Sutter — here

Source: https://www.sutter.courts.ca.gov/system/files/local-court-rules-7-1-2017.pdf

Sparse pages use OCR; original PDF remains authoritative.

SUTTER COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE July 1, 2013 AMENDED January 1, 2017; July 1, 2017

Superior Court of California, County of Sutter

Superior Court of California, County of Sutter

1.0 1.1 1.2 Superior Court of California, County of Sutter CHAPTER 1 — PRELIMINARY RULES NAME, CITATION, AND EFFECTIVE DATE These rules shall be known as the Local Rules of the Superior Court of California, County of Sutter, referred to herein as Sutter County Superior Court. The rules may be cited as SCLR, followed by the appropriate number. These rules become effective on July 1, 2013. (Effective 7/01/13) CONSTRUCTION AND APPLICATION OF RULES The Local Rules shall be construed and applied in such a manner as to avoid conflict with the California Rules of Court, and shall be liberally construed to serve the efficient administration of justice in Sutter County Superior Court. The California Rules of Court are not printed as part of the Sutter County Superior Court Local Rules, but are incorporated within them. Proceedings in the Sutter County Superior Court are governed by the California Rules of Court as supplemented by these Local Rules, and shall be read in conjunction with them. (Effective 7/01/13) DEFINITIONS Unless otherwise indicated herein, the following shall have the meanings designated below: Clerk Clerk of the Superior Court, County of Sutter County County of Sutter Court Superior Court of California, County of Sutter ccP California Code of Civil Procedure CRC California Rules of Court (Effective 7/01/13)

Superior Court of C'alifomia. County of Sutter

To ensure the security of the courthouse and courtrooms! no person, except those authorized to do so, shall enter the courthouse or anv courtroom carr-ving, or in possession ot, any weapon or device as described in Penal Code section 171b, or any other item that may reasonably be used as a weapon. In addition to the weaponsidevices listed in Penal Code section 171 b. prohibited items include. but are not limited to. pepper spra-v zurd any pointed object capable of inllicting a stab wound or possessing sharpened

2.2 Superior Court of California, County of Sutter edges or surfaces capable of cutting. including, but not limited to, knives (even if less than four inches in length), scissors, screwdrivers, metal combs, ice picks, letter openers, and knitting needles. Court security staff may search any person entering any courthouse or courtroom for possession of weapons and prohibited items, and may confiscate such items prior to permitting entry to the courthouse or courtroom. Assuming these items are not otherwise illegal, they will either be: (1) returned to the individual for the purpose of immediately exiting the courthouse and securing the items in the individual's vehicle; or (2) confiscated until the individual leaves the courthouse. (Effective 1/01/17) ELECTRONIC FILING AND SERVICE (a) Authority and Compliance This rule governs permissive and mandatory electronic filing and service of documents in the Superior Court of California, County of Sutter, as authorized by California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq. Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all requirements and conditions for electronic filing and service set forth in California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq. (b) Mandatory Electronic Filing and Service Documents filed in all civil cases, probate cases, and family law cases must be filed and served electronically. Self-represented parties and non-parties are exempt from the mandatory electronic filing and service requirements, but are encouraged to participate voluntarily. An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attomey requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008). An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing. Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally. (ce) Permissive Electronic Filing and Service Documents filed in the specific permissive filing case types listed on the court’s website at Www.suttercourts.com may be filed and served electronically. 4

Superior Court of Calilbrnia, Counry* oi Sutrer

document or exhibit shall hle electronicaliy and serv'e a Notice of N{anual Filing specificaily describing the document or exhibit, and setting toah the reason the document or exhibit cannot be tiled electronically.

During trial. a party rna]' submit to the courfoom clerk and serv'e by hand any documents, as long as the documents are aiso filed electronically before the close of business no later than the folloing court da,v.

(i) Obligation to Keep Information Current A part,"" w'hose electronic notification address changes w.hile the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record, (Elfective 7i01,i1,1

pursuant to the Trial Court Delay Reduction Act $68600 et seq.), apply to all general civil cases

months months m0nths

General civil cases shall be initiaily - assigned to Plan L For good cause shown, upon the request of a part-y or the court's owrr determinatir:n" a cas€ may be reassigned to another plan. Ln determining reassignment. the court will evaluate each case on its oun merits, considering the tactors set forth in CRC 3.715.

(e) Exemption of exceptional cases The court ma-v in the interest of justice exempt a general civil case from the case disposition time goals pursriimt to CRC 3.71-l(c).

Superior Court of California, County of Sutter (f) Case Management Conference (i) Scope The court will set a case management conference for all general civil cases except complex cases and cases exempted under CRC 3.721 no later than 180 days after filing of the initial complaint. (ii) Notice At the time the case is filed, the clerk shall issue to the filing party a document with the date, time, and place of the first case management conference. It is the responsibility of the filing party to serve all other parties with notice of the case management conference date at the time the complaint is served. (iii) | Case Management Statement Each party must file a case management statement pursuant to CRC 3.725. (iv) Conduct of Case Management Conference Counsel for each party and each self-represented party appearing in the action shall attend the Case Management Conference and shall be familiar with the case and be fully prepared to discuss all matters stated in CRC 3.724 and CRC 3.727. The court shall enter orders as specified in CRC 3.728. (Effective 7/01/13)

Superior Court of Califoraia - County of Sutter

Ex parte communication r,vith court-appointed or court-connected child custod,,-' mediators and/or child custodv evaluators is prohibited except as otherw,ise allowed by statute and California Rules of Court. inciuding Famil-v Code section216 and CRC 5.235 (Efibctive ii}Ii I 3)

4.1 COURT-ORDERED CHILD CUSTODY EVALUATIONS

Superior Court of Califomia, County of Sutter

Superior Court of California. Countl of Sutter

(a) Competency Requirement Absent a knowing and inteliigent w'aiver by'the represented part.v, all anorneys representing parties in juvenile dependency'proceedings must meet the minimu:n stzrndards of competence set ti:rth in these rules and CRC 5.660(d).

(b) Screening and Certification

An-y attoroey appointed b,v the court in a dependenc,v matter must compiete and submit to the court a Certitication of Competence on Local Form JV-05 within 10 day's of his or her first appointment.

Attorneys who meet minimum standards of raining andlor experience as set torth in lhese ruies. as dernonstrated b1'the inibrmation contained in the Certification of Competence submiued to the court, shall be deemed competent tor appclintment b-v the juvenile court in dependenc.v cases except as provided in subdivision (bXiii) of this Rule.

(iii) Notwithstanding the submission of a Certificare of Competence demonstrating the attorney has met the minimum standards tbr training antVor experience, the court may determine. based on conduct or perfbrmance of counsel before the court in a dependency proceeding, that a particular attome-v does not meet the minimum competency standards. ln such case. the court shall proceed as set lbrth in SCLR 5.0(g).

(iv) In the case of an attorne)' who maintains his or her principal otfice in a Califomia county other than Sutter County. prool of certification by the juvenile court of the county in r,vhich the attomey maintains an otfice shall be sufficient evidence of competence to be appointed to represent a child or partl' in a juvenile proceeding in Sutter County.

(c) Nlinimum Standards of Education and Training (il An attorne,v may'not be appointed to represent parties in a dependency'matter befbre the juvenile court unless the attome,v - meets one of the tbllowing requirements: (A) H;rs completed the minimum taining and education required by CRC 5.6601d)13); or (B) Has suflicient recent experience in dependenc.v proceedings in which the attorney has demonstrated cornpetence. In determining *,hether the

Superior Court of California, County of Sutter attorney has demonstrated competence, the court shall consider whether the attorney’s performance has substantially complied with the requirements of these rules. (ii) Every three years, attorneys who meet the education or experience requirements set forth in subsection (c)(i) must complete at least eight (8) hours of continuing education related to dependency and must submit a new Certification of Competence to the court in order to be appointed to represent parties. If an appointed attorney fails to submit a new Certification of Competence demonstrating compliance with the continuing education requirement, the court shall notify the attorney that he or she will be decertified. Said attorney shall have 20 days from the date of the mailing of the notice to submit evidence of his or her completion of the required training or education. If the appointed attorney fails to submit the required evidence or fails to complete the required minimum hours of continued training or education, the court may order that certified counsel or counsel compliant with this Rule be substituted for the attorney. (d) Standards of Representation All attorneys representing parties in dependency proceedings shall meet the minimum standards of representation set forth in CRC 5.660(d)(4). (e) Attorney Contact Information All attomeys representing children in dependency proceedings shall provide their contact information as required by CRC 5.660(d)(5). (f) Attorney Caseload An attorney representing a child in a dependency proceeding must have a caseload that allows the attorney to perform the duties required by Welfare and Institutions Code section 317(e) and CRC 5.660, and meet the requirements of CRC 5.660(d)(3)-(5). (g) Procedures for Reviewing and Resolving Complaints Any party’s complaint regarding his or her appointed attomey must be in writing and addressed to the Court Executive Officer. A complaint may be lodged on a child’s behalf by a social worker, caretaker relative, or foster parent. Complaints shall be as specific as possible in describing what the attorney did or did not do. The Court Executive Officer or his/her designee, in consultation with the Presiding Judge. will investigate, evaluate, and respond to the complaint in due course. Nothing in these rules precludes any person or public agency from pursing rights afforded them by any other statute or rule of law. (h) Procedures for Informing the Court of the Interests of a Dependent Child (i) At any time during the pendency of a dependency proceeding, any interested person may notify the court that the minor who is the subject of the 13

Superior Court of California, Countv of Surter

Superior Court of Calilbmia, Countv of Sutter

(i) Timelines Attorneys for parties are required to adhere to the statutory time lines for all hearings. Requests for continuances shail be in uriting unless waived by the court tbr good cause. Time waivers will be accepted and continuance granted onl-v on a showing of gr;od cause.

fi) Guardian ad litem In proper cases: the court will appoint an attorney as guardian ad litem. {E-ff'ective 7/A li I 3S

(a) Pre-hea ring Discovery- (i) Infbrmal Discovery: Pre-hearing discovery shall be conducted inlonnally under the procedures set forth in CRC 5.-546. (ii) Motions: All parties shall meet and cont'er in good faith on an,'" and all discovery issues prior to tiling a pre-hearing discovery motion. Onll aiter all intormal means have been eliminated may a part-v petition the court lbr discovery b-v rvav olmotion pu$uant to CRC 5.516(0. The date tbr the hearing shall be obtained tiom rhe Court Clerk, Juvenile Division. A discovery motion under this Rule shall be tlled and sen'ed on all parties at least five (5) court days befbre the hearing. Any responsive papers shall be filed and serv'ed ti.l'o (3) court da,v-s prior to the hearing.

(b) Presentation of' Evidence Social Study-Reports prepared by'CPS shall be filed w'ith the court and made available to all counsel betbre the hearing in accordance with the following time limitations" unless other*jse ordered by'the court:

(iii) Reviews of Family Reunif,rcaticn. Family lvlaintenance. and Permanent Plans
shall be filed at least ten (10) calendar days betbre the hearing.

(iv) Addenda. Status Reports, and all other reports shall be filed a reasonable number of da-vs before the hearing.

Superior Court of California, County of Sutter If the Social Study Report is not timely filed or made available to all counsel, then any affected party or the court may request a continuance of the hearing to the extent permitted by law. The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing. Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing. In order to eliminate unnecessary delays, counsel shall confer regarding contested issues at least one court day prior to the hearing. (c) Settlement Conferences Settlement conferences shall be calendared and held prior to the jurisdictional hearing by court order at the convenience of the parties, if the court deems them necessary. The trial attorneys and their clients shall be present at the settlement conference, unless excused by the court. A representative of CPS with authority to settle cases shall be present at the settlement conference. (d) Mediation Mediation shall be ordered as the court deems necessary. (Effective 7/01/13) 16

6.0 Superior Court of California, County of Sutter CHAPTER 6 — TRAFFIC RULES TRIAL BY WRITTEN DECLARATION Pursuant to Vehicle Code section 40902, a defendant charged with a Vehicle Code infraction or violation of local ordinance adopted pursuant to the Vehicle Code may elect to have a trial by written declaration, unless the defendant has been notified by the court that personal appearance is mandatory. (Effective 7/01/13) 17

Superior Court of California, County of Sutter CHAPTER 7 — RESERVED 18

Superior Court of California, County of Sutter CHAPTER 8 — RESERVED 19

9.0 Superior Court of California, County of Sutter CHAPTER 9 - ADMINISTRATIVE RULES DEFINITION OF JUDICIAL “DAY OF VACATION” A “day of vacation” for a judge of the Superior Court of California, County of Sutter, is an approved absence from the court for one full business day. Absences from the court listed in CRC 10.603(c)(2)(H) are excluded from this definition. (Effective 7/01/13) 20

Superior Court of Calilbmia. Count,v of Sutter

Division Form # Local Form Name

Application & Order for Release of Adoption Optional
Records
Optional

Optional
Ex Parte Arrnlication and 0rder 0ptional
Felony PIea Form Optional
Misdemeanor Entry of Plea with Priors - 23152 Optional
VC

Criminal Misdemeanor Plea Form with Priors - BLANK Optional

Criminal Prop 47 Petition Optional rninal Proposition 64 Petition ional minal Request to be Placed on Court's Calendar ional Family At-Issue Memorandum 0ptional Court Sen,ices Famil.v Optional C ourt Services Farnily Child Custody investigation Questionnaire for Optional Court Partial lnvestigations Sen,ices Declaration Re Due Diligence tlpiionai-

Family' Guardianship Investigation Questionnaire 0ptional Court Sen,ices Family Obj ection to C uardianship Optional Court Services Juvenile Certification of Competence ro Practice in J uvenile Dependency llourt

Probate Probate Declaration Re f)ue l)iligence blank Optional Application and Declaration for Communitl,' Optional Senice or Request for Hearing on Ability to Pay 'Iraffic F'ine Tralllc Declaration of - Financial Circumstances fcrr 0ptional Community Service or Ability to Pay'frat1ic Fine Tralfic Request lbr Pennission to Attend Traffic School Optiunal 26+

Superior Court of Calitbmia, County ol Sutter

Superior Couft of California, County of Suffer Effective July 1, 2013

Attorney at Law, am licensed to practice in the State of California. My

State Bar Number is

I hereby certify that I meet the minimum standards for practice before the Juvenile Division of Sutter County Superior Court as set forth in Local Rule 5.0. I further certify that 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 of attendance)

Dated:

Signature of Attorney

Subiect Case differentiation Case management conference Casc management, civil Case management, exemptions Child custody. communication re: crirninal protective orders and child custodv,/ visitation orders Child custody, court-appointed counsel tbr child Ch ild custody.', court-ordered evaluations Child custody, ex parte commrutication Child custody, mediation of custody and visitation Civil rules Construction and application of local rules Court reporters Court security Del-rnitions Electronic Filing and Senice Fanrily Law F'acilitaror, duties Family law rules General civil case. defined General rules Judicial day of vacation, defined Juvenile dependenc;- Juvenile dependency, attomey caseload J uvenile dependency, attorney competenc)- Juvenile dependency, attomey complaints Juvenile dependency, attomey contact infbrmation J uvenile dependency. attorne!' minimum standards of education and raining Juvenile dependency. attorney screening and certifi cation J uveni I e dependenc y, attorne_v standards o I representation Juvenile dependency, guardian ad litem Juvenile dependency, procedures for informing court of dependent child's interests Juvenile dependency, representation of parties Juvenile dependency. timelines

Superior Court of Califbrnia, Count,v of Sutter

Juvenile Rules .luvenile. contested matters, timelines and procedures Local Forms l..ocal Forms List Local rules" application Local rules. citation Local rules. effective date I.ocal rules, name I..ocal rules, sanctions Preliminarv rules Traflic Rules f'raffic, trial by written declaration Uninsured motorist cases, case management