.

(Adopted January 1, 2010)

19.15 JUDICIAL DISQUALIFICATION

When a judicial officer is disqualified, either on peremptory challenge or for cause, the matter will be referred for reassignment by the Presiding judge or designee.

(Adopted July 1, 2012; Amended July 1, 2013; Amended July 1, 2015)

19.16 COURT FORMS

Forms adopted by the Monterey County Superior Court for local use are either mandatory or optional, as designated on the bottom of the first page. Mandatory forms must be used by parties, while optional forms may be used by parties. A person using a local form must use the current version of the form adopted by the court. Local forms are available on the court’s website at https://www.monterey.courts.ca.gov/forms.

(Adopted January 1, 2015; Amended July 1, 2016; Amended July 1, 2017; Amended July 2020; Amended January 1, 2022)

LOCAL RULES OF COURT
MONTEREY COUNTY SUPERIOR COURT 7

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

APPELLATE DIVISION – Chapter 9

Briefs 9.5 5 7/1/2017

Sessions 9.2 2 1/1/2024

Jurisdiction 9.1 2 1/1/2024

Oral Argument / Hearings 9.6 5 7/1/2017

Procedures, Filling and Fees 9.3 3 7/1/2017

Record on Appeal 9.4 4 1/1/2024

ATTORNEY FEES - DEFAULT AND UNCONTESTED MATTERS – Chapter 8

Request for Attorney Fees in Unlawful Detainer Actions 8.2 2 7/1/2017

Schedule of Attorney Fees 8.1 2 10/1/1998

CIVIL DEPARTMENT – Chapter 6

Case and Trial Management Rules – General 6.5 2 7/1/2009

Case Disposition 6.7 3 1/1/2024

Case Management Conferences 6.9 5 1/1/2024

Complex Litigation 6.6 3 1/1/2025

Court – Directed Mediation Program Rules 6.12 6 1/1/2024

From Case Filing to Case Management Conference 6.8 5 1/1/2024

Jurisdiction and Location 6.2 2 7/1/2017

Miscellaneous Rules 6.15 18 1/1/2025

Appendix A: Trial Management Report and Brief 20 7/1/2025

Appendix F: Mediation and Confidentiality Agreement 23 1/1/2024

Attachment A: Mediation Agreement 25 1/1/2024

Organization and Distribution of Business 6.1 2 7/1/2023

Remote Appearance 6.14 18 1/1/2024

Request for Trial Continuance 6.10 6 1/1/2024

Settlement Conferences 6.13 16 1/1/2025

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT I

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

Trial Management Orders and Reports 6.11 6 7/1/2016

COURT ACCESS AND ADMINISTRATION – Chapter 1

Calendar Assignments 1.2 2 1/1/2024

Court Holidays 1.5 4 7/1/2012

Delegation of Authority - Elisors 1.6 4 1/1/2023

Direct Calendar 1.3 2 1/1/2024

e-Filing of Documents 1.7 5 1/1/2024

Joint Committee on the Elimination of Bias 1.10 13 1/1/2025

Judicial Assignments 1.4 2 7/1/2012

Presiding Judge 1.1 2 1/1/2025

Remote Civil Proceedings 1.8 7 1/1/2025

Remote Criminal Proceedings 1.9 12 7/1/2026

CRIMINAL DEPARTMENT – Chapter 14

Court Appointed Counsel 14.10 5 1/1/2009

Deadlines for Placing Matters on Calendar 14.3 2 7/1/2020

Evidentiary Pre-trial Motions 14.8 5 7/1/2017

Filing of Criminal Complaints 14.1 2 7/1/2017

Jury Trial Readiness Calendar 14.7 4 1/1/2024

Local Criminal Bail Schedule 14.13 7 1/1/2024

Modification of Sentence Adjudged 14.9 5 7/1/2017

Motion to Re-Open Case Adjudicated by Bail Forfeiture 14.17 8 7/1/2013

Night Court 14.15 8 7/1/2013

Other Pre-trial and Discovery Motions 14.5 3 7/1/2009

Penal Code 995 & 1538.5 Motions 14.4 2 7/1/2023

Posting of a Property Bond in a Criminal Case 14.12 6 1/1/2024

Pre-trial Conference Calendar 14.6 3 7/1/2017

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT II

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

CRIMINAL DEPARTMENT – Chapter 14 (continued)

Request for Extension 14.18 9 7/1/2013

Traffic School 14.16 8 1/1/2024

Trials By Declaration 14.14 8 7/1/2010

DUTIES OF ATTORNEYS – Chapter 17

Examination of Witnesses 17.2 2 1/1/2025

Judgment Debtor Examination 17.7 2 7/1/2017

Notification of Settlement 17.1 2 10/1/1998

Orders and Judgments Submitted After Hearing 17.8 2 7/1/2017

Substitution 17.3 2 7/1/2017

Timely Filing 17.5 2 7/1/2016

FAMILY LAW DEPARTMENT – Chapter 10

Child and Spousal Support 10.3 6 1/1/2025

Court Ordered Fact Based Inquiry 10.7 16 1/1/2024

Court Ordered Psychological Evaluation and Custody 1/1/2024 Evaluation 10.8 17

Department of Child Support Services 10.10 22 1/1/2024

Emancipation of Minors 10.12 23 1/1/2023

Family Centered Case Resolution 10.11 22 1/1/2022

Law and Motion 10.1 2 1/1/2025

Mediation of Child Custody and Visitation Disputes 10.6 8 1/1/2025

Miscellaneous Rules 10.13 23 7/1/2025

Office of Family Law Facilitator / Self-Help Center 10.4 7 7/1/2017

Parent Orientation 10.5 7 1/1/2022

Professional and Non-Professional Visit Supervision 10.9 20 1/1/2024

Settlement Conferences 10.2 5 1/1/2025

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT III

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

JURY RULES – Chapter 18

Jury Commissioner 18.1 2 7/1/2016

Jury Selection Program 18.2 2 1/1/2024

Jury Utilization Program 18.3 2 1/1/2024

Special Venire 18.4 3 10/1/1998

JUVENILE DEPARTMENT – Chapter 3

Adding Cases to Juvenile Calendar 3.2 2 7/1/2009

Appointment of Advocate – Specific Duties 3.12 5 1/1/2024

Appendix: Certification of Competency of Counsel 16 1/1/2023

Appendix: Court Designated Child Advocate- Oath 6 1/1/2023

Calendar Priority 3.15 7 1/1/2010

Child Advocates 3.11 4 1/1/2024

Court Appointed Special Advocate as Guardian ad litem 3.24 14 1/1/2011

Court Appointed Special Advocate Program 3.10 3 1/1/2024

Designation of Presiding Juvenile Judges 3.3 2 1/1/2019

Family Law Advocacy 3.17 8 1/1/2010

Filing of Juvenile Petitions 3.1 2 1/1/2024

Filing of Papers 3.5 3 1/1/2023

Minimum Standards of Education, Training and Experience 3.21 10 1/1/2024

Notification of Cancelled Contested Hearing 3.7 3 1/1/2010

Procedures for Informing the Court of the Interests of a Dependent Child 3.25 14 1/1/2011

Procedures for Reviewing and Resolving Complaints 3.23 12 1/1/2024

Release of Information to Advocate 3.13 7 1/1/2024

Representation in Juvenile Dependency Proceedings 3.19 8 7/1/2017

Right to Appear 3.18 8 1/1/2024

Right to Timely Notice 3.14 7 1/1/2010

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT IV

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

JUVENILE DEPARTMENT – Chapter 3 (continued)

Sessions 3.4 2 1/1/2019

Screening for Competency 3.20 9 1/1/2024

Standards of Representation 3.22 11 1/1/2024

Trial Brief Requirement 3.6 3 1/1/2010

Visitation throughout Dependency 3.16 8 1/1/2010

LAW AND MOTION – Chapter 7

Continuances 7.4 2 7/1/2015

Discovery Facilitator Program 7.13 5 7/1/2020

Ex Parte Applications 7.11 4 1/1/2019

Executed Original of Amended Pleading 7.12 5 1/1/2023

Law and Motion Calendar 7.2 2 7/1/2017

Law and Motion Judges 7.1 2 7/1/2015

Long Matters 7.5 2 7/1/2012

Matters Included 7.3 2 7/1/2017

Remote Appearances in Civil Law and Motion Hearings 7.7 3 1/1/2024

Tentative Rulings 7.9 3 7/1/2023

Uncontested Civil Matters 7.6 2 7/1/2015

MENTAL HEALTH DEPARTMENT – Chapter 16

Calendar 16.2 2 10/1/1998

Jury Trials 16.3 2 1/1/2010

LPS Commitment 16.4 2 7/1/2017

Mental Health Judge 16.1 2 10/1/1998

Petition for Restoration of Right to Possess a Firearm 16.5 2 1/1/2024

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT V

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

MISCELLANEOUS RULES – Chapter 19

Conforming Copies 19.1 2 1/1/2024

Copies of Pleadings, Judgments and Orders 19.8 5 7/1/2016

Court Forms 19.16 7 1/1/2022

Court Reporting Services 19.11 5 1/1/2022

Exhibits 19.5 3 1/1/2024

Filing of Cases 19.12 6 1/1/2024

Interpreter Services 19.13 6 7/1/2016

Judicial Disqualification 19.15 7 7/1/2015

Legal Document Assistants 19.9 5 7/1/2015

Media Coverage of Court Proceedings 19.14 6 1/1/2010

Recording and Editing Rules for Video Depositions 19.7 4 7/1/2017

Recording in Courts 19.3 2 7/1/2004

Sanctions 19.2 2 7/1/2017

MONTEREY DIVISION – Chapter 2

Court Calendar 2.4 2 1/1/2023

Venue - Monterey Division 2.2 2 1/1/2008

PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND VISITATION) – Chapter 11

Cooperation and Communications 11.5 7 1/1/2024

Format of Order Appointing Parenting Coordinator 11.8 9 7/1/2015

Attachment - Order Appointing Parenting Coordinator 10 7/1/2015

Immunity; Testimony 11.7 8 1/1/2024

Parenting Coordinator Role When Issues Addressed Interrelate with Financial or Property Issues 11.6 8 7/1/2015

Powers and Scope of the Parenting Coordinator’s Authority 11.3 5 1/1/2024

Procedure for Implementing Recommendations 11.4 7 7/1/2015

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT VI

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND VISITATION) – Chapter 11 (continued)

Role of Parenting Coordinator 11.1 2 7/1/2015

Selection and Appointment of Parenting Coordinator 11.2 2 1/1/2024

PROBATE DEPARTMENT – Chapter 4

Accounts and Accounting 4.101 20 1/1/2022

Accounts of Guardians 4.122 25 1/1/2022

Allegation re: Creditor Claims 4.61 12 1/1/2022

Allegations in Petitions re: Beneficiaries 4.50 10 1/1/2022

Amended Pleadings 4.11 5 1/1/2022

Annual Review of Guardianships 4.123 25 1/1/2022

Appearances 4.22 7 1/1/2022

Applications for Ex Parte Orders 4.21 6 1/1/2023

Appointment of Attorneys for Conservatees and Minors 4.83 16 1/1/2022

Appointment of General Guardians 4.120 24 1/1/2022

Bond 4.84 16 1/1/2022

Bond on Sale of Real Estate 4.133 28 1/1/2022

Broker’s Commissions – General Rule 4.134 28 1/1/2022

Caption of Petitions and Pleadings 4.10 5 1/1/2022

Compensation of Attorneys and Paralegals 4.160 30 1/1/2022

Compensation of Court-Appointed Counsel in Conservatorships and Guardianships 4.162 31 1/1/2022

Compensation of Fiduciaries (Conservators, Guardians, Trustees) 4.163 31 1/1/2022

Confidential Statement of Birth Date and Driver’s License Number 4.52 11 1/1/2022

Confirming Sale of Real Property 4.131 27 1/1/2022

Conservatee – Beneficiary of a Trust 4.104 22 1/1/2022

Consolidation of Related Cases 4.3 4 1/1/2022

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT VII

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

PROBATE DEPARTMENT – Chapter 4 (continued)

Contact with Research Attorney / Probate Examiner 4.5 5 1/1/2022

Continuances 4.23 7 1/1/2022

Court Investigator Fees 4.111 23 1/1/2022

Court Reviews 4.100 20 1/1/2022

Debts Paid without Verified Claims 4.64 13 1/1/2022

Declaration of Due Diligence – Dispensing with Notice 4.35 8 1/1/2022

Declinations and Consents to Serve 4.51 11 1/1/2022

Description of Distributees 4.65 13 1/1/2022

Discharge of Fiduciary 4.70 15 1/1/2022

Disputes About Brokers’ Commissions 4.135 29 1/1/2022

Distribution Under Act 4.67 13 1/1/2022

Duties of Guardian – Liability of Parents to Support Child 4.121 24 1/1/2022

Exclusion of Secretarial and Overhead Services and Costs 4.164 32 1/1/2022

Exclusive Listings for the Sale of Real Property 4.132 28 1/1/2022

Extraordinary Compensation in Decedents’ Estates 4.165 33 1/1/2022

Final Accounts 4.102 21 1/1/2022

Fixing Conservatee or Minor’s Residence Outside of California 4.85 17 1/1/2022

Hearing and Appointment of Conservator 4.93 19 1/1/2022

Lanterman-Petris-Short (LPS) Conservatorships 4.92 19 1/1/2022

Local Forms 4.13 6 1/1/2022

Materials to be Included in Probate Orders 4.30 7 1/1/2022

Multiple Fiduciaries 4.53 11 1/1/2022

Notice of Change of Address 4.94 20 1/1/2023

Notice to Court Investigator 4.81 15 1/1/2022

Notice to Public Entities 4.66 13 1/1/2022

Order for Distribution 4.68 14 1/1/2022

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT VIII

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

PROBATE DEPARTMENT – Chapter 4 (continued)

Payment of Interest on Funeral and Interment Claims 4.62 12 1/1/2022

Personal Contact Information 4.80 15 1/1/2022

Petition for Appointment of Probate Conservator of the Person Only 4.90 18 1/1/2022

Preamble 4.1 4 1/1/2022

Probate Calendar and Settings 4.20 6 1/1/2022

Probate Judge 4.2 4 1/1/2022

Probate Notes and Tentative Rulings 4.4 4 7/1/2023

Proceeding to Compromise Minor’s or Incompetent’s 4.39 9 1/1/2022

Property to be Distributed Must be Listed 4.63 13 1/1/2022

Proposed Orders – Form and Content 4.31 8 1/1/2022

Provision re: Survivorship in Will 4.37 9 1/1/2022

Published Notice for Sale of Real Estate 4.130 26 1/1/2022

Receipts on Distribution 4.69 14 1/1/2022

Required Documents for Appointment of Conservator 4.91 18 1/1/2022

Required Form of Accounts 4.60 11 1/1/2022

Resignation or Removal; Appointment of Successor; Final Account and Discharge 4.110 23 1/1/2022

Sale of Real Property with Independent Powers (Conservatorships / Guardianships) 4.138 29 1/1/2022

Sale of Specifically Devised Property 4.137 29 1/1/2022

Spousal or Domestic Property Petition 4.38 9 1/1/2022

Substituted Judgment 4.86 17 1/1/2022

Tangible Personal Property 4.136 29 1/1/2022

Temporary Conservatorships and Guardianships 4.82 16 1/1/2022

Termination of No-Asset Estate 4.71 15 1/1/2022

Trustees’ Accounts 4.150 30 1/1/2022

Use of Paralegals 4.161 31 1/1/2022

Use of Post Office Box Numbers 4.12 5 1/1/2022

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT IX

ALPHABETICAL INDEX

CHAPTER RULE PAGE AMENDED

PROBATE DEPARTMENT – Chapter 4 (continued)

Waiver of Account for Small Estates 4.103 22 1/1/2022

Withdrawal of Counsel of Record 4.36 8 1/1/2022

SETTING OF CONTESTED FAMILY LAW, ADOPTION AND UNLAWFUL DETAINER ACTIONS – Chapter 12

At-Issue Memorandum 12.2 2 7/1/2017

Contested Family Law, and Adoption 12.1 2 7/1/2017

Counter At-Issue Memorandum 12.3 2 1/1/2024

Long Cause 12.5 3 7/1/2017

Short Cause 12.4 2 7/1/2017

SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW – Chapter 15

Administrative and Traditional Writ of Mandamus Briefing Schedules and Page Limits 15.6 4 7/1/2017

Administrative Writs 15.3 2 1/1/2025

Felony Writs 15.2 2 7/1/2017

Habeas Corpus 15.1 2 7/1/2017

Other Statutory Petitions for Review 15.4 3 7/1/2017

Traditional Writ Of Mandamus 15.5 3 1/1/2025

LOCAL RULES OF COURT

MONTEREY COUNTY SUPERIOR COURT X