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Local Rules of Superior Court of California, County of Imperial

Division 7 (1) Sheriff’s instructions, fully completed, stating the location Special Case Categories where the defendant may be served (forms available in Rule 3.7.0 Judgment Debtor Examinations Sheriff’s office, original only required); (a) Proof of Service: Proof of service of the Order to Appear for Examination (2) Check made payable to the must be filed no later than five (5) “Sheriff of Imperial County” for calendar days before the date of the service fees; and hearing. However, if the proof of service is not filed five (5) calendar (3) A bench warrant of attachment days before the hearing, but the form. person ordered to appear does appear and is ready to proceed, the Court has The above documents shall be filed discretion to order the examination be within thirty (30) days of the order conducted. directing or granting the issuance of the bench warrant of attachment. (b) Appearance at Examination: Upon the call of the calendar, if the parties (e) Continuances: One or more appear, the examination must proceed continuances of a judgment debtor at once, unless a continuance is examination may be allowed upon ordered by the Court. If the person stipulation of all parties or their ordered to appear does appear and the attorneys, joined in by the person or moving party fails to appear, the entity ordered to appear, if approved proceedings may, at the discretion of by the Court upon good cause shown. the Court, be continued to another day or be dismissed. [Adopted July 1, 2007, Rule 3.46 renumbered to 3.7.0 01/01/09] (c) Nonappearance of Party to be Examined: If the party to be examined fails to appear at the time Rule 3.7.1 Unlawful Detainer Proceedings and place set for examination, a bench warrant may be issued requiring (a) Judgment for Money Damages attendance forthwith, provided the after Judgment for Possession of moving party complies with the Premises: When the plaintiff subdivision “(d)” of this rule within obtains a default judgment for thirty (30) days after the examination possession of the premises, the case date. may be calendared for further hearing. In the alternative, a plaintiff (d) Bench Warrants of Attachment: If may file a dismissal without prejudice a judgment debtor fails to appear for as to the money damages, attorney hearing as ordered, the judgment fees and costs. creditor may request issuance of a bench warrant of attachment. The (b) Redesignation of Case Where judgment creditor must file with the Possession is No Longer In Issue: clerk the following items before the The Plaintiff shall immediately notify bench warrant of attachment shall the Court when possession is no issue: longer in issue and request the matter

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